Item R10Bulk Item: X No Department: Sustainabilitv
Staff Contact /Phone #: Rhonda Haas, 453-8774
AGENDA ITEM WORDING: Approval to enter into Agreements with four homeowners referenced
below for a temporary grant of easement and right of entry for use of their properties during
construction of the two canal water quality improvement demonstration projects for air curtains on Big
Pine Key and for a culvert on Geiger Key. The air curtain projects also include an easement for access
for maintenance that will run with the land in perpetuity.
ITEM BACKGROUND: The following homeowners have provided. written approval for access to
their properties:
1. Air Curtain Weed Barrier for Canal #266 on Big Pine Key
Larry and Pam Aravena Lejeune, property located at 30990 Bailey's Lane, Big Pine Key, Parcel ID #
00310730-000000, whose property abuts a body of water commonly known as Canal #266. The
LeJeune lot is needed construction and associated work for the air curtain installation project. Air
curtain equipment, including a new electrical meter, will be installed on the Property. Access will be
allowed for maintenance of the equipment that will run with the land in perpetuity.
2. Air Curtain Weed Barrier for Canal #287 on Big Pine Key
Charles H. Chappell, property located at 31221 Hollerich Dr., Big Pine Key, Parcel ID# 00285491
002500, which property abuts that body of water commonly known as Canal #287. The Chappell
parcel is needed for construction and associated work for the air curtain installation project. Air
curtain equipment, including a new electrical meter, will be installed on the Property. Access will. be
allowed for maintenance of the equipment that will run with the land in perpetuity..
3. Geiger Key Culvert Canal #472
Philip H. Ross III and Teresa D. Ross, property located at 184 Venus Lane, Geiger Key, Parcel ID #
00147016-003500, whose property abuts that body of water known as Canal #472. The Ross parcel is
needed for construction for the Geiger Key culvert installation project which connects Canals #472 and
#470. The portion of the Iot that is located at the end of the canal will be used to place a reinforced
concrete culvert. Retroactive approval to February 18, 2015 is requested; item was inadvertently not
presented at the time of construction.
4. Geiger Key Culvert Canal #470
James Haddad Trustee, property located at 207 Venus Lane, Geiger Key, Parcel ID # 00146710-
000000, whose property abuts that body of water known as Canal #470. The Haddad parcel is needed
for construction for the Geiger Key culvert installation project which connects Canals #472 and #470.
The portion of the lot that is located at the end of the canal will be used to place a reinforced concrete
culvert. Retroactive approval to February 18, 2015 is requested; item was inadvertently not presented -
at the time of construction.
All Property Owners have acknowledged the inherent risks to them during construction and have
requested the projects go forward. The County may terminate the Agreements at any time upon written
notice to the Property Owners.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES: Not applicable
STAFF RECOMMENDATIONS: Approval
TOTAL COST: L0 INDIRECT COST: _ BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: LO
SOURCE OF FUNDS: Not applicable
REVENUE PRODUCING: Yes _ X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing. Risk Managemen ;
DOCUMENTATION: Included X. Not Required
DISPOSITION•
AGENDA ITEM No. CAD #
va Meow-r5
HOLD HARMLESSIMAINT'ENANCE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
LARRY AND PAMELA ARAVENA LEJEUNE
REGARDING THE CANAL #266
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 Larry and Pamela
Aravena Lejeune (the "Property Owners"), whose address is 10035 Ridgely Rd., Baton Rouge, LA
70709-2834.
WHEREAS, the Property Owner owns that certain real property located at 30990 Baileys
Ln., Big Pine Key. Parcel Identification Number is 00310730-000000, which property abuts that
body of water commonly known as Canal #266 (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 remove existing structures and equipment and 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 from which the existing structures and
equipment will be removed and 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
I Pa g e
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
remove existing structures and equipment and 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.
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, all existing structures and equipment will
be removed with the exception of the northern concrete pile and concrete walls as identified in Exhibit
"B". Two 3' x 3' concrete pads will be constructed on the southern end of the Property. One -1/4
horsepower compressor installed inside of a noise reducing box will be located on each concrete pad
and will be connected to a new electrical panel. Concrete pads will be surrounded by ornamental plants.
Each compressor will supply air to a diffuser manifold which will be installaed on 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 Weed Barrier Restoration, as referenced above, hereby grants and
conveys to the County, its agents and assigns, a construction easement and right of entry, attached
hereto and made a part hereof as Exhibit "C" over the Property to access and construct the Weed Barrier
Restoration 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.
2IPage
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
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 10035 Ridgely Rd., Baton Rouge, LA 70709-
2834. 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 and upon written Notice to the County in care of Rhonda Haag at
Murray Nelson Government Center, 102050 Overseas Highway, Suite 2-246, Key Largo, FL
33037. Notice is effective upon mailing.
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.
(Remainder of this page left intentionally blank — signature page to follow)
31 1ks e
IN WITNESS WHEREOF, the parties have executed this HOLD HARMLESS/MAINTENANCE
AGREEMENT AND EASEMENT on this — day of , 2015.
