Item M6Add On Agenda Item for 04-15-15
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUNEMMY
Meeting Date: April 15, 2015 Division: County Administrator
Bulk Item: X No Department: Sustainability
Staff Contact /Phone #: Rhonda Haag, 453-8774
AGENDA ITEM WORDING: Approval to enter into an Agreement with Jerry Shearin for a
temporary grant of easement and right of entry for use of their property located at Lot 48 on Witters
Lane, Big Pine Key, Parcel Identification Number 00310490.000000, during construction of the canal
organic removal water quality improvement demonstration project at Canal #266, Doctor's Arm
Subdivision, Big Pine Key.
ITEM BACKGROUND: The Shearin property is a vacant lot on Canal #266, and is needed for a
construction staging area and associated work for the canal organic removal project. The lot will be
used as a staging area for the storage of equipment and materials related to the dewatering activities of
dredged soil material from Canal #266. Equipment may include vehicles, a trailer, and piping.
Materials may include the final capping sand, and other items necessary to complete the organic
removal and dewatering work.
The Property Owner has acknowledged that the configuration of the Canal and the shoreline may be
such that during the project possible instability of the Canal area may pose a danger to the homeowner
property. The Property Owner has acknowledged he is aware of the potential danger to his property,
and has requested that the project move forward. In exchange for the County's agreement to remove
the organic material from 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 County's contractor to be hired will install a temporary construction fence for safety, which will
be removed after completion of the project. The County may terminate the Agreement at any time
upon written notice to the Property Owner. No homeowners or visitors will be allowed to enter the
dewatering staging area.
PREVIOUS RELEVANT BOCC ACTION:
• 11-18-14: Approval to issue an RFP for the removal of organic muck material from Canal #266 and #290.
• 02-18-15: Approval to enter into negotiations with JND Thomas, Inc.
• 04-15-15: Request approval to enter into a contract with JND Thomas Company, Inc. for removing organic
muck material from Canal #266 located between Baileys Lane and Witters Lane in Doctor's Arm Big Pine
Key, and Canal #290 located between Avenues I and Avenue J in Big Pine Key, utilizing vacuum dredging.
DULL Acnons related to other related Canal Items:
1. 03-21-12: Approval and authorization of a Grant from FDEP to fund Phase 1 of the Canal Management
Master Plan and also authorized execution of a task order with AMEC under the on -call professional
engineering services contract to develop Phase 1.
2. 06-20-12: Approval of the grant application submitted to EPA, which requested $100,000 in grant funds and
specified a $10,000 match of in -kind services.
3. 09-19-12: Approval of a $100,000 EPA grant that funded Phase 2 of the Canal Master Plan.
4. 11-20-12: Approval of a Task Order with AMEC Environmental & Infrastructure, Inc. under the on -call
professional engineering services contract to develop Ph. 2 of a county -wide Canal Improvements Master
Plan.
5. 02-20-13: Approval of a FDEP Grant S0640 providing $100,000 of funding of work to perform bathymetric
surveys and also approved a $100,000 Task Order with AMEC to perform the bathymetric work.
Mlo
6. 03-20-13: Approval of $5 million for the canal restoration demonstration projects.
7. 05-15-13: Approval of a $37,725 contract with AMEC to select the demonstration projects, as a result of a
request for quotes.
8. 08-21-13: Provided direction on the selection process for use in selecting the top 15 canal restoration
projects and the final 5 demonstration projects.
9. 09-17-13: Approval of a time extension to the AMEC contract for selection of the demo projects.
10. 10-16-13: Approval of the top 15 canals, selection of 6 canals for the demonstration projects, and a 90 day
limitation on the homeowner approval period.
11. 12-11-13: Approval of the 7`s demonstration canal.
12. 12-11-13: Approval to advertise an RFQ for the design and permitting of the canal demo projects
13. 02-19-14: Approval to negotiate a contract for the design and permitting of the canal demo projects.
14. 05-21-14: Approval of contract with AMEC to design the demonstration Canals.
15. 09-17-14 Approval of Amendment #1 to the AMEC design contract for additional construction support
services for the culvert at Canal #472 on Geiger Key, as funded by DEP.
16. 9-17-14 Approval to advertise a Request for Bids for the construction and installation of a culvert on Canal
#472 on Geiger Key, the P ranked demonstration canal project for culvert installation per the Canal
Management Master Plan.
