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Exhibit A - Grant of Easement
This Instrument Prepared by and following recording Please return to Company: City of Miami Office of the City Attorney Victoria Mendez, City Attorney Address: 444 Southwest 2" d Avenue, Suite 945 Miami, Florida, 33130-1910 GRANT OF EASEMENT TIIIS INDENTURE, made this day of , 2015, 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 ($1.0.00) and other good and valuable consideration, 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 lying 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. Subject to the limitations of Section 768.28, Florida Statutes, 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 andallowed 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 their negligent acts or omissions of the contractor and its subcontractors in connection with any activities undertaken on the Easement and (2) obtain and provide to GRANTOR a certificate of insurance in accordance to EXHIBIT "B" attached hereto. 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 adjacentproperty as a result of the installation and future operation of the FACILITIES, and further, shall restore asphalt pavement, concrete sidewalks, curb and gutter, and grass and landscaping to a condition to be the same or better than the existing condition. 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 2 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) andshall 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), returnreceipt requested, or sent by any form of overnight mail, addressed to: TO GRANTEE: Miami -Dade County Director 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 R.eal Estate and Asset Management 444 SW 2 Avenue, Suite 325 Miami, FL 33130 3 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 telecornmunicated if by telegraph; (3) on the date of transmissionwith 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 Co 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. [Signatures appear on next page] 4 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 By: Daniel J. Alfonso City Manager ATTEST: Todd. B. Hannon City Clerk APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney Ann Marie Sharpe, Risk Management Director Risk Management Department 5 SKEC T f-I OF LEGAL DESCRIP 7"I aN WATER EASEMENT EXHIBIT "A" A portion of land In the NE, %, Section 22, Township 54 South, Range 41 East City of Miami, Miami -Dade County, Florida, For: DINNER KEY MARINA Address: 3500 PAN AMERICAN DRIVE, NIAMI, FL 33133 LEGAL DESCRIPTION OF A WATER EASEMENT LOCATED IN THE W, %p OF SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE COUNTY, FLORIDA, ALSO BEING A PART OF TRACT "A" OF "DINNER KEY" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 34 PAGE 2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST; MIAMI DADE COUNTY, FLORIDA; THENCE NORTH 00°00'00" EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST FOR A DISTANCE OF 63,10 FEET TO A POINT; THENCE AT RIGHT ANGLE TO THE LAST DESCRIBED COURSE, NORTH 90°00'00" EAST FOR 30,00 FEET TO A POINT ON THE WEST BOUNDARY LINE OF TRACT "A"; SAID POINT ALSO BEING ON A LINE 30 FEET EAST OF AND PARALLEL, TO THE WEST LINE OF SAID NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST TRACT "A" OF 'DINNER KEY" ACCORDING TO T/'/E PLAT THEREOF AS RECORDED /N PLAT BOOK 34 PAGE 2 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 00°00'00" EAST ON AND ALONG A LINE 30 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST, ALSO BEING THE WEST PROPERTY LINE OF TRACT "A", FORA DISTANCE OF 133.58 FEET; THENCE SOUTH 12°55'00" EAST ON AND ALONG THE BOUNDARY LINE OF SAID TRACT "A" FOR 37971 FEET; THENCE SOUTH 88°52'02" EAST ON AND ALONG THE BOUNDARY LINE OF SAID TRACT "A" FOR 8,55 FEET; THENCE SOUTH 44°20'34" EAST ON AND ALONG THE BOUNDARY LINE OF SAID TRACT 'A" FOR 528,19 FEET; THENCE NORTH 45°23'51" EAST ON AND ALONG THE BOUNDARY LINE OF SAID TRACT "A" FOR 242,54 FEET; THENCE NORTH 44°36'09" WEST FOR 80.