Canal #266 Organic Removal 04/15/2015AMY H CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: April 24, 2015, 2015
TO: Roman Gastesi
County Administrator
ATTN. Connie Cyr
FROM. • Lindsey Ballard, D. Cx)?�
. At the April 15, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item M5 to enter into an Agreement with Larry W. and Pamela Aravena
LeJeune for a temporary grant of easement and right of entry for use of their property located at 30990
Baileys Lane, Big Pine Key, Parcel Identification number 00310730 - 000000., during construction of the
canal organic removal water quality improvement demonstration project at canal #266, Doctor's Arm
Subdivision, Big Pine Key.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please
feel free to contact my office.
cc: County Attorney (Electronic Copy)
Finance (Electronic Copy)
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
E C3W 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025 4 � 6
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S CAN N Mverseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax. 305 -852 -7146
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HOLD HARMLESS/MAINTENANCE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY, FLORIDA
AND
LARRY W AND PAMELA ARAVENA LEJEUNE
REGARDING THE CANAL #266 DOCTOR'S ARM 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 1100
Simonton Street, The Gato Building, Room 205, Key West, FL 33040 and Larry W and Pamela
Aravena LeJeune (the "Property Owners "), whose address is 10035 Ridgely Road, Baton Rouge,
LA 70809 -2834.
WHEREAS, the Property Owner owns that certain real property located at 30990 Baileys
Lane, Pine Key 33043. Parcel Identification Number is 00310730- 000000, which property abuts
that body of water commonly known 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 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 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 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
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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:
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 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 and Owner agrees to sign the permit for construction fencing. 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 10035 Ridgely Road, Baton Rouge,
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LA 70809 -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 Organic Removal Project.
(Remainder of this page left intentionally blank — signature page to follow)
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IN WITNESS WHEREOF, the parties have executed this HOLD HARMLESS /MAINTENANCE
AGREEMENT AND EASEMENT on this 15 day of epvi 1 , 201 5
MONROE COUNTY, FLORIDA
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ATTEST: AW 1EAV0.1M,
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Date: 612 V! 1 I , 201
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MONROE COUNTY, FLORIDA
Boa of County Commissioners
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Date: 612 V! 1 I , 201
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of Larry W. LeJune and Pamela Aravena LeJeune: z
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By: Larry W LeJeune, Property Owner u
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STATE OF f+:O�
F MONROE C
The foregoing instrument was acknowledged before me . ' day of C . , oUil( by Larry W
LeJeune, the owner of the property listed above. Who iiniiividually is personally known to me or individually
ha&t)roduced his as identification.
WITNESS to
Larry W LeJe
blic
Commission No.
My commission expires: " Commission ed for Life"
Uotary Name or Stamp THIS DOCUMENT NOT
Daluana W. i,Aomre, Notery No. 0868;3 PREPARED BY
THE UNDERSIGNED NOTARY
ATTESTING TO SIGNATURES ONLY
WITNESS to By: Pamela Aravena LeJeun , Property Owner
Pamela Aravena eune:
By: 1, IC rtG�
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Print Witness Name : 0'
Date: 2- 1 `i THIS DOCUMENT NOT
PREPARED BY
STATE OF FLORIDA THE UNDERSIGNED NOTARY
OF n 9E �`�C^• ATTESTING TO SIGNATURES ONLY
The foregoing instrument was acknowledged before me this day of by Pamela
Aravena LeJeune, the owner of the pro rty listed above. Who individually is personally known to me or
individually has produced his as identification.
Si 0 ry is
Print N Name or Stamp
Commission No, for Life"
My commission expire ® mmi
f)ajuana W. Moore, notary Flo. 68583
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Exhibit "A"
BK 2 LT 23 AND SLY 60FT LT 24 DOCTORS ARM SUB P133 -141 BIG PINE KEY OR609 -163 OR1091-
1635 OR1147- 1943/44 OR1176- 700/01 OR2660- 1950/51
161:7
All of Lot 23 and a part of Lot 24 of "DOCTOR'S AREM SUBDIVISION ", as recorded in Plat Book 3, at Page
141 of the Public Records of Monroe County, Florida and being more particularly described by metes and bounds
as follows: COMMENCING at the intersection of the Centerline of Bailey Lane and the West Line of Lot 24,
said intersection to be known as the POINT OF BEGINNING of the tract of land hereinafter described, bear
South for a distance of 10 feet, thence bear West, 10 feet; thence bear South, 100 feet to a canal; thence bear
East along the shoreline of said canal, 117 feet, more or less, to Bogie Channel; thence meander the shoreline of
Bogie Channel in a Northwesterly direction, 115 feet, more or less, to a point that is bearing East from the
POINT OF BEGINNING; thence bear West, 85 feet, more or less, back to the POINT OF BEGINNING.