17. Insert date: approval
l.Vl\ l At1l..I11%%y JV ZiVM1N I UIIA1V(iL+ b: Not applicable
STAFF RECOMMENDATIONS: Approval
TOTAL COST: LOQ INDIRECT COST: _ BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $0 SOURCE OF FUNDS: Not applicable
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
APPROVED BY: County Atty /� OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM No. CAD #
HOLD HARMLESS/MAINTENANCE AGREEMENT AND EASEMENT
BETWEEN INIONROE COUNTY, FLORIDA
AND
JERRY SHEAR IN
REGARDING THE. CANAL #266 ORGANIC REMOVAL PROJECT
I HIS 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 Jerry Shearin (the
"Property 0%%ner" ), whose home address is 3021 Beraswell Mountain Rd.. Vallas, GA 30132,
WttEREAS, the Property Owner owns that certain real property located at Lot 48 on
Witters L?ne. Lie Pinc Key. ('I_. 32043. Parcel Identifi-mtion dumber is 00310490.000000,
which property abuts that gnu, OF ;%atLr conunonlN known Canal 1256 tthe "Canal") more
specifically identified in Eahihit "A" attached hereto and incorporated herein (the "Property").
and
WHEREAS. the County is not under any obligation to dredge, fill. or maintain the
Canal in any way. and
WHEREAS, the Organic Removal Project is a voluntary project, and the Property
Owner has fully agreed to the Organic Removal Project scheduled for the canal which abuts
the Property: and
WHEREAS, the: Property Owner. whose property abuts the Canal, has agreed to assist
the County with this demonstration Organic Remo -,al Project to aid in the improvement of
water quality within the Canal (the "Organic Removal Project"); and
WHEREAS, as part of the Organic Removal Project, the County will utilize the
Property to temporarily store roll -off containers lined with geotextile bags which will provide
for the placement and dewatering of dredge spoil material from Canal #266, or other
containment methods; and will make other modifications as required or allowed by permit, for
a period of up to nine (9) 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; and
WHEREAS, the Count). its consultants, and the Property Owner acknowledge that the
configuration of the Canal and the existing shoreline of the Canal may be such that during the
Organic Removal Project; possible instability of the Canal area may pose a danger to the
property abutting the Canal and structures thereon. including but not limited to damage to
docks, seawalls, trees, banks, and other vegetation. and other collateral damage which may not
be readily apparent or which may not manifest itself until long after the Organic Removal
Project is completed; and
WHEREAS, the Property Owner, whose property abuts the Canal 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 Organic Removal Project is completed; and
W I IFREAS, in spite of the inherent risks the Property Owner has requested the Organic
Removal Project go forward. 'fhe Property Owner, it! exchange; for the County's agreement to
remove organic material from the Canal, agrees to hold the County harmless, now and forever.
from any liability related to the Organic Removal Proicct performed within and about the Canal.
Now, i'iIHREFORE. 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 acknosti ledged, the Parties hereby agreeas follows:
I. Property Owner shall release, indemnift, 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 .organic material from the Canal for water quality
improvement purposes,. including without limitation all claims relating to injury to persons
(including death) or.to property. 'File 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 will to provide improvements to the Canal. This
provision survives the termination of this Agreement.
2. During the. Organic Removal Project, roll -off containers lined with geotextile
bags, or other containment measures, will be temporarily installed on the property using heavy
equipment and dredge spoil will be pumped out of the canal for the purpose of dewatering.
Specifically. vaork 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 temporary placement of dredge material and roll-ol'f
containers lined with geotextile bags. or other containment measures, as referenced above,
hereby grants and conveys to the County, its agents and assigns. a temporary construction
casement and right of entry, attached hereto and made a part hereof as Exhibit I-"' over the
Property to access and construct the organic Removal Project as identified in Exhibit "B." This
easement shall expire upon the completion of the e;onstruction of the Organic Removal Project.
'Ihe Contractor will erect a construction fence for the duration of the Organic
Removal Project. Once the Organic Removal Project is complete, the Contractor will replace
the Property Otaner's original fence, if one was present, and will return the property to its original
or better condition which includes rc-grading and re -sodding of disturbed areas.
4. "1 he Property O«ner. 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 oi'I nary given to
the County and their assigns for a period not to exceed one (1) year from the date the Notice to
Proceed is issued to the contractor.
�. 'l'he County may terminate this Agreement at any time upon written notice to
the Property Owner, notice is to be mailed to Property Owner at 3021 Beraswell Mountain Rd.,
Vallas. GA 3002. 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 Flaag at Murray Nelson Government Center. 10-7050 Overseas
I lighway, Suite 2-246. Key Largo, h'I 33037. Notice is effective upon mailing.
6. 'I'he indemnification, defense, and hold harmless provisions contained herein
shall survive termination and shall remain in full fierce 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 Removal Project.
