Item C31
RESOLUTION NO._______-2015
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, REQUESTING THAT THE FLORIDA
DEPARTMENTOF TRANSPORTATION (FDOT)
CONVEY A PERPETUAL EASEMENT TO
MONROE COUNTY FOR THE PUBLIC
PURPOSE USE OF CONSTRUCTINGA
PEDESTRIAN BRIDGE OVER MARVIN D.
ADAMS WATERWAY IN KEY LARGO.
WHEREAS
, the COUNTY is designing and constructing a pedestrian bridge on
the FDOT right of way over Marvin D. Adams Waterway as part of the US1 Bayside
Shared Use Path Project; and
WHEREAS FDOT
,the has agreed that the COUNTY will have jurisdiction over
and maintain the pedestrian bridge # 909001,
the boundaries Legal Description
which is herein incorporated by reference; and
WHEREAS
, the COUNTY has agreed to supervise and inspect all aspects of
PROJECT construction and administration; and
WHEREAS
, FDOT will convey the easement at no cost to Monroe County if the
easement is used for public purposes; and
WHEREAS,
the parties are authorized to enter into this Agreement pursuant to
Section 339.08(e) and 339.12, Florida Statutes (F.S.);
NOW, THEREFORE, BE IT RESOLVED
by the Board of County
Commissioners of Monroe County, Florida, that:
SECTION 1: The Board of County Commissioners requests that the FDOT
convey a perpetual easement for parcel 800 as described in Exhibit A to Monroe
County for the purposes of construction, operation and maintenance of the
pedestrian bridge, and hereby authorizes the County Mayor to execute this
Resolution on behalf of Monroe County, with the right to exercise all provisions
contained within the perpetual easement.
SECTION 2: Uponexecution, this Resolution shall be effective upon approval
and conveyed to the FDOT to be made a part of the Perpetual Easement
Agreement.
This instrument prepared by, Item/Seg No.: 434689-1
or under the direction of, Sec/Job No. 90060
Alicia Trujillo, Esq.__________ SR No.: 5 (US1)
District Chief Counsel County: Monroe
Florida Department of Transportation Parcel No.: 800
th
1000 N.W. 111 Avenue
Miami, Florida 33172
PERPETUAL EASEMENT
Public Purpose
THIS EASEMENT
made this _____ day of __________________________, 2015, by the
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, Grantor, to MONROE
COUNTY, a political subdivision of the State of Florida, Grantee.
WITNESSETH: That the Grantor for no consideration, hereby grants unto the Grantee,
its successors and assigns, a perpetual easement purposes of constructing, operating and
maintaining a pedestrian bridge over the following described land
in MONROE County, Florida:
attached hereto and made a part hereof
TO HAVE AND TO HOLD
the said premises unto the Grantee, subject, however, to the
following conditions:
THAT this easement is solely for the purpose of constructing, operating and maintaining
a pedestrian bridge and no other uses of the Easement Area are permitted.
use of the land subject to this easement shall in no way interfere with G
such land consistent with the rights set forth herein.
THAT in the event said transportation use is permanently discontinued or abandoned,
G easement shall terminate, and title to the above described property shall
immediately revert to the Grantor, and it shall have the right to immediately possess
same. In the event GGrantor deems it necessary to
request the removal of the Facility occupying the Easement Area, Grantee shall remove
the Facility and restore the Easement Area to a like or similar condition as existed prior to
this Easement, at its sole cost and expense.
THAT Grantee shall not obstruct the State right-of-way located immediately underneath
the Easement Area, except as may be required temporarily from time to time to effect the
construction, inspections, maintenance, repairs, improvements and replacement of the
Facility. Any such work is subject to formal approval and permit by Grantor. Grantee shall
-of-
exercising its rights hereunder.
Page 1 of 4
Item/Seg No.: 434689-1
Sec/Job No.: 90060
SR No.: 5 (US1)
County: Monroe
Parcel No.: 800
THAT Grantee will indemnify and hold Grantor harmless from any and all damages
and/or liability, claims, demand, actions and/or suits of any nature arising out of, relating
to, or resulting from any neglige
subcontractors and contractors, or instrumentalities, acting within the scope of their office
or employment, in connection with the rights granted to or exercised by Grantee
hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes;
However, nothing herein shall be deemed to indemnify Grantor from any liability or claim
arising out of the negligent performance or failure of performance of Grantor.
