HomeMy WebLinkAboutExhibit BPrepared by and return recorded copy to:
City of Miami Department of Resilience and Public Works
Attention: Director, Alan M. Dodd, P.E.
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130-1910
Location: 2260 NW 1st Court, Miami, FL, 33127 Folio
No.: 01-3125-049-0010
Area Reserved for Recording
PERPETUAL SIDEWALK EASEMENT
THIS PERPETUAL SIDEWALK EASEMENT made this day of
, 2020 by Florida Power & Light Company, a Florida corporation
("Grantor"), whose address is 700 Universe Boulevard, Juno Beach, Florida 33408, to the City
of Miami, a Florida municipal c orporation ("Grantee"), whose address is 444 SW 2nd Avenue,
Miami, Florida 33130.
WHEREAS, Grantor is the owner of fee simple title in and to that certain real property
more particularly described on attached Exhibit "A" (the "Easement Area").
WITNESSETH, that Grantor for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration paid, the receipt and sufficiency of which is
hereby acknowledged, hereby grants unto Grantee, its successors and assigns, for the benefit of
the public a perpetual non-exclusive public sidewalk easement for a public pathway for use by
pedestrians solely for ingress and egress over and upon, and with full authority to enter upon, the
portion of the sidewalk lying within the Easement Area.
TO HAVE AND TO HOLD the same unto said Grantee, its successors and assigns
forever.
RIGHTS GRANTED TO THE GRANTEE, Grantee shall have the right of usage and
enjoyment of the Easement Area for the benefit of the public, a public pathway for use by
pedestrians solely for ingress and egress over and upon, and with full authority to enter upon, the
portion of the sidewalk lying within the Easement Area.
Grantor shall construct and maintain sidewalk within the Easement Area in good
condition and repair, and clear and keep clear all trees, undergrowth, and other obstructions
that interfere with normal pedestrian ingress and egress upon the Easement Area, out of and
away from the Easement Area.
Grantee hereby agrees not to build, place, construct or create, nor permit others to build,
place, construct or create, any buildings, improvements or other structures whatsoever within the
Easement Area, including without limitation, benches, bike racks, signs, trash cans or other similar
items; nor shall Grantee construct, or cause any construction, of any vertical improvements
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whatsoever within the Easement Area.
Grantor hereby reserves all rights of ownership in and to the Easement Area and does keep,
save, preserve, maintain, and reserve unto Grantor and to each and all of Grantor' s successors and
assigns, all of Grantor's rights and interests in and to the Easement Area, including, without
limitation, the right to grant further easements over, upon, across, through, within and under the
surface of the Easement Area and the right to use the Easement Area for all uses whatsoever,
provided such other easements and uses do not interfere with Grantee's use of the Easement Area
as granted hereby.
Grantee understands and agrees that the Easement Area, along with Grantor's adjoining real
property is and will continue to be utilized and operated by Grantor and there exists risk of injury
to persons, including Grantee and the public, and damage to Easement Area associated with
Grantor's use of the Easement Area. Grantee agrees to use the Easement Area only for the purposes
stated herein, and to accept and exercise all of its rights, privileges, covenants, promises,
requirements, obligations and duties granted herein at Grantee's sole risk and expense and with no
liability or expense to Grantor.
Grantee understands and agrees that Grantee' s use of the Easement Area is and always shall
be on an "as is" basis and that Grantor, along with its parent, subsidiaries, affiliates and each of
their respective officers, directors, employees, and agents (individually and collectively, "Grantor
Entities") does not in any way make, offer, extend, deliver, give or provide unto Grantee or any
other person or entity, any form of explicit or implied warranty, guarantee, promise, commitment,
or representation concerning the safety, condition, quality or fitness of the Easement Area for any
use or purpose.
Grantee, as a municipal corporation, self -insures per the included "Exhibit B".
Grantee, for itself and its affiliates, officers, directors, shareholders, members employees,
heirs, successors, transferees and assigns, hereby agrees not to sue and not to seek reimbursement
from Grantor, or Grantor Entities for any claims, demands or causes of action brought pursuant to
applicable law by any third party including governmental entities and agencies (including without
limitation first and third party claims for personal injury or real or personal property damage)
judgments, damages, punitive damages, penalties, fines, costs, liabilities (including sums paid in
settlement of claims), interest or losses including attorneys' fees (including any fees and expenses
incurred in enforcing this covenant), consultant fees and expert fees that arise directly or indirectly
from or in connection with Grantee' s use of the Easement Area. This section shall survive
expiration or termination of this easement coextensively with other surviving provisions of this
easement.
The Easement Area are to be used solely for the purposes stated herein. Grantee shall not
be permitted to use the Easement Area for any other use whatsoever.
This easement shall be binding upon successors and assigns, personal representatives, heirs,
executors, and administrators, of the parties hereto. This easement will be construed under the laws
of the State of Florida. Venue in any action or proceeding between the parties arising out of this
easement shall be in Miami -Dade County, Florida.
