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.. ) CLERK OF CIRCUIT COURT & COMPTROLLER R,i I MONROE COUNTY,FLORIDA
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DATE: April 24, 2015,
TO: Roman Gastesi
County Administrator
ATTIC• Connie Cyr
FROM: Lindsey Ballard, D.C&.
At the April 15, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item M6 to enter into an Agreement with Jerry Shemin for a temporary grant of
easement and right of entry for use of their property located on Witters Lane, Big Pine Key, Parcel
Identification Number 00310490-000000, during construction of the canal organic removal water quality
improvement demonstration project at canal#266, Doctor's Arm Subdivision, Big Pine Key.
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 (Electronic Copy)
Finance (Electronic Copy)
File
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500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
30fPil&BILE-0 3117 Overseas Highway,Marathon,FL 33050 Phone05-289-6027 Fax:305-289-6025
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0 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
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HOLD HARMLESS/MAINTENANCE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY,FLORIDA
AND
JERRY SHEARIN
REGARDING THE CANAL#266 ORGANIC REMOVAL PROJECT
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 Jerry Shearin (the
"Property Owner"), whose home address is 3021 Beraswell Mountain Rd., Vallas, GA 30132.
WHEREAS, the Property Owner owns that certain real property located at Lot 48 on
Witters Lane, Big Pine Key, FL, 33043. Parcel Identification Number is 00310490.000000,
which property abuts that body of water commonly known Canal #266 (the "Canal") more
specifically identified in Exhibit "A" attached hereto and incorporated herein(the "Property");
and
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WHEREAS, the County is not under any obligation to dredge, fill, or maintain the
Canal in any way; and
WHEREAS, the Organic Removal Project is a voluntary project, and the Property
Owner has fully agreed to the Organic Removal Project scheduled for the canal which abuts
the Property; and
WHEREAS, the Property Owner, whose property abuts the Canal, has agreed to assist
the County with this demonstration Organic Removal Project to aid in the improvement of
water quality within the Canal (the "Organic Removal Project"); and
WHEREAS, as part of the Organic Removal Project, the County will utilize the
Property to temporarily store roll-off containers lined with geotextile bags which will provide
for the placement and dewatering of dredge spoil material from Canal #266, or other
containment methods; and will make other modifications as required or allowed by permit, for
a period of up to nine (9) months or until the project is completed following issuance of a
Notice to Proceed to the Contractor,more specifically identified on Exhibit"B"attached hereto
and incorporated herein; and
WHEREAS,the County or Contractor,not the Property Owner,will obtain the requisite
permits necessary for construction of the project; and
WHEREAS,the County, its consultants, and the Property Owner acknowledge that the
configuration of the Canal and the existing shoreline of the Canal may be such that during the
Organic Removal Project, possible instability of the Canal area may pose a danger to the
property abutting the Canal and structures thereon, including but not limited to damage to
docks, seawalls,trees, banks, and other vegetation, and other collateral damage which may not
be readily apparent or which may not manifest itself until long after the Organic Removal
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Project is completed; 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 Organic Removal Project is completed; and
WHEREAS, in spite of the inherent risks the Property Owner has requested the Organic
Removal Project go forward. The Property Owner, in exchange for the County's agreement to
remove organic material from the Canal, agrees to hold the County harmless, now and forever,
from any liability related to the Organic Removal Project performed within and about 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:
1. 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 organic material from 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 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 Organic Removal Project, roll-off containers lined with geotextile
bags, or other containment measures, will be temporarily installed on the property using heavy
equipment and dredge spoil will be pumped out of the canal for the purpose of dewatering.
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 temporary placement of dredge material and roll-off
containers lined with geotextile bags, or other containment measures, 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 Organic Removal Project as identified in Exhibit"B." This
easement shall expire upon the completion of the construction of the Organic Removal Project.
3. The Contractor will erect a construction fence for the duration of the Organic
Removal Project. Once the Organic Removal Project is complete, the Contractor will replace
the Property Owner's original fence, if one was present,and will return the property to its original
or better condition which includes re-grading and re-sodding of disturbed areas.