ATTEST: MONROE COUNTY, FLORIDA
Clerk of Courts Board of County Commissioners
By:
Mayor
Date:
Signatures of Larry and Pamela Aravena Lejeune:
WITNESS to By: Larry Lejeune, Property Owner
Lejeune: L:
?-,q tc --e, c ., a / 2 "q V c
Print Witn s Name
Date0 lS~
STATE OF
OF
By: —
Date:� (�
THIS DOCUMENT NOT
PREPARED BY
THE UNDERSIGNED NOTARY
ATTESTING TO SIGNATURES ONLY
The foregoing instrument was acknowledged before me this 11 day o by Larry
Lejeune, the owner of the property listed above.
has roduced his 1-11 V%AJ-L , • as
Si are I'
Print Notary Name or Stamp
0,9JUana W. Mcore, Notary No. 68,583
WITNESS to
ela Aravena L �
,Fitness
Pri r s Name
Date�.('
STATETy b
I Tl� - �Iyl,
0-tir-----
Who individually is persona ly known to me or individually
identification.
,ones{oK'-'w� il
Commission No. .40
s `
My commission expo s:
By: Pamela Aravena Lejeune, Property Owner
THIS DOCUMENT NOT
v
PREPARED BY
THE UNDERSIGNED NOTARY
ATTESTING TO SIGNATURES ONLY
s ��
The foregoing instrument was acknowledged before me this 11 day Itby Pamela
Aravena Lejeune, the owner of the pro erty listed above. Who individually personally known to me or
individually has produced his. L 4 J3 2— as identification.
Sign re -4 I' _ "Commissioned for Life
Commission No.
My commission expires:
Print Notary Name or Stamp
Daluaria W. moore, Notary No. 68583
4 1 P a g e
Exhibit "A"
BK 2 LT 23 AND SLY 60FT LT 24 DOCTORS ARM SUB P83-141 BIG PINE KEY OR609-163 OR1091-1635 OR1147-
1943/44 OR1176-700/01 OR2660-1950/51
OR
Lot 23 plus southerly 60 feet of Lot 24, Block 2, Doctors Arm subdivision, Big Pine Key, as recorded in Plat
Book 3, Page I41, of the Public Records of Monroe County, Florida.
9
Exhibit "B"
Proposed Construction Activities
6�Page
Exhibit "C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this 11 day of I, Lary and Pamela Aravena Lejeune ("Owners"), in
consideration of the benefi 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 30990 Baileys Ln., Big
Pine Key, Block 2, Lot 23 and southerly 60 feet of Lot 24, as recorded in Plat Book 3, Page 141, 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, all existing structures and equipment will be removed with the
exception of the northern concrete pile and concrete was. Two 3' x 3' concrete pads will be
constructed on the southern end of the Property. One 3/4 horsepower compressor installed
inside of a noise reducing box will be located on each concrete pad and will be connected to
a new electrical panel. Concrete pads will be surrounded by ornamental plants. Each
compressor will supply air to a diffuser manifold which will extend the width of the Canal.
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.
......... . ..... .........
7 Page
A i
l
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.
g. 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.
�Page
(Remainder of this page left intentionally blank — signature page to follow)
IN WITNESS WHEREOF, the parties have
this day of ,
ATTEST:
Clerk of Courts
Signatures of Larry and Pamela Aravena Lejeune
WITNESS to
arry Lejeune:
tness
Q P1!VqA1fl
Print wies �Namme THIS DOCUMEI
Dater/j^ PREPARED
THE UNDERSIGNE
ATTESTING TO SIGN�.� ��.�.....-�.
Tletregomg instrument was acknowledged before me this ( day 1 y Larry
Lejeune, the owner of the property listed above. Who individually is person y known to me or
individually has produced his L Pt b L-- as identification.
Signa tary Pub is
Commission No. r Commissioned for L i e�
My commission expires:
Print Notary Name or Stamp
Ntlana W fie, Notary No. e858',
WITNESS to By: Pamela Amvena Lejeune, Property Owner
ela Aravena L,.eeune:
B •
,
Aitfiess Date: _ �/II 4d
Print Witness Name
Date
THIS DOCUMENT NOT•
STATE OFF PREPARED BY
�� '
THE
OF a THE UNDERSIGNED NOTARY
TO SIGNATURES ONLY�Si;a
The foregoing instrument was acknowledged before me this (7 day of
by Pamela
Aravena Lejeune, the owner of the propert listed above. Who individually is
ersonally known to me or
individually has producedrhis. U L as identification.
h-Al
Signa i,
r ` Commission No. "Comrntssion��+
r
My commission expires:
Print Notary Name or Stamp
D*Jana W. Moore, Notary No, 68583
91Pa;e
HOLD HARMIESS/MAINTENANCE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
CHARLES H. CHAPPELL
REGARDING THE CANAL #287
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 Charles H. Chappell
(the "Property Owner"), whose address is 31221 Hollerich Dr., Big Pine Key, FL 330434602.
WHEREAS, the Property Owner owns that certain real property located at 31221
Hollerich Dr., Big Pine Key. Parcel Identification Number is 00285491-002500, which property
abuts that body of water commonly known as Canal #287 (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 wd'of the Weed Barrier Restoration Project, the County will utilize the
Property to remove ex&ting structures and equipment and 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 from which the existing structures and
equipment will be removed and 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
��g e
agreement to remove existing structures and equipment and 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.
