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Item S03BOARD OF COUNTY COMMISSIONERS County of Monroe A Mayor Heather Carruthers, District 3 ( T$ne Florida Keys (, Mayor Pro Tem George Neugent, District 2 t� ) ��` �� �' Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting November 22, 2016 Agenda Item Number: S.3 Agenda Item Summary #2200 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 Antonio Acosta for a long term grant of easement and right of entry for use of his lot, parcel ID 484200, to place the equipment for the air curtain for the C83 canal water quality improvement demonstration project for organic muck removal, backfilling and air curtain installation in Key Largo. Access is being provided at no cost to the County, ITEM BACKGROUND: The Acosta property is located at 727 Grouper Lane, Key Largo, FL, Parcel ID 484200, and whose property abuts that body of water known as Canal 483. The property is a lot on Canal 483, and is needed for long term use to place the County's equipment to run the air curtain at the mouth of the canal, to keep the seaweed from entering the canal. The Property Owner has acknowledged approval of the use of his lot. In exchange for the County's agreement to remove the organic material from the Canal and backfilling of the canal at no cost to the Property Owner, the Property Owner agrees to hold the County harmless from any liability related to the Organic Removal Project. The construction contractor will install a fence around the equipment to block the view and noise as much as possible. The County may terminate the Agreement at any time upon written notice to the Property Owner prior to the beginning of storage on the property. This property is located nearer the back of the canal, rather than the more preferred placement near the mouth of the canal. The County was unable to obtain voluntary access from any homeowner with a lot closer to the mouth of the canal without providing a termination for convenience, which if exercised in the future, would mandate that the County move the equipment and incur additional costs. Therefore this lot owner was selected. PREVIOUS RELEVANT BOCC ACTION: 3/23/16 — Approval to advertise an RFP for completing a combination Organic Removal and Backfilling canal restoration demonstration project in Canal 484 in Rock Harbor. Note: Canal 483 is located immediately next door to canal 484 in Rock Harbor and was subsequently selected as the alternate site after no access could be obtained for Canal 484. 09/21/16: Approval to negotiate with the construction contractor. 11/22/16: Approval requested to enter into a contract with Adventure Environmental for construction of the C83 combination muck removal, backfilling and air curtain project. CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATION: Approval DOCUMENTATION: Antonio Acosta signed access agreement for C83 for air curtain compressors FINANCIAL IMPACT: Effective Date: November 22, 2016 Expiration Date: Total Dollar Value of Contract: $0 Total Cost to County: $0 Current Year Portion: $0 Budgeted: N/A Source of Funds: N/A CPI: No Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No. If yes, amount: Grant: No County Match: N/A Insurance Required: No Additional Details: REVIEWED BY: Rhonda Haag Completed 11/05/2016 5:02 PM Pedro Mercado Completed 11/06/2016 1:23 PM Budget and Finance Completed 11/07/2016 9:03 AM Maria Slavik Completed 11/07/2016 9:18 AM Kathy Peters Completed 11/07/2016 11:41 AM Board of County Commissioners Pending 11/22/2016 9:00 AM r MONROE COUNTY,FLORIDA ;r ANTONIO ACOSTA REGARDING CANALr ORGANIC REMOVAL,; r AIR CURTAIN 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 Antonio Acosta (the "Property Owner"), whose address is 12251 SW 47`h Street, Miami, Florida 33175-4909. WHEREAS, the Property Owner owns that certain real property located at 727 Grouper Lane, Key Largo FL 33037, whose Parcel