Item C34 C34
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: C34
2023-1493
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Knight
AGENDA ITEM WORDING: Ratification of a Blanket Easement on the portion of the Marathon
Airport property to the Florida Keys Electric Cooperative (FKEC). The easement is required for the
purpose of installing electric service for the new Emergency Operations Center (EOC)being
constructed on the Marathon Airport.
ITEM BACKGROUND:
The new EOC being constructed on the Marathon Airport property requires new electric service from
FKEC, including underground conduits, transformer, electric meter and associated infrastructure. This
blanket easement will allow FKEC to install and maintain its electric service equipment and is limited
to that portion of County airport property being used by the new EOC. The attached easement
document was prepared as required by FKEC. It has been reviewed by the County Attorney's office
and has been signed by Mayor Craig Cates. Upon ratification by the BOCC, the easement will be
recorded with the Clerk of Court.
PREVIOUS RELEVANT BOCC ACTION:
4/19/23 Approval of Third Amendment to the Construction Manager at Risk(CMAR)
agreement
2/15/23 Approval of Task Order for Grant Administration Services with WSP USA, Inc
1/18/23 Approval of Second Amendment to the Construction Manager at Risk(CMAR)
agreement with Ajax Building Company to clarify
language in the County's Partial Release of Liens form which is required with
each pay application. No changes to the funding
are proposed.
1/18/23 Approval of a Second Amendment to the current agreement with Architects Design
Group (ADG) at a cost of $30,770.00 to
add Plan Revisions and Threshold Inspections
11/15/22 Ratification of a Task Order with Carr, Riggs & Ingram, LLC to perform pay
app reviews for EOC
11/15/22 Resolution delegating Purchasing Authority above $50k to the County Administrator
for ODP's
1885
9/21/22 Approval of HMGP Grant Agreement Modification#3 with FDEM for the EOC (Phase
I)
9/21/22 Task Order with Carr, Riggs &Ingram, LLC for the EOC project
9/21/22 Approval of a Task Order with Jacobs to Provide a Resident Project
Representative(RPR) for the EOC
8/17/22 Approval of the 1st Amendment to the CMAR agreement with Ajax Building
Co. to construct the EOC in order to
adjust the guaranteed maximum price(GMP) to account for price escalation of
labor and materials.
7/20/22 Approval of a new grant agreement in the amount of $9,665,951.73 between the
County and the Florida Division
of Emergency Management (FDEM) to construct the new Emergency Operations
Center in Marathon.
1/21/22 Rescind/replace Modification#2 to the HMGP grant agreement which was revised to
reinstate and extend the agreement.
The original Modification#2 only extended the date.
12/8/21 Approval of third amendment to the pre-construction services contract with Ajax
Building Company, LLC
to add the costs of an extended pre-construction period.
12/8/21 Approval of Modification#2 to the HMGP grant agreement extending the completion
date of the grant to May 31, 2022
and increasing the grant amount by $44,581.12, for HMGP agreement#4337-66-R
with the Florida Department of Emergency
Management(FDEM)
11/3/21 Approval of CMAR agreement with Ajax Building Company, LLC for the construction
of the Emergency Operations Center.
5/19/21 Approval of a grant agreement amendment (Modification #1 to the direct
appropriation grant agreement) with the
Florida Division of Emergency Management to receive state funded appropriations
for Local Emergency Management
and Mitigation Initiatives assistance number 31.064 (Agreement Number 19-SP-10-
11-54-01-237) in the amount
of$5,900,000.00, and approval of a resolution authorizing the County Administrator to
sign all amendments, modifications,
and other necessary documents including reimbursement requests for this grant. The
original period of time was July 1, 2018 -
June 30, 2021. This amendment extends the end date to June 30, 2023.
12/9/20 Approval of Modification # 1, extending the completion date of the grant, of a
Hazard Mitigation Grant Program (HMGP)
agreement # 4337-66-R with FDEM which provides design funding, in the amount of
$916,071.21 for the Emergency Operations
Center(EOC) at the Marathon airport.
10/21/20 Approval of Second Amendment to the Agreement for Pre-Construction
Services with Ajax Building Company, LLC
in the amount of $265,591.00 for the Emergency Operations Center to add the
scope and cost of the DAV building demolition.
10/21/20 Approval of a First Amendment to the Agreement with Architects Design Group /
ADG, Inc. (ADG), in the amount of
$2,818,325.00, for design through construction administration of an Emergency
Operations Center (EOC) in Marathon.
1886
5/20/20 Approval of a no cost Amendment to the Agreement for Pre-Construction
Services with Ajax Building Company, LLC
for the Emergency Operations Center to remove certain contract provisions that
were not required at the pre-construction stage.
