Item L11County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
April 12, 2017
Agenda Item Number: L.11
Agenda Item Summary #2774
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774
None
AGENDA ITEM WORDING: Approval to enter into an Agreement with David N. Bell Jr. for a
long term grant of easement and right of entry for use of his property located at 31441 Avenue I, Big
Pine Key, Parcel Identification Number 110940, to place the air curtain land -based equipment on
for the water quality improvement demonstration project at Canal 4290, Big Pine, and to grant an
annual credit equal to the MSBU proposed for the Operation and Maintenance costs.
ITEM BACKGROUND: The County requested use of Mr. Bell's property to place the air
curtain land -based equipment on. A portion of the lot will be used to place the structures and
land -based equipment necessary to operate the air curtain. Structures will include concrete pads
and a 6 foot high fence to surround the equipment. Equipment will include eight compressors, 3 /4
horsepower, installed in two noise reducing boxes, elevated 4 feet from the ground. A wind vane
and electrical panel are also included.
In exchange for the County's use of the property owner's property to host the structure and
equipment, and to allow the County and its vendor(s) to conduct periodic and regular
maintenance to the equipment, the property owner will receive an annual credit equal to the
MSBU to be imposed for the operation and maintenance, including electrical costs, of the
equipment placed on the property owner's property. At such time as the equipment is removed
from the owner's property, the property owner shall no longer be eligible to receive the annual
credit and shall be subject to the MSBU.
The County's contractor will install the structures and equipment. The County may terminate
the Agreement at any time upon written notice to the Property Owner.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT /AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
290 Long Term Access Agreement signed by David Bell
FINANCIAL IMPACT:
Effective Date: April 12, 2017 Expiration Date: Perpetuity
Total Dollar Value of Contract: $0
Total Cost to County: Annual MSBU cost to be paid by the County for the lot
Current Year Portion: $0 Budgeted: No
Source of Funds: N/A CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: Annual MSBU to be paid by
the County for this lot only
Revenue Producing: No If yes, amount:
Grant: No County Match: N/A
Insurance Required: No
Additional Details:
The resident is being granted an annual credit for the MSBU being proposed by the County for
the operation and maintenance of the air curtain, including electrical cost, The County will pay
the MSBU amount, in lieu of the resident, for this lot as long as the County's equipment remains
on the property. Current estimated value is $750 per year, subject to change.
04/12/17 304 -23000 - PHYSICAL ENVIRONMENT
hIW TA1 IH11."
$750.00
Rhonda Haag
Completed
03/15/2017 8:28 AM
Pedro Mercado
Completed
03/15/2017 4:22 PM
Budget and Finance
Completed
03/15/2017 4:32 PM
Maria Slavik
Completed
03/15/2017 4:40 PM
Kathy Peters
Completed
03/20/2017 2:09 PM
Board of County Commissioners
Pending
04/12/2017 9:00 AM
HOLD HA T AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
DAVID N,BELL J0k
REGARDING THE CANAL #290
WEED BARRIER RESTORATION BIG PINE KEY PROJECT
THIS AGREEMENT (the ''/\grccmonot") is made and entered into by Monroe County,
Florida, m political subdivision of the State of Florida (the "County"), vvhnmc address is 1100
Simonton Street, The [}uio Building, Room 205, Key West, FL 33040 and David N. Bell ]r(the
"Property [)n;ner"), whose address ia3l44l Avenue l Pine Key, FL 33043-4650,
WHEREAS, the Property Owner owns that certain real property located nt]I44l Avenue
1, Big Pine Key. Parcel Identification Number is 110940, which property abuts that body of water
commonly known as Canal #290 (the "Canal") more specifically identified in Exhibit "A" attached
hereto and incorporated herein (the "Prnoc/Ty");and
WHEREAS, the County is not under any obligation to install or maintain the equipment
proposed am part of this agreement in any way; and
WHEREAS, the Weed Barrier Restoration Project is u voluntary project, and the Property
Owner has fully agreed io the Weed Barrier Restoration Project atbodo}cdfortbucunu|v/hichubuts
