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Item S1
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17, 2015 Division: Engineering & Public Works Bulk Item: Yes _ No X Department: Wastewater Staff Contact Person/Phone #:Wilson (453-8797)_ AGENDA ITEM WORDING: Discussion and direction on the effect on solar powered homes of the expansion onto No Name Key of the Cudjoe Regional Wastewater system. ITEM BACKGROUND: In recent months the FKAA recommended and BOCC approved expansion of the Cudjoe regional central collection system to several areas including Big/Middle Torch, No Name Key, and some added areas of BPK based on overall cost per EDU of less than $30k. FKAA has been researching the costs to individual properties on No Name Key on which commercial power is not available and will be reporting on its findings and recommendations. PREVIOUS RELEVANT BOCC ACTION: In June 2015, the FKAA recommended and BOCC approved funding for expansion of the Cudjoe system to 134 additional properties on Big/Middle Torch, No Name Key, and unserved areas on BPK. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: TBD TOTAL COST: N/A INDIRECT COST: Staff Time BUDGETED: Yes No X DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County AttyC' OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # MONROE COUNTY MmoRANDUM U_r 111111111111111061010 W 1111, 1074 MIII TO: BOCC } FROM: Kevin G. Wilsona. SUBJECT: No Name Key Sewers and Solar Powered Homes This memo provides facts and analysis to address the question of whether the decision to include No Name Key in the central sewer system should be reconsidered. The central question is whether those homes without grid power will require a unacceptable additional expense to support a low pressure grinder pump and whether there are options to minimize that cost. The attachments to this memo provide the detailed background. Recommendations: 1. Continue with the plan to include No Name Key in the central sewer system using low pressure grinder technology. 2. Implement revisions to the grinder station to reduce the number of times per day that the pump operates (adjust level switches). 3. Require the property to provide power supply to the grinder pump. Conclusion: The cost to accommodate a grinder in the No Name Key properties for those homes with marginal solar power systems will be between $5,000 - $7,000/ non -grid tied home. This is $3,000-$5,000 more than a similar grinder equipped, grid tied home elsewhere in the Cudjoe Regional system. For at least half of the off grid homes there will be no additional investment required. In most cases the costs of complying with the BAT requirement for the non -grid tied homes will be greater for an on -site system should the BOCC decide to reverse the decision to include No Name Key in the central system. Background: There are 43 homes on No Name Key within the service area approved by the BOCC in July 2015. Among these are 25 which are connected to commercial power. One is an incomplete home and 17 are not connected to the grid. Of the 17 non -grid connected homes, we have confirmed that at least 7 require no improvement to run a grinder pump. Of the remainder, all have backup generation in some form. Some of those rely primarily on their generators and others use generators as needed to provide added recharge of their batteries. That said, a number of options were considered. They are: 1. Can the solar powered homes support a grinder with a reasonable investment comparable to those grid connected homes with grinder pumps? A sample home with a solar system identified as representative of those marginal systems (3-4 of the 17 non -grid connected homes) was used for estimating purposes. a. The following are the costs required to ensure a solar powered system can deal with the startup current requirements: i. The cost to provide and upgrade an inverter system to supply sufficient electrical current to support a grinder is estimated to be $7,200. ii. The cost to provide a dedicated generator fueled by the property's LP gas to supply only the grinder as needed is $5,000. iii. The range of costs for grid powered homes to supply the electric connection to the grinder disconnect is $1,000-$3,000 if the property's main disconnect doesn't require an upgrade. iv. The conclusion is that there are several options available for all non -grid homes with costs ranging $5,000 - $12,000/property. v. A standalone solar installation dedicated to the grinder station will cost $10-$12,000 and includes collection and storage of the required power. b. The following are costs that may be required to collect and store the power required to supply the property's wastewater treatment inthose homes without sufficient collection / storage capacity: i. The grinder station runs a total of approximately 11 minutes/day based on typical water usage. Typical weekly power required for a grinder is 0.3 kWhrs. This is a minimal usage on all systems ii. For contrast, a typical on -site system will consume 37.6 kWhrs per week. The estimated cost to add sufficient collection and storage to support this is $8,300. 2. Are there other options to provide the service without requiring the non -grid homes to incur costs? a. The cost to use a gravity collection system is estimated at $2.74 million ($63,608/household) b. Can commercial power be provided directly to the individual grinders? KES was approached at their 9 September 2015 meeting and their Board voted 5-0 not to provide this service to individual homes. Additionally, this option was not feasible in other parts of the system. 2 3. Are there modifications that minimize potential impacts to non -grid homes? a. The float switches can be adjusted at nominal cost to minimize the number of times/day that the pump activates and risks overloading the inverter with the startup surge. b. A timer can be added to the grinder to ensure that the pumps activate at off hours thus minimizing the risk of concurrent startup loads. c. A manual override switch can be used either independently or in conjunction with a dedicated generator to ensure the load is applied at a time when there are not other competing loads or on a schedule suitable to the resident(s) There are a number of ways to minimize the impact on non -grid tied homes. In some cases the cost to provide power to the grinder and its impact on the property is a small premium over the costs incurred by grinder pump properties elsewhere in the Cudjoe system. A number of property owners have opted for a green lifestyle which includes solar power and have installed systems that will operate the grinder pump without adverse impact on their property. Others have systems that will require some upgrades. In these latter cases, a number of options are available at a cost that is a modest premium over similar grid connected properties. These are individual decisions. A reversal of the decision to include No Name Key in the central sewer system would impose substantially higher costs on all of the residents and risk not achieving the objectives of 99-395 LOF. In summation, the inclusion of No Name Key may impose some added costs on some of the properties on the island. These costs are modest and are, at least partially, a result of a lifestyle decision made by the property owners themselves. Report by FKAA Design Contractor No Name Key Electrical Opinion of Costs Florida Keys Aqueduct Authority Doctors Asrrrr�, Ate$ d rr pleal Bay 'i��Av 1� ZI-44 -A a, f A„ cw ical Park Prepared 6y: -.--. MATHEWS CONSULTING L tN. %cctrica[ es n- Dissociates A. Scope of Work................................................................................................................................... 3 B. History of No Name Key.................................................................................................................... 3 C. Low Pressure Sewer System — Sentry Panel....................................................................................... 4 Description.................................................................................................................................... 4 PumpOperation............................................................................................................................ 4 PumpType..................................................................................................................................... 4 MotorSelection............................................................................................................................. 4 RequiredPower............................................................................................................................. 4 PowerConsumption....................................................................................................................... 6 D. On -Site System.................................................................................................................................. 7 Description.................................................................................................................................... 7 MotorLoads.................................................................................................................................. 7 Controls......................................................................................................................................... 7 RequiredPower............................................................................................................................. 8 PowerConsumption....................................................................................................................... 8 E. 1909 Bahia Shores Road.................................................................................................................... 9 F. 1909 Bahia Shores Road — Opinion of Costs Option No.1— E-One Lift Station....................................10 G. 1909 Bahia Shores Road — Opinion of Costs Option No.2 — On -Site System........................................10 Appendices Appendix A - Electric Extension Agreement Line Extension #746.................................................................12 Appendix B - Photovoltaic Systems (Solar)..................................................................................................48 Appendix C - Keys Energy Distribution System............................................................................................52 Appendix D - Keys Energy Service Vs Photovoltaic Service Identification Home Energy, LLC.........................54 Appendix E — Quote from Home Energy, LLC...............................................................................................56 Page 2 A. Scope of Work The Florida Aqueduct Authority (FKAA) has contracted with Mathews Consulting, Inc. (MC) to perform a cost evaluation associated with the upgrade of the Photovoltaic System that would be representative of the properties with the least favorable system supporting a residential property within No Name Key. This effort is not intended to be an evaluation of the existing photovoltaic system, its condition or capacity. Electrical Design Associates, Inc. (EDA), through a Subconsultant's agreement with MC, is presently contracted to perform the above referenced cost evaluation. The scope of EDA's work is summarized as follows: Review of the electrical requirements of the E-One Lift Station. 2. Review of the electrical requirements for an On -Site system. 3. Review of the Photovoltaic System located at 1909 Bahia Shores Road. 4. Investigate and prepare opinion of costs associated with upgrades needed to support the E-One Lift Station and/or On - Site system. B. History of No Name Key No Name Key is an island located in the lower Florida Keys, 3 miles from US 1 and is sparsely populated with only forty four (44) homes. It is a fairly small island in comparison to its neighbor, Big Pine Key, which lies about a half mile to its west. It is accessible by a concrete bridge that connects the small island with Big Pine Key and was the terminus of a car ferry that existed before the present Overseas Highway was built on the remains of Flagler's Overseas Railroad. No Name Key was known for not being connected to the commercial power grid as a local county ordinance prohibited it. Residents mostly used a combination of solar energy and diesel or gas generators. See appendix B for a general description of a photovoltaic system. This prohibition of commercial electricity sparked a lawsuit between the No Name Key Property Owners and the County of Monroe. In May 2013 the Florida Public Service Commission exercised their jurisdiction over public utilities and issued Order PSC-13-0207-PAA-EM declaring the residents had a right to receive commercial electrical power, see appendix A. On May 29, 2013 the residents began connecting to the commercial electric grid. Of the forty four (44) homes, one (1) is outside of the service area, twenty-six (26) homes are connected to Keys Energy Service (KES) Grid Power and seventeen (17) homes remain on Solar and/or Generator Power. Page 3 C. Low Pressure Sewer System — Sentry Panel Description Grinder pumps of approved design accomplish all pumping and sewage -grinding processes for small -diameter LPS systems. The system consists of conventional drain, waste and vent (DWV) piping within the residence connected to the grinder pump inlet. Pump Operation The grinder pump station provides adequate holding capacity, reliable grinding and pressure transport of a fine slurry to a gravity sewer. The grinder pump will discharge this slurry at a maximum rate of 15 gpm or 11 gpm at a pressure of 40 psig. The grinder pump is actuated when the depth of the sewage in the tank reaches a predetermined "turn -on" level, and pumping continues until the "turn off' level is reached. The unit is protected against backflow from discharge lines by an integral check valve. Pump Type The semi -positive displacement pump in the grinder pump station has a nearly vertical H- Q curve. Motor Selection Typical Outdoor Installation Control Panel A grinder pump station is an electromechanical system that depends on electric power for its operating, control and alarm functions. The design of the pump, motor, grinder and level —sensing controls are accomplished by optimizing the wastewater transport function of the unit within the necessary constraints for unattended, trouble —free operation in a residential environment. A single grinder pump core is common to all models of Environment One grinder pumps. This central core contains all of the working and control elements of the unit and is powered by a 1 HP, 120v, 1,725 rpm capacitor start, thermally protected induction motor. Peak Starting Amps are at 37 for less than a second, with normal pump run time Amps at 12. Required Power As per the manufacturer the calculated power required are as follows: Assumptions: • Wastewater total daily flow per day = 100 gal • Tank volume per pump cycle = 9.7 gal • operating point 1 = 92' TDH (40 psi) • operating point 2 = 185' TDH (80 psi) Page 4 Power to start the pump = .47 watts / start (or cycle) • from E/One motor manufacturer 6,700 watts per hr based on locked rotor amp draw • 6,700 watts / hr = 1.86 watts / sec • time for motor to start and start winding to drop out is'/4 sec max • 1.86 watts / sec *'/4 sec = .47 watts per pump cycle (pump start) • WH171 tank pump cycle = 9.7 gal / cycle (34.6 gal — 24.9 gal) • 100 gal / day = 100 / 9.7 = 10 cycles per day • .47 watts / pump cycle * 10 cycles per day = 4.7 watts per day or per 100 gallons pumped Power to run the pump at operating point 1 (92') and operating point 2 (185') • chart below is generated from wattage values measured on E/One's production test stand; watts used to pump 100 gallons ➢ operating point 1 (92') (40 psi) = 120 watts / 100 gal ➢ operating point 2 (185') (80 psi) = 235 watts / 100 gal �Avlatts Used per 1.00 Ga lons 2,V I Total power to start & then run the pump at each operating point • @ 92': total power = power to start + power to pump 100 gallons • = 4.7 watts + 120 watts • = 125 watts • @ 185': total power = power to start + power to pump 100 gallons • = 4.7 watts + 235 watts • = 240 watts Page 5 Power Consumption Assumptions: • discharge at 12.2 gpm at 40 psi • discharge at 9.2 gpm at 80 psi • Wastewater total daily flow per day = 100 gal • Tank volume per pump cycle = 9.7 gal • operating point 1 = 92' TDH (40 psi) • operating point 2 = 185' TDH (80 psi) • Pump Run = 11 minutes • operating point 1 (92') (40 psi) = 120 watts / 100 gal • operating point 2 (185') (80 psi) = 235 watts / 100 gal Power Consumption based on worst case or 80 psi: (0.235 KW) x (11 minutes/day) x (1 hr/60 minutes) = 0.043 KWH/day 0.043 KWH/day x 365 day/year = 15.70 KWH/year Assuming that there is a requirement to maintain 7 days of storage due to weather conditions, the homeowners system must be capable of storing 0.3 KWH to support the Low Pressure Station. This would be in addition to the requirements of the home. Page 6 D. On -Site System Description The On -site System or Fixed Activated Sludge Treatment system allows for nitrogen reduction and high -quality effluent required for discharge and consists of low operation and