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED WATER EASEMENT, THENCE NORTH 45°23"51" EAST FOR 12,00 FEET; THENCE NORTH 44°36'09" WEST FOR 14,00 FEET; THENCE SOUTH 45°23'51" WEST FOR 12,00 FEET; THENCE SOUTH 44 °36'09" EAST FOR 14,00 FEET TO THE POINT OF BEGINNING, CONTAINING 164 Sq, Ft, +/.. Note: RENEAIGCUESVIVES PROFESSIONAL SURVEYOR AND MAPPER No, 4327 STATE OF FLORIDA, - This Sketch is not a Boundary Survey. Folio No, 01--4122--002-0010 Not valid unless It bears the signature and the orrofnal raised seal of Florida licensed Surveyor and Rapper. DATE: 12/19/P0/4 Alvarez, Alguesvlves and Associates, Inc. Surveyors'Mappers'Land Planners 5701 S.W, 107° Avenue, Suite 204 Ulamf, FL 83173 Phone: 305. 220, 2424 Fax.' 305, 552, f11©1 L.B. No, 6867/E-ma1R aaasurvey@aol,com PAGE 1 OF2 JOB Na 14 - 17289 SKECTH OF LEGAL DESCRIPTION cYS WATER EASEMENT EXHIBIT "A" A portion of land in the NE, 4, Section 22, Township 54 South, Range 41 East City of Miami, Miami -Dade County, Florida, For: DINNER KEY MARINA Address; 3500 PAN AMERICAN DRIVE, MIAMI, FL 33133 / // / // / /< / / \ ,/�/ N / /// rN90°00'00'E 30.00' SOO°00'00°E 133,58' ABBREVIA T10NSr P D C. = Denotes Point of Commencement, P.U.B.: Denotes Point of Beginning. AREO u �..yt 4.;. /,. // / ,, f �, N o ,---;:-.:(P),//-: N. sS sq9,� \` ) /g �6°9'Cl'X %��'/ Ce/ ),,20 o S(D'oy6 /K / • `, y� f(�lI 11 l / /� % ti 1 I \ \ ` i� �°/ K. 117..\\\ \ / /v. / Q Q 0 ' ��N. „(1, / J�1 1 I-n- \ \ \ \/ ,� \� ro3 C ' '' <\\\ / j / \�v� a" �\ \ x • S12°55'00"E 879.71' 1 1 \ `A`' / / /`O O Y//'`t\\ 1 K 88°52'02°E 8,55' _ .�_-- - --� - ------ -�'`d% ��,' \� 40 ,%%/ r //-\/ �i // / \ _ 41-._ ,. / \ /�% Xve° \ o \ I I ,/)1/ /o / /\/ 7/ / `�,5\ \ \ \ t$ 1'/ /so\ / / '` // / \/l \ I ' '' /K \ r /\/' BISCAYNE BAY \ I'// ,1�' RE IGUESVIVES PROFESSIONAL SURVEYOR AND MAPPER No. 4327 STATE OFFLORIDA, 0 30 60 1 "-1 SCALIIIN 1 Egi' 1^-40' Noto: Folio No, - This Sketch Is not a Boundary Survey. 0/-4122-002-0010 Not valid unless It bears the signature and the original raised seal of Florida licensed Surveyor and 4/appar, DATE/ 12/19/2014 Alvarez, AlguesvIves and Associates, Inc, Surveyors•Mappers•Land Planners 5701 S. W, 107s' Avenue, Suite 204 Miami, FL 33173 Phone: 305.220.2424 Fax: 305.552, 8101 L.B. No. 6667 / E-mall: aaasurvey®aol. com PAGE2OF2 JOBA§ 14-17289 EXHIBIT B INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE- GRANT OF EASEMENT MIAMI DADE COUNTY I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $1,000,000 B. Endorsements Required City of Miami & Miami Dade County listed as an additional insured Contingent and Contractual Exposures Premises/Operations Liability Explosion, Collapse and Underground Hazard Primary and Non Contributory 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 & Miami Dade County listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of subrogation 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 V. Umbrella/Excess Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 Aggregate $ 1,000,000 City of Miami & Miami Dade County listed as an additional insured Excess Form over all liability policies included herein The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. 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.