During construction, Grantee shall cause its construction contractor(s) to maintain
comprehensive general liability insurance providing for a limit of amount of not less than
$1,000,000 for all damages arising out of bodily injuries to, or death of, one person and,
subject to that limit for each person, a total limit of $5,000,000 for all damages arising out
of bodily injuries to, or death of, two or more persons in any one occurrence; and regular
s than
$50,000 for all damages arising out of injury to, or destruction of, property in any one
occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of
$100,000 for all damages arising out of injury to, or destruction of, property during the
policy period is carried. Grantor shall be named as Additional Insured in all such policies
and Grantee will provide a current copy of such insurance certificate to Grantor.
THAT this Easement is subject to all applicable permit requirements and any other
required agreements or approvals, and concurrences.
THAT the Easement is granted pursuant to Resolution No. ______________ passed by
the Monroe Board of County Commissioners of the Monroe County Florida records, a
copy of which is attached herewith and forms part thereof;
THAT the provisions of this Easement may be enforced by all appropriate actions at law
and in equity by the respective parties.
THAT Grantor makes no representations as to the title or condition of the property within
the Easement Area or the suitability of the Easement Area property for the use intended
hereunder.
The rights and obligations of the parties shall inure to the benefit of and be binding upon
their respective successors and assigns.
Page 2 of 4
Item/Seg No.: 434689-1
Sec/Job No.: 90060
SR No.: 5 (US1)
County: Monroe
Parcel No.: 800
This instrument may be amended or modified only by written instrument, executed and
acknowledged by the parties hereto or their successors and assigns, and recorded in the Public
Records of Monroe County.
IN WITNESS WHEREOF
, the said grantor has caused these presents to be executed in
its name by its proper officers thereunto duly authorized, the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
By: __________________________________
Gus Pego, P.E.
District Secretary
Attest: ________________________________
Executive Secretary
Affix Department Seal
Witness: ______________________________
______________________________
Name/Title
LEGAL REVIEW:
____________________________________
Alicia Trujillo
District Chief Counsel
State of Florida
County of Miami-Dade
Page 3 of 4
Item/Seg No.: 434689-1
Sec/Job No.: 90060
SR No.: 5 (US1)
County: Monroe
Parcel No.: 800
The foregoing instrument was acknowledged before me this __________day of ____________,
2015
, by Gus Pego, District Secretary for District Six, FDOT, who is personally known to me, or
has produced ____________________________as identification.
_____________________________________
Notary Public in and for the County and State
as mentioned above
(Affix Notary Seal) My Commission Expires _________________
Page 4 of 4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 18.2015 Division: - Public Works/Engineering
Bulk Item: Yes X No _ Department:Engineering
Staff Contact Person/Phone#:Judy Clarke X4329
AGENDA ITEM WORDING: Approval of resolution requesting that the Florida Department of
Transportation(FDOT)convey a right of way perpetual easement to Monroe County for the purpose of
constructing a pedestrian bridge over Marvin.Adams Cut as part of the US1 Bayside Shared Use Path
Project. (MM 103,Key Largo)
ITEM BACKGROUND: The Florida Department of Transportation (FDOT) is requiring the County
to obtain an easement for the pedestrian bridge that will be constructed over Marvin Adams Cut as part
of the US1 Bayside Shared Use Path Project. A survey and legal description was.prepared by Metric
Engineering,Inc. and provided to FDOT(Exhibit"A")for the easement documents.
PREVIOUS RELEVANT BOCC ACTION: _
August 2010—the BOCC approved using$1,800,000 of District Three Transportation Impact Fees to
design and construct a shared use path adjacent to US1 (Bayside)in Key Largo.
October 2011—the BOCC approved a contract with Metric Engineering for Engineering Design and
Permitting Services in the amount of$284,943.
June 2012—the BOCC approved Amendment 1 which added$122,900.11 to the contract for
Engineering Design and Permitting Services for a pedestrian bridge at Marvin Adams Waterway
(MM103). .
May 2013—the BOCC approved Amendment 2 which extended the contract to December 1, 2013.
November 2013—the BOCC approved Amendment 3 which added$1,000 to the contract for the
National Environmental Policy Act(NEPA).checklist required by FDOT and extended the'contract to
June 1,2014.
February 2014—the BOCC approved by resolution,a County.Incentive Grant Program(CIGP)
Agreement with the Florida Department of Transportation(FDOT)to provide funding for the
construction of the path and gave staff direction to work with FDOT to add landscaping to the project.
