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HomeMy WebLinkAboutExhibitThis 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 2nd Avenue, Suite 945 Miami, Florida, 33130-1910 GRANT OF EASEMENT THIS INDENTURE, made this day of , 2018, between THE CITY OF MIAMI, a municipal corporation of the State of Florida, (hereinafter called "GRANTOR"), and BELLSOUTH TELECOMMUNICATIONS, LLC a Georgia limited liability company, d/b/a AT&T FLORIDA, its licensees, agents, successors and assigns, hereinafter called ("GRANTEE"); WITNESSETH: THAT the GRANTOR, for and in consideration of the sum of TEN DOLLARS ($10.00) 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 an approximately TEN (10) foot wide strip perpetual, non-exclusive easement on the property of the GRANTOR, shown and described on EXHIBIT "A" attached hereto and made a part hereof, (hereinafter called the "PROPERTIES" or "EASEMENT") to construct, operate, maintain, add and/or remove such systems of communication, facilities, stand-by generators and associated fuel supply systems as a means of providing uninterrupted service during commercial power outages, with all wiring, cable, or conduits to be placed underground, with the right to reconstruct, improve, change the voltage and remove such facilities or any of them within the EASEMENT, (hereinafter called the "FACILITIES"), with full right of ingress thereto and egress therefrom; 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. The GRANTEE agrees to indemnify, defend and hold harmless the GRANTOR from all and against all suits, claims, judgements, and all loss, damage, costs, attorney's 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. 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 adjacent property 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 2 or if the GRANTEE does not comply with any term, covenant or condition of this 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. The execution and recordation of this EASEMENT will terminate the previous EASEMENT recorded with Miami -Dade County Clerk's Office under Book 22260 Page 1198. 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: BellSouth Telecommunications, LLC a Georgia limited liability company, d/b/a AT&T Florida 675 W Peachtree St NW Atlanta, GA 30308 TO GRANTOR: CITY OF MIAMI City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 3 WITH COPIES TO: City of Miami City Attorney 444 SW 2 Avenue, Suite 945 Miami, FL 33130 City of Miami Director of Real Estate and Asset Management 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. 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: Emilio T. Gonzalez 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 ti a SKETCH TO ACCOMPANY LEGAL DESCRIPTION 0 FOOT COMMUNICATION EASEMENT Pcp Q P 0 • 44i,) 35' SCALE ,Q \\ / ck co. c 1 1 i tis Q / \09 G 9 S y \o / QQ I Ks, �F 2F FO yo 2F9� .c\ / V h� / sz O << v `!y 6'�- / � -f- G -9 O Q � / \\ `o y� J),48, 'Lo / �O ,off � ��P moo›,?1 ti pQ / \\\\`9� tip, // � ilk• N5 59' 17'E 4 \ \\ 10.00' \ \ \ \ \ \ \ c* \ , o.. s (P.B. 34, PG 2) •,!` O2. g 6 .. his ��sz. • 1 S�.• S F F ti \ Q- 1- l G tica. of �� l�O `�j`. \ � .� �F .�F 2�F \F +,<. �o�o �l g. 2� -9� o F<< "s� y2-929 �GJ. �0/0. ca �oo-v-, s�F 9s o 9 c0 0�y�� �j Cj� 00 -V2` '0� 2� c� 9 0,9,E <O O A PORTION OF TRACT 'A " DINNER KEY (P.B. 34, PG. 2) 1 '=70' l\ NORTHWEST CORNER�y'L�c. \ TRACT A" • F F DINNER KEY "92 �s �o s- 2� •�0. cD s h In ti . 0,� 7o' POINT OF BEGINNING 9� OF 49,467. 34 pG 2 J y4RT y0U`SE OR///e. LEGEND: P.B. PG. LM DENOTES PLAT BOOK DENOTES PAGE DENOTES MONUMENT LINE DENOTES CENTER LINE DENOTES SUBJECT PARCEL SHEET 1 OF 2 SHEETS vi, LAND SURVEYORS -ENGINEERS -LAND PLANNERS )240 C°ORPORA'Tf`+WAYf ll AMAR, TFL _33025 AX No. _ (94i438-32 PREPAREDLE PHONE No.