Phillip H III and Teresa D Ross HOLD HARMLESS/MAINTENANCE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
PHILIP H III AND TERESA D ROSS
REGARDING THE CANAL #472 and #470
CULVERT INSTALLATION GEIGER KEY 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 Philip H III and Teresa
D Ross (the "Property Owners "), whose address is 263 Mars Lane, Key West, Florida 33040 -6311.
WHEREAS, the Property Owner owns that certain real property located at 184 Venus Lane
Geiger Key. Parcel Identification Number is 00147016 - 003500, which property abuts that body of
water commonly known Canal #472 (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 install or maintain the culvert
connecting the canals in any way; and
WHEREAS, the Culvert Installation Project is a voluntary project, and the Property Owner
has fully agreed to the Culvert Installation Project scheduled for the canal which crosses a section
of their Property; and
WHEREAS, the Property Owner, whose property abuts the canal, has agreed to assist the
County with this demonstration Culvert Installation Project to aid in the improvement of water
quality within the Canal (the "Culvert Installation Project "); and
WHEREAS, as part of the Culvert Installation Project, the County will utilize the Property
to install a concrete reinforced elliptical culvert and will make other modifications as required or
allowed by permit, for a period of up to six (6) 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 o forms the
order for the contractor to the Property;
Owner
o required to
sign certain application or permission
the Property Owner, whose property the culvert crosses 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 Culvert
Installation Project is completed; and
WHEREAS, in spite of the inherent risks the Property Owner has requested the Culvert
Installation Project go forward. The Property Owner, in exchange for the County's agreement to
install a culvert, agrees to hold the County harmless, now and forever, from any liability related to
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the Culvert Installation 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
installation of a culvert 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 Culvert Installation Project, a 10 foot wide trench will be excavated to place
a 24 inch by 38 inch reinforced concrete elliptical culvert in the trench. Approximately 27 linear feet
of the culvert is located on the subject property. During the installation of the culvert a 10 foot wide
section of concrete seawall located along the canal will be removed and replaced. The Property Owner
acknowledges that these dimensions may not be exact but are believed to be close to what will be
installed. 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 culvert installation, as referenced above, hereby grants and conveys to the
County, its agents and assigns, a construction easement and right of entry, attached hereto and made a
part hereof as Exhibit "C" over the Property to access and construct the Culvert 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 a culvert on the
property.
3. Once the Culvert Installation 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 and replacement of the concrete seawall.
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 from the date the Notice to Proceed is issued to the contractor.
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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 263 Mars Lane, Key West, Florida
33040 -6311. If County terminates prior to construction or if another site is chosen the agreement
and easement are null and void; and no consideration will be due from either party. 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 Culvert Installation Project.
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IN WITNESS WHEREOF, the parties have executed this HOLD HARMLESS/MA
INTENA' CE
AGREEM ► D EASEMENT on this 1 S day of , 2015. >- A = _r 1 • MONROE COUNTY, FLOR cc fr o ;
41 0 Cl: if: 1, County Commissioners '' w
U
�3 By: a • w.
1AUM. CLERK - V
` __ •
? G 0L " • • Date: 7I/ / s o o F' ,
� WO pZ
Signature i ,j� , , ip H III and Teresa D Ross: w a a z
cn
WITNESS to By: Philip H Ross III, Property Owner 1 ---,, a a
Phi • ',s II� -v 4 �-�1� ^4 // //t
Witness Date: t _ it'�t
vt h. 1LSt rntnS
Print Witness Name
Date: t1 at \IS
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this - - „bb day of ,'�( , DOts by Philip H
Ross III, the owner of the property listed above. Who individually is personally known to me
h.•• _ - - •
Signature of Notary P blic F 1 ( AO � . A A• Commission No.
My commission expires: t zs I
el int Notary Nam o S
"NN,, JUDITH KATHERINE SIMONS
a'" —.1� r % Notary UAW • State of Florida
WITNESS to ' ' MY Ca """' 1 " 0 " Jan 25, 2019 B T- sa D Ross, Property Owner
�, Commission I FF 105107
Teresa D o s s : ., 9cM1eo through N o t i o n a l Assn. B
--- ���-:• ......- .� -..,_ Date: ,_
l 3.Sf , �1 5
fitness t)
3 wk. AA tli& I al
Print Witness Name
Date: t `Etch 1
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 2� day of 3(\ , 20 I� by Teresa D
Ross, the owner of the property listed above. Who individually is personally known to me or -i t t -has
e Signature of Notary Public
/ Commission No. F F ICpSIOl
i
My commission expires: 1(2-41
rint Notary N ame o r Stamp
., JUOITH KATHES ; L IMO a
�' . 11 4;s Hotary Public
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J� issptn * SF 195107
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Exhibit "A"
BK 13 LT 12 AND BK 11 ELY 12FT LT 14
C OR898- 68 OR1049 1997 OR1281 878/ TAMARAC R134 -5 2/553 OR11669- 443/44 7
OR2 09- 1166D/C
1
OR2709- 1167/68
OR
Lot 12, Block 13, plus adjacent 12 feet of Lot 14, Block 11 TAMARAC PARK SUBDIVISION, GEIGER KEY,
as recorded in Plat Book 6, Page 55, of the Public Records of Monroe County, Florida.