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Exhibit "B"
Proposed Construction Activities
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EXISTING. vrLED
BARRIER 1
PROPOSED DEWATERIKO STAGING AREA
UTILIZING EMPTY .LOT PARCEL ID g 310730.
THE STAGING AREA IVILL CONSIST OF ROLL.
OTF CT LINED WITH GLOTEXTL_
ittDRAUUC VACUUM DREMNG I
SYSTEM BARGE 4V,TH
HM,S OR HERStEO AREA '111111 CEOTEATII r
BAGS AND APPRWMD FOEP POLYUER SYSTEM,
PUMP T0. RE-JOVE APPROXIMATELY - -'
- 8,300 r,Y OF - MATERIAL TO THE
BAI_EYS�L'.NE
STAGING AREA. AFTER OREDGIYG CONTR(wTOR
W \LL PLACE A L2AYFR D= SAIiQ
CANAL X266
APP:OXIt.Y CY E`!EP`LY
ATEL Y 830
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ALONG EXISTING HARD BOTTOM OP CANAL
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IYITTERS LANE
61 Page
Exhibit "C"
TEMPORARY GRANT OF EASEMENT AND RIGHT OF ENTRY
On this l g f day of , P , Larry W LeJeune ( " Owner "), in consideration of the
benefits accruing to us, do hereby giv6, grant, bargain, nand 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 30990 Baileys.Lane, Pine
Key 33043, in Block 2, .as recorded in Plat Book 2660, Page 1950, 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 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 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.
71 Page
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 this Temporary Easement and Right of Entry.
9. This Temporary Easement and Right of Entry will expire one year after the signing of this
agreement or upon Termination of the Hold Harmless/Maintenance Agreement or upon
completion of Organic Removal activities, whichever occurs first.
{Remainder of this page left intentionally blank — signature page to follow}
81 Page
IN WITNESS WHEREOF, the parties have executed this Temporary Easement and Right
of Entry on this day of 15t h v i 1, ?v is
MONROE COUNTY, FLORIDA
Boar f CO,
By:
Commissioners
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Signatures of Larry W. LeJune and Pamela Aravena LeJeune:
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WITNESS to By: Larry W LeJeune, Property Owner
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Date:
STATE OFA
The oregom instrument was acknowledged b ore me this day of oA by
Larry W
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LeJeune, the owner of the property I;steikabove. Who individually is personally known to me or
individually has produced his L 4 as identification.
Si N ublic
Commission No.
My commission expo r:
Print otary Name or St �"
Stamp PREPAR80 BY
Ddjuana W l Awre, Nata fV MI6: 88U8� THE UNDERSIGNED NOTARY
ATTESTING TO SIGNATURES ONLY
WITNESS to By: Pamela Aravena, LeJeune, Property Owner
Pamela Aravena Le une: sus 'dt�00 °
itnes ��� i� %ate: 2
Print Witness Nam
Date: THIS DOCUMENT NOT
PREPARED BY
NOTARY
STATE OF FAA S
L °•.���SO�? • THE UNDERSIGNED
Y OF 1bg6�6E E. � W ° ' ' ' ATTESTING TO SIGNATURES ONLY
The foregoing instrument was acknowledged before me this ��//�+� da of - �/ b Pamela
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Aravena LeJeune, the owner of the property listed above. Who individually is personally known to me or
individually has produced his 1L. L4 as identification.
Si re t� c
Commission No. "Commissioned for Life"
My commission expires:
Print Notary Name or Stamp Dajuana W. moore., Notary fro. 66563
91 Page