(954)435-7010 ORDER NO. 208233 DATE: FEBRUARY 26, 2018 THIS IS NOT A "BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 tJ MARK STEVE`J�+,JDN/VSG�N;•, ; ,' JPA1--� ' FLORIDA PROFE33(19JJAL• LAt1D • StJR ;`► 4775 REVISIONS K:\225441\DINNER KEY -SPECIFIC PURPOSE SURVEY\ SURVEY\ DWG\BACKGROUND FOR MPA ATT EASEMFgf T. Exhibit "A" LEGAL DESCRIPTION TO ACCOMPANY SKETCH 10 FOOT COMMUNI CA T/ON EASEMENT A 10 FOOT WIDE STRIP OF LAND BEING A PORTION 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 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CITY MONUMENT LINES OF SW 27TH AVENUE AND SOUTH BAYSHORE DRIVE AS SHOWN ON SAID PLAT OF DINNER KEY; THENCE NORTH 38 DEGREES 10 MINUTES 31 SECONDS EAST, ALONG THE MONUMENT LINE OF SAID BAYSHORE DRIVE, FOR A DISTANCE OF 581.72 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF PAN AMERICAN DRIVE, SAID CENTERLINE BEING A LINE ESTABLISHED BETWEEN SAID POINT AND THAT CERTAIN U. S. C. & G. S. MONUMENT LOCATED AT THE ROOF OF THE CITY OF MIAMI HALL BUILDING, AS SHOWN ON THAT SPECIFIC PURPOSE SURVEY "DINNER KEY MARINA AREA" PREPARED BY FERNANDO GA TELL DATED MARCH 3, 2000, THENCE SOUTH 44 DEGREES 34 MINUTES 37 SECONDS EAST ALONG SAID CENTERLINE FOR A DISTANCE OF 33.27 FEET TO A POINT OF INTERSECTION WITH THE NORTHWESTERLY LINE OF SAID TRACT °A", SAID POINT LYING N 38' 10'31 °E OF, AND 562.74 FEET DISTANT FROM, THE NORTHWEST CONER OF SAID TRACT "A'; THENCE CONTINUE SOUTH 44 DEGREES 34 MINUTES 37 SECONDS EAST ALONG SAID CENTERLINE FORA DISTANCE OF 571.06 FEET TO A POINT; THENCE NORTH 14 DEGREES 39 MINUTES 58 SECONDS EAST, FOR 28.33 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID PAN AMERICAN DRIVE AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED EASEMENT. THENCE RUN NORTH 40 DEGREES 59 MINUTES 42 SECONDS WEST, ALONG SAID NORTHEASTERLY RIGHT OF WAY OF PAN AMERICAN DRIVE, FOR 12. 11 FEET TO A POINT; THENCE NORTH 14 DEGREES 39 MINUTES 58 SECONDS EAST, FOR 344.26 FEET; THENCE NORTH 31 DEGREES' 00 MINUTES 43 SF('nA/n" WFST FnR 1 99 FFFT• THFA/rF AInRTI-/ SR T)F(_'RFFc SG A,l/AIIITFc 17 crrnnlnc PACT rnp in nn FEET• THENCE SOUTH 31 DEGREES 00 MINUTES 43 SECONDS EAST, FOR 138. 13 FEET; THENCE SOUTH 14 DEGREES 39 MINUTES 58 SECONDS WEST, FOR 355.30 FEET TO THE POINT OF BEGINNING. LYING AND BEING IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI-DADE. NOTES: 1) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2) THIS SKETCH HAS BEEN PREPARED FOR THE EXCL US/ VE USE OF THE EN TI TY (EN TI TIES) NAMED HEREON ONLY. THE A TTACHED CERTIFICATION DOES NOT EXTEND TO ANY UNNAMED PAR TIES. ,S) UKDEKLL) SSY.' MIAMI PAKKING AUIHURIIY SHEET 2 OF 2 SHEETS S - Sitiakia& Ataadiate4, t 0to. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 240 CORPORATE WAY-fMIRAMAR; FL 33025 PHONE No.(954)435-7010 AX No. (954)438-3288, ORDER NO. 208233 PREPARED UNDE DATE• FEBRUARY 26, 2018 THIS IS NOT A "BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 MARK STEVEN JOHNSON, , PI7!NCIpAL FLORIDA PROI SrSIONAL,'j�4ND SURVEYOR No. 4775 REVISIONS K:\225441\DINNER KEY -SPECIFIC PURPOSE SURVEY\SURVEY\DWG\BACKGROUND FOR MPA ATT EASEMENT.dwg EXHIBIT B INSURANCE REQUIREMENTS ACCESS AND INDEMNIFICATION AGREEMENT BELLSOUTH TELECOMMUNICATIONS, LLC a Georgia limited liability company, d/b/a AT&T FLORIDA 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 listed as an additional insured Contingent Liability & Contractual Liability Premises & Operations Liability Primary Insurance Clause Endorsement Explosion, Collapse, and Underground Hazard II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto/Owned Autos/Scheduled Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami listed 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 Liability (Excess Follow Form) A. Limits of Liability Each Occurrence $2,000,000 Policy Aggregate $2,000,000 The City of Miami listed as an additional insured Umbrella is excess follow form over all applicable liability policies Contained 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, or 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.