maintenance. The system is a fixed - film, aeration system that uses a combination of attached and suspended growth that nitrifies and denitrifies all in a single tank. Organisms in the aerated media chamber digest the impurities; turning the wastewater into clear, odorless, high -quality effluent. The microbes remain inside the system, regardless of hydraulic flows. The systems are in pre -cast concrete tanks and required little maintenance of the above ground aerating blowers. GENERALLAYOUT In speaking with Wastewater Technologies, Inc., several of the On -Site Systems have been installed and/or have been permitted for installation in the Keys. Examples include: • Shew - System permitted and installed on No Name Key in 2004. This system includes a 1/4HP blower, no pumps. • 4220 Dorn Rd - system permitted in 2015 (not installed yet) under special agreement between FKAA/EPA. This system consists of a 1/3HP blower, no pumps. Special approval for specific sites to utilize the injection well which would not otherwise been allowed on this site. • 79775 Overseas Hwy - system permitted in 2015 (not installed yet). This installation includes a Low pressure dosed drainfield dispersal for best cost- effectiveness where area permits. There is a 1/3HP blower and a 1/2HP pump, which dosed the pressurized onsite drainfield. Motor Loads The system consists of a factional HP, 9-24 cfm blower with an ampacity of approximately 1.2 to 1.7 amps. In some applications there may also be a 1/2 HP pump. Controls The control panel provides power to the motor loads and contains an alarm system consisting of a visual and audible alarm capable of signaling blower circuit failure and Page 7 high water conditions. The control panel is equipped with a timed control feature. A manual alarm silence button is included. Required Power As per the data received the calculated power required are as follows: Assumptions: • Wastewater total daily flow per day = 100 gal • 1/3 HP Blower = 223.8 Watts • Full load amps = 1.3 amps • Locked rotor draw = 7.8 amps or 1,343 Watts Power to start the blower = .47 watts / start • 1,343 watts / hour = .37 watts / sec • time for motor to start and start winding to drop out is'/4 sec max • .37 watts / sec *'/4 sec = .09 watts per blower start • .09 watts / pump cycle * 1 cycles per day = .09 watts per day Power to run the blower = 223.8 Watts Total power to start & then run the blower • total power = power to start + power to run • _ .09 watts + 223.8 watts • = 223.89 watts Power Consumption Assumptions: • Blower Run = 24 hours • Power = 223.8 Watts (0.2238 KW) x (1440 minutes/day) x (1hr/60 minutes) = 5.37 KWH/day 5.375 KWH/day x 365 day/year = 1,960 KWH/year Assuming that there is a requirement to maintain 7 days of storage due to weather conditions, the homeowners system must be capable of storing 37.63 KWH to support the Low Pressure Station. This would be in addition to the requirements of the home. A standby generator can also serve to support the system during cloudy weather instead of increasing the storage capability of the PV system. Page 8 E. 1909 Bahia Shores Road Deemed as the property (service) less likely to support the installation of the E-One Lift Station the following information has been provided. • Property has 2800 Watts of Power Capacity • 13 Various Size Solar Panels • 12 Batteries for DC Power Storage • Trace Inverter with capacity for Peak 40 AMPs • Pictures Page 9 F. 1909 Bahia Shores Road — Opinion of Costs Option No.1 — E-One Lift Station Based on the information provided and tests performed by others, it is our understanding that the limitations on the existing system are due to the inrush when the pump is first energized. In order to compensate for the inrush, the suppliers have indicated that the inverter should be upgraded. As per the quote provided by Home Energy, LLC, The anticipated cost would be approximately $5,300.00 for the device. The list price is approximately $6,500.00. The power consumption for this option is minimal and should not impact the system. This quote is based on a pre -wired dual inverter system. It includes two inverter/chargers, AC and DC wiring boxes, and Surge Protector with optional kits for charge controllers and DC system monitoring and maintains a small system footprint. The system is also equipped with battery and PV array breakers, an Input -Output -Bypass Assembly, mounting locations for AC GFCI Type B style outlets and additional AC breakers. The quote from Home Energy represents an option that the homeowner may want to investigate further. See Appendix E. • �. -• . - - • so .- Pre -wire Dual Inverter System with tax (7.5%): $ 5,700.00 Demolition of existing equipment: $ 250.00 Inverter Installation $ 350.00 Conduit, Wire and Fittings $ 750.00 Misc. $ 150.00 Total: $ 7,200.00 Recent code changes may require the addition of a rapid disconnect switch be installed ahead of the system. This opinion of electrical costs is based in information received from local and national suppliers, internet research, RS Means and does not include any additional upgrades associated with the Solar panels, batteries or conduit and wire other than that affected by the replacement of the inverter and the conduit and wire to the FKAA disconnect switch. This opinion of cost does not include permitting fees. G. 1909 Bahia Shores Road — Opinion of Costs Option No.2 — On -Site System Based on the information provided and discussions with Wastewater Technologies, Inc. for this application should not impact the existing inverters as the system blower would operate continuously. Assuming the existing system has the capacity to support the load, improvements would be limited to the addition of a circuit breaker in order to serve the On -Site System Control Panel. The power consumption for this option would be approximately 10% of the available capacity. This option may require an increase in system storage capacity. Page 10 Increase in storage capacity $ 4,000.00 PV Panels $ 2,500.00 Cabling $ 750.00 Circuit Breaker $ 150.00 Conduit, Wire and Fittings $ 750.00 Misc. $ 150.00 Total: $ 8,300.00 This opinion of electrical costs is based in information received from local and national suppliers, internet research, IRS Means and includes upgrades associated with the Solar panels, batteries or conduit and wire, the addition of a circuit breaker in the homeowner's panelboard and the conduit and wire to thc FKAA disconnect switch. This cost does not include shipping charges or permitting Page 11 Appendix A - Electric Extension Agreement Line Extension #746 Page 12 ELECTRIC EXTENSION AGREEMENT LINE EXTENSION * 746 THIS ELECTRIC EXTENSION AGREEMENT (the "Agreement'j, made this 7th day of March 2012, by and between NO WK—Ka BMW OWN165 T ON C. with an address of 22731 Tort= Lilng No Name KM A Eio 3 043 (see Exhibit "A" for Corporate Documents) hereinafter called "NNKPOA," and the LMM -OM QE IN fm - W= - with an address of 1001 James Street Key West, Florida 33040, organized and existing under the laws of the State of Florida, hereinafter called " " WHEREAS, the NKffM has applied to the IgM for electric service of the character commonly known as single-phase, starting at Lq,1"-36-65 on Watson and Mo�i� - WHEREAS, said location requires an extension of ff= present distribution system from the last point of electrical service on the west side of the bridge from the Big Pine Key side extending with conduits attached to bridge and approximately fil Ogle; and WHEREAS, KM would not be justified in making said extension prior to the receipt of payment in full for the line extension estimated cost at the rate of $648.752.55 for said Line Extension. NOW, THEREFORE, WITNESSETH, that for and In consideration of the mutual covenants an agreement hereafter set forth for the parties hereto covenant and agree as follows: ARTICLE I. The obligations of NNKPOA to fund and replenish the escrow account described herein and to pay for catastrophic damage to the electric facilities constructed pursuant to this Agreement will continue in perpetuity or until such obligations are waived in writing by KEYS. ARTICLE II. Upon execution of this Agreement by shall advance to _ - - $459,217.00_ representing the known outstanding balance for current estimated construction cost of the requested line extension, S19F0.00 for specialized training (Artide XIV and 650.000,00 for escrow account (Article XVI). See Exhibit "B" for the full breakdown of expenses paid and estimated to be paid. Upon completion, if actual costs associated with the construction of the requested line extension are less than the estimated construction cost, KEYS will return the difference to NNKPOA. NNKPOA will be responsible for the total cost of construction as described in Article IV and elsewhere In this Agreement, and NNKPOA acknowledges 2 that the total costof construction may exceed the estimate of $jj%257&Q. In this Agreement _ is obligated to pay for various matters, and such obligation Includes the requirement to pay for the total costs of the matters described however Incurred, including without limitation, the obligation to reimburse fKEYS for sums due to third party contractors or the costs of providing the goods or services by KEYS through Its employees. ARTICLE III. Al costs incurred by _ shall be documented and presented quarterly to NNKPOA upon request. ARTICLE IV NNKM shall be responsible for any and all expenses associated with this line extension from start to finish which includes but Is not limited to the cost of litigation, permitting, construction overruns, construction delays, and contractor remobilization resulting from delays. From time to time, ISM shall have the right to require advances from NNKPOA above the initial advance set out in Article I. If NNKPOA fails to make the payments as required by , construction on the project may be halted and KEYS may elect to terminate this Agreement. In addition to its other duties or obligations stated In this Agreement, NNKMA agrees to engage, pay for and coordinate an "on -site" biologist, with appropriate credentials, during Initial construction of the electrical facilities in accordance with the Fish and Wildlife Services (FWS) requirements as stated In the "Stock Island Tree Snail and Garber's Spurge Impact Avoidance Procedures Plan". NNKPOA or Its consultants will perform all work associated with this plan. Any associated project delays in construction or additional work will be paid by NNKPOA. ARTICLE V. IMMKM shall be responsible for all costs incurred in the event the Contract -is cancelled or the project Is stopped. MMKM will be responsible for any material purchased for the project. If such material can be used for another project (at KEYS sole determination), KEYS will charge a 20% material restocking fee. If bridge conduit system is in place, and contract stopped prior to project completion, NNKPOA, is responsible for all costs incurred by KEYS or by any KEYS contractor or "subcontractor" including costs of deconstruction, removal, mitigation, disposal and any repairs to return the bridge or the rights -of -way to their preconstruction condition. ARTICLE VI. The construction contemplated by this Agreement is limited to the single-phase, primary electrical facilities in the location as depicted on Line Extension drawing D-4157 attached as Exhibit "C." This Agreement does not include funds for any construction on private property to provide service to a home nor does it include costs that may be needed for construction of customer "Tap Poles" that may be needed to provide service to homes more than approximately ZA feet from the proposed primary lines. Any such construction costs to extend service from the primary electrical facilities to a home or property will be at the property owner's expense. Upon completion of construction and energizing the single phase distribution line shown on Extension drawing R-,!&157 attached as Exhibit "C", KEYS will have no further obligations under this Agreement. Initials KEYS: `_ Customer: �.//.i 3 ARTICLE VII. KEYS and the NNKPOA agree that the Line Extension drawing D_4157 attached as Exhibit 'OV Is a single phase distribution facility designed to provide electrical service to the existing IQ homes and lots. (Identified under Exhibit "70) The attached line extension drawing # D:4157 attached as Exhibit "C", Is part of this contract and made part hereof. Previously executed Line Extension *754 for two poles will become a part of this line extension as Exhibit "D". ARTICLE VIII. There currently exists 11 residential homes and lots on No Name Key of which 2& are connecting to the electrical facilities as part of this Agreement. . Before the construction of the project Is complete, the NNKPOA will provide KEYS with a list of NNKPOA members who are In compliance with their financial obligation to the NNKPOA in paying their full prorated financial share. This list will become Exhibit "I". If at a future date, any of the remaining I$ homeowners, not currently listed on Exhlblit'alff, elect to connect to the electrical facilities, they must meet all of KEYS policies. In addition, any of those remaining I& homeowners will be responsible for paying in advance an amount outlined in Exhibit "E" representing their fair share of the total final cost associated with the line extension design and this line extension. Also, those remaining I$ homeowners may have additional costs associated with their specific line extension. RM shall reimburse the NNKPOA 85% of the amount outlined In Exhibit "D" and paid by the new customer. If electric service is requested to a parcel on No Name Key not Included in the &. parcels described above, then IgM may deal with such additional parcel or customer in accordance with its then existing policies. ARTICLE IX. The provisions of Article VIII of this Agreement shall terminate ten years from the date this Agreement Is signed. The provisions of Article VIII do not extend to any lots that are not identified as the existing a residential homes and lots. TITLE AND OWNERSHIP ARTICLE X. Title to, and complete ownership and control over all the electrical facilities or associated items constructed pursuant to this Agreement, shall at all times remain In KEYS" and KE SY shall have the right to use the same for the purpose of service to other customers. EASEMENTS AND PERMITTING ARTICLE XI. NNKPOA will secure, grant, or cause to be granted to KEYS, and without cost to KEYS" all rights, permits and privileges necessary for the construction described herein and the rendering of service hereunder. K= shall work collaboratively with NNKEILA to obtain all necessary consents, permitting, easements and licenses necessary to accomplish this line extension but all costs shall be the sole and exclusive obligation of the INfIgM All permits, permissions and easements shall be obtained and provided to K= prior to commencement of construction. All Initials KEYS: �Customer:2649 4 construction will be performed by KEYS or through contractors retained by KM and the entire project must be designed to KE ,YS requirements. MAINTENANCE ARTICLE XII. It is expressly understood and agreed that the amount paid by NNKPOA to KEYS" for the cost of the lines to be built hereunder includes cost of trimming trees or other obstructions from the right-of-way, and to trim all trees adjacent thereto In order that the lines to be built under may be safely and properly constructed. KEYS shall clear and trim all trees as necessary to begin the extension at the sole cost of NNKPOA. All initial tree trimming on private property prior to Installation of service drops shall be performed/cut by the private property owner. After the extension Is complete, maintenance of said trees shall be performed by KEY, in accordance with its normal operating procedures at no additional cost to AMEN. ARTICLE )(III. NNKPOA also agrees to pay for required, necessary or appropriate training for (KEYS' staff so that members of MYS staff may become certified In accordance with the "Stock Island Tree Snail and Garber's Spurge Impact Avoidance Procedures Plan" (see Exhibit pF"). This training and certification shall be done prior to energizing the new electrical high voltage facilities. ARTICLE XIV. NNKPOA agrees to pay KM a one time fee to cover the development of a "training program" in accordance with the "Stock Island Tree Snail and Garber's Spurge Impact Avoidance Procedures Plan". Additionally, NNSM agrees that during construction, NNKPOA shall pay and supply the required biologist as required in "Stock Island Tree Snail and Garber's Spurge Impact Avoidance Procedures Plan". This person shall be responsible for compliance in accordance with said Plan. WITH WORK ARTICLE XV. Upon compliance with and completion of all predicate provisions herein, K "Y will proceed with construction of the extension outlined herein and as covered by sketch and specifications hereto attached and made a part hereof. It is agreed that construction of said line extension shall require an indeterminable period of time. COASTAL BARRIER RESOURCES ACT (CBRA) - ESCROW - LIEN ARTICLE M. NNKPOA and the owners of property to be served by the line extention acknowledge that KEYS shall have no obligation to make any reconstruction or repairs. NNKPOA and the owners of property to be