08/16/2017 AgreementGoa couft,
Kevin Madok CPA
ti` •. �.:r Clerk of the Circuit Court & Comptroller — Monroe County, Florida
�h
R OE COU�
DATE: September 1, 2017
TO: Rhonda Haag
Sustainability Coordinator
VIA: Lindsey Ballard, Aide to the
County Administrator
FROM: Pamela G. HancoC.
SUBJECT: August 16th BOCC Meeting
Enclosed is item L3, $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,
Key Largo, for your handling.
Please be sure to return the document to me once it is recorded in the Official Record.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File ✓
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
Iaa�ai 21421132 11/03/2017 11:0191M
Fi.:lad & Recorded in Official Records iof
1'1(31I4ROG COUNTY KEVWMADOK
Do . -N 21421132
1'*.13 2377 1 1752
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 1100
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 "B" 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
and
WHEREAS, the Property Owner has requested the Backfilling Project to go forward,
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
any and all claims, suits, judgments, demands, liabilities, damages, cost and expenses (including
but not limited to attomeys' fees, paralegals' fees, consultants' fees and costs at all administrative,
11 Page
I:Iaatt ;21,421132 -- - - - - - -- -- - - - - --
111104 21377 I *9U 1753
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 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.
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.
5. 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.
na ;21421132
1101 21377 Pga 1754
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
WITNESS to
MONROE
Board of
Mayor
TY, FLORIDA
Co sioners
Harborage Condo Corporation, Inc.,
PROPERTY OWNER
Harborage Condo Corporation, Inc., Property Owner:
By: <\\ ( l 1
Witness Date
�1 ► l tC'n - S"(-)
Print Witness Name
Date: .� I
STATE OF FLORIDA
COUNTY OF MONROE g � � '� by
The foregoing instrument was acknowledged before me this da y of
Harborage Condo Corporation, Inc., owner of the property listed above. Who iladividually are
personally known to me or individually have produced their FL 46 L as identification.
3 Page
LA I SF BROW
Commission No. MY CON # GG
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My commission expires:
POE COUN - ri -s,�, -"NgEY
Iaa�a� 21; 2132
13k.1i 2377 1 1755
TEMPORARY GRANT OF EASEMENT AND RIGHT OF ENTRY
On this a T day of IRA� I, Harborage Condo Corporation, Inc. ( "Owners ")
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 Gayton 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.
2. Owner agrees that the property may be used during the County's Backfilling Project, fill
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.
3. 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.
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.
6. 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
I;la�.p ;21
Inol 2377 1'9p 1756
Exhibit " A "
Tract 4, according to the Amended Plat of Mandalay, a subdivision in Section 6, Township 62
South Range 39 East, Key Largo, Monroe County, Florida, 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,
as conveyed according to Trustees of the Internal Improvement Fund Deed Number 21,393, 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,
as conveyed according to Trustees of the Internal Improvement Fund Deed Number 21,421, as
recorded in OR Book 426, at Page 108 of the Public Records of Monroe County, Florida.
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 line of Lot 5, which point lies also on the Northeasterly
side of the canal shown on said plat: thence runnin Southeasterly along line of said canal 45
feet; thence turning Northeasterly at an angle of 90° and running 36 feet to the Northeasterly line
of Tract B 45 feet; thence turning at an angle of 90° Southwesterly and running 36 feet to the
point of beginning, containing 1,620 square feet ( more or less), together with the use of a 16-
foot right -of- way along the Northeasterly line of Tract B approximately 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 5 to a private road shown on the plat, together with rights on
the canal.
OR
Ocean Drive, Coral Way, and Gayton Place private access roads serving the property lying on
Key Largo, FL adjacent to the Canal.
41Page
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Exhibit "B"
Proposed Construction Activities
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Exhibit"C"
Da�sq :2142182
1'1103 21377 1 1758
completion of backfilling activities, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of: August 16
2017
MONROE COUNTY, FLORIDA
BOARD OF /OUNTX_COMML'
WITNESS to
Harborage Condo Corporation, Inc., Property Owner:
By: �` I ) —7 By: ' i��"
Witness Date Date:
Print Witness Name
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of by
g g g
Harborage Condo Corporation, Inc., owner of the property list d toC. Who ' dividually are
personally known to me or individually have produced their as identification.
LN
Mayor
Harborage Condo Corporation, Inc.,
PROPERTY OWNER
Siq of N Public
Print Notary Nar4e or Stamp
Commission No.
My commission expires:
- A 'F O'1JF:0 AS ?"f/ er `, - i'Rm
ate `1121
�s"" ° q , � LAURA BROWN
MY COMMISSION # GG722I5
EXPIRES: February 12, 2021
Of F1.
1'I13 i'OU14TY
I:IP'1-IC;[AI_ RECORDS