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Home My WebLink About2024-219This instrument prepared under the direction of: County Attorney's Office Indian River County 180127 t h Street (Building A) Vero Beach, Florida 32960-3388 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary C nstruction Easement Agreement ("Agreement") is made and entered into this `Zn day of 2024, by and between GRAND HARBOR NORTH LAND LLC, a Delaware limited liability company, whose principal place of business is 16690 Collins Ave, PH, Sunny isles Beach, FL 33161 (hereinafter "OWNER"), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "County"). OWNER and County shall collectively be referred to as the "Parties" and each, individually, as a "Party." In consideration of the benefits accruing unto the County, the Parties agree as follows: OWNER is the owner of the property situated in Indian River County and depicted in Exhibit A and more specifically described in Exhibit B attached to and by this reference incorporated in this Agreement. OWNER hereby grants to County a non-exclusive temporary construction easement to occupy and use, subject to all of the terms and conditions hereof, a portion of the following described premises, particular to the area shown/outlined in the attached Exhibit A and B (hereinafter the "Easement Property"): Parcel No: 32391400000100000001.0 61ST ST VERO BEACH, FL 32967 That OWNER, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the County and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby convey and grant to County a non-exclusive temporary construction easement subject to the terms of this Agreement and authorize the County and its employee(s), contractors, subcontractors, and agent(s) to enter upon the property identified above for the purpose of accessing Spoonbill Marsh, located at 61ST ST, VERO BEACH, FL 32967 (Parcel No: 32391400000100000001.0) to install a permanent electric line (the "Project"). The exercise of any of the privileges granted is subject to and constitutes acceptance of all the conditions of this Agreement. This Agreement does not convey any other right, title, or interest in the Easement Property. The County shall have the right and privilege to utilize the Easement Property for ingress and egress of construction equipment, materials, and personnel of County, its contractors, and agents for the purpose of exercising and enjoying the rights granted by this Agreement, and with all rights and privileges reasonably necessary for the use thereof for the herein -described purposes, including, but not limited to the right to fortify the Easement Property with temporary roadmaking materials, cut and keep clear all trees, undergrowth and other obstructions within said area that may interfere with the proper use of the Easement Property, and store heavy equipment in staging area. The OWNER shall permit County authority to enter upon the Easement Property of the OWNER at any time for ingress and egress to install, operate, maintain, service, construct, reconstruct, remove, relocate, repair, replace, improve, and inspect the County's electric line that is located in, on, over, under, and across the Easement Property. Page 1 of 4 County agrees that the Easement Property may only be used for the ingress, egress, and staging for the installation of a permanent electric line and no other purpose. This Agreement is not assignable to any other party. County's use of the Easement Property shall be conducted in accordance with all applicable laws, rules, codes and regulations, and in a manner so as not to impose or incur any lien or penalty for nonpayment upon the Easement Property. Any such liens or penalties shall be discharged within fifteen (15) days after receipt of notice of such matters from Owner. County will properly flag all section corners, quarter corners, and other survey monuments lying within the Easement Property. County shall bear any survey costs for resetting these monuments if they are disturbed by