HomeMy WebLinkAboutExhibitThis Instrument Prepared by
Name: Olga Ramirez-Seijas, Assistant City Attorney
Company: City of Miami
Address: 444 Southwest 2"d Avenue, Suite 945
Miami, Florida 33130
Tax Folio # 01-0100-000-520
Reserved for Circuit Court
GRANT OF EASEMENT
THIS INDENTURE, made this day of , 2006, between THE
CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called
"GRANTOR"), and MIAMI-DADE COUNTY, a political subdivision of the State of
Florida, whose mailing address is c/o Miami -Dade Water and Sewer Department, 3575
South LeJeune Road, Coral Gables, FL 33146, hereinafter called ("GRANTEE");
WITNESSETH:
THAT, the GRANTOR, for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable considerations, the receipt of which is hereby
acknowledged by the GRANTOR, has granted and does hereby grant to the GRANTEE,
its successors and assigns, forever, the right and privilege of a 12-foot wide water
easement, irrevocable, perpetual and non-exclusive easement on the property of the
GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part
hereof, (hereinafter called the "FACILITIES" or "EASEMENT") to construct, install,
operate and maintain water facilities, with the right to reconstruct, improve, change, and
remove all or any of the facilities within the easement, with the full right of ingress
thereto and egress therefrom on the express condition that it is used for the express
purposes provided herein;
The GRANTEE shall regulate the installation and future operations of the
FACILITIES so as not to conflict with normal operations of the GRANTOR; however,
the GRANTEE shall have full right to enter upon the EASEMENT at any time when
normal operations or emergency repairs of the FACILITIES are required.
By acceptance of this instrument, the GRANTEE agrees to indemnify and hold
harmless the GRANTOR from all and against all suits, claims, judgments, and all loss,
damage, costs or charges including attorney's fees and court costs arising directly or
indirectly from the installation or maintenance, repair, use or existence of the
GRANTEE'S FACILITIES within the EASEMENT. The GRANTEE acknowledges its
liability for torts to the extent provided and allowed under Section 768.28, Florida Statutes.
This indemnification shall survive any cancellation of this agreement.
Any contractors utilized by GRANTEE in connection with activities undertaken
in connection with this water EASEMENT shall: (1) indemnify the GRANTOR and the
GRANTEE for negligent, willful or intentional acts or omissions of the contractor and its
subcontractors in connection with any activities undertaken on the Easement Parcel, and
(2) obtain and provide to GRANTOR evidence of comprehensive general liability
insurance and auto liability insurance with minimum limits of coverage in the amount of
$1,000,000.00 per occurrence, bodily and property damage combined and (3) list
GRANTOR and GRANTEE, as additional insureds under such contractor's liability
insurance.
The GRANTOR shall be given written notice and the opportunity by the
GRANTEE to attend all preconstruction meetings on installation work of the
FACILITIES within the EASEMENT and shall be notified in writing well in advance of
the actual start of construction within the EASEMENT. It is further understood and
agreed by and between the parties hereto that GRANTOR reserves itself, its heirs and
assigns, all other rights not specifically granted herein, including but not limited to the
right to construct streets, cross and recross said EASEMENT, and the right to erect light
or telephone lines or any other improvements which do not hinder the operation of the
FACILITIES by the GRANTEE on an ongoing basis.
The GRANTEE shall be held responsible for any damage to adjacent property as
a result of the installation and future operation of the FACILITIES, and further, shall
restore all pavement, sidewalks, curb and gutter, existing utilities, and landscaping to a
condition acceptable to the GRANTOR.
The GRANTEE during the course of installation and future operation of the
FACILITIES, shall not encroach beyond the boundaries of the EASEMENT or any other
easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned
or discontinued by law or otherwise, or no longer of use for the purposes provided herein
or if the Grantee does not comply with any term, covenant or condition of this
instrument, the said EASEMENT shall cease and revert with the right of immediate
possession and right of entry to the GRANTOR or its successors in interest.
The GRANTOR does hereby affirm that it has full power and authority to grant
this EASEMENT and Grantee accepts the property in "as is" condition.
All notices, requests, consents and other communications required or permitted
under this EASEMENT shall be in writing (including telex and telegraphic
communications) and shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, telecommunicated, or mailed (airmail if
international) by registered or certified mail (postage prepaid), return receipt requested,
or sent by any form of overnight mail, addressed to:
TO GRANTEE:
Miami -Dade County
Department of Water and Sewer
3575 South Lereune Road
Coral Gables, FL 33146