April 2014—BOCC approved Maintenance Memorandum of Agreement with FDOT for the County to
provide maintenance for the Bayside Shared Use Path upon completion of construction.
May 2014—the BOCC approved Amendment 4 which extended the contract to June 1,2015.
July 2014—the BOCC approved the construction contract award to Construct Group Corp. ,
October 2014—the BOCC approved Amendment 5 which added$46,993.48 to the contract for
landscaping design and permitting services to provide a native landscape buffer along the shared use ' _
path. ,
January 2015 — the BOCC approved Amendment 6 to the Metric' Engineering, Inc. contract for
,Engineering Design and Permitting Services for the US1 Bayside Shared Use Path Project in the
amount-of$4,005.66; to prepare Exhibit "A" easement documents for the Pedestrian Bridge over the C,
Marvin.Adams waterway.
CONTRACT/AGREEMENT CHANGES:There is no compensation to FDOT for this easement.
STAFF RECOMMENDATIONS:Approve FDOT perpetual easement resolution.
- r Item C31�; �
• �
TOTAL COST: $ n/a INDIRECT COST: n/a BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: not applicable.
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes : No x AMOUNT PER MONTH Year
(1
APPROVED BY: County Atty_ OMB/Purchasing ` Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM#
revised 7/09
•
1
RESOLUTION NO. -2015
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, REQUESTING THAT THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT)
CONVEY A PERPETUAL EASEMENT TO
MONROE COUNTY FOR THE PUBLIC
PURPOSE USE OF CONSTRUCTING A
PEDESTRIAN BRIDGE OVER MARVIN D.
ADAMS WATERWAY IN KEY LARGO.
WHEREAS, the COUNTY is designing and constructing a pedestrian bridge on
the FDOT right of way over Marvin D. Adams Waterway as part of the US1 Bayside
Shared Use Path Project; and
WHEREAS, the FDOT has agreed that the COUNTY will have jurisdiction over
and maintain the pedestrian bridge # 909001, hereinafter referred to as the `PROJECT',
the boundaries of which are outlined in the attached Exhibit "A", `Legal Description',
which is herein incorporated by reference; and
WHEREAS, the COUNTY has agreed to supervise and inspect all aspects of
PROJECT construction and administration; and
WHEREAS, FDOT will convey the easement at no cost to Monroe County if the
easement is used for public purposes; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to
Section 339.08(e) and 339.12,Florida Statutes (F.S.);
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Monroe County, Florida, that:
SECTION 1: The Board of County Commissioners requests that the FDOT
convey an easement for the parcel described in Exhibit A to Monroe County
for the purposes of construction, operation and maintenance of the pedestrian
bridge, and hereby authorizes the County Mayor to execute this Resolution on
behalf of Monroe County,with the right to exercise all provisions contained
within the perpetual easement.
SECTION 2: Upon execution, this Resolution shall be effective upon approval
and conveyed to the FDOT to be made a part of the Perpetual Easement
Agreement.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County,Florida at a regular meeting of said board on the 18th day of March,A.D.,
2015.
Mayor Danny Kolhage
Mayor Pro Tem Heather Carruthers
Commissioner David Rice
Commissioner George Neugent
Commissioner Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavlin,Clerk OF MONROE COUNTY,FLORIDA
By By
Deputy Clerk Mayor/Chairperson
MONROE COUNTY I;'T T OF NEY
- APPROVE J -I0 FORM:
CHRISTI„IE M. 1.;F:FF;
ASSIS FAN
C )IJF!l Y A,l TOE cN=Y
• Date �j�1J_.���
EXHIBIT "A"
LEGAL DESCRIPTION FOR PARCEL 56'75
LEGAL DESCRIPTION:
A portion of land lying within the Florida Department of Transportation, State Road 5 (Overseas Highway) Right of
Way, over the Marvin D. Adams Waterway (also known as Adams Cut), also being a portion of Section 14, Township
61 South, Range 39 East, Monroe County, Florida, being more particularly described as follows:
Commence at the Southerly corner of Tract "A", "Cross Key Waterway Estates Section Two", according to the Plat
thereof, as Recorded in,Plat Book 6, at Page 60, of the Public Records of Monroe County, Florida; thence North
37°10'06" East along the Southeasterly line and the Northerly prolongation of said line of said Tract "A" for a
distance of 1,573.07 feet to the point of intersection with the centerline of Churchill Downs; thence South
52°49'54"East along said centerline of Churchill Downs for a distance of 120.00 feet to the point of intersection with
the baseline of survey for S.R.5 (Overseas Highway) as shown on Florida Department of Transportation Right of Way
Specific Purpose Survey Map for State Road 5, Section 90060, Sheet 117 of 148, said point having a station of
1003+38.97, as shown on said map; thence along said laseline of survey for the following two(2) courses: 1.)
