04/12/2017 Agreement1)oi. -V 21:270,22 06/13/2017 1:03PPI p 2127022
Fixed & Recorded in Official Records of- 1311! 2859 Pgo 863
110 , NROE COUNTY KEVIN MADOK
HOLD HARMLESS /MAINTENANCE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
DAVID N. BELL JR
REGARDING THE CANAL #290
WEED BARRIER RESTORATION BIG PINE 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 David N. Bell Jr (the
"Property Owner "), whose address is 31441 Avenue 1, Big Pine Key, FL 33043 -4650.
WHEREAS, the Property Owner owns that certain real property located at 31441 Avenue
I, 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 'Property "); and
WHEREAS, the County is not under any obligation to install or maintain the equipment
proposed as part of this agreement in any way; and
WHEREAS, the Weed Barrier Restoration Project is a voluntary project, and the Property
Owner has fully agreed to the Weed Barrier Restoration Project scheduled for the canal which abuts
and partially crosses their Property; and
WHEREAS, the Property Owner, whose property abuts the canal, has agreed to assist the
County with this demonstration Weed Barrier Restoration Project to aid in the improvement of
water quality within the Canal (the "Weed Barrier Restoration Project "); and
WHEREAS, as part of the Weed Barrier Restoration Project, the County will utilize the
Property to install new structures and equipment necessary for the Weed Barrier Restoration Project
for a period of up to six (6) months 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 the project; however the Property Owner may be required to
sign certain application or permission forms 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 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 Weed Barrier Restoration Project is completed; and
WHEREAS, in spite of the inherent risks the Property Owner has requested the Weed Barrier
Restoration Project go forward. The Property Owner, in exchange for the County's agreement to
install new structures and equipment, agrees to hold the County harmless, now and forever, from any
liability related to the Weed Barrier Restoration Project performed within and about the Canal.
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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
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 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. 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, 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
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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.
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 31441 Avenue I, Big Pine Key, FL
33043 -4650. 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.
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 Weed Barrier Restoration Project.
7. The County shall grant to the Property Owner a credit equal to the MSBU imposed for
the Operation and Maintenance, including electrical cost, of the equipment placed on the Property
Owner's property. At such time as the equipment is removed from the Property Owner's property, the
Property Owner shall no longer be eligible to receive the credit and shall be subject to the MSBU.
{Remainder of this page left intentionally blank — signature page to follow}
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De�.q 2127022
13113 2859 1 866
,�AGR1
WHEREOF, the parties have executed this HOLD HARMLESS/MAINTENANCE
XND EASEMENT on this 12- ,d-day of , 2017.
CPA, C191k be
By
J
P. C,
Signature of David N. Bell Jr:
WITNESS to
David N. Bell Jr:
Witness
Print Witness Name
Date:
COUNTY, RIDA
County Co sioners
!favor
11, z, r
By: D id N. B Pr y Owner
r
By:
Date: 3 — 1 7
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of by David N.
Bell Jr, the owner of the property listed above. Who individually is personally known to me or individually
has produced his as identification.
(� S' ture of No
Print Notary Name or Stamp
TEAESA COLONNA
? Notary Public - St of Florida
' = My Comm. ExPhei May 19, 2017
' •e, °, °; 882156
Mogry A8
Commission No. 9 6 2 1 S Sa
My commission expires: (' 1 L v 17
ASS! fi
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13113 2859 1 3 gis 867
Exhibit "A"
25 66 29 BIG PINE KEY FILLED BAY BTM ADJ BK 51 SANDS SUB PB1 -65 (H DEED 22579)
OR348 -443 OR757 -595 OR1679- 2219 /AFF OR1679 -2221 OR2455- 2054D/C OR2455- 2059/60
OR2487 -79/80 OR2519- 868/69C OR2519 -870 OR2724 -1464
i'
A tract of land in a part of Block 51 of SAND'S SUBDIVISION as recorded in Plat Book 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 corner 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 point; 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.
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Exhibit "B"
Proposed Construction Activities
wA"rLT
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Exhibit "C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this 10 day of AA-P-6 6 201' , I, 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 Right of Entry
under, over, across and upon the property described as 31441 Avenue I, Big Pine Ivey, 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 2.5' concrete pads will be constructed on the northeast
comer 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 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.
6. 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.
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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 Foster Wheeler, 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.
{Remainder of this page left intentionally blank — signature page to follow)
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A
all
IN WITNESS WHEREOF, the parties have executed this Easement and Right of Entry on
r of
MAWK, CPA, Clerk
of David N. Bell Jr:
WITNESS to
David N. Bell Jr:
Witness
Print Witness Name
Date:
MONROE LINTY, TA
Board C my Coers
By:
,Mayor
� j! c L- io
By: Dav* Be Pro a Own
By:
Date:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this /U day of j'14 2 , 2 - 0 1 7 by David
N. Bell Jr, the owner of the property listed above. Who individually is personally known to me or
individually has produced his t O ( I as identification.
Si ature of NV M�
� ^ �`-
or Stamp
,`:�"�''�•, TERESA COLONNA
Notary Public _ Slue of florid&
'= My Comm. Expires May 19, 2017
' Commission
'P EE 882156
'O'W
P.
e MMionY Nstary Assn.
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Commission No. " � 2- ( {°
My commission expires: m� ) ?—V17
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11014ROE COUNTY
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