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HomeMy WebLinkAbout2024-297A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK This instrument prepared under the direction of: County Attorney's Office Indian River County 180127" Street (Building A) Vero Beach, Florida 32960-3388 TEMPORARY CONSTRUCTION EASEMENT AND LICENSE AGREEMENT This Temporay, Construction Easement and License Agreement ("Agreement") is made and entered into this 9,V'` day of 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 77"' 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 581h 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: Initials A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK (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.) Owner authorizes 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: Initials OV` (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`" 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 License Agreement 8350 58TH AVE Page 2 of 6 A TRUt COPY CERTIFICAtION ON LAST PAGE RYAN L. OUTLER, CLERK 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 Initials Page 3 of 6 ATRUE COPY CERTIFICATION ONLAST PAGE RYAN L.BUTLER, CLERK (b) Cure the default onbehalf ofCounty, 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. A. Miscellaneous. The making, execution and delivery of this Agreement by County have been induced bynorepresentations, staemen%s,amnanhes,orag,eementsouherthamthooacontained 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] AR Initials License Agreement Page 4 of 6 QTAU COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK 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 -/6glky-ik� 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 (OW /R) By: ci (authorized signatory Printed Name Title: David M. Myhan, Pres. The foregoing instrument was acknowledged before me, by means of IN physical presence or CJ 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 IN personally known or D produced identification in the form of ;3a`COLEEN T. HOULMAN =•:MY COMMISSION # HH 566079 A-. EXPIRES: Aust 2, 2028 SEAL: Initials* NOTARY PUBLIC: Sign: &f'lna-� Printed Name: Commission No.: Commission Expiration: License Agreement 8350 58TH AVE Page 5 of 6 Signa re Witness #1 45vz., 1�Sc�je.n Printed Name — Witness #1 53'7 2C ,rv:,t. G 5e Arm'.'Y L _e �" Address ,,— Witness #1 &V) SiSi n fitness 2 M Printed Name — Witness #2 Address — Witness #2 STATE OF FLORIDA COUNTY OF A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK INDIAN RIVER COUNTY, a political subdivisi the State of Florida By: Sean Li ske Director, De artm nt of Utility Services Date: The foregoing instrument was acknowledged before me, by means of 0 physical presence or n online notarization, this 4Zday of �7 .` ' -___,2024 by i,,, csk_z_ the N/ of INDIAN RIVER COUNTY, a political subdivision of the State of Florida, who is gl5ersonally known or ❑ produced identification in the form of SEAL: Approved as to form and legal suffio(ncy: By: f_/County Attorney Initials DO\— NOTARY PUBLIC: ��// t Sign: /�_4'e:�I , Printed Name: ,,tv- r< i%l� <e:<:c n.• Commission No.: Commission Expiration: HEATHER L. ALEXAHC; R Notary Public • State of *" oriea Commission tt HH aS: 497 am My Comm. Expires mar • 7. 2C:`: Bonded through National NCtary Asir, t -w License Agreement 8350 58TH AVE Page 6 of 6 A TRUE COPY CERTIFICATION ON-L.-A'ST PACE RYAN L. BUTLER, CLERK 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. EXHIBIT "B" ,a Indian River County, FL _r____ f 7TH ST °a Parcel 10 31393300000700000034,0 Prop 10 40061 Sec/Twp/Rng 33-31-39 Class 2700 - Auto Property 4310 77TH ST Sales/Service Address VEROSEACH Rental Acreage 14.13 © Parcels _r____ f 7TH ST District Brief Tax Description dv A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Overview :J A Parcel 10 31393300000700000034,0 Prop 10 40061 Sec/Twp/Rng 33-31-39 Class 2700 - Auto Property 4310 77TH ST Sales/Service Address VEROSEACH Rental Acreage 14.13 District Brief Tax Description dv A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK Overview :J A LE� e _._--_._ Legend © Parcels Street Centerlines x a Subdivisions Municipal Boundaries 2 ' IRC_Private_Schools p Government Facilities FEDERAL GOVERNMENT COUNTY GOVERNMENT • LOCAL - GOVERNMENT SCHOOL E:1 HOSPITAL FIRE STATION d ,. • LAW ENFORCEMENT STATE PARK COUNTY PARK CITY PARK : BOAT RAMP CANOELAUNCH CANOE LANDING Golf Courses Water Owner WASTE Address MANAGEMENT INC OF FLORIDA C/O CORPORATE REALESTATE DEPARTMENT 720 FAST BUTTERFIELD RD 4TH FLOOR LOMBARD, IL. 60148 Last 2 Sales Date Price Instr Type Qua] 12/13/2022 $2412300 Unqualified U -30 1111/2005 $1025000 Unqualified U Plat (A)k Vinik 1- NORTH COUNTYW/SEB INLET SEI/4 OF SE 1/4, LYING W OF FEC RY, LESSS 40 FT & EXCEPT 5 240 FT & EXCEPT W 180 FT NOTE: NOT TO BE USED ON LEGAL DOCUMENTS Approximate dimensions of work area on } _ V Waste Management Property 80 x 80' ` �, � Y ,ex. `�.�W '�' ✓ 'r? ,'1m, ; �'�" ��i� � ... &�' Waste Management( ooa ct::-ar'r_�r Approximate location of +1- 400 LF temporary construction entrance Possible Laydown areal area of disturbance approximately 50 east to west of temporary construction entrance v f.' Indian River County Department of Utility Services .. FM Replacement Temporary Construction Exhibit Date: 05(0712024 Scale: 1" = 1.000' os n-+Zm mM�p;Oo c AA—+po <G7 jCy ZZ 1 �rD Fp i T� C D z .lS�n