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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 Countv Appraiser) GRANT OF EASEMENT Reserved for Recording Office, Clerk of the Circuit Court THIS INDENTURE is made this day of , 2012, between the CITY OF MIAMI, a municipal corporation of the State of Florida, whose principal address is 3500 Pan American Drive, Miami, Florida 33133 (hereinafter called "GRANTOR"), and BellSouth Telecommunications, LLC d/b/a AT&T Florida, a for -profit corporation, its Licensees, agents, successors, and assigns, whose address is 9101 SW 24TH ST, Miami, Florida 33165 (hereinafter called "GRANTEE"); Iti 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 teuus of an approximately fifteen (15) foot wide strip of City -owned Convention Center ATT Easement 1 property located at 3500 Pan American Drive, Miami, Florida, (also known as Coconut Grove Convention Center), shown and described in EXHIBIT "A," attached herein and made a part hereof (hereinafter called the "PROPERTY"), with full right of ingress thereto and egress therefrom, for the construction, operation and maintenance of cable, conduit, manholes, and handholes to be installed from time to time (hereinafter called the "FACILITIES") to service exclusively the parcel of property on which this Easement is located (which is currently owned by the City), 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 result in only underground facilities. The GRANTEE shall regulate the installation and future operations and maintenance of the FACILITIES so as not to conflict with normal 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 when noinial operations or emergency repairs of the FACILITIES are required and provided that it is understood and agreed that such operations or repairs may result in temporary conflict and further providing that Grantee will use its best efforts to schedule its work during such hours and use such methods as will cause the least temporary conflict or none at all. The GRANTEE agrees to indemnify defend and hold haiiuless the GRANTOR from all and against all suits, claims, judgrnents, and all loss, damage,, costs, attorneys fees and court costs or charges arising directly or indirectly from the installation or maintenance, repair, use or existence of the GRANTEE'S FACILITIES within the EASEMENT. Convention Center ATI Easement 2 The GRANTOR shall be notified at least seventy-two (72) hours in advance of the actual start of initial construction within the EASEMENT. Construction Notices shall be provided to City of Miami, City Manager, 444 SW 2nd Avenue, 10th Floor, Miami, FL 33130, with a copy to City of Miami, Department of Capital Improvements Program, 444 SW 2nd Avenue, Sth Floor, Miami, Florida 33130. All Notices to the Grantee under this Easement shall be furnished also to City of Miami, Director of Public Facilities, 444 SW 2"d Avenue, • 3rd Floor, Miami, Florida 33130. 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 right of 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 or the access by the GRANTEE to the FACILITIES on an ongoing basis. The GRANTEE shall be responsible for any damage to adjacent property as a result of the installation, future operation, use and/or maintenance of the FACILITIES, and further, shall restore, or cause to be restored, all pavement, sidewalks, curb and gutter, and landscaping to a condition substantially similar to the prior condition and reasonably 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 use of the EASEMENT be abandoned or discontinued by law or otherwise, or no longer of use for the purposes provided herein, the GRANTOR may request that GRANTEE release this EASEMENT, and GRANTEE Convention Center ATT Easement 3 shall promptly do so. Following any such release, 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. Should the GRANTEE allow another entity or SUB -GRANTEE to use the FACILITIES in connection with this EASEMENT in a manner that would require such party to enter the EASEMENT from time to time, 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. The GRANTEE agrees to restore to a substantially similar condition reasonably acceptable to the City and at GRANTEE'S sole cost and expense, any damage to the PROPERTY or the FACILITES, 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 in the manner set forth above and promptly following request by the GRANTOR. Convention Center ATT Easement 4 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. 