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‘' N Amy HEAvILIN, CPA
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J 0,- . CLERK OF CIRCUIT COURT & COMPTROLLER
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DATE: October 26, 2016 c) ;
TO: Rhonda Haag <- c.,9
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Sustainability Program Manager f` ='
FROM:: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller
At the September 21, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item 04 Approval to enter into a $0 Access Agreement with AleMendozafor
a temporary grant of easement and right of entry for use of his property during construction of the C83
canal water quality improvement demonstration project for organic muck removal, backfilling and air
curtain installation in Key Largo. Access is being provided at no cost to the County, but due to the heavy
construction activity on his lot the owner has requested that his coral rock seawall be stabilized at a
value not to exceed $5,000.
Once officially recorded,please forward recorded original to the Clerk
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500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
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
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DocU 2097623 10/31/2016 2:59PMI
Filed & Recorded in Official Records of
MONROE COUNTY AMY NEAVILIN
Docti 2097623
I9kl1 2823 PO 1187
HOLD HARMLESS/MAINTENANCE AGREEMENT BETWEEN
MONROE COUNTY, FLORIDA
AND
ALEX MENDOZA
REGARDING THE
CANAL#83 COMBINATION ORGANIC REMOVAL,BACKFILLING
AND AIR CURTAIN 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 Alex Mendoza
(the "Property Owner"), whose business address is 6960 NW 42 Street, Miami, Florida
33166.
WHEREAS, the Property Owner owns that certain real property located at 729
Grouper Lane, Key Largo FL 33037, whose Parcel Identification Number is 484190, which
property abuts that body of water commonly known as Canal #83 (the "Canal") more °
specifically identified in Exhibit "A" attached hereto and incorporated herein (the
"Property"); and
WHEREAS, the Property Owners have agreed to assist the County with this
demonstration project to aid in the improvement of water quality within the Canal (the
"Organic Muck Removal,Backfilling, and Air Curtain Project"); and
WHEREAS, as part of the Organic Removal, Backfilling, and Air Curtain Project, the
County will utilize the Property to dewater the muck and 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, 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; and
WHEREAS, 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
and the Property Owner agrees to sign such documents; and
WHEREAS, the Property Owner has requested the Organic Muck Removal,
Backfilling, and Air Curtain Project to go forward, and
WHEREAS, the County has agreed to stabilize the Property Owner's current coral
rock seawall and in exchange the Property Owner agrees to hold the County harmless, now
and forever, from any liability related to the Organic Muck Removal, Backfilling, and Air
Curtain Project performed within and about the Canal.
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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. The County will stabilize the current coral rock sea wall along the Canal by
pumping concrete in the voids between the land and the rocks. The cost to the county for the
work shall not exceed$5,000.
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 organic muck removal, backfilling, and air curtain of
the Canal for water quality improvement purposes, including without limitation all claims
relating to injury to persons (including death) or to property. This provision survives the
termination of this Agreement.
3. During the Organic Muck Removal, Backfilling, and Air Curtain Project,
dewatered and fill material will be placed on the subject property using heavy equipment and
will be transported from the property via piping and trucks 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 dewatered and 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 Organic Muck Removal, Backfilling, and Air
Curtain Project as identified in Exhibit "B." This easement shall expire upon the completion of
the construction of the Organic Muck Removal and Backfilling Project.
4. The County will erect a construction fence on the Property, as necessary, and
will for the duration of the Organic Muck Removal, Backfilling, and Air Curtain Project. Once
the Organic Muck Removal, Backfilling, and Air Curtain Project is complete, the County will
replace the Property Owner's property to its original or better condition which includes re-
planting,re-grading and/or re-sodding of disturbed areas.
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, said Right of Entry given to the County and their assigns for a period not to
exceed four(4) 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 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
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Removal Backfilling, and Air Curtain Project is complete, the County will replace the
Property Owner's property to its original or better condition which includes re-grading
and/or re-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 organic removal and backfilling activities, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
.
