HomeMy WebLinkAboutNON-EXCLUSIVE ACCESS AND UTILITY EASEMENT",
M.E. SMITH, CLERK OF THE CIRCUIT COURT
E# 38947659 COUNTY
OR # BOOK11/0412013 at 04;43 PM
3676 PAGE 280.286 Doc TYPO: EASMT
RECORDING: $61.00
THIS FORM PREPARED BY
Tirso M. Carmja, Jr., Esq.
SHUTTS & BOWEN LLP
4301 W. Boy Scout Boulevard SCANNED
Suite 300
Tampa, Florida 33607 BY
St. Lucie County
NON-EXCLUSIVE ACCESS AND UTILITY EASEMENT
This Non -Exclusive Access and Utility Easement (the "Agreement") is made and
entered into to be effective for all purposes as of the d day of _Q(}Ob P ✓ _, 2013 (the
"Effective Date") by Dune Walk by the Ocean Condominium Association, Inc., a Florida not -
for -profit corporation f/k/a Sand Dollar North Condominium Association, Inc., having a mailing
address of Ill I SE Federal Hwy, Suite 100, Stuart, Florida 34994 (the "Grantor") and Verizon
Wireless Personal Communications LP, a Delaware limited partnership d/b/a Verizon Wireless,
with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey,
07920 ("Grantee").
BACKGROUND
Grantor is the lawful representative pursuant to Florida Statutes 718 of the condominium
unit owners who own those certain common areas of the condominium (the "Servient Parcel")
located in'the County of St. Lucie, State of Florida, which are more particularly described in that
certain Declaration of Condominium for Sand Dollar North, a Condominium, recorded in O.R.
Book 408, Page 2436 of the Public Records of St. Lucie County, Florida, as amended.
Pursuant to that certain Facilities Space Lease dated November 6, 2001, by and between
Grantor and Grantee, as successor -in -interest to Central Florida Telephone Company, Inc., a
Florida corporation (the "Lease"), Grantee is the lessee of certain real property ("Domiltant
Parcel"), which is located within the Servient Parcel, in the County of St. Lucie, State of Florida.
Both the Servient Parcel and the Dominant Parcel may from time to time be referred to
collectively as the "parcels." t
In consideration of and in accordance with the terms and conditions contained herein,
Site Name/ID: Dune WalV68843 50
Grantee desires to obtain and Grantor has agreed to grant a non-exclusive easement, for a period
of time coterminous with the Lease, for access and the installation of utilities, over, across and
under a portion of the Servient Parcel more particularly described in this Agreement.
Now therefore, in consideration of the above recitals, which are incorporated herein and a
made a part hereof by this reference, and of the covenants herein contained, Grantor hereby
covenants and agrees as follows:
1. Grant of Easement. Grantor grants bargains, sells and releases unto Grantee, its
successors and assigns, a non-exclusive easement, for a period of time coterminous with the
Lease, for ingress and egress, and the installation and maintenance of fiber optic cable, conduit,
utility wires, cables, and pipes, under, that certain area (the °°Easement Area"), it being the
intent that all installations by Grantee must be underground, located within the Servient Parcel as
more particularly described on Exhibit A attached hereto. Grantee, its agents, independent
contractors, subtenants, licensees, tenants and invitees shall have tine use of the Easement Area
and may construct, reconstruct, maintain and repair the Easement Area to accommodate
Grantee's use of the Dominant Parcel. Grantee shall be responsible for using the Easement Area
in a lawful, reasonable, safe and orderly manner, and shall maintain the area in a manner that
ensures said area can be used by Grantee for its intended use. Should the Easement Area be
damaged by Grantee during Grantee's construction of its improvements, Grantee shall restore the
Easement Area to at least its pre -construction condition. Prior to commencing construction
within the Easement Area, Grantee shall cause the Easement Area to be properly marked with
flags or other suitable markings such that the location of the Easement Area is plainly visible.
Upon completion of construction, Grantee shall cause such markings to be removed from the
Easement Area.
