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HomeMy WebLinkAbout12-124RESOLUTION NO. 12-124 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Baard of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 19th day of J;1 '~ 2rJ12. ,y +~r ~ t~C y ~Q~•t1~" ,[ ATTEST: ~ ; ~ ~+ p,Y "~ ~. . ~ 'c ~ ~ ; M ~° ~."~ ~ _. .t ~'j ~ /' /~~ - ~ ~~ ~ ~ Jai. uty Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA N By: i Chairman By: S:\ACQ\WP\JoAnn\Landfill\Wal-Mart Easements\Resolution No. 12-124.wpd APPROVED AS TO FORM AND CORRECTNESS: TEMPORARY CONSTRUCTION EASEMENT THIS TEMPORARY CONSTRUCTION EASEMENT ("Agreement"), dated June 19th 20 12 is made by and between WAL-MART STORES EAST, LP, a Delaware statutory trust, whose address is 702 S.W. 8th Street Bentonville, AR 72716, with a mailing addresses of Sam M. Walton Development Complex, 2001 S.E. 10th Street Bentonville, AR 72716-0550, Attn: Realty Management ("Grantor") and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, FL 34982 ("Grantee"). The following statements are a material part of this Agreement: WHEREAS, Grantor is the o-~aner of a tract of land depicted as Tract 1 on Exhibit A, attached; and WHEREAS, Grantee is the purchaser of a tract of land depicted as Tract 2 on Exhibit A, attached; and WHEREAS, Grantor wishes to quitclaim, and Grantee wishes to receive, a temporary easement over, under and across Tract 1 solely for the purposes set forth herein. THEREFORE, in consideration of the covenants contained in this Agreement and other good and valuable consideration, the receipt of which is acknowledged, the parties agree as follows: Grantor quitclaims to Grantee a temporary, non-exclusive easement for the benefit of Grantee to construct a wastewater force main over and across the real property depicted on Exhibit A and more particularly described in Exhibit B (the "Easement"). Grantee, through its officers, employees and agents, at Grantee's sole cost and expense, shall have the right to enter upon the Easement in such a manner as may be reasonably necessary for the sole purpose as above written. This Easement shall expire upon the completion of Grantee's stated purpose, but, in no event, shall the Easement survive beyond July 1, 2013; provided, all Grantee's warranties, representations and indemnities shall survive the termination of the Easement and continue for the benefit and protection of Grantor for as long as possible under applicable law. In no event shall Grantee use this Easement in a manner which; in Grantor's sole discretion, interferes with Grantor's use of Tract 1. Grantee also covenants and agrees that the Easement will not be used for the erection of any temporary structures. Grantor shall have the right, in Grantor's sole discretion, to relocate the Easement upon Grantor's property. Following termination of the JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3721809 07/05/2012 at 01:20 PM OR BOOK 3407 PAGE 1147 - 1160 Doc Type: EASMT RECORDING: $120.50 Easement, Grantee shall provide Grantor written release and extinguishment, in recordable form, of all Grantee's rights in and to the Easement. 2. Grantee agrees to use due care in any use of the Easement, and in the construction, installation, repair, replacement and maintenance of Grantee's improvements, so as not to unreasonably disturb Grantor's use of Grantor's property. Grantee further agrees Grantee shall not interfere with Grantor's business operations while utilizing the Easement. Grantee covenants and agrees to properly maintain the Easement and keep same in good order, free and clear from rubbish. Grantee further covenants and agrees that all construction activities will be timed so as to not interfere with trucking schedules of Grantor, and that driveways damaged by Grantee's use of the Easement will be promptly replaced in accordance with Grantor's specifications at Grantee's sole cost and expense, and to Grantor's satisfaction. Notwithstanding the foregoing, routine maintenance, construction and use of the Easement shall be prohibited during the months of November and December and all work shall be completed by October 31st of the then-current year. Grantee covenants and agrees that Grantor's tract will not be used as a staging area and will not be used to store equipment, trucks, dirt, supplies, materials, rubble, spoil or any other materials of Grantee. Grantee shall not dig any open pits, trenches, borings or holes on or under the Easement. Grantee also covenants and agrees that no heavy trucks or equipment associated with the use of the Easement by Grantee shall utilize the entranceways, streets or roadways located on Grantor's property or the Easement without Grantor's prior written consent. 