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HomeMy WebLinkAbout0012 _ t~, ~ ~8.~. ~ ~j ~EC: ~7 rnr,~~9' ~ ~'o;~"`~ ~ ~'~A.14~Q ~c ~~S ~ 9~tbK L..~~ PA~t~~IO M"~ ~RRn~~e Coc~N7ry ! ~ n.c a c o~ ~ r ct c:~.~~ PaG~ ,~C ~a ~,r. ~ s.?u+ _._...r ~t_,.~.r ~ +~L:Rb G....rr( - - be entered up~n and ueed by Gnatee, ~vhich said right, title and interest is the owner- ~~'rS? ahip in fee ximple of all of the real property used in connection with said "Sunehine State 'T? M parkwsy except appro7dmately one mile of land through the Seminole Indian Rea~erv$- -w 1`~~ ~ tion nesr the City of Dania, in the County of Braward, State of Flori~s ; snd except cer- ~ ~ :4 i tain State attd Countq rnad craeainge and ditch, atr~eam, canal and railrosd cmBSinga as set r- . ~ forth in paragraph 4b above. The Grantee will, at all times, aasume the riak of anrl in- ~ demnify and gave harmless Grantar fmm snd sgsinst any and all loas, damag~e, coat or ~ expense, ariaing in anv tnsnner, or growing aut oi the eacercise or attempted e~cercise O by the Grantee of the herein g?ranted rights and privileges, as to any of the isnds not owned in fee simple by the Grantor. ~ r~-. n~ ~ 7. Upon the failure, neglect or refusal of Grantee, upon notice in writing from Grantor, to immediately perform uny repair wark on said Sunehine State Parkway. its C~ accesa roada, or other improvementa, or other property of Grantor which may be affect- ;~u ~ ed by Grantee in the exercise of the rights 8ranted hereunder, Grsntor may under_ ~ take and perform sueh repair work, and upon receipt of bills for such repair work from Grantor, Grantee ahall forthwith reimburse Grantor for such costs reaBOnably s~ in- i~ ~ curred. ~ 8. In the event it shall become necessary to rearrange or relocate said communica- tions eyatem to accammodate changes or improvement8 on the Sunshine State Parkway snd such rearrangements or relocationa are reasonably required for such purpoaea, they will be made by Grantee at its expense upon receipt of written notice from Grantor to do so ; provid~d however, that if Grantee shall fail tv do such work, and within thirty (30) days of receipt of auch notice, fai2 to inform Grantor of its intention to do so and furniah Grantor with a reasonable schedule for doing such work, Grantor ahall have the right, ~t its option, to perform said work, at the riak and expense of the Grantee. The provisions af this section are ~or the exclusive protection of the Grantor, nearby muni~- ipalities and counties tllrough which the Sun$hine State Parkway ia lacated and shall not apply to any conRict of Grantee's facilitiea with impmvements contemplated or requested by any other partie~. Notices to Grantee shall be sent to American Telephone and Tele- graph Company, Area Ghief Engine~r, 100 Edgewood Avenue, N.E., Atlanta, Georgia 30343. In construing this Paragraph, it is understood Granior will fully cooperate with Grantee to the end that such changeg and relvcations vf Grantee's communications sys- tem may be held to the minimum neceasary to accomplish Grantor'e purposes ; and when xn alternative method or methods are poasible, and in the judgment of the Grantor are subatantially equal in coat and feasibilitq, and $uch judgment is reaaonable, such alternative method 9r methoda will be adopted and Grantee's communicationa syatem permitted to remain in ptace or witr a minimum of C'~turbance. ~n 9. In the event that the nsaid Sunahine State Parkway ar any portion or part thereaf should ever be designated as part of the Public Highway System, incIudieag but not limited to the Federsl Interatate Syatem of Highways, and be taken under the con- trol of aome authority other than Grantor, or pursuant tc~ which Grantor ahould be under the juriadictian of others, and under such circumstancee as to bring any rem+aval ar r~Ia cation of the communicationa aystem to be conetructed herennder within the coverage of the prnviaions of any l~w vvhich providea for or authorizea the payment, x~epayznent or reimburaement of coata o~ auch removal or relocation from Public Funda, including bat not by way of limitation, Section III of Federal Aid Highway Act of 1956, being Public --4- S~'.IUC{E aooK~2~ - - „