Identification Number is 484200 which property abuts that body of water commonly known as Canal 983 (the "Canal") more specifically identified in Exhibit "A" attached hereto and incorporated herein (the "Property")- and WHEREAS, the Property Owner has agreed to assist the County with this demonstration project to aid in the improvement of water quality within the Canal (the "Organic Muck Removal, Backfilling, and. Air Curtain Project"); and WHEREAS, as part of the Organic Removal, Backfilling, and Air Curtain Project, the County will utilize the Property to install new structures and equipment for the Air Curtain, and will make other modifications as required or allowed by permit, 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 WHEREAS, the Property Owner has requested the Organic Muck Removal, Backfilling, and Air Curtain Project to go forward, and WHEREAS, the Property Owner agrees to hold the County harmless, now and forever, from any liability related to the Organic Muck Removal, Backfilling, and Air Curtain Project performed within and about the Canal. 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 1 F tz 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 organic muck removal, Backfilling, and air curtain 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 Organic Muck Removal, Backfilling, and Air Curtain Project, eight/4 horsepower compressors installed inside of two noise reducing boxes will be located on elevated support structure 4 feet from existing ground. The support structure will be attached to a concrete pad and the compressors will be connected to a new electrical panel. The equipment will be placed within a 3 foot by 6 foot area designated by the Property Owner and be surrounded by a 6 foot high fence with a locking gate. Each compressor will supply air to a diffuser manifold, located on a property near the canal mouth, which will be installed on the Canal bottom the width of the Canal. 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 placement of 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 Organic Muck Removal, Backfilling, and Air Curtain 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 Organic Muck Removal, Backfilling, and Air Curtain Project is complete, the County will replace the Property Owner's property to its original or better condition which includes 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 upon written notice to the Property Owner. 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 tenminate 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 Organic Muck Removal, Backfilling, and Air Curtain Project, 6. The Property Owner shall be exempt from the cost of the Operation and Maintenance, including electrical cost, for the Property by allowing the County to install new structures and equipment within the Property as long as the structures and equipment remain on the Property. IN WITNESS WHEREOF, the parties have executed this Agreement on this day of NOV, H ;w_. ATTEST: Clerk of Courts WITNESS to Antonio Acosta, Property Owner: By: 11f4f2016 Witness Date . rieo Print Witness Name MONROE COUNTY, FLORIDA Board of County Commissioners ME Mayor Antonio Acosta, Property Owner By: f, Date: 1114}2016 STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this 4 day of November 2016 by Antonio Acosta, owner of the property listed above. Who individually are personally known to me or individually have produced their as identification. ry'Public ELIZABETH CELEIRO Notary Public -State of flofIda Z.ntsalo 20066 AORIJ, 2019 Notary ASK Commission No. ZZ 00 q L"'17 1 My commission expires: i Exhibit "A" BK 8 LT 5 AMENDED PLAT OF SUNRISE POINT ADDN PB4-41 KEY LARGO OR779-734 OR796-1097C OR796-1098 OR839-1058 OR1210-1602/03 (U/R M1L ON FILE) OR1789-2209 OR1973-961/62 OR2676-2111/12 OR2752-141/42T/C Lot 5, Block 8, of AMENDED PLAT SUNRISE POINT ADDITION, according to the Plat thereof, as recorded in Plat Book 4, page(s) 41, of the Public Records of Monroe County, Florida. 