Item K2III a % I I I
161,910 10 F4,13
Meeting Date: JpUM 2 1-2015 Division. County Administrator
Bulk Item: X No Department: Sustainabilitv
Staff Contact /Phone #: Rhonda Haag, 453-8774
AGENDA ITEM WORDING: Approval to enter into a revised Agreement with Alejandro and Betsy
Fernandez for use of their property located at 11 Pigeon Drive in Key Largo, during construction of the
canal backfilling demonstration project at Canal #29, Sexton Cove, Key Largo. It allows a payment of
$10,000 for a temporary grant of easement and right of entry for use of their property and allows the
County to terminate the agreement without payment if the County decides to use another property.
ITEM BACKGROUND: The Fernandez lot is the sole vacant lot on Canal #29, and is needed for a
construction staging area and associated work for the canal backfilling project. The value of the
property use for this temporary grant of easement and right of entry to the County is $2,500/month
over a 4 month period. Other potential staging areas on the canal are smaller (i.e. driveways) and have
more problematic access. Any alternative to the use of this lot is not a cost effective option, as the fill
material would then need to be barged to the canal from an offsite location. The expense of barging it
to the site would greatly exceed the $10,000 homeowner property use fee. FKNMS regulatory staff had
also requested an alternate means be used to avoid disruption of marine life in Sanctuary waters, and
the current FKNMS permit does not allow barging of the material across the FKNMS.
The lot will be used to temporarily place fill material on from approximately 20 trucks per day for a
period of 90 calendar days. A conveyor will also be placed on the property to transport the fill material
from the lot to a barge located in the canal. The fill material will be transported to the barge to avoid
storage of material on the lot. The County's contractor to be hired will remove the homeowner's fence
during the construction period, install a temporary construction fence for safety, and replace the
homeowner's fence after completion of the project.
PREVIOUS RELEVANT BOCC ACTION:
11-18-14: The BOCC considered an initial access agreement with Mr. and Mrs. Fernandez and
directed staff to insert a requirement that states clearly that the County does not have to pay for the use
of the lot in the event that the County does not use the Fernandez property.
BOCC Actions related to other related Canal Items:
1. 03-21-12: Approval and authorization of a Grant from FDEP to fund Phase I 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.
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'h 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. 09-1 7-14 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 DER
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 3d ranked demonstration canal project for culvert installation per the Canal
Management Master Plan,
CONTRACUAGREEMENT CHANGES: Not applicable
STAFF RECOMNENDATIONS: Approval
TOTAL COST: $10,000 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: $10,000 SOURCE OF FUNDS- Canal Funds
REVENUE, PRODUCING: Yes — No X AMOUNT PER MONTH Year
APPROVED is County AttyOMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM No. —CAD #
Contract with: Alex & Betsy Fernandez Contract #
Effective Date:
Expiration Date:
January 21, 2015
Contract Purpose/Description:
This Agreement authorizes the use of property located at 11 Eigeon. Drive in
associated work during the backfilling of Canal #29 in Sexton Cove, which is a part of the
County's canal demonstration pp ffam.
Contract Manager: Rhonda Haag8774 CAD M.S. #26
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 01-21-15 Agenda Deadline: 0 1 - 16-15
Total Dollar Value of Contract: $ 10,000 Current Year Portion: $ 10,000
Budgeted? Yes M No EK Account Codes:-304-23000-560630-PE1302-530340
Grant: $ $
County Match: $ $0.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, 'torial, salaries, etc.)
Date In Needed Reviewer
Division Director Yes® NoF]
Risk Management YesEj NoF]
O.M.B./Purchasing YesEj NoEl 14
County Attorney 1-i-AI&I Yes[:] No[2-;'�Lz'
IComments:
L�
MM Form Revised ?127101 MrP 97
Date Out
- 7 A/
Hold Harmless/Maintenance Agreement between
Monroe County, Florida
And
Alejandro and Betsy Fernandez
Regarding The
Canal #29 Backfilling Project
THIS AGREEMENT (the "Agreement") is made and entered into by Monroe County,
Florida, a political subdivision of the State of Florida (the "County") whose address is 1100
Simonton Street, The Gato Building, Room 205, Ivey Nest, FL 33040 and AleJandro and
Betsy Fernandez (the "Property Owner"), whose home address is 8830 NW 176 Lane, Miami
FL 33018.