This easement may be executed in any number of counterparts, each of which so executed
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shall be deemed to be an original, and such counterparts shall together constitute but one and the
same easement. The Grantor and Grantee shall be entitled to sign and transmit an electronic
signature of this easement (whether by facsimile, PDF, or other e-mail transmission), which
signature shall be binding on the party whose name is contained therein.
Each party' s representative below is hereby authorized and directed to execute this perpetual
easement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, Grantor and Grantee have caused this easement to be executed,
acknowledged and delivered, all as of the Effective Date.
Signed, sealed and delivered GRANTOR:
in the presence of:
Florida Power & Light Company,
a Florida corporation
Signature: By:
Print Name: Name:
Title:
Signature:
Print Name:
ACKNOWLEDGMENT
STATE OF FLORIDA
SS:
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of ❑ physical presence
or ❑ online notarization, this day of
, 2020, by
, as of Florida
Power & Light Company, a Florida corporation, on behalf of the corporation.
[NOTARIAL SEAL] Notary:
Print Name:
Notary Public, State of Florida
My commission expires:
❑ Personally Known OR ❑ Produced Identification
Type of Identification Produced
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CITY OF MIAMI, a municipal
ATTEST: corporation of the State of Florida
By:
Todd B. Hannon, City Clerk Arthur Noriega, V, City
Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO
INSURANCE CORRECTNESS: REQUIREMENTS:
By:
Victoria Mendez, City Attorney Ann -Marie Sharpe,
Director
Risk Management Department
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Exhibit "A"
Easement Area
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Exhibit B
Grantee Self -Insurance
MY OF MIAMI
's CERTIFICATE OF SELF INSURANCE CO\ TRACE
INSURED:
CITY OF MANE. APOLITICAL SLIBIN'iianoN OF THE ST ATI, aDF FLORLT-.1_
EMPLOYEES. AGENTS AND OFFICIALS
Oc:oter
u
SELF lhISL: RED kVLISFACI: arg•
This Cerrese isrmerl as master ef informal:int ea& mud reefers an nem wean rhe CersifiCEE15 Holden This Cia1ificese CIEIMI RIK amead, /Mead. Ear
alrea the curare s {Iff dearust. frordad br eke self-ustu-soceiIKZ 1:1•111.11%
Type Of COVETilge
Effective
Date
Embalion
Date
Limits of Liability - in Thouiands
TU-1L LIABILITY
Until
came:ad
Cr
revoked
Bodily Injuy.
Property Damage
Personal Injury
Combined
S130 pu Claimam S3 .7;0
Der OCCIIIeLZe
Self-Iimured im accordance with. S. F.S.
l'.-. Comprekensive
l.-. Piati.i'a Opaations
Pruduc. C Dinieted Opeiations
-..-. lndepanclen: .:DLtactom
:Iv. Broad Form Property Damage
Persona Ininn.
I.-. Errors 5: Onausions
:..-m-‘.-_.:1-- EL- liS-- -TY
10 1 9,^,
Tjata
canceled
CZ'
revoked
3o Lily Injuay
Property Damage
Combined
$200 pet Claimaat $ 3ao
per OCCIIIIEDCE
Self -Insured in accordance with K.70.10 .F.S:
.:c_m
() Ail Domed Autos
(Private PiabhilgEE Autos)
() All Domed Autos
(Other than private Passen°E:::
(3E) Hired Autos
(3E) Nan Owned Autos
WORKERS COMPENSATION A.'..T.:
1 : I 1,..
Laid
canceled cr
revoked
11.'0 2-aL117.07 Lilts - Florida
Self-Irmured ia accordance 'with. S.440 LS.
U'LOYERS LIABILITY
EL diNKET DISHONESTY BOND
104.W
Until
canceled. cr
revoked
S25 Per Dzcorecce
Self-Imured ia accordance rith. S.768.28 F.I
Mx'dling faithful perfoximore,
piney& securities & iblasitars
feagell'a
DESCRIPTION OF OPERATIONS LOCATIONS VEBICLES:SPECIAL1TE1
:
Re: SIDEWALK EASEMENT
CAIZCELLATICKnonid eny of the aloe described
ccvaia. te cancelled lichre the =dation &eine; the Lk511i132 Chviiill endeavor to mail 10 clava
io Emil 2 IX13 no -ice 4,211. impose no ohlianion, or liabilitv gam:kind itpois the City na aaerna. iir
mitten write to the Certificate Hakim' =ad, tot Mame
rooresenialiv.
Florida Polva .&. Light
Attn.: Matt Silver
700 Llivelse Blvd- E2C.OB
Juno Beacla., FL 3340E
FRANK GO1v1EZ
Frar_k GOMEZ
Property Si Caah airy ManagevArm. Marie Shaipe. Director of
Risk Management
RikMunn: De pariniur., .4-1 SW 2 Ave. Miami, FL 33130 (305) 416-1740
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