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 3' x 3' concrete pads will be
constructed on the southeast corner of the Property. One % horsepower compressor installed inside
of a noise reducing box will be located on each concrete pad and will be connected to a new electrical
panel. Concrete pads will be surrounded by ornamental plants. Each compressor will supply air to a
diffuser manifold 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 Weed Barrier installation, as referenced above, hereby grants and conveys to the County, its
agents and assigns, a construction easement and right of entry, 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
2 1 P a g e
acknowledged, hereby grants and conveys to the County, an Easement and Right of Entry over the
Property and 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 31221 Hollerich Dr., Big Pine Key,
FL 330434602. 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 and upon written Notice to the County in
care of Rhonda Haag at Murray Nelson Government Center, 102050 Overseas Highway, Suite 2-
246, Key Largo, FL 33037. Notice is effective upon mailing.
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.
(Remainder of this page left intentionally blank —signature page to follow)
IN WITNESS WHEREOF, the parties have executed this HOLD HARML
AGREEMENT AND EASEMENT on this day of , 2015.
ATTEST:
Clerk of Courts
Signature of Charles Chappell:
WITNESS to
Charles Chappell:
Witness
71rsAro
Print Witness Name
Date: to
MONROE COUNTY, FLORIDA
Board of County Commissioners
By:
Mayor
Date:
By: Ch$rl Chappell, Prope O er
By:
Date:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day ofLn cis by Charles
Chappell, the owner of the property listed above. Who individually is personally known to me or individually
has produced his as identification.
Signs Notary r 1 / �'� 2
Commission No.
My commission expires: U ao I�
P int tary Name or Stamp
REBECCA L LA:4671i703
Notary Public • Staterida
My Comm, Expires Au017
�';;a�;;;••• Commission N Ff
4
Cr
Exhibit "A"
LT 25 ATLANTIS ESTATES P66-50 BIG PINE KEY OR575-239 OR642-868 OR761-1905 OR1581-799 OR1581-800
OR2512-1985/86D/C
OR
Lot 25, Atlantis Estates, Big Pine Key, as recorded in Plat Book 6, Page 50, of the Public Records of Monroe
County, Florida.
51ag
1+
Exhibit "B"
Proposed Construction Activities
I0y295491.00
LOT WITH
T!E AND ROCK
FRINGE.
ATTACH DISTRIBUTION MANIFOLD
WITH NEEDLE VALVES TO THE CONCRETE
SEAWALL WITH 4- LONG X 3/6' TAPCONS
AND 1/2' STAINLESS STEEL STRAPS.
GULF
� 91NGLE PHASE ` 5 SIDE YARO SETBACK > a �
40 AMP SERVICE &� ��
BREAKER PANEL WITH 2 20 q APPROXIMATELY 250 LF OFi NA
SERVICE UNE PLACED IN J } I,�,� z ,
AMP BREAKERS WITH 3
x
GFCI'S NEXT TO EXISTING y }" GRADE CONDUIT s
t PANEL ON HOUSE��
a cep DIGITAL WEATHER MONITOR ' 1 "
REMOVE AND INSTALL , ! w - e 3 4 PARCEL ID�2B5491.0026 .
A NEW 2' GALVANIZED IMOUNTED ON 10 MAST EMPTY LOT WITN
R10Ge'D RISER.In I 5�A 4 ENCLOSURE WITH MANGROVE AND ROCK
c "WIND OIRECRON CONTROL
0, RIPRAP FRINGE
APPROXIMATELY 60 LF SWITCH WITH ELECTRONIC a
OF ELECTRIC SERVICE FOR MOTOR CONTROL
'j' IN THE SAME LOCATION
AS THE EXISTING ABOVE GRADE CONDUIT`- € �.
SERVICE t `
BLOWER ENCLOSURE x
HOLLERICH DRIVE
4-3/4 HP AIR
s
'BLOWERS k 2 40W _ k�
A COOUNG FANS(TYP ) "rT
e.-
.......... ..._
6 1 P a g e
Exhibit "C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this 22nd day of June, 2015, I, Charles Chappell ("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 31221 Hollerich Dr., Big Pine Key, Lot 25, Atlantis
Estates, as recorded in Plat Book 6, Page 50, 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, existing weed barriers, wooden dock, and associated
components will be removed. The northern section of weed barrier will be replaced as
identified in Exhibit "B". Two 3' x 3' concrete pads will be constructed on the southeast
corner of the Property. One'/o horsepower compressor installed inside of a noise reducing
box will be located on each concrete pad and will be connected to a new electrical panel.
Concrete pads will be surrounded by ornamental plants. Each compressor will supply air to
a diffuser manifold which will extend the width of the Canal.
