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Reso 2018-2890
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Reso 2018-2890
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Last modified
12/18/2025 11:56:39 AM
Creation date
11/19/2018 3:14:33 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2018-2890
Date (mm/dd/yyyy)
11/15/2018
Description
Approve Sale & Purchase Agmt & Related Easements w/Winston Towers 600 for Ped. Bridge
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2. Easement Parcel. The legal description of the Easement Parcel is attached to and <br /> made apart of this Temporary Construction Easement Agreement ("Agreement") as Exhibit <br /> "A", to correctly note the section of Grantor's property that is encumbered by this Agreement. <br /> From and after the date of this Agreement, only the,Easement Parcel arcel sha,1 <br /> l be subject to, and <br /> burdened and encumbered by, the terms and provisions of this Agreement. <br /> 3. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive temporary <br /> construction easement ("Easement") in favor of the Grantee over, across, under and through the <br /> Easement Parcel, as more thoroughly described in Exhibit "A", for the construction and <br /> maintenance of the Pedestrian Bridge. <br /> 4. Restoration of Property. Grantee and its agents shall be responsible for restoring <br /> the Grantor's property in the same or similar condition that it was before the construction of the <br /> Pedestrian Bridge. <br /> 5. Maintenance of Easement Parcel. Grantee shall be responsible for maintaining the <br /> Easement Parcel during the construction of the Pedestrian Bridge. Further, the Grantee shall be <br /> required to restore any property damaged during the construction of the Pedestrian Bridge. <br /> Additionally, Grantee agrees to the following: <br /> a. Grantee shall use its best effort to minimize any excessive noise or dust that is <br /> generated from construction activities performed on the Easement Parcel. To <br /> the extent possible, the Grantee shall remedy any noise or dust complaints <br /> filed by the Grantor. <br /> b. Grantee shall take all necessary measures to prevent rodent and vermin <br /> infestation during the construction activities. To the extent possible, the <br /> Grantee shall remedy any complaints filed by the Grantor regarding rodent <br /> and vermin infestation. <br /> 6. Compliance with Laws. The beneficiaries of the Easement shall at all times <br /> observe in the use of the Easement Parcel all applicable municipal, county, state <br /> and federal laws, ordinances, codes, statutes, rules and regulations. <br /> 7. Reservation. Grantor hereby reserves all rights of ownership in and to the <br /> Easement Parcel which are not inconsistent with the Easement, including <br /> limitation: (a) the right to grant further non-exclusive easements on, over/or <br /> across the Easement Parcel, and (b) the right to use the Easement Parcel for all <br /> uses not interfering or inconsistent with the uses permitted herein. <br /> 8. Indemnification. Subject to the provisions of Section 768.28, Florida Statutes, <br /> Grantee hereby agrees, and all parties by virtue of their use of the Easement Parcel shall be <br /> deemed to have agreed, to jointly and severally indemnify, defend and hold harmless the Grantor <br /> (and all of its members, officers, directors, employees, successors and assigns) from and against <br /> any and all damages, claims, costs or expensed whatsoever (including all reasonable attorneys' <br /> • Page 2 of 5 <br />
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