served by the line extension Initials KEYS:4Lt--Customer: -AAt3 5 further agree and recognize that sections of No Name Key are within a Coastal Barrier Resources Act (CBRA) (see Exhibit "G' ), and that certain electrical facilities may not be eligible for FEMA reconstruction funding after a Natural Disaster. IMIJIS and the owners of property to be served by the line extention acknowledge and agree that shall have no obligation to pay any sum for repairs or reconstruction that are typically covered by FEMA for non CBRA areas and MINKMA or the owners of property served by the line extension shall be required to pay the cost for reconstruction and repairs that KEYS would otherwise have been reimbursed by FEMA. To minimize the possibility of delay in repair or reconstruction pending advanced payment to KEYS NNKPOA shall establish an Escrow account to pay for such cost. This escrow account shall be in ' name and KEYS shall have total control. KOM will use the funds in escrow solely for the for purposes consistent with this Agreement. This escrow account shall have an initial deposit of 652,02,QQ and fjhjK 1 shall pay this J5 gM, to _KIY.1 prior to commencement of any construction of the line extension. Interest earned, at the rate paid to KEYS by its depository Institutions for short term deposit accounts, will remain in the account. In the event KEYS uses all or part of the escrow funds for repair or reconstruction of the facilities, the NNKPOA shall replenish the account within six (6) months, for the exact amount that was used. Failure to replenish the escrow account to SMgM.00 Is a default In this Agreement entitling KEYS to suspend electric service along the line extension and to other rights as set forth herein. In the event of a catastrophic damage to the No Name Key facilities constructed pursuant to this Agreement (catastrophic damage for purposes of this Agreement is deemed to be damage resulting in repair costs in an amount exceeding the amount of the escrow deposit held by KM at the time of the damage), MM has no obligation to make repairs until NNKPOA or the owners of property served by the line extension have paid to KEYS 100% of the funds 'estimated to be needed to pay for KEYS' costs that are typically covered by FEMA for non CBRA areas cost to make repairs to MM KEYS shall have no obligation to restore service or make repairs until It receives or is assured to its satisfaction that all sums needed to restore service or complete the repairs will be paid for by FEMA or by NNKPOA so that it Incurs no loss or cost associated with such repairs. This shall be in advance of any restoration work in CBRA areas. Notwithstanding the foregoing, NNKPOA and the in the owners of property served by the line extension at the time of the damage hereby authorize Ion to make repairs or to reconstruct the facilities built pursuant to this Agreement in the event of any damage regardless of whether sufficient finds are held in the Escrow account described herein. The costs of such repair in excess of any sums held in the Escrow account shall be a personal obligation of NNKPOA and of the property owners whose property was served by the line extension at the time of the damage (but such personal responsibility of the property owners is limited to their prorata share of the costs based on the number of properties served by the line extension). Al of the costs of repair or Initials KEYOtCustomer:A-6�0 2 reconstruction, together with Interest and all costs and expenses of collection, Including reasonable attorneys' fees, are a continuing charge on the land of all such property owners, and KEYS shall have a right to a lien against all such property for the payment of such funds. This Agreement constitutes constructive notice to all subsequent purchasers and/or creditors of the existence of KEYS' lien rights. KEYS from time to time may record a Notice of Lien or In the public records for the purpose of evidencing the lien established by this Article and the priority of the Notice of Lien shall be based on the time and date of recording the Notice of Lien in the public records. Any sum reflected in any Notice of Lien not paid within 30 days after its due date bears Interest at the highest per annum rate of interest allowed by law. KEYS may bring an action at law against the property owner(s) personally obligated to pay such assessment and/or or foreclose Its lien against such owner's properly subject to the Notice of Lien. The lien for sums claimed pursuant to this Article may be enforced by judicial foreclosure In the same manner in which mortgages on real property from time to time may be foreclosed In the State of Florida. In any such foreclosure, the property owner Is required to pay all costs and expenses of foreclosure, including reasonable attorneys' fees. All such costs and expenses are secured by the lien foreclosed. Each property owner is deemed to acknowledge conclusively and consent that all sums due to IgM pursuant to this Article are for the Improvement and maintenance of any homestead thereon and that Kamlien has priority over any such homestead. ARTICLE XVII. NXM& agrees and acknowledges that each customer that applies for electrical service to a home or parcel on No Name Key shall execute a separate document entitled NOTICE AND AGREEMENT REGARDING PROVISION OF ELECTRIC SERVICE TO NO NAME KEY (the "Notice') (see Exhibit "IH") that acknowledges they understand and accept this Agreement. Prior to providing electric service to a parcel, all persons or entities having an ownership Interest in the parcel and all spouses of such persons shall execute the Notice before two (2) witnesses. The Notice shall be notarized and recorded in the public records of Monroe County, Florida at the Monroe County Court House 500 Whitehead Street Key West, Florida at the property owner's expense. The property owner shall deliver the original executed notice to KEYS • and receipt by FM of the original recorded Notice Is a condition to the provision of electric service to a parcel or home on No Name Key. DEFAULT ARTICLE XVIII. If (a) NNKPOA fails to perform any of its obligations as described in this Agreement; or (b) a receiver is appointed for NNKM or (c) there Is falsity In any material respect of, or any material omission in, any representation or statement made to KEYS by or on behalf of NNNKPOA In connection with this Initials KEYS:t—Eustomer: A�40 7 Agreement; or (d) NNKPOA is dissolved then NNKPOA shall be in default of this Agreement within twenty days after notice of the default is provided to NNKPOA, and KM will be entitled to all rememdies at law or In equity to enforce this Agreement. In addition, If NNKPOA falls to pay any sums due pursuant to this Agreement, KM may elect to terminate or suspend construction activities and may elect to terminate or suspend electric service along the line extension contemplated by this Agreement. If UINKMfi asserts that KM has failed to perform any of Its obligations set forth in this Agreement obligations, NNKPOA shall give KEYS written notice specifying the obligation(s) KEYS has failed to perform and providing ffM with thirty (30) days to cure the asserted default. Provided, however, that if the nature of the specified obligation(s) Is such that more than thirty (30) days are required for performance, then KM shall not be In default if KEYS commences performance within such 30-day period and thereafter prosecutes the same to completion. GENERAL TERMS ARTICLE DOC. This Agreement supersedes all previous agreements, or representatives, either written or verbal, between KEIM and NNKPOA, made with respect to the matters herein contained. This Agreement, the Notice and the exhibits attached hereto contain the entire agreement between the parties. There are no promises, agreements, conditions, undertaking, warranties or representations, oral or written, express or implied between the parties other than as herein set forth. No amendment or modification of this Agreement shall be valid unless the same is In writing and signed by the parties hereto. No waiver of any of the provisions of this Agreement or any other agreement referred to herein shall be valid unless in writing and signed by the party against whom enforcement is sought and any such written waiver shall only be applicable to the specific instance to which it related and shall not be deemed to be a continuing or future waiver. This Agreement shall Inure to the benefit of and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. In the event that any party to this Agreement shall be delayed, hindered or prevented from performance of any act required by this Agreement, except with respect to the obligations to pay any fees, expenses or other amounts required by this Agreement, by reason of strikes, labor troubles, Inability to procure materials or services necessary for such performance, restrictive governmental laws or regulations, riots, Insurrection, war, terrorism, Act of God, or any other reason beyond the reasonable control of such party, then performance of such act shall be excused for the period of the delay, and the period of the performance of any such act shall be extended for the period equivalent to the period of such delay. Whenever any notice, demand, consent, delivery or request is required or permitted hereunder, it shall be in writing and shall be deemed to have been properly Initials KEYS:lq Customer: L/VO 0 given or served (a) when delivered In fact to the other party, or (b) three (3) business days after having been deposited in the United States mail, with adequate postage prepaid and sent by registered or certified mail with return receipt requested, or (c) when delivered to Federal Express or other comparable overnight courier which obtains a receipt to confirm delivery, to the addresses set forth above or at such other addresses as are specified by written notice so given In accordance herewith. Any notice to KEYS shall be sent to KM to the attention of the General Manager/CEO with a required copy to the Director of Engineering. Any captions and headings contained In this Agreement are for convenience and reference only and In no way define, describe, extend or Omit the scope or Intent of this Agreement nor the intent of any provision hereof. This Agreement shall be construed and interpreted according to the laws of the State of Florida. Whenever used herein, the singular number includes the plural, the plural Includes the singular, and the use of any gender includes all genders. This Agreement shall not be construed more strongly against of for either party and the rule of construction against the drafter shall not be followed or applicable to this Agreement. Any provision of this Agreement that is legally unenforceable shall be ineffective to the extent of such unenforoeability without invalidating the remaining provisions hereof. All exhibits referred to within and attached to this Agreement are by this reference incorporated within this Agreement and are considered a part of this Agreement. This Agreement Is not a third party beneficiary contract and shall not In any respect whatsoever create any rights on behalf of any third parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. The parties agree that from time to time and following a request therefor by a party, each shall promptly execute and deliver to the other parties such further documents and instruments reasonably necessary to confirm and/or effectuate the obligations of each party hereunder and the consummation of the transactions contemplated hereby. Time Is of the essence in connection with this Agreement and each provision hereof. Unless this Agreement expressly or necessarily requires otherwise, any time period measured In "days" means consecutive calendar days, except that the expiration of any time period measured In days that expires on a Saturday, Sunday or legal holiday automatically will be extended to the next day so that it is not a Saturday, Sunday or legal holiday. EACH PARTY HEREBY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, OR RELATED TO, THE SUBJECT MATTER OF THIS AGREEMENT. THIS WAIVER IS KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY MADE BY EACH PARTY AND EACH PARTY EXPRESSLY ACKNOWLEDGES THAT NEITHER THE OTHER PARTY NOR ANY PERSON ACTING ON BEHALF OF THE OTHER PARTY HAS MADE ANY REPRESENTATIONS OF FACT TO INCLUDE THIS WAIVER OF TRIAL BY Initials KEYSCustomer: �N%3 V JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. EACH PARTY ACKNOWLEDGES TO THE OTHER THAT IT HAS READ AND UNDERSTANDS THE MEANING AND EFFECT OF THIS WAIVER PROVISION. HUMA REPRESENTS AND WARRANTS TO KEYS THAT IT HAS CONSULTED LEGAL COUNSEL WITH REGARD TO THIS AGREEMENT OR THAT IT HAS HAD AMPLE OPPORTUNITY TO OBTAIN LEGAL COUNSEL AND HAS ELECTED NOT TO DO SO. Each person signing this Agreement represents and warrants that he or she has full power and authority to enter Into and execute this Agreement and that upon execution and delivery, this Agreement will be binding on and enforceable against the party for whom that persons signs. Initials KEYS t Customer: AA6 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement In duplicate the day and year first above written. NNKPOA II ONAIM ✓ ����I for Account # ER# WO# No Name Key Property Owners Association, Inc. Kathryn M. Brown, As president UTILITY BOARD CM OF KEY WEST "Keys Energy Services" Lou Hernandez, Utility Board Chairman Initials KEYOL Customer: No Name Key Property Owner's Association Lynne, NNKPOA, Inc. is ready to execute the KEYS Energy LE Contract and go before the KEYS Utility Board on January 12th. We will have the final LE Contract signed and to you by or before January 4th, 2011. Thank you, Kathy Brown, President NNKPOA, Inc. Mission statement: The No Nan►e Kev Propert v Owners Association supports basic infrastrucnn a improvements including a central sewer connection and its electrical power needs jor residents o%No Nan►e Kev in Monroe County, Florida. The Association does = advocate development of the island and has, as its principal goal, the long term, multi generational, and protection of the islands unique character that is achieved by its limited density and abundance of natures The Association is a strong advocate of a central sewer system to protect our inshore and near -shore waters front poNution. The Association, while an advocate o%gdd-fie solar net metering and ti►e environmental benefits it offers die World, feels that no one should beforced nor denied civilization's most basic h1 rastructure improvements such as central se►vage treatment and dispasal. or commercial electrical power. 2011 NOT -FOR -PROFIT CORPORATION ANNUAL REPORT FILED 1 � DOCUMENT# NO0007867 8ecrrary of St> t ffidffV Nmnw NO NAME KEY PROPERIYOWNERSAMMTIOK INC. curfew Pdnatpd Ph= of . 32M TORTl10A LANE NO NAME KEY. BIG PINE KEY, FL 33M US Cmtwt Ong Address: 32781 TORTUOA LANE NO NAME KEY, 00 PINE W FL 33043 LE m wwnbm 7 P8) Aped Fora ? Name and Address of Caveat d+ Age 32731 TORTU3A �E NO NAME KEY. BIO PONE KEY, Fl. MW LE Now Prtndpd Phoo of 13a Now. llliallh g Addrmw: FN NMlbwV t i I erscoaw Dodrad 00 and Address of Kim Mobbred Agw* ThaIn a'is� of w submits tftfor th9 � of cher�fng Bs req�red aflioe at rem eDer , orMoth, BIONATUIE= OPPICIM AND DIIElCTOR& Ift PRO Am sRORK ru► mm u Addvao 3V31 YOMMALANE 04-SM a No KAM RaY, 60 ME My, FL =a Us mft VP CIV4WZpr NO NAM ICY, NO PINE INY, FL 33M8 US 73t am NNW ROXEK RVTH Aftow S2W WANI LANE CB r NO WM MY. 00 P= IQsY, FL WO Uri I tea mm Na j" Add 3� BOW LANE Opp: N0 NANME lMY. 8W PM K@Y. FL 33M3 US I heir drat the intTorm3aon an ihls report or supt�rrlerrtsl deport is true and accs�raba � � one natures haae flee legal e8lsct aB it nrede under valh; I run sn ofiloer or direabor a� the � � � � otlrer � sre%�requlred by Cheip6er 817, Florida 8latalBs; wed eery Warns appears above, or SIONATURE: KATHRYN AGNTION BROWN PRES 0amwi411 m R bli alrig or Nrsator -Dow Exhibit'A" Exhibit "B" No Name Key Cost & BlEling Summary at 1/6/2011 awalawoomw Keys Inarned Wises through 8/14110 Suryqy Work (J. Lynn O'F[Vnn, Inc) Brlclg@ Design (CC[ Sysbems) CM;p qed, portion of 2-Poie Not Program $ 29�398.42 1 21,574.80 1 1%gLa86 1 4.1193.39 1 d'"A -7G 1 &RO. ed Future Adtnln BQM- -m Onduded in 8/31/10 trilling) $ 6,529�75 = Estimated Remairdna 2-Pde LUte Extension Plot Program Costs !4 736.66 1 Re inin�ijrte Oo 505,177'42 = l d Esa�ow (for MMA and 93PA) 50.000.E Total Eadmated Gbet of ftojacD $ 648,732.35 .. _......_ 2% Estlmated Consi action 12,/4/2009 1�3 � _ 13lp00.00 §ury Estimate 4/212010 1026 12�592,:,00 Bridge.P s i Estimate 417f?A10 1027 19,�958�00 Tnie-up of Actual Costs 10,(2$%2010 id 35 345.08 2-pde Bftrdon Pibt Program _ 10 010 ' 1033 8 876.05 Pole Goat's8e AikoWng Few 12/1S/2010 1bi ,924. _. 