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 Iand 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. 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)
81Page
IN WITNESS WHEREOF, the parties have executed this Easement and .Right
this day of ,
ATTEST:
Clerk of Courts
Signature of Charles Chappell:
WITNESS to
Charles Chappell:'
Witness
NGt 7/>-,-4gj_
Print Wi ess Name
Date: S
MONROE COUNTY, FLORIDA
Board of County Commissioners
By:
Mayor
Date:
By: Ch les Chappell, ProperW Pwner
By:
Date:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing; instrument was acknowledged before me this � day ofc VS by Charles
Chappell, the owner of the property listed above. Who individually is personally known to me or
individually has produced his as identification.
Sig na 3 Notaryublic -77
Commission No. 7
My commission expires: pn)p3 jf-j 1.�-o I -
Print Lary N e or Stamp
REBECCA L LACEY
• . Notary Putdic State of Florida
'N• A., My Comm; Exptres Aug 19, 2017
%toy �e� :•' COMmisslon M FF 46773
9Pagi
oi
HOLD HARMLESS/MAINTENANCE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
PHILIP H M AND TERESA D ROSS
REGARDING THE CANAL #472 and #470
CULVERT INSTALLATION GEIGER 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 Philip H III and Teresa
D Ross (the "Property Owners"), whose address is 263 Mars Lane, Key West, Florida 33040-6311.
WHEREAS, the Property Owner owns that certain real property located at 184 Venus Lane
Geiger Key, Parcel Identification Number is 00147016-003500, which property abuts that body of
water commonly known Canal #472 (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 culvert
connecting the canals in any way; and
WHEREAS, the Culvert Installation Project is a voluntary project, and the Property Owner
has fully agreed to the Culvert Installation Project scheduled for the canal which crosses a section
of their Property; and
WHEREAS, the Property Owner, whose property abuts the canal, has agreed to assist the
County with this demonstration Culvert Installation Project to aid in the improvement of water
quality within the Canal (the "Culvert Installation Project"); and
WHEREAS, as part of the Culvert Installation Project, the County will utilize the Property
to install a concrete reinforced elliptical culvert and will make other modifications as required or
allowed by permit, for a period of up to six (6) 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 the culvert crosses 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 Culvert
Installation Project is completed; and
WHEREAS, in spite of the inherent risks the Property Owner has requested the Culvert
Installation Project go forward. The Property Owner, in exchange for the County's agreement to
install a culvert, agrees to hold the County harmless, now and forever, from any liability related to
_.
I I P
the Culvert Installation Project performed within and about 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:
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
installation of a culvert 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 Culvert Installation Project, a 10 foot wide trench will be excavated to place
a 24 inch by 38 inch reinforced concrete elliptical culvert in the trench. Approximately 27 linear feet
of the culvert is located on the subject property. During the installation of the culvert a 10 foot wide
section of concrete seawall located along the canal will be removed and replaced. The Property Owner
acknowledges that these dimensions may not be exact but are believed to be close to what will be
installed. 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 culvert installation, as referenced above, hereby grants and conveys to the
County, its agents and assigns, a construction easement and right of entry, attached hereto and made a
part hereof as Exhibit "C" over the Property to access and construct the Culvert 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 a culvert on the
property.
3. Once the Culvert Installation 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 and replacement of the concrete seawall.
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
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.
2Page
_ .� ��.._ „ ......��._.. ._.._.... �.2._ .
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 263 Mars Lane, Key West, Florida
33040-6311. 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 and upon written Notice to the County in care of Rhonda
Haag at Murray Nelson Government Center, 102050 Overseas Highway, Suite 2-246, Key Largo,
FL 33037. Notice is effective upon mailing.
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 Culvert Installation Project.
(Remainder of this page left intentionally blank — signature page to follow}
E
IN WITNESS WHEREOF, the parties have executed this HOLD HARMI
AGREEMENT AND EASEMENT on this _ day of , 2015.
ATTEST:
Clerk of Courts
Signatures of Philip H III and Teresa D Ross:
WITNESS to
Ph}i,�ip- /`Ryass III•.. � � -
Witness
tx A iJAI { &t iYiS
Print Witness Name
Date:
MONROE COUNTY, FLORIDA
Board of County Commissioners
By:
Mayor
Date:
By: Philip H Ross III, Property Owner
By: -�QO
Date: t Ku
STATE OF FLORIDA
COUNTY OF MONROE ell
The foregoing instrument was acknowledged before me this day of #. by Philip H
Ross III, the owner of the property listed above. Who individually is personally known to me Wk
h
Signature of Notary P. blic
tt Commission No.i' 1i�It
My commission expires:
P int Notary Nam o S
JUDITH KATHERINE SIMONS
Nouary Public • 0tats of F10rids
WITNESS to My Comm. Exphs Jim 2% 2019 By: T sa D Ross, Property Owner
Teresa D oss: a;COMMISIRn # FF t6St07
4r�rtpp �s,rou�rV
Witness Date:
Print Witness Name
Date: t k t I
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of A 2.LVby Teresa D
Ross, the owner of the property listed above. Who individually is personally known to me -i • as
�cc��' as.idettti.ftcatan.
