Reso 2024-3690 - Laserfiche WebLink

Home Browse Search

Prepared. City of North Miami Beach D. Espino, WSH Law, City Attorney 17050 NE 19 Avenue North Miami Beach, FL 33162 (305) 948-2967 transmission mains, distribution mains, supply pipes, manholes, valves, connections, pumps, all other physical facilities and property installations that are required for water facilities. Maintenance. Grantee agrees to install, maintain, repair and replace (as necessary) the water facilities, or necessary portions thereof, so that same is at all times in good working order and condition and free of material defects, subject only to occasional interruption of service due to (i) ordinary wear and tear and use thereof, (ii) routine or extraordinary maintenance, repair or replacement; or (iii) events beyond Grantee's reasonable control. Grantee shall have the right to select the contractor(s) of its choice in connection with all aspects of installation, maintenance, repair, and replacement of the water facility. Grantee shall only be obligated to restore pavement, curb -gutter, sidewalk and/or sod, to restore the surface of the Easement Area to the condition in which it existed immediately prior to the performance of such work (the cost of which shall be included in Operating Costs). Any other landscaping, encroachments, structures or other materials on the surface of the Easement Area will not be restored or maintained by the Grantee. The Grantor shall at all times, have full and unrestricted access to the Easement Area in order to maintain, repair and replace necessary portions of the surface of the Easement Area. In the event that the water facilities are damaged by the Grantor during any such maintenance, repair or replacement, the Grantor shall make all necessary repairs to the water facilities at Grantors sole expense. Encroachments. Grantor agrees to keep Easement Area easily accessible, with no structures to be placed within or immediately adjacent to the Easement Area impeding access to the Easement area. Grantor will immediately remove, at its own expense, any encroachment, or structure located within the Easement Area. Third Party Agreements. Grantor agrees to immediately notify Grantee of any third parties intending to use, install, or otherwise encroach on the Easement Area. Noise Controls. Grantee shall use best efforts and, at a minimum, shall comply with industry standards, with respect to controlling noise emanating from the water facilities. Payment Covenants. Grantee shall be responsible for the Operating Costs of the water facilities. Grantor shall be responsible for any costs associated -with damage to the water facilities resulting from Grantor's maintenance, repair or replacement related to the surface portion of the Easement Area. Tenn. The term of this Easement shall be perpetual unless terminated by the parties in a writing executed by both. This Easement shall not merge with any deed to the Subject Property or any part thereof but shall survive for the Term described herein. Successors and Assigns. This Easement shall bind, and the benefit thereof shall inure to the respective successors and assigns of Grantee. PROJECT: TURNBERRY OCEAN CLUB (WM-0351) DATE: MARCH 1, 2021 24