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Item C15 I�`� County of Monroe �y,4 ' '�, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: C.15 Agenda Item Summary #3437 REVISED WORDING AND BACKUP: Corrected wording to "Florida Keys Aqueduct Authority" and corrected effective date and expiration date in financial Impact portion of Agenda Item Summary. BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Rob Tudor(305) 292-4416 n/a AGENDA ITEM WORDING: Approval of a 99-year lease agreement with the Florida Keys Aqueduct Authority (FKAA) for part of a parcel located at Jackson Square, owned by FKAA. This parcel will be used by Monroe County in order to construct a new Chiller Building. ITEM BACKGROUND: The current chillers on the roof of the 1980's addition to the Jefferson Browne Building provide chilled water for building cooling to the Historic Courthouse, Courthouse addition, Freeman Justice Building, Jefferson Browne 1960's and 1980's buildings, and the 1892 Historic Jail Museum. The 1980's addition to the Jefferson Browne Building has structural issues and needs to be demolished. In order to complete the demolition, the chillers must be relocated. The Florida Keys Aqueduct Authority (FKAA) owns a parcel of land south of the Freeman Justice Building facing Thomas Street on Jackson Square. In a 2016 interlocal agreement(ILA) FKAA agreed to allow use of a portion of that property for construction of a new chiller plant. The County Attorney's office recommended that ILA be replaced by a lease. As the design evolved, the area required for the chiller plant changed slightly and the need for a utility easement was identified. The lease incorporates both of these changes. Staff anticipates FKAA's approval of the lease at their July 27, 2021 Board meeting. PREVIOUS RELEVANT BOCC ACTION: June 10, 2015 — The BOCC approved a Task Order with TYLin International to design a solution to relocate the Chiller, cooling towers and the Communications Tower atop the Jefferson Browne Building. October 19, 2016 — The BOCC approves an interlocal agreement (ILA) with FKAA for use of a portion of the subject property for construction of a new chiller plant serving Jackson Square March 1, 2017 — The BOCC approved amendment 41 with TYLin International to incorporate an office space within the chiller building, to fit in Jackson Square. October 17, 2018 — The BOCC approved amendment 42 with TYLin International to remove the Communications Tower portion of the project and remove the office space, as to HARC recommendations. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval of lease DOCUMENTATION: Jackson Sq. Chiller- FKAA lease June_2021 FKAA Lease area_Exhitbit A Parcel Utility Easement_06.28.21 FKAA easement agreement to Monroe County EXHIBIT B_06.30.21 Attachment 1-Exhibit B_Avirom Survey Sketch for FKAA Lease_l 1.12.20 2016-10-19 ILA w FKAA FINANCIAL IMPACT: Effective Date: A*,-ttst4-,40-24JulL, 27,2021 Expiration Date: .1uly 3,2124july 26, 2120 Total Dollar Value of Contract: $99.00 Total Cost to County: $99 ($1 per year) Current Year Portion: $1 Budgeted: Yes Source of Funds: CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: no If yes, amount: Grant: no County Match: Insurance Required: No insurance. Additional Details: $1/year for 99 years 07/21/21 001-20501 - FACILITIES MAINTENANCE $99.00 530440 REVIEWED BY: Cary Knight Completed 07/01/2021 3:54 PM Kevin Wilson Completed 07/02/2021 9:27 AM Pedro Mercado Completed 07/02/2021 9:30 AM Purchasing Completed 07/02/2021 9:35 AM Budget and Finance Completed 07/02/2021 10:22 AM Maria Slavik Completed 07/02/2021 10:41 AM Liz Yongue Completed 07/02/2021 11:34 AM Board of County Commissioners Pending 07/21/2021 9:00 AM C.15' i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: C.15 Agenda Item Summary #3437 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: STAFF CONTACT: Rob Tudor(305) 292-4416 n/a AGENDA ITEM WORDING: Approval of a 99-year lease agreement with the Florida Key Aqueduct Authority (FKAA) for part of a parcel located at Jackson Square, owned by FKAA. This parcel will be used by Monroe County in order to construct a new Chiller Building. ITEM BACKGROUND: The current chillers on the roof of the 1980's addition to the Jefferson Browne Building provide chilled water for building cooling to the Historic Courthouse, Courthouse addition, Freeman Justice Building, Jefferson Browne 1960's and 1980's buildings, and the 1892 Historic Jail Museum. The 1980's addition to the Jefferson Browne Building has structural issues and needs to be demolished. In order to complete the demolition, the chillers must be relocated. The Florida Keys Aqueduct Authority (FKAA) owns a parcel of land south of the Freeman Justice Building facing Thomas Street on Jackson Square. In a 2016 interlocal agreement(ILA) FKAA agreed to allow use of a portion of that property for construction of a new chiller plant. The County Attorney's office recommended that ILA be replaced by a lease. As the design evolved, the area required for the chiller plant changed slightly and the need for a utility easement was identified. The lease incorporates both of these changes. Staff anticipates FKAA's approval of the lease at their July 27, 2021 Board meeting. PREVIOUS RELEVANT BOCC ACTION: June 10, 2015 — The BOCC approved a Task Order with TYLin International to design a solution to relocate the Chiller, cooling towers and the Communications Tower atop the Jefferson Browne Building. October 19, 2016 — The BOCC approves an interlocal agreement (ILA) with FKAA for use of a portion of the subject property for construction of a new chiller plant serving Jackson Square March 1, 2017 — The BOCC approved amendment 41 with TYLin International to incorporate an office space within the chiller building, to fit in Jackson Square. October 17, 2018 — The BOCC approved amendment 42 with TYLin International to remove the Communications Tower portion of the project and remove the office space, as to HARC recommendations. CONTRACT/AGREEMENT CHANGES: Packet Pg.827 C.15 n/a STAFF RECOMMENDATION: Approval of lease DOCUMENTATION: Jackson Sq. Chiller- FKAA lease June_2021 FKAA Lease area_Exhitbit A Parcel Utility Easement_06.28.21 FKAA easement agreement to Monroe County EXHIBIT B_06.30.21 Attachment 1-Exhibit B_Avirom Survey Sketch for FKAA Lease_l 1.12.20 2016-10-19 ILA w FKAA FINANCIAL IMPACT: Effective Date: August 1, 2021 Expiration Date: July 