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Home My WebLink AboutExhibitSec. ,Twp S,Rge E Name: Co. Name: Parcel L.D.# (Maintained by County Appraiser Address: Reserved for Circui! Court AMENDED AND RESTATED GRANT OF TEMPORARY EASEMENT THIS INDENTURE, made this day of , 2007, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), and BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia Corporation, its licensees, agents, successors, and assigns, (hereinafter called "GRANTEE"); WITNESSETH THAT, the GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) 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, the temporary right and privilege of an approximately six (6) foot wide strip by an approximately two thousand eight hundred twenty five (2,825) foot long strip running east/west, and a six (6) foot wide strip by an approximately one hundred twenty nine (129) foot long strip running north/south, temporary, non-exclusive rjj:Document 72183 1 06 -at j 3 easement on the property of the GRANTOR, shown and described on EXHIBIT "A," attached hereto and made a part hereof, (hereinafter called the "PROPERTY" or "TEMPORARY EASEMENT") to construct, operate, maintain, add, and/or remove such systems of communication facilities, provided, however, that any future work to any overhead facilities other than repairs, shall be underground, stand-by generators and associated fuel supply systems as a means of providing uninterrupted service during commercial power outages, with all wiring, cable, or conduits to be placed underground, with the right to reconstruct, improve, change the voltage, and remove such facilities or any of them within the TEMPORARY EASEMENT, (hereinafter called the "TEMPORARY FACILITIES"), with full right of ingress thereto and egress therefrom. The GRANTEE shall regulate the installation and future operations of the TEMPORARY FACILITIES so as not to conflict with normal operations of the GRANTOR; however, the GRANTEE shall have full right to enter upon the TEMPORARY EASEMENT at any time when normal operations or emergency repairs of the TEMPORARY FACILITIES are required. The GRANTEE agrees to indemnify, defend and hold harmless the GRANTOR from all and against all suits, claims, judgments, and all losses, damages, costs, attorneys fees and court costs, fines, or charges arising directly or indirectly from the installation or maintenance, repair, use or existence of the GRANTEE'S TEMPORARY FACILITIES within the TEMPORARY EASEMENT. The GRANTOR shall be given written notice and the opportunity by the GRANTEE to attend all preconstruction meetings on installation work of the TEMPORARY FACILITIES within the TEMPORARY EASEMENT and shall be rjj:Documenl 72183 2 notified in writing well in advance of the actual start of construction within the TEMPORARY EASEMENT. Notice shall be provided to City of Miami, City Manager, 444 SW 2n`k Avenue, 10tt' Floor, Miami, FL 33130, with a copy to City of Miami, Public Works Department, 444 SW 2"d Avenue, 8tn Floor, Miami, Florida 33130. It is further understood and agreed by and between the parties hereto that GRANTOR reserves to 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 TEMPORARY EASEMENT, and the right to erect light or telephone lines or any other improvements which do not hinder the operation of the TEMPORARY 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 TEMPORARY 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 TEMPORARY FACILITIES shall not encroach beyond the boundaries of the TEMPORARY EASEMENT or any other easement that may be granted by the GRANTOR. This instrument and the Temporary Easement granted pursuant to this instrument shall automatically terminate and be of no further force or effect upon the earliest to occur of the following two (2) events (any such event being hereinafter referred to as a "Termination Event"): rjj:Document 72183 3 (i) delivery to Bellsouth Telecommunications, Inc. of a certification of a licensed engineer confirming that relocated lines (the "Relocated Lines") have been installed, if applicable, along the Florida Department of Transportation Right -of -Way located adjacent to the above described property (the "Relocation Area") and recordation in the Public Records of Miami -Dade County, Florida of permanent easements for the Relocated Lines in favor of the GRANTEE; or (ii) written release of this instrument by Bellsouth Telecommunications, Inc. Only one Termination Event must occur for this instrument and the TEMPORARY EASEMENT granted pursuant to this instrument to automatically terminate. Should the TEMPORARY EASEMENT be abandoned, discontinued by law, or otherwise, said TEMPORARY EASEMENT shall automatically cease and revert with the right of immediate possession and right of entry to GRANTOR or its successors in interest. Upon the GRANTOR'S request, after the occurrence of any Termination Event, the GRANTEE shall execute and deliver to the GRANTOR written confirmation in recordable form that a Termination Event has occurred, and that this instrument and the TEMPORARY EASEMENT granted pursuant to this instrument have been terminated and are of no further force or effect, but neither the GRANTOR'S failure to make any such request nor the GRANTEE'S failure to execute any such instrument shall be rjj:Document 72183 4 deemed to affect the automatic termination of this instrument and the TEMPORARY EASEMENT granted pursuant to this instrument upon the occurrence of a Termination Event as defined above. The GRANTEE agrees to restore, at GRANTEE'S sole cost and expense, any damages to the TEMPORARY FACILITIES, or any areas used by GRANTEE'S agents for ingress and egress thereto, caused as a result of the use of the TEMPORARY FACILITIES by the GRANTEE'S agents to a condition acceptable to the City. Such restoration shall be done prior to the expiration of this instrument. The GRANTOR does hereby fully warrant that it has good title to the PROPERTY and that it has full power and authority to grant this TEMPORARY EASEMENT and GRANTEE accepts the property in "as is" condition. All notices, requests, consents and other communications required or permitted under this TEMPORARY 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: Bellsouth Telecommunications, Inc. rjj:Document 72183 5 TO GRANTOR: CITY OF MIAMI City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 WITH COPIES TO: City of Miami City Attorney 444 SW 2 Avenue, Suite 945 Miami, FL 33130 City of Miami Director of Public Facilities 444 SW 2 Avenue, Suite 325 Miami, FL 33130 or to such other address as any party may designate by notice complying with the terms of this paragraph. Each such notice shall be deemed delivered (1) on the date delivered if by personal delivery; (2) on the date telecommunicated if by telegraph; (3) on the date of transmission with confirmed receipt if by telex, telefax or other telegraphic method; (4) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and (5) one day after mailing by any form of overnight mail service. This instrument amends and restates and replaces in their entirety the provisions of that certain unrecorded Grant of Easement approved by the City of Miami on December 14, 2006 Resolution No. 06-0718 (the "Prior Easement"). IN WITNESS WHEREOF, THE CITY OF MIAMI, a municipal corporation of the State of Florida, in the County of Miami -Dade, has caused this instrument to be executed in its name and its seal to be affixed hereto by the authority granted to the City rjj:Document 72183 6 Manager and the City Clerk at the , 2007 City Commission Meeting by Resolution No.: , on this day of , 2007. CITY OF MIAMI, a municipal corporation of the State of Florida By: Pedro G. Hernandez City Manager ATTEST: Priscilla A. Thompson City Clerk APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Jorge L. Fernandez Director City Attorney LeeAnn Brehm, Risk Management Risk Management Department rjj:Document 72183 7 Exhibit "A" Legal and Sketch rjj:Document 72183 8