IN WITNESS WFIF'REOF, the parties have executed this .Agreement on this day of
2014. ---
ATTFS I' -
Clerk of ('guru
WITNESS to
JerryShgon:
r
tVitness
Print WiFnt.- Name
1)3te: 17.._llt
STATE; OF FLORIDA
COUNTY OF MONROE
M(.)NROE COUNTY, FLORIDA
Board of Count Commissioners
By: _ __
mayoll
fay: Jerry Shearin, Property Owl
Date:i 1 t
.AOL
'The foregoing instrument was acknowledged hetbre me this day of by Jerry
Shearin, owner of the property listed above. Who individually is personally known to me or indiN idually
leas produced his v as identification.
'si,,nature of Notary Public
—_ Commission No.
Print Notary Name or Stamp My commission expires:
Exhibit "A"
BK 1 LT 48 DOCfORS ARM SUB P133-141 SIG PINE KEY OR245-273-274 OR799-1637
OR 10 14- 1 y54 Olt 1017-2374 OR 1196- 1247A FF OR2074-208/09
I•rhibit "Q"
Proposed C on%tructivn Activitie%
-- --- -- _.� t _ 1
Exhibit "C"
I f MPOkARY GRANT Oh' EASEMENT AND RIGFIT' OF RNTRY
On this __--day of , I, Jerry Shearin ("Owner'), in consideration of the
benefits accruing to us. Jo hereby give, grant, bargain, and release to MONROE COUNTY
{"County"}; a. political subdivision ol'the State of Florida this Temporary Grant of Easement and
Right of Entry under, over, across and upon the property described as Lot 48, in Block I, of
DOCTORS ARM SUBDIVISION. according to the Plat thereof; as recorded in Plat Book 3,
Page- 141, afthe Public Records of Monroe County Florida.
1. The Owner does hereby state that he, has sufficient authority and tit►e.to grant this
casement and right of entry.
2. The O«ncr agrees that the property may be used during the County's Organic Removal
Project and roll-offcontainers lined with geotextile bags, or other containment measures,
Will he temporarily installed on the property using heavy equipment and dredge spoil will
be pumped into roll off containers out of the canal for the purpose of dewatering.
3. -1he 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 casement 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 is, on the date of execution of this document, vacant land
and contains no obstruction to the Proposed Weak 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. The County will remove and store existing fences on the Property. as necessam. and will
erect a construction fence for the duration of the Organic Removal Project. Once the
Organic Removal Project is complete, the County will replace the Property Owner's
original fence, if present, and return the property to its original or better condition which
includes re -grading and re -sodding of disturbed areas.
8. 'This Temporary Fasement and Right of Entry will expire one year after the signing of this
agreement or upon Termination of the I cold Harmless/Maintenance Agreement or upon
completion of Dredging activities, whichever occurs first.
IN WII'NESS WHEREOF, the parties have executed this Agreement on this day of
A rTrS r:
Clerk of Courts
WITNESS to
Jc She ' �:
, u, �L
Witness
11
Print Wit ess Name
Date:
MONROE COUNTY, FLORIDA
Board of CoqnN Commissioners
Mayor
By: Jerry Shearin, Property Owner
Hy:
Datc:
IZ� 1► 41`l
STA rE OF FLORIDA
COUVl Y OF MONROE
I -he foregoing instrument «as acknoMedged before me this day of by Jerry
Shearin, o%vnerofthe property listed above. Who individually is personally known to me or individually
has produced his as identification.
Signature of Notary Public
Print NotaryName or
Stamp
Commission No.
Lty commission expires:
MONROE COUNTY ATTORNEY
4A"TILEEN-E
ROVED AS TO FO�CASSEL
W.
ASSISTANT COUNTY ATTORNEY
Date-_61- /O-�����_
HOLD HARMLESS/MAINTENANCE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
JERKY SHEAR IN
REGARDING THE CANAL #266 ORGANIC REMOVAL 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 1 100
Simonton Street, The Gato Building. Room 205, Key West, FL 33040 and Jerry Shearin (the
"Property Owner"), whose home address is 3021 Beraswell Mountain Rd., Vallas, GA 30132.
