Canal #266 Weed Barrier Restoration 07/15/2015 AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY,FLORIDA
t- CIA
DATE: August 18, 2015
TO: Roman Gastesi
County Administrator
ATTN: Rhonda Haag
Sustainability Program Manager
FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller ChM Mo je $2T7l
At the July 15, 2015, Board of County Commissioner's meeting the Board granted approval and
exeentiou of the following Item RIO 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 perpetuity.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any
questions,please feel free to contact our office.
cc: County Attorney
Finance
File ✓
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
HOLD HARMLESS/MAINTENANCE 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 Bather Restoration Project to aid in the improvement of
water quality within the Canal(the "Weed Bather Restoration Project"); and
WHEREAS, as part of the Weed Bather 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 Bather Restoration Project is completed; and
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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:
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, 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 '
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.
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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)
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IN WITNESS WHEREOF,the parties have executed this HOLD HARMLESS/MAINTENANCE
i•ad• AND EASEMENT on this /5 day of ?L , 2015. .
7 r l.. MONROE COUNTY,FLORIDA
A ` Boar • County Commissionersmm
By: T. '
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i��� anal$fin Date: •
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Signatures of Larry and Pamela Aravena Lejeune: ❑�\w
WITNESS to By: Larry Lejeune, Property Owner OS w o r
L Lejeune: �—�0 -� ""-�-� ,�,, :¢ ww
Date: lelB�[5 0 �. d
O ce r• flRAVMMA < o
Print Wine s Name _
DateOd/Ii/ 9lS THIS DOCUMENT NOT
7 PREPARED BY
STATE OF yyn��� �� ��'` THE UNDERSIGNED NOTARY
CYF `TrijLAlca�O'ri L.tSL ATTESTING TO SIGNATURES ONLY
The foregoing instrument was acknowledged before me this I I day o , dkv'by Larry
Lejeune,the owner of theFroperty listed above. Who individually is persona ly known to me or individually
has produced his L}1 • as identification. _.
S� j ii I LK'i-..yam Commission No. �„m�ssjO000 ti
IlIlMy commission expit s:
rent Notary Name or Stamp
tJa(uana W. Moore, Notary No. 68583
WITNESS torte By: Pamela Aravena Lejeune,f1 Property Owner
/ LOeIjL'.CvC .L� Bclii..V 'bane. 6_,24 .
nness n z v Date: bill/ Ij '``'
Tern c. r E w fl
Pn Cq i�ness Name THIS DOCUMENT NOT
Date cj, II�JJ PREPARED BY
• THE UNDERSIGNED NOTARY
S t ATE O L o`---�-- ATTESTING TO SIGNATURES ONLY n
_The foregoing instrument was acknowledged before me this Ii day Cjrby Pamela
Aravena Lejeune,the owner of the property listed above. Who individually personally known to me or
individually has produced his L 4 ll Z as identification.
I-•-.
Ciiire I Commiss:onea for Life"
1 Commission No.
My commission expires:
Print Notary Name or Stamp
Dajuana W. Moore. Notary No. 68583
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Exhibit "A"
BK 2 LT 23 AND SLY 60FT LT 24 DOCTORS ARM SUB PB3-141 BIG PINE KEY 0R609-163 OR1091-1635 OR1147-
1943/44 0R1176-700/01 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 141, of the Public Records of Monroe County,Florida.
SI Page
Exhibit "B"
Proposed Construction Activities
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Exhibit"C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this 0day of ,? IC, I, 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.
I. 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 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.
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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}
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IN WI a ESS WHEREOF, the parties have executed this Easement and Right of En i on
thisd. eg)v: . it . . �0/c_-
t"
•1/4ci„l,s ' I MONROE COUNTY,FLORIDA ;e
rj, Boa ounty Commission
I► jOr ey; ``. !'_ram ' ¢ , a .;10
Date: /Fj% r
Signatures of Larry and Pamela Aravena Lejeune: ow oo�
wo z
WITNESS to By: Larry Lejeune,Property Owner aw
/17:7y:eje near to _� /� zf/ 6 c a,
' /� By:e�J' a 0 mess Dat . G/n/15
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Print Witness Name THIS DOCUMENT NOT
Date:Oa/V/20k PREPARED BY
THE UNDERSIGNED NOTARY
STATE OF --'---- ATTESTING TO SIGNATURES ONLY
The regmngg instrument was acknowledged before me this ( I day ,20 I by LarryLejeune,the owner of the property listed above. Who individually is person y known to me or
individually has produced his L P .b L-- as identification.
Signs tary Pub is
O Commission No. Commissioned for!_i+r:'
My commission expires:
Print Notary Name or Stamp
Da/liana W Moore, Notary No. 68583
WITNESS to By: Pamela Aravena Lejeune, Property Owner
t Aravena Le'eun� e:
(�fJ (iQc2reHa B ' a
t ess Date: Mili)
,To/ce r. ale/}VFNA
Print Witness Name
Dater///A2(//J—
THIS DOCUMENT NOT
STATE OF PREPARED BY
rti.Q,OF h THE UNDERSIGNED NOTARY
ESTING TO SIGNATURES ONLY .
The foregoing instrument was acknowledged before me this i ) day of .,,A/C by Pamela
Aravena Lejeune,the owner of the property listed above. Who individually is rsonally known to me or
individually has produced'tris. L—IA ill L as identification.
gitio � � 1 9� Commission No. `Commissioner,,,
My commission expires:
Print Notary Name or Stamp
Valuana W. Moore. Notary No. 6858..
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