01/21/2015 Agreement PA
s CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
•
DATE: February 9, 2015
TO: Roman Gastesi
County Administrator
ATTN: Connie Cyr
FROM: Lindsey Ballard, D. C.J-
At the January 21, 2015 Board of County Commissioner's meeting the Board granted approval
and authorized execution of Items:
x/ Item K2 Agreement with Alejandro and Betsy Fernandez for $10,000 for a temporary grant of
easement and right of entry for use of their property located at 11 Pigeon Drive in Key Largo, during
construction of the canal backfilling water quality improvement demonstration project at Canal #29,
Sexton Cove, Key Largo.
Item K4 Agreement with Adventure Environmental, Inc. for $1,360,000.00 for construction of the
canal backfilling water quality improvement demonstration project at Canal #29, Sexton Cove, Key
Largo.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any
questions, please feel free to contact my office.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305- 295 -3663
o 1 V 1 A fl fl L D 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 -289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
[2 a1 ar�is 1
Docii 2015006 02/06/2015 3:11PN
Filed & Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
Hold Harmless/Maintenance Agreement between
Monroe County, Florida
And
Alejandro and Betsy Fernandez
Regarding The Docit 2015006
Canal #29 Backfilling Project Blot 2723 Pgp 1992
THIS AGREEMENT (the "Agreement ") is made and entered into by Monroe County,
Florida, a political subdivision of the State of Florida (the "County "), whose address is 1100
Simonton Street, The Gato Building, Room 205, Key West, FL 33040 and Alejandro and
Betsy Fernandez (the "Property Owner "), whose home address is 8830 NW 176 Lane, Miami
FL 33018.
WHEREAS, the Property Owner owns that certain real property located at 11 Pigeon
Drive, Key Largo, FL 33037, whose Parcel Identification Number is 532701.0328, which
property abuts that body of water commonly known Canal #29 (the "Canal") more
specifically identified in Exhibit "A" attached hereto and incorporated herein (the
"Property "); and
WHEREAS, the County is not under any obligation to dredge, fill, or maintain the
Canal in any way; and
WHEREAS, the Property Owners, whose property abuts the Canal, have agreed to
assist the County with this demonstration backfilling project to aid in the improvement of
water quality within the Canal (the "Backfilling Project "); and
WHEREAS, as part of the Backfilling Project, the County will utilize the Property to
store backfill material and equipment, and will make other modifications as required or
allowed by permit, for a period of up to 120 days or until the project is completed following
placement of initial backfill material, more specifically identified on Exhibit "B" attached
hereto and incorporated herein; and
WHEREAS, All work on the Property shall be accomplished under permits acquired
by the COUNTY or its agents, the State or other regulating agencies. From time to time the
Property Owner may be required to sign applications or other documents so that appropriate
permits, or approvals may be obtained. The Property Owner agrees to sign such documents;
and
WHEREAS, the Property Owner, whose property abuts the Canal is aware of the
potential danger to their property, the existing shoreline, docks, seawalls, trees and other
collateral damage which may not be readily apparent or which may not manifest itself until
long after the Backfilling Project is completed; and
WHEREAS, in spite of the inherent risks the Property Owner has requested the
Backfilling Project go forward, the Property Owner, in exchange for the County's agreement to
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Doc$ 2015006
Bk$ 2723 Pg$ 1993
compensate the Property Owner, agrees to hold the County harmless, now and forever, from
any liability related to the Backfilling Project performed within and about the Canal.
NOW, THEREFORE, for and in consideration as set out below 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:
1. Consideration for this Agreement shall be a sum not to exceed Ten Thousand
Dollars ($10,000.00), which shall be paid in the amount of Two Thousand Five Hundred
Dollars ($2,500.00) per month for four months. If the project is completed in less than four
months the final payment shall be the remainder of the Ten Thousand Dollars remaining
unpaid. If the project extends past the four months there will be no additional payments in
excess of Ten Thousand Dollars. The first payment shall be paid to the Property Owner in the
first month after the Notice to proceed is issued by the County.