31, 2120 Total Dollar Value of Contract: $99.00 Total Cost to County: $99 ($1 per year) Current Year Portion: $1 Budgeted: Yes Source of Funds: CPI: n/a Indirect Costs: n/a Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: no If yes, amount: Grant: no County Match: Insurance Required: No insurance. Additional Details: $1/year for 99 years 07/21/21 001-20501 - FACILITIES MAINTENANCE $99.00 530440 REVIEWED BY: Cary Knight Completed 07/01/2021 3:54 PM Kevin Wilson Completed 07/02/2021 9:27 AM Pedro Mercado Completed 07/02/2021 9:30 AM Purchasing Completed 07/02/2021 9:35 AM Budget and Finance Completed 07/02/2021 10:22 AM Maria Slavik Completed 07/02/2021 10:41 AM Liz Yongue Completed 07/02/2021 11:34 AM Packet Pg.828 C.15 Board of County Commissioners Pending 07/21/2021 9:00 AM Packet Pg.829 C.15.a LEASE AGREEMENT FLORIDA KEYS AQUEDUCT AUTHORITY MONROE COUNTY THIS LEASE AGREEMENT is made and entered into on this 27th day of July 2021, by and between the FLORIDA KEYS AQUEDUCT AUTHORITY, an independent special district of the State of Florida, hereinafter referred to as "FKAA", whose address is 1100 Kennedy Drive, Key West, FL 33040, and MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Lessor" or "County", whose address is 1100 Simonton Street, Key West, FL 33040. WHEREAS, FKAA is the owner of a secured parking lot parcel adjacent to and south of the Freeman Justice Center in Jackson Square in the City of Key West; and WHEREAS, the County has a need for a buildable parcel for permanent placement of the E relocated Jefferson Browne Cooling Tower and Chiller Station, and 2 WHEREAS, FKAA is willing to lease said parcel to the County; now, therefore IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter 0 contained, the parties hereto do hereby agree as follows: 2 1. Premises. FKAA hereby leases an approximately 1752 sq. ft. (46.5' x 37.67')parcel located at Thomas Street, Key West, Florida. The premises are leased in an as is condition. The County may develop the premises depicted in Exhibit A,to accommodate a Chiller Cooling Tower and Chiller Station. FKAA also grants to the county a utility easement, attached as Exhibit B for connectivity to local electric and other chiller needs for the Jackson Square buildings. The County shall be responsible for the administration, design, planning, development, installation, construction, implementation, control, maintenance and operation of the Chiller station. The County shall retain ownership of all improvements on the premises including,but not limited to, the Chiller Building, Chiller tower, Chiller station, Chiller lines, etc. a� The County, its employees, agents, and suppliers shall have the right of ingress and egress to and from the leased premises 24 hours a day, 365 days a year. Such access shall not be unreasonably ) restricted by FKAA. y The County shall provide three (3) parking spaces for FKAA either in the area that the County is demolishing adjacent to the premises or in the County's main parking lot on 521 Thomas Street. In the event FKAA needs to access its facilities with a crane or other maintenance equipment FKAA shall provide a 24 hour courtesy notice to the County. Page 1 of 8 Packet Pg.830 C.15.a 2. Term. The term of this agreement shall be ninety-nine(99)years commencing on July 27, 2021 and terminating on lub 26 ,2120. 3. Termination. =� This Agreement may be terminated by either parry due to a breach of any of the provisions of CO this Agreement if, after written notice of the breach is delivered to the other parry, the other parry does not cure the breach within fifteen (15) days following delivery of notice of breach. If the nature of the default/breach is such that it cannot be cured in 15 days, the parry in default/breach shall inform the other parry in writing of the reason why the default/breach cannot be cured in 15 days and shall provide a written plan showing how the default/breach will be cured in a timely manner. If the parry in default/breach has not corrected the default/breach at the end of the 15 days or if after having provided a cure plan, which the parry in default/breach has failed to timely and diligently execute, then the other parry may cancel the lease in its discretion. 4. Rent. The rent for the premises shall be $1.00 per year. 5. Relationship of Parties The FKAA is an independent special district of the State of Florida and not an agent, contractor, or servant of the County. The FKAA shall have no authority whatsoever to act on behalf of or as an agent of the County in any promise, agreement or representation other than as 0 specifically provided for in this Agreement. The County shall have no authority whatsoever to act on behalf of or as an agent of the FKAA in any promise, agreement or representation other than as specifically provided for in this Agreement. The FKAA shall have no obligation with respect to the County's Chiller Station other than as specifically provided for in this Agreement. 6. Hold Harmless. The FKAA, as a state agency or subdivision defined in Section 768.28, Florida Statutes agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortious actions, which result in claims or suits against either County or FKAA, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions, or intentional tortious acts. m The County, as a political sub-division of the State of Florida, as defined in Section t� 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tortious acts, which result in claims or suits r_ against either the FKAA or County, and agrees to be liable to the statutory limits for any Ch damages proximately caused by said acts or omissions, or intentional tortious acts. Nothing contained in this Section shall be construed to be a waiver by either party of any a protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. Page 2 of 8 Packet Pg.831 C.15.a 7. Public Records Compliance. The parties must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and FKAA shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in 6 its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and FKAA in conjunction with this Lease and related to Lease performance. FKAA shall have the right to unilaterally cancel this Lease upon violation of this CO provision by the Lessee. Failure of the County to abide by the terms of this provision shall be deemed a material breach of this Lease and the FKAA may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The County is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this Lease, the County is required to: a) Keep and maintain public records that would be required by the FKAA to perform the E service. 