Canal #472 & #470 Culvert Installation 07/15/2015 AMY HEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
;:10_ i NIONROE COUNTY,FLORIDA
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 Cii? �hee(sE 'l
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 ✓
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 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 Fox:305-852-7146
HOLD HARMLESS/MAINTENANCE AGREEMENT AND EASEMENT
BETWEEN MONROE COUNTY,FLORIDA
AND
JAMES HADDAD TRUSTEE
REGARDING THE CANAL#472 and#470
CULVERT INSTALLATION GEIGER 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 James Haddad Trustee
(the "Property Owners"), whose address is PO Box 248, Green Harbor, MA 02041.
WHEREAS,the Property Owner owns that certain real property located at 207 Venus Lane
Geiger Key. Parcel Identification Number is 00145710-000000, which property abuts that body of
water commonly known Canal #470 (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 culvert
connecting the canals in any way; and
WHEREAS,the Culvert Installation Project is a voluntary project,and the Property Owner
has fully agreed to the Culvert Installation Project scheduled for the canal which crosses a section
of their Property; and
WHEREAS, the Property Owner, whose property abuts the canal, has agreed to assist the
County with this demonstration Culvert Installation Project to aid in the improvement of water
quality within the Canal (the "Culvert Installation Project"); and
WHEREAS, as part of the Culvert Installation Project,the County will utilize the Property
to install a concrete reinforced elliptical culvert and will make other modifications as required or
allowed by permit,for a period of up to six(6)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 the culvert crosses 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 Culvert
Installation Project is completed; and
WHEREAS, in spite of the inherent risks the Property Owner has requested the Culvert
Installation Project go forward. The Property Owner, in exchange for the County's agreement to
install a culvert, agrees to hold the County harmless, now and forever, from any liability related to
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the Culvert Installation 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 installation of a culvert 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 Culvert Installation Project, a 10 foot wide trench will be excavated to place
a 24 inch by 38 inch reinforced concrete elliptical culvert in the trench. Approximately 27 linear feet
of the culvert is located on the subject property. During the installation of the culvert a 10 foot wide
section of concrete seawall located along the canal will be removed and replaced. The Property Owner
acknowledges that these dimensions may not be exact but are believed to be close to what will be
installed. 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 culvert 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 Culvert 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 a culvert on the
property.
3. Once the Culvert Installation 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 and replacement of the concrete seawall.
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
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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 PO Box 248, Green Harbor, MA
02041. 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 fill 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 Culvert Installation Project.
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IN WITNESS WHEREOF,the parties have executed this HOLD HARMLESS/MAINTENAtICE `r'
AGREEM .1. AND EASEMENT on this day of Tq,.urirny ,2015. ¢¢ •0 v
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A Lr • , as u 1 MONROE COUNTY, FLORIDA r ?`9
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Signatu "'". es Haddad Trustee: 2 a g
WITNESS to By: James Haddad Trustee, Property Owner
Jam Haddad r,us�Ie1e: � 11 „ (�
VWI OOAI",�/J By: l9 c�tl �Lg@
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Print Witness) Name/ l
Date:_____
ST-A+E-er—FLORIDA a4.6 u v1WOtt rho-criA1 'S
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COUNTY OF MONROe -PLY Ko,J rtt --
The foregoing instrument was acknowledged before me this At 6 day of .-verg rce aoiCby James
Haddad Trustee,the owner of the property listed above. Who individually persona y own to m�r
individually has produced his as identification.
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Exhibit"A"
BK 4 LT 38 GEIGER MOBILE HOMES GEIGER KEY PB-5-77 OR428-570-571 OR694-10
0R877-1756D/C OR 914-2379 0R939-2034 0R1644-447 0R1644-448/49AFF
OR
Lot 38, Block 4,GEIGER MOBIL HOMES, a subdivision according to the Plat thereof, recorded in Plat Book
5,Page 77 of the Public Records of Monroe County,Florida. Together with*****Mobile Home,ID#45541927
and ID#45532137
Subject to covenants, restrictions, easements of record and taxes for 2000. Together with 1980 doublewide
BROO Mobile Home, ID#FLFL2BA25322448&FLFL2AA25322448,as part of real property thereof.
Parcel Identification Number: 00145710-000000,AK 1187062
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Exhibit "B"
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) Proposed Construction Activities
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Exhibit"C"
GRANT OF EASEMENT AND RIGHT OF ENTRY
On this .2644' day of)".,��.ry -Ao I S , I, James Haddad ("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 207 Venus Lane Geiger Key,
Geiger Mobile Homes Subdivision, in Block 4, Lot 38 as recorded in Plat Book 5, Page 77,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 Culvert Installation
Project. During the Culvert Installation Project, a 10 foot wide trench will be excavated to
place a 24 inch by 38 inch reinforced concrete elliptical culvert in the trench. Approximately
27 linear feet of the culvert is located on the subject property. During the installation of the
culvert a 10 foot wide section of concrete seawall located along the canal will be removed
and replaced. The contractor will be responsible for replacing in-kind any damage to private
property. Property Owner acknowledges that these dimensions may not be exact but are
believed to be close to what will be installed.
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 culvert 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, 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.
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IN WITjJESS WHEREOF, the parties have executed this Easement and Right of Ent ,o
this day of t, /Gay15 ,r>7o/S . � • t^
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MONROE COUNTY, FLORIDA • ',
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WITNESS to By: James Haddad Trustee,Property Owner cb
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Date: 1-2.la-t by CoMA[•N W f//'GrH to
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COUNTY OF-MONROE B.rivavrM �,(
The foregoing instrument was acknowledged before me this o26i day of s M4.4HQ..70 S by James
Haddad Trustee,the owner of the property listed above. Who individually is persoaafl known Q e or
individually has produced his as identification.
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