Reso 2014-2256 - Laserfiche WebLink

Home Browse Search

section of Grantor's property that is encumbered by this Agreement. From and after the date of this Agreement, only the Easement Parcel shall be subject to, and burdened and encumbered by, the terms and provisions of this Agreement. 3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive temporary easement ("Easement") in favor of the Grantee over, across, under and through the Easement Parcel, as more thoroughly described in Exhibit "A", solely for the construction of the Emergency Bridge. 4. Improvements. Grantee agrees to construct the following improvements on the Easement Parcel after the construction of the Emergency Bridge: a) the sidewalk/curb and gutter and associated turf area along the north side of l72nd Street in front of the Property from the western property line east 75' (seventy five) feet, or whatever is damaged during construction of the Emergency Bridge Project. 5. Restoration of Property. Grantee and its agents shall be responsible for restoring the Easement Parcel in the same condition that it was before the activities described in Section 4 above have been complete. 6. Maintenance of Easement Parcels. Grantor shall be responsible for maintaining the Easement Parcel (including any and all improvements which may be constructed thereon from time to time) after the Project is complete. a. Grantee shall use its best effort to minimize any excessive noise or dust that is generated from construction activities performed on the Easement Parcel. To the extent possible, the Grantee shall remedy any noise or dust complaints filed by the Grantor. b. Grantee shall take all necessary measures to prevent rodent and vermin infestation during the construction activities. To the extent possible, the Grantee shall remedy any complaints filed by the Grantor regarding rodent and vermin infestation. 7. Compliance with Laws. The beneficiaries of the Easement shall at all times observe in the use of the Easement Parcel all applicable municipal, county, state and federal laws, ordinances, codes, statutes, rules and regulations. 8. Reservation. Grantor hereby reserves all rights of ownership in and to the Easement Parcel which are not inconsistent with the Easement, including limitation: (a) the right to grant further non-exclusive easements on, over/or across the Easement Parcel, (i.e. utility easement), (b) the right to use the Easement Parcel for all uses not interfering or inconsistent with the uses permitted herein. 9. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, Grantee hereby agrees, and all parties by virtue of their use of the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor (and all of Page 2 of 6