County in any way. Upon completion of the installation, the County and/or its subcontractor(s) shall promptly restore any portion of the Easement Property and any other property owned by Owner disturbed by the ingress, egress, staging, fortification, and execution of any works, including but not limited to trenching, dewatering and any other methods employed by County or its contractors, to substantially the same condition as existed prior to County's use of the Easement Property, which includes removing the temporary construction facilities, debris, and roadmaking material, leveling off the area, restoring any surface area disturbed in the exercise of the easement rights created hereunder, and restoration of sod and other vegetation with fill soil and native grass. To the extent allowed by law, County shall indemnify and hold harmless the OWNER from and against any and all claims, liabilities, losses, damage, or causes of action to both persons and property, which may arise from or be attributable to use by County or any of its respective agents, officers, or employees of the Easement Property or exercise of rights under this Agreement, except to the extent caused solely by OWNER's negligence or willful misconduct. County shall maintain premises liability insurance coverage through the term of this Agreement and provide proof of such instance to OWNER for the duration of the term of this agreement. The policy must provide minimum limits for bodily injury and property darnage as required by Florida law and include the OWNER as an additional named insured. Prior to placing any equipment, materials, or personnel on the Easement Property, County shall provide OWNER with a certificate of insurance evidencing such insurance required hereunder. County shall advise the OWNER in writing in advance of commencement, and upon completion, of construction within the Easement Property. This Agreement shall expire upon the earlier of (1) completion of the Project and restoration work, or (2) August 31, 2025, provided that the restoration and indemnification obligations of County set forth herein shall survive the expiration of this Agreement. Upon request, after the Project and restoration work has been completed, County will execute a termination of this Agreement in recordable form and cause such termination to be recorded in the Official Records of Indian River County. A breach of any provision of this Agreement that is not cured within thirty (30) days after the breaching party's receipt of notice from the non -breaching party detailing such breach (subject to extension in the event the breach cannot reasonably be cured within thirty (30) days and the breaching party is diligently pursuing a cure of the breach) shall constitute a default of this Agreement. In the event of a default by Page 2 of 4 OWNER or County, the non -defaulting party may seek any and all remedies permitted by law or in equity, including without limitation, after judicial process, the termination of the Agreement. The making, execution and delivery of this agreement by County have been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the Parties and there are no further or other agreements or understandings, written or oral, in effect between the Parties relating to the subject matter hereof. This Agreement constitutes the entire agreement between the Parties and understanding between OWNER and County relating to the subject matter hereof and may not be amended, waived or discharged except by instrument in writing executed by both Parties. The invalidation of any provision of this Agreement by judgment, court order, legislative mandate or a finding that such provision is illegal, invalid or unenforceable shall in no way affect any other provisions hereof, and all of the provisions hereof shall remain in full force and effect. This Agreement shall not be amended, changed, modified, waived or discharged in whole or in part except by written agreement signed by OWNER and County. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. This Agreement may be executed in any number of counterparts, all of which together shall constitute one and the same instrument. [Signatures to Follow on Next Page] Page 3 of 4 IN WITNESS WHEREOF, the OWNER and COUNTY have signed these presents on the day and year first above written. Signed in the presence of the following witnesses: GRAND HARBOR a Delaware kimit By: Printed Na Title: Address: 2 2— rKOSA4444103 STATE OF FI-G*H)A COUNTY OF ftDtANTt 7M 84MfrW( �PJRTH LAND LLC, #'Liabi ' y R) prized signatory ►4P 6f-� vn 07 6 `ll The foregoing instrument was acknowledged before me, by means of -physical presence or El online notarization, this� day of S�O}iwKdGf 2024 by [i1of-rI jOUrO,�.t�o( the 00//10-A -< *,wt of GRAND HARBOR NORTH LAND LLC, a Delaware Limited Liability Company, who is 4ersonally known or ❑ produced identification in the form of TAMARAOTAIRY PUB JOYa WCommonwealth of Massachusetts My Commission Expires February 3, 2028 Approved as to form and legal uffic' By: William K. Debraal County Attorney � I►�[i��_C�'/1R�[�7i f , Sign: vy Printed Name: lr" " agly •eh�t Commission No.: d olIV VZO Z 1 V Commission Expiration: oa-f 23/401-9 INDIAN RIVER COUNTY, a political ubdivisio f the State of Florida By: J/ Sean LiEske Director, Department of Utility Services Date: hU<'QSX 15 U24 Page 4 of 4 Indian River County Department of Utility Services Spoonbill Marsh River Intake Pumps Access Road & Electric Power Proposed Easement Date: 07/12/2024 Exhibit A Exhibit B CRAPNC SCALE co +alrnuA u AT Ewa A lzIT�r (OFFkAT BT INDIAN RII&R COUNTY UNDER .1y AS A6NEEME IT HI TN 6R 14ARGOR NORTH -A , LLO) FLORIDA PJ!.P. OPERATING PERMIT }111-01(6511 f \` wwa.->m'e wm uIe �� mIRF QNsFRyATION EA5EI-ENT —T— MOT PART 6 POVER SERVICE FEED PRO.ECT) ``\ ` ec.•Iv / - /Q- / /" /"" K.1'M :.-.- rowxc -• KSM :.` ewaNcx ..,. al h \ Noce ERG Racy WILE rRENuaras 11 Is 10 FATE N IS TO PENETRATE TIE ROCK IN I MANIER THAT WILL NOT GAUriE ANY DAMAGE TO EXISTING RAW WATER MAN MASTELLER A MOLER, INC. ELECTRIC SERVICE ALIGNMENT �pooaaoad aa��a= NEW POWER SERVICE FEED ,,,�„ = ...r..F""-�„ �. ••U .«� NOT FOR CONSTRUCTION 9 U 7; F 1..AN S !1 HM oar o ♦2t4 A cERT AM OF IffIGR TVN NITER 27.9r 1, XM #2, V6RO KE K K41WA, 32%0 (777) 567-"W /FU(TR)] -106 11 r.av � '�-7N REVISIONS STEPHEN E. MOLER, P.E. FL 33193 (OPERATED BY INDIAN RIVER OQIIfiY 11DLR A5 LANDS, uS, I.LGENT wn+ GRMo HMii30R NORrH ) FLOR Der. oPER.AnNs PERMIT JI-FLOIb65tl511 vwworx /, /• K.\M 7. .rnr FUTILRE CONSERVATION FASEMENT 6� 37 m.®e �I �d :d: kq T rt. X... �.Iq PMR OF POPER SERVILE FEED PROJP T) � / t Y / HOTS IP LONTRALTOR CGQNTERS ROCK WILE TfteNLNIN6 1E IS TO PENETRATE THE ROCK N A MAKER - HILL NOT L.405E ANY DAMAGE TO EXISTING RAH HATER MAIN MA _LLER & MOLER, INC. M 64)7J@ Cadann N riff ArE M AlmnawnIA N.RClt saw G55 nu, $n T. SM R. vena WAOy FWWN "W (m)s -5500 / PAX (772) 191-1106 ELECTRIC SERVICE ALIGNMENT nn ry('��''� //�� nn('�1 ��!77 �J LrLNJ LJ D[bl U:d)( R@M POWER SERVICE FEED = =. ,.,str, �',�... �..,: NOT FOR CONSTRUCTION 90`k PLANS N ••• vn• 6��TN NA To Ionil •vN. REVISIONS 5WFIEN_C. MOLK, P.E. F4-33193 ---NEW oma,. atw ��\ G4APNC 9C LE f SPOON_wLL MAR4I DEMIN_ERAI IhD W' ��JNGENTRATE TXt^TFENT FACILITY (OPERATED W INDIAN RIVHt '.. �' I LQMTY UIDEA AS �81r HTM BRAN2 MAT�OR NORTN to, Gf :,o�pT'� LANI LLL) F DA DEP. PERMT 91fL0166911 % �.,: d 78 fya �•_ ��+8 "J4 I 1wi I I ��¢' / /�� FUTURE CONSERVATION EASEMENT lI MOT PART OF POVER SERVILE FEED PND.ELT) \ �.' NOTE, Ir LOMR.ALTOR ENLOIMTERS NO HULL IRE 1?10 NE 19 TO PEND R TE THE R IN A MANNER TNT ALL NOT LAM ANY DAMAGE TO E%E4TIN6 NAW NATER M N u MASTELLER & MOLER, INC. ELECTRIC SERVICE ALIGNMENT M QR„Y.ATE @omwly J@ moungm9 OF AUTNOR6AiX1N H.ITCR 120, 0 M �1 1�1T.(0 (y�`M @1pooa1pnal llAl/,-,L��JIJ LI �•�- ~ .�..... NOT FOR CONSTRUCTION REVISIONS 1669 270 5MMT. 9,11E /2, VW0 MACK KOWA. 97960 (TIt) 047-'w700 /FAX (717) 791-1106 POWER SERVICE FEED 90% PLANS r-10 -,NEW r,�A pmyl ,y�ypi � qA, Nc S7EPFEN E. MOLER, P.E. Fl 33193