2 b) Upon receipt from FKAA's custodian of records, provide FKAA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Lease term and following completion of the Lease if the County does not transfer the records 2 to the FKAA. d) Upon completion of the Lease, transfer, at no cost, to the FKAA all public records in �-- possession of the County or keep and maintain public records that would be required by FKAA to perform the service. If the County transfers all public records to the FKAA upon completion of the contract, the County shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the County keeps and maintains public records upon completion of the Lease, the County shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the FKAA, upon request from FKAA's custodian of records, in a format that is compatible with the information technology systems of the County. e) A request to inspect or copy public records relating to a FKAA contract must be made directly to the FKAA, but if the FKAA does not possess the requested records, the FKAA shall immediately notify the County of the request, and the County must provide the records to the FKAA or allow the records to be inspected or copied within a reasonable time. r- If the County does not comply with the FKAA's request for records, FKAA shall enforce the public records contract provisions in accordance with the contract, notwithstanding FKAA's option and right to unilaterally cancel this contract upon violation of this provision by the County. An entity who fails to provide the public records to FKAA or pursuant to a valid public a records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. �t Page 3 of 8 Packet Pg.832 C.15.a County shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE COUNTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS LEASE, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, 8. FKAA's Representation. FKAA does not make any representations or warranties regarding the premises beyond those set forth in this agreement. The taking of possession of the premises by the County is conclusive evidence that the premises were in good and satisfactory condition when the County took possession. 9. Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is E expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended 2 (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the cn basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or r- expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 10. Severability If any term, covenant, condition or provision of this Agreement (or the application E thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent Page 4 of 8 Packet Pg.833 C.15.a permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The parties agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 6 11. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure CO to the benefit of the FKAA and the County and their respective legal representatives, successors, and assigns. c 12. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. E 13. Cooperation. 2 In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, FKAA and County agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The parties specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 2 14. Covenant of No Interest. -- FKAA and County covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and the only interest of each is to perform and receive benefits as recited in this Agreement. 15. Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 16. No Solicitation/Payment. r- FKAA and County warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, County agrees that FKAA shall have the right to terminate this Agreement without liability and, at its discretion, to C offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. Page 5 of 8 Packet Pg.834 C.15.a 17. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the FKAA and the County in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the parties be required to contain any provision for waiver. CO a� 18. Privileges and Immunities. to All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. E a� 19. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the FKAA and County agree that neither the FKAA nor County or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, 2 entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. -- cv 20. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 21. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. r_ 22. Paragraph Headings. Paragraph headings herein are intended only to assist in reading identification and are not in limitation or enlargement of the content of any paragraph. 23. Notices. Any notice of other communication from either party to the other pursuant to this agreement is sufficiently given or communicated if sent by registered mail, with proper postage and registration fees prepaid, addressed to the party for whom intended, at the following addresses: Page 6 of 8 Packet Pg.835 C.15.a For FKAA: For County: Mr. Kerry G. Shelby, Executive Director Mr. Roman Gastesi, County Administrator Florida Keys Aqueduct Authority Monroe County 1100 Kennedy Drive 1100 Simonton St. Key West, Fl. 33040 Key West, Fl. 33040 And County Attorney's Office t� 1111 12t'St., Suite 408 Key West, Fl. 33040 or to such other address as the party being given such notice shall from time to time designate to the other by notice given in accordance herewith. 