Reso 2024-3690 - Laserfiche WebLink

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Prepared; City of North Miami Beach D. Eapino, W5H Law, City Attorney 17050 NE 19 Avenue North Miami Beach, FL 33162 (305) 848-2967 Limitation. It is the intention of the parties hereto that this Easement shall be limited to and utilized solely for the purposes expressed herein. Indemnification and Hold Harmless. The Grantee will assume and defend all liability of Grantor, with respect to the Grantee's activities within the Easement Area, except for liability arising in whole or in part from the negligence or willful acts of the Grantor, its officers, owners, residents, guests, employees, or any other third party permitted by the Grantor to be within the Easement Area. Nothing contained in this paragraph or elsewhere in this Grant of Easement Agreement is intended to be a waiver of limitations on the Grantee's liability to third parties as set forth in Section 768,28, Florida Statutes. Default by Grantee. In the event of a default by Grantee in the maintenance, operation or repair of the water facilities, Grantor shall give written notice to Grantee, specifying the nature of such default. Grantee shall have a period of ten (10) days following receipt of said notice in which to remedy the default (or such longer time as may be necessary and reasonable, provided Grantee shall have commenced a cure within said ten (10) day period and is diligently and continuously prosecuting same); failing which Grantor shall have the right to access the water facilities, for the limited purpose of effecting the required repair or maintenance. Notwithstanding the foregoing, if the default is of such a nature that an emergency situation arises constituting an unsafe or unsanitary condition, the period for cure of such default shall be accelerated to be a period of time determined by Grantor in its sole discretion, but which is reasonable in light of the nature of the emergency. All costs incident to curing a default by Grantee under this subsection shall be the sole responsibility and obligation of and, accordingly, shall be borne by, the Grantee. Default by Grantor. In the- event of a default by Grantor in the repair of the water facilities resulting from damage caused by Grantor to the water facilities pursuant to Grantors activities provided for herein, Grantee shall give written notice to Grantor, specifying the nature of such default. Grantor shall have a period of ten (10) days following receipt of said notice in which to remedy the default (or such longer time as may be necessary and reasonable, provided Grantor shall have commenced a cure within said ten (10) day period and is diligently and continuously prosecuting same); failing which Grantee shall have the right to effect the required repair of the water facilities. All costs incident to repair of the water facilities shall be borne by the Grantor. Enforcement. In the event it becomes necessary for any party to defend or institute legal proceedings as a result of the material failure of either party to comply with the terms, covenants and conditions of this Easement, the prevailing party In such litigation shall recover from the other party all costs and expenses incurred or expended in connection therewith, including, without limitation, reasonable attorneys' fees and costs, at all levels. Venue; Jurisdiction. This Easement shall be governed and construed in all respects in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. Further, all parties hereto agree to avail themselves of and submit to the personal Jurisdiction of the Courts of the State of Florida in Miami -Dade County. PROJECT: TURNBERRY OCEAN CLUB (WM-0351) DATE: MARCH 1, 2021 K, 25