2. 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 backfilling of the Canal 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 their willingness to provide the above
indemnities was a specifically bargained for provision of this Agreement and that specific
consideration was provided for their respective above indemnities and the County
acknowledges that the willingness of the Property Owner, respectively, 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.
3. During the Backfilling Project, fill material will be placed on the subject
property using heavy equipment and will be transported from the property by a conveyor
system to the canal. 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 placement of fill material
and equipment as referenced above, hereby grants and conveys to the County, its agents and
assigns, a temporary construction easement and right of entry, attached hereto and made a part
hereof as Exhibit "C" over the Property to access and construct the Backfilling Project as
identified in Exhibit "B." This easement shall expire upon the completion of the construction
of the Backfilling Project.
4. The County will remove and store the existing fence on the Property, as
necessary, and will erect a construction fence for the duration of the Backfilling Project. Once
the Backfilling Project is complete, the County will replace the Property Owner's original
fence and property to its original or better condition which includes re- grading and re- sodding
of disturbed areas
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Doc 2015006
Bkp 2723 Pg# 1994
5. The Property Owner, in consideration of the mutual covenants previously
acknowledged, hereby grants and conveys to the County, an Easement and Right of Entry over
the Property and Canal, for the purpose of accessing the Canal, said Right of Entry given to the
County and their assigns for a period not to exceed six (6) months from the date of the Notice
to Proceed is issued to the Contractor.
6. The County may terminate this Agreement and Easement at any time prior to
the beginning of storage on the property or installation of the construction fence upon written
notice to the Property Owner. If the County terminates the Agreement the Property owner will
not receive monetary consideration under the Agreement; however if the property has been
disturbed by the County the property will be replaced to its condition before the County made
use of the property. Accordingly, based upon the mutual covenants contained herein, Property
Owner may not terminate this Agreement. The indemnification, defense, and hold harmless
provisions contained herein shall survive termination and shall remain in full force and effect
with regard to any and all claims, suits, judgments, demands, liabilities, damages, cost and
expenses which may arise now or in the future that are determined to be a result of the
Backfilling Project. a°44
IN WITNESS WHEREOF, the parties have executed this Agreement on th of
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' int Witness Name_ By. IRV : Ix a • N E- ~
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Date: .2/2 /i1/ A1ehdro ' ndez, Property Owner O Q S Z c Date: Z S ¢ o
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me th a day of 6 . , 'o'S by Betsy
Fernandez and Alejandro Fernandez, owners of the property listed above. Who individually are
persona_ known to me or individually have produced their .IVY'' as identification.
Si a, s ; �. otary Public
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' Commission No. I ..::,14'4' '.- EZ
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Bkp 2723 PO 1995
Exhibit "A"
BK 11 LT 43 SEXTON COVE ESTATES KEY LARGO PB6 -30 OR714 -390 OR714 -391
0R1208- 268/69 OR1220 -12/13 OR1569- 2306/08TR/D OR1948- 1037/38Q/C OR1953-
2317/18Q/C OR1980- 59 /60C -Q /C 0R2075 -139
OR
Lot 43, in Block 11, of SEXTON COVE ESTATE, according to the Plat thereof, as recorded in
Plat Book 6, Page 30, of the Public Records of Monroe County Florida
4IPage
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Doe! 2015006
Bkst 2723 Pg# 1996
Exhibit "B"
Proposed Construction Activities
CONTRACTOR SHALL REMOVE 1 20 LF Oc
THE EXISTING 4 CHAN LINK FENCE
TO ALLOW FOR TRUCK LOADING/UNLOADING.