and partially crosses their Property; and
WHEREAS, the Property Owner, whose property abuts the canal, has agreed to assist the
County with this deomoou1cudnn Weed Barrier BuuLootiVa Project to aid in the improvement of
water quality within the Canal (the "VVocd Barrier Restoration Project"); and
WHEREAS, as pmt of the Weed Bnocor ]{oxKorodon Project, the County will utilize the
Property to install new structures and equipment necessary for the Weed Barrier Restoration Project
for n period nFup\o six (8) months nz until the project is completed following issuance ofallotice
to Proceed to the Contractor, more optciUou|\y identified no Exhibit "8 attached hereto and
incorporated herein, and
VVl£ERE}\S. the County or Contractor, not the Property {}vvour, will obtain the requisite
permits necessary for construction of the project; however the Property Owner may berequired to
sign certain mypUcudou or permission foznx in order for the contractor to use the Property; and
WHEREAS, the Property Owner, whose property upon which new structures and equipment
will be installed is aware of the pobouduI danger to their property, the existing mbnzclimc docks
monwaDa. Tmeca and other collateral damage which may not be readily uppuocat or vvbiob may not
manifest itself until long after the Weed Barrier Restoration Project io completed; and
WHEREAS, im spite mftheinbcreotdokmtUc9roneUy{}vvuzrbomccqucmtcd the Weed Barrier
Restoration Project An forward. The Property [)vvne,, in exchange for the County's agreement to
iumtu]\ new structures and equipment, agrees Lohold the County harmless, now and forever, from any
liability related 1nthe Weed Barrier Restoration Project performed within aodabout 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:
I . 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 existing structures and equipment and installation of new structures and equipment 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 'Weed Barrier Restoration Project, two 2.5' x 2.5' concrete pads will be
constructed on the northeast corner of the Property. Eight rotary vane compressors, 3/4 horsepower,
will be installed inside of two noise reducing boxes which will be located on an elevated support
structure 4 feet from existing ;round. A 10 foot high pole with a wind vane will be placed within the
footprint of the equipment. The support structure will be attached to the concrete pads and the
compressors will be connected to a new electrical panel on the existing wooden power pole. The
equipment will be surrounded by a 6 foot high fence with a locking gate. Each compressor will supply
air to a diffuser base which will be installed on the Canal bottom the width of the Canal mouth. 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 Weed Barrier installation, as referenced above, hereby grants and conveys to
the County, its agents and assigns, an easement and right of entry to run in perpetuity for purposes of
initial construction and subsequent periodic maintenance, attached hereto and made a part hereof as
;Exhibit "C" over the Property to access and construct the Weed Barrier 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 structures and equipment on
the property.
3. Once the Weed Barrier Restoration 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.
4. The Property Owner, inconsideration of the mutual covenants previously acknowledged,
hereby grants and conveys to the County, an Easement and Right of Entry over the Property and
2
Canal, for the purpose mui forth in this Agreement, said Ri ofBnLry gi to the County and their
assigns f the date the Notice bo Proceed im issued nn 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 3l44I Avenue [Big Pine Key FL
33043-4650. If County 1cnninuieo prior to construction or if another site is cbooco the agreement
and uasernen\arm null and void; and no consideration will hc due from either party. Accordingly,
based upon the mutual covenants contained Moccio, Property (lvvncr may not terminate this
Aameennect after execution by hodb parties.
h. The indemnificat defense, and bm]d bncmJoox ymoviuk»un contained herein mbol
survive termination and shall remain in f force and effect with regard to any and all claims, umlm,
judgments, demands, liabilities, damages, cost and expenses which may arise now or in the future that
are determined to be a result Vf the Weed Barrier Restoration Project.
