Item F44BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
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T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
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�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: F.44
Agenda Item Summary #2372
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: David TeGreene (305) 295 -4339
5 minutes
AGENDA ITEM WORDING: Execute easement to FKAA at Veterans Park and Pigeon Key for
Onsite Wastewater Treatment Systems
ITEM BACKGROUND: Both Facilities due to their remote and unique locations are not serviced
by a Wastewater Collection System. Treatment of the wastewater generated at the two locations is
ideally suited for an onsite treatment system. FKAA has committed to service both of the sites with
an onsite system that FKAA will own, install and operate. To begin the process with FKAA they
require Monroe County to execute a standard onsite agreement for both locations.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT /AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION: Execute the FKAA agreements for the Pigeon Key and Veterans
Park properties.
DOCUMENTATION:
Agreement & Easement for Maintenance of Wastewater Removal - Veteran's Park (11 -9 -16 revised
final legal approval stamped)
Agreement & Easement for Maintenance of Wastewater Removal - Pigeon Key (11 -9 -16 revised
final legal approval stamped)
FINANCIAL IMPACT:
Effective Date: 11/22/16
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
None
REVIEWED BY:
Ann Mytnik
Completed
11/07/2016 7:37 AM
Doug Sposito
Completed
11/07/2016 7:43 AM
Patricia Eables
Completed
11/07/2016 2:48 PM
Budget and Finance
Completed
11/07/2016 3:39 PM
Maria Slavik
Completed
11/08/2016 12:51 PM
Kathy Peters
Completed
11/08/2016 1:32 PM
Board of County Commissioners
Pending
11/22/2016 9:00 AM
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Attn: Joshua W. Peele
1 100 Kennedy Drive
Key West, FL 33010
AGREEMENT AND GRANT OF EASEMENT FOR INSTALLATION AND
MAINTENANCE OF ONSITE WASTEWATER NUTRIENT REMOVAL SYSTEM
Monroe County Florida , and all co- owners, heirs, successors, grantees, and assigns, ( "Owner")
of the Property at the address of 39900 Overseas Highway , Little Duck Key, Florida 33050
Parcel ID # 00106160- 000000 acknowledges that the Authority intends to furnish and install an
onsite wastewater nutrient removal system, effluent disposal well, control panel, appurtenant
pipe and electrical apparatus (Facilities) of a type and in a manner approved by the Authority,
and meeting State of Florida 2015 mandated treatment standards, in an owner - selected portion of
the above - referenced property.
Owner agrees to install, own, maintain, repair and replace the sewer lateral from the building
connection to the Facilities and the electrical portion of the system from the building circuit
panel to the system control panel, and the Authority will install, own, maintain, repair and
replace electrical service from the system control panel to the onsite wastewater nutrient removal
system, and the onsite wastewater system itself.
Owner understands and agrees that the Authority will perform inspections, maintenance and
replacement of the Facilities as necessary. Owners, also, understand and agree that the Authority
will provide normal maintenance service on the Facilities at no additional charge to the Owners.
In order to provide the Authority access to the Facilities, the Owners for and in consideration of
the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which
is hereby acknowledged, does grant, sell and convey an Easement to the Authority, its successors
and assigns, under the following terms and conditions:
Owner hereby grants to the Authority an easement under, over, across and upon the property
described as Lot 1 , Block NA, in The Official Records of Monroe County in Book NA at Page
NA.
1. Upon agreement between Owner and the Authority, easement shall be confined to the
Owner - selected location of Facilities, including a work area of five (5) feet, each way, from
the Facilities.
2. The Authority, its successors and assigns, shall have the right to construct, reconstruct, lay,
install, operate, maintain, relocate, repair, replace, improve, remove, and inspect the
Facilities and shall have right of ingress and egress thereto and therefrom over and across the
easement area. The Authority shall notify the Owner prior to gaining access, except in
emergency conditions.
3. Owner shall furnish and maintain the easement area free of any obstruction and shall not
construct, place, or allow the placing or construction of any obstruction which would
interfere with: (a) Authority's safe or proper installation, operation, maintenance, inspection,
or removal of the Facilities located in the easement area. Owner shall have the right to make
any other use of the easement area which does not interfere with the Authority's Facilities.
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4. Any obstruction to the safe or proper operation, maintenance, and inspection of the Facilities
thereto, may be removed by the Authority at Owner's expense. The Authority shall notify
Owner of any such obstruction prior to any action in this regard and allow Owner time to
remove obstruction; except for emergency conditions during which the Authority may
require immediate, unobstructed access to the Facilities.
5. Owner shall bear the cost of any relocation or modification of said Facilities when the change
is necessitated by Owner's requirements.