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• MONROE CO NTY,FLORIDA
w � , v o.1 1urts BOARD O' COUNT COMMISSIONS S
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QoyM{Y
NESS to ALEX MENDOZA,PROPE k NER
Alex Mendoza,Property Owner:
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By: Drt i Lopez / /f (0 By:
Witness Date Date:
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Print Witness Name
STATE OF FLORIDA
COUNTY OF MONROE rr�� r�
The foregoing instrument was acknowledged before me this DTC\ day of1/4A ,JD( ?" by-Alex
Mendoza owner of the property listed above. Who individually are ersonally knobvn to me or
individually have produced their as identification.
(S'i nature f-N(tary Public
- Commission No.cPQ c (r)
My commission expires: (� (') ,
Print Notary N me or Stamp
it:,;*. JENNY FONTS
-'` -6 MY COMMISSION#Ff991722 Mit I!DE COUNTY ATP,
'=;P,M1 . EXPIRES September 13,2017 VED +' ' ` }=;V!
(407)39;3 0153 FbtidallobryServIce.aom .'' P
ASSISTANT �• I ��.i�t cY
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I3kt1 2823 I'ga 1190
Exhibit"C"
TEMPORARY GRANT OF EASEMENT AND RIGHT OF ENTRY
On this -4"`----1 day of"4` .Y1 , I, Alex Mendoza("Owners") in consideration of
the benefits accruing to me, 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
4,Block 8, of AMENDED PLAT SUNRISE POINT ADDITION, according to the Plat
thereof, as recorded in Plat Book 4, at Page 41, of the Public Records of Monroe County,
Florida.
1. The Owner does hereby state that he sufficient authority and title to grant this easement
and right of entry.
2. Owner agrees that the property may be used during the County's Organic Removal,
Backfilling, and Air Curtain Project, dewatered and fill material will be placed on the
subject property using heavy equipment and will be transported from the property via
truck. 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. 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.
5. Owner affirms 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 erect a construction fence on the Property; as necessary, for the duration
of the Organic Removal Backfilling, and Air Curtain Project. The County will remove
nonnative brazilian pepper trees scattered throughout 'the Property. Once the Organic
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I3k11 2823 PgI1 1191
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 Organic Muck Removal, Backfilling, and Air
Curtain Project.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
,s,lifi p..-N:, ' • MONROE COUNTY,FLORIDA
tY . er-otx, s Board of 'ounty ommissioners
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`•A I ' S to ALEX MENDOZA,PROPERTY OWNER
Alex Mendoza,Property Owner:
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By: T6 e i Lopez 7/L61)I 1 By: / ,
Witness Date Date: /
1Crci Lopez-
Print Witness Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this C1 day of u,-`�(- ,961 by Alex
Mendoza, owner of the property listed above. Who individually are personall kn o me or
individually have produced their as identification.
\S gnature of N ary Public
\�
ci Commission NoVf- 5c i l a)--
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. , My commission expires:/ (3i 1')
Print Notar Name or Stamp
*N.!6�; JENNY FONTE
i ,: MY COMMISSION#7991722
•�-t:• EXPIRES Septemberi13;2017 , C CC��y� I�f f�.��,�+'PPE
(407)308-0133 Flatdallotera rs.com1\11 p VEC 4(f( I-I)i:
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Exhibit "A"
BK 8 LT 4 AMENDED PLAT OF SUNRISE POINT ADDN PB441 KEY LARGO OR7551921
OR7551922 OR843213 OR880842 OR12271358 OR1545895 OR19571042
OR
Lot 4, Block 8, of AMENDED PLAT SUNRISE POINT ADDITION, according to the Plat
thereof, as recorded in Plat Book 4, at Page 41, of the Public Records of Monroe County,
Florida.
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I STABILIZE CURRENT ROCK SEAWALL
CANAL #B�
WITH BY PUMPING CONCRETE IN THE �_
VOIDS BETWEEN THE LAND AND THE BONITO LANE ,.
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PARCEL ID 00484190-000000 q �i'
TO BE USED AS TEMPORARY ^� �:;EA,
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STAGING AREA FOR ORGANIC
MUCK REMOVAL AND BACKFILLING GROUPER LANE �„
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i ACTIVITIES DURING THE CANAL I
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Exhibit "B"
Proposed Construction Activities
MONROE COUNTY
OFFICIAL RECORDS