Exhibit "A"
BK 13 LT 12 AND BK l l ELY 12FT LT 14 TAMARAC PARK PB6-55 GEIGER KEY OR694-10 OR877-
1756D/C OR898-768 OR1049-1997 OR1281-878/79 OR1347-552/53 OR1669443/44 OR2709-1166D/C
OR2709-1167/68
OR
Lot 12, Block 13, plus adjacent 12 feet of Lot 14, Block 11 TAMARAC PARK SUBDIVISION, GEIGER KEY,
as recorded in Plat Book 6, Page 55, of the Public Records of Monroe County, Florida.
6 Page
Exhibit "B"
Proposed Construction Activities
C"CA
MXhr COkCg"- aM MAD.
i R=Urcrm.
A4O NCPLV� Talo., 6,
ACUOVI: CLrATS "0 PVC nuot= CNISSTAMN Aila SEWAGE'N
Kw% REMMt
o A 10, STCTQN Cw tK 3 4' 40C
"REWME AN 1 01 --a A IV wilon (;f IN!
le W OC WrRM KAWALL
61.Page
If Of• J.—
Emit: tuwrn. IPF. mill
=ATP-
Y-W
Exhibit 1101
GRANT OF EASEMENT AND RIGHT OF ENTRY
.r
On this day of D,4,J 5 , I, Philip H III and Teresa D Ross ("Owners"), in
consideration of the benefi 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 184 Venus Lane, Geiger
Key, Block 13, Lot 12, as recorded in Plat Book 6, Page 55, 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 Culvert Installation
Project. During the Culvert Installation Project, a 10 foot wide trench will be excavated to
place a 24 inch by 38 inch reinforced concrete elliptical culvert in the trench. Approximately
27 linear feet of the culvert is located on the subject property. During the installation of the
culvert a 10 foot wide section of concrete seawall located along the canal will be removed
and replaced. The contractor will be responsible for replacing in -kind any damage to private
property. Property Owner acknowledges that these dimensions may not be exact but are
believed to be close to what will be installed
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 culvert 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.
_...... ..... _... . _.... ....
,
�Paga
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, 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 (d) 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)
IN WITNESS WHEREOF, the parties have executed this Easement and
this day of ,
ATTEST:
Cleric of Courts
Signatures of Philip H III and Teresa D Moss:
MONROE COUNTY, FLORIDA
Board of County Commissioners
By:
Date:
WITLESS to By: Philip H ss III, Property Owner
'lip H Rass III: �z
By:
W to ss Date:
4 .
Prtnt Witness Name
Date:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of ' , 2,.0 t�S'by Philip H
.Ross III, the owner of the property listed above. Who individually is personally known to me or~
Signature of Notary Pubii
rint Notary Name or Statttpw
WITNESS to
�Wililpess
Prrint Witness ame
Date: ?.
Commission No. VP E; 101
My commission expires 2r
Ttt@01NE SIMONS
Notary PU®Ho • state of Florida
My Comm. Expires Jan 25. 2011
Commission I FF 165107
800KIse through N24WW Nority AN
By: sa D Ross, Property Owner
B• S
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of by Teresa D
Ross, the owner of the property listed above. Who individually is personally known to mew-indiaily
art --
HOLD ESS/MAINTENANCE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
JAMES HADDAD TRUSTEE
REGARDING THE CANAL #472 and #470
CULVERT INSTALLATION GEIGER 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 James Haddad Trustee
(the "Property Owners"), whose address is PO Box 248, Green Harbor, MA 02041.
WHEREAS, the Property Owner owns that certain real property located at 207 Venus Lane
Geiger Key. Parcel Identification Number is 00145710-000000, which property abuts that body of
water commonly known Canal #470 (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 culvert
connecting the canals in any way; and
WHEREAS, the Culvert Installation Project is a voluntary project, and the Property Owner
has fully agreed to the Culvert Installation Project scheduled for the canal which crosses a section
of their Property; and
WHEREAS, the Property Owner, whose property abuts the canal, has agreed to assist the
County with this demonstration Culvert Installation Project to aid in the improvement of water
quality within the Canal (the "Culvert Installation Project"); and
WHEREAS, as part of the Culvert Installation Project, the County will utilize the Property
to install a concrete reinforced elliptical culvert and will make other modifications as required or
allowed by permit, for a period of up to six (6) 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 the culvert crosses 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 Culvert
Installation Project is completed; and
WHEREAS, in spite of the inherent risks the Property Owner has requested the Culvert
Installation Project go forward. The Property Owner, in exchange for the County's agreement to
install a culvert, agrees to hold the County harmless, now and forever, from any liability related to
_.
11Page
the Culvert Installation Project performed within and about 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:
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 installation of a culvert 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 Culvert Installation Project, a 10 foot wide trench will be excavated to place
a 24 inch by 38 inch reinforced concrete elliptical culvert in the trench. Approximately 27 linear feet
of the culvert is located on the subject property. During the installation of the culvert a 10 foot wide
section of concrete seawall located along the canal will be removed and replaced. The Property Owner
acknowledges that these dimensions may not be exact but are believed to be close to what will be
installed. 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 culvert installation, as referenced above, hereby grants and conveys to the
County, its agents and assigns, a construction easement and right of entry, attached hereto and made a
part hereof as Exhibit "C" over the Property to access and construct the Culvert 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 a culvert on the
property.