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 0. Bru Risk Management City Attorney Convention Center ATT Easement 5 EXhibitf. "A„ LEGAL DESCP I PT I ON : Con -lance at the Southwest Corner of the Northwesti'Quarter of Section 22,Township 54 South, Range 41 Eost, Mlomi-Dode County, Florido; Thence North 00' 00' 00 Eost (Due North)1for 63.i0 teet to•o point; Thence of right angle to the lost described course, North 90'00'00" Eost(Due East) for 30.00 'feet ;Thence North 38'42'00" Eost along a line porollel wit1 and 44.00 feet Southwesterly of, as measured at right angle to the Northwesterly line of 'Tract A" DINNER KEY, os recorded In Plat Boob 34, at page 2, of the Public Records of Miami-Dode County,Florida, for 922.70 feet to o point on the next described curve, said point B oring North 90' 14'38" Eost from the Rodius point of sold curve; Thence South and Southeos erly ills of 45.07 feet along o circular curve to the right, concave to the Southwest, hovtng a rod, and a centrol angle of 39'03'58' for an arc distance of 30.73 feetto o point of Tangency ; Thence South 30'41'24" East along the Easterly line of Said "Tract.A" DINNER KEY, according to the Plat thereof as recorded in Plot Book 34, at Page 2, of the Public Records of Miami -Dade County, Florida for 196.76 feet to a point of curvature; Thence Southeasterly along a circular curve Lo the left, concave to t•he Northeast, having a Rodius of 851.28 Feet on o centrol angle of'44'37'39" for en arc of 66.42 feet to a point. of Tangency; Thence South 75'19'03' East for 12.27 feet;Thence South 15'12'57'West for 267.44 feet; Thence South 44'22'00 East for 342,91 feet; Thence South 87' 54'15"West for 182.30 feet;Thence oulh 43'47'00" East for 399.97 feet; Thence South 45' 29'25" West to 385.78 feet;Thence North 43'47'00" West for 235.56 feet; Thence South 45'23'S1"West for 525;.96 feet; thence North 44'36'09" West for 89.88 feet to the Point of Beginning of the hereinafter described Parcel of Land; Thence North 58'10'11." West for 34.02 feet; Thence North 311'49'52" Eost for 13.60 feet; Thence North 09'59'24" West for 28.71 feet; Thence North 58'10'11" West for 58.79 feet; Thence North 31'05'03" West for 239.38 feet; Thence South 57'36'37':' East for 164.64 feet; Thence North 53'44'42" Eost 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" Eost for 10.00 feet; Thence South 45'24'17" West far 30.01 feet; Thence North 44'35'43" West for 6.36 feet; TFpence South 53'44'51' West for 82.27 feet; Thence North 57'36'32" West for 159.56feet.; thhence South 31'04'43" West for 209.23 feet; Thence South 58'10'11" East for 97;.15 feet;Thence South 31'49'52':West for'50.00 feet to the Point of Beginning. Containing 0.2401 acres more or less or. i 0-4.62 , 7,0.0 s.q.u...:.e..- y rno r e o; I es.s_.;..... _.... -. • GENERAL NOTES: OWNERSHIP IS SUBJECT TO OPINION OF TITLE. EXAMINATION OF THE ABSTRACT OF TITLE WILL HAVE TO BE MADE TO DETERIvflNE LOCATION AND IDENTIFICATION OF UTILITIES ON AND/OR ADJACENT TO THE RECORDED INSTRUMENTS, IF ANY, AFFECTING THIS PROPERTY. NO SEARCH OF PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR ACCURACY PROPERTY WERE NOT SECURED AS SUCH INFORMATION WAS NOT REQUESTED. THIS CERTIFICATION IS ONLY FOR THE LANDS I A5 DESCRIBED. 11' IS NOT A CERTIFICATION OF TITLE,ZONING, EASEIvIENTS,OR I FRREDQM FROM. ENCUMBRANCES. AND/OR OMISSIONS. I 1-IEREBY CERTIFY• 111ALTHF Sllf_VEY nF THE ABOVE-CAR.TT.ONED PROP-ER3_T5 WAS COMPLETED UNDER MY RESPONSIBLE CHARGE 1 AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA,. BQARQ OF PROFESSION- AL LAND SURVEYORS IN CHAPTER 5J-17 , FLORIDA,ADMINISTRATIVE CODE, PURSUANT TO SECTION 4;72.027, FLORIDA STATUTES. THERE MAY BE ADDITIONAL RESTRICTIONS AND DEDICATIOf•Ig THAT ARE NOT SHOWN Dhl THIS SURVEY AND MAY BE FOUND IN THE PUBLIC :RECPRD;S OF THIS COUNTY. REFER-ENCE (oft BEARINE: 4SSUMED NORTH BASED ON A BE` RING OF AN ASSUMED MERIDIAN -OR RIGHT-OF-WAY LINE AS SHOWN UPON OUR BOUNDARY SURVEY, r-;IC QACC r1C DCnoinln ,n ., tinnunir.rrrn ,,,r SYMBOL LESEND G CENTER LIME POWER POLE 0•OAK TREE LICHT POLE sroPP) STOP SICI' -I fRE-F'�FP2AN-T WATER VA- VE SIGN OELLSOUTI- 50X \VA.TER METER PALM MAIL 50X TREE CHAIN FENCE R/W=RICHTOFKVAY • 6' w c i n l l <v (� I 01r. L'i.l PSI ]wu � 2:p iac:i'ba4 SIS8 f .s,�'' r411 : F3 5556 SEE I:DE I AIL Fv. blsclLobel PSIi 35301 hf SO. Noll & bro3e1 ❑leo Label PSII 35.30 ti5 4t.4 G� Found liol DIso Lobe S bross P51•i 3530 6 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 IIl. 