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Item L11County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: L.11 Agenda Item Summary #2774 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774 None AGENDA ITEM WORDING: Approval to enter into an Agreement with David N. Bell Jr. for a long term grant of easement and right of entry for use of his property located at 31441 Avenue I, Big Pine Key, Parcel Identification Number 110940, to place the air curtain land -based equipment on for the water quality improvement demonstration project at Canal 4290, Big Pine, and to grant an annual credit equal to the MSBU proposed for the Operation and Maintenance costs. ITEM BACKGROUND: The County requested use of Mr. Bell's property to place the air curtain land -based equipment on. A portion of the lot will be used to place the structures and land -based equipment necessary to operate the air curtain. Structures will include concrete pads and a 6 foot high fence to surround the equipment. Equipment will include eight compressors, 3 /4 horsepower, installed in two noise reducing boxes, elevated 4 feet from the ground. A wind vane and electrical panel are also included. In exchange for the County's use of the property owner's property to host the structure and equipment, and to allow the County and its vendor(s) to conduct periodic and regular maintenance to the equipment, the property owner will receive an annual credit equal to the MSBU to be imposed for the operation and maintenance, including electrical costs, of the equipment placed on the property owner's property. At such time as the equipment is removed from the owner's property, the property owner shall no longer be eligible to receive the annual credit and shall be subject to the MSBU. The County's contractor will install the structures and equipment. The County may terminate the Agreement at any time upon written notice to the Property Owner. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT /AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: 290 Long Term Access Agreement signed by David Bell FINANCIAL IMPACT: Effective Date: April 12, 2017 Expiration Date: Perpetuity Total Dollar Value of Contract: $0 Total Cost to County: Annual MSBU cost to be paid by the County for the lot Current Year Portion: $0 Budgeted: No Source of Funds: N/A CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Annual MSBU to be paid by the County for this lot only Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: No Additional Details: The resident is being granted an annual credit for the MSBU being proposed by the County for the operation and maintenance of the air curtain, including electrical cost, The County will pay the MSBU amount, in lieu of the resident, for this lot as long as the County's equipment remains on the property. Current estimated value is $750 per year, subject to change. 04/12/17 304 -23000 - PHYSICAL ENVIRONMENT hIW TA1 IH11." $750.00 Rhonda Haag Completed 03/15/2017 8:28 AM Pedro Mercado Completed 03/15/2017 4:22 PM Budget and Finance Completed 03/15/2017 4:32 PM Maria Slavik Completed 03/15/2017 4:40 PM Kathy Peters Completed 03/20/2017 2:09 PM Board of County Commissioners Pending 04/12/2017 9:00 AM HOLD HA T AND EASEMENT BETWEEN MONROE COUNTY, FLORIDA AND DAVID N,BELL J0k REGARDING THE CANAL #290 WEED BARRIER RESTORATION BIG PINE KEY PROJECT THIS AGREEMENT (the ''/\grccmonot") is made and entered into by Monroe County, Florida, m political subdivision of the State of Florida (the "County"), vvhnmc address is 1100 Simonton Street, The [}uio Building, Room 205, Key West, FL 33040 and David N. Bell ]r(the "Property [)n;ner"), whose address ia3l44l Avenue l Pine Key, FL 33043-4650, WHEREAS, the Property Owner owns that certain real property located nt]I44l Avenue 1, Big Pine Key. Parcel Identification Number is 110940, which property abuts that body of water commonly known as Canal #290 (the "Canal") more specifically identified in Exhibit "A" attached hereto and incorporated herein (the "Prnoc/Ty");and WHEREAS, the County is not under any obligation to install or maintain the equipment proposed am part of this agreement in any way; and WHEREAS, the Weed Barrier Restoration Project is u voluntary project, and the Property Owner has fully agreed io the Weed Barrier Restoration Project atbodo}cdfortbucunu|v/hichubuts and partially crosses their Property; and WHEREAS, the Property Owner, whose property abuts the canal, has agreed to assist the County with this deomoou1cudnn Weed Barrier BuuLootiVa Project to aid in the improvement of water quality within the Canal (the "VVocd Barrier Restoration Project"); and WHEREAS, as pmt of the Weed Bnocor ]{oxKorodon Project, the County will utilize the Property to install new structures and equipment necessary for the Weed Barrier Restoration Project for n period nFup\o six (8) months nz until the project is completed following issuance ofallotice to Proceed to the Contractor, more optciUou|\y identified no Exhibit "8 attached hereto and incorporated herein, and VVl£ERE}\S. the County or Contractor, not the Property {}vvour, will obtain the requisite permits