Item N03 N3
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: N3
2023-1365
BULK ITEM: Yes DEPARTMENT: Administration
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson
n/a
AGENDA ITEM WORDING: Ratification of an easement signed by the County Administrator for
KEYS Energy to provide power to the PPP (public private partnership) Sheriffs Housing Project on
Trumbo Road in Key West.
ITEM BACKGROUND:
The County has a public-private partnership agreement with SPGL. LLC to provide housing for
Monroe County Sheriffs Office personnel on a County owned parcel on Trumbo Road in Key West. To
provide power, KEYS Energy requires an easement to place and maintain their equipment. As the
property owner, the County provides the easement. The locations of all equipment are determined by the
design professionals of the PPP and the utility (KEYS).
PREVIOUS RELEVANT BOCC ACTION:
18 SEP 2019 County entered agreement with City of Key West in which City conveyed this parcel
to the County.
20 MAY 2020 BOCC approved advertising for alternate proposals to the unsolicited proposal
submitted by SPGL, LLC for development of the parcel as MCSO housing.
15 SEP 2021 BOCC approved a ground lease with SPGL, LLC to develop MCSO housing on the
parcel.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
3302
K EYS Easement - Signed.pdf
FINANCIAL IMPACT:
n/a
3303
Iq
Prepared by:
Nick Batty,Esq.
Director mf Legal and Regulatory Services
Keys Energy Services
zomz James Street
Key West,pLsyn*o
GRANT OF EASEMENT
THIS GRANT OF EASEMENT(the"Agreemen\")is entered into this 27ƒh day o[ JUIY 2023by
and between WMONROE COUNTY,a political subdivision of the State ofFlorida having s mailing address of110O
Simonton Street, Key West, FL3304V(herein referred to as"Grmntur")'and THE UTILITY BOARD OF THE CITY OF
KEY WEST,FLORIDA,d/b/a Keys Energy,a municipal utility,having amailing address of100l James Street, Key
West, FL33O4O(°NEYS°or"Grantee").
WHEREAS, Grantor is the owner of certain real property(the"Property") located at 255 Trumbo Road, on
the island mf Key West in Monroe County. Florida (Monroe County RE No. 00001720-000200)' which property is
legally described on Exhibit"A"attached hereto and incorporated herein;and
WHEREAS, KEYS owns, operates, and/or intends to own and/or operate certain electrical and
communications facilities and appurtenances which are currently located or are to be located upon' over and/or
under the Property(the"|nfram%ructune°);and
WHEREAS, the parties desire to enter into this Agreement in order to provide KEYS a non-exclusive
perpetual easement over,in,under,and across the Property,together with a reasonable right of ingress and egress
over said Property,for the purposes set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and for
other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Grantor and
KEYS hereby agree asfollows:
1. This Agreement shall become effective upon the date that Grantor executes this Agreement.
Z. The foregoing recitals are true and correct and are incorporated herein byreference.
3. Grantor hereby grants to KEYS a perpetual non-exclusive easement under,over,across and upon the
Property for public utility and communications purposes.
4. KEYS shall have the right to construct, reconstruct, lay,install, operate, maintain, relocate, repair, replace,
improve' remove' and inspect the Infrastructure and all appurtenances thereto and shall have full right of
ingress and egress thereto and therefrom over and across the Property.
5� Grantor shall furnish and maintain the Property free of and dear from any obstruction which would
interfere with KEYS'ingress and egress rights hereunder,and shall not construct,place,or allow the placing
or construction of any obstruction (except asotherwise allowed herein)which would interfere with KEYS'
safe or proper installation,operation, maintenance,inspection,or removal of the Infrastructure.KEYS may
remove any obstruction to the safe or proper operation, maintenance, inspection, or removal of such
Infrastructure,provided that KEYS shall,except in the event of discovery of conditions which are reasonably
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likely to cause a dangerous condition or affect the continuous electrical service provided by KEYS, provide
reasonable notice to Grantor prior to such removal. Grantor shall promptly reimburse any reasonable
expenses incurred by KEYS in effecting such removal, and KEYS shall have no liability for and shall have no
obligation to reconstruct any obstruction removed.
6. KEYS shall have the right as necessary or desirable for the safe and proper installation, operation'
maintenance, inspection,or removal of the Infrastructure,or in order to provide reasonable access to the
Infrastructure, to cut and trim trees, bushes, brush' and other natural obstructions existing upon the
Property from time totime.
7. Grantor shall have the right to make any other use of the Property which does not interfere with the rights
uf KEYS hereunder.
8. Grantor shall bear the cost of any relocation or modification of any Infrastructure when the relocation or
modification is necessitated by Grantors request.
9. All covenants,stipulations,terms