01/20/2016 Demo Project Canal #277AMY NEAVILIN, CPA
CLERK Of CIRCUIT COURT 8 COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: March 15, 2016
TO: Rhonda Haag
Sustainability Program Manager
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller CV.
At the January 20, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of the following Items:
N15 Approval to enter into a no cost agreement with Joseph J. and Evelyn M. Rambo for a grant of
easement and right of entry for use of their property locarted at Lots 9 and 10, Block 8, Tropical Bay,
Third Addition, Big Pine Key, Parcel Identification Number 00313940- 000000, during construction of
the canal culvert installation water quality improvement demonstration project at Canal #277, Tropical
Bay Estates, Big Pine Key.
N16 Approval to enter into an Agreement with Michael Bloch and Nancy Chicca -Bloch for a grant of
easement and right of entry for use of their properties during construction of the canal culvert
installation water quality improvement demonstration project at Canal #277, Tropical Bay Estates, Big
Pine Key. Their properties are located at 1757 Watson Boulevard and Lot 1, Block 9, Tropical Bay,
Third Addition, Big Pine Key, Florida 33043, Parcel Identification Numbers 00313950- 000000 and
00312780- 000000.
These enclosures need to be recorded in the official records of Monroe County in addition to the
BOCC records. Upon that task, please return both recorded originals to the Clerk for
distribution.
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
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
Doen 2071302 04/12/2016 10:46PIM
Filed & Recorded in Official Records of
MONROE COU14TY AMY HEAVILIN
HOLD HARMLESS AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA DOCK 2071302
AND BkN 2791 PgN 761
JOSEPH J. AND EVELYN M. RAMBO
REGARDING THE CANAL #277
BIG PINE KEY TROPICAL BAY ESTATES CULVERT DESIGN 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 Joseph J. and Evelyn M.
Rambo (the "Property Owners "), whose address is 10677 Baldwin Road, Bridgman, MI 49106-
9724.
WHEREAS, the Property Owners own certain real property whose Parcel Identification
Numbers are 00313940- 000000, which property abuts that body of water commonly known Canal
#277 (the "Canal ") more specifically identified in Exhibit "A" attached hereto and incorporated
herein (the "Properties "); 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 Owners
have fully agreed to the Culvert Installation Project scheduled for the canal which crosses a section
of their Properties, and
WHEREAS, the Property Owners, whose properties abuts the canal, have 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 one 60 inch concrete reinforced culvert and will make other modifications as required or
allowed by permit, for a period of up to six (6) months or until the project is completed, whichever
is later, 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 Owners, will obtain the requisite
permits necessary for construction of the project; however the Property Owners may be required to
sign certain application or permission forms in order for the contractor to use the Property, and
WHEREAS, the Property Owners, whose property the culvert crosses are 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 Owners have requested the Culvert
Installation Project go forward. The Property Owners, in exchange for the County's agreement to
install the culvert, agree to hold the County harmless, now and forever, from any liability related to
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Doca 2071302
Bka 2791 I *9a 762
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 Owners 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
Owners acknowledge 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
Owners 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 20 foot wide trench will be excavated to place
1 -60 inch reinforced concrete culvert in the trench. Approximately 25 linear feet of the culvert is
located on the subject property. During the installation of the culvert an 8 foot wide section of natural
rock seawall located along the canal will be removed and replaced with sand - cement bags and rock
seawall. The subject property will be used as a temporary construction staging area, which will include
equipment and material, during the duration of the project. The Property Owners acknowledge 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 Owners, for and in consideration
of the mutual covenants previously acknowledged, and of the benefits accruing to Property Owners 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 Owners agree 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 trees affected by the project.
4. The Property Owners, 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
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Doca 2071302
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County and their assigns 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 Owners, notice is to be mailed to Property Owners at 10677 Baldwin Road, Bridgman, MI
49106 -9724. 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 Owners may not terminate this
Agreement after execution by both parties.
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.
{Remainder of this page left intentionally blank — signature page to follow}
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Doc# 2071302
Bka 2791 1
IN WITNESS WHEREOF the parties have executed th HOLD HARMLESS/MAINTENANCE
AGREEMENT AND EASEMENT on this -16 day of A rJ a C I (P
WAVIUN, CLERK
J. and Evelyn M. Rambo:
JosephyK _ p
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Print Witness Name
Date: /l
Joseph J. Rambo, Property Owner
STATE OF MICH N
COUNTY OF me xo
The foregoing instrument was acknowledged before me this _ day of &Jw - , g by Joseph J.
Rambo, the owner of the property listed above. Who individually is personally known to me or individually
has produced his +ors . �....�•' as identification.
Sig ns Lof Notary Public
Print Notary Name or Stamp
WITNESS to
Evel M. Rambo.
Wi ess a D-, Ah c 6 �• h
Print Witness Name
Date 4G 11,f
STATE OF MICR AN
COUNTY OF e It A
Commission No.
My commission expires:
By: Evelyn M. Rambo, Proper ty Owner
By: — x�. U` Date: :14f 4 1 2 a/
The foregoing instrument was acknowledged before me this !�j _ day of AL%jewj, , 62o fir by Evelyn J.
Rambo, the owne of the property listed above. Who individually is personally known to me or individually
has produced his LW w as identification.
signature of Notary Public
P "". - V t.