5IPage
Exhibit "B"
Proposed Construction Act
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t,<.. - -'� _,..• .y _ .. -- �-w�' CONfXlEiE LLL �IPk: W � �yJy,
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-=� ~ ~� REMOVE CONCRETE SLAB AND r •" .x..4 r + dy • _ i
r ���'� TAAI F BEFORE CONSTRUC • - _ -
AND REPLACE AFTER COMPIE'••'ON
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REMOVE CLEATS AND PVC
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' CONSTRUCTION CONSTRUCTION AND REPLACE FA-IC I 1I) 716/ 76 [ ,
_ - . +,W�r.r AFTER COMPLELICV. REMOVE AND REPLACE 1 - C 470' 60 rr i
�' - A 10' SECT ON OF THE 3.4' WIDE CONCRETE ;
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REMOVE AND REPLACE ( N , snIFNIW 1
i - A 10' SFCIRNI CF IHF CANAL 94/2 gIR 1l N1 E = '-`- �• _ x
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Exhibit "C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
C l
On this day of A4.1 cO , I, Philip H III and Teresa D Ross ("Owners "), in
consideration of the benef 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
Right of Entry under, over, across and upon the property described as 184 Venus Lane, Geiger
Key, Block 13, Lot 12, as recorded in Plat Book 6, Page 55, 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 Culvert Installation
Project. During the Culvert Installation Project, a 10 foot wide trench will be excavated to
place a 24 inch by 38 inch reinforced concrete elliptical culvert in the trench. Approximately
27 linear feet of the culvert is located on the subject property. During the installation of the
culvert a 10 foot wide section of concrete seawall located along the canal will be removed
and replaced. The contractor will be responsible for replacing in -kind any damage to private
property. Property Owner acknowledges that these dimensions may not be exact but are
believed to be close to what will be installed
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 where the culvert 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.
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7. The Contractor will return the property to its original 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 AMEC, will photograph the property prior to staging and again
after restoration is complete and send the photographs to the Owner. The Owner shall inspect
the photographs and/or the property and advise the County or its agent of restoration concerns
which the Owner believes should be alleviated by the contractor. These concerns shall be
discussed and resolved between the Owner, the County and the contractor prior to the
expiration of the six (6) month construction access period.
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 to grant this easement.
intentionally blank — signature {Remainder of this page left ante y gn ature page to follow}
81 Page
IN WITNESS WHEREOF, the parties have executed this Easement and Rights ' • on
this day of A, iJ) / 5 , o'0 /S.
AT ' MONROE COUNTY, FLORIDA
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Cle a n; • Rot Boar. wunty Co 1 „' ssio s - Li, � 4/1) � � wuN, c tuc By: ..e / r: o N
. -.) l �� Date: 1 15 )5 i o w � Signat • III and Teresa D Ro s s: v
O
WITNESS to By: Philip H ' HI, Property Owner '- a a
'lip HRossIII: .a
p 4Q. --�,3 •VW► A .., By: ' � � (_1 2 Q o
W to ,ss Date: Fm
vc,t► cl
Print Wi es Name
Date:,
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 2 0 day of S(}Y\ , 2.O 1'( by Philip H
Ross III, the owner of the property listed above. Who individually is personally known to me or-
Signature of Notary Publi,
� Commission No. _ ((o S U1
0 My commission expires: ►1�-��� (9
'rint Notary Name or Sta • • • •
s• JUDITH -StatiNEe SIMONS
• k S S E M Comm Expires JJan 25, 2019
WITNESS to . Commission * FF 165107 By: ; esa D Ross, Property Owner
` Teresa D ' • ss: '' ,: ,: Bonded through National Notary Assn.
i A B• 1
I Witness < Date: 0 1 la ri go r
Print Witness a
Date: (I u I,
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this 2 day of , Zai c by Teresa D
Ross, the owner of the property listed above. Who individually is personally known to me or -wally
Signature o Notary Public � Commission No. F' IL C 1 o
My commission expires: MEI cl
rint Notary Name or Stamp _--
1
, �„ Y ,p.,,, � JUDITH KATHERINE SIMONS
. t ' Notary Public - State of Florida
91 Page •E My Comm. Expires Jan 25, 2019
Commission • FF 165107
N Baidsd *sup National Notary Assn.