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Item L3BOARD OF COUNTY COMMISSIONERS C ounty of M onroe A(I Mayor George Neugent, District 2 Ile �Orlda, Keys 4� �� � m i =U, Mayor Pro Tem David Rice, District 4 l Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting August 16, 2017 Agenda Item Number: L.3 Agenda Item Summary #3208 BULK ITEM: Yes DEPARTMENT: Sustainability TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774 N/A AGENDA ITEM WORDING: Approval to enter into a $0 access agreement with The Harborage Condo Corporation, Inc. to grant a temporary easement of property use during the backfilling of canal 75 in Rock Harbor in Key Largo. ITEM BACKGROUND: Canal 475 in Key Largo was identified as a Poor canal that is too deep, lacks oxygen, and is in need of a backfilling restoration. The restoration of Canal 475 in Rock Harbor involves backfilling to raise the canal bottom to 6 feet below the Mean Sea Level, which is the optimum depth to allow for tidal flow in and out of the canal. These improvements are anticipated to restore the impaired waters of the canal, and bring the dissolved oxygen levels up to meet State 62 -302 Class 3 marine water quality standards. A hold harmless /maintenance agreement and temporary grant of easement agreement are required to allow the County access to and use of private property for a construction staging area during the construction phase of the backfilling project. PREVIOUS RELEVANT BOCC ACTION: 02/15/17: Authorize entering into a $1.5M income grant from the Department of Environmental Regulation as part of the Keys Stewardship program for canal restoration projects (to fund the 4 Canals 448, 459, 479, and 480 for Augmented Aeration and Canal 75 for backfilling). 04- 12 -17: Approval to advertise a Request For Proposal for the backfilling of canal 75 in Key Largo, funded by the State Stewardship grant for FYI 7. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Canal 75 Temporary Construction Access Agreement - Harborage Condo FINANCIAL IMPACT: Effective Date: August 16, 2017 Expiration Date: 120 days after project is completed Total Dollar Value of Contract: $0 Total Cost to County: $0 Current Year Portion: $0 Budgeted: No — Grant funded Source of Funds: None CPI: N/A Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No If yes, amount: Grant: N/A County Match: No Insurance Required: Additional Details: No. REVIEWED BY: Rhonda Haag Completed 07/24/2017 3:17 PM Pedro Mercado Completed 07/27/2017 4:42 PM Budget and Finance Completed 07/31/2017 9:40 AM Maria Slavik Completed 07/31/2017 9:55 AM Kathy Peters Completed 07/31/2017 11:40 AM Board of County Commissioners Pending 08/16/2017 9:00 AM HOLD HARMLESS/MAINTENANCE AGREEMENT BETWEEN MONROE COUNTY, FLORIDA AND THE HARBORAGE CONDO CORPORATION, INC REGARDING THE CANAL #75 BACKFILLING 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 11,00 Simonton Street, The Gato Building, Room 205, Key West, FL 33040 and the Harborage Condo Corporation, Inc. (the "Property Owner"), whose business address is 59 Ocean Drive, Key Largo, Florida 33037. WHEREAS, the Property Owner owns and maintains the paved roads Ocean Drive, Coral Way and Gayton Place, Key Largo, FL 33037 that provide access from Overseas Highway into Canal #75 (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 "Backfilling Project"); and WHEREAS, as part of the Backfilling Project, the County will utilize the Property to access the Canal to store backfill material and equipment, for a period of up to 120 days or until the project is completed, more specifically identified on Exhibit "13" 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 Backfilling Project to go forward, and 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. 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 -ainst 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, I I P a tt> pretrial, trial and appellate levels) of any kind or nature whatsoever arising out of or related in any way to the County's backfilling 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. 2. During the Backfilling Project, fill material and heavy equipment will be transported along the Property via 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 fill material. and equipment as referenced above, hereby grants and conveys to h g an e s 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 Backfilling Project as identified in Exhibit "B." This easement shall expire upon the completion of the construction of the Backfilling Project. 3. Once the Backfilling Project is complete, the County will replace the Property Owner's Property to its original or better condition which includes re-paving, re-planting, re- grading and/or re-sodding of disturbed areas. L, 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, 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, S. The County may terminate this Agreement and Easement at any time prior to the beginning of the Backfilling Project 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 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 Backfilling Project. 