9,924 42 TOM Payments to Date: $ 189.495.53 Total Due From Cusbmwn $ 469,257.00 1. VMWderMA&wBeaAl WfMcfswA%*MWb Au 2-T�6adt�ral0� (�iraEhdiedJPardm�rp Exhibit "C" tAlbit T" STANDARD ELECTRIC EXTENSION AGREEMENT LINE EXTENSION # 754 AGREEMENT, made this n' my OF wrosER 2pio, by and between NO NAME KEY. PROPERTY OWNERS ASSOCIATION INC.. hereinafter caned "Customer," and the JM= BOARD a municipal owned utlOty, organized and existing under the laws of the State of Florida, hereinafter called "KEYS." WHEREAS, the Customer has applied to the KEYS for electric service of the character commonly known as single-phase, on county right-of-way on Old State Road, on rill NAME KEY, WHEREAS, said location requires an extension of KEYS' present distribution system of approxin I I Z.Ral; and WHEREAS, KEYS would not be justified in making said extension prior to the receipt of payment In full for the line extension cost at the rate of 54.438.02 per pole. NOW, THEREFORE, WITNESSETH, that for and In consideration of the mutual covenants and agreement hereafter set forth for the parties hereto covenant and agree as follows: ARTICLE I. At the time of acceptance of this agreement by the Customer, the said Customer shall advance to KEYS EIGiiT 3kjQjfifflL3 EIGHT HL 9Q „ AM MOMILM representing a not to exceed total construction cost of the requested One extension. ARTICLE U. KEYS shall impose and collect a Wre extension dugp from any customer gJbseWently requesting service that is included in the contract and line extension drawing. The One extension charge shall be applied proportionally to the property based on the total service ablilty of this One extension. The attached One extension drawing #D-4176 is to be made a part of this contract. ARTICLE III. KEYS shall reimburse the Customer entering and paying the cost of the One extension covered by this contract, 85% of the One extension imposed on any customer subsequently receiving service that Is included in the line extension contract and drawing. However, the total refunds allowed under this Article shall not exceed the amount paid by the Customer, to KEYS, and provided further that no refunds will be made to the Customer who Is In default in the payment of any bins for service furnished to the Customer, by KEYS. If there are no reimbursements Indicated on the One extension drawing, Article III will not apply. Article IV. This One extension agreement shall terminate ten years from the date the extension was completed. *Excluding services Involving underground or over -water construction* TITLE AND OWNERSHIP ARTICLE V. Title to, and complete ownership and control over said extension, shall at all times remain In KEYS, and KEYS shall have the right to use the same for the purpose of service to other customers. EASEMENTS AND RIGHTS ARTICLE VI. The Customer will grant, or cause to be granted to KEYS, and without cost to KEYS, all rights, permits and privileges necessary for the rendering of service hereunder. Initials: Initials: TRIMMING TREES ARTICLE VII. It Is expressly understood and agreed that the amount paid by the Customer, to KEYS, for the cost of the Ines to be built hereunder does not Include any cost of trimming or removing trees or other obstructions from the right -of -Way, and to trim all trees adjacent thereto in order that the Ines to be built under may be safely and properly constructed. KEYS shall not be required to begin construction of the lines until such clearing and trimming Is completed to the SaWactlon of KEYS. PROCEEDING WITH WORK ARTICLE VIII. KEYS, upon its approval of this agreement, wig proceed with the extension outlined herein and as covered by sketch and specifications hereto attached and made a part hereof. GENERAL TERMS ARTICLE IX NNKPOA shall be responsible for all costs Incurred in the event the Contact is cancelled or the project is stopped. NNKPOA will be responsible for any material purchased for the project. If material can be used for another project (at KEYS sole determination), KEYS will charge a 20% material restocking fee. If bridge conduit system is in place, and contract stopped prior to project completion, NNKPOA Is responsible for all costs incurred by KEYS "subcontradW Including costs of deconstruction, removal, mitigation, disposal and any repairs to return to return the rights -of -way to their preconstrtctlon condition. ARTICLE X. This agreement supersedes all previous agreements, or representatives, ether written or verbal, between the KEYS and the Customer, "lade with rasped to the matters herein Contained, and when duly executed constitutes the agreement between the parties herto. This agreement shall Inure to the benefit of and be binding upon the respective heirs, legal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate the day and year first above written. Witness for the Customer Witness for the Customer Witness for KEYS Witness for KEYS Account 4 ER# 2770-11 Customer's signature Corporation name (lf applk:able) Title By: Title: UTILITY BOARD - CITY OF KEY WEST "Keys Energy Services" Exhibit "E" as l x gggg gg g$gg gg gt gg'P p g r g Y pp pQ {yy Q@Y Q pp_ _ pp _y QQ 4_ pp 9 I as 9 else _ M �:g=c�:isFS:C:�FS�iFiF� i:6wiSr666i8� r e r���e�geaa���et�ieaa����saa�ea'ae���e�e�ee gig -Is 5 . q a 1 .63 3115bas1138.V55 it��siiiii��33ii}s s Qsss sss as a s ss_ ss9 M$ss VYLY 11SYY{% H&C C_ Exhibit "F" Stock Island Tree Snail and Garber's Spurge Impact Avoidance Procedures Keys Energy Services Power Line Installation and Maintenance No Name Key, Monroe County Prepared for: No Name Key Property Owners Association 32731 Tortuga Lane No Name Key, Florida 33043 Prepared by: Terramar Environmental Services, Inc. 1241 Crane Boulevard Sugarloaf Key, Florida 33042 (305) 393-4200 FAX (305) 745-1192 August 9, 2010 Introduction 'llte Stock Island Tree snail (Orihuiicus reses reses) is a Federally listed Endangered mollusk that occurs throughout the Florida Keys. A population of this snail was introduced onto No Name Key in 1996 from Key Largo, and that population may persist in areas of hardwood hammock. Garber's spurge (Chmmes)•ce garbert) is a small plant also Federally -listed as Endangered that occurs throughout South Florida. and occurs in pine rocklands, hardwood hammocks and also on disturbed roadsides. It is known to occur on No Name Key where it occurs on the limestone road shoulders. Keys Energy Services (KEYS) is installing electrical power to No Name Key using concrete power poles and overhead electric lines. The proposed project consists of extending existing electrical service from Big Pine Key to No Name Key. where no electrical service currently exists. The project will employ a total of 61 utility poles located within existing right of way (ROW) owned by Monroe County or on private property. Power poles will be placed in the ROW within six feet of the edge of existing roadway pavement using an auger truck and lift. trimming of tree branches will be required for the initial installation ofthe system and ongoing trimming will be required to maintain the system in perpetuity. KEYS will implement measures specifically designed to avoid impacts to the Stock Island tree snail and Garber's spurge during the initial installation of the system as well as during the long-term maintenance phase of the project. Stock lsisad Tree Snail Relocation Plgcedum The Stock Island Tree snail may occur on lateral branches and tree trunks that may require trimming during initial installation of the system as well as during ongoing maintenance. The following procedures will be implemented by KEYS during all tree trimming activities throughout the life of the project. These procedures follow the procedures established by Deborah A. Shaw, Ph.D.. Environmental Affairs Manager for the Florida Keys Electric Cooperative and are based on many years of experience relocating tree snails associated with the power distribution system on Key Largo. General Requirements All staff conducting tree trimming activities will be provided a copy of this protocol and be instructed on tree trimming procedures on No Name Key by a qualified biologist. A qualified biologist is someone with the appropriate combination of education and training that makes them competent to direct trimming in a manner that avoids adverse impacts to tree snails. A qualified biologist will have direct experience in the handling and relocation of tree snails in South Florida. All tree snails asmociated with the project will be relocated including members of the genus Orthedicus and Liga►a. All limbs will be cut using hand-held trimming equipment such as a chain saw, power pruner or hand - operated loppers. No trimming using mechanized equipment is authorized. Equipment Needed High -quality loppers, cooler with sealed lid. clean spray bottle (plant mister type): source of fresh. clean water paper towels: plant clippers, bucket to carry snails. Relocation Procedures Tree branches will be trimmed and placed on the ground for inspection by a qualified biologist. Each branch will be carefully inspected for tree snails. and any snails identified will be relocated. No tree branches will be removed off -site or chipped until approved by the qualified biologist. The qualified biologist will work directly with KEYS during trimming operations to ensure any tree snails are relocated properly. Tree snails identified during tree trimming operations will be in one of three conditions: 1) sealed on a branch, aestivating ducting dry and/or cold weather. 3) aestivating but detached from branch with protective seal broken. 3) active and moving about, normally in warm, wet weather, Procedures for the three scenarios are discussed below. Snails sealed on a branch or tree trunk: As long as the protective seal is intact, the snail can be left on the branch for relocation. Clip the branch with the snail attached. Trim extra twigs and leaves off of the branch leaving a forked branch to use as a hanger. Removing the extra branches and twigs minimizes the wrong turns that the snail can make when it awakens and leaves its twig to climb onto the new host tree and it makes it osier to handle the cut branch. The trimmed branch with snail still attached is then placed in an appropriate host tree anal secured with bio-degradable cotton string as needed. If the snail is scaled onto a branch that is too large to handle and relocate. the snail will have to be removed from the tree bark. This can be done safely by spraying the snail with clean fresh water which will soften the adhesive seal. After the seal softens, gently peel the snail off the tree bark. This should be done by an experienced tree snail handler. The adhesive membrane (seal) will be broken in this process so the snail will then have to be awakened to be relocated. See procedures for detached snails below. Tree snails detacbed from branch or with broken protective seals: Aestivating tree snails with broken protective seals will die of desiccation unless they are awakened by being held in a warns, moist box for a period of time (usually a few hours). To awaken aestivating snails. place them in a tree snail holding pen (cooler). On the bottom of the cooler by t%%o layers of clean paper towels saturated with clean fresh water. pill the cooler with cut fresh Pigeon plum. Coraloba diversifolla. branches with leaves attached. Pigeon plum is a favorite host tree for tree snails and the leaves stay fresh in the cooler for a long time. Spray the branches with water to keep the air in the cooler saturated. Spray the protective membrane of each snail with clean fresh water. As it softens. peel it off to hasten the snail's awakening. Keep the drain plug open and keep the cooler lid open slightly to allow good air flow, but do not allow snails to escape the cooler once they awaken. Once they are active. they can be placed in a new host tree using the same technique described in the next section on active snails. Between uses. the cooler should be thoroughly cleaned and dried as it will become contaminated with snail excrement and mucus. Active snails: If the weather is warm and humid. active tree snails can be easily relocated by simply spraying the bark of the new host tree with clean fresh water. Place the snail on the wet bark and support it until it gets a firm grip. The snail will climb up the tree and relocation is complete. If conditions are warm but dry. the snail can still be released as it will simply reseal itself on the new tree as soon as it perceives the dry conditions. 9 Based on pre -construction surveys conducted at surveyed pole locations. Garber's spurge is either not present or extremely rare at proposed pole locations. Regardless, specific procedures will be implemented during the installation of the 62 power poles that are designed to avoid impacting any individual plants. 'these procedures include the following: All staff conducting pole installation activities will be provided a copy of this protocol and be instructed on pole installation procedures by a qualified biologist. A qualified biologist is someone with the appropriate combination ofeducation and training that makes them competent to direct pole installation in a manner that avoids adverse impacts to Gerber's spurge. A qualified biologist will have direct experience in the identification of Garber's spurge and relevant construction management experience. At each pole location, the work area will be delineated using staked silt fencing. This silt fencing will be installed around the pole location to clearly identify the work area: no soil disturbance will occur outside the work area. Work areas will be approximately 10' x 10' and will encompass the proposed pole location with adequate room for installation and containment of spoils. Once the work area has been staked. a qualified biologist will inspect each work area for the presence of Garber's spurge. If no plants are identified. work may proceed at that Iocatiou. If a Garber's spurge is found within the work area. the pole location will be relocated by KEYS engineering staff to a suitable adjacent location that will not result in impacts to Garber's spume. Once the new location has been identified, a new wort: area will be established at this site. Any spurge identified outside a work area will be marked using traffic cones and protected from impacts during the installation process. All sWIs frem the auiv prnoess will be Contained widtin dw work area cad be removed off Ito for appropriate disposal. Folk►wing pob Installation. the work area will be raked smooth to reator+e the original topogrsphy and the At fence removed for disposal Staging of Supplies will not occur on the rnsiides on No Name Key. Staging of project materials will occur off -sine at a KEYS &Cility and Supplies will be mooed to the fslsnd a"aeded. KEYS will raaiNsin control over contraam during pole insmlkdm to ensure drat the roadsides on No Name Kay arenotably Impacted by the propose d project. Exhibit .�P�'thibtt "H" AvM bywW Pon ax KEYS ENERGY SERVICES DIMMOMMInuft 1001 IWW Sheet Key W 4 FL 33040 NOTICE AND AGREEMENT REGARDING -PROVISION OF ET.S.l7MIC SERVICE TO NO NAME KEY THIS NOTICE AND AGREWEDIT, is made as of this day of 2010, by the following Pt sons or entities who are all persons or entities aTi wing am pp;inte� in the real =KP- Iut, Key West, Florida 33 (Attention: Director of ¢ist of Owners and Spouses) . 3. 4. S. 6. T or eM-I ve mom► a ve y to this Notice and the term Owt greevientOwr the � thcee 1ta s, legal and � i�ndivi�d�uals, and successors and assigns of any entities, The Owners have a collective mailing address of the following: This Notice and Agreement relates to and encumbers the real property located in Monroe County, Florida rdesd ibef+ollows: Property Mailing Address as recognized by the U.S. Post Office: Monroe County Parcel Appraiser IdenN a;tion Number for the Property: Description of the Property as appearing in the Monroe County Property Appraiser's raeords or complete legal description: BACKGROUND At this time Keys Energy has not extended electric service to the Property. The Owners wish to have Keys Energy provide electric service to the Property, but Keys Energy is willing to extend electric service to the Property only. on (1) the conditions and agreements set forth in this Notice and �nt and (ii)the conditions and agreement as set forth in the STANDARD ELECTRIC TENSION AGREEMENT LINE EXTENSION # 732 (referred to herein as the "Extension Agreement') attached hereto and made a part hereof for all purposes and (iii) subject to any and all rules, policies, conditions, limitations and procedures as may exist or be established by Keys Energy from time to time. The Owners have read the Extension Agreement and are in agreement with its terms and conditions. The Owners understand. acdcnowledge and agree that Keys Energy has no obligation to provide electric service to the Property if the No Name Key Property Owners Association, Inc. fails to comply with any of the requirements of the Extension Agreement at any time. The Owners further undwsland. acknowledge and agree that the Extension Art or this Notice and Agreement gives them no greater rights than other customers of Keys Ennerrgggyy and that provision of electric service by Keys -Energy is subject to all the rules, policies, conditions. limitations and procedures as now exist or as may be established by Keys Energy at any time in the future. NOW THEREFORE for good and valuable consideration, the receipt and adequac of which is hereby acknowledged, the Owners agree to the following with and for the benefit of Keys Energy: 1. The Owners represent and warrant to Keys Energy that all the statements set forth in the Background section above are true and correm and all such statements are incorporated herein. 2. The undersigned Owners acknowledge and join in the Extension Agreement as it relates to the Property. 