Reso 2015-2435 - Laserfiche WebLink

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• Item/Seg No.: 4152301 Sec/Job No.: 87170-2517 SR No.: 826 County: Miami-Dade Parcel No.: 5754 THAT in the event Grantee's transportation use is permanently.discontinued or abandoned for a period of twelve (12) consecutive months, or Grantee ceases to use the Easement Area consistent with the rights and obligations stated herein, 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. Upon Grantor's request, Grantee shall execute a release of easement in a form acceptable to Grantor, to be recorded in the public records, at Grantee's cost and expense. 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 in a manner approved by Grantor, 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 promptly repair any damage to the Grantor's right-of-way, resulting from Grantee's exercising its rights hereunder. THAT Grantee shall not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the Easement Area, including activities involving hazardous materials or regulated substances of any kind, which may constitute a risk of any kind on the Easement Area, or Grantor's state right-of-way lying underneath or adjacent to the Easement Area. In such an event, Grantee must immediately notify Grantor, and Grantee shall be responsible for any damage or injury resulting from such release or activity. 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. Grantee shall require its construction Contractor to, at minimum, maintain and carry, at all times during the construction, Commercial General Liability providing continuous coverage for all work or operations performed under the Construction Contract with Grantee. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form(ISO Form CG 00 01) as filed for use in the State of Florida. Page 2 of 4