Canal #287 Weed Barrier Restoration 07/15/2015 i
AMY HEAVILIN , CPA
K4 ,,
CLEOERKCOU OFNTY,CIFLORIDARCUIT COURT & COMPTROLLER
=- NIDNR
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 till O MoL, etD7t
At the July 15, 2015, Board of County Commissioner's meeting the Board granted approval and
execution 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 V
500 Whitehead Street Suite 101,PO Box 1980,Key West,Ft 33040 Phone:305-295-3130 Fax: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
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 Hollerith Dr., Big Pine Key,FL 33043-4602.
WHEREAS, the Property Owner owns that certain real property located at 31221
Hollerith 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 liart'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
Wage
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. Fqrh 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
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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 33043-4602. 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}
Wage
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IN WITNESS WHEREOF,the parties have executed this HOLD HARMLESS/MAINTENAiE rc
AGREE I NT AND EASEMENT on this I.
�,5dayof 2015. <. i
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t �' I MONROE COUNTY, FLORIDA z
"�tiff W�> Boar aunty Commissioners '
�( HCAVI ,CLERK By: o j�!+�
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Signa 1c ''�' TI arks Chappell: o
WITNESS to By: Ch I Chappell,Prope O er
Charle�¢¢,,C,happell: A.
gill/4w wed By:
Witness Date:
4kJdnt T/Y/ro
Print Witness Name
Date: to'2)"15
STATE OF FLORIDA
COUNTY OF MONROE The foregoing instrument was acknowledged before me this j-93 day of tcl.-t, aots by Charles
Chappell,the owner of the property listed above. Who individually is personally known to me or individually
has produced his Fi,/7(l as identification.
Sign Notary Public FFKlv773
Commission No. I .J
My commission expires: (�Ur1 ir11 t7
mt tenary Name or Stamp
L I C(r �` i di _ aE6ECCA t LACEV
I. Nolary Public State of Florida
n.- My Comm.Expires Aug19.2017
1 ,,,fl`F`d. Commission M FF 46773
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Exhibit"A"
LT 25 ATLANTIS ESTATES PB6-50 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.
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Exhibit"B"
Proposed Construction Activities
'+- ," PARCEL ID#265491.0001
, ."°' EMPTY LOT WITH
v MANGROVE AND ROCK
RIPRAP FRINGE.
*A.
*'h GULF OF
MEXICO
•
2-130 LF SEGMENTS '` ATTACH DISTRIBUTION MANIFOLD ti
OF 1-1/4- DIAMETER PVC PIPE. WITH NEEDLE VALVES TO THE CONCRETE —4.0'
PARCEL ID 285491.0025 SEAWALL WITH 4- LONG X 3/8" TAPCONS fin
RESIDENTIAL IMPROVED AND 1/2- STAINLESS STEEL STRAPS.
LOT WITH HOUSE AND 1.
CONCRETE SEAWALL - .
t • —4.0'
L
INSTALL 220 VOLT, ',,0''' x a,:Y
SINGLE PHASE, y r
5' SIDE YARD SETBACK a ' ,
40 AMP SERVICE & P APPROXIMATELY 2-50 LF OF ' Uy
BREAKER PANEL WITH 2-20 -i SERVICE LINE PLACED IN
AMP BREAKERS WITH SUB—GRADE CONDUIT
GFCI'S NEXT TO EXISTING
PANEL ON HOUSE. 1' A
.09O DIGITAL WEATHER MONITOR g PARCEL ID#285491.0026
REMOVE AND INSTALL i` �^"`MOUNTED ON 10' MAST , N EMPTY LOT WITH
A NEW 2- GALVANIZED ` MANGROVE AND ROCK
RIDGED RISER. NEMA 4 ENCLOSURE WITH
sa r WIND DIRECTION CONTROL S' A RIPRAP FRINGE.
APPROXIMATELY 60 LF SWITCH WITH ELECTRONIC
/ 4F
OF ELECTRIC SERVICE ! RELAY FOR MOTOR CONTROL
IN THE SAME LOCATION 1 x
AS THE EXISTING .4 ii ABOVE GRADE CONDUIT ,q;
SERVICE. . . I l u
• �A: 4, BLOWER ENCLOSURE I _' ' :`
WITH 4-3/4 HP AIR
HOLLERICH DRIVE BLOWERS & 2-40W . - , — - .., b•• —
-�- 04
I COOLING FANS(TYP.) �,.
Wage
Exhibit "C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this 22"d 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 % 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)
8 Pagc
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IN WITNESS WHEREOF, the parties have executed this Easement and Right o'-. +s o
thsdayof I+ . / , a0/S . o. ° •
•�' MONROE COUNTY, FLORIDA r, t _
e
Bo County Commissi =¢p --)u
By: U/IJ� Date: //fi /5 ¢• nNto
_ , Chappell: a o"
WITNESS to By: Ch les Chappell, Properly caner
Charles Chappell: I�1
By:
Witness Date:
Ma 7Z sp
Print Wi ess
Date: �I,g��
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this a) day of 11 p„ cao'S by Charles
Chappell,the owner of the property listed above. Who individually is personally known to me or/ [
individually has produced his YV Dfr as identification.
Signet Notary ublic r141. 773
Commission No. ��
My commission expires: fro i l I C1) 300
Print otary N e or Stamp J
s^" ° "'• REBECCA L LACEY
.,r:
Notary BLIIC- Slate of Florida
i°�a:' My Comm.Expires Aug 19.2017
o.�t,: Commission x FF 46773
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