3. Following completion of work, if Grantee has removed or damaged any of Grantor's improvements, including but not limited to paving, sod, herbage, lighting standards, signage or landscaping within the Easement or otherwise on Grantor's property, Grantee shall at Grantee's sole cost and expense immediately restore the property injured by Grantee's activities to the same condition as existed previous to Grantee's entry upon the particular property. 4. Grantee, and Grantee's successors and assigns, shall indemnify, defend and hold harmless Grantor and Wal-Mart (as defined herein) from and against any and all losses, liabilities (including strict liability), claims, causes of action, damages, injuries, liens (including mechanic's liens and materialman's liens), expenses and costs, including without limitation reasonable attorney's fees of any settlement, judgment or claims of any and every kind whatsoever paid, incurred or suffered, in connection with any damage or liability to persons or property that might arise directly or indirectly during construction of Grantee's improvements, from use of Grantee's improvements by Grantee, its customers, suppliers, employees, and tenants or anyone else using the such improvements, or use of the Easement. Grantee is self insured as to liability with limits of $200,000 per person and $300,000 each occurrence. Upon request Grantee shall submit written evidence of such self insurance to the Grantor. ~. Grantee, and Grantee's successors and assigns, shall indemnify, defend and hold harmless Grantor and Wal-Mart from and against any and all losses, liabilities (including strict liability), claims, causes of action, damages, injuries, expenses and costs, including without limitation reasonable attorney's fees of any settlement, judgment or claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Grantor and/or Wal-Mart, and their respective successors and assigns, by any person or entity or governmental agency, for, with respect to, or as a direct or indirect result of, the construction of Grantee's improvements, use of Grantee's improvements by Grantee, its customers, suppliers, employees, and tenants or anyone else using the such improvements, the use of the Easement, or any claims the escape, seepage, leakage, spillage, emission, discharge or release of any hazardous substance resulting from the operations of Grantee upon or under any tract of land owned by Grantor including without (imitation, any losses, liabilities (including strict liability); damage, injuries, expenses and costs, including, without limitation, reasonable attorney's fees, of any settlement or judgment or claims asserted or arising under, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, any so called federal, state or local "Superfund" or "Superlien" statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including strict liability}, or standards of conduct concerning any hazardous substance. 6. In exercising any rights and privileges under this Agreement, Grantee shall comply fully with any federal, state or local laws, regulations, ordinances, permits or other authorizations or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for Discharges Associated with Construction Activities (collectively the "Storm Water Rguirements"). In addition to any other provisions of any Storm Water Requirements: A. Grantee shall, as required by any Storm Water Requirements, prepare a Storm Water Pollution Prevention Plan (the "Grantee SWPPP") for that part of the property owned by Grantor and shown on Exhibit A on which Grantee plans to conduct earth-disturbing activities. The Grantee SWPPP shall identify and describe the role of any other contractor, entity or individual contemporaneously undertaking earth-disturbing activities in complying with the Storm Water Requirements, and shall identify the manner in which Grantee and any such contractor, entity or individual shall coordinate to comply with the Storm Water Requirements and to avoid negatively impacting any erosion or sediment controls during earth-disturbing activities. Grantee shall provide Grantor with a copy of the Grantee SWPPP prior to initiating any earth-disturbing activities. B. Grantee shall, as required by any Storm Water Requirements, submit a "Notice of Intent" (as such term is commonly defined in the environmental compliance industry) or other permit application prior to initiating any ground- disturbing activities at the property owned by Grantor and shown on Exhibit A covering the number of acres which will