WHEREAS, the Property Owner owns that certain real property located at 11 Pigeon
Drive, Key Largo, FL 33037, whose Parcel Identification Number is 532701.0328, which
property abuts that body of water commonly known Canal #29 (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, fall, or maintain the
Canal in any way, and
WHEREAS, the Property Owners, whose property abuts the Canal, have agreed to
assist the County with this demonstration backfilling project to aid in the improvement of
water quality within the Canal (the "Backfilling Project"); and
WHEREAS, as part of the Backfilling Project, the County will utilize the Property to
store backfill material and equipment, and will snake other modifications as required or
allowed by permit, for a period of up to 120 days or until the project is completed following
placement of initial backfill material, more specifically identified on Exhibit "B" attached
hereto and incorporated herein; and
WHEREAS, All work on the Property shall be accomplished under permits acquired
by the COUNT'" or its agents, the State or other regulating agencies. From time to time the
Property Owner may be required to sign applications or other documents so that appropriate
permits, or approvals may be obtained. The Property Owner agrees to sign such documents;
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 Backfilling Project is completed-, and
WHEREAS, in spite of the inherent risks the Property Owner has requested the
Backfilling Project go forward, the Property Owner, in exchange for the County's agreement to
compensate the Property Owner, agrees to hold the County harmless, now and forever, from
any liability related to the Backfilling Project performed within and about the Canal.
NOW, THEREFORE, for and in consideration as set out below and other mutual
covenants herein provided and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
I. Consideration for this Agreement shall be a sum not to exceed Ten Thousand
Dollars ($10,000.00), which shall be paid in the amount of Two Thousand Five Hundred
Dollars ($2,500.00) per month for four months. If the project is completed in less than four
months the final payment shall be the remainder of the Ten Thousand Dollars remaining
unpaid. If the project extends past the four months there will be no additional payments in
excess of Ten Thousand Dollars. The first payment shall be paid to the Property Owner in the
first month after the Notice to proceed is issued by the County.
2. 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 casts 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 backfilling of 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 their willingness to provide the above
indemnities was a specifically bargained for provision of this Agreement and that specific
consideration was provided for their respective above indemnities and the County
acknowledges that the willingness of the Property Owner, respectively, 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.
During the Backfilling Project, fill material will be placed on the subject
property using heavy equipment and will be transported from the property by a conveyor
system to the canal. Specifically, work to be performed on the property is identified on Exhibit
"B". The Property Owner, for and in consideration of the mutual covenants previously
acknowledged, and of the benefits accruing to Property Owner by the placement of fill material
and equipment as referenced above, hereby grants and conveys to the County, its agents and
assigns, a temporary construction easement and right of entry, attached hereto and made a part
hereof as Exhibit "C" over the Property to access and construct the Backfilling Project as
identified in Exhibit "B." This easement shall expire upon the completion of the construction
of the Backfilling Project.
4. The County will remove and store the existing fence on the Property, as
necessary, and will erect a construction fence for the duration of the Backfilling Project. Once
the Backfilling Project is complete, the County will replace the Property Owner's original
fence and property to its original or better condition which includes re -grading and re -sodding
of disturbed areas
21P"i
5. 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 of accessing the Canal, said Right of Entry given to the
County and their assigns for a period not to exceed six (6) months from the date of the Notice
to Proceed is issued to the Contractor,
6. The County may terminate this Agreement and Easement at any tine prior to
the beginning of storage on the property or installation of the construction fence upon written
notice to the Property Owner. If the County terminates the Agreement the Property owner will
not receive monetary consideration under the Agreement; however if the property has been
disturbed by the County the property will be replaced to its condition before the County made
use of the property. Accordingly, based upon the mutual covenants contained herein, Property
Owner may not terminate this Agreement. The indemnification, defense, and hold harrnless
provisions contained herein shall survive termination and shall remain in full force and effect
with regard to any and all claims, suits, judgments, demands, liabilities, damages, cost and
expenses which may arise now or in the future that are determined to be a result of the
Backfilling Project.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
ATTEST:
Clerk of Courts
WITNESS to
Alejandro and Betsy Fernandez:
Witness
Print Witness Name
Date:
MONROE COUNTY, FLORIDA
Board of County Commissioners
By::
Mayor
By: Betsy Fernandez, Property Owner
By: _
Date:
By:
Alejandro Fernandez, Property Owner
Date:
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of by Betsy
Fernandez and Alejandro Fernandez, owners of the property listed above. Who individually are
personally known to me or individually have produced their . as identification.