3. Once the Culvert Installation 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 and replacement of the concrete seawall.
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 Canal, for the purpose set forth in this Agreement, said Right of Entry given to the
20Page
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 PO Box 248, Green Harbor, MA
02041. 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 and upon written Notice to the County in care of Rhonda Haag at
Murray Nelson Government Center, 102050 Overseas Highway, Suite 2-246, Key Largo, FL
33037. Notice is effective upon mailing.
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 Culvert Installation Project.
[Remainder of this page left intentionally blank — signature page to follow)
3IPage
IN WITNESS WHEREOF, the parties haveexecuted this HOLD HARM1
AGREEMENT AND EASEMENT on this, day of , 2015.
ATTEST:
Clerk of Courts
Signatures of James Haddad Trustee:
WITNESS to
James -Haddad Trustee: rx
Witness De' Ii'%4 e5
Print Witness Name �j t
Date:
0—,ctAt sJce1L'/>`L7'lfv? ti605 &eHc)sr—rJ
COUNTY OF 8E ?L-V AOIJ Vt r , --.---
The foregoing instrument was acknowledged before me this G�, day of JP %U ',Qw�by James
Haddad Trustee, the owner of the property listed above. Who individual) s persona y cnawn tome r
individually has produced his as identification.
MONROE COUNTY, FLORIDA
Board of County Commissioners
By:
Mayor
Date:
Print Notary Name or Stamp
. _ .... ....._
4 rage
By: James Haddad Trustee, Property Owner
By:
Dal
NOCEAN COPER II
Riot► Nft
Co=mnweaW?vfMae=huuft
wmy CommWian Expism March 21, 2019
Commission No.
My commission expires:.
61
Exhibit "A"
BK 4 LT 38 GEIGER MOBILE HOMES GEIGER KEY PB-5-77 OR428-570-571 OR694-10
OR877-1756D/C OR 914-2379 OR939-2034 OR1644-447 OR1644448/49AFF
OR
Lot 38, Block 4, GEIGER MOBIL HOMES, a subdivision according to the Plat thereof, recorded in Plat Book
5, Page 77 of the Public Records of Monroe County, Florida. Together with ***** Mobile Home, ID #45541927
and ID #45532137
Subject to covenants, restrictions, easements of record and taxes for 2000. Together with 1980 doublewide
BR00 Mobile Home, ID # FLFL2BA25322448 & FLFL2AA25322448, as part of real property thereof.
Parcel Identification Number. 00145710-000000, AK l 187062
.......... .................. _ .. .....
5(Pae
~
Exhibit "B„
Proposed Construction Activities
i .... 3 (�
t
A "a' CY j
S?[0' SI M CiAso Wi .�O LFCF . PM
1 Ja' �mr;c' Sima�'';tE t�s^vALL r.A>ev ¢aza
i`. tl t» aa' a y3' t�9�ptStA
CCaSRiii G7.: T?Et T. v yi
± J
!p`.,, + N Via.✓^ � 4 �..r'
w
6�Page
LSOMA <;
.
,,;`oar � � ..e- ,.. }���/�,• Y
fi----"
Exhibit "C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this ��1' day of 7 H J4.., -ao 15 , I, James Haddad ("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 207 Venus Lane Geiger Key,
Geiger Mobile Homes Subdivision, in Block 4, Lot 38 as recorded in Plat Book 5, Page 77, 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 Culvert Installation
Project. During the Culvert Installation Project, a 10 foot wide trench will be excavated to
place a 24 inch by 38 inch reinforced concrete elliptical culvert in the trench. Approximately
27 linear feet of the culvert is located on the subject property. During the installation of the
culvert a 10 foot wide section of concrete seawall located along the canal will be removed
and replaced. The contractor will be responsible for replacing in -kind any damage to private
property. Property Owner acknowledges that these dimensions may not be exact but are
believed to be close to what will be installed.
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 culvert 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 Page
—. ,
c
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, 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.
8 Page
[Remainder of this page left intentionally blank — signature page to follow)
IN WITNESS WHEREOF, the parties have executed this Easement and Right o
this day of ,
ATTEST: MONROE COUNTY, FLORIDA
Clerk of Courts Board of County Commissioners
By:
Mayor
Date:
Signatures of James Haddad Trustee:
WITNESS to By: James Haddad Trustee, Property O,
Ja&/&
adda T Hrustss
By:
"Y,-� Xr<-�
Ww iw�
Print Witness Name
Date: 41
ftoltm
�o,u�ta•uu1E'/�cTN o
COUNTY OF+fe? IR9E 4. yma v, .4
The foregoing instrument was acknowledged before me this o��s day of aQ(,"'by James
Haddad Trustee, the owner of the property listed above. Who individually is Verson ily known to me -or
individually has produced his as identification.
NAA}CE ANN CA5PER, ii
Nouq Pubk
slurs of Not Pb ' Con m nwwhh of Ma�snc amb
Notary My CommMlon Exptms March 21, 2(ng
L44'�(c
Commission No.