3. The Owners acknowledge that Keys Energy tnay requireeasements on or across the Property and on or across other areas as a requirement prior to provision of electric service to the Property. The Owners acknowledge and agree that the owners will cooperate with Keys Energy with regard to the grant of any easements requested by Keys Energy on or across the Property. 4. The Owners acknowledle and a me that any default or failure of the No Name Key Property Owners Association. Inc. to abide by any and all conditions or requirements of the Extension Agreement, including without limitation, the replenishing of escrow funds, may result in the permanent or temporary termination or cessation of electric power service by Keys Energy to the Property. 5. It is the intention of Owners that the agreements contained in this Nodce and Agreement shall touch and concern the Property, run with the land and with the title to the Property, and shall apply to and be binding upon and inure to the benefit of the successors and assigns of Owners, and to Keys Energy. its successors and assigns, and to any and all parties hereafter having any right, title or interest in the Property or any part thereof. Keys Energy, its successors and assigns may enforce the terms and conditions of this Notice and Agreement by injunctive relief and other priate available legal remedies. An forbearance on behalf of Keys Energy to exercise its ri t in the event of the failure of the Owners, their successors and assigns to comply with the provisions of this Notice and Agreement or the Extension AgFepment shall not be deemed or construed to be a waiver of Keyys Energy's rights. This Notice and Agreement shall continue in perpetuity, unless otherwise modified in writing by Owners, or their successors. and Keys Energy. its successors and assigns. 6. If any, provision of this Notice and Agreement is held to be invalid by any court of competent junsdiction, the invalidity of such pprovision shall not affect the validity of any other provisions thereof. All such outer provisions shall continue unimpaired in full force and of ect. 7. Owners covenant with Keys Energy and represent and warrant that. on the date of execution of this Notice and Agreement, Owners are seized of the Property in fee simple and have good right to create. establish, and impose this covenant on the Property. In the event Keys Energy determines this Notice and Agreement has not been validly executed by all persons or entities who have an ownership interest in the Property and by all persons who are marred to persons having an ownership interest in the Property, Keys Energy may discontinue electric service to the Property at any time. Owners also covenant and warrant that the Property is free and clear of any and all liens. mortmms, or encumbrances that could impair Owners' rights to impose the covenant described in thus Notice and Agreement. S. This Notice and Agreement may be executed simultaneously or in counterparts, each of Which shall be deemed an original, but all of which together shall constitute one and the same agreement. This Notice and Agreement shall be construed, governed. interpreted and enforced in accordance with the laws of the State of Florida. s r0yeir.yTi'�7�F�%7771 H IN WITNESS WHEREOF the ut>dersigued Owners have executed this Notice and Agoeement as of the date set forth above. Sped in the p momme of two (2) witnesses fir each Owner. (select the farm of woo lion applicable to the type of ownership) (mmewdarbyawaeavelpeownatt7ommebar/lasbavdastdii#har ) WrrNESSES as is Both Sigpaturm OWNERS: Signadtre Print aarne Signature Print name Si,�htre Print name Print name STATE OF COUNTY OF The IN@Pbtg• huWMtent was adamwiedEed 1 1 1 - ow this _ day of . SO . by Each are permaatty tcaovat to ma or have prodaoed htsAter drivm's 1jecow, or hbAW r Eby as Ida. CAFFIX NOTARIAL SEAL) (sue) (Printed Nam) NOTARY KJBUC (Commission RWhatim Dora) 4 IN Wl'ITIESS WHEREOF the undersigned owners have executed this Notice and Agreement as of the date set forth above. Signed in the presence of two (2) witnesses for each Owmer. (select the form of execution applicable to the type ofownership) by one nMm1 poison as Owner. also ase rdis reo- awm are mMtLV st 1p) WITNESSES: OWNER: Signature Print name Signature Print name Signature Print name STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20 by -- _..,.. He or she a personally known to mn. or haw: produced his/her M.0 drivers license, or Metter as identification. (AFFIX NOTARIAL SEAL) (Signature) (Printed N� _m am) eNOTARY PUBLIC (Commission expiration Date) 2 IN WITNESS WHEREOF tlhe undersigned owners have executed this Notice and Agreement as of the date at forth above. Signed in the presence of two (2) witnesses for each Owner. (select the E nh of execution applicable to the type of ownetship) ( iyaseanowdpvmarOwim,spaMsrd*ire"wmnarraasaa-dq) wrrNzssn: Owr a;R: Sigmd�ne Sigilature Print Lamm Print name sig umm Print name STATE OF COUNTY OF Mm Ruing lnscnmmt was belbt+a the Ahis _ day of _ . 20_.4 by lie Or she is PUMMI& bnowa 0 M% or have produced WNW duvet% Ikeweq or bh4m m idaaiticatioa. (AFFIX NOTARIAL SEAL) ) (Pdmd ) NOTARY PUBLIC (CORattkim 091ratim Date) D IN WIN ESS WHEREOF the undersigned Owners have executed this Notice and Agmement as of the date at forth abom in the pmsmm of two (2) witnesses for each Owner. (select the form of mcution applicable to the type of ownership) ciao AWM gysnsm mdpemrr as offlim, alas m ok reo stmm see aioaarusqr) WMESSES: OWNERt Signatme gigue Print name Print nano Sworn Print name STATE OF COUNTY OF Tito hrgp s 6mnwtem win berm an tbla _ day or . 20 He or ale is • by driver's or hider oD� P his/har (AFFIX NOTARIAL SSAL) ( MMW Nance) NOTARY PUBLIC (Convub t Exphatba Date) F] IN WITNESS WHEREOF the Owners have executed this Notice and Agmentent as of the date set forth above. Signed in the of two (2) witnesses for each owner. (select the form of execution appffeabk to the type of ownership) WITNZSSZS: Signature Print name Print name OWNER: (Name of LLC) a (state of "gankatian) limited liability company By: Prim Name: Title: STATE OF COUNTY OF TIM 6Wh� d bbaa me go of — dqy of . 20 by In IJLA an Poftbe oompMW. Ndsm 4 pumda y kom to me,or has produced hk4w dreg (AFFIX NOTARIAL SEAL) (skuu tro) (Pd=d Nmne) NOTARY PUBLIC (CaaaDkd n E*r4 ion Date) 8 IN WrrNMS VIMRFOF the undersigned Owners have accuted this Notice and Agmemeat as of the date set forth ebm is the prumm of two (2) v for each Owner. (select the form of exectdian sWic bie to the type of owunhip) 4F Print name OWNER: (Name of conxUation). s (State of mwmkmion) c olveration By: Print Name: signetm Title: Print tame STATE OF COUNTY OF The Eta hialher � betbm sae _ � of . 20 . by or on behatf of the ootpodiaa. I Wft to - �`• peter known m � or tae When t Hoema or hbim as ldeadnaldw. (AFFIX NOTARIAL SML) E-1': (Pruned Name) NOTARY PUBLIC (Commiaim Exp9rW= Date) 0 IN V/n`NESS WHEREOF the undersigned Owners have executed this Notice and Aft as of do date set forth starve. Signed in the paosenoe of two (2) wi- , a -s%r. each fir. (select the form of a teadan sWicabie to the type of ownership) (AyvWv/- WUNESSSES: OWNER: signature Print name (Name of sty), a (sate of "Baniaatim) By: Print Name: Title: STATE OF COUNTY OF Tha ; bcs nmal was trboibdtpd betbre me dds _ day of . 20 , by bWWf of the aw yr. H&Ift b pmmUy kmm to mk or has P hb &ff d hbAm a khmdficadam. at (AFFIX NOTARIAL SEAL) (Sworn) UMMWNM) NOTARY PUBLIC (Commission BxpWon Oft) 10 Exhibit pIp This page is intentionally left blank as a page holder for the following future addition: Pursuant to Article VIII.. the No Name Key Property Owners Association (NNKPOA) will provide Keys Energy Services with a list of NNKPOA members who are in compliance with their financial obligation to the NNKPOA in paying their full prorated financial share. This list of names will become Exhibit"I". Exhibit "Js This page Is intentionally left blank as a page holder for the following future addition: Pursuant to Article VII, Keys Energy Services will insert a legal description of the existing 43 homes and lots. This list will become Exhibit "J". Appendix B - Photovoltaic Systems (Solar) 1. Solar Basics Power Power is an AMOUNT of energy. It's the measurement of energy, measured in kilowatts (kW). Power is measured in an instant. Most of the sizing done in solar PV design; conductors, inverters, fuses, the size of the solar rates is based on how much power will be passing through a specific component of the system. Because power is measured in an instant, it can vary widely over time and from minute to minute. Power (watts) = current (Amps) X voltage (volts) Energy Energy is the actual work done by power. It is measure in kilowatthours (kWh). Consumers pay for kWh. It's a measure of power over time. Power (kW) X Time (hours) = Energy (kWh) Current Electricity is the flow of negatively charged electrons. The current is the amount of negatively charged electrons in a specific part of a circuit. Voltage Voltage is a measure of the `force' or `pressure' of the electric current in a circuit. It's measured in volts. Electrons of the same material WANT to be homogeneous, i.e. they want to be evenly spread out. Thus, if one area has less electrons then another, the electrons will move in an attempt to equalize. This flow is what created a voltage potential and causes electrons to move. Resistance Electrical Resistance is the resistance of the flow of electricity through a conductor. It does not reduce the current flow of electrons (how many electrons there are in the circuit) but it does reduce the voltage (how fast they're going, remember the dam example). It is measured in ohms. Voltage Drop (volts) = Current (amps) X Resistance (ohms) Series Circuit A series circuit is when one negative and positive of each power source or appliances are connected together. Parallel Circuit In a parallel circuit, all of the positives are connected together and the negative are connected together, each separate. AC Current AC refers to alternating current. It refers to electrical systems where the voltage and current are constantly changing between positive and negative. A complete Page 48 "cycle" is completed when the current reaches returns to either the peak, or trough of the wave. Frequency is measured in Hertz (Hz) and is measured in number of cycles per second. DC Current DC means direct current. DC is the type of electricity where the voltage and current stay constant over time. Typical DC applications are batteries, solar modules, and wind turbines. fli7T.F�T'ti �� Irradiance is the amount of solar radiation falling on a particular area at any given time. It is a RATE. It's a measure of POWER, in that it's an instantaneous term that does not consider time. It is measured in watts per square meter. Irradiation Irradiation is a measure of solar energy, the amount of irradiance that falls on a location over time. Irradiation is measured in kWh / square meter / day. 2. Solar PV System Components a. Solar PV Array Size (1) Customer Constraints. • Energy Usage • Client Budget (2) Site Constraints. • Local Shading • Horizontal Shading • Available Roof Space and Roof Characteristics • Module Size and Racking Considerations (3) Determining Irradiation. • Measured Sun hours per day (4) Estimating power production based on irradiation, customer constraints, and site characteristics. • Sun hours per day adjust for site characteristics • Power production b. Solar PV Inverter, Strings, and Conductors • What is the capacity of the existing electrical service? Per NEC 690.64132 (2008) 705.12 D2 (2011), an existing electrical service is only allowed to backfed up to 120% of the rated capacity. Page 49 • This would apply only to homes that are fed from both the Keys Energy Grid and Solar. • String sizing is the number of modules that we will connect in series and parallel before connecting them to the inverter. The size of our strings will determine the voltage and amperage that is inputted into the inverter. • When string sizing, our goals are: ➢ Make sure we NEVER supply the inverter with too much voltage, which will kill it —> Maximum string length ➢ Make sure that we can ALWAYS supply the inverter with enough voltage to turn on, given the array is receiving full sun voltageWhat is the maximum allowed -system? ➢ NEC 690.7 specifies that our worst -case voltage, the highest voltages that the DC array can create, must fall within the limits of the inverter. ➢ The exact definition states that: The Voc of each module times the number of modules in a string, correct for lowest expected ambient temperature in the array's location. How do we calculate the minimum number of modules in a ➢ The goal of calculating the minimum number of modules in a string is to make sure that in the worst case scenario, when the array is extremely hot, the system will still produce enough voltage to turn the inverter ON. ➢ Ambient air correction factors from the conduit that the electric wire will be in as per NEC Table 310.15 132C. • The purpose of conductor sizing is to make sure conductors can hold the amperage that they need to help. The ampacity rating of a conductor is the current it can safely conduct without overheating. The reason conductors cannot overheat is because the insulation on the outside will melt and the faults will be more likely to occur. ➢Current causes heat in conductor due to resistance of the wire ➢Bigger wires = lower resistance ➢Lower resistance = less heat. ➢Too much heat = insulation melting = faults, arcs, death and fire. ➢Insulation rating determine ampacity Page 50 3. Typical System Configuration lop Anticipated Loads Keys Energy GM.) TA F- bar r � Generator Page 51 Appendix C - Keys Energy Distribution System Page 52 Appendix D - Keys Energy Service Vs Photovoltaic Service Identification Page 54 Appendix E — Quote from Home Energy, LLC Page 56 Home Energy LLC. 1013 Elroy Dr Middlebury, IN 46540 574/825-4800 Quote Date Quote # 10/15/2015 2776 Name / Address Ship To Lillian Reyes Electrical design Associates 5300 W.Atlantic Ave #408 Delray Beach, FL 33484 561-704-2059 Rep Project Item Description Qty Cost Total 900 OutBack PowerFP2 FX2012T (Custom Built) 4kW 1 5,149.00 5,149.00 FLEXpower TWO, Pre -wired and Tested with AC Bypass, Battery Disconnect DC breakers, HUB4, RTS, surge protectors, MATE and bracket Components are ETL listed to UL 1741 and System is NEC code compliant. Inverters FX2524T or FX3048T can be substituted at no additional cost 1025 SHIPPING TO MIAMI FLORIDA BUSINESS WITH 150.00 150.00 DOCK OR FORKLIFT Subtotal $5,299.00 Sales Tax (0.0%) $0.00 Total $5,299.00 Estimated Cost of a Gravity Sewer System on NNK NO NAME KEY - GRAVITY SEWER ESTIMATE Description Unit Total 1. Force Mains In Place 3" -hdpe L.F. 6200 $14 $86,800 4" -PVC or hdpe L.F. 3400 $20 $68,000 4" DIP or SS L.F. 1950 * See Bridge Item 2. Valves & Valve Box 3" Valve & Box EA. 6 $440 $2,640 4" Valve & Box EA. 4 $570 $2,280 Air release valves EA. 5 $1,200 $6,000 3. Ductile Iron Fittings Ton 1.5 $6,000 $9,000 4. Gravity Sewers Manholes EA. 25 $2,500 $62,500 8" pvc LF 8050 $80 $644,000 5. Area Lift Stations EA. 4 $100,000 $400,000 6. Customer Service Connections 6"PVC EA. 43 $7,600 $326,800 7. Pavement Restoration Roadway Trench Restoration L.F. 8110 $20 $162,200 Customer Service Trench Restoration L.F. 520 $15 $7,800 Asphalt overlay - SY 1 16100 $13 $201,250 8. Specials Bridge Crossing - 6"DIP L.S. 2000 $150 $300,000 Project Estimate Subtotal $2,279,270 20% General conditions, contingency $455,854 Total $2,735,124 Cost per house EA. 43 $63,608 Estimated Cost of a Standalone Solar Power Supply for Grinder Pump Station Wilson -Kevin From: Randy Bell <rbell@wrtllc.com> Sent: Tuesday, November 03, 2015 2:43 PM To: Wilson -Kevin Cc: Tom Walker; Aaron Cutler (acutler@mathewsconsultinginc.com) Subject: RE: Standalone Solar Supply for Grinder station am, Before we all met at the home in Key Largo, I stopped at SALT here in Marathon. I explained that I wanted to find out what a complete solar package to power a simplex grinder pump would cost. I gave them the motor specs, i.e. Full Load Amps, Average RunningAmps, Amps, voltagerequirements, explained wouldd run forto 2 minutes per ^ and cycle 15 to 20 times per day. He gave me a roughestimate for a • •. - r •. - •. • 1 111 • 111 �• • ^ 2* P,,tijt,2tP fnr2h r . . r r r r rr r r r e From: Wilson -Kevin [ma ilto:Wilson-Kevin@Mon roeCounty-FL.Gov] Sent: Wednesday, October 21, 2015 5:46 PM To: Randy Bell <rbellCa?wrtllc.com> Cc: Tom Walker <twalker@fkaa.com>; Aaron Cutler (acutler@mathewsconsultinginc.com) <acutler@mathewsconsultinginc.com> Subject: Standalone Solar Supply for Grinder station Importance: High Randy, I recall you saying that you had or could get a spec and cost estimate for a standalone solar collection, storage, and inverter system that could be used to support a residential E-one grinder system. If you have it, may I have a copy. If you haven't yet received it would you follow up? It would be very helpful for us in our preparations for the November BOCC reviw. kevinw Kevin G. Wilson, P.E. Assistant County Administrator Monroe County, FL (Florida Keys) 102050 Overseas Highway Key Largo, FL 33037 Tel: 305-292-4529 Cell- 305-797-1547 Estimated