4 1 P < - Exhibit "B" Proposed Construction Activities LLLuTHUNIC RELAY CON-RCL PANEL '14 I M!JIOH SIAI2 /S C� DFI AY Teh'FR, Rv1 'OLN,`: tJOT}F + OUT 'O'I\J S''WITCH 'MTH A:A7d_7R d kE 151"N7 LNCL'J ILL AND 8 SWFFT'AATFR R,)-A?Y VAN= �j 051,36 Y+I\w UONITOR NCUNTED CDiJr E3{GZS /4 HP, i ' DN 1U' -Ql F OR FQUIVAI FN` ?.� u..IV 'AAX 'LOW AND 1'� -.`.I MAX . 'RFSSUR.� OR -CMVA =NT. -; 4-80D Li'A3M:NTS C,F. 1-1/4- T-I"' CGM'R.E55ORS SPALL. B_- P-S'-.ED IN DID M4 TFR ROTTOW I <F SW 2 L3_+,­IHt'._ MAX NOSE AND LC;N- WEICI-TED TUBI.NO dUN ALONG i P:�TIOIt RFF ANC PCX ,1TH IHL CQNCR IL 4A-L I) CUNNL'; C T)LIN I AAS. I IIL CC'APR SSGHS IVT! H= D 7RPUTION I ANI-.>l D FHAI H FI FVRTFf7 ON A UPPn7zT ; .A. IACfILI) IJ WC03LN LN STF-h-€„RE L. FEE- FROV-.k.STNC _ '" _ - PIPING, S-ALL EE STRAPPEC UPOUND THL t JNIHA I(>R SI ALL P-AC: y TOGETHER A\C P'-A. E] ALONG A - 1 Sf I) N(tiNC Bl) IOM 01 CANAL. '41-H I CCK NG CA7F ARC -AID H= ° 0 i - I1 P S'fSILV. 1 ' 1 L 0 LI 01 1/2 )]AM TFR R`lT")M NF SF 5'EIG11 `D TUDINC H•UN ALC`1G � � ? -HE ONGRLTL WALL TC UV',,UGI r'. N -G ¢FE D15TR B-ITION MAN FCLD F'AItC_L ID?i46L200 4 NI lAC I_D I .• Vr(,4i7GL:N LN;'L. TO FE USED rq � \, ? � ;'I I'Jt SHnC }? F;T12,1P�F1 t i TACINC AREA FOR i "'GCE ' AND PLACED: ,A_C'`3C LJ4,INM'_VI 1 '•CI U14 UI .ANA_ It _j 05106 W NC MONITOR 'ACUNTLD ON NO+C- EN FENCE CR mCU +A_.NT. I .'.22 - 12" HII _ COA.ILJ L�Udd 41LHURAN-L Mill 2 K"A OPL\N;S _I hD';®-25. AT_AC7-17D TO STAIN'. =SS STFFI PASF V41TH CONCRETE *r_ICHTS PER 3ASE JR _t;Ub91_-NI. �AGH ::IA@IL'45 S =LL --'- :3AS'F FNTIAI S J DIF-L.SFRS M) 1/2". BOTTOV _NE ==LE 'ATICH.- D `UBING CONN_C _J LA;:�, IC. I- DWII%;L'.UIIGV 'Ar1NIF+1 1�. Exhibit "C" TEMPORARY GRANT OF EASEMENT AND RIGHT OF ENTRY On this 4 day of November 2016 , I, Antonio Acosta ("Owner") 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 Lot 5, Block S, of AMENDED PLAT SUNRISE POINT ADDITION, according to the Plat thereof, as recorded in Plat Book 4, pages(s) 41, 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. Owner agrees that the property may be used during the County's Organic Removal,. BackfilIing, and Air Curtain Project, to install new structures and equipment on the subject property. 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. 5. Owner affirms that the Property is, on the date of execution of this document, vacant land and contains no obstruction to the Proposed Work, other than those listed in paragraph 6 below, 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 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. The County will install new structures and equipment on the Property, as necessary, for the duration of the Organic Removal, Backfilling, and Air Curtain Project. Once the Organic Removal, Backfilling, and Air Curtain Project is complete, the County will replace the Property Owner's property to its, original or better condition which includes re -grading and/or re -sodding of disturbed areas. 7. This easement will run with the land in perpetuity and will be binding on and will inure to the benefit of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement on this day of November 4, 2016 ATTEST: Clerk of Courts WITNESS to Antonio Acosta, Property Owner: By. 11 /4/2016 Witness Date Print Witness Name STATE OF FLORIDA COUNTY OF MONROE MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS MS Mayor Antonio Acosta, Property Owner By:-..� Date: 11 /4/2016 The foregoing instrument was acknowledged before me this 4 day of November, 2016 by Antonio Acosta owner of the property listed above. Who individually are personally known to me or individually have produced their as identification. ` a..rur�iic s i ri�o?elEy ROOT Florida Commission # FF 220066 %,, :I My Comm. Expires Apr 13. 2019 , cw:4""Bonded thr National l tary Commission No. My commission expires: ? I_`