THE FENCE SHALL BE REPLACED IN-KIND
CONVEYOR SYSTEM PLACED THROUGH FOLLOWING CONSTRUCTION ACTIVIT
THE MANGROA FR=NGE ALONG CANAL SEE SHEET C240 AND NOTE 2 BELOw,
7 0 MINIMIZE ImPACTS
BARGE WITH FRONT ENO EXCAVATOR
/ AL TERNATNE STAGING
TO PLACE THE MATERIAL IN CANAL \ I AREA 01 FOR BACKFILL
AS DESCRIBED IN THE TECHNIC:AL 1, \ i MATERtAL. THE MATERIAL
SPECIMAT , IONS , ., i - WILL BE STORED ON THE EMPTY
1 LOT AND A CONVEYOR SYSTEM WILL
. 1 \
li IL
EXISTING AERATOR DRIVE \ \ BE PLACED THROUGH THE MANGROVES
POEON
7 '0 BE REMOVED \ i TO THE BARGE SYSTEM,
BY HOMEOWNERS -N \\ \ --- ExisTINC 4.' CHAN
TO CONSTRUC-PON , 4' •. • . • . - , LINK FENCE
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imi
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r tockfti,i. AREA
xxxxxx SUBJECT PROPERTY
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WIWA COWYPNXa., 2O
DoeII 2015006
Bk# 2723 PO 1997
Exhibit "C"
TEMPORARY GRANT OF EASEMENT AND RIGHT OF ENTRY
A4 °ice
On this of day of )--. ,edme Y , we, Alejandro and Betsy Fernandez ( "Owners ") 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
Temporary Grant of Easement and Right of Entry under, over, across and upon the property
described as Lot 43, Block 11, of SEXTON COVE ESTATE, according to the Plat thereof,
as recorded in Plat Book 6 Page 30; of the Public Records of Monroe County Florida.
1. The Owners do hereby state that they have sufficient authority and title to grant this
easement and right of entry.
2. Owners agree that the property may be used during the County's Backfilling Project, fill
material will be placed on the subject property using heavy equipment and will be
transported from the property by a conveyor system to the canal. 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.
3. All work on the Property shall be accomplished under permits acquired by the COUNTY
or its agents, the State or other regulating agencies. From time to time the Property Owner
may be required to sign applications or other documents so that appropriate permits, or
approvals may be obtained. The Property Owner agrees to sign such documents.
4. Owners 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.
5. Owners affirm that the Property is, on the date of execution of this document, vacant land
and contains no obstruction to the Proposed Work, other than those listed in paragraph 6
below, 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 Authority 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.
6. The County will remove and store the existing fence on the Property, as necessary, and
will erect a construction fence for the duration of the Backfilling Project. Once the
Backfilling Project is complete, the County will replace the Property Owner's original
fence and property to its original or better condition which includes re- grading and re-
■ .
DOCp 2015006
Bkit 2723 POI 1998
sodding of disturbed areas.
7. This Temporary Easement and Right of Entry will expire one year after the signing of
this agreement or upon Termination of the Hold Harmless/Maintenance Agreement or
upon completion of backfilling activities, whichever occurs first.
e
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
/j%` �( +1T ' i„ 1 .20X
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a e,
MONROE COUNTY, FLORIDA Ah
\o. r o r ouRs AMY HEAVILIN ar f Coun ers
c•.. , ..,. 0 Deput ' Clerk a
WITNE • ' By: Betsy Fe . j . P operty Owner
Alej .;tel'aan ; tsy Fernandez:
_<%'' /. ( By: 4111L.
Wi I s ✓ Date: £ ___ /�
. geeeniR -.$)a E z- 110 Print Wi ss ame
Date: .- / BY:
Aleja ∎ • e ' operty Owner
Date: '
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this v day of/ *Q. , 4 /. 1 " -- by Betsy
Fernandez and Alejandro Fernandez, owners of the property listed a ve. Who individually are
personall � own to me or individually have produced their /l) i9 as identification.
S i !,..irr Notary Public
5..a Commission No FT, ;;r.� E F6iami
6%• fER ; N 96 y My commission expi :'t `• MYGO sgNtFFOI�
' Notary Name or 1 , , N i�`rr' Bo.a•d May 201
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Stamp
OFFICIA COUNTY