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HomeMy WebLinkAboutAgreement_General_12/30/2008TheNature Conservancy -~ Protecting nature. Preserving life." The Nature Conservancy of Florida Tel (407) 682-3664 nature.org/florida 222 S. Westmonte Drive, Suite 300 Fax (407) 682-3077 Altamonte Springs, FL 32714 December 19, 2008 Maria F. Melchiori, Associate State Director The Nature Conservancy 222 South Westmonte Drive, Suite 300 Altamonte Springs, Florida 32714 Re: Letter of Understanding: License to Access property for installation of new water utility lines; Abandonment of existing water utility easement in exchange for a proposed new easement to be granted to the Village of Tequesta (the "Village") after the installation of additional water utility lines within the Blowing Rocks Preserve (the "Preserve"). Dear Ms. Melchiori: Pursuant to discussions with representatives of The Nature Conservancy, Inc. (the "Conservancy"), it has been determined that the existing water utility easement within the Preserve previously granted by the Conservancy to the Village by means of that certain "Easement Agreement" dated May 27, 1982, and recorded in the Official Records in and for Martin County, Florida at ORB 547, Pages 1021-1028 (the "Existing Easement") should be abandoned in exchange for a proposed easement for additional utility lines to be installed in another area of the Preserve. The new easement, proposed to encumber a much shorter span over Conservancy Property, will be granted by the Conservancy following the completed installation of new water transmission facilities in this same area (the "Proposed Easement"). Both the Existing Easement and the Proposed Easement are shown on the sketch attached hereto and incorporated herein as Exhibit "A". Accordingly, the Conservancy and the Village agree to provide for a license to install the new water utility lines and facilities, the abandonment of the Existing Easement and the grant of the Proposed Easement under the following circumstances: 1. The Conservancy herby grants to the Village anon-exclusive license for a period of 9 months from the date hereof to enter upon and across the Conservancy Property described in Exhibit "A" for the purpose of installing water utility lines and facilities. Exhibit "A" consists of approximately 240 linear feet (20 feet in width) connecting the existing lines with facilities along Beach Road (S.R. 707) as shown on Exhibit "A"; and 2. The Conservancy Property possesses significant natural ecological, scientific, and aesthetic values, and was acquired by the Conservancy for the purpose of protecting and/or enhancing such values. Accordingly, prior to entering upon the ® 100/o post-consumer materials Maria F. Melchiori, Associate State Director The Nature Conservancy December 19, 2008 Page 2 of 3 Conservancy Property, the Conservancy and the Village shall perform a joint inspection of the Conservancy Property. The Village will clearly mark the 20 foot wide Proposed Easement area with a silt fence. The Village and its contractors shall restrict their ingress and egress to the Proposed Easement and restrict their work area to the area immediately adjacent to the road and the area within Exhibit "A". The Village shall not disturb any vegetation outside of the 20 foot wide Proposed Easement area and shall otherwise ensure that all of its activities as permitted hereunder, are conducted in a manner which does not adversely affect the natural, ecological, scientific, and/or aesthetic values of the Conservancy Property; and 3. Soil and roots in the easement will not be "grubbed" or removed, except in the location of the pipe or boring equipment. Aboveground vegetation will be removed at the location of the pipe, at boring equipment, close to the sidewalk, .and close to the lagoon pipe. Upon completion of the water transmission facilities, the Village shall dispose of all debris and vegetation removed, shall repair road edge, sidewalk damage, Bahia lawn damage and re-grade all disturbed areas. In consultation with Conservancy staff, all heavily disturbed areas shall be re-vegetated by the Village, at the Village's expense, with species identified and approved by the Conservancy. In no event shall the Village be required to spend in excess of $1,500.00 for materials and installation of such re-vegetation. 4. The Village will at all times during the term of the license maintain adequate liability insurance covering loss of personal property, death or personal injury which occurs on or about the Conservancy Property as a result of the use thereof by the Village, its agents, independent contractors, employees or invitees. The Conservancy shall have no liability for loss of personal property, death or personal injury which occurs on or about the Conservancy Property as a result of the use thereof by the Village, its agents, independent contractors, employees or invitees, and to the extent allowed by law, the Village agrees to indemnify and to defend and hold harmless the Conservancy from and against any claim, loss, cost, damage or expense, asserted against, or incurred by the Conservancy arising out of the use of the. Conservancy Property by the Village, its agents, independent contractors, employees or invitees. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits extend beyond $100,000 for any one person or beyond $200,000 for any judgment which, when totaled with all other judgments, arises out of the same incident or occurrence. Notwithstanding the foregoing, in no event shall the Village indemnify the Conservancy for the negligence or willful or intentional acts or misconduct of the Conservancy or its agents, independent contractors, employees or invitees; and Maria F. Melchiori, Associate State Director The Nature Conservancy December 19, 2008 Page 3 of 3 5. Upon completion of installation of the new utility lines by the Village, the Village will abandon its interests in the Existing Easement by the adoption of a Resolution of Abandonment; and 6. The Resolution of Abandonment shall be recorded in the Official Records in and for Martin County, Florida to give notice of the easement abandonment. 7. The Proposed Easement will be recorded in the Official Records in and for Martin County, Florida to give notice of the new utility easement It is understood and agreed that all costs of surveying, design and installation will be borne by the Village. It is further understood and agreed by the Conservancy that the existing utility lines may be removed by the Village from the area within the Existing Easement once the newly installed lines have been placed in service, provided such removal is done prior to abandonment of, and in accordance with, the terms of the Existing Easement. Your signature, and mine as Village Manager, as written below, will serve to indicate acceptance by both yourself, on behalf of the Conservancy, and the Village of the above terms. Upon your execution of this Letter of Understanding, please return it to the Village for execution, and a certified copy of the fully executed letter will then be provided for your records. Thank you for your anticipated cooperation. The Nature Conservancy ~~ 67 ~. Maria F. Melchi ri Associate State Director Date: ~~~ j, T~j (erg ~t (L~;U~~ e ~-ti ` ~~''~ f ~ ![ Y ~~ Village of Tequesta ~ /_ Michael Couzz Village Manager Date: ~`~-~~~ G S.\I,aura\blowrock\Tequesta water easement IetterWatureConservancy-LtrUnderstanding-Easement 121908 C~! ~-- ~a~ ~.-~~ 0 ~~