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4. 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 set forth in this Agreement, said Right of Entry given to
the County and their assigns for a period not to exceed one (1)year from the date the Notice to
Proceed is issued to 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 3021 Beraswell Mountain Rd.,
Vallas, GA 30132. Accordingly, based upon the mutual covenants contained herein, Property
Owner may not terminate this Agreement after execution by both parties and upon written Notice
to the County in care of Rhonda Haag at Murray Nelson Government Center, 102050 Overseas
Highway, Suite 2-246,Key Largo, FL 33037. Notice is effective upon mailing.
6. 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 Organic Removal Project.
IN WITNESS WHEREOF, the parties have executed this Agreement on this IS 'day of
. ¢_ , v' 201 S �a yUf c on eCfi� ), 11,E
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,N -. .'•' NESS to By: erry Shearin,Property Ow 'xa `%,,
Jerry Sh 'n: J '•
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itne s Date: Nan - 1.- .fit
Print Wes Name 1 J �ait% •.......
Date: U_ it 1 I'd it I1`"�
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , by Jerry
Shearin, owner of the property listed above. Who individually is personally known to me or individually
has produced his as identification.
Signature of Notary Public
Commission No.
Print Notary Name or Stamp My commission expires:
Exhibit "A"
MONROE COUNTY ATTORNEY
PPROVED AS TO F M:
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NATILEENE W. CASSEL
3 ASSISTANT COUNTY A TORNEY
Date-o____y— /S-/
BK 1 LT 48 DOCTORS ARM SUB PB3-141 BIG PINE KEY OR245-273-274 OR799-1637
OR1014-1954 OR1017-2374 OR1196-1247AFF OR2074-208/09
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Exhibit "B"
Proposed Construction Activities
HYDRAULIC VACUUR DREDGING I
' SYSTEM BARGE OUR I I f
PUMPTOTSPOSTL
THE MATERIAL TO THE OAILEYS LANE—— I _______ —_ L
__ STAGING AREA.SEE SHEET C310,- -__—__ _._.__ ,__T___ __ ____
I 1 C311.C330 AND C331 FOR CAN/A. 265 —�_ —
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ADDITIONAL DETAILS.
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i I ALTERNATIVE DEWATERING STAGING AREA#2 I I -,-.�
a , UTIIJZING EMPTY LOT PARCEL ID @ 310490. f., {CALL onv ftsvak.ftTA(oeT ACRES)
1 I THE STAGING AREA WILL CONSIST OF ROLL I IY -•I st.ta r
I , OFF CONTNNERS LINED WITH GEOTEXTILE i I ! 1 I I ,__ _,ua'4oE COWEN PA4CaS.2010
RAGS AND APPROVED FDEP POLYMER SYSTEM. I I
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WATSON BLVD __[ ,__ .__J_
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Exhibit"C"
TEMPORARY GRANT OF EASEMENT AND RIGHT OF ENTRY
On this 1 St'' day of f}p V►1 DID 15 ,I,Jerry Shemin ("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 Temporary Grant of Easement and
Right of Entry under, over, across and upon the,property described as Lot 48, in Block 1, of
DOCTORS ARM SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3,
Page 141, 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 Organic Removal
Project and roll-off containers lined with geotextile bags, or other containment measures,
will be temporarily installed on the property using heavy equipment and dredge spoil will
be pumped into roll off containers out of the canal for the purpose of dewatering.
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.
6. Owner affirms that the Property is, on the date of execution of this document, vacant land
and 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. The County will remove and store existing fences on the Property, as necessary, and will
erect a construction fence for the duration of the Organic Removal Project. Once the
Organic Removal Project is complete,the County will replace the Property Owner's
original fence, if present, and return the property to its original or better condition which
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includes re-grading and re-sodding of disturbed areas.
8. 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 Dredging activities,whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
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WITNESS to By:Jerry earin,Property Owner
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Witn ss Date: )z c. �S -11-) :.e. ,,,........
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Date:_ 121I►\1i IZI i1 11 • •,'A .ti0, .
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of , by Jerry
Shearin,owner of the property listed above. Who individually is personally known to me or individually
has produced his as identification.
Signature of Notary Public
Commission No.
My commission expires:
Print Notary Name or
Stamp
MONROE COUNTY ATTORNEY
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