WHEREAS. the Property Owner owns that certain real property located at Lot 48 on
Witters Lane. Big Pine Ke•y, FL. 33043. Parcel Identification Number is 00310490.000000,
which property abuts that bogy of %kater commonly known Canal 9266 (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 dredge, fill, or maintain the
Canal in any way; and
WHEREAS, the Organic Removal Project is a voluntary project, and the Property
Owner has fully agreed to the Organic Removal Project scheduled for the canal which abuts
the Property; and
WHEREAS, the Property Owner, whose property abuts the Canal, has agreed to assist
the County with this demonstration Organic Removal Project to aid in the improvement of
%cater quality within the Canal (the "Organic Removal Project"), and
WHEREAS, as part of the Organic Removal Project, the County will utilize the
Property to temporarily store roll -off containers lined with geotextile bags which will provide
for the placement and dewatering of dredge spoil material from Canal #266, or other
containment methods; and will make other modifications as required or allowed by permit, for
a period of up to nine (9) 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; and
WHEREAS, the County, its consultants, and the Property Owner acknowledge that the
configuration of the Canal and the existing shoreline of the Canal may be such that during the
Organic Removal Project, possible instability of the Canal area may pose a danger to the
property abutting the Canal and structures thereon, including but not limited to damage to
docks, seawalls, trees, banks, and other vegetation, and other collateral damage which may not
be readily apparent or which may not manifest itself until long after the Organic Removal
Project is completed; and
WHEREAS, the Property Owner, whose property abuts the Canal 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 Organic Removal Project is completed; and
WHEREAS, in spite of the inherent risks the Property Owner has requested the Organic
Removal Project go forward. The Property Owner, in exchange for the County's agreement to
remove organic material from the Canal, agrees to hold the County harmless, now and forever,
from any liability related to the Organic Removal 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 organic material from the Canal 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 Organic Removal Project, roll -off containers lined with geotextile
bags, or other containment measures, will be temporarily installed on the property using heavy
equipment and dredge spoil will be pumped out of the canal for the purpose of dewatering.
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 temporary placement of dredge material and roll -off
containers lined with geotextile bags, or other containment measures, 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 Removal Project as identified in Exhibit "B." This
easement shall expire upon the completion of the construction of the Organic Removal Project.
3. The Contractor will erect a construction fence for the duration of the Organic
Removal Project. Once the Organic Removal Project is complete, the Contractor will replace
the Property Owner's original fence, if one was present, and will return the property to its original
or better condition which includes re -grading and 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 and Canal, for the purpose set forth in this Agreement, said Right of Entry given to
the County and their assigns for a period not to exceed one (1) year 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 3021 Beraswell Mountain Rd.,
Vallas, GA 30132. 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 Organic Removal Project.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
, 2014. —
ATTEST:
Clerk of Courts
WITNESS to
Jerry Sh Win:
the s
t •S c �1
Print W' es Name
Date: UL111 IN
STATE OF FLORIDA
COUNTY OF MONROE
MONROE COUNTY, FLORIDA
Board of Counly Commissioners
By: r -k---
Mayo
By: Jerry Shearin, Property
By: .U�.... `i')
Date: I 12 - 4 , l G!
�ILI
The foregoing instrument was acknowledged before me this day of by Jerry
Shearin, owner of the property listed above. Who individually is personally known to me or individually
has produced his as identification.
Signature of Notary Public
Print Notary Name or Stamp
Commission No.
My commission expires:
Exhibit "A"
3
BK 1 LT 48 DOCTORS ARM SUB P63-141 BIG PINE KEY OR245-273-274 OR799-1637
OR l 014-1954 OR 1017-2374 OR 1196-1247AFF OR2074-208/09
Exhibit "B"
Proposed Construction Activities
Exhibit "C"
TEMPORARY GRANT OF EASEMENT AND RIGHT OF ENTRY
On this day of , I, Jerry Shearin ("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 Temporary Grant of Easement and
Right of Entry under, over, across and upon the property described as Lot 48, in Block 1, of
DOCTORS ARM SUBDIVISION, according to the Plat thereof, as recorded in Plat Book 3.
Page 141, of the Public Records of Monroe County Florida.
l . 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 Organic Removal
Project and roll -off containers lined with geotextile bags, or other containment measures,
will be temporarily installed on the property using heavy equipment and dredge spoil will
be pumped into roll off containers out of the canal for the purpose of dewatering.
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 is, on the date of execution of this document, vacant land
and 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. The County will remove and store existing fences on the Property, as necessary, and will
erect a construction fence for the duration of the Organic Removal Project. Once the
Organic Removal Project is complete, the County will replace the Property Owner's
original fence, if present, and return the property to its original or better condition which
includes re -grading and re -sodding of disturbed areas.
8. This Temporary Easement and Right of Entry will expire one year after the signing of this
agreement or upon Termination of the Hold Harm less/Maintenance Agreement or upon
completion of Dredging activities, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
�--
ATTEST:
Clerk of Courts
WITNESS to
Je Sh
Witn ss
MiS L
Print Wifilesl Name
Date: kL !!
MONROE COUNTY, FLORIDA
Board of Co n Commissioners
By: ---------_
Mayor
By: Jerry Shearin, Property Owner
" V, 1_ ,
Date:_! i _ ' i & - t)
IZ� 1► I`I
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of _ by Jerry
Shearin, owner of the property listed above. Who individually is personally known to me or individually
has produced his as identification.
Signature of Notary Public
Print Notary Name or
Stamp
Commission No.
My commission expires:
1