be disturbed by Grantee. Grantee shall submit such Notice of Intent or other permit application regardless of whether Grantor or any agent or contractor of Grantor has also submitted any Notice of Intent or other permit application, unless any Storm Water Requirements expressly prohibit such submittal. Grantee shall provide Grantor with a copy of the Notice of Intent or other permit application prior to initiating any earth- disturbing activities. C. If Grantee and Grantor, or any agent or contractor of Grantor, contemporaneously undertake any earth-disturbing activities, Grantee shall attend any weekly meetings held by Grantor, or any agent or contractor of Grantor, to review the requirements of any applicable permits, the Grantee SWPPP and other SWPPPs prepared for the property owned by Grantor and shown on Exhibit A to address any problems that have arisen in implementing the SWPPPs or maintaining Best Management Practices ("BMPs"). D. In the event Grantee, in exercising the rights and privileges of this Agreement requires the development and/or use of borrow, material, equipment or waste storage sites, Grantee agrees it shall, prior to the development and/or use of such sites, obtain any permits or approvals necessary for the legal use of such sites, and shall also comply with all laws, regulations and permit conditions applicable to such sites. 7. Grantee shall (i} comply in all respects with all immigration laws, statutes, rules, codes and regulations, (ii) properly maintain all records required. by the United States Citizenship and Immigration Services (the "USCIS"), including, without (imitation, the completion and maintenance of the Form I-9 for each of Grantee's employees, and (iii) respond in a timely fashion to any inspection requests related to such I-9 Forrns. Grantee shall fully cooperate in all respects with any audit, inquiry, inspection or investigation that may be conducted by the USCIS of Grantee or any of its employees. Grantee shall, on a bi-annual basis during the term of this Agreement, conduct an audit of the I-9 Forms for its employees and shall promptly correct any defects or deficiencies which are identified as a result of such audit. Grantor may, in its sole discretion; terminate this Agreement immediately if, at any time during the term, (x) Grantee violates or is in breach of any provision of this paragraph or (y} the USCIS determines that Grantee has not complied with any of the immigration laws, statutes, rules, codes and regulations of the United States. Grantee shall require all subcontractors performing any work on the Utility System to comply with the covenants set forth in this paragraph. 8. Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the construction, installation, repair, replacement and maintenance of Grantee's improvements. Grantee shall comply with any and all applicable federal, state and local laws, rules, regulations, statutes, codes, orders and ordinances, including, but not limited to, those governing the prevention, abatement and elimination of pollution and/or protection of the environment and the employment of its workers. 9. If Grantee defaults in the performance of any provision contained in this Agreement, Grantor may terminate this Agreement following written notice and afifteen-(15) day period during which Grantee shall have the opportunity to cure such default to Grantor's satisfaction. If Grantor terminates this Agreement under this provision, Grantee may exercise any and all remedies available at law or in equity. lO.Grantee acknowledges that it is Grantee's sole responsibility to obtain any govemmental permits to perform any required maintenance checks, and to abide by any governmental regulations associated with the use, construction, patrolling, replacement and mainienance of Grantee's improvements, as applicable. 11. This Agreement may be executed in one or more counterparts (including by facsimile), all parties need not be signatories to the same documents, and all counterpart signed documents shall be deemed to be an original and one (1) instrument. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first written above. WALMART STORES EAST, L.P. A Delaware Limited Partnership By: WSE Management LLC, A Delaware Limited Liability Company Its general partner 1} 4 4 w ff Ma ~ ~/~~ ~ L/n /~ .f.