2. Covenant Runnin¢ with the Land: Transfer of Title. The rights herein granted and
the covenants and agreements set forth in this instrument shall nm with the Easement Area, and
shall be binding upon, inure to the benefit of, and be enforceable in actions at law or in equity by
Grantee and its respective assigns and successors in interest and by the successors in title and
interest to Grantee's leasehold interest in the Dominant Parcel. Grantor and any subsequent fee
simple owner of the Easement Area shall be relieved of its obligations and duties hereunder upon
conveyance of all of its right, title and interest in the Easement Area to a third party except for
those liabilities hereunder which arose during the conveying party's period of ownership. By
acceptance of a conveyance of all or any part of the Easement Area, a third party assumes all
obligations hereunder with respect to the Easement Area or such part thereof from the time of
conveyance forward.
3. Warranties of Title. Grantor covenants and warrants with and to Grantee that,
Grantor is the lawful representative pursuant to Florida Statutes 718 of the condominium unit
owners who are seized of the Easement Area in fee simple, and that Grantor has good right and
lawful authority to grant and convey this easement. Grantor represents and warrants to Grantee
SiteNanie/ID: DuneWaW68843
5M
that (i) Grantor covenants that it is an `:association" as defined in Chapter 718 of the Florida
Statutes (the "Condominium Act") and that the Easement Area is part of the "common elements"
of a "condominium" (both as defined in the Condominium Act) and that its members are
composed exclusively of the individual condominium unit owners, or their elected appointed
representatives; (h) Grantor has full power and authority to enter into and execute , this
Amendment according to the Condominium Act and the applicable Declaration(s) of
Condominium (as amended); (iii) all required action has been duly taken and all approvals have
been obtained to authorize the execution and delivery of this Agreement, including all approvals
required by the Condominium Act and governing documents of the condominium; and (iv)
Grantor is a corporation, and the individual who executes this Agreement on behalf of Grantor
represents and warrants to Grantee that he or she is duly authorized to do so as the lawful
representative of the individual condominium unit owners of the building. Grantor hereby agrees
to defend, indemnify and hold harmless Grantee, and Grantee's agents, employees, successors
and assigns, from any claims, judgments, damages, liabilities, penalties, fines, obligations, costs,
losses (including, without limitation, sums paid in settlement of claims, attorney fees, consultant
and expert fees), expenses and fees (including reasonable attorneys' fees) resulting from the
Grantor's breach of any representations, covenants, or warranties contained in this section,
including any claims that the requisite approvals for the execution and delivery of this
Agreement were not obtained. This indemnification shall survive the termination of the
Agreement.
4. Reservation of Use. Grantor retains the right to use the Easement Area for any
and all purposes and uses which are appropriate for Grantor's needs provided that such uses do
not unreasonably interfere with Grantee's use as set forth in paragraph one (1) above.
5. Termination. Upon termination of the Lease, Grantee agrees to record a Release
of Non -Exclusive Access and Utility Easement in the Public Records of St. Lucie County,
Florida. Within thirty (30) days of termination of the Lease, Grantee shall remove all equipment
and facilities placed in the Easement Area and restore the Easement Area to its pre -constriction
condition (with the exception of buried fiber optic cable, which shall remain).