24. Governing Law, Venue, Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the 2 State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the FKAA and County agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. c The FKAA and County agree that, in the event of conflicting interpretations of the terms �-- or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 25. Attorney's Fees and Costs. The FKAA and County agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. r_ 26. Mutual Review. This agreement has been carefully reviewed by the FKAA and the County. Therefore, this agreement is not to be construed against either party on the basis of authorship. a� 27. Final Understanding. This agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This agreement cannot be modified or replaced except by another written and signed agreement. Page 7 of 8 Packet Pg.836 C.15.a (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By By As Deputy Clerk Mayor Michelle Coldiron ATTEST: THE FLORIDA KEYS AQUEDUCT AUTHORITY By Kerry G. Shelby P I E COUNTY Ft}nNEY E P.EDJ40,#. E AS6 �5 ATTORNEY Date 7/1/21 0 2 cv CD cv Cr C 0 Page 8 of 8 Packet Pg.837 10!enoaddy} 6z-sz,90 ivawase-q Aimin laaaed y;!q;!gx-q®eaae asea-1 VVbJ-A :;uawgoe;jy ace ui 00 a ds Y Vr; (L 04 CIO LL rah _ Ci ,50'P11911C R/N •g Y s (PER CITY OF KEY WEST ENCINEERING DEPARTMENT R1GN,OF—WAY MAP, DATED MAY 26, 0,955) 7.50' WHITENE4D STREET ° S 34°10'2 "E " SOUTH AESIERLY R/W uve o _ a 9h a {3w ^� ccaU� t .ez lei ° CL z IL r d © � � Ln8 T c a4 w LO a S °10`2 E 44.0fl' o ' (D a r a �kUiEwo L6, 4Z/ ElmCL ............. . cnLu 5.00" N 4°10' r MWTHEkSTERGYRIWvNE (BEARING BASE) ��� f(Egnmenk) ° � a. THOMAS STREET 50'PUBLIC'RIW � (PER CITY OF KEY KST EPONEERWC DEPARNENT RlGNT-(3F WAY'MAP, DATED aAY 26, 1955) u'7 z 9 lu C.15.c Monroe County/FKAA Lease Agreement Exhibit GRANT OF EASEMENT THIS Grant of Easement made this day of 2021 between the Florida 0 Keys Aqueduct Authority (FKAA),whose address is 1100 Kennedy Drive, Key West, FL 33040, herein called the Grantor, and Monroe County (County), a political subdivision of the State of Florida, herein called the Grantee,whose address is 1100 Simonton Street,Key West,Florida,33040. WHEREAS,the FKAA owns a parcel of land in the Jackson Square Government compound adjacent to the Freeman Justice Center,and WHEREAS, the FKAA has agreed to lease a portion of its parcel to the county for purposes of y constructing an air conditioning chiller building;and 0 WHEREAS, in addition to the land lease,the County has requested and the FKAA has agree to grant a > utility easement through the FKAA parcel for purposes of running utility lines to and from the chiller building to the Jackson Square complex as well as to and from the Freeman Justice Center N NOW THEREFORE,in consideration of the foregoing: i L FKAA hereby grants and conveys to the County a perpetual utility easement(which can be over, under and across the easement premises), including the right to ingress and egress to as the easement, for construction, reconstruction, alteration, maintenance and repair (to the w extent the County considers desirable) of pipes and other necessary or desirable appurtenances to and/or for a utility system and/or utility facilities, the easement premises lying within parcel i.d.4 00010110-000000 and more particularly described on the utility is easement sketch and description from Avirom & Associates, Inc., dated 11/12/20 and 0 attached hereto as Attachment 1 to Exhibit B. 0 0 2. The rights herein granted to County by FKAA specifically include the right:(a)for County to inspect,alter, improve, add to, repair, rebuild, relocate, and remove said Facilities; (b) of ingress and egress over the E easement area and over portions of FKAA's adjoining property for the purpose of exercising the rights 2 herein granted, (c)to trim, cut or remove from the easement area, at any time,trees, limbs,undergrowth, structures or other obstructions;(d)to trim,cut or remove and to keep trimmed or remove dead,diseased, E weak or leaning trees or limbs outside of the easement area which, in the opinion of County, might interfere with or fall upon the easement area;(e)and all other rights and privileges reasonably necessary or convenient for County's safe,reliable and efficient installation, operation,and maintenance of the utilities and for the enjoyment and use of the easement for the purposes described herein. Failure to exercise the rights herein granted to County shall not constitute a waiver or abandonment. Page 1 of 2 N69450-10-RP-00103 Packet Pg.839 C.15.c 3. All work in connection with the installation, service, and maintenance of the utilities and the utility easement shall be done without cost or expense to the FKAA. ca 4. The County shall maintain the Premises in good condition at all times and shall promptly make all repairs thereto that may be necessary for the preservation of the condition of the Premises and the continued 0 maintenance of the access and utility line easement 5. The grant of this easement in no way restricts the right and interest of the FKAA to grant other easements or make other uses of the property described above so long as said grants or uses are not inconsistent with the County's rights under this instrument. 6. County shall,to the extent allowed under Florida Statute§768.28,indemnify and hold harmless the FKAA from and against any loss, damage, injury, debt or expense, claimed or asserted by any person or entity, y arising out of County's installation or use of the easement described above,except to the extent any such loss, damage, injury, debt or expense is incurred as a direct result of a willful or negligent act or omission attributable to the FKAA or its agents, employees, or contractors. Nothing herein shall be construed as expanding any liability of the County beyond that provided in Florida Statute §768.28 relating to sovereign immunity. W N Execution by the Contractor must be by a person with authority to bind the entity. Ci SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. CDI WITNESS: GRANTOR: FLORIDA KEYS AQUEDUCT AUTHORITY w i Printed Name By Kerry G. Shelby Signature c 0 STATE OF: 0) COUNTY OF: 2 Subscribed and sworn to (or affirmed)before me, by means of❑ physical presence or ❑ online notarization, on (date)by (name of E affrant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY PUBLIC Page 2 of 2 N69450-10-RP-00103 Packet Pg.840 C.15.d ff ienf 1 to Sketch & Description Exhibit B Portion of JACKSON SQUARE (Described in Deed Book G-64, Page 78) UTILITY EASEMENT CITY OF KEY WEST, MONROE COUNTY, FLORIDA — 0 SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of c Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are E Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description of the Parent Tract shown hereon is in accordance with the deed described it Deed Book G-64, Page 78, recorded in the Public Records of Monroe County, Florida. 4. The legal description of Parcel A was prepared by the surveyor. 5. No underground improvements were located. 6. Bearings shown hereon are assumed with the northeasterly right—of—way line of Thomas Street havinc a bearing of N 34'10'26" W. 7. