HomeMy WebLinkAboutExhibitThis Instrument Prepared by
Company: City of Miami
Address: 444 Southwest 2" Avenue, Suite 945
Miami, Florida 33130
Folio # 01-4122-002-0020
AMENDED AND RESTATED GRANT OF
TEMPORARY EASEMENT
Reserved for Circuit Court
THIS INDENTURE, made this day of
, 2007, 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, P.O.
Box 330316, Miami, FL 33233-0316, 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, the temporary right and privilege of a non-exclusive temporary
water easement on the property of the GRANTOR, shown and described on EXHIBIT
"A" attached hereto and made a part hereof, (hereinafter called the "TEMPORARY
FACILITIES" or "TEMPORARY 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 TEMPORARY 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
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.
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 losses,
damages, costs or charges including attorney's 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 GRANTEE acknowledges its liability for torts to the extent provided
and allowed under Section 768.28, Florida Statutes. This indemnification shall survive any
cancellation and termination of this TEMPORARY EASEMENT .
Any contractors utilized by GRANTEE in connection with activities undertaken
in connection with this water and sewer TEMPORARY 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 Temporary 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
TEMPORARY FACILITIES within the TEMPORARY EASEMENT and shall be
notified in writing well in advance of the actual start of construction within the
TEMPORARY 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 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
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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"):
(i) delivery to Miami -Dade County Water and Sewer Department 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 the Director of Miami -Dade
County Water and Sewer Department.
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.
The GRANTOR does hereby affirm that it has full power and authority to grant
this TEMPORARY EASEMENT and GRANTEE accepts the property in "as is"
condition.
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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:
Miami -Dade County
Department of Water and Sewer
P,O. Box 330316
Miami, Florida 33233-0316
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.
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Any disputes between the parties under this instrument will be resolved in
accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as
amended from time to time.
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. 06-0724 (the "Prior Easement").
IN WITNESS WHEREOF, the Grantor herein has caused these presents to be
executed in its name on the day and year first above written. Attestation of this
TEMPORARY EASEMENT by the City Clerk shall constitute evidence of approval by
the City of Miami.
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 LeeAnn Brehm, Risk Management Director
City Attorney Risk Management Department
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