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HomeMy WebLinkAboutExhibit 1Sec.22 Twp 54 S Rge 41 E Prepared by and after recordation return to : Aldo Bustamante, Real Estate Manager City of Miami Dept. of Public Facilities 444 SW 2nd Av., 3rd Floor Miami, Fl. 33130-1910 Name: Co. Name: Parcel L. D. # 01-4122-002-0010 Address: 3500 Pan American Drive, Miami. Florida. (Maintained by County Appraiser) GRANT OF EASEMENT Reserved for Recording Office, Clerk of the Circuit Court THIS INDENTURE (the "Agreement") is made this day of , 2012, between the CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), and COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC, a Delaware limited liability company, 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 right and privilege of a perpetual, non-exclusive easement (hereinafter called the "EASEMENT") on these terms of an approximately fifteen (15) foot wide strip of City -owned property located at 3500 Pan American Drive, Miami, Florida, (also known as Coconut Grove Convention Center COMCAST Easement 1 Convention Center), shown and described in EXHIBIT "A," attached herein and made a part hereof (hereinafter called the "PROPERTY"), with full right of access to, over and across the PROPERTY for pedestrian and vehicular access and ingress thereto and egress there from, for the construction, operation and maintenance of underground communications, broadband, cable television, or similar installations to be installed from time to time (hereinafter called the "FACILITIES") to service exclusively City -owned property, with the right to reconstruct, improve, add to, enlarge, change the voltage of, change the size of and remove such FACILITIES or any of them within the EASEMENT, provided, however, that any future work to any FACILITIES other than repairs shall be underground. The GRANTEE shall regulate the installation and future operations and maintenance of the FACILITIES so as not to conflict with noiunal operations of the GRANTOR or its licensees, agents, successors, and assigns; however, the GRANTEE shall have full right to enter upon the EASEMENT at any time, 24 hours per day, 7 days a week, when normal operations or emergency repairs of the FACILITIES are required. The GRANTEE agrees to indemnify defend and hold hainiless the GRANTOR from all and against all suits, claims, judgments, and all loss, damage, costs, attorneys fees and court costs or charges arising out of or related to GRANTEE'S (i) interference with GRANTOR's use and enjoyment of the PROPERTY or of the EASEMENT, except as permitted herein; or (ii) negligent or willful act or omission; or (iii) failure to comply with the terms of this Agreement. GRANTOR shall indemnify, defend, and hold GRANTEE, its parents, subsidiaries, affiliates, directors, officers and employees harmless from and against any liabilities, claims, damages, costs, losses, or expenses arising out of or related to GRANTOR'S (a) use of the EASEMENT by it or its agents, employees, contractors, licensees, and invitees; b) negligent or willful acts or Convention Center COMCAST Easement 2 omissions; ,or (iii) failure to comply with the terms of this Agreement; or (iv) interference with GRANTEE'S use and enjoyment of the EASEMENT. The GRANTEE will maintain the Insurance required in "Exhibit B" throughout the term of this Easement and shall present the required insurance certificate for approval to the City Risk Manager prior to the City's execution of this EASEMENT. The Risk Manager shall be notified of any modification, change or amendment to the required insurance coverage and the Risk Manager's approval shall be required in all such instances. 