necessary for construction of the project; however the Property Owner may berequired to sign certain mypUcudou or permission foznx in order for the contractor to use the Property; and WHEREAS, the Property Owner, whose property upon which new structures and equipment will be installed is aware of the pobouduI danger to their property, the existing mbnzclimc docks monwaDa. Tmeca and other collateral damage which may not be readily uppuocat or vvbiob may not manifest itself until long after the Weed Barrier Restoration Project io completed; and WHEREAS, im spite mftheinbcreotdokmtUc9roneUy{}vvuzrbomccqucmtcd the Weed Barrier Restoration Project An forward. The Property [)vvne,, in exchange for the County's agreement to iumtu]\ new structures and equipment, agrees Lohold the County harmless, now and forever, from any liability related 1nthe Weed Barrier Restoration Project performed within aodabout the Canal. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars and other mutual covenants herein provided and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: I . Property Owner shall release, indemnify, defend (with counsel acceptable to the County) and hold harmless the County, their officials, agents, and employees from and against any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including but not limited to attorneys' fees, paralegals' fees, consultants` fees and costs at all administrative, pretrial, trial and appellate levels) of any kind or nature whatsoever arising out of or related in any way to the County's removal of existing structures and equipment and installation of new structures and equipment for water quality improvement purposes, including without limitation all claims relating to injury to persons (including death) or to property. The Property Owner acknowledges that his willingness to provide the above indemnities was a specifically bargained for provision of this Agreement and that specific consideration was provided for his respective above indemnities and the County acknowledges that the willingness of the Property Owner to provide the above indemnities was a material factor in the County's willingness to provide improvements to the Canal. This provision survives the termination of this Agreement. 2. During the 'Weed Barrier Restoration Project, two 2.5' x 2.5' concrete pads will be constructed on the northeast corner of the Property. Eight rotary vane compressors, 3/4 horsepower, will be installed inside of two noise reducing boxes which will be located on an elevated support structure 4 feet from existing ;round. A 10 foot high pole with a wind vane will be placed within the footprint of the equipment. The support structure will be attached to the concrete pads and the compressors will be connected to a new electrical panel on the existing wooden power pole. The equipment will be surrounded by a 6 foot high fence with a locking gate. Each compressor will supply air to a diffuser base which will be installed on the Canal bottom the width of the Canal mouth. The contractor will be responsible for replacing in -kind any damage to private property. ,Specifically, work to be performed on the Property is identified on Exhibit "B ". The Property Owner, for and in consideration of the mutual covenants previously acknowledged, and of the benefits accruing to Property Owner by the Weed Barrier installation, as referenced above, hereby grants and conveys to the County, its agents and assigns, an easement and right of entry to run in perpetuity for purposes of initial construction and subsequent periodic maintenance, attached hereto and made a part hereof as ;Exhibit "C" over the Property to access and construct the Weed Barrier Installation Project as identified in Exhibit "B." In addition, the Property Owner agrees to sign application and/or permission forms as required in order to proceed with the project, such as application to place structures and equipment on the property. 3. Once the Weed Barrier Restoration Project is complete, the Contractor will return the property to its original or better condition which includes re- grading, re- sodding or resurfacing of disturbed areas. 4. The Property Owner, inconsideration of the mutual covenants previously acknowledged, hereby grants and conveys to the County, an Easement and Right of Entry over the Property and 2 Canal, for the purpose mui forth in this Agreement, said Ri ofBnLry gi to the County and their assigns f the date the Notice bo Proceed im issued nn the contractor. 5. The County may terminate this Agreement at any time upon written notice to the Property Owner, notice is to be mailed to Property Owner at 3l44I Avenue [Big Pine Key FL 33043-4650. If County 1cnninuieo prior to construction or if another site is cbooco the agreement and uasernen\arm null and void; and no consideration will hc due from either party. Accordingly, based upon the mutual covenants contained Moccio, Property (lvvncr may not terminate this Aameennect after execution by hodb parties. h. The indemnificat defense, and bm]d bncmJoox ymoviuk»un contained herein mbol survive termination and shall remain in f force and effect with regard to any and all claims, umlm, judgments, demands, liabilities, damages, cost and expenses which may arise now or in the future that are determined to be a result Vf the Weed Barrier Restoration Project. 