HomeMy WebLinkAbout2024-275AThis instrument prepared under the direction of:
County Attorney's Office
Indian River County
180127 1h Street (Building A)
Vero Beach, Florida 32960-3388
TEMPORARY CONSTRUCTION EASEMENT AND LICENSE AGREEMENT
This Tempora��y Construction Easement and License Agreement ("Agreement") is made and
entered into this day of bbokbW 2024, by and between Waste Management Inc. of Florida, a
Florida corporation, whose principal place of business is 4310 77th St, Vero Beach, FL 32967 (hereinafter
"Owner'), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "County').
WITNESSETH:
WHEREAS, Owner is the owner of the property situated in Indian River County, located at 4310
771h Street, Vero Beach, FL 32967 and identified as Parcel No. 31393300000700000034.0, as depicted and
more particularly described in Exhibit A attached to and by this reference incorporated in this Agreement
(hereinafter the "Property"); and
WHEREAS, Owner operates a Waste Management hauling facility (the "Operations") on the
Property which said Operations are primarily limited to the southern 700 feet of the Property (the
"Operations Area"), as depicted with cross -hatches on Exhibit "B" attached hereto; and
WHEREAS, the County is preparing to commence a project involving the installation of a
permanent sewer line (the "Project") within that certain real property known as the RedStick Golf Course,
located at 8350 58`h Ave., Vero Beach, FL 32967 and identified as Parcel No: 31393300006000000001.0
(the "RedStick Property"), said Project to be conducted on the RedStick Property adjacent to the
Northeast corner of Owner's Property; and
WHEREAS, in order to enable County to accomplish the aforesaid Project, County has requested
that Owner grant to the County a temporary construction easement over and across portions of the
Property in order to allow County to bring its vehicles, equipment and materials to and from the Project
site on the Redstick Property; and
WHEREAS, Owner has agreed to grant said aforesaid easement to the County, subject to certain
terms, conditions and restrictions.
NOW, THEREFORE, in consideration of the benefits accruing to the County, and in consideration
of the sum of Ten Dollars ($10.00) in hand paid by the County, and other good and valuable consideration,
the parties hereby agree as follows:
1. Recitals. Each of the above recitals is accurate and true and all such recitals are
hereby adopted and incorporated herein.
2. Grant of Easement. Owner hereby grants to County a temporary construction easement
(the "Easement") to occupy and use, subject to all of the terms and conditions hereof, the following
described portions of the Property (such portions being collectively referred to herein as the "Easement
Property") situated North of the Operations Area:
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(a) The approximate 80' x 80' square located in the Northeastern corner of the Property (the
"Staging Area"); and
(b) The approximately 320' linear feet and 50' wide strip of the Property running from the
Northern edge of the OWNER's aforesaid Operation Area northward to the Work Area
(the 'Temporary Access Drive").
(The Staging Area and Temporary Access Drive, together the Easement Property, are depicted on Exhibit
"C" attached hereto.)
Ownerauthorizes the County and its employee(s), contractors, subcontractors, and agent(s) to enter upon
the Easement Property identified above for the purpose of ingress and egress of personnel, construction
equipment and materials, and staging and storing of such equipment and materials within the Staging
Area, with all rights and privileges necessary or convenient for the full enjoyment or use thereof, 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.. The County's exercise of any of the privileges granted herein is
subject to and constitutes acceptance of all the conditions of the Easement as set forth in this Agreement.
This Easement does not convey any other right, title, or interest in the Easement Property and may only
be used for the ingress, egress, and staging in connection with the Project and no other purpose. This
Easement is not assignable to any other party.
OWNER reserves the right to use the Easement Property for any lawful purpose that will not
prevent or interfere with the exercise by the County of the rights granted under this Agreement.
3. Grant of License. In addition to, and in connection with, the aforesaid Easement, OWNER
does hereby also grant to County a license for County, and its employee(s), contractors, subcontractors,
and agent(s), to enter upon and pass through the Operations Area of the Property for the purpose of
ingress and egress between 77"' Street and the Easement Property (the "License"). The said License shall
be irrevocable as long as the Easement remains in effect and shall automatically terminate upon
termination of the Easement; provided, however, such License shall be subject to the following terms,
conditions, and restrictions:
(a) The License is for the limited purpose of allowing personnel, equipment and materials
to pass through the Operations Area so as to travel between 77'h Street and the
Easement Property;
(b) County shall not park or stage vehicles, equipment or materials anywhere within the
Operations Area or engage in any other activity within the Operations Area which
may interfere with or hinder OWNER's Operations therein;
(c) County shall follow and comply with such additional rules, regulations or restrictions
as may be promulgated by OWNER and communicated to County from time to time
in order to avoid or minimize any interference with OWNER's Operations, including
the restriction of County's vehicles and personnel passing through the Operations
Area during certain limited peak hours of the day during which OWNER's vehicles are
entering or exiting the Property.