Cost of a Standalone Generator Power Supply for Grinder Pump Station Wilson -Kevin From: Aaron Cutler <ACutler@mathewsconsultinginc.com> Sent: Tuesday, November 03, 2015 3:32 PM To: Wilson -Kevin Cc: Tom Walker (twalker@fkaa.com); Dave Mathews Subject: No Name Key - Standby Propane Generator Kevi n, As discussed, we have prepared the below estimate for a discussion point at the upcoming Commission Meeting: Standby Generator (Briggs & Stratton 10kw, 37.5 Amps) - $2,500.00 LP Copper Tubing Fuel Line (assumed 25-feet from Tank) - $1,800.00 Concrete Pad (30" X 30" X 4") - $600.00 Modifications to E-One Pump Controls (Discussed w/ WRT) - UNKOWN Estimated Total: $4,900.00 This information will not be included in the Preliminary Design Report. Aaron Cutler, CGC Vice President/Construction Manager Mathews Consulting, Inc. 477 S. Rosemary Ave., Suite 330 West Palm Beach, FL 33401 561-655-6175 561-398-1585 Cell acutler(@mathewsconsultin--inc.com 1 (305) 872-8888 — Home Alicia Putney 2150 No Name Drive No Name Key, FL 33043 (305) 304-9212 — Cell Monroe County Board of County Commission -- Regular Meeting November 17, 2015 — Key West, Florida Agenda Item S-1 AGENDA ITEM WORDING: Discussion and direction on the effect on solar powered homes of the expansion onto No Name Key of the Cudjoe Regional Wastewater system. Dear Mayor Kolhage and Fellow Monroe County Commissioners: On page three of the November 9th Memorandum from Kevin Wilson to the BOCC there is a section three, which asks: "Are there modifications that minimize potential impacts to non - grid homes? The list includes three items: i. an adjustable float switch, 2. a timer, and 3. a manual override switch The answer to this question is a resounding "yes". All three of the above -listed components would minimize the risks of overloading the inverter with the pump's motor startup surge. On the basis of this fact, I write to ask you to amend the "Recommendations" section on page one of this same Memorandum to the BOCC to specifically include all three of the additional components mentioned above for the off -grid homes on No Name Key. The reason for this request is that if the BOCC does not include this specific language in their recommendations, there is a high statistical chance it will not be incorporated into the design. The amended version would look like this: "Recommendations: 1. Continue with the plan to include No Name Key in the central sewer system using low-pressure grinder technology. a„A,� }�� 2. Implement revisions to the grinder station for off -grid installations to __ __ .3--_ &I--4. &'L ra4imQt include an adjustable float switch a timer, and a manual override switch. 3. Require the property to provide power supply to the grinder pump." Please feel free to call me if you would like more detailed information regarding this issue. Thank you for you consideration in this matter. Sincerely, Hotmail Print Message S-/ RE: Power to No Name Key From: Tejeda, Lynne (Lynne.Tejeda@KeysEnergy.com) Sent: Tue 5/08/12 11:04 AM To: Michael Press (michaelpress@hotmail.com) Cc: sailawaylc@aol.com Page 1 of - Ryr F/. i aO--C6 Thank you for your comments - I will forward them to our Utility Board members so they are aware of your input. From: Michael Press [mailto:michaelpress@hotmail.com] Sent: Tuesday, May 08, 2012 10:55 AM To: Tejeda, Lynne Cc: sailawaylc@aol.com Subject: Power to No Name Key Dear Lynne, We are residents of No Name Key. We have just recently read the contract for No Name Power contract presented to a group of homeowners from which we have been excluded. I, Michael Press, have never been notified of any actions or asked to join this group from any members of the group seeking power, I have always been neutral on the subject of power and was willing to listen to both sides. After recently reading the contract sent to me from a neighbor not affiliated with this group, Mr. Cook and myself are concerned that if down the road if we are required to purchase power for sewer hookup we would be subjected to the risks inherent in this contract and no one else in the Keys, including new construction on No Name will be subjected to these potentially enormous risks. We are very concerned with the open ended issues on the contract, the first being the obligation to pay for litigation without any ceiling on the costs, the second being.the obligation to pay for hurricane infrastructure damage not covered by FEMA also without a ceiling. The FEMA clause is particularly troubling because it seems the signer's will be subject to costs that newly developed structures may not be subject to, even if the new development greatly increases the infrastructure costs, and emergency repairs and cleanup costs after a hurricane may greatly exceed the initial installation costs such as extensive overtime, debris clearing, per Diem, and travel costs to workers brought in from all around the country, etc. We firmly believe it is contractually illegal to include any language in this contract which references and potentially obligates structures belonging to residents who have not signed this contract. We believe you should not rush to push this contract through until after the litigation is settled and other issues resolved because as it stands the current resident of No Name Key could easily loose there homes to Keys Energy after a Hurricane, and that is not a situation which is not anyone's best interest. Michael Press Resident Ed Cook Resident http://sn 13 6w.snt 136.mail.live.com/mail/PrintMessages.aspx?cpids=l f9e455 8-991 f-11 a 1-8a... 5/8/2012 FW: NNK Line Extension Agreement From: Wendy Cook (wcooklaw@outlook.com) Sent: Sun 11/15/15 10:33 AM To: 'Anne Press' (annempress@hotmail.com) From: Wendy Cook [maiito:wcooklaw@outlook.com] Sent: Monday, September 21, 2015 6:05 PM To: mbakke100@hotmail.com Subject: NNK Line Extension Agreement Hi Mary, I spoke with Lynne Tejeda at Keys Energy and discussed the chance of amending the Line Extension Agreement to accommodate our concerns regarding certain terms. As you and I discussed, these amendments would serve to benefit all NNKPOA members, not just my clients. She suggested that we would increase our likelihood of success if we presented a unified front to the Board. When we spoke last you stated that you would not be willing to present this opportunity to the members until after the meeting set for mid -October re: the sewage issue. If you change your mind before then pls feel free to contact me. I think we can negotiate a win -win for all parties. I believe this is your chance to get some of the terms (that you agreed were egregious in the first place) out of the agreement. Additionally your members will get money in the pot, KES will get new customers and my clients will get commercial power. There really is no downfall that I can see. I look forward to speaking with you. Kind Regards, County Commissioners and Mr Mayor I am here to address my concerns with the current waste water proposal and its affect on solar homes. In this proposal the solar homeowner is tasked with determining when and how the sewerage storage tank is to be pumped, due to the inability of the upgraded inverters to handle multi** loads such as the use of a water pump, washing machine, or air conditioner when the grinder pump is started. This proposal requires a technically savvy person to monitor their waste water levels, determine if there current battery storage is capable of running the grinder pump, and start up the generator when necessary. Let me explain the proposed solution, an alarm will go off when the storage tank is full, at which time a technically savvy person must ensure no additional loads are or will be present when he manually turns on the grinder pump to empty his storage tank. If the battery level is too low when the tank is full, the homeowner must first run his generator. This is the scenario which exists after the homeowner goes through great expense to upgrade their systems. This is a very time consuming process This scenario requires a technically savvy person to be present in his home whenever it is occupied and the training to complete these tasks is extensive. I have a 14 year old generator which has been down for repairs several times in the past few years and was out of service for 3 months last year, I can get by without its service now, but will need it operational at all times under this proposal. This proposal does not take into account in its cost analysis the need for a spare inverter and the high maintenance and fuel costs associated with reliance on a generator. Throughout the Keys homes are connected to the wast water system without the connected homes required to provide any power and homes connected to commercial power are compensated for there electric usage. It is outrageous that people on extremely limited electrical power budgets are asked to engagc in this expensive and time consuming non -solution. This is not the solution which you approved several months age when you were told all but two homes could run this system and the cost would be under $1500 and we would operate like everyone else. In summary this proposal is unacceptable for the following reasons: 1. It incurs high initial and maintenance cost to the homeowner 2. It requires technically savvy person to be present in the home at all times 3. It is very time consuming 4. Failure of a system or subsystem will result in a public health risk ak h i - !d 7 Close Fwd;,.zvo Name Key Revision to replace last revision From: m (sailawaylc@aol.com) Sent: Sun 11/15/15 10:46 PM To: annempress@hotmail.com NOV 17, o2W s'". (Fds l e --Original Message— From: m <sailawaylc@aol.com> To: carruthers-heather<carruthers-heatherc@monroecounty-fl.gov>; kolhage-danny <kolhage-danny@monroecounty fl.gov>; murphy-sylvia <murphy-sylvia@monroecounty-fl.gov.> Cc: wcooklaw <wcooklaw@outlook.com> Sent: Sun, Nov 15, 2015 7:45 pm Subject: No Name Key Good morning, I am writing this email on behalf of my father, Edward Cook, who owns a home located at 1931 Spanish Channel Drive, No Name Key, Florida. My sister, Wendy Cook, and I have been trying to assist him in complying with the mandate to connect to the central sewage system. We feel the need to clarify our position on electric hook up, the FKAA line extension agreement and the sewage connection. We do understand that our solar power will not be able to handle the demands placed upon it by the energy requirements of a grinder pump. We have met with Mr. Wilson in order to modify the pumps to work with sewage. The most recent report suggests that No Name Key residents have a back up generator to run these pumps. We do not have a back up generator to run these pumps. In fact, we only have a small portable 1500 generator which is not designed for constant use. We also realize that we will be left with unpleasant back up sewage in our homes during peak times with limited solar energy if the present proposal is adopted. These grinder pumps are not compatible with solar energy. We do understand that KES has stated that it will not power the pumps from their own poles. We also understand that gravity fed pumps are not being considered for No Name Key. In light of these realities, we are exploring the reality of hooking up to the electric grid. It has been insinuated that we do not want to pay our fair share in order to hook up to the electric company. This is untrue. We will pay for the energy necessary to power the grinder pumps but subject to a fair and reasonable Line Extension Agreement. Although we recognize that sustainable living may be a life style choice with an associated cost, we feel that the terms of this agreement are punitive and violate our property rights. Our request is simply to amend Extension Agreement #746 (as amended on 7/24/2013) by deleting/modifying a few unconscionable terms: 1. Delete the waiver of our homestead protection (XVI). 2. Delete KES' ability to place a lien our property. 3. Delete the ability of KES to foreclose upon our property. 4. Add the statement from KES' own policy that states that the Line Extension Agreement, entered into by KES and the Customer shall terminate (10) years from the date of the original extension. 5. Limit our liabilty exposure to the five poles in the CRBA that we mutually share In September, we reached out to Lynne Tejeda at Keys Energy and discussed the chance of amending the Line Extension Agreement. She suggested that we would increase our likelihood of success if we presented a unified front to the KES Board. Therefore we reached out to Mary Bakke with the NNKPOA. Ms. Bakke agreed that numbers 1 and 2 above would serve to benefit all NNKPOA members, not just us. She advised sewage issue was resolved. It is our belief that we can compromise to make this agreement right for all parties. In so doing, the current parti . pants in the agreement receive reimbursement towards their initial investment, KES will get new paying customers and we will have the needed power to run the grinder pumps. This would be a win -win agreement for all parties involved. I thank you in advance for your consideration and direction in resolving this issue. Sincerely, Christine Coo County Commissioners and Mr Mayor I am here to address my concerns with the current waste water proposal and its affect on solar homes. In this proposal the solar homeowner is tasked with determining when and how the sewerage storage tank is to be pumped, due to the inability of the upgraded inverters to handle multiple loads such as the use of a water pump, washing machine, or air conditioner when the grinder pump is started. This proposal requires a technically savvy person to monitor their waste water levels, determine if there current battery storage is capable of running the grinder pump, and start up the generator when necessary. Let me explain the proposed solution, an alarm will go off when the storage tank is full, at which time a technically savvy person must ensure no additional loads are or will be present when he manually turns on the grinder pump to empty his storage tank. If the battery level is too low when the tank is full, the homeowner must first run his generator. This is the scenario which exists after the homeowner goes through great expense to upgrade their systems. This is a very time consuming process This scenario requires a technically savvy person to be present in his home whenever it is occupied and the training to complete these tasks is extensive. I have a 14 year old generator which has been down for repairs several times in the past few years and was out of service for 3 months last year, I can get by without its service now, but will need it operational at all times under this proposal. This proposal does not take into account in its cost analysis the need for a spare inverter and the high maintenance and fuel costs associated with reliance on a generator. Throughout the Keys homes are connected to the wast water system without the connected homes required to provide any power and homes connected to commercial power are compensated for there electric usage. It is outrageous that people on extremely limited electrical power budgets are asked to engage in this expensive and time consuming non -solution. This is not the solution which you approved several months age when you were told all but two homes could run this system and the cost would be under $1500 and we would operate like everyone else. In summary this proposal is unacceptable for the following reasons: 1. It incurs high initial and maintenance cost to the homeowner 2. It requires technically savvy person to be present in the home at all times 3. It is very time consuming 4. Failure of a system or subsystem will result in a public health risk . mt r ah t b!/ - 0, Close Fwd:,.No Name Key Revision to replace last revision From: m (sailawaylc@aol.com) Sent: Sun 11/15/15 10:46 PM To: annempress@hotmail.com Aloe. 17, (Ed.3 l e --Original Message_ From: m <sailawaylc@aol.com> To: carruthers-heather <carruthers-heather@monroecounty-fl.gov>; kolhage-danny <kolhage-danny@monroecounty fl.gov>; murphy-sylvia <murphy-sylvia@monroecounty-fl.gov.> Cc: wcooklaw <wcooklaw@outlook.com> Sent: Sun, Nov 15, 2015 7:45 pm Subject: No Name Key Good morning, I am writing this email on behalf of my father, Edward Cook, who owns a home located at 1931 Spanish Channel Drive, No Name Key, Florida. My sister, Wendy Cook, and I have been trying to assist him in complying with the mandate to connect to the central sewage system. We feel the need to clarify our position on electric hook up, the FKAA line extension agreement and the sewage connection. We do understand that our solar power will not be able to handle the demands placed upon it by the energy requirements of a grinder pump. We have met with Mr. Wilson in order to modify the pumps to work with sewage. The most recent report suggests that No Name Key residents have a back up generator to run these pumps. We do not have a back up generator to run these pumps. In fact, we only have a small portable 1500 generator which is not designed for constant use. We also realize that we will be left with unpleasant back up sewage in our homes during peak times with limited solar energy if the present proposal is adopted. These grinder pumps are not compatible with solar energy. We do understand that KES has stated that it will not power the pumps from their own poles. We also understand that gravity fed pumps are not being considered for No Name Key. In light of these realities, we are exploring the reality of hooking up to the electric grid. It has been insinuated that we do not want to pay our fair share in order to hook up to the electric company. This is untrue. We will pay for the energy necessary to power the grinder pumps but subject to a fair and reasonable Line Extension Agreement. Although we recognize that sustainable living may be a life style choice with an associated cost, we feel that the terms of this agreement are punitive and violate our property rights. Our request is simply to amend Extension Agreement #746 (as amended on 7/24/2013) by deleting/modifying a few unconscionable terms: 1. Delete the waiver of our homestead protection (XVI). 