7. The County shall grant nmthe Property Owner ocredit equal 0m ibc[VCSB3lJ imposed for the Operation and Mmiotcnaucc, including electrical cna1 of the equipment o)mond on the Property Owner's property. At such time nmthe equi im removed from t Prop Owner's prop the Property (}wucr mbnl] no longer beeligible to receive the credit and ubuJi he subject to the MSDUJ. [Remainder of this page left intentionally blank — signature page to follow) 3|Pa-�e IN WITNESS WREREOF, the parties have executed this HOLD HARMLESStMAINTElslANCE AGREEMENT AND EASEMENT on this day of , 2017. ATTEST: Cleric of Courts Signature of :David N. Bell Jr: WITNESS to David N. Bell Jr: Witness Print Witness Narne Date:. MONROE COUNTY, FLORIDA Board of County Commissioners By: Mayor Date: By: D td N. B ' Pr e ty Owner By: Date: W j STATE OF FLORIDA COUNTY OF MONROE g g g .� a _ y 6 " ` �'- .. by David N. The fore instrument was acknowled before me this d a y of Bell Jr, the owner of the property listed above. Who individually is personally known to me or individually has produced his t r - ' as identification. Si ature of No r'y Pu lie Print Notary Name or Stamp Commission No. My commission expires: 't c- C o r t 12 C' i 41` Exhibit "A" 25 66 29 BIG PINE KEY FILLED BAY BTM ADD BK 51 SANDS ,SUB PB 1 -65 (11 DEED 22579) CR348 -443 OR757 -595 ORI679 - 2219/AFF OR 1679-2221 OR2 55- 2054D/C OR2455- 2059/60 OR2487 -79/80 OR2519- 868/690 OR2519 -870 OR2724 -1464 Im A tract of land in a part of Block 51 of SAND'S SUBDIVISION as recorded in flat Beek 1, Page 65 of the Public Records of Monroe County, Florida, and also filled lands and being more particularly described by metes and bounds as follows: Commencing at the Southwest comer of Block 51 bear East for a distance of 450 feet to the point of beginning of the tract of land hereinafter described; thence North for a distance of 100 feet to a point; thence East for a distance of 75 feet to a pointy thence South for a distance of 100 feet to a point, thence West for a distance of 75 feet back to the Point of Beginning. 5 l Exhibit "B" Proposed Construction Activities Exhibit "C" GRANT OF EASEMENT AND RIGHT OF ENTRY On this j ' day of "v' 7 " , 1, David N. Bell Jr ( "Owner"), in consideration of the benefits accruing to us, do hereby give, grant, bargain, and release to MONROE COUNTY ("County"), a political subdivision of the State of Florida this Grant of Easement and bight of Entry under, over, across and upon the property described as 31441 Avenue 1, Big Pine Key, Sands Subdivision, as recorded in Plat Book 1, Page 65 of the Public Records of Monroe County Florida. 1. The Owner does hereby state that he has sufficient authority and title to grant this easement and right of entry. 2. The Owner agrees that the property may be used during the County's Weed Barrier Restoration Project and for future maintenance of structures and equipment. During the Weed Barrier Restoration Project, two 2.5' x 25 concrete pads will be constructed on the northeast corner of the Property. Eight rotary vane compressors, 3f4 horsepower, will be installed . inside of two noise reducing boxes which will be located on an elevated support structure 4 feet from existing ground. A 10 foot high pole with a wind vane will be placed within the footprint of the equipment. The support structure will be attached to the concrete pads and the compressors will be connected to a new electrical panel on the existing wooden power pole. The equipment will be surrounded by a 6 foot high fence with a locking gate. Each compressor will supply air to a diffuser base which will be installed on the Canal bottom the width of the Canal mouth. 3. The Proposed Work to be performed on the property is generally identified on Exhibit "B" as Proposed Construction Activities, however Owner agrees that this is not a complete list of equipment that may be required to accomplish the work and agrees that the amount and type of equipment is to be determined by County in its sole discretion. 4. All work on the Property shall be accomplished under permits acquired by the County or its agents. 5. Owner shall furnish and maintain the easement area free of any obstruction and shall not construct, place, or allow the placing or construction of any obstruction which would interfere with County's safe or proper installation, operation, maintenance, inspection, or staging and use of equipment located in the easement area. b. Owner affirms that the Property where the structures and equipment will be placed, on the date of execution of this document, contains no obstruction to the Proposed Work contemplated in this Easement. Any obstruction to the safe or proper operation, maintenance, or staging of equipment located on the land at the beginning of the Project or during the Project not placed on the land by the County or its agents, may be removed by the County at Owner's expense. The County or its agents shall notify Owner of any such obstruction prior to any action in this regard and allow Owner time to remove obstruction; except for emergency conditions during which the County may require immediate, unobstructed access to the Facilities. 