thence North 37°10'06" East for a distance of 208.14 feet; 2) thence N37°09'56"E for a distance of 73.80 feet;
thence departing said baseline North 52°50'04" West for a distance of 33.36 feet to the POINT OF BEGINNING;
thence continue North 52°50'04" West fora distance of 11.58 feet; thence North 37°09'56" East for a distance of
145.60 feet; thence South 52°50'04" East for a distance of 11.58 feet; thence South 37°09'56" West for a distance
of 145.60 feet to the POINT OF BEGINNING.
•
Containing 1;686 square feet more or less.
SURVEYOR'S,NOTES:
- THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE NORTH AMERICAN DATUM OF 1983.
A BEARING OF N37°10'0G"E WAS ESTABLISHED ALONG THE BASELINE OF SURVEY OF SR-5 / OVERSEAS HIGHWAY.
- ADDITIONS AND/OR DELETIONS TO SURVEY MAPS, SKETCHES OR REPORTS BY ANY PARTY OTHER THAN THE SIGNING
PARTY ARE PROHIBITED WITHOUT THE WRITTEN CONSENT OF THE SIGNING PARTY.
- THIS DOCUMENT CONSISTS OF THREE(3) SHEETS AND SHALL NOT BE CONSIDERED FULL, VALID, AND COMPLETE
UNLESS EACH SHEET IS ATTACHED TO THE OTHER.
- NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
- THIS SKETCH TO ACCOMPANY LEGAL DESCRIPTION IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS AS
SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, REFERENCED IN RULE 51-17 FLORIDA
ADMINISTRATIVE CODE PURSUANT TO SECTIONS 472.027, FLORIDA STATUES.
- LEGEND:
a.k.a. - ALSO KNOWN AS
-- SEC. - SECTION
TWP. - TOWNSHIP
RGE. - RANGE
R/W - RIGHT OF WAY
p.B. - PLAT BOOK
PG. - PAGE
P.O.C. - POINT OF COMMENCEMENT
P.O.B. - POINT OF BEGINNING
Q • - CENTER LIFE
EXIST. - EXISITING 3- .2- 2.0 i5
- BASELINE
LB. .- LICENSED BUSINESS MUEL G. VERA JR. DATE
SQ.FT. - SQUARE FEET OFESSIONAL LAND SURVEYOR
S.R. - STATE ROAD - i LORIDA CERTIFICATE NO. 5291
LICENSED BUSINESS: LB-2439
LINE TYPES: 13960 SW 47th STREET
MIAMI, FL 33175
—/-/ / - EXISTING LIMITED ACCESS RIGHT-OF-WAY LINE NOT A SURVEY
- - - EXISTING RIGHT-OF-WAY LINE
FLORIDA DEPARTMENT OF TRANSPORTATION
SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY
STATE ROAD NO. 5 MONROE COUNTY
BY DATE PREPARED BY: DATA SOURCE:
.I.G.VERA&ASSOC.,INC.,LB 2439 SEE SURVEYOR'S NOTES
13960 SW 47 ST.MIAMI, FL 33175
DRAWN C.E.A. 12-14
REVISION I BY DATE CHECKED M.G.V. 12-14
F.P. NO. 434689-1-58-01 SECTION 90060 SHEET 01 OF 03
-
f ,
SEC. 14, EXHIBIT "A"
TWP. 61 S., SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RGE. 39 E.
FOR PARCEL 5675 -
n sFc z -
5675 z
--2
77
LA
SEE DETAIL .» 0 T�R\Ng SHEET 3 �c
ppM5 We T) I `��, W
SIND. pAD° , 0 o
MAR (a.k.a. .-�� Q ,z
CL
P.O.B. YZo
' N52°50'04"W -- En coin b = Q E
33.36` "' 0 uJ
A m I a cn
1005.47. 11 z O LO u 00
c`e �n W O a •
CROSS KEY WATERWAY X o -
ESTATES w - 06
SECTION TWO o Lll z
P.B. 6 - PG. 60 w > 0 1-
z
TRACT "B" 120' o O '_` Lu0
yo U zQI-
cc
° Lr) LIJ a 0
— m N wa.