7. The County shall grant nmthe Property Owner ocredit equal 0m ibc[VCSB3lJ imposed for
the Operation and Mmiotcnaucc, including electrical cna1 of the equipment o)mond on the Property
Owner's property. At such time nmthe equi im removed from t Prop Owner's prop the
Property (}wucr mbnl] no longer beeligible to receive the credit and ubuJi he subject to the MSDUJ.
[Remainder of this page left intentionally blank — signature page to follow)
3|Pa-�e
IN WITNESS WREREOF, the parties have executed this HOLD HARMLESStMAINTElslANCE
AGREEMENT AND EASEMENT on this day of , 2017.
ATTEST:
Cleric of Courts
Signature of :David N. Bell Jr:
WITNESS to
David N. Bell Jr:
Witness
Print Witness Narne
Date:.
MONROE COUNTY, FLORIDA
Board of County Commissioners
By:
Mayor
Date:
By: D td N. B ' Pr e ty Owner
By:
Date: W j
STATE OF FLORIDA
COUNTY OF MONROE
g g g .� a _ y 6 " ` �'- .. by David N.
The fore instrument was acknowled before me this d a y of
Bell Jr, the owner of the property listed above. Who individually is personally known to me or individually
has produced his t r - ' as identification.
Si ature of No r'y Pu lie
Print Notary Name or Stamp
Commission No.
My commission expires: 't c- C o r t 12 C' i
41`
Exhibit "A"
25 66 29 BIG PINE KEY FILLED BAY BTM ADD BK 51 SANDS ,SUB PB 1 -65 (11 DEED 22579)
CR348 -443 OR757 -595 ORI679 - 2219/AFF OR 1679-2221 OR2 55- 2054D/C OR2455- 2059/60
OR2487 -79/80 OR2519- 868/690 OR2519 -870 OR2724 -1464
Im
A tract of land in a part of Block 51 of SAND'S SUBDIVISION as recorded in flat Beek 1, Page 65
of the Public Records of Monroe County, Florida, and also filled lands and being more particularly
described by metes and bounds as follows:
Commencing at the Southwest comer of Block 51 bear East for a distance of 450 feet to the point of
beginning of the tract of land hereinafter described; thence North for a distance of 100 feet to a point;
thence East for a distance of 75 feet to a pointy thence South for a distance of 100 feet to a point,
thence West for a distance of 75 feet back to the Point of Beginning.
5 l
Exhibit "B"
Proposed Construction Activities
Exhibit "C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this j ' day of "v' 7 " , 1, David N. Bell Jr ( "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 Grant of Easement and bight of Entry
under, over, across and upon the property described as 31441 Avenue 1, Big Pine Key, Sands
Subdivision, as recorded in Plat Book 1, Page 65 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 Weed Barrier
Restoration Project and for future maintenance of structures and equipment. During the Weed
Barrier Restoration Project, two 2.5' x 25 concrete pads will be constructed on the northeast
corner of the Property. Eight rotary vane compressors, 3f4 horsepower, will be installed .
inside of two noise reducing boxes which will be located on an elevated support structure 4
feet from existing ground. A 10 foot high pole with a wind vane will be placed within the
footprint of the equipment. The support structure will be attached to the concrete pads and
the compressors will be connected to a new electrical panel on the existing wooden power
pole. The equipment will be surrounded by a 6 foot high fence with a locking gate. Each
compressor will supply air to a diffuser base which will be installed on the Canal bottom the
width of the Canal mouth.
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.
b. Owner affirms that the Property where the structures and equipment 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.
7
7. The Contractor will return the property toits or 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 Anvcc Foster VVhcck:r, will photograph the property to
s and agai after restorat is complete and send the photographs 10 the O**ucr. The
Owner shall inspect the photographs and/or the property and advise the County n, its agent of
remk)mu1ioo concerns which the Owner believes should be alleviated by the contractor. These
concerns shall be discussed and resolved bc1o/eeo the Owner, the County and the contractor
prior to the expiration oftbomix(0)cunndhcomatruc600uccomsperiod.