Print Notary Name or Stamp
Commission No. _
My commission expires: 0 7 1 ( 0
4 1 Page PAMELA D. HAHAJ
Notary Public, Berrien County, MI
My Commission Expires Aug. 2, 2016
DocN 2071302
Bkp 2791 PgN 765
Exhibit "A"
BK 8 LT 10 TROPICAL BAY 3RD ADDN BIG PINE KEY P135 -81 OR402 -477 OR444- 1026/27
OR444- 1024/25 OR1876 -761 OR1876- 767D/C OR1876- 765AFF
OR
LOTS 9 AND 10, BLOCK 8, TROPICAL BAY, THIRD ADDITION, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOKS, PAGE 81, OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA.
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DocN 2071302
Bkq 2791 Pg# 766
Exhibit "B"
Proposed Construction Activities
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25 LF OF 60 REINFORCED
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CONCRETE PIPE WITH MANATEE GRATE.
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INVERT ELEVATION = -8.5' NAVD88
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EXCAVATION IIMITS
MONROE COUNTY PARCELS, 2010
TEMPORARY CONSTRUCTION
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CANAL #277
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SHADED AREA INDICATES
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PROJECT AREA WITHIN
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20' WIDE OPEN CUT
EXCAVATION LIMITS -
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'I REMOVE AND REPLACE
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STRAIGHT SAND- CEMENT BAG
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BOUNDARY AS A TEMPORARY I
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THE AREA SHALL BE USED AS r
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( MATERIAL DURING DAILY
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EXISTING TREES
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OVER HERD ELECTRIC LINE
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PHONE /CABLE LINE
EDGE OF PAVEMENT
— — — CULVERT LIMITS
EXCAVATION IIMITS
MONROE COUNTY PARCELS, 2010
TEMPORARY CONSTRUCTION
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STAGING AREA
61 Page
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Docp 2071302
Skq 2791 Pgq 767
Exhibit "C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this day of � cx,! alS� I, Joseph J. and Evelyn M. Rambo ( "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 Grant of Easement and
Right of Entry under, over, across and upon the properties described as Lots 9 and 10, Block 8,
Tropical Bay, third addition, according to the plat thereof recorded in plat books, page 81, 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. The Owners agree that the property may be used during the County's Culvert Installation
Project. During the Culvert Installation Project, a 20 foot wide trench will be excavated to
place a 60 -inch reinforced concrete culvert in the trench. Approximately 25 linear feet of the
culvert is located on the subject property. During the installation of the culvert an 8 foot wide
section of natural rock seawall located along the canal will be removed and replaced with
sand - cement bags and rock seawall. The subject property will be used as a temporary
construction staging area, which will include equipment and material, during the duration of
the project. The contractor will be responsible for replacing in -kind any damage to private
property. Property Owners acknowledge 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 these properties is generally identified on Exhibit
"B" as Proposed Construction Activities; however Owners agree 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. 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.
6. Owners affirm that the area on the Property where the culvert will be placed, on the date of
execution of this document, contain 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 Owners time to remove obstruction; except for emergency
conditions during which the County may require immediate, unobstructed access to the
Facilities.
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DOCK 2071302
Bkp 2791 I'9N 768
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 replanting of trees affected by the
project.
8. Monroe County, or its agent Amec Foster Wheeler, will photograph the property prior to
construction and again after restoration is complete and send the photographs to the Owners.
The Owners shall inspect the photographs and/or the properties and advise the County or its
agent of restoration concerns which the Owners believe should be alleviated by the contractor.
These concerns shall be discussed and resolved between the Owners, the County and the
contractor prior to the expiration of the six (6) month construction access period or completion
of the project, whichever is later.
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.
{Remainder of this page left intentionally blank — signature page to follow)
81 Page
Doca 2071302
Bko 2791 Pgp 769
IN WITNESS WHEREOF, the parties have
this day of J L 2 0 W
CLERK
Joseph J. and Evelyn M. Rambo:
WITNESS to
Joselb J Rambo:
wit ss
►ti l & AO fly P�
Print Witness Name
Date: /!�
STATE OF MICHIGA
�
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2pij by Joseph J.
Rambo, the owner of the prop rty listed above. Who individually is personally known to me or
individually has produced his Q e4"6 v as identification.
si<ure of Notary Public
a. 14 q k,
Print Notary Name or Stamp
WITNESS to
Evelyry M. Ram
1n ess
4 / h. Ng �►�;
Print Witness Name
Date: yf - y
STATE OF MICHIG
COUNTY OF d Grt /P+,.
By: Evelyn M. Rambo, Property Owner
By:
Date:
The foregoing instrument was acknowledged before me this q day of A&&, L j0jY by Evelyn
M. Rambo, the owner of the prpperty listed above. Who individually is personally known to me or
individually has produced his l Kcn as identification.
Si&qture of Notary Public-
"r- D
Print Notary Name or Stamp
PAMELA D. HAHAJ
9 1 P a g e Notary Public, Berrien County, MI
My Commission Expires Aug. 2, 2016
Commission No. �—
My commission expires: A4-2_?p
Commission No. ---
My commission expires: lL
MONROE COUNTY
OFFICIAL RECORDS