My commission expirrs:
Print Notary Name or Stamp
9gage
Meeting Date: July. 15,2015 Division: Counly Administrator
Bulk Item. X No Department: Sustainability
AGENDA ITEM WORDING: Approval to enter into Agreements with four homeowners referenced
below for a temporary grant of casement and right of entry for use of their properties during
construction of the two canal water quality improvement demonstration projects for air curtains on Big
Pine Key and for a culvert on Geiger Key. The air curtain projects also include an easement for access
for maintenance that will run with the land in perpetuity,
ITEM BACKGROUND: The following homeowners have provided written approval for access
their properties,
1. Air Curtain Weed Barrier for Canal #266 on Big Pine Key
Larry and Pam Aravena Lejeune, property located at 30990 Bailey's Lane, Big Pine Key, Parcel ID
00310730-000000, whose property abuts a body of water commonly known as Canal #266.
LeJeune lot is needed construction and associated work for the air curtain installation project.
curtain equipment, including a new electrical meter, will be installed on the Property. Access will
allowed for maintenance of the equipment that will run with the land in perpetuity. I
2. Air Curtain Weed Barrier for Canal #287 on B-ig Pine Key
Charles H. Chappell, property located at 31221 Hollerich Dr., Big Pine Key, Parcel ID# 00285491-
002500, which property abuts that body of water commonly known as Canal #297. The Chappell
parcel is needed for construction and associated work for the air curtain installation project. Air
curtain equipment, including a new electrical meter, will be installed on the Property. Access will be
allowed for maintenance of the equipment that will run with the land in perpetuity.
3 GeigerKey Culvert Canal #472
Philip H. Ross III and Teresa D. Ross, property located at 184 Venus Lane, Geiger Key, Parcel ID
00147016-003500, whose property abuts that body of water known as Canal #472. The Ross parcel
needed for construction for the Ge*r Kep culvert installatfic
#470. The portion of the lot that is located at the end of the canal will be used to place a cinfibre
r, atl I
concrete culvert. Retroactive approval to February 18, 2015 is requested; item was inadverten y III
presented at the time of construction.
4..Geiger KeX.Culvert Canal #470
James Haddad Trustee, property located at 207 Venus Lane, Geiger Key, Parcel ID # 00146710-
000000, whose property abuts that body of water known as Canal #470. The Haddad parcel is needed
it: **nA-vx;tivn ft.r )h;m5Q-;4Wr instalInti.-t wkii.-k eco.- liww-2 and. -
The portion of the lot that is located at the end of the canal will be used to place a reinforced concrete
culvert. Retroactive approval to February 18, 2015 is requested; item was inadvertently not presented
at the time of construction.
All Property Owners have acknowledged the inherent risks to them during construction and have
requested the projects go forward. The County may terminate the Agreements at any time upon written
I' otice to the Property Owners.
PREVIOUS RELEVANT BOCC ACTION:
■DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $0 SOURCE OF FUNDS: Not aMlicable
REVENUE PRODUCING: Yes N� x AMOUNT PER MONTH Year
APPROVED BY: County A, tty OMB.yPurchasing 0.9 Risk Managernenk%--
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM No.. CAD #
HOLD HARMCHESS IMAINTENAINN CE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
LARRY AND PAMELA ARAVENA ICE
REGARDING THE CANAL #266
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 Onto Building, Room 205, Key West, FL 33040 and Larry and Particle
Aravena Lejeune (the "Property Owners"), whose address is 10035 Ridgely Rd., Baton Rouge, LA
70709-2834.
WHEREAS, the Property Owner owns that certain real property located at 30990 Baileys
Ln., Big Pine Key. Parcel Identification Number is 00310730-000000, which property abuts that
body of water commonly known as Canal #266 (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, asp of the Weed Barrier Restoration Project, the County will utilize the
Property to remove existing structures and equipment and 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 from which the existing structures and
equipment will be removed and 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
remove existing structures and equipment and 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.
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 rinsing 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, all existing structures and equipment will
be removed with the exception of the northern concrete pile and concrete walls as identified in Exhibit
"B". Two 3' x 3' concrete pads will be constructed on the southern end of the Property. One 3/4
horsepower compressor installed inside of a noise reducing box will be located on each concrete pad
and will be connected to a new electrical panel. Concrete pads will be surrounded by ornamental plants.
Each compressor will supply air to a diffuser manifold which will be installaed on 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 Weed Barrier Restoration, as referenced above, hereby giants and
conveys to the County, its agents and assigns, a construction easement and right of entry, attached
hereto and made a part hereof as Exhibit "C" over the Property to access and construct the Weed Barrier
Restoration 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
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 ma led to Property Owner at 10035 Ridgely Rd., Baton Rouge, LA 70709-
2834. 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 and upon written Notice to the County in care of Rhonda Haag at
Murray Nelson Government Center, 102050 Overseas Highway, Suite 2-246, Key Largo, FL
33037, Notice is effective upon mailing.
6a The indemnification, defense, and hold harmless provisions contained herein shall
survive termination and shall remain in hill 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.