21 Pa g e IN WI"T"NESS WHEREOF, the parties have executed this Agreement on this day of ATTEST: MONROE COUNTY, FLORIDA Clerk of Courts Board of County Commissioners Mayor WITNESS to Harborage Condo Corporation, Inc., PROPERTY OWNED Harborage Condo Corporation, Inc., Property Owner: Witness Date Print Witness Nwne Date: STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of /Z by Harborage Cando Corporation, Inc„ owner of the property lusted. above. Who individually are personally known tome or individually have produced their FL 6L as identification- Siv sere of Neat° Public�y�,,e t Com No, -t� cctaFYsI�ty t Ua22is ��Pt;.s, t �t�r 1 . z�2t My commission expires: Print. Notar} , Name or Stamp 31 PaKTo � r 31 PaKTo TEMPORARY GRANT OF EASEMENT AND RIGHT OF ENTRY On this ;_ °f ' day of tf > I, Harbora Condo C orporation, Inc. ( 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 Ocean Drive, Coral Way, and Layton Place private access roads serving the property lying on Key Largo, FL adjacent to the Canal. 1. The Owner does hereby state that they sufficient authority and title to grant this easement and right of entry. Owner agrees that the property may be used during the County's Backfilling Project, till material and heavy equipment will be transported along the Property via trucks to the Canal. 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. �. 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, paved access roads that contain no obstruction to the Proposed Work contemplated in this Easement. Any obstruction to the safe or proper operation, maintenance, or staging of equipment along the paved access roads at the beginning of the Project or during the Project not placed on the roads 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. b. Once the Backfilling Project is complete, the County will replace the Property Owner's property to its original or better condition which includes re- paving, 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 Exhibit "A" Trac 4, according to t Amended Plat of Manda u subdivision inSection 6, Township 62 South Range 39 East, Key Largo, Monroe County, Florida, recorded iu Plat Book 2, page 25, of the Public Records of Monroe County, Florida. Also: A parcel of submerged land in Section 6, 7owunbi» 02 SouLb, Runge 39 East, Key Largo, as conveyed according to Trustees ofthe Internal Improvement Fund Deed Number 2l,393. as Recorded in OR Book 79, at Page 426, of the Public Records of Monroe County, Florida. Also: Tract 3 and 3-A, Amended Plat of Mandalay, according to the Plat thereof recorded in Plat Book 2, page 25,of the Public Records of Monroe County, Florida. Also: A parcel of Submerged land in Section 6, Township 62 South, Range 39 East, Key Largo, um conveyed according to Trustees of the Internal Improvement Fund Deed Number 2l,42l,uy recorded bn{)& Book 426,atPm�e)08of the Public Records m[ ��noomeCounty, Flo�dn. Also: Tract B of Rock Harbor Yacht Haven, a subdivision of Tract 2 of the Amended Plat of Mandalay and adjacent submerged land in Section 6, Township 62 South, Range 39 East, according to plat thereof as recorded in Plat Book 4, at Page 80, of the Public Records of Monroe County, Florida Excepting that part of portion thereof described as follows: Beginning at a point 120 feet Southeasterly from the Southeasterly /im: of Lot 5, which point lies also on the Northeasterly side of the canal shown om said plat: thence running Southeasterly along line of said canal 45 feet; thence turning Northeasterly oton angle of9O° and running 30 feet \o the Northeasterly line nf7-cuoiB45feei;tb0000iurndugu1moa#u\onf90 30 feet iuthe point of beginning, containing 1,h2D square feet ( more orlemm), together with the use nfu 16- foothmht-of- vvuyaJmmgdbeNnrthcuotodyliuewfToactDxpproxinzate]y 245 feet over portions of Tract B and Lot 5, and together with the use of a 20-foot right-of-way approximately 76 feet over the Northwesterly side of Lot 5tna private road shown on the plat, together with rights mm the cana OR Ocean Drive, Coral Way, and Gayton Place private access roads serving the property lying on Key Largo, FL adiuceuttu the Canal. 41Pa2e LSOMMMI'll Proposed Construction Activities Exhibit "C" 2 Q completion of backfilling activities, whichever occurs first. IN WITNESS WHEREOF, the parties have executed this Agreement on this day of , ATTEST: MONROE COUNTY, FLORIDA Clerk of Courts BOARD OF COUNTY COMMISSIONERS ma Mayor WITNESS to Harborage Condo Corporation, Inc., PROPERTY OWNER Harborage Condo Corporation, Inc., Property Owner: By: �..� Iiy:�" , .' Witness Date Date Print Witness Tame STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of , J-21 by Harborage Condo Corporation, Inc., owner of the property list d a o e. Who i dividually are personally known to me or individually have produced their r / as identification. Si - ure of N Public Print Notary Na e or Stamp Commission No. My commission expires: II (JR 4 l £1 1�D'v'�N y FXP J�F: February 12,202 OF F f f w