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 10 �runr|b� easement.
fRemainder of this page left intentionally blank — signature page to follow)
81Paje
IN WITNESS WHEREOF, the parties have executed this Easement and Right of Entry on
this day of
ATTEST:
Clerk of Courts
Signature of David N. Bell Jr:
WITNESS to
David N. Bell Jr:
Witness
Print Witness Name
Date:-
NIONROE COUNTY, FLORIDA
Board of County Commissioners
By:
Mayor
Date:
By: Davo'. Be ��Pro e Own
By:
Date: 3 cf 7
STATE OF FLORIDA
COUNTY OF MONROE
7
The foregoing instrument was acknowledged before me this 16� day ol ' by David
N. Bell Jr, the owner of the property listed above. Who individually is personally known to me or
individually has produced his I Q -- as identification.
S i ' attire of Nory
i ature of rm r ' ,
Commission No.
My commission expires: �
91 il
AIA
Eikil
I Florida
19 2517
2156
rough Nat imp Nullify Assn,
Commission No.
My commission expires: �
91 il
CODES EFFECTIVE 70120154
n13C Fifth Edition (2014)
AGREEMENT National Electric Code 2011
MONROE COUNTY FLORIDA
(Effective 8116116)
WARNING TO OWNER
YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE
FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT W11
YOUR LENDER OR AN ATTORNEY BEFORE RECORDING NOTICE OF COMMENCEMENT.
(FL Building Code 105.8) i
A certified copy of the recorded Notice of Commencement or a notarized statement from the owner of the
property or the owner's authorized agent (including any contractor that has been authorized below) stating th
�;i Notice of Commencement has been filed for recording to the Monroe County Clerk's Office for recording
glong with a copy of the Notice of Commencement submitted for recording, must be submitted to Building
Department and posted on the job site before the first inspection. (FS 713-13(i)(a), 713.13(l)(d))
(initial If Applicable:
owner/ mnkamor/agntofreomgforUheounstmctionopplied for in this application, |agree that | will comply with the provisions of
Florida Statute 48g.003 and *on*hy the DEpofmy intent xodomoishJrom*vao structure o& the above address and remove
)aotoa, when applicable, im accordance with state and federal law.
pon completion nf project for which I have made application for a Building Permit, I must pay the pro-rated residential solid waste
3sessment, or show proof of commercial service with a franchised commercial collector prior to issued Certificate of Occupancy.
In addition to the requirements of this permit, there may be additional restr applicable to this property that may be found in the
public records of this county, and there may be additional permits required from other governmental entities such oawater
management districts, state agencies or federal agenciee."
AFFIDAVI
° Application is hereby made to obtain a permit todm the work and installations aoindicated.
* | certify that no work or installation has commenced prior tothe issuance of a permit and that all vxunk will be performed
to meet the standards of all laws regulating construction in this jurisdiction.
• | understand that separate permit (sub on a permit) must be secured for Electrical, Plumbing, Signs, A/C, etc. as
appropriate.
• / hereby certify that all of the foregoing information is aoounaba and that all work will be done in compliance with all
applicable |mvvs pngm|sd|ng construction and zoning.
• | understand that notification from County regarding permit status is communicated via Email or Phone, If this
information is not provided or updated with the County throughout the |iha of the permit, the County will not be able to
provide notification service,
� The homeowner hereby expressly acknowledges and agrees that it is the responsibility of the homeowner to ensure all
permits are closed following final inspections and failure todoyu may likely interfere with homeowner's ability to sell the
property identified |n the permit.
" | understand that permit fees paid upon submission of application are non-refundable
Owner .� Qualifier
David-Sell if—,
M
� Date
NOTARY Signat NOTARY Signature
ssta Owner
� aninQualifier
This day of
20 he/she is
personally known tomau has prod ____
as identification and who did (did not) take an oath.
My Commission
Expires on
wmmmm *ators',BuILDINC, APPLICATION v9 dacx - Updated wvovo