~l ~~ y~ 5 ~; _ ~ "9tr7 ATTEST: .,, ~Y ~ d. ~ BOARL Or' COUNTY COMIviISSIONERS ~~ k ~~~ ~ „ ~~~~;~' r'~ OF ST. LUCIE COUNTY, FLORIDA Y~ ~ .9. `` A'~ ~s ~' j's'. v i ~~. By: uty Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: Bv: ACKNOWLEDGEMENT STATE OF ARKANSAS COUNTY OF BENTON } §§ On this ~ ~~'` day of June, 2012, before me, the undersigned notary public in and for said County and State, personally appeared before me Jeff Snyder, to me personally known, who, being by me duly sworn, did say that he is ~'P. of WALMART STORES EAST, L.P., a Delaware Limited Partnership, and that the seal affixed to the foregoing instrument is the seal of said entity, and said he acknowledged said instrument to be the free act and deed of said entity. WITNESS MY HAND and notarial seal subscribed and affixed in said County and State the ~ 2~' day of June, 2012. ~ ~,~, y -~ _ ~r~ E My Commission Expires: NOTARY PUBLIC cu2at~th E. Robbins - - N®l'ARY PUg~ IC Benton County, p,rkansas My Cammission Expires 9/7 ~/2Q16 ACKNOWLEDGEMENT STATE OF FLORIDA ) §§ COUNTY OF ST. LUCIE ) On this day of June, 2012, before me, the undersigned notary public in and for said County and State, personally appeared before me Tod Mowery, personally known, who, being by me duly sworn, did say that he is Chairman of Board of County Commissioners of St. Lucie County, Florida. WITNE S MY HAND and notarial seal subscribed and affixed in said County and State the /day of June, 2012. cQ.:_ ~ . ,~~~ NOTARY PUBLIC My Commission Expires: GAR~L A. BISHOP ~ .':~` = Commission # EE 191842 - ' ` Expires May 26, 2016 ,~. ~~I qn'~~ BDIY~BQ TfMU 7fCJ Fdl1 kIBVYEB'~'~ EXHIBIT "A" ~~ WALMART STORES EAST, L.P. ~~ P ~~~5~ TRACT 7 - ~~ ~~ UTILITY EASEMENT/TCE EASEMENT ST. L UCIE COUNTY LANDFILL TRACT 2 O D k & L R. V. C. D. CANAL Nd 101 O O O 0 D ° •d ~ ~ 1~ ~' ~E t SGJ ~?' waraa y~ ~P~' ll-287 6-7-12 LEGAL DESCRIPTION An easment for temporary construction purpose over, under and across a parcel of land lying in Section 36, Township 35 South, Range 39 East and a portion of Tract 6, FLAGLER PLAT N0. 1, as recorded in Plat Book 42, at Page 8, of the Public Records of St. Lucie County, Florida, said easement being more particularly described as follows; Commence at the Southwest corner of said Tract 6; thence South 89°54'15" East, a distance of 10.95 feet to the POINT OF BEGINNING of the following described parcel; Thence North 24'00'13" West, a distance of 638.35 feet; thence North 45°34'07" East, a distance of 69.33 feet; thence South 44'25'53" East, a distance of 10.00 feet; thence South 45°34'07" West, a distance of 62.38 feet; thence South 24'00'13" East, a distance of 635.88 feet; thence North 89°54'15" West, a distance of 10.95 feet to the POINT OF BEGINNING. Containing 7,030 square feet, more or less 5 a 0 co 0 NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK,VIEWING OF THE SUBJECT PROPERTY OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. N NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. ~~ N ~- ~ L! O' ~ ~~ L~ Michael 'l-. Kolodziejczyk Date Professicncl Surveyor & Mapper Flo; ida CPrt'rficate No. 3864 _ _^ REVISION: REVISED LEGAL DESCRIPTION GLM 6-6-2012 Sheet 1 of 2 DESCRIPT101V OF TEMPORARY CONSTRUCTION EASEMENT File: 11-287s&d tce.dwg Date: 3-7-2012 Tech: GLM CULPEPPER ~ TERPENING, INC ~~ CONSULTING ENGINEERS i LAND SURVEYORS 298050UTH 25th STREET. PORT ~R('p FI.ORIDA34961 PHONE 777464-3537 . PAX 772464-9497 - www.eceng. ©m 151 SW FLAGLER AVENUE . SI'UART. FLARIDA 34994 :_ PHONE 772.220-3376 • FAX 772.464-9497 . www.ecenl,.mm STATE OF FLOlUD.4 CGRTIflGT10N No. Ut 4~P,L 0 SKETCH TO ACCOMPANY LEGAL DESCRlPTlON ~ ,~ F, THIS lS NOT A SURVEY ~ ~~ ~ ~ h~ S44'25'53"E ' ~ ~ 01 ~ ~~• 10.00 ~~ X ~~~ GRAPHIC SCALE ~O Boa o so goo ` \ . gyp. ~ [_ ' T v C (~~t ) ; N ~ ~ .,,.h - ioo tt i ~ Z ~ ~ ~ ~ TCE =TEMPORARY CONSTRUCTION EASEMENT ~ y~ POC =POINT OF COMMENCEMENT ~ ~ POB =POINT OF BEGINNING O~\ PLS =PROFESSIONAL LAND SURVEYOR \ ~ \ N.S. L.R. W.M.D. =NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT ~ ~ \ , \ ~. 2~. °~ TRACT 6 o ~; FLAGLER PLAT N0. 1 ~ ~ PLAT BOOK 42, PAGE 8 \ ~ rn "s ~~ ~ ' BEARINGS SHOWN HEREON ARE RELATIVE TO THE ~ ~ P EASTERLY RIGHT OF c _ - -WAY OF SUNSHINE STATE ~ PARKWAY HAVING A BEARING OF N24'00'13"W ~O ~ ~ \ O. p AGE ~ ~ \ ~ 1p p0 y ~ ~ o \ ~ ~ ~ ~z ~ S89'54'15"E ~ ~,c P ~ C 10.9 5' SOUTHWEST CORNER ~rt+ N 89'54' 15"W 10.95' ~ \ POB ~ N.S.L. W.M.D. CANAL N0. 101 ' 108 WIDE RIGHT-OF-WAY ~ \ ~ i Sheet 2 of 2 SKETCH OF' DESCRIPTI Flle. tC d89S&d GULPEPPE & ON e R TERPENING, INC OF Dote: 3-7-2012 CONSULTING ENGINEERS I LAND SURVEYO P,S 2980 SOUTH 75Th STREET .FORT PIERCE FiARIDA 34981 R R r r TEM ~ O, `~ ` ~ ~ V O N ~ ~ ~ V ~ ON , PHONE 772~G4-3537. FAX 772.464-9497 . wwmcc eng.mm 151 SW FLAGLER AVENUE . STUART, FLORIDA 34994 PHONE T72 EASEMENT Tech : GLM . _ _ -27A-337G . FAX772-064-9497 . wmmco-eugcom 51 ATE OF FiOlUD4 CSftTff]CAi10N NO Ld 1+_6i v v N i 0 CJ I C