Signature of Notary Public
Commission No.
My commission expires-
Print Notary Name or Stamp
3
Exhibit "A"
BK 11 LT 43 SEXTON COVE ESTATES KEY LARGO PB6-30 OR714-390 OR714-391
OR1208-268/69 OR1220-12/13 OR1569-2306/08TR/D OR1948-1037/38Q/C OR1953-
2317/18Q/C OR1980-59/60C-Q/C OR2075-139
OR
Lot 43, in Black 11, of SE:? fON COVE ESTATE, according to the Plat thereof as recorded in
Plat Book 6, Page 30, of'the Public Records ofMonroe County Florida
Exhibit "B"
Proposed Construction Activities
Exhibit =`C"
TEMPORARY GRANT OF EASEMENT AND RIGHT OF ENTRY
On this day of , we, Alejandro and Betsy Fernandez ("Owners") 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 43, Block 11, of SEXTON COVE ESTATE, according to the Plat thereof,
as recorded in Plat Book 6 Page 30, of the Public Records of Monroe County Florida.
1. The Owners do hereby state that they have sufficient authority and title to grant this
easement and right of entry.
2. Owners agree that the property may be used during the County's Backfilling Project, fill
material will be placed on the subject property using heavy equipment and will be
transported from the property by a conveyor system to the canal. The Proposed Work to
be performed on the property is generally identified on Exhibit "B" as Proposed
Construction Activities; however Owner agrees that this is not a complete list of
equipment that may be required to accomplish the work and agrees that the amount and
type of equipment is to be determined by County in its sole discretion.
3. All work on the Property shall be accomplished under permits acquired by the COUNTY
or its agents, the State or other regulating agencies. From time to time the Property Owner
may be required to sign applications or other documents so that appropriate permits, or
approvals may be obtained. The Property Owner agrees to sign such documents..
4. Owners shall furnish and maintain the easement area free of any obstruction and shall
not construct, place, or allow the placing or construction of any obstruction which would
interfere with County's safe or proper installation, operation, maintenance, inspection, or
staging and use of equipment located in the easement area.
5. Owners affirm that the Property is, on the date of execution of this document, vacant land
and contains no obstruction to the Proposed Work, other than those listed in paragraph 6
below, contemplated in this Easement. Any obstruction to the safe or proper operation,
maintenance, or staging of equipment located on the land at the beginning of the
Project or during the Project not placed on the land by the County or its
agents, may be removed by the County at Owner's expense. The Authority shall notify
Owner of any such obstruction prior to any action in this regard and allow Owner
time to remove obstruction, except for emergency conditions during which the County
may require immediate, unobstructed access to the Facilities.
6. The County will remove and store the existing fence on the Property, as necessary, and
will erect a construction fence for the duration of the Backfilling Project. Once the
Backfilling Project is complete, the County will replace the Property Owner's original
fence and property to its original or better condition which includes re -grading and re-
sodding of disturbed areas.
T This Temporary Easement and Right of Entry will expire one year after the signing of
this agreement or upon Tennination of the Hold Harmless/Maintenance Agreement or
upon completion of backfilling activities, whichever occurs first.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of
ATTEST:
Clerk of Courts
WITNESS to
Alejandro and Betsy Fernandez:
Witness
Print Witness Name
Date:
MONROE COUNTY, FLORIDA
Board of County Commissioners
By:
Mayor
By: Betsy Fernandez, Property Owner
By:
Date:
By:
Alejandro Fernandez., Property Owner
Date;
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of by Betsy
Fernandez and Alejandro Fernandez, owners of the property listed above. Who individually are
personally known to me or individually have produced their as identification.
Signature of Notary Public
Commission No.
My commission expires:
Print Notary Name or
Stamp