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 in advance of the actual start of construction within the EASEMENT. All Notices to under this EASEMENT shall be furnished to: If to GRANTEE : Comcast Cable Communications Management, LLC 789 International Parkway Sunrise, FL 33034 Attn : Vice President, Business Services With a copy to: Comcast Cable Communications, LLC One Comcast Center 1701 JFK Blvd. Philadelphia, PA 19103 Attn.: General Counsel If to GRANTOR: City of Miami Department of Public Facilities Henry Torre, Director 444 SW 2nd Avenue, 3rd Floor Miami, Florida 33130. With a copy to: City of Miami, City Manager 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130 With a copy to: City of Miami, Department of Capital Improvements Program 444 SW 2nd Avenue, 8th Floor Miami, Florida 33130 Convention Center COMCAST Easement 3 All communications between the parties arising out of this Agreement shall be sent by certified mail, return receipt requested, or nationally recognized overnight courier, to the addresses listed above, or such other address as the parties may designate. 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 ongoing 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. Any such improvements on the EASEMENT shall not be installed until GRANTOR has obtained GRANTEE'S prior written consent, which consent shall not be unreasonably withheld or delayed. The GRANTEE shall be responsible for any damage to adjacent property as a resultof the installation, future operation, use and/or maintenance of the FACILITIES, and further, shall restore all pavement, sidewalks, curb and gutter, existing utilities, and landscaping to a condition acceptable to the GRANTOR. During the course of installation, future operation and/or maintenance of the FACILITIES, the GRANTEE 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 GRANTEE determines that such EASEMENT is no longer of use for the purposes provided herein or if GRANTEE abandons the EASEMENT area by not using it for a period of one (1) or more years, or if GRANTEE is in violation of any term or condition herein and does not correct such breach within thirty (30) days of receiving written notice from the GRANTOR then, in each such instance, the said 4 Convention Center COMCAST Easement EASEMENT shall automatically cease and revert with the right of immediate possession and right of entry to. the GRANTOR or its successors in interest, in which event GRANTEE may leave the FACILITIES in place, without further liability to GRANTEE. Should the GRANTEE allow another entity or SUB -GRANTEE to use the FACILITIES in connection with this EASEMENT, the GRANTEE must receive prior written approval from the City Manager of the City of Miami, which may be denied, withheld or conditioned upon the payment of consideration to the GRANTOR, which will first require the payment of monetary consideration to be paid to GRANTOR in an amount agreed upon by the parties set forth in a written instrument. Notwithstanding the above, GRANTEE may without obtaining GRANTOR'S prior consent, assign this Agreement in the event of a sale of the Comcast Franchise in the manner provided by law to: (a) any parent, affiliate, or subsidiary of GRANTEE; or (b) any entity which succeeds to all or substantially all of GRANTEE'S assets or ownership interests, and the franchised cable system operated by GRANTEE (or its affiliate or subsidiary) which serves the municipality in which the Property is located, whether by merger, sale or otherwise, provided that such successor also succeeds to the cable television franchise agreement held by GRANTEE (or its affiliate or subsidiary) for the municipality in which the Property is located. The GRANTEE agrees to restore to a condition reasonably acceptable to the GRANTOR and at GRANTEE'S sole cost and expense, any damage to the PROPERTY or the EASEMENT, or any areas used by GRANTEE'S agents for ingress and egress thereto, caused as a result of the construction, use operation and/or maintenance of the FACILITIES by the GRANTEE'S agents. Such restoration shall be done as and when requested by the GRANTOR. Convention Center COMCAST Easement 5 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 EASEMENT. This Agreement may be amended, revised, waived, discharged, released or terminated only by a written instrument executed by both parties hereto. IN WITNESS WHEREOF, the GRANTOR has caused this Grant of Easement to be executed the day and year first above written. ATTEST: CITY OF MIAMI, a municipal corporation of the State of Florida By: Priscilla A. Thompson, City Clerk Johnny Martinez, P.E. ATTEST: City Manager APPROVED AS TO INSURANCE APPROVED AS TO LEGAL