01/20/2016 Demo Project Canal #277AMY NFAVILIN, CPA
CLERK OF CIRCUR COURT & COMPTROLLER
MONROE couim, Rona
DATE. March 15, 2016
TO: Rhonda Haag
Sustainability Program Manager
FROM. Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller
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
DocU 2071301 04/12/2016 10:46PIM
Filed & Recorded in Official Records of
MONROE COUNTY AMY HEAVILIN
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HOLD HARMLESS AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
MICHAEL BLOCH AND NANCY CHICCA - BLOCH
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 Michael Bloch and
Nancy Chicca -Bloch (the "Property Owners "), whose address is 1757 Watson Boulevard, Big Pine
Key, Florida 33043.
WHEREAS, the Property Owners own certain real property whose Parcel Identification
Numbers are 00313950- 000000 and 00312780- 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 Properties
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 Properties, and
WHEREAS, the Property Owners, whose properties 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 2071301
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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 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 125 linear feet of the 60 inch culvert
is located on the subject properties. During the installation of the culvert a 32 foot wide section of the
natural rock seawall located along the canals will be removed and replaced with sand- cement bags and
rock seawall. 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 Properties
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
properties to their original or better condition which includes re- grading, re- sodding or resurfacing
of disturbed areas and replacement or replanting 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
Properties 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 Owners, notice is to be mailed to Property Owners at 1757 Watson Boulevard, Big Pine
Key, Florida 33043. 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)
3 1:,
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IN WITNESS WHEREOF, the parties have executed this HOLD HARMLESS/MAIN
AGREEMENT AND EASEMENT on this A day of ,2ffl 2 U t 6
MONRO OUNTY, FLORIDA
N Board C un o
By:
HFAVUN. CLERK M 0]�4
Bloch and Nancy Chicca-
WITNESS to
Michael Bloch:
Print Witness Name
Date: ( I
By: Michael Bloch, Property Owner
By: �� ' / / ✓ v �l
Date:
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STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of - 660 , :?0 /5' by Michael
Bloch, the owner of the property listed above. Who individually is personally known to me or individually has
produced his as identification.
Si gnat of Notary P c .r"Y e,� SHANA CASEY
� ; Notary Public -State of
;••� �� Florida
Commission No. = ; .: My Comm. Expires Jul 23.2016
My commission expires: =? a; Commission # EE 218558
Print Notary Name or Stamp Bonded Through National Notary Assn.
ShGt t�o1 C�cfs °y
WITNESS to
Nancy Chicca -Blo :
Witness
Print Witness Name
Date: /I - d — 1,5
By: Nancy Chicca- Bloch, Property Owner
By:
Date: — —
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this _� )— day of NO 0 , O I '�- by Nancy
Chicca Bloch, the owner of the property listed above. Who individually is personally known to me or
individually has produced his P:� IC, r L1 G as identification.
Si gnat of Notary P?!c
-'�e W—e)—
Print Notary Name or Stam
7 i�G I.•ct S Lv J
Commission No. SHANA CASEY
o�
My commission expires: Notary Public - State of Florida
. •? My Comm. Expires Jul 23. 2016
'.;r Commission # EE 218558
' Bonded Through National Notary Assn.
41iL,1�_.
Doca W71301
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Exhibit "A"
BK 9 LT I TROPICAL BAY 3RD ADDN BIG PINE KEY P135 -81 OR399- 229/230E OR453-
178/179 OR683 -824 OR777- 196OD/C OR777- 1962 OR814 -1 927 OR1055 -1170 OR1 164 -369
OR1607- 90OD /C OR1607- 902 /LET OR1607- 903/11 /WILL OR1607- 913/14P/R
•'
LOT 1, BLOCK 9, TROPICAL BAY, TIDRD ADDITION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 81 OF THE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA.
N
TROPICAL BAY P134 -106 BIG PINE KEY LOTS 19- 20 & S 50'21 OR 388 - 192/93 OR393-
551/552 OR886- 977 /AFF OR898 -2122 OR944 -2439 OR972- 245/246 OR981- 1147/1 148Q /C
OR 123-3-769/70 UNRECORDED DEATH CERT RE: 36279 COMBINED PER OWNERS
REQUEST 5-11-87 OR1607- 90OD /C OR1607- 902 /LET OR1607 -903 /911 /WILL OR1607-
913/14P/R
M'
LOTS 19, 20, AND 21, TROPICAL BAY SUBDIVISION, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 4, PAGE 106 OFTHE PUBLIC RECORDS OF
MONROE COUNTY, FLORIDA LESS THE NORTHERLY 25 FEET OF LOT 21.
51
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Exhibit "B"
Proposed Construction Activities
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Doca 2071301
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Exhibit "C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this , �) day of �' rU , I, Michael Bloch and Nancy Chicca - Bloch ( "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 Lot 1, Block
9, tropical bay, third addition, according to the plat thereof as recorded in plat book 5, page 81 of
the public records of Monroe County, Florida. Lots 19, 20, and 21, tropical bay subdivision,
according to the plat thereof as recorded in plat book 4, page 106 of the public records of Monroe
County, Florida less the northerly 25 feet of lot 21.
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 properties 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 125 linear feet of
the culvert is located on the subject property. During the installation of the culvert a 32 foot
wide section of the natural rock seawall located along the canals will be removed and replaced
with sand - cement bags and rock seawall. 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 Properties shall be accomplished under permits acquired by the COUNTY
or its agents.
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 areas on the Properties 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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7. The Contractor will return the properties to their 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
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IN WITNESS WHEREOF, a parties have executed this Easement and Right
this day of
J fin/ ,2� 2v
.2•'L MONRO COrTY, FLORIDA
e Boar f o ers
B
EI $3 y:
HEAVNJK CLERK
ancy
WFfNESN to
Michael Bloch.
Wi n ss - � n _,_,
V 1 CGt . QQS -Q.
Print Witness Name
Date: I(1a I I iT
By: Michael Bloch, Property Ow err
By:
Date:
STATE OF FLORIDA
COUNTY OF MONROE �r
The foregoing instrument was acknowledged before me this day of / y d J , X015 by Michael
Bloch, the owner of the property listed above. Who individually is personally known to me or individually
has produced his — F-[A • D✓ Li C, as identification.
SHANA CASEY
Signa of Notary P
Notary Public - State of Florida
Commission No. ' ' : •= MY Comm. Expires Jul 23.2016
�,,,�,;' Commission # EE 218558
My commission expires: OF F� Bonded Through National Nntary assn
Print Notary Name or Stamp
sV)a Y)a 0as e y
WITNESS to
N11 Chicca- Bloch
Witness
1C
t Witn ss e
Date:
STATE OF FLORIDA
COUNTY OF MONROE
By: Nancy Chicca- Bloch, Property Owner
B �L -GC,�. — u
Date: t
The foregoing instrument was acknowledged before me this (D- day of /00 d , o - )Oj s by Nancy
Chicca Bloch, the owner of the property listed above. Who individually is personally known to me or
individually has produced his as identification.
Sign re of Notary, u lic
C
Print Notary Name or Stamp
91 P:! >
MONROE COU14TY
OFFICIAL RECORDS
Commission No.
My commission expires:
SHANA CASEY
Notary Public - State of Florida
`- Mq Comm Expires Jul 23, 2016
aon # EE ?18558
Assn.
••• n`F ��'.
SHANA CASEY
Notary Public - State of Florida
- ?
My Comm. Expires Jul 23, 2016
Co:mnusron # EE 218558
° �`
Bonded Through National Notary Ass^