(d) OWNER will re -position all shipping containers currently located near the Northern
end of the Operations Area so as to provide a sufficiently clear passage for County
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License Agreement
8350 58TH AVE
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and its contractors, subcontractors and agents to pass through the Operations Area
to and from the Temporary Access Drive.
4. Maintenance and Restoration of Easement Property. County agrees to maintain the
Easement Property and to pay all costs and expenses in connection therewith. 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 Project, the County and/or its subcontractor(s) shall restore all portions of
the Property disturbed, damaged or altered by the ingress, egress, staging, and fortification to its
condition as existed prior to commencement of the Easement, which includes removing the temporary
construction facilities, debris, and roadmaking material, leveling off the area, and restoring of sod and
other vegetation with fill soil and native grass (the "Restoration Work").
5. Termination. This Agreement (and the Easement and License granted herein) shall
automatically terminate and expire upon the earlier to occur of (a) the County's completion of the Project
and the Restoration Work, or (b) December 31, 2025 (such earlier occurrence being the "Termination
Date"). The County shall notify OWNER in writing of its completion of the Project and Restoration Work
and, In the event such Termination Date is prior to August 31, 2025, County shall, if requested by OWNER,
execute and deliver to OWNER in recordable form a document acknowledging termination of this
Agreement
6. Indemnification and Insurance. 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 any misconduct, negligent act, or omissions
of either the County or any of its respective agents, officers, or employees in connection with the
performance of this Agreement.
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. In addition,
County shall require that all contractors or others performing work on behalf of, or at the direction of,
County in connection with the Project, shall maintain insurance with such coverages and coverage limits
as may be reasonably required by OWNER and, in any event, must provide such minimum limits for bodily
injury and property damage as required by Florida law. All policies maintained pursuant hereto shall
include the OWNER as an additional named insured.
7. Compliance with Laws. County acknowledges that County's compliance with all
applicable federal, state and local statutes, laws, ordinances and regulations in its use of the Easement
Property, including but not limited to all building codes and zoning restrictions, is a condition of this
Easement.
8. Default. OWNER shall provide County with written notice of any failure to perform or
comply with the terms and conditions contained herein to be performed by County. If County fails to cure
such default within twenty (20) days of receipt of written notice of default, OWNER shall, in addition to
any other remedies available at law or in equity, have the right to:
(a) Terminate this Agreement by giving written notice of such termination to County in
accordance with the provisions hereof; or
License Agreement
8350 58TH AVE
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(b) Cure the default on behalf of County, and County shall reimburse OWNER for any and
all costs incurred to cure such default within thirty (30) days of receipt of an invoice
from OWNER indicating such cost.
9. Miscellaneous. 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 shall be construed and enforced according to the laws of the State of Florida and
venue for any action to enforce or interpret the terms hereof shall be in Indian River County, Florida.
The failure of either party to insist upon the strict performance of any of the provisions or
conditions of this Agreement shall not be construed as waiving or relinquishing in the future any such
covenants or conditions but the same shall continue and remain in full force and effect.
Paragraph headings are for convenient reference and are not a part of this Agreement.