CL z o<
CHURCHILL DOWNS S52°49'54"E A in O 0 --
N �12o.oa' / , -10
z, E STA1003+38.97 "\ ( Cal •
i1-
CROSS KEY �Q1 0 1 70' .�-�
- WATERWAY ESTATES ti I 0
SECTION TWO a 120' N
P.B. 6 - PG. 60 ill ,,_..�- __I to
TRACT "A" m
. (Nso z a
In b
t\
P.O.C. _ z I1
SOUTHERLY CORNER X 0 40 80 160 240
OF TRACT ..A.. ��," w
NOT A SURVEY. scale 1" = 80'
FLORIDA DEPARTMENT OF TRANSPORTATION
"-- SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY
STATE ROAD NO. 5 MONROE COUNTY
BY DATE PREPARED RY: DATA SOURCE:
M.G.VERA&ASSOC..[NC.,LB 2439
_._.. _ 13960 SW 47 ST.MIAM[_FL 33175 SEE SURVEYOR'S NOTES
DRAWN C.E.A. 12-14
REVISION BY DAIS CHECKED M.G.V. ' 12-14 F.P. NO. 434689-1-58-01 , SECTION 90060 SHEET 02 OF 03
•
Y
SEC. 14, EXHIBIT "A"
TWP. 61 S., SKETCH TO ACCOMPANY LEGAL DESCRIPTION
RGE. 39 E. •
FOR PARCEL 5675 - DETAIL •
(NOT TO SCALE)
552°50'04"E SF N s '
I.
11,58' 4
1 I +6651
+66.51 /I ma's 2 z
44.94 LT 33.36 LT
sT O
9j V
CC
w
a
z Q
Q• z
w
rz
w LE
Q 1)
O O J lfl
Lfl LO w 00
U CO
w 5675
En
to
° o
Z (Yl Z Q
w w
Q o~CQ
z Q o:
a0
1nw11
w z
z QOc O F-
OLL.
•
+20.91 +20.91 I
44,94 LT 1/33.36 LT I
Ln
to
N52°50'04"W a
11.58' • -
P.O.B.-
NOT A SURVEY -
FLORIDA DEPARTMENT OF TRANSPORTATION
SPECIFIC PURPOSE SURVEY - NOT A FIELD SURVEY
STATE ROAD NO. 5 MONROE COUNTY
BY DATE PREPARED BY: DATA SOURCE:
.1.G.VERA&ASSOC.,INC., LB 2439 SEE SURVEYOR'S NOTES
— I3960 SW.47 ST.MMMAMK, FL 33175 1
DRAWN C.E.A. 12-14 —
Ransom s•r DATE CHECKED hs.G.v. 12-14 F.P. NO. 434689-1-58-01 SECTION 90060 SHEET 03 OF 03
•
This instrument prepared by, ltem/Seg No.: 434689-1
or under the direction of, Sec/Job No. 90060
Alicia Trujillo, Esq. SR No.: 5 (US1)
District Chief'Counsel County: Monroe
Florida Department of Transportation Parcel No.: 5675
1000 N.W. 111th Avenue
Miami, Florida 33172
PERPETUAL EASEMENT
Public Purpose
THIS EASEMENT made this day of , 2015, by the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("Department"), Grantor, to
MONROE COUNTY ("Grantee"), a political subdivision of the State of Florida, Grantee.
WHEREAS, the Department and the County have entered into a LAP Agreement (FM #
434689-1-58-01) for the U.S. 1- Bayside Shared Use Path, Pedestrian Bridge Over Marvin D.
Adams Waterway in Key Largo, Florida; and
WHEREAS, the Department has recommended a perpetual easement be granted to the
County for the right-of-way over which the Facility will be constructed; and
NOW THEREFORE, the Department has agreed to grant to the County, its successors
and assigns, for no consideration, a perpetual easement purposes of constructing, operating
and maintaining a pedestrian bridge (the "Facility") over the following described land (the
"Easement Area") in MONROE County, Florida:
See Exhibit "A" attached hereto and made a part hereof
Subject, however, to the following conditions:
THAT this Easement is solely for the purpose of constructing, operating and maintaining
a pedestrian bridge and no other uses of the Easement Area are permitted.