FORM REQUIREMENTS: AND CORRECTNESS: By: By: Calvin Ellis, Director Julie O. Bru Risk Management City Attorney Convention Center COMCAST Easement 6 EXHIBIT „A" LEGAL DESCR I PT ION: Cormience at the Southwest Corner of the Northwest;Quorter of Section 22,Townshlp 54 South, Runge 41 East, Mlomi-Dade County, Florida; Thence Morth 00' 00' 00'! Eclat (Due North)! for 63.10 feet to.a point; Thence at right angle to the last described•course, North 90'00'09" • East(Due East) for 30.00 feet ;Thence North 3/3'42'00" East along a line par011el••wit1 and • 44.00 feet Southwesterly of, as fnegsured at right angle to the Northwesterly Inclof "Tract A" DINNER KEY, as recorded In Plat Book 34, at age 2, of the Public Records of Miami -Dodo County,Florida, for 922.70 feet to a point on the next described curve, sold point Bearing North 20' 14'38" Eost from the Radius point of said curve; Thence South and Southeasterly along a circular curve to the right, concave to the Southwest, having a radius of 45,07 feet and a centrol angle of 39'03'58' for an arc distance of 30.73 feet;to a point of Ton envy ; Thence South 30'41'24" East along the Easterly line of Saidiract:A" DINNER ic KEY of ording to the Plot thereof os recorded in Plat Book 34, at Page of the Miami -Dada County, Floridc for 196.76 feet to a point of curvature; Thence Southeast rlyFaet along ❑ circular curve to the left, concave to the Northeast, having a Radius of 851.28 on o central angle of'44'37'39" for an arc of 65,42 feet to a poln€ of Tangency; The 'ce South 75'19'03' East for 12.27 feet;Thence South 15'12'57"West for 267,4-f' feet; Thence South 44'22'00 East for 342.91 feet; Thence South 87' 54'15"West. for 182.30 feet;Thence outh 43'47'0O" Eost for 399.97 feet; Thence South 45' 29'26" West to 385.78 feet;Thence N rth 43'47'00" West for 235.56 feet; Thence South 45'23'51"West for 52596 feet; thence N rth 44'36'09" West for 89.88 feet to the Point of Beginning of the herelnafter described Parcel of Land; Thence North 58'10'11.'" West for 34.02 feet.; Thence North 311'49'52" East for 13.60 feet; Thence North 09'59'24" West for 28.71 feet; Thence North 58'j0'11" West for 58.79 feet; Thence North 31'05'03" West for 239.38 feet; Thence South 57'36'37!East for 154.04 feet; Thence North 53'44'42" East. for 71.23 feet; Thence. North 12'26'14":West for 5.65 feet; Thence North 77'33'45" Eost for 30.26 feet; Thence South 44'35'43" East for 10.00 feet; Thence South 45'24.'17" West far 30.01 feet;. Thence North 44'35'43" West for 6.36 feet; Thence So th 53'44'51" West for 82.27 feet; Thence North 57'36'32" West for 1591.56feet.; Thence S uth '1 31'04'43" West for 209.23 feet; Thence South 58'10•i" East- for 97;.'15 t et;Then6e South 3'I'49'52": West for'50.00 feet to the Point of.Beginning. Containing 0'.2401 acres pore or less .or 1..0 , 4.5.2.7 60-s•p•u-e-r-e• GENERAL NOTES: 1) OWNERSHIP IS SUBJECT TO OPINION OF TITLE. 2) EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERIvIIIVE 3) LOCATION AND IDENTIFICATION OF UTILITIES ON AND/OR ADJACENT TO THE RECORDED INSTRUMENTS, IF ANY, AFFECTING THIS PROPERTY. 4) NO SEARCH OF PUBLIC RECORDS HAS BEEN MIADE BY T1S OFFICE FOR ACCUP.ACY PROPERTY WERE NOT SECURED AS SUCH INFORMATION W?,S NOT REQUESTED. 5) THIS CERTIFICATION IS ONLY FOR THE LANDS A DESCRIBED. IT IS NOT A ' CERTIFICATION OF TI-rLE,ZONINC, EASEMENTS,ORIFR EDAM FROM ENCUMBRANCES, AND/OR OMISSIONS. I HEREBY CERTIFY; TMAT THE SLI.PIIFY nF T.}UE_AB-OVE4A°�1.ONED-PROPERTY WAS COMPLETED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORID BAR¢ OF PROFESSION- AL LAND SURVEYORS IN CHAPTER 5J-17 ,. FLORIDA,4DMI ISTRATIVE CODE, PURSUANT TO SECTION 472_027, FLORIDA STATUTES. II THERE MAYBE ADDITIONAL RESTRICTIONS AND DEDICATIONS THAT ARE NOT SHOWN ON THIS SURVEY AND M&Y BE FQUND IN THE PUBLIC :RECORD5 OF THIS COUNTY. METTIENCE FOR BEIMNa: • ASSUMED NORTH BASED ON A BE' RING OF AN ASSUMED MERIDIAN -OR RIGHT-OF-WAY LINE AS SHOT N UPON OUR BOUNDARY SUFVEY, TWJO 0AQC nr OC Aemvf IP a 1 innn a,r•rrrn.“., SYMBOL LEGEND . C8Nf7ER LI('15 pO\VER POLE Q OAK TREE uor1T POLE G STOP SIGN X. WATER V LVE SIGN A 13ELLSOUTt- BOX Ti WATER P1 TER PALM MAIL SOX TR8E CHAIN LI IJ: F8f'ICE VAY; R AV =RIGHT OF eL ONSULTING z trl Leks1 Pala ol.a'c:e t �w I•a� �-uo L6E�1ISa Sd94 tattolIf s t Iv 1.,Xeri,61..