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary W cv survey. CN 8. This map is intended to be displayed at a scale of 1"=20' (1:240). 9. Abbreviation Legend: �= Centerline; L.B.= Licensed Business; M.C.R.= Monroe County Records; P= Per Record Plat; P.B. = Plat Book; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; P.S.M. = Professional Surveyor & Mapper; R= Record; R/W = Right—of— Way. i CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and . correct to the best of my knowledge and belief as prepared under my direction. I F�,RTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth 1 ,4 h pt rs ,,5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. " y Date: November 13,2020 ` LU AKEI H M.%, CIE -A7 T W, P.L.S. Digitally signed by Keith M.Chee A Tow,P.L.S. Florida `�i�' ,I traiion .I�lo._.5328 � I p w Date:2020.1 1.13 09:18:02-05'00' - AVIROM A; SOO.OES'. INC. L.B. No. 330 EMAIL: keith dviromsurvey.com REVISIONS AVIROM&ASSOCIATES, INC. �oB#: 10128�.2 E cr&ASSO� SURVEYING & MAPPING SCALE: N/A �� i9 50 S.W.2nd AVENUE,SUITE 102 DATE: 11/12/2020 a m BOCA RATON,FLORIDA 33432 BY: K.C. TEL.(561)392-2594,FAX(561)394-7125 CHECKED: K.M.C. www.AVIROMSURVEY.com FS.�gBL/SHED�9g1 ©2020 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. NIA PG. N/A This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. I SHEET. Packet Pg.841 C.15.d Sketch & Description Portion of JACKSON SQUARE (Described in Deed Book G-64, Page 78) UTILITY EASEMENT CITY OF KEY WEST, MONROE COUNTY, FLORIDA = LAND DESCRIPTION: 0 Parent Tract (Per Deed Book G-64, Page 78) A parcel or tract of land in JACKSON SQUARE in the City of Key West, Florida, according to William A. Whitehead's Map of the Island of Key West and more particularly described as follows: COMMENCING at the intersection of the northwesterly property line of Southard Street and the northeasterly E property line of Thomas Street, run Northwesterly along the northeasterly property line of Thomas Street for a distance of 217.0 feet to the Point of Beginning of the parcel or tract of land hereinafter described; from said Point of Beginning, continue Northwesterly along the northeasterly property line of Thomas Street for a y distance of of 75.25 feet to a point; thence at right angles and Northeasterly and parallel with Southard Street for a distance of 152.42 feet to a point; thence at right angles and Southeasterly and parallel with Thomas Street for a distance of 142.25 feet to a point; thence at right angles and Southwesterly and parallel with Southard Street for a distance of 22.42 feet to a point; thence at right angles and Northwesterly and parallel with Thomas Street for a distance of 67.0 feet to a point; thence at right angles and Southwesterly and parallel with Southard Street for a distance of 130.0 feet back to the Point of Beginning. cv Said lands lying and situate in the City of Key West, Monroe County, Florida, containing 12,972 square feet (0.298 acres), more or less. LAND DESCRIPTION: Utility Easement A Utility Easement being a portion of the above described lands, within JACKSON SQUARE in the City of Key West, Florida, according to William A. Whitehead's Map of the Island of Key West more particularly described as follows: i COMMENCING at the intersection of the northwesterly property line of Southard Street and the northeasterly -92 property line of Thomas Street, run Northwesterly along the northeasterly property line of Thomas Street for a distance of 240.75 feet to the Point of Beginning of the Utility Easement hereinafter described; from said Point of Beginning, continue Northwesterly along the northeasterly property line of Thomas Street for a distance of 5.00 feet to a point; thence at right angles and Northeasterly and parallel with Southard Street for a distance of 37.67 feet to a point; thence at right angles and Northwesterly and parallel with Thomas Street for a distance of 46.50 feet to the north line of the lands described in Deed Book G-64, Page 78 of > the Public Records of Monroe County, Florida; thence at right angles and Northeasterly along said north line l and parallel with Southard Street for a distance of 114.75 feet to the southwesterly right—of—way line of Whitehead Street; thence at right angles and Southeasterly along said right—of—way line for a distance of 7.50 feet; thence at right angles and Southwesterly and parallel with Southard Street for a distance of 109.75 UJI feet; thence at right angles and Southeasterly and parallel with Thomas Street for a distance of 44.00 feet; thence at right angles and Southwesterly and parallel with Southard Street for a distance of 42.67 feet back to the Point of Beginning. Said lands lying and situate in the City of Key West, Monroe County, Florida, containing 1,268.98 square feet (0.03 acre), more or less. REVISIONS AVIROM&� ASSOCIATES, INC. ooB#: 101283.2 E cr a ASSOC SURVEYING & MAPPING SCALE: 1"=20' �� 50 S.W.2nd AVENUE,SUITE 102 DATE: 11/12/2020 a y BOCA RATON,FLORIDA 33432 BY: K.C. TEL.(561)392-2594,FAX(561)394-7125 CHECKED: K.M.C. www.AVIROMSURVEY.com �ST'QBL/SHED 19g1 ©2020 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. NIA PG. N/A This sketch is the propert of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. SHEET: Packet Pg.842 C.15.d m Cn O z Cn m CJ 0 (5561 9Z (Vn 031VG dVn.(VM-40 1HOIY 1N3nL&Vd30 ON12133N1ON3 1S344 (3>1 30 (1/0 83d) Avg?° M/2/ ?17on.( ,OS y 1334/1S SIfMfOHI ° 0 3) 7 0�o S31d�A (3SV9 0N12lV3B) 3N17 M18 A7&3LSV3H1b 'g'O'd M u9(aON t£ N y �O Zv M o cn INss ova M „9Zol.l N_ .00'9 Qy o 'w -- -- -- — o n W �/+ 5L"3a 05"9v N � n � � o I z U ° 0 o ro a r:yR1 Cn Cn Cn W 1 ('bw 9L O Cn w t> � m -0 m o `b9-9 )1009 0330) > > > 41 I NOILYOd 9N1NIM3N T i O >�8 w O ° m m n o b3�lIH� 5z o 0 0 z O Z n c -ri ni z I ;s .09'9t M„9Z,0loK N D o o m '� CN n a7 w =r i m I � �m 2 0 0 0 C-li Q.