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 , 2020, 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
($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 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, reconstruct, lay, install, operate, maintain, relocate, repair,
replace, improve, remove and inspect water transmission and distribution facilities and all
appurtenances thereto, including but not limited to, fire hydrants, and/or sewage
transmission and collection facilities and all appurtenant equipment, which right,
privilege and easement shall include the right to remove or demolish, with no obligation
to repair or replace same, any obstructions placed on the easement, including pavers, or
that may extend up to twenty-five (25) feet vertically above the finished grade over the
easement, as may be necessary to carry out any right granted herein, 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
and allowed 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 adjacent property as
a result of the installation and future operation of the FACILITIES, and further, shall
2
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
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) 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:
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
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:
Arthur Noriega V
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
IJEGEND:
NOTE S:
EXIIIIBIT "A"
CR VF BAY PARKJNG GARAGI
MIAMMI'ADE 'WATER EASEMENT
FOLIO # 1-4122-002-001v
EIW-2016-144
AGREEMENT' ID# 22900
9CC1ION 22, TOWNSHIP51 SOUTH, RANGE 41 EAST
MIAMI-DADE 'COUNTY, 'FLORIDA
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20115-144
6
GROVE .BAY PARKING GA
MIAMI-#ADE WATER EASEMENT
IFOLJO # 01-41224502-0010
CW-20115-144
AGREEMENT 100 24,09
SECTION 22, TOIANS1-IIE 54 .SOUTH„ RANGE 41 EAST
MIAMI-DADE. COUIN"re FLORIDA.
GE
A PORTION OF TRACT "A's OF A DINNER KEY, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 34, PAGE 2 OF PUBLIC RECORDS OF MIAMI-DADE COUNTY,
FLORIDA AND MORE PARTICULARLY DESCRIBE,D AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE CITY MONUMENT LINES OF SW. 27TH
AVENUE WITH SOUTH 'BAYSHORE DRIVE AS SHOWN ON SAID PLAT OF DINNER KEY,
THENCE RUN NORTH 38 DEGREES 10 MINUTES 31 SECONDS EAST, ALONG THE
MONUMENT LINE OF SAID BAYSHORE DRIVE, FOR A DISTANCE OF 6,32.12 FEET TO A
POINT; THENCE RUN SOUTH 44 DEGREES 34 MINUTES 37 SECONDS EAST, ALONG THE,
NORTHWESTERLY EXTENSION OF THE HISTORIC RIGHT-OF-WAY LINE AS SHOWN ON
THAT BOUNDARY SURVEY 'DINNER KEY CONVENTION CENTER'S ADJACENT PARKING
LOT" PREPARED BY GOLD COAST ENGINEERING CONSULTANTS IINC„, DATED SEPTEMBER
30, 1999 (PER LEGAL PROVIDED), FOR A DISTANCE OF 77.62 FEET TO A POINT; THENCE
CONTINUE SOUTH 44 DEGREES 34 MINUTES 37 SECONDS FAST, FOR A DISTANCE OF
394.43 FEET TO A POINT; THENCE RUN NORTH 45 DEGREES 25 MINUTES 2:3 SECONDS
EAST, FOR A DISTANCE OF 1,54-12 FEET TO A POINT, ALSO THE 'WESTERLY LINE OF THE
EXISTING 15 WIDE WASD EASEMENT; THENCE RUN NORTH 15 DEGREES 08 MINUTES 57
SECONDS EAST, FOR A DISTANCE OF 32.55 FEET TO THE POINT OF BEGININIINI5 OF THE
FOLLOWING DESCRIBED WASO EASEMENT; 'THENCE CONTINUE,. INORTH 15 DEGREES 08
MINUTES 57 SECONDS FAST, FOR A DISTANCE OF 27,87 FEET TO A POINT; THENCE RUN
IORTH 7 DEGREES 51 MINUTES 03, SECONDS WEST, FOR A DISTANCE OF 9.00 FEET TO
A POINT; THENCE RUN SOUTH 15, DEGREES 08 MINUTES 57 SECONDS WEST, FOR A
DISTANCE OF 27,87 FEET TO A POINT; THENCE RUN SOUTH 74 DEGREES 51 MINUTES 03,
SECONDS EAST, FOR A DISTANCE OF 9.00 FEET TO THE POINT OF BEGINNING, ALSO THiE
POINT OF TERMINATION OF THE WASD EASEMENT„
THE: SIDE LINES OF THESE, EASEMENTS ARE TO BE SHORTENED OR. LENGTHENED „ SO AS
TO INTERSECT 'THE RELEVANT LOT, BLOCK, TRACT, BEA LDING, OR EASEMEN"T LINES,
SA4 PORTION OF LAND CONTAINING 251. SQUARE FEET OR 0.0058 ACRES MORE OR
LESS; LYING AND BEING IN SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF
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DATE 0.2-14-2020° SHEET
SCALIA5— SHOWN 2 of .31
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7
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..... . . . . .
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
H. 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
9
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
IV. 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.
10