2. Delete KES' ability to place a lien our property. 3. Delete the ability of KES to foreclose upon our property. 4. Add the statement from KES' own policy that states that the Line Extension Agreement, KES and the Customer shall terminate (10) years from the date of the original extension. 5. Limit our liabilty exposure to the five poles in the CRBA that we mutually share entered into by In September, we reached out to Lynne Tejeda at Keys Energy and discussed the chance of amending the Line Extension Agreement. She suggested that we would increase our likelihood of success if we presented a unified front to the KES Board. Therefore we reached out to Mary Bakke with the NNKPOA. Ms. Bakke agreed that numbers 1 and 2 above would serve to benefit all NNKPOA members, not just us. She advised sewege issue was resolved. It is ©ur belief that we can compromise to make this agreement right for all parties. In so doing, the current participants in the agreement receive reimbursement towards their initial investment, KES will get new paying customers and we will have the needed power to run the grinder pumps. This would be a win -win agreement for all parties involved. I thank you in advance for your consideration and direction in resolving this issue. Sincerely, Christine Coo County Commissioners and Mr Mayor I am here to address my concerns with the current waste water proposal and its affect on solar homes. In this proposal the solar homeowner is tasked with determining when and how the sewerage storage tank is to be pumped, due to the inability of the upgraded inverters to handle multiple loads such as the use of a water pump, washing machine, or air conditioner when the grinder pump is started. This proposal requires a technically savvy person to monitor their waste water bevels, determine if there current battery storage is capable of running the grinder pump, and start up the generator when necessary. Let me explain the proposed solution, an alarm will go off when the storage tank is full, at which time a technically savvy person must ensure no additional loads are or will be present when he manually turns on the grinder pump to empty his storage tank. If the battery level is too low when the tank is full, the homeowner must first run his generator. This is the scenario which exists after the homeowner goes through great expense to upgrade their systems. This is a very time consuming process This scenario requires a technically savvy person to be present in his home whenever it is occupied and the training to complete these tasks is extensive. I have a 14 year old generator which has been down for repairs several times in the past few years and was out of service for 3 months last year, I can get by without its service now, but will need it operational at all times under this proposal. This proposal does not take into account in its cost analysis the need for a spare inverter and the high maintenance and fuel costs associated with reliance on a generator. Throughout the Keys homes are connected to the wast water system without the connected homes required to provide any power and homes connected to commercial power are compensated for there electric usage. It is outrageous that people on extremely limited electrical power budgets are asked to engagc in this expensive and time consuming non -solution. This is not the solution which you approved several months age when you were told all but two homes could run this system and the cost would be under $1500 and we would operate like everyone else. In summary this proposal is unacceptable for the following reasons: 1. It incurs high initial and maintenance cost to the homeowner 2. It requires technically savvy person to be present in the home at all times 3. It is very time consuming 4. Failure of a system or subsystem will result in a public health risk County Commissioners and Mr Mayor I am here to address my concerns with the current waste water proposal and its affect on solar homes. In this proposal the solar homeowner is tasked with determining when and how the sewerage storage tank is to be pumped, due to the inability of the upgraded inverters to handle multiple loads such as the use of a water pump, washing machine, or air conditioner when the grinder pump is started. This proposal requires a technically savvy person to monitor their waste water levels, determine if there current battery storage is capable of running the grinder pump, and start up the generator when necessary. Let me explain the proposed solution, an alarm will go off when the storage tank is full, at which time a technically savvy person must ensure no additional loads are or will be present when he manually turns on the grinder pump to empty his storage tank. If the battery level is too low when the tank is full, the homeowner must first tun his generator. This is the scenario which exists after the homeowner goes through great expense to upgrade their systems. This is a very time consuming process This scenario requires a technically savvy person to be present in his home whenever it is occupied and the training to complete these tasks is extensive. I have a 14 year old generator which has been down for repairs several times in the past few years and was out of service for 3 months last year, I can get by without its service now, but will need it operational at all times under this proposal. This proposal does not take into account in its cost analysis the need for a spare inverter and the high maintenance and fuel costs associated with reliance on a generator. Throughout the Keys homes are connected to the wast water system without the connected homes required to provide any power and homes connected to commercial power are compensated for there electric usage. It is outrageous that people on extremely limited electrical power budgets are asked to engage in this expensive and time consuming non -solution. This is not the solution which you approved several months age when you were told all but two homes could run this system and the cost would be under $1500 and we would operate like everyone else. In summary this proposal is unacceptable for the following reasons: 1. It incurs high initial and maintenance cost to the homeowner 2. It requires technically savvy person to be present in the home at all times 3. It is very time consuming 4. Failure of a system or subsystem will result in a public health risk f � D On, -, F&A, ;;"f— For., /' iprr Wendy Cook, P.A. fa ccAee 424 Almeria Avenue Alps/.* /1 Coral Gables, FL 33134 (786) 464-0697 w LU4Jkla W ia3uu�uk.Cuiu September 2, 2015 Sent via email to: Lvnne.tejeda(@keysenergv.com and Edee.Delph@kevsenergv.com Keys Energy Utility Board And Lynne Tejeda General Manager/CEO Keys Energy Services 1001 James Street Key West, FL 33040 Re: � �S My Clients: Edward A. Cook, homeowner at 1931 Spanish Channel Drive No Name Key, Florida 33043 Anne and Michael Press, homeowners at 2159 Spanish Channel Drive No Name Key, Florida 33043 Dear Members of the Board, On behalf of my clients, described above, we are requesting that the Board vote on the following motion at the meeting set to occur on Wednesday September 9that 5 p.m. • To allow the homeowners on No Name Key (who were not participants in the No Name Lire CbU5L u'Di6I1&t nebbuiLc ay��eiYij'iL Uu�eui CIeLu14!ai 3MV102C. . , - , The following is a brief background of the issues related to the requested motion: At some point in 2012 some of the homeowners on No Name Key ("NNK") under the auspices of the "No Name Key Property Owners Association" ("NNKPOA") entered into a Service Agreement ("Agreement") with the Utility Board of Key West d/b/a Keys Energy Services ("KES"). My clients were not parties to this Agreement. They were not involved in the negotiations or the terms in any way. In fact Edward Cook was not even a homeowner on NNK at the time of the Agreement. The terms of the Agreement in my opinion are unconscionable and had my clients been approached to sign such an agreement I would have advised them vehemently against it. Throughout the Agreement the NNKPOA is subject to unlimited financial exposure. There are no caps of liability for damage to poles, costs of litigation etc. (My clients have homeowner policies to protect them against unaffordable and unpredictable losses. There is no way that they can obtain a policy that would cover the potential unlimited exposure in this agreement. They are middle class people that cannot afford these types of risks). But it gets worse, the Agreement can (and has been) amended at the request (or upon the whim) of a mere NNKPOA member. Therefore the terms are fluid and quite frankly unknown. The present conundrum is this: Currently all homeowners on NNK are required to connect to the sewage system per Florida Statute. In order to meet this statutory obligation the homeowners must connect to the electric grid. It is our understanding that KES will not agree to provide power to the homes unless they sign this outrageous and unconscionable Agreement. Quite interestingly the Agreement suggests that the terms only apply to the 43 homeowners on NNK. (A suggestion that we fervently deny as my clients were not privy to the Agreement). The Agreement does not apply to the property owners who have not constructed homes yet. My research indicates that there are over 80 property owners that would be excluded from any requirement to engage in this Agreement. They would simply contact KES and request connection. That is clearly unfair and unjust. NN&.PUA are entitled to request electrical service just as all Floridians have done so in the past. They should not be treated any differently. Please note that my clients' homes are NOT located in the Coastal Barrier Resource System and therefore do not fall under the Coastal Barrier Act (16 U.S.C. §§ 3501-3510) or the Monroe Wendy Wendy Cook P.A. - ��coo-lawi�iout ook--coin t (786) 464-0697 This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the attorney -client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender. Wendy Cook, P.A. 424 Almeria Avenue Coral Gables, FL 33134 (786) 464-0697 wcouk]aw(@oudo k.cuin September 2, 2015 Sent via email to: Lynne.tejeda0keysenergy.com and Edee.Delph(afkeysenergy.com Keys Energy Utility Board And Lynne Tejeda General Manager/CEO Keys Energy Services 1001 James Street Key West, FL 33040 Re: My Clients: Edward A. Cook, homeowner at 1931 Spanish Channel Drive No Name Key, Florida 33043 Anne and Michael Press, homeowners at 2159 Spanish Channel Drive No Name Key, Florida 33043 Dear Members of the Board, On behalf of my clients, described above, we are requesting that the Board vote on the following motion at the meeting set to occur on Wednesday September 9that 5 p.m. • To allow the homeowners on No Name Key (who were not participants in the No Name UIC k''bdbLdl'DdZ1C1 C1CL'Ll14tdl kIV1&. . I , The following is a brief background of the issues related to the requested motion: At some point in 2012 some of the homeowners on No Name Key ("NNK") under the auspices of the "No Name Key Property Owners Association" ("NNKPOA") entered into a Service Agreement ("Agreement") with the Utility Board of Key West d/b/a Keys Energy Services ("KES"). My clients were not parties to this Agreement. They were not involved in the negotiations or the terms in any way. In fact Edward Cook was not even a homeowner on NNK at the time of the Agreement. The terms of the Agreement in my opinion are unconscionable and had my clients been approached to sign such an agreement I would have advised them vehemently against it. Throughout the Agreement the NNKPOA is subject to unlimited financial exposure. There are no caps of liability for damage to poles, costs of litigation etc. (My clients have homeowner policies to protect them against unaffordable and unpredictable losses. There is no way that they can obtain a policy that would cover the potential unlimited exposure in this agreement. They are middle class people that cannot afford these types of risks). But it gets worse, the Agreement can (and has been) amended at the request (or upon the whim) of a mere NNKPOA member. Therefore the terms are fluid and quite frankly unknown. The present conundrum is this: Currently all homeowners on NNK are required to connect to the sewage system per Florida Statute. In order to meet this statutory obligation the homeowners must connect to the electric grid. It is our understanding that KES will not agree to provide power to the homes unless they sign this outrageous and unconscionable Agreement. Quite interestingly the Agreement suggests that the terms only apply to the 43 homeowners on NNK. (A suggestion that we fervently deny as my clients were not privy to the Agreement). The Agreement does not apply to the property owners who have not constructed homes yet. My research indicates that there are over 80 property owners that would be excluded from any requirement to engage in this Agreement. They would simply contact KES and request connection. That is clearly unfair and unjust. NNKFUA are entitled to request electrical service )ust as all Floridians have done so ui the past. They should not be treated any differently. Please note that my clients' homes are NOT located in the Coastal Barrier Resource System and therefore do not fall under the Coastal Barrier Act (16 U.S.C. §§ 3501-3510) or the Monroe Wendy Wendy Cook P.A. .g, wcooklaw(&outlook.com t (786) 464-0697 This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. This communication may contain material protected by the attorney -client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender. 15 h 17 County Commissioners and Mr Mayor I am here to address my concerns with the current waste water proposal and its ect on solar homes. In this proposal the solar homeowner is tasked with determining when and how the sewerage storage tank is to be pumped, due to the inability of the inverters to handle multiple loads such as the use of a water pump, washing machine, or air conditioner when the grinder pump is started. A timed automated solution will not work for me because I run air conditioning at night. This proposal requires a technically savvy person to monitor their waste water levels, determine if there current battery storage is capable of running the grinder pump, and start up the generator when necessary. Let me explain the proposed solution, an alarm will go off when the storage tank is full, at which time a technically savvy person must ensure no additional loads are or will be present when he manually turns on the grinder pump to empty his storage tank. If the battery level is too low when the tank is full, the homeowner must first run his generator. This is the scenario which exists after the homeowner goes through great expense to upgrade their systems. This is a very time consuming process This scenario requires a technically savvy person to be present in his home whenever it is occupied and the training to complete these tasks is extensive. I have a 14 year old generator which has been down for repairs several times in the past few years and was out of service for 3 months last year, I can get by without its service now, but will need it operational at all times under this proposal and when it breaks it will be an emergency which requires my immediate attention. This proposal does not take into account in its cost analysis the need for a spare inverter which will double the inverter costs, it also doesn't take into account battery upgrades and the high maintenance and fuel costs associated with reliance on a generator. Throughout the Keys homes are connected to the wast water system without the connected homes required to provide any power and homes connected to commercial power are compensated for their electric usage. It is outrageous that people on extremely limited electrical power budgets are asked to engage in this expensive and time consuming non -solution. This is not the solution which you approved several months age when you were told all but two homes could run this system and the cost would be under $1500 and we would operate like everyone else. In summary this proposal is unacceptable for the following reasons: 1. It incurs high initial and maintenance cost to the homeowner 2. It requires technically savvy person to be present in the home at all times 3. It is very time consuming 4. Failure of a system or subsystem