�v OWrn zcn r� � ^�io� 00 00 0 r g�� � rvo � � t3 I � �� 7 �+ rno � cn y N c� 1 -<o� > .00 �V 3 „9Z,06oti£ S z �I io m 2 n CT O 0 0 a 2 _/ I O Z D m n 0 (n Cal 0 0 o Z m y z 1 �nyi r 2 r � � o o o P C)o' 3 '� I (n� p o 4 C.0 O O 0 _ C CO o m N � � n3 � � � rh ai o Z vi O Z > Co -M na � � I� mpy cn _ Z Q CnL A v � o 0 C W o o y 0 3 D npCD (/) o v Z o II _ c OC ;rl W z o m 0 0 O Co m ry Z Z o L. �� � o m 0 o O n � m r-M O Z9 M „9a,00,f N I 0 i ;u o �m Z o 'N y ti N C) ti (.0r, CD Uj : _ C -4 cn r 00 _ __ _ - ,ICZI£f1 3„9a,Oof s --�--�-- 3N17 M18 A763LS3MHLnOS J E 3 1.9Z,06oti£ S NToWpCn m � 1��l11S Ob��H�l/HM ,oSL CO m - � > Co M D N961 90 AM 031VG dVn (VM-J0 1HOI&1N3HL(VVd30 9NI833NION3 1S3M A3>1 30 ,(1/0 83d) W M/N 0/79nd Or j O 3 o IV -n 0 Co w D o la iv Packet Pg.843 C.15.e AMY NEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY,FLORIDA DATE. November 21, 2016 ca TO: Doug Sposito, Director Project Management to ATTN: Ray Sanders `0 FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller u. r At the October 19, 2016 Board of County Commissioner's meeting the Board granted approval and r_ execution of the following Item C25 Approval of Interlocal Agreement (ILA) between Florida Keys E Aqueduct Authority (FKAA) and Monroe County for use of the Freeman Justice Center secured south parking lot parcel that is owned and operated by FKAA for the placement of the County's Chillers. y M J 0 g 0 a a Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact our office. u. 3 J r r r N cc: County Attorney Financ File U r r Q 500 Whitehead Street Suite 101,PO Sox 1980,Key West FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117Overseas Highway,Marathon,FL 33050 Phone:305-289-6027Fax-305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 Packet Pg.844 C.15.e INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND FLORIDA KEYS AQUEDUCT AUTHORITY FOR USE OF THE FREEMAN JUSTICE CENTER SECURED SOUTH PARKING LOT qK THIS INTERLOCAL AGREEMENT is entered into this �/ day of 2016, pursuant to Section 163.01, F.S., by and between Monroe County, a political subdivision of the State of Florida, (the "County"), and the Florida Keys Aqueduct Authority, an independent special district of the State of Florida, (the"FKAA"). WHEREAS, the County is authorized by Section 125.01(1)(c), F.S., to provide and maintain County buildings and facilities; and ®a WHEREAS, the FKAA was created in 1976 by the Legislature of the State of Florida, Chapter 76-441, Laws of Florida, as amended from time to time, for purposes of obtaining, supplying, and distributing an adequate supply of water to the Florida Keys, and to purchase, construct, acquire, operate, manage and control wastewater systems; and 0 WHEREAS, the County and the FKAA are authorized to enter into this Agreement and implement its provisions pursuant to Section 163.01, F.S., as amended, which permits local LL government units to make the most efficient use of their powers by enabling them to cooperate with each other for mutual advantage and to provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geographic, economic, and other factors influencing the needs and development of local communities; and as WHEREAS, the FKAA is the owner and operator of a secured parking lot parcel y located adjacent to and south of the Freeman Justice Center in Jackson Square, Key West, M identified as"Parcel A"in the legal sketch and description attached hereto as Exhibit"A"; and 0 WHEREAS, "Parcel A" has sufficient capacity for permanent placement of the 'o County's proposed Jefferson Brown Cooling Tower and Chiller Station ("Chiller Station") CL CL which will provide cooling services and a covered parking area for the buildings and facilities at the entire Government Center; and WHEREAS, the County and the FKAA staff and legal counsel have reviewed the LL conceptual plans, drawings, and renditions of the proposed Chiller Station and covered parking J area, and each have approved of the County's use of the "Parcel A" location for the installation of the Chiller Station, for which the County has appropriated the necessary funding; and r WHEREAS, the County shall be responsible for the ownership, control, maintenance, and operation of the Chiller Station; and r NOW THEREFORE, in consideration of the mutual covenants, representations, and promises set forth in this Agreement and for other good and valuable consideration each to the other, receipt of which is hereby acknowledged by each party, the County and the FKAA hereby agree, stipulate, and covenant as follows: PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this Agreement is to establish the County's permission to utilize a portion of the FKAA's parking lot "Parcel A" for ILA FOR COUNTY'S CHILLER STATION LOCATED AT FREEMAN JUSTICE CENTER SECURED PARKING LOT Page 1 Packet Pg.845 C.15.e installation and operation of the County's Chiller Station. TERM OF INTERLOCAL AGREEMENT. The term of this Agreement shall be for ninety- nine (99) years from the date of final execution, or until such time as the parties otherwise agree by a fully executed amendment to this Agreement. PROJECT AND FACILITY. The County shall be responsible for the administration, design, planning, development, installation, construction, implementation, ownership, control, maintenance, and operation of the Chiller Station. During the term of this Agreement the County shall provide three (3) parking spaces for FKAA either in the area that the County is demolishing adjacent to Parcel A or in its main parking area across Thomas Street. RELATIONSHIP OF PARTIES. The FKAA is an independent special district of the State of Florida and not an agent, contractor, or servant of the County. The FKAA shall have no authority whatsoever to act on behalf of or as agent of the County in any promise, agreement or representation other than as specifically provided for in this Agreement. The County shall have no authority whatsoever to act on behalf of or as agent of the FKAA in any promise, agreement or representation other than as specifically provided for in this Agreement. The FKAA shall have no obligation to the County with respect to the County's Chiller Station U. other than as specifically provided for in this Agreement. The County shall at no time be legally responsible for any negligence on the part of the FKAA, its employees, agents or contractors resulting in either bodily or personal injury or property damage to any individual, property or corporation. The FKAA shall at no time be legally responsible for any negligence E on the part of the County, its employees, agents or contractors resulting in either bodily or personal injury or property damage to any individual,property or corporation. y WARRANTIES, REPRESENTATIONS, AND COVENANTS. The FKAA and the County J warrant, represent, and covenant that: (a) They have the full power to enter into this o Agreement and to comply with the provisions hereof. (b) The FKAA is the owner of the g parking lot "Parcel A" that is the subject of this Agreement. (c) The County is the owner of a the proposed