6. Notices. Any notice which either party may or is required to give hereunder shall
be given in writing to the other party, each at the address set forth below, or at such other address
as may be designated in writing by the parties from time to time by (i) certified or registered
mail, return receipt requested, postage prepaid; (ii) overnight delivery, delivery fees prepaid; or
(iii) facsimile with a hard copy to follow via fast class mail, postage prepaid. Rejection or other
refusal to accept or the inability to deliver because of a changed address of which no notice was
given shall be deemed to be receipt of the notice as of the date of such rejection, refusal or
inability to deliver:
To Grantor: Dune Walk by the Ocean Condominium Association, Inc.,
a Florida not -for -profit corporation
II I I SE Federal Hwy, Suite 100
Stuart, Florida 34994
Site Name/ID: Dune WaW68843
sin
To Grantee: Verizon Wireless Personal Communications LP,
a Delaware limited partnership d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
7. Construction. Except as relating to the legal description included with this
Easement, the rule of strict construction shall not apply to this Agreement. This Agreement shall
be given a reasonable construction and shall be deemed to incorporate and contain such other
reasonable terms and provisions as are necessary to carry out the intent of the parties, the intent
of the parties being as heretofore set forth. No provision of this Agreement shall be construed
against or interpreted to the disadvantage of any party by any court or other government or
judicial authority by reason of either party having, or being deemed to have, structured, drafted
or specified such provision. To the extent the grant made hereby shall fail in any respect, or is
held to be invalid, in whole or in pats, including but not limited to the effectiveness of the grant
made hereby, this Agreement shall continue in full force and effect to the full extent of Grantor's
interest in and to any part of the Easement Area.
8. Governing Law; Jurisdiction. The laws of the State of Florida shall govern the
validity, enforcement and interpretation of this Agreement. The obligations of the parties are
performable, and venue for any legal action arising out of this Agreement shall lie in the County
of St. Lucie, State of Florida.
9. Indemnification. Grantee hereby agrees to indemnify and hold Grantor harmless
from and against any and all loss, claims, liabilities, actions, causes of action, expenses,
obligations, duties, liens and damages, including reasonable attorneys fees, incurred or suffered
by Grantor, arising out of Grantee's use of the Easement Area, or arising out of Grantee's failure
to properly exercise the rights, duties, obligations and liabilities under this Agreement as
required above.
10. Modification. This Agreement, once executed and delivered, shall not be
modified or altered in any respect except by a writing, executed by both Grantor and Grantee,
their successors or assigns.
<Signature Page to Follow>
Site Name/ID: Dune WaW68843
In witness whereof, Grantor has caused this Agreement to be duly executed below as of
the date first above written.
WITNESSES:
Print Name: L&L(Q-uQZ
WITNESSES:
all
Site Name/ID: Dune Walk/ 90414-2
GRANTOR:
Dime Walk by the Ocean Condominium
Association, Inc., a Florida not -for -profit
corporation hWa Sand Dollar North
Condominium Association, Inc.
Name: SLL SA W Ines 2 f
Title: PRE6 t-'Q F-ruT
Date: 4 - t i - 2,013
Verizon Wireless Personal
Communications LP, a Delaware limited
partnership d/b/a Verizon Wireless
By:
Name: Aparna Khurjek�f
Title: Area Vice President Network
Date: JOIA11 a 0/3
GRANTOR NOTARY ACKNOWLEDGMENT:
STATE OF FLORIDA .
COUNTY OF 24. Luec'e,
The foregoing instrument was acknowledged before me this II day of
��Vh- 2013, by C -has �(P6�'i� p Vtrl , of Dune Walls by
the scan Condominium Association, Inc., a Florida not -for -profit corporation f/k/a Sand Dollar
North Condominium Association, Inc., on behalf of the corporation. He/she is personally known
to me or has produced ��uu as identification.
`sue'/ FefNbtar N e (Printed/Type tamp y ) ""
Notary Public
Notary Publ State of Florida
TlHefryFotguaon
9 My Commiulon EE 042271
p Expirea 10110/2016
GRANTEE NOTARY ACKNOWLEDGMENT:
STATE OF NORTH CAROLINA
COUNTY OF MECKLENBURG
foregoing instrument was acknowledged before me this .2
day of
he ,, 2013, by Apatiia Khuljekar 4 as Area Vice President Network, of
Verizon Wireless Personal Communications LP, a D are limited partnership d/b/a Verizon
Wireless, on behalf of the partnership. He is sonny kno n to me or has produced
as identification.
(Printed/Typed/Stam ed Notaz ame)
JODIE L. HAWTHORNE
NOTARY PUBLIC
MECKLENBURG COUNTY
NORTH CAROLINA
MY COMMISSION EX� PIRES 2I20t2015
Site Name/ID: Dune Walk/ 90414-2
Not ublic
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