6. All covenants, stipulations, terms, conditions, and provisions of the agreement shall extend to
and be made binding upon respective successors and assigns of Authority and Owner. It is
intended that this Agreement shall be recorded and be binding upon future owners of the
above described property.
7. The Owner does hereby state that they have sufficient authority and title to grant this
easement.
IN WITNESS WHEREOF, the undersigned has executed this Agreement and Grant of
Easement on this day of , 20
WITNESSES:
(Requires two witnesses)
By:
Witness Signature (1)
Printed Name
By
Witness Signature (2)
Printed Name
STATE OF
COUNTY OF
Signature
Printed Name
By
Signature
Printed Name
The foregoing instrument was acknowledged before me this day of ,
20 by who is /are personally know to me or who
has /have produced as identification.
[NOTARY SEAL]
Notary Public, State of
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Attn: Joshua W. Peele
1100 Kennedy Drive
Key West, FL 33040
AGREEMENT AND GRANT OF EASEMENT FOR INSTALLATION AND
MAINTENANCE OF ONSITE WASTEWATER NUTRIENT REMOVAL SYSTEM
Monroe County Florida , and all co- owners, heirs, successors, grantees, and assigns, ( "Owner ")
of the Property at the address of 44800 Overseas Highway, Marathon, Florida 33050, Parcel ID
# 00106120 - 000000 acknowledges that the Authority intends to furnish and install an onsite
wastewater nutrient removal system, effluent disposal well, control panel, appurtenant pipe and
electrical apparatus (Facilities) of a type and in a manner approved by the Authority, and meeting
State of Florida 2015 mandated treatment standards, in an owner - selected portion of the above -
referenced property.
Owner agrees to install, own, maintain, repair and replace the sewer lateral from the building
connection to the Facilities and the electrical portion of the system from the building circuit
panel to the system control panel, and the Authority will install, own, maintain, repair and
replace electrical service from the system control panel to the onsite wastewater nutrient removal
system, and the onsite wastewater system itself.
Owner understands and agrees that the Authority will perform inspections, maintenance and
replacement of the Facilities as necessary. Owners, also, understand and agree that the Authority
will provide normal maintenance service on the Facilities at no additional charge to the Owners.
In order to provide the Authority access to the Facilities, the Owners for and in consideration of
the sum of One Dollar ($1.00) and other good and valuable considerations, the receipt of which
is hereby acknowledged, does grant, sell and convey an Easement to the Authority, its successors
and assigns, under the following terms and conditions:
Owner hereby grants to the Authority an easement under, over, across and upon the property
described as Lot I (Pigeon y) Z -76 Block NA , in The Official Records of Monroe County in
Book NA at Page NA.
1. Upon agreement between Owner and the Authority, easement shall be confined to the
Owner- selected location of Facilities, including a work area of five (5) feet, each way, from
the Facilities.
2. The Authority, its successors and assigns, shall have the right to construct, reconstruct, lay,
install, operate, maintain, relocate, repair, replace, improve, remove, and inspect the
Facilities and shall have right of ingress and egress thereto and therefrom over and across the
easement area. The Authority shall notify the Owner prior to gaining access, except in
emergency conditions.
3. Owner shall furnish and maintain the easement area free of any obstruction and shall not
construct, place, or allow the placing or construction of any obstruction which would
interfere with: (a) Authority's safe or proper installation, operation, maintenance, inspection,
or removal of the Facilities located in the easement area. Owner shall have the right to make
any other use of the easement area which does not interfere with the Authority's Facilities.
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4. Any obstruction to the safe or proper operation, maintenance, and inspection of the Facilities
thereto, may be removed by the Authority at Owner's expense. The Authority shall notify
Owner of any such obstruction prior to any action in this regard and allow Owner time to
remove obstruction; except for emergency conditions during which the Authority may
require immediate, unobstructed access to the Facilities.
5. Owner shall bear the cost of any relocation or modification of said Facilities when the change
is necessitated by Owner's requirements.
6. All covenants, stipulations, terms, conditions, and provisions of the agreement shall extend to
and be made binding upon respective successors and assigns of Authority and Owner. It is
intended that this Agreement shall be recorded and be binding upon future owners of the
above described property.
7. The Owner does hereby state that they have sufficient authority and title to grant this
easement.
IN WITNESS WHEREOF, the undersigned has executed this Agreement and Grant of
Easement on this day of , 20 0
WITNESSES:
(Requires two witnesses)
By:
Witness Signature (1)
Printed Name
By:
Witness Signature (2)
Printed Name
STATE OF
COUNTY OF
By:
Signature
Printed Name
The foregoing instrument was acknowledged before me this day of ,
20 by who is /are personally know to me or who
has/have produced as identification.
[NOTARY SEAL]
Notary Public, State of .. __