4/15/20 BOCC approved an Agreement with Ajax Building Company, LLC to provide
Construction Manager At Risk (CMAR) services for
the Emergency Operations Center (EOC) at the Marathon Airport in the amount of
$110,000.00 through a FDOT grant.
This Agreement is for Pre-Construction Phase services.
4/15/20 Approval of Amendment No. 1 to State of Florida Department of Transportation
Public Transportation Grant Agreement
G1009 providing $4,000,000.00 in additional funding for the Non-
Aeronautical Use Building Project (Emergency
Operations Center- EOC) at the Florida Keys Marathon International Airport.
12/9/19 BOCC approved an HMGP agreement with FDEM for Phase I of a FEMA
grant in the amount of $916,071.21 to be used
for pre- construction activities for the EOC.
11/20/19 BOCC approved the recommended site location for the EOC building at the southwest
corner of the Marathon Airport.
9/18/19 Approval of a contract with Architects Design Group, Inc. (ADG) for design and
construction administration services for an
Emergency Operations Center (EOC) in Marathon; correcting contract sum
scrivener's error in Section 7.1.1 of the contract.
8/21/19 BOCC approved a revised contract with ADG which changed the name of the EOC
building to "FL Keys Marathon Airport
Non-Aeronautical Use Building" due to requirements of Monroe County's acceptance
of an FDOT grant agreement.
5/22/19 BOCC Approved award of a contract to ADG to provide design and construction
administration services for the Monroe County EOC.
3/21/19 BOCC approved staff request to negotiate with ADG a professional services
contract to provide design and construction
administration services for the Monroe County EOC.
12/19/18 BOCC approved an agreement with the Florida Department of Transportation
(Public Transportation Grant G1009) to
accept a grant in the amount of $400,000 (to be matched with $400,000 in
County funds) for the planning,permitting,
design and construction of a non- aeronautical building (EOC) to be constructed on the
SW corner of the Marathon airport property.
9/19/18 BOCC approved an agreement with the Florida State Department of Emergency
Management to accept a grant in the
amount of$5,900,000 for the design and construction of a Monroe County Emergency
Operations and Public Safety Center.
6/20/18 Approval to advertise a Request for Qualifications for professional architectural
services for a re-design through construction
administration of a new Emergency Operations Center in Marathon, in compliance with
the Code of Federal Regulations (2 CFR)
for potential Hazard Mitigation Grant Program(HMGP) funding
11/14/17 BOCC ratified a Second Amendment to the contract with ADG to develop an
updated construction estimate with
modifications to the design for a new site and slightly revised scope.
1887
10/1/09 BOCC approved a First Amendment to the contract with ADG to include
information technology needs to the design.
2/18/09 BOCC approved a contract with Architects Design Group (ADG) for the design
through construction administration of a
new EOC in Marathon.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
DOCOOO.pdf
FINANCIAL IMPACT:
None
1888
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This document was prepared by:
Florida Keys Electric Cooperative
By:Brittany Anker,Operations Administrative Assistant
91630 Overseas Hwy;P.0.Box 377
Tavernier,FL 33070-0377
SPACE FOR RECORDING ABOVE
Tax Parcel No: 00104500-000100
AK: 8571739
DISTRIBUTION RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS,that we,the undersigned grantors, (whether one or more)
PROPERTY OWNER(S): MONROE COUNTY
Mailing Address: 1100 SIMONTON STREET,SUITE 205,KEY WEST,FL 33040
Property Address: 7280 OVERSEAS HIGHWAY,MARATHON,FL 33050
in consideration of one dollar and other good and valuable considerations, the receipt of which is hereby acknowledged, do
hereby grant,bargain,sell and convey to Florida Keys Electric Cooperative Association, Inc., of P.O. Box 377,Tavernier, Florida
33070-0377, hereinafter called the "Cooperative",its successors and assigns,a perpetual Electric Utility Easement over, under,
upon and across the lands and real property situate,lying and being in the County of Monroe,State of Florida, more particularly
described as follows:
A BLANKET EASEMENT ON SAID DESCRIBED PROPERTY:
A TRACT OF LAND IN A PART OF SECTION 1,TOWNSHIP 66 SOUTH,RANGE 32 EAST,
ON KEY VACA,MONROE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT OF WAY LINE OF OLD STATE ROAD No.4A AND
THE WEST LINE OF SECTION 1,TOWNSHIP 66 SOUTH, RANGE 32 EAST, BEAR N.67"2216"E.,ALONG SAID
NORTHWESTERLY RIGHT OF WAY LINE OF OLD STATE ROAD No.4A,A DISTANCE OF 159.53 FEET TO THE POINT OF
BEGINNING;THENCE N.21"24'58"\V.,A DISTANCE OF 138.20 FEET;THENCE S.89"31'18"W.,A DISTANCE OF 22.31 FEET TO A
POINT ON THE EASTERLY RIGHT OF WAY LINE OF AVIATION BOULEVARD;THENCE N.00"30'02"\V,,ALONG SAID EASTERLY
RIGHT OF WAY LINE,A DISTANCE OF 394.30 FEET;THENCE N.89"58'24"E.,A DISTANCE OF 363.16 FEET;THENCE
&00-'05-16"E.,A DISTANCE OF 194.05 FEET;THENCE S.58"33'36"W.,A DISTANCE OF 62.02 FEET;THENCE S.00"01'36"E.,A
DISTANCE OF 127.96 FEET;THENCE S.1 1"04'09"E.,A DISTANCE OF 63.66 FEET TO A POINT ON THE NORTHWESTERLY
RIGHT OF WAY LINE OF OLD STATE ROAD No.4A;THENCE S.67"22'18"W.ALONG SAID NORTHWESTERLY RIGHT OF WAY
LINE,A DISTANCE OF 247.47 FEET TO THE POINT OF BEGINNING. CONTAINING 151,757.6 SQUARE FEET-3.48 ACRES
MORE OR LESS.