Chiller Station. CL INSURANCE. The parties to this Agreement stipulate that each is a state governmental agency as defined by Florida Statutes. To the extent allowed by law, each party shall be LL responsible for any acts, or omissions, of negligence on the part of its own employees, agents, contractors, and subcontractors and shall defend, indemnify and hold the other party, its J officers, and employees, agents and contractors, harmless from all claims, demands, causes of action, losses, costs and expenses, that arise out of or are attributable to arising out of such actions or omissions as it relates to and in connection with the terms and provisions of this r Agreement and the parties herein. The parties agree to keep in full force and effect the required insurance coverage during the term of this Agreement. If the insurance policies originally purchased which meet the requirements of this lease Agreement are canceled, terminated or E E reduced in coverage, then the parties must immediately substitute complying policies so that U no gap in coverage occurs. HOLD HARMLESS. To the extent allowed by law, the parties are liable for and must fully defend, release, discharge, indemnify and hold harmless the other, its members, elected officials, officers, employees, agents and contractors, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type that arise out of or are ILA FOR COUNTY'S CHILLER STATION LOCATED AT FREEMAN JUSTICE CENTER SECURED PARKING LOT Page 2 Packet Pg.846 C.15.e attributable to their own operations, omissions, or acts of negligence in connection with this Agreement. The County's and the FKAA's purchase of the insurance required under this Agreement does not release or vitiate their obligations under this paragraph. The County and the FKAA do not waive any of its sovereign immunity rights including but not limited to those expressed in Section 768.28, F.S. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. The County and the FKAA agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. COOPERATION. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and FKAA agree to participate, to the extent required by the other party, in all ° proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and FKAA specifically LL agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. COVENANT OF NO INTEREST. The parties covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive y benefits as recited in this Agreement. 0 FLORIDA CODE OF ETHICS. The parties agree that their officers and employees will be g required to comply with the standards of conduct for public officers and employees as CL delineated in Section 112.313, F.S., regarding, but not limited to, solicitation or acceptance of CL gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. U. 3 NO SOLICITATION/PAYMENT. The County and the FKAA warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or r agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the parties agree that they shall have the right to terminate this E Agreement without liability and, at its discretion, to offset from monies owed, or otherwise U recover,the full amount of such fee, commission,percentage, gift, or consideration. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Section 786.28, F.S., the participation of the County and the FKAA in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability ILA FOR COUNTY'S CHILLER STATION LOCATED AT FREEMAN JUSTICE CENTER SECURED PARKING LOT Page 3 Packet Pg.847 C.15.e coverage, nor shall any contract entered into by the County or the FKAA be required to contain any provision for waiver. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County or the FKAA, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. as LEGAL OBLIGATIONS AND RESPONSIBILITIES. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of either party, except to the extent permitted by law. U. r NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the E County and the FKAA agree that neither the County nor the FKAA or any agent, officer, or 0 employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. g EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number of CL CL counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. u. 3 TERMINATION. This Agreement may be terminated by either party due to a breach of any J provisions of this Agreement if, after written notice of the breach is delivered to the other party, the other party does not cure the breach within ten (10) days following delivery of notice of breach. The parties may terminate this Agreement upon giving sixty (60) days prior r written notice to the other party. Any waiver of any breach of covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar either party from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. Termination of this Agreement for this project shall have no effect on any other U agreement between the County and the FKAA. ASSIGNMENT. Neither the FKAA nor the County shall have the power to assign rights or obligations created by this Agreement to any third party without the prior written consent of the other party. All of the obligations of this Agreement will extend to and bind the legal ILA FOR COUNTY'S CHILLER STATION LOCATED AT FREEMAN JUSTICE CENTER SECURED PARKING LOT Page 4 Packet Pg.848 C.15.e representatives, successors and assigns of the FKAA and the County. AMENDMENT OF AGREEMENT. This Agreement may be amended only in a writing signed by an Authorized Representative of each of the parties hereto. NOTICES.Notices in this Agreement, unless otherwise specified,must be sent by certified mail to the following: For the County: For FKAA: Mr. Roman Gastesi, County Administrator Mr. Kirk Zuelch, ExecutivWirectol-0 Monroe County Florida Keys Aqueduct Auj6c�rity o ®a 1100 Simonton St. 1100 Kennedy Drive rirx Key West, FL 33040 Key West, FL 33040 mac- — MONROE COUNTYATTORNEY;= For the County: APPROVED A8�40 FORM County Attorney's Office v `0 1111 12`h Street 4"'Floor, Suite 408 RIS AMBROSIO � ASSI ANT OUN ATTORNEY U. Key West, FL 33040 r Date: r FULL UNDERSTANDING. This Agreement constitutes the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. y M J IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on their o behalf by the FKAA Executive Director and the County Mayor. g 0 CL ( 23 BOARD OF COU TY COMMISSIONERS RK OF MONROE C RID t ,r U. By.'