[Signature on the following page]
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License Agreement
8350 58TH AVE
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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:
Signature - Witness #1
Printed Name - Witness #1
1800 N. Military Trail, Suite 201
Boca Raton FL. 33431
Address - Witness #1
signature - Witness #2
Printed Name - Witness #2
1800 N. Military Trail, Suite 201
Boca Raton FL. 33431
Address - Witness #2
STATE OF FLORIDA
COUNTY OF Palm Beach
Waste Management, Inc. of Florida.,
a Florida corporation
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By: &I . k4e��=—
(authorized signatory Printed Name•
Title: res
The foregoing instrument was acknowledged before me, by means of P1 physical
presence or ❑ online notarization, this 31 day of October , 2024 by David M. Myhan
, the President of WASTE MANAGEMENT, INC. of Florida,
a Florida corporation, who is ® personally known or El produced identification in the form of
NOTARY PUBLIC:
COLEENT.HOULMM Sign: I-
;.:
My COMMWM # HH %W9 printed Name:
EXPIRES: k9A 2.2028
"•",fo,t:;�.� Commission No.:
Commission Expiration:
SEAL:
License Agreement
8350 58TH AVE
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Signat re- Witness #1
Printed Name - Witness #1
53'7-r1-ruG
5ebcn h a r. , -Y L Sam
Addd,,reresss -- Witness #1
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Sin ture fitness 2
J.
Printed Name - Witness #2
Address -Witness 2
STATE OF FLORIDA
COUNTY OF
INDIAN RIVER COUNTY,
a political subdivisi the State of Florida
By: - AM
Sean LiAske
Director, De artm nt of Utility Services
Date: 11 a�2
—T
The foregoing instrument was acknowledged before me, by means of El physical
presence or ❑ online notarization, this A6- day of 1: ✓e"I-eJ , 2024 by L- tsk. t -
the �) tir« h. o/ O4 ,'(,'f ; . tr✓,cr� of INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, who is 13,15ersonally known or ❑ produced identification in the form
of
SEAL:
Approved as to form and
legal suffigiieracy:
By:
County Attorney
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NOTARY PUBLIC:
Sign: �aL'a", / LA�:Y ci -cam-
Printed Name: -c, ice- Z-•l",rt a lc6l
Commission No.:
Commission Expiration:
��►' HEATHER L. ALEWN --R
Notary Public - State of : orice
Commission N HH 45397
o. F My Comm. Expires Mar • 7, 2i 2
Bonded through Nationai Nctarf ASST. `
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License Agreement
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i
EXHIBIT "A"
LEGAL DESCRIPTION
That part of the Southeast Quarter of the Southeast Quarter of Section 33, Township 31 South, Range 39
East, lying West of Florida East Coast Railway right-of-way, EXCEPT the South 240 feet and EXCEPT the
West 180 feet; TOGETHER WITH and including a perpetual easement appurtenant for ingress and egress
80 feet wide which said easement shall run parallel to, adjacent to and immediately West of the Florida
East Coast Railway right-of-way which shall extend over, through and across the North 200 feet of the
South 240 feet excepted in the above description. Said lands lying and being in Indian River County,
Florida.
or
EXHIBIT "B"
Indian River County, FL
Overview
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Legend
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Street Centerlines
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Municipal
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FEDERAL
GOVERNMENT
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GOVERNMENT
LOCAL
GOVERNMENT
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77TH ST SCHOOL
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eA. * FIRESTATION
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CITY PARK
BOAT RAMP
CANOELAUNCH
CANOE LANDING
Golf Courses
Water
Parcel ID 31393300000700000034.0 Prop ID 40061 Owner WASTE Last 2 Sales
Seclfwp/Rng 33-31-39 Class 2700 -Auto Address MANAGEMENT INC Date Price InstrType Qual
Property 431077TH ST Sales/Service OF FLORIDA 12/13/2022 $2412300 Unqualified U
Address VERO BEACH Rental C/O CORPORATE -30
Acreage 14.13 REAL ESTATE 11/1/2005 $1025000 Unqualified U
DEPARTMENT
720 EAST
BUTTERFIELD RD
4TH FLOOR
LOMBARD, IL 60148
District I- NORTH COUNTY W/SEB INLET
Brief Tax Description SEI/4 OF SE 1/4, LYING W OF FEC RY, LESSS 40 FT & EXCEPT S 240 FT & EXCEPT W 180 FT
NOTE: NOT TO BE USED ON LEGAL DOCUMENTS
Div
Approximate -dimensions-of work -area-on
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we is Mang ment Property: 80'
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Waste Management/ -
Red Stick Golf Course
ROW line';
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1 Approximate location of
+l- 400 LF temporary
construction entrance
Possible Laydown area/ area of disturbance `.
approximately 50 east to west
of temporary construction entrance
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Indian River County Department of Utility Services
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FM Replacement Temporary Construction Exhibit
Date- 0 510 712 0 2 4
s1nn�P� Scab+. 1" = 1.000'
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