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 forbodily 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 berated 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. Th ACCPE t� CERTIFICATE OF LIABILITY INSURANCE (M M/DDI1'YYY) DATE ATEIMD12 THIS TIFICATE 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. 701 Market Street, Suite 1100 SL Louis, MO 63101 Attn: ATT.CenRegUest@marsh.com 018566-GAW-Cen-12-13 X CONTACT NAME: PHONE FAX (AIC• Nn. Fxe; (AJC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC a` INSURER A : Old Repubir Insurance Co 24147 INSURED BellSouth Telecommunicalions, U.0 One AT&T Plaza 208 South Akard, Room 2731 Dallas, TX 75202 - INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : - InnR tz • REVISION NUMBER:7 I. V VG (VA 1.O,.J vim.,., ,, ...r„ .—........-�... 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. IN LTR I TYPE OF INSURANCE ADOLJSUBR INOS IWVD POLICY NUMBER POLICY EFF IMM/DD/YYYYI I POLICY EXP I (MM/OD/YYYY) LIMITS A GENERAL LIABILITY MWZX26690 06/01/2012 06/01/2013 EACH OCCURRENCE s 15,000,000 X LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) S N/A COMMERCIAL GENERAL I X J OCCUR MED EXP (Any one person) $ N/A X CLAIMS -MADE Excess General Liability PERSONAL &ADV INJURY S 15,000,000 X $10,000,000 SIR Applies GENERAL AGGREGATE 5 15,000,000 PER: PRODUCTS - COMP/OP AGG $ 15,000,000 GEN'L AGGREGATE LIMIT APPLIES POLICY I PR O I 1 LOC S A AUTOMOBILE LIABILITY MWLX 26727 06/01/2012 06/01/2013 COMBINED SINGLE LIMIT (Ea accident) 5 15,000,000 BODILY INJURY (Per person) $ • A ANY AUTO ALL OWNED 7 SCHEDULED ^ fr' 1" - y l'• ' a,� BODILY INJURY (Per accident) 5 - --- A AUTOS Os N=D NON -OWNED (-,, C.;'-\'I ' '-1 l t ,; • ' 1 / PROPcRTY DAMAGE (Per accident) S X H HIRED AUTOS XS AUTO AUTOS AUTOS �{ \��' Ij �i �-� In._ / I �1 : SIR 10,000,000 UMBRELLA LIAR EACH OCCURRENCE 5 EXCESS LIAR O OCCUR CLAIMS -MADE AGGREGATE 5 DED I I RETENTION s S A WORKERS COMPENSATION MWC 117464 00 06/01/2 12 06/01/2013 X I wc TORY fJ STATU- I TFR AND EMPLOYERS' LIABILITY Y / N E.L.EACH ACCIDENT 1,000,000 $ ANY PROPRIETOR/PARTNER/EXECUTIVE I N OFFICER/MEMBER EXCLUDED? In NH) NIA ❑ c^ .L DISEASE -EA EMPLOYEE 5 1,000,000 (Mandatory If yes, describe under DESCRIPTION OF OPERATIONS below 1 E.L. DISEASE -POLICY LIMIT $ 1,000,000 A Excess Workers Comp. See Additional Information 06/01/2012 06/01/2013 EL Each Accident / EL Disease 1,000,000 EL Disease - Policy Limit 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: In connection with installation activities under easement granted by Certificate Holder to BellSouth Telecommunications, LLC. d(o/a AT&T Florida in/about December 2011 for easement area al 3500 Pan American Drive. The General Liability and Automobile Liability policies described herein apply excess of the self -insured retentions listed. Ceditcate Holder is included as an Additional Insured under the General Liability and Automobile Liability policies but only with respect to the requirements of the contract between the Certificate Holder and the Insured. CERTIFICATE HOLDER CANCELLATION City of Miami Dept. of Public Facilities/Asset Management Attn: Barbara Robinson 444 S.W. 2nd Avenue, 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 ACORD 25 (2010/05) 0198B-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACOR®® AGENCY CUSTOM=_RID: 018566 Loc #: St. Louis ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Marsh USA Inc. POLICY NUMBER CARRIER NAIC CODE NAMED INSURED BellSouth Telecommunications, LLC One AT&T Plaza 208 South Akard, Room 2731 Dallas, TX 75202 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A. SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability insurance WORKERS' COMPENSATION SELF INSURED LIMITS OH • 5100,000,000 WA • 5100,000,000 EXCESS WORKERS' COMPENSATION AND EMPLOYERS' UABIUTY 01d Republic Insurance Company MWXS 973 (OH -WA) . Tenn: 6/1 /12.6/1/13 Coverage evidenced applies to Specified Subsidiaries of AT&T Inc.: Pacific Bell Telephone Company, Nevada Bell Telephone Company, Soulhwestem Bell Telephone Company, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Michigan Bell Telephone Company, The Ohio Bell Telephone Company, Wisconsin Bell, Inc., Tne Southern New England Telephone Company end BellSouth Telecommunications, LLC. is, ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD