HomeMy WebLinkAboutExhibit 1This Instrument Prepared by
And after recordation return to :
City of Miami
Office of the City Attorney
Julie 0. Bru, City Attorney
Address: 444 Southwest 2nd Avenue, Suite 945
Miami, Florida 33130
Reserved for Circuit Court
GRANT OF EASEMENT
THIS UTILITY EASEMENT AGREEMENT ("AGREEMENT "OR
"EASEMENT"), made this day of , 2011, between THE CITY
OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called
"GRANTOR"), whose mailing address is 3500 Pan American Drive, Miami, Florida
33133, and TAMPA ELECTRIC COMPANY, a Florida corporation, doing business
as PEOPLES GAS SYSTEM (the "GRANTEE") whose principal address is P. O. Box
2562, Tampa, Florida 33601, 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 utility
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") for the installation, maintenance and repair of natural gas facilities over,
under and upon said facilities to construct, reconstruct, lay, install, operate, maintain,
relocate, repair, replace, improve, remove and inspect gas transmission and distribution
facilities and all appurtenances thereto, including but not limited to (all appurtenant
equipment), with the right to reconstruct, improve change and remove all or any of the
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facilities within the easement, with the full right of ingress thereto and egress there from
on the express condition that it is used for the express purposes provided herein;
1. 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 nouual operations or emergency repairs of the FACILITIES
are required provided that normal operations of the FACILITIES shall not
conflict with the normal operations of the GRANTOR.
2. The term of this Easement commence from its date of execution. The
Easement will be perpetual unless abandoned or vacated by GRANTOR or
terminated as provided herein.
3. GRANTEE hereby agrees that it will indemnify and hold harmless
GRANTOR and/or its officers, shareholders, directors, agents, and employees
from any and all suits, actions, judgments, and reasonable attorneys' fees, cost
and expenses (at trial and all appellate levels) arising from any suits, actions,
or claims of any character, type, or description brought or made for or on
account of any injuries or damages received or sustained by any person or
persons or property, arising out of, or occasioned by, the negligence of
GRANTEE or its contractors, agents, representatives, employees, licensees, or
invitees in connection with work they are performing on behalf of the
GRANTEE by virtue of the Easement granted hereunder. This
indemnification/hold harmless shall survive any cancellation of this agreement.
4. GRANTEE shall obtain and provide to GRANTOR a certificate of insurance
for commercial general liability on a primary and non contributory basis with
limits of at least $1,000,000 per occurrence, or claim, if claims made is
selected with appropriate retro date with $2,000,000 policy aggregate for
bodily injury, including death and property damage, affording coverage for
premises and operations liability, contractual and contingent exposures,
products and completed operations, and including coverage for personal and
advertising injury, and any applicable endorsements in connection thereto. In
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addition, the certificate must provide coverage for all owned, hired and non
owned autos with minimum limits of coverage of $1,000,000, and must also
reflect coverage for workers' compensation in accordance to statutory limits
for the State of Florida, and a limit of $500,000 for employer liability for each
accident, disease each employee and disease policy limit. In addition, the
certificate must provide umbrella coverage (excess follow form) with limits of
$2,000,000 per occurrence, $2,000,000 aggregate. The certificate must list the
City or GRANTOR as an additional insured with respect to general liability,
auto and umbrella liability coverage will reflect (30) days on the cancellation
provision, except for non-payment (10) days. GRANTEE shall be permitted to
self -insure any of the required insurance listed above.
5. The GRANTOR shall be given ten (10) days advance written notice and the
opportunity by the GRANTEE to attend all preconstruction meetings on initial
installation work of the FACILITIES within the EASEMENT and shall be
notified in writing . ten (10) 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.
6. The GRANTOR shall investigate accidents or claims solely arising out of
their negligence in connection with the property.
7. 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 pavements, sidewalks, curb and gutter, existing
utilities, and landscaping to a condition acceptable to the GRANTOR.
8. 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. In the event
GRANTOR reasonably believes that GRANTEE has abandoned or
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discontinued the easement, GRANTOR shall provide written notice to
GRANTEE via certified mail or the reasonable equivalent thereto
("Abandonment Inquiry"). If GRANTEE fails to respond within thirty (30)
days from the date of receipt of the Abandonment Inquiry, GRANTOR may
record a notice of termination of this Easement. Once this Easement is
terminated or abandoned by the provisions of this instrument or by operation
of the Law, the Easement interest of GRANTEE in the property described in
Exhibit "A" shall automatically revert to the GRANTOR, the City of Miami,
automatically and without the necessity of any further express action by the
GRANTOR.
9. The GRANTOR does hereby affilin that it has full power and authority to
grant this EASEMENT and GRANTEE accepts the property in "as is"
condition.
10. 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:
PEOPLE GAS SYSTEM
Attn: Director of Real Estate
J.A. Kickliter
P.O. Box 2562
Tampa, FL 33601
TO GRANTOR:
CITY OF MIAMI
City Manager
3500 Pan American Drive
Miami, FL 33133
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WITH COPIES TO:
City of Miami
City Attorney
444 SW 2nd 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.
11 Any dispute, claim or action between the parties under this Agreement will be
resolved in a court of competent jurisdiction in Miami -Dade County, Florida.
This Agreement will be interpreted under the laws of the State of Florida. In
any dispute, claim or action between the parties arising out of this Agreement
the parties knowingly and voluntarily agree to waive their right to demand a
jury trial, or to file petuhissive counterclaims. Each party will bear their own
attorney's fees in any dispute, claim or action.
12. GRANTEE in performance of this Agreement shall comply with all applicable
federal, state, county and city laws, ordinances, and regulations.
13. In the event that the GRANTEE shall fail to materially conform to any of the
material terms, or fails to perform any of its obligations hereunder, the
GRANTEE shall be in default. Upon the occurrence of a default, the City
shall provide the GRANTEE with written notice of such default and provide
the GRANTEE with a reasonable opportunity to cure not less than forty five
(45) days, except for emergency conditions. Should the GRANTEE fail to
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cure any default within such time, the City, in addition to. all remedies
available to it by law, may following, upon giving prior thirty (30) days
written notice, as provided in Section 9 and further providing that GRANTEE
has forty five ( 45), to the GRANTEE, terminate this Agreement.
a. In the event of a default by the GRANTEE, the City may, provided
that notice is given to the GRANTEE and that the GRANTEE has not
cured the default, unilaterally end the Agreement. Furthermore, the
GRANTEE shall have no recourse under this section.
14. Invalidation of any one of these covenants by judgment of the Court shall not
affect any of the other provisions of this Agreement, which shall remain in full
force and effect.
15. The GRANTEE agrees upon the request of GRANTOR to relocate its
Facilities, over, under and upon subject parcel at the expense of GRANTOR,
which will not be charged at more than GRANTEE's actual direct cost, with
the vacated portion of this easement being released and conveyed back to
GRANTOR and the site of the relocated Facilities being conveyed and
included in this Easement as though it had been included ab initio.
16. This Agreement and its attachments constitute the sole and only agreement of
the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each party. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are
of no force or effect.
17. GRANTEE shall at its cost and expense record a copy of this Easement in the
public records of Miami -Dade County and will furnish the City Manager with
a certified copy of the easement within thirty (30) days after it has been
recorded.
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IN WITNESS WHEREOF, the GRANTOR herein has caused these presents to be
executed in its name on the day and year first above written. Approval by the City
Commission, Execution by the City Manager and.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
By:
Tony E. Crapp, Jr.
City Manager
ATTEST:
Priscilla A. Thompson
City Clerk
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
Julie O. Bru
City Attorney
Gary Reshefsky, Director
Risk Management Department
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Signed Sealed and Delivered
in the presence of:
WITNESS:
GRANTEE:
TAMPA ELECTRIC COMPANY,
a Florida corporation, DB/A
Peoples Gas System
By:
Print Name: Name: J.A. Kickliter
Title: Director of Real Estate
WITNESS:
Print Name:
SEAL)
(CORPORATE
STATE OF FLORIDA
COUNTY OF HILSBOROUGH
The foregoing instrument was acknowledged before me this day of
2011 by J.A.Kickliter, Director of Real Estate, Tampa Electric Company, a Florida corporation, d/b/a
Peoples Gas System, on behalf of said corporation. He personally appeared before me and is personally
known to me.
(SEAL)
Notary Public
Print Name
Commission Expires:
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LEGAL DESCRIPTION AND SKETCII
SEE ATTACHED EXHIBIT "A"
9
EXHIBIT 'A"
LEGAL DESCRIPTION: GAS COMPANY EASEMENT
A Gas Company Easement over a portion of Tract "D", STADIUM PLAT, according to the plat thereof, as recorded in
Plat Book 168 at Page 25 of the Public Records of Miami -Dade County, Florida and being more particularly described
as follows:
Begin at the most Westerly Southwest corner of said Tract "D", STADIUM PLAT; thence North 01'46'36" West along the
West line of said Tract "D', also being the East Right -of -Way line of N.W. 16th Avenue for 10.54 feet; thence
North 88'13`24"• East departing said West line of Troct "D".and East Right -of -Way line for 9.33 feet; thence
South 01'46.36" East along o line parallel with said West line of Tract "D" and East Right -of -Way line for 21.00 feet;
thence South 88'13.24" West for 7.04 feet to a point on said West line of Tract "D" and East Right -of -Way line, said
point lying on a circular curve, concave to the Northeast and whose radius point bears North 63'29.14" East; thence
Northerly along a 25.00 foot radius curve, lending to the right, through a central angle of 24'44'10" for an arc
-distance of 10.79 feet to the Point of Beginning
SURVEYOR'S NOTES:
- This site lies in Section 2, Township 54 South, Range 41 East, City of Miami.