% SEE bET(i)l_ olio lei. im1zo y7. S'at Hall a< lira a bloc Lob,' PSI.I 353D b°! Sot tlal I do Brow I Dl cc Lobel rsld 3030 Found Hal Dlac Lob & Braan P5l, 5530 EXHIBIT B INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE- CONVENTION CENTER EASEMENT I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Products/Completed Operations Personal and Advertising Injury B. Endorsements Required $1,000,000 $ 2,000,000 $ 1,000,000 $1,000,000 City of Miami included as an additional insured Contingent and Contractual Liability Premises/Operations Liability Explosion, Collapse and Underground Hazard Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami included as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Employer's Liability A. Limits of Liability $1,000,000 for bodily injury caused by an accident, each accident. $1,000,000 for bodily injury caused by disease, each employee $1,000;000 for bodily injury caused by disease, policy limit IV. Umbrella Policy (Excess Follow Form) A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 Aggregate $ 1,000,000 City of Miami listed as an additional insured The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. �® CERTIFICATE OF LIABILITY INSURANCE ATE /2011 /YYYY) D12/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER: ' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA INC. TWO LOGAN SQUARE PHILADELPHIA, PA 19103-2797 Attn: Comcast.Certs@marsh.com Fax: 212-948-0360 05194 -ALL-GAWU-11-12 CONTACTNAME: PHONE FAX (A/C No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC t/ INSURER A : ACE American Insurance Company 22667 INSURED T ONE COMCAST CENTER ONE 1701 JOHN F. KENNEDY BLVD. PHILADELPHIA, PA 19103 INSURER B: ACE Property And Casualty Ins Co 20699 INSURER C Indemnity Ins Co 01 North America 43575 INSURER D: INSURER E : INSURER F: • CLE-003742834.01 REVISION NUMBER: v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR .MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP IMM/DD/YYYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X I OCCUR XSL G25532867 12/01/2011 12/01/2012 EACH OCCURRENCE $ 4,900,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) $ 4,900,000 CLAIMS -MADE MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 4,900,000 X $100,000 SIR GENERAL AGGREGATE $ 25,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1 I PRO- I I LOC PRODUCTS - COMP/OP AGG $ 6,000,000 X $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS ISA H08692506 12/01/2011 12/01/2012 COM(EaaBINEDt SINGLE LIMIT $ 10,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAR EXCESS LIAB X _ OCCUR CLAIMS -MADE XOOG25833892 12/01/2011 12/01/2012 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I I RETENT ON $ $ C A A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE (Mandatorin NH) EXCLUDED? N (Mandatory NH) If DESCRIPTION describe under OF OPERATIONS below NIA WLRC46771473 (AOS) WLRC(CA) 4677148512/01/2011 WLRC46771497 (MN) WI SCFC46771503 ( ) 12/01/2011 12/01/2011 12/01/2011 12/01/2012 12ID1/2012 12/01/2012 12/01/2012 X WC STATU- I OTH- TORY LIMIT., ER E.L. EACH ACCIDENT 2,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE -POLICY LIMIT $ 2,DD0.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required). RE: JANUARY 12, 2012 COMMISSION MEETING CITY OF MIAMI IS INCLUDED AS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILITY POLICY AND AUTOMOBILE LIABILITY POLICY WHERE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. S100,000 PER OCCURRENCE SELF INSURED RETENTION APPLIES ONLY TO THE ABOVE GENERAL LIABILITY POLICY. CONTINGENT AND CONTRACTUAL LIABILITY, PREMISES/OPERATIONS LIABILITY, EXPLOSION, COLLAPSE AND UNDERGROUND HAZARD, PRIMARY INSURANCE CLAUSE ENDORSEMENT ARE INCLUDED IN THE GENERAL LIABILITY POLICY. s CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI DEPT. OF PUBLIC FACILITIES/ASSET MANAGEMENT ATTN: BARBARA ROBINSON 444 S.W. 2NDAVENUE, STE-325 MIAMI, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee —Y1/4a'+ti90 ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved, The ACORD name andlogo are registered marks of ACORD