7 7. The Contractor will return the property toits or or better condition which includes re- grading, re-sodding or resurfacing of disturbed areas, and replacement of the concrete seawall. 8. Monroe County, or its agent Anvcc Foster VVhcck:r, will photograph the property to s and agai after restorat is complete and send the photographs 10 the O**ucr. The Owner shall inspect the photographs and/or the property and advise the County n, its agent of remk)mu1ioo concerns which the Owner believes should be alleviated by the contractor. These concerns shall be discussed and resolved bc1o/eeo the Owner, the County and the contractor prior to the expiration oftbomix(0)cunndhcomatruc600uccomsperiod. 9. This easement will run with the land in perpetuity and will be binding on and will inure to the benefit of the parties hereto. 10. The Grantor warrants that it has full power of authority 10 �runr|b� easement. fRemainder of this page left intentionally blank — signature page to follow) 81Paje IN WITNESS WHEREOF, the parties have executed this Easement and Right of Entry on this day of ATTEST: Clerk of Courts Signature of David N. Bell Jr: WITNESS to David N. Bell Jr: Witness Print Witness Name Date:- NIONROE COUNTY, FLORIDA Board of County Commissioners By: Mayor Date: By: Davo'. Be ��Pro e Own By: Date: 3 cf 7 STATE OF FLORIDA COUNTY OF MONROE 7 The foregoing instrument was acknowledged before me this 16� day ol ' by David N. Bell Jr, the owner of the property listed above. Who individually is personally known to me or individually has produced his I Q -- as identification. S i ' attire of Nory i ature of rm r ' , Commission No. My commission expires: � 91 il AIA Eikil I Florida 19 2517 2156 rough Nat imp Nullify Assn, Commission No. My commission expires: � 91 il CODES EFFECTIVE 70120154 n13C Fifth Edition (2014) AGREEMENT National Electric Code 2011 MONROE COUNTY FLORIDA (Effective 8116116) WARNING TO OWNER YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT W11 YOUR LENDER OR AN ATTORNEY BEFORE RECORDING NOTICE OF COMMENCEMENT. (FL Building Code 105.8) i A certified copy of the recorded Notice of Commencement or a notarized statement from the owner of the property or the owner's authorized agent (including any contractor that has been authorized below) stating th �;i Notice of Commencement has been filed for recording to the Monroe County Clerk's Office for recording glong with a copy of the Notice of Commencement submitted for recording, must be submitted to Building Department and posted on the job site before the first inspection. (FS 713-13(i)(a), 713.13(l)(d)) (initial If Applicable: owner/ mnkamor/agntofreomgforUheounstmctionopplied for in this application, |agree that | will comply with the provisions of Florida Statute 48g.003 and *on*hy the DEpofmy intent xodomoishJrom*vao structure o& the above address and remove )aotoa, when applicable, im accordance with state and federal law. pon completion nf project for which I have made application for a Building Permit, I must pay the pro-rated residential solid waste 3sessment, or show proof of commercial service with a franchised commercial collector prior to issued Certificate of Occupancy. In addition to the requirements of this permit, there may be additional restr applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such oawater management districts, state agencies or federal agenciee." AFFIDAVI ° Application is hereby made to obtain a permit todm the work and installations aoindicated. * | certify that no work or installation has commenced prior tothe issuance of a permit and that all vxunk will be performed to meet the standards of all laws regulating construction in this jurisdiction. • | understand that separate permit (sub on a permit) must be secured for Electrical, Plumbing, Signs, A/C, etc. as appropriate. • / hereby certify that all of the foregoing information is aoounaba and that all work will be done in compliance with all applicable |mvvs pngm|sd|ng construction and zoning. • | understand that notification from County regarding permit status is communicated via Email or Phone, If this information is not provided or updated with the County throughout the |iha of the permit, the County will not be able to provide notification service, � The homeowner hereby expressly acknowledges and agrees that it is the responsibility of the homeowner to ensure all permits are closed following final inspections and failure todoyu may likely interfere with homeowner's ability to sell the property identified |n the permit. " | understand that permit fees paid upon submission of application are non-refundable Owner .� Qualifier David-Sell if—, M � Date NOTARY Signat NOTARY Signature ssta Owner � aninQualifier This day of 20 he/she is personally known tomau has prod ____ as identification and who did (did not) take an oath. My Commission Expires on wmmmm *ators',BuILDINC, APPLICATION v9 dacx - Updated wvovo