also a perpetual easement over, under, upon and across all streets, alleys, easements and rights of way in any subdivision or
recorded plat,which subdivision or recorded plat includes the said property described herein. And the right to construct,operate
and maintain an electric distribution line, system or other services unrelated to supplying electricity, on or under the above
described lands;the right to inspect and make such repairs,changes,alterations,improvements,and additions to its facilities as
the Cooperative may from time to time deem advisable including, by way of example,and not by the way of limitation,the right
to increase or decrease the number of conduits,poles,wires,cables, hand holes,transformers,and transformer enclosures;the
right to cut,trim and control the growth by chemical means,machinery or otherwise of trees and shrubbery's that may interfere
Page 1 of 3
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with or threaten or endanger the operation and maintenance of said line or system;the right to keep the easement clear of all —
buildings,structures or other obstructions except citrus trees and low-growing shrubbery that do not otherwise interfere with
Cooperative's use of the right of way easement;the right to license, permit,or otherwise agree to the joint use or occupancy of
the easement, system, or, if any of said system is placed underground, of the trench or related underground facilities by any
other utility,person,association,or corporation;and the right to enter upon,cross and use other lands of the Grantors to provide
access to the easements granted herein.
The undersigned agree that all poles,wire,and other facilities including any main service entrance equipment,installed in, upon
or under the above described lands at the Cooperative's expense, shall remain the property of the Cooperative, removable at
the option of the Cooperative. The undersigned covenant that they are the owners of the above described lands.
Grantors agree that this right-of-way easement shall run with the land, and that any abandonment of the use of the easement,
or interruption in the use of the right-of-way easement, shall not terminate or impair the interests hereby conveyed to the
Cooperative.
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IN WITNESS WHEREOF,the grantor(s) have hereunto affixed their hands and seal this... day of NROE COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS OF
JACNEe,
FORM
MONROE COUNTY, FLORIDA
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AS I NTY ATTORNEY By: ............................
Date. 8/30/23 4Ma o
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(1)Witness Signature (1)Witness Fn ad ame
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(2)Witness sign re (2)Witness Printed Name
STATE OF: PL-
COUNTY OF:
The foregoing instrument was acknowledged before me
By means of X physical presence or online
Notarization this ................. . . .......
By:
(Name of person acknowledging)
who is A personally known to me or has produced
(Type of Identification)
as identification.
"e"A.q'Xx KRYSTAL ANSON GOMEZ
Notary Pubk-State of FlwleA
Commisslos#HH 105516
my Comm.Expires Jul 6,2025
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ORIGINAL SIGNATURES,ORIGINAL 2 WITNESSES,AND ORIGINAL NOTARY REQUIRED
Page 3 of 3
From: Gomez Krvstal
To: Ballard- County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;Senior Management Team
and Aides; Liz YoncLue; InternalAudit
Cc: Gastesi-Roman;Shillinaer Bob;Williams-Jethon; Rubio-Suzanne; Pam Radloff
County—Attorney.;Allen John; Da ise Henri uez;Saenz Stephanie; Hurley Christine; Mark;Gambuzza-
Rosch
Dina; Pamela G. Hancock; Pam Radloff
Subject: Item C34 BOCC 9/20/2023 DELETION
Date: Thursday,September 14,2023 12:49:37 PM
Attachments:
Item Qj Back-up,pdf
Good afternoon,
Please be advised,the agenda item will be deleted.
"Ratification of o Blanket Easement on the portion of the Marathon Airport property to the Florida
Keys Electric Cooperative (FKEC). The easement is required for the purpose of installing electric
service for the new Emergency Operations Center(E0Q being constructed on the Marathon Airport.
The Agenda Item summary is attached.
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694 (Cell)
Courier Stop#1
Notary Public
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