HomeMy WebLinkAboutExhibitThis Instrument Prepared by
Name: Olga Ramirez-Seijas, Assistant City Attorney
Company: City of Miami
Address: 444 Southwest 2nd 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 , 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, 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;
VAX
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
intemational) 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 LeJeune Road
Coral Gables, FL 33146
TO GRANTOR:
CITY OF MIAMI
City Manager
City of Miami
444 Southwest 2nd Avenue, 10th Floor
Miami, FL 33130
WITH COPIES TO:
City of Miami
City Attorney
444 SW 2 Avenue, Suite 945
Miami, FL 33130
Department of Public Facilities
Asset Management Division
City of Miami
444 SW 2 Avenue, Suite 325
Miami, FL 33130
Bayside Center Limited Partnership
401 Biscayne Boulevard, R-106
Miami, Florida 33132-1924
Attention: Pamela Weller, Vice
President and General Manager
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.
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.
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
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
B y:
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, Director
City Attorney Risk Management Department
Joinder and Consent
For good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, Bayside Center Limited Partnership, a Maryland Limited Partnership,
hereby joins in and consents to the foregoing Easement granted by the City of Miami, in
favor of Miami -Dade County.
Dated this day of , 2007.
Attest:
By: Bayside Center Limited
Partnership, a Maryland Limited
Partnership
By: By:
Print Name:
Corporate Secretary
(Corporate Seal)
STATE OF
COUNTY OF
Print Name:
Title: Vice President and General
Manager
The foregoing instrument was acknowledged before me this
2007 by , as
Center Limited Partnership, a Maryland Limited Partnership, on behalf
Partnership. He/she is personally known to me or
as identification.
day of
of Bayside
of the Limited
has produced