THAT the Grantor reserves the right to enter upon, across, under and over the Easement
Area, if needed, for the purposes of inspecting, maintaining and repairing the Grantor's
adjacent bridge over Marvin D. Waterways; and
THAT Grantor's use of the land subject to this easement shall not unreasonably interfere
with Grantee's use of such land as set forth herein; and
Page 1 of 4
•
Item/Seg No.: 434689-1
Sec/Job No.` 90060
SR No.: 5 (US1)
County: Monroe -
Parcel No.: 5675
THAT in the event Grantee's transportation use- is permanently discontinued or
abandoned, Grantee's easement shall terminate, and title to the above described
property shall immediately revert to the Grantor, and it shall have the right to immediately
possess same. In the event Grantee's easement terminates and Grantor deems it
necessary to request the removal of the Facility occupying the Easement Area, Grantee
shall remove the Facility and restore the Easement Area to a like or similar condition as
existed prior to this Easement, at its sole cost and expense; and
THAT Grantee shall not obstruct the State right-of-way located immediately underneath
the Easement Area, except as may be required temporarily from time to time to effect the
construction, inspections, maintenance, repairs, improvements and replacement of the
- Facility. Any such work is'subject to formal approval and permit by Grantor. Grantee shall
promptly repair any damage to the Grantor's right-of-way, resulting from Grantee's
exercising its rights hereunder; and '
THAT Grantee will indemnify and hold Grantor harmless from any and all damages
and/or liability, claims, demand, actions and/or suits of any nature arising out of, relating
to, or resulting from any 'negligent or wrongful act(s) of Grantee's employees, agents,
subcontractors and contractors, or instrumentalities, acting within the scope of their office
or employment, in connection with the rights granted to or exercised by Grantee ,.
hereunder, to the extent and within the limitations of Section 768.28, Florida Statutes;
However, nothing herein shall be deemed to indemnify Grantor from any liability or claim
arising out of the negligent performance or failure of performance of Grantor.
During construction, Grantee shall cause its construction contractor(s) to maintain
comprehensive general liability insurance providing for a limit of amount of not less than
$1,000,000 for all damages arising out of bodily injuries to, or death of, one person and,
subject to that limit for each person, a total limit of$5,000,000 for all damages arising out
of bodily injuries to, or death of, two or more persons in any one occurrence; and regular
Contractors' Property Damage Liability Insurance providing for a limit of not less than
$50,000 for all damages arising out of injury to, or destruction of, property in any one
occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of
$100,000 for all damages arising out of injury to, or destruction of, property during the
policy period is carried. Grantor shall be named as Additional Insured in all such policies
and Grantee will provide a current copy of such insurance certificate to Grantor.
THAT this Easement is subject to all applicable permit requirements and any other
required agreements or approvals, and concurrences.
Page 2 of 4
Item/Seg No.: 434689-1
Sec/Job No.: 90060
SR No.: 5 (US1)
County: Monroe
Parcel No.: 5675
THAT the Easement is granted pursuant to Resolution No: passed by
the Monroe Board of County Commissioners of the Monroe County Florida records, a
copy of which is attached herewith and forms part thereof;
THAT the provisions of this Easement may be enforced by all appropriate actions at law
and in equity by the respective parties.
THAT Grantor makes no representations as to the title or condition of the property within
the Easement Area or the suitability of the Easement Area property for the use intended
hereunder.
The rights and obligations of the parties shall inure to the benefit of and be binding upon
their respective successors and assigns.
This instrument may be amended or modified only by written instrument, executed and
acknowledged by the parties hereto or their successors and assigns, and recorded in the Public
- Records of Monroe County.
THE REST OF THIS PAGE LEFT BLANK INTENTIONALLY
Page 3 of 4
Item/Seg No.: 434689-1
Sec/Job No.: 90060
SR No.: 5.(US1)
• County: Monroe
Parcel No.: 5675
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in
its name by its proper officers thereunto duly authorized, the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
Witness: By:
Gus Pego, P.E.
Print Name: District Secretary
Attest:
Executive Secretary
Affix Department Seal
LEGAL REVIEW:
Alicia Trujillo, Esq.
District Chief Counsel
State of Florida
County of Miami-Dade
The foregoing instrument was acknowledged before me this day of
2015, by Gus Pego, District Secretary for District Six, FDOT, who is personally known to me, or
has produced as identification.
Notary Public in and for the County and State
as mentioned above
(Affix Notary Seal) My Commission Expires
Page4of4