Miomi-Dade County, Florida.
- Bearings hereon are referred to an assumed value of N 1'46'36" W for the West Line of
Tract "D", soid bearing is identical with the plot of record.
- Lands shown hereon were not abstracted for easements and/or rights -of -way of records.
- This is not a "Boundary Survey" but only a graphic depiction of the description shown hereon.
- Dimensions shown hereon are based on Fortin, Leavy, 5kiles, sketch #2009-053.
SURVEYOR'S CERT RCATION:
I hereby certify that this "Sketch of Description" was mode under my responsible charge on February 11, 2011, and
meets the applicable codes as set forth in the Florida Administrative Code, pursuant to Section 472.027, Florida
Statutes.
"Not valid without the signature and the original raised
seal of a Florida Licensed Surveyor and Mapper"
FORTIN, LEAVY, SKILES, INC., LB3653
By:
Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
EASEMENT LEGAL DESCRIPTION FOR SKETCH TO ACCOMPANY
TECO-PEOPLES GAS REGULATOR STATION EASEMENT
Drown By
REP
Cad. No.
110085
Rcf. Dwg.
S.B.0. j2009-053
Plotted: 2/14/2011 9:07 AM
LEGAL DESCRIPTION, NOTES&_CERTIFICATION
FORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
Date
02/11/11
Scale
None
Job. No, 1 10085
Dwg. No. 101 1-003
Sheet
1 of 3
l —r EXHIBIT "B"NW 7th STREET
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11
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17 18
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NW 4th STREET
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3 2
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id 4f 057
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D40C 46
GEESE ,E(A G-
2.10, N,NIPSt OU1H,
P_B 2 PG. 4
13 14 15
r---- i I
LOCATION MAP TO ACCOMPANY EASEMENT LEGAL DESCRIPTION
FOR TECO-PEOPLES GAS REGULATOR STATION EASEMENT
Draws By
REP
Cad. No.
110085
Rcf. Dwg.
S.B.0./2009-053
Plotted: 2/14/2011 9:07 AM
LOCATION MAP
F ORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653
180 Northeast 168th Street / North Miami Beach, Florida 331 62
Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey_eom
Date
� !.34
P.TJ.22Ci4fi
SITE
TRACT "A"
STADIUM PLAT
P.B. 168 PG. 25
TRACT "0"
STADIUM PLAT
P.B. 168 PG- 25
TRACT "D"
STADIUM PLAT
P.B. 168 PG. 25
-NW 3rd STREET , r_—__------
r
02/11/11
Scale Not to Scale
Job. No. 1 10085
Dwg. No. 1011-003
Sheet 2 of 3
20'
16th AVENUE
EXHIBIT "B"
5'
N
EAST RIGHT OF
WAY LINE OF
NW 16th AVENUE
NB8°13'24"E
9.33'
N01 °46`36"W
10.54'
POINT OF BEGINNING
MOST WESTERLY SOUTHWEST CORNER
OF TRACT "D', STADIUM PLAT,
PLAT BOOK 168, PAGE 25
A=24°44'10"
R=25.00'
L=10.79'
TRACT "D', STADIUM PLAT,
PLAT BOOK 168, PAGE 25
WEST LINE OF
TRACT "D"
S01 °46'36"E
21.00'
�6 RpO�PV
\ �\ S88°13'24"W
ti
NW 3rd STREET
LEGEND
= CENTERLINE
= MONUMENT LINE
= RIGHT DF WAY LINE
GRAPHIC SCAT,P,
10 20
40
( 1N FEET )
1 web = 20 ft.
7.04'
SKETCH TO ACCOMPANY EASEMENT LEGAL DESCRIPTION FOR
TECO-PEOPLES GAS REGULATOR STATION EASEMENT
Drawn By
REP
Cad. No.
110085
Rcf. Dwg.
S3.0./2009-053
Plotted 2/14/2011 9:07 AM
SKETCH OF DESCRIPTION
F ORTIN, LEAVY, S KILES, INC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTf3ORIZATIOXX NUMBER' 00003653
180 Northeast 168th Street / North Miami Beach, Florida 33162
Phone 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com
Date
SOUTH LINE OF
TRACT "D"
NORTH RIGHT OF
WAY LINE OF
NW 3rd STREET
02/11/11
Scale
1" = 20'
fob. No. 1 10085
Dwg. No. 101 1-003
Sheet 3 of 3