Reso 2015-2494 - Laserfiche WebLink

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3. Easement Parcel. The Easement Parcel is that 10' wide strip bounded by lines L-1 to L- 6, as described in that legal description attached to and made apart of this Agreement as Exhibit "A", to correctly note the section of Grantor's property that is encumbered by the Easement 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 forever and in perpetuity. 4. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement in favor of the Grantee across, under and through the Easement Parcel solely for the purposes of providing underground electrical service for the elevator portion of the pedestrian bridge in the area abutting the Condominium that is owned by Grantor. 5. Maintenance of Easement Parcel. Grantor shall be responsible for maintaining the surface of the Easement Parcel (including any and all improvements which Grantor may construct thereon from time to time) after the completion of the pedestrian bridge. Grantee shall be responsible for maintaining all improvements it constructs in the Easement Parcel. 6. Restoration of Property. Grantee and its agents shall be responsible for restoring the Easement Parcel in the same condition as existed prior to Grantee's use of the Easement Parcel, such as in the event that Grantee has to make certain repairs to the electrical lines. 7. Covenant running with the land. This Agreement shall constitute a covenant running with the land and will be recorded in the Public Records of Miami Dade County, Florida. This Agreement shall remain in full force and effect and be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. This Agreement shall remain in full force and effect until such time as the same is released by the City Commission of the City of Sunny Isles Beach after a public hearing. 8. 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. 9. 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, including, but not limited to the development of the property. 10. 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 its members, officers, directors, employees, successors and assigns) from and against any and all damages, claims, costs or expensed whatsoever (including all reasonable attorneys' fees and costs whether suit be brought or any appeals be taken there from) arising from, growing out of or connecting in any way with the negligent use of the Easement by Grantee. The Grantor hereby agrees, and all parties by virtue of their of use of the Easement shall be deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantee (and all of its members, officers, directors, employee, successors and assigns) Plaza of the Americas Club Inc. Condo Assn Page 2 of 6