(Remainder of this page left intentionally blank — signature page to follow)
31
IN WITNESS WHEREOF, the parties have executed this HOLD HARMLESWIVIAINTENANCE
AGREEMENT AND EASEMENT on this _ day of _, 2015. /—N 1.11
ATTEST: MONROE COUNTY, FLORIDA
Clerk of Courts Board of County Commissioners
By:
Mayor
Date:
Signatures of Larry and Pamela Araven a Lejeune:
WITNESS to By: Larry Lcjcune, Property Owner
LarT-v Lejeune:
By:
Date:""(,/i%115
Print Witne a N me
D 946, THIS DOCUMENT NOT
ate
PREPARED BY
STATE OF THE UNDERSIGNED NOTARY
YY OF ATTESTING TO SIGNATURES ONLY
The foregoing instrument was acknowledged before me this day 0 ' c;�O by Larry
Lejeune, the owner of the roperty listed above. Who individually is persormly �kno a to me or individually
has reduced his /-#1 as identification.
S1 ure i I'
Commission No.
My commission
Print Notary Name or Stamp
Nalthlna VV Moore, Notary No, 68583
WITNESS to
Mela ALraveiAll:
,,ow itness
r/? le-0 !�' A 12 V1 V C-
Pri i e a Name
Date69710,1_
STATE OiQ�LAAI>'
RO.Parroda Amvena Lejeune,' Property Owner
BT): 60'
D�ate,
THIS DOCUMENT NOT
PREPARED BY
THE UNDERSIGNED NOTARY
ATTESTING TO SIGNATURES ONLY
The foregoing instrument was acknowledged before me this 1) day Pamela
Aravena Lejeune, the owner of the pro erry listed above. Who individually personapersona o me or
individually has produced hia, L;q as identification.
Print Notary Name or Stamp
Commission No.
My commission expires-
08JUana W. mowre, Notary No. 8858a
OK 2 LT 23 AND SLY 60FT LT 24 DOCTORS ARM SL10 P63-141 BIG PINE KEY R609-163 R1091-1635 R1147-
194 /44 OR1176-700/01 OR2660-1950/51
Lot 23 Plus southerly 64 feet of Lot 24, Block 2, Doctors Arm subdivision, Big Pine Key, as recorded in Plat
Book 3, Page 141, of the Public Records of Monroe County, Florida.
51
-X ST VC: TF M'CRARY WC07FN
E-ECT!K FOL:. PLAC:
2C8 YJ , J-Pi AS , 40
AV' SFRVICF h 8RFn-<ER
JAIL WTI1 2-20 AIAP
IMLAA-16 W I I G L S'
6 1 P a g e
Exhibit "B"
Proposed Construction Activities
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this 0 day of 1, Larry and Pamela Aravena Lejeune ("Owners"), in
consideration of the benefi, 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 30990 Baileys Ln., Big
Pine Key, Block 2, Lot 23 and southerly 60 feet of Lot 24, as recorded in Plat Book 3, Page 141, 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, all existing structures and equipment will be removed with the
exception of the northern concrete pile and concrete walls. Two 3' x 3' concrete pads will be
constructed on the southern end of the Property. One % horsepower compressor installed
inside of a noise reducing box will be located on each concrete pad and will be connected to
a new electrical panel. Concrete pads will be surrounded by ornamental plants. Each
compressor will supply air to a diffliser manifold which will extend the width of the Canal.
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 or on the Property shall be accomplished under permits acquired by the COUNTY or
its agents.
5. Owner shall furnish and maintain the easement area firee 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.
71
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.
III I III IN III III g
as
IN WITNESS WHEREOF, the parties have executed this Easement and Right
this day of _,
ATTEST: MONROE COUNTY, FLORIDA
Clerk of Courts Board of County Commissioners
By:
Mayor
Date:
Signatures of Larry and Pamela Aravena Lejeune-
WITNESS to
Wa—
j2yq� Q�)ZPVQWA
By: Larry Lejeune, Property Owner
By:
Print Wiglesp Name THIS DOCUMENT NOT
Date:
PREPARED BY
THE UNDERSIGNED NOTARY
STATE OF ATTESTING TO SIGNATURES ONLY
T-:
Cr VO Thcfrrcg�oing iQTE �asacknowledgcd before me this M day —by Larry
Lejeune, the owner of the property listed above. Who individually is person y known to me or
individually has produced his ]- ior as identification.
Signa Pub
ie
... ........
�tav Commission cep
My commission expires: .. ... ... ... ... ... ... ... ... ... ... ... ..
Print Notary Name or Stamp
Diskjana Dr Moore, Notary No 685g
WITNESS to
ela Aravena Le'
imess
eyce
Priht Witness Name
Date:a
By: Pamela Aravena Lejeune, Property Owner
Date: M1 /if
THIS DOCUMENT NOT
STATE OF PREPARED BY
OF THE UNDERSIGNED NOTARY
TESTING TO SIGNATURES ONLY
The foregoing instrument was acknowledged before me this I ) day of by Pamela
Aravena Lejeune, the owner of the p ro V-S pert listed above. Who —individually kis$e�rsonally known to me or
k-
individually has producedids. L- L as identification.
Signa i
Commission No.
My commission expires: ................................................
Print Notary Name or Stamp
"ajuana W Moore, Notary No