will result in a public health risk Ex�;h;td (Ylp/i roe (%wft Isdcc. n1ee_� November 11, 2015 Good afternoon, County Commissioners and county citizens My name is: Anne M. Press I Live on No Name Key We do not believe the proposed electric grinder pump powered by solar will work for our life style. I wonder if the Health Department has put a stamp of approval on this? Endless problems waiting to happen. The physical requirement for running this sewer systems effect our quality of life. Several No Nam"R'd es�,,, a elderly and live on limited budgets and depend on others for assistance. Mr.il masked us how much power we consume? Basic 101 Michael Press will explain why a bad sewer plan. The Line Extension Agreement #746 is attached to the Agenda for today's meeting as part of Today's records. I am providing a paragraph of critical concern that states our Homestead protection and a lien in 1 St position to Key's Energy is taking our property rights away. My husband and I and Mr. Ed Cook with our attorney have asked for Electric power hook-up. And agreed to pay for it after the September 09, 2015 Keys Energy Meeting our attorney discussed this with Mary Bakke who also agreed with our attorney that the line agreement including our homestead and property rights and a property lien is unacceptable. A email followed by our attorney which has never been answered. Again denied power* Lynn Tejeda on Friday November 14, 2015 was contacted by me and asked if FKAA was ever contacted for powering the grinder pump she said no maybe a conversation no more. Any mortgage isn't possible because Keys Energy has claims to our properties rights. They could foreclose on our properties making us homeless. Can you live with that? The two homes with mortgage have not been exposed because the #746 and deeds have never been recorded. Mr. Wilson said we asked for power to the grinder pumps on September 09 that is : INCORRECT We wanted the line agreement taken out and hook-up to power. The vote 5 to 0 denied removal of the agreement because of lack of understanding of the document (No Name Key Line Extension agreement) We don't want a sewer system that requires expert work, time and maintenance not to mention the additional and ongoing expenses. Not to mention using our generator frequently which we rarely do at additional cost to us. Solution: Have county attorney Mediation get all interested parties on No Name Key to agree to a revised line agreement #746 where we all pay our fair share and everyone wins : Key's Energy gets more customers and other share the cost of the agreement with a acceptable Line Extension Agreement and end it with a time as stated in the original agreement. Lynn Tejeda has stated that Keys Energy would agree to do this. We have worked for months with many county departments on this matter. Please table the electric grinder pump until we can meet and work out a solution and report back. Our Florida Statue protects us : I know most of you wouldn't sign this #746 agreement It's a Win* Win* Table this: County Attorney with all interested parties round table and report back with our revised Line extension agreement. Help our citizen recover and be at peace with one another on such a Beautiful Old Florida Island. Thank -you* Anne M. Press Print Close fad: No Name Key Revision to replace last revision );r From: m (sailawaylc@aol.com) Un ro e- 6 ta, J Sent: Sun 11/15/15 10:46 PM To: annempress@hotmail.com ---Original Message — From: m <sailawaylc@aol.com> To: Carruthers -heather <carruthers-heather@monroecountyfl.gov>; kolhage-danny<kolhage-danny@monroecountyfl.gov>; murphy-sylvia <murphy-sylvia@monroecounty-fl.gov.> Cc: wcooklaw <wcooklaw@outlook.com> Sent: Sun, Nov 15, 2015 7:45 pm Subject: No Name Key Good morning, I am writing this email on behalf of my father, Edward Cook, who owns a home located at 1931 Spanish Channel Drive, No Name Key, Florida. My sister, Wendy Cook, and I have been trying to assist him in complying with the mandate to connect to the central sewage system. We feel the need to clarify our position on electric hook up, the FKAA line extension agreement and the sewage connection. We do understand that our solar power will not be able to handle the demands placed upon it by the energy requirements of a grinder pump. We have met with Mr. Wilson in order to modify the pumps to work with sewage. The most recent report suggests that No Name Key residents have a back up generator to run these pumps. We do not have a back up generator to run these pumps. In fact, we only have a small portable 1500 generator which is not designed for constant use. We also realize that we will be left with unpleasant back up sewage in our homes during peak times with limited solar energy if the present proposal is adopted. These grinder pumps are not compatible with solar energy. We do understand that KES has stated that it will not power the pumps from their own poles. We also understand that gravity fed pumps are not being considered for No Name Key. In light of these realities, we are exploring the reality of hooking up to the electric grid. It has been insinuated that we do not want to pay our fair share in order to hook up to the electric company. This is untrue. We will pay for the energy necessary to power the grinder pumps but subject to a fair and reasonable Line Extension Agreement. Although we recognize that sustainable living may be a life style choice with an associated cost, we feel that the terms of this agreement are punitive and violate our property rights. Our request is simply to amend Extension Agreement #746 (as amended on 7124/2013) by deleting/modifying a few unconscionable terms: 1. Delete the waiver of our homestead protection (XVI). 2. Delete KES' ability to place a lien our property. 3. Delete the ability of KES to foreclose upon our property. 4. Add the statement from KES' own policy that states that the Line Extension Agreement, entered into by KES and the Customer shall terminate (10) years from the date of the original extension. 5. Limit our liabilty exposure to the five poles in the CRBA that we mutually share In September, we reached out to Lynne Tejeda at Keys Energy and discussed the chance of amending the Line Extension Agreement. She suggested that we would increase our likelihood of success if we presented a unified front to the KES Board. Therefore we reached out to Mary Bakke with the NNKPOA. Ms. Bakke agreed that numbers 1 and 2 above would serve to benefit all NNKPOA members, not just us. She advised that while she agreed with 1 and 2 above she would not relay our request to the homeowners until the sewage issue was resolved. It is our belief that we can compromise to make this agreement right for all parties. In so doing, the current participants in the agreement receive reimbursement towards their initial investment, KES will get new paying customers and we will have the needed power to run the grinder pumps. This would be a win -win agreement for all parties involved. I thank you in advance for your consideration and direction in resolving this issue. Sincerely, Christine Coo V that while she agreed with 1 and 2 above she would not relay our request to the homeowners until the sewage issue was resolved. It is our belief that we can compromise to make this agreement right for all parties. In so doing, the current participants in the agreement receive reimbursement towards their initial investment, KES will get new paying customers and we will have the needed power to run the grinder pumps. This would be a win -win agreement for all parties involved. I thank you in advance for your consideration and direction in resolving this issue. Sincerely, Christine Coo bocw-men+- 6Xb it ji �- ' � w I-o r, I on rDe Caw•+ y, 1�r-i Cj( �0C.G MCe6 y reconstruction, together with Interest and all costs and OVenses of collection, including reasonable attorneys' fees, are a continuing charge on the land of all such property owners, and Bid$ shall have a right to a ben against all such property for the payment of such funds. This Agreement constitutes constructive notice to all subsequent purchasers and/or creditors of the existence of lien rights, ffM from time to dme may record a Notice of Uen or in the pubife records for the Ourpose of evidencing the lien established by this Article and the priority of the Notice of Uen shall be based on the time and date of recording the Notice of Uen In the public records. Any sum reMecbed in any Notice of Uen not paid within 30 days after Its due date bears Interest at the What per annurtm _ rate of Interest a4pWd .by .WA MM may bring an action at law against the property owner(s) personally obligated to pay such assessment and/or or foradkne Its Hen egWst such owner's property subject to the Notice of UwL The lien for sums claimed pursuant to this Article may be enforced by judicial foreclosure In the same manner In which mortgages on real property from time to time may be foreclosed in the State of Florida. In any such foreclosure, the property owner is required to pay all cats and eWenses of fbreckmr% Including reasonable attorneys' fees. AN such costs and expenses are secured by the Ben foreclosed. Each property owner is deemed to admowledge conclusively and consent that all sums due to I= pursuant to this Article are for the Improvement and maintenance 9f any homestead thereon and that Ikn has �over any such hort>ekead Pt'CorAej L i en i'n 0 vie rvr^e Pur r s d IS C I oSu re. on CGn'�- Cie I— n 9 or t--h " a l s o c,j ed bi o" d OP 14- P Prz, �Q , :,_L- .-- C A ate. A�G.n �' OGtn O1�Ce 6 f rreervi eor Pi a r k e- t 6a� h rAII �r1 Y(,JA 1 OCe�r. (�, k /� ,— Print FW: NNK Line Extension Agreement From: Wendy Cook (wcooklaw@outlook.com) Sent: Sun 11/15/15 10:33 AM To: 'Anne Press' (annempress@hotmail.com) From: Wendy Cook [mailto:wcooklaw@outlook.com] Sent: Monday, September 21, 2015 6:05 PM To: mbakkeloo@hotmail.com Subject: NNK Line Extension Agreement Hi Mary, DOM ri) ef) Man nle., Co << , he e-1 NOV.I7 I spoke with Lynne Tejeda at Keys Energy and discussed the chance of amending the Line Extension Agreement to accommodate our concerns regarding certain terms. As you and I discussed, these amendments would serve to benefit all NNKPOA members, not just my clients. She suggested that we would increase our likelihood of success if we presented a unified front to the Board. When we spoke last you stated that you would not be willing to present this opportunity to the members until after the meeting set for mid -October re: the sewage issue. If you change your mind before then pls feel free to contact me. I think we can negotiate a win -win for all parties. I believe this is your chance to get some of the terms (that you agreed were egregious in the first place) out of the agreement. Additionally your members will get money in the pot, KES will get new customers and my clients will get commercial power. There really is no downfall that I can see. I look forward to speaking with you. Kind Regards, County Commissioners and Mr Mayor I am here to address my concerns with the current waste water proposal and its affect on solar homes. In this proposal the solar homeowner is tasked with determining when and how the sewerage storage tank is to be pumped, due to the inability of the upgraded inverters to handle multiple loads such as the use of a water pump, washing machine, or air conditioner when the grinder pump is started. This proposal requires a technically savvy person to monitor their waste water levels, determine if there current battery storage is capable of running the grinder pump, and start up the generator when necessary. Let me explain the proposed solution, an alarm will go off when the storage tank is full, at which time a technically savvy person must ensure no additional loads are or will be present when he manually turns on the grinder pump to empty his storage tank. If the battery level is too low when the tank is full, the homeowner must first run his generator. This is the scenario which exists after the homeowner goes through great expense to upgrade their systems. This is a very time consuming process This scenario requires a technically savvy person to be present in his home whenever it is occupied and the training to complete these tasks is extensive. I have a 14 year old generator which has been down for repairs several times in the past few years and was out of service for 3 months last year, I can get by without its service now, but will need it operational at all times under this proposal. This proposal does not take into account in its cost analysis the need for a spare inverter and the high maintenance and fuel costs associated with reliance on a generator. Throughout the Keys homes are connected to the wast water system without the connected homes required to provide any power and homes connected to commercial power are compensated for there electric usage. It is outrageous that people on extremely limited electrical power budgets are asked to engage in this expensive and time consuming non -solution. This is not the solution which you approved several months age when you were told all but two homes could run this system and the cost would be under $1500 and we would operate like everyone else. In summary this proposal is unacceptable for the following reasons: 1. It incurs high initial and maintenance cost to the homeowner 2. It requires technically savvy person to be present in the home at all times 3. It is very time consuming 4. Failure of a system or subsystem will result in a public health risk _mt 6m,*W- d1 Close FwVz,No Name Key Revision to replace last revision From: m (sailawaylc@aol.com) Sent: Sun 11/15/15 10:46 PM To: annempress@hotmail.com Alov. 17 2o%Sr CF_cls l r --Original Message— From: m <sailawaylc@aol.com> To: carruthers-heather <carruthers-heather@monroecounty-fl.gov>; kolhage-danny <kolhage-danny@monroecounty fl.gov>; murphy-sylvia <murphy-sylvia@monroecounty-fl.gov.> Cc: wcooklaw <wcooklaw@outlook.com> Sent: Sun, Nov 15, 2015 7:45 pm Subject: No Name Key Good morning, I am writing this email on behalf of my father, Edward Cook, who owns a home located at 1931 Spanish Channel Drive, No Name Key, Florida. My sister, Wendy Cook, and I have been trying to assist him in complying with the mandate to connect to the central sewage system. We feel the need to clarify our position on electric hook up, the FKAA line extension agreement and the sewage connection. We do understand that our solar power will not be able to handle the demands placed upon it by the energy requirements of a grinder pump. We have met with Mr. Wilson in order to modify the pumps to work with sewage. The most recent report suggests that No Name Key residents have a back up generator to run these pumps. We do not have a back up generator to run these pumps. In fact, we only have a small portable 1500 generator which is not designed for constant use. We also realize that we will be left with unpleasant back up sewage in our homes during peak times with limited solar energy if the present proposal is adopted. These grinder pumps are not compatible with solar energy. We do understand that KES has stated that it will not power the pumps from their own poles. We also understand that gravity fed pumps are not being considered for No Name Key. In light of these realities, we are exploring the reality of hooking up to the electric grid. It has been insinuated that we do not want to pay our fair share in order to hook up to the electric company. This is untrue. We will pay for the energy necessary to power the grinder pumps but subject to a fair and reasonable Line Extension Agreement. Although we recognize that sustainable living may be a life style choice with an associated cost, we feel that the terms of this agreement are punitive and violate our property rights. Our request is simply to amend Extension Agreement #746 (as amended on 7/24/2013) by deleting/modifying a few unconscionable terms: 1. Delete the waiver of our homestead protection (XVI). 2. Delete KES' ability to place a lien our property. 3. Delete the ability of KES to foreclose upon our property. 4. Add the statement from KES' own policy that states that the Line Extension Agreement, entered into by KES and the Customer shall terminate (10) years from the date of the original extension. 5. Limit our liabilty exposure to the five poles in the CRBA that we mutually share In September, we reached out to Lynne Tejeda at Keys Energy and discussed the chance of amending the Line Extension Agreement. She suggested that we would increase our likelihood of success if we presented a unified front to the KES Board. Therefore we reached out to Mary Bakke with the NNKPOA. Ms. Bakke agreed that numbers 1 and 2 above would serve to benefit all NNKPOA members, not just us. She advised sewqige issue was resolved. It is our belief that we can compromise to make this agreement right for all parties. In so doing, the current partifpants in the agreement receive reimbursement towards their initial investment, KES will get new paying customers and we will have the needed power to run the grinder pumps. This would be a win -win agreement for all parties involved. I thank you in advance for your consideration and direction in resolving this issue. Sincerely, Christine Coo