HomeMy WebLinkAboutExhibitThis Instrument Prepared by
Company: City of Miami
Address: 444 Southwest. ;no a;eime. Suiie 94<
Miami, Florida 33130
Folio # 01-3132-000-0090
GRANT OF EASEMENT
THIS INDENTURE, made this day of
Reserved for Circuit Court
, 2008, 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, forever, the right and privilege of a non-exclusive water
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.
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By acceptance of this instrument, the GRANTEE agrees to indemnify and hold
harm;ess ;;fie from all and against suits. 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 undertaker,
in connection with this water and sewer 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 insured 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
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easement that may be granted by the GRANTOR. Should the EASEMENT be abandoned
or discort nued 1::_v . iherwise. or ro ion` r ,cf us: for the urpo es provided here's
or if the GRANTEE does not comply with any teiin, covenant or condition of this
instrument, the said EASEMENT shall automatically 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.
Ali notices, requests, consents and other communication5 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
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
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or to such other address as any party may designate by notice complying with the terms
of :is rar aga�i�3Each s,...;ctice shall he deemed (1 ) .n 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 instrunmeni will be resolved u
accordance with the Florida Governmental Conflict Resolution Act, Ch. 164, Fla. Stat., as
amended from time to time.
[Signatures appear on next page]
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IN WITNESS WHEREOF, the Grantor herein has caused these presents to be
F' .`C.lcted -- 7 s name on the da-y am year first above written, Attestation of this
Miami.
CITY OF MIAMI, a municipal corporation
of the State of Florida
]-eC1C
City Manager
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
MARIA J. CMIARO, INTERIM LeeAnn Brehm, Risk Management Director
City Attorney Risk Management Department
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EXHIBIT "A"
LEGAL: DlTSCR]FTIONAND SKFTC
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