��, 0{�el�'�s By: J puty Clerk May r a: Date: r (SEAL) THE FLORIDA KEYS AQUEDUCT 04 ATTEST: AUTHORITY By: 0 U qaA&=LClerk Kirk C.0e , Executive irector Date: FKAA Board Approved: 1 ILA FOR COUNTY'S CHILLER STATION LOCATED AT FREEMAN JUSTICE CENTER SECURED PARKING LOT Page 5 Packet Pg.849 Sketch & Description c.15.e Portion of JACKSON SQUARE (Described in Deed Book G-64, Page 78) CITY OF KEY WEST SURVEYOR'S REPORT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of Florida licensed surveyor and mapper. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there a Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subje property. No search of the Public Records has been made by the Surveyor. 3. The land description of the Parent Tract shown hereon is in accordance with the deed described Deed Book G-64, Page 78, recorded in the Public Records of Monroe County, Florida. Co 4. The legal description of Parcel A was prepared by the surveyor. 5. No underground improvements were located. 6. Bearings shown hereon are assumed with the northeasterly right—of—way line of Thomas Street havii u a bearing of N 34'10'26" W. 7. Data shown hereon was compiled from instrument(s) of record and does not constitute a bounds survey. B. This map is intended to be displayed at a scale of 1"=20' (1:240). U. 9. Abbreviation Legend: Centerline; L.B.= Licensed Business; M.C.R.= Monroe County Records; F Per Record Plat; P.B. = Plat Book; PG. = Page; P.L.S. = Professional Land Surveyor; P.O.B. = Poi of Beginning; P.O.C. = Point of Commencement; P.S.M. = Professional Surveyor & Mapper; F Record; R/W = Right—of— Way. as Q y M J 0 g 0 CL CL Q CERTIFICATION: U. I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true i correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY t this Sketch and Description meets the Standards of Practice set forth in Chapters 5J-17, Floi r Administrative Code, pursuant to Section 472.027, Florida Statutes. / � N Date: ITH M. C EE A—TOW, P.L.S. Florida Regi ation No. 5328 E AVIROM & ASSOCIATES, INC. U L.B. No. 3300 EMAIL: keithOavirom survey.com REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 10128-1 �oMB.A380—.� SURVEYING&MAPPING SCALE: 1"=20' 50 S.W.2nd AVENUE,SUITE 102 DATE: OMl-2016 6 a BOCA RATON,FLOR/DA 33432 BY: K.M.C. TEL.(561)392-2594,FAX(561)394-7125 www.AVIROMSURVEYcom CHECKED: K.M.C. `�TABC/SHED 19 ©2018 AVIROM&ASSOCIATES,INC.all dghfs reserved. F.B. N/A PG. N/A Thla south/s 0he WOperty of A-r &ASSOCIATES,INC. and should..t»reproduced or coaled without written permission. SHEET: 1 OF 3 Packet Pg.850 Sketch & Description c.15.e Portion of JACKSON SQUARE (Described in Deed Book G-64,Page 78) CITY OF KEY WEST LAND DESCRIPTION: Parent Tract (Per Deed Book G-64, Page 78) A parcel or tract of land in JACKSON SQUARE in the City of Key West, Florida, according to William A Whitehead's Map of the Island of Key West and more particularly described as follows: s COMMENCING at the intersection of the northwesterly property line of Southard Street and tht .E northeasterly property line of Thomas Street, run northwesterly along the northeasterly property line o- Thomas Street for a distance of 217.0 feet to the Point of Beginning of the parcel or tract of Ian( co hereinafter described; from said Point of Beginning, continue northwesterly along the northeasterl; property line of Thomas Street for a distance of of 75.25 feet to a point; thence at right angles ant IE northeasterly and parallel with Southard Street for a distance of 152.42 feet to a point; thence a' t� right angles and southeasterly and parallel with Thomas Street for a distance of 142.25 feet to c `0 point; thence at right angles and southwesterly and parallel with Southard Street for a distance o 22.42 feet to a point; thence at right angles and northwesterly and parallel with Thomas Street for c distance of 67.0 feet to a point; thence at right angles and southwesterly and parallel with Southarc . Street for a distance of 130.0 feet back to the Point of Beginning. 3 r Said lands lying and situate in the City of Key West, Monroe County, Florida, containing 12,972 squaec feet (0.298 acres), more or less. as LAND DESCRIPTION: M Parcel A 0 A parcel of land being a portion of the above described lands, within JACKSON SQUARE in the City @ Key West, Florida, according to William A. Whitehead's Map of the Island of Key West more particular CL described as follows: CL Q COMMENCING at the intersection of the northwesterly property line of Southard Street and tt northeasterly property line of Thomas Street, run northwesterly along the northeasterly property line i Thomas Street for a distance of 253.75 feet to the Point of Beginning of the parcel of lar u. hereinafter described; from said Point of Beginning, continue northwesterly along the northeaster property line of Thomas Street for a distance of of 38.50 feet to a point; thence at right angles or J northeasterly and parallel with Southard Street for a distance of 36.50 feet to a point; thence at rigl angles and southeasterly and parallel with Thomas Street for a distance of 38.50 feet to a poir thence at right angles and southwesterly and parallel with Southard Street for a distance of 36.50 fe back to the Point of Beginning. N Said lands lying and situate in the City of Key West, Monroe County, Florida, containing 1,405.: square feet (0.03 acre), more or less. E E U r r REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 10128-1 O�a.Asaoo� SURVEYING &MAPPING SCALE: 1"=20- y� 50 S.W.2nd AVENUE,SUITE 102 DATE: 08-01-2016 0 BOCA RATON,FLORIDA 33432 BY: K.M.C. TEL.(561)392-2594,FAX(561)394-7125 www.AVIROMSURVEY.com CHECKED: K.M.C. FSl'gB ISHED ©2018 AVIROM&prAppSaSrOryCIATES,INC.all ngMs reserved. F.B. NIA PG. N/A ���r�bereprod-i-rl Awmnartd vIATES,wm SHEET: 2 OF 3 Packet Pg.851 A . \ Sketch & Description C.15.e \ Portion of \ JACKSON SQUARE \ (Described in Deed Book G-64, Page 78) \ CITY OF KEY WEST kp \\ �52 9ti cos o s V. J�� ti► Z LL �J6LL TON , m O 9 S S� EL lk C LL -1, \ R ERA S -A �� �pR� �1��p5 \ Ol ya s\ 104 .� 20 10 0 20 \ 7f- s� SCALE IN FEET 1" = 20 REVISIONS ` AVIROM&ASSOCIATES, INC. JOB#: 10128-1 a A3300 SURVEYING &MAPPING SCALE: 1'=�0 20- �y 50 S.W.2nd AVENUE,SUITE 102 DATE: 08-01-2016 6 N BOCA RATON,FLORIDA 33432 BY: K.M.C. TEL.(561)392-2594,FAX(561)394-7125 www.AVIROMSURVEYcom CHECKED: K.M.C. FSr',B[ISHED9� ©2016 AWROM&ASSOCIATES,INC.alin4hlsr9s9rV9d. F.B. NIA PG. NIA oMe p.ppar�ydfl Anon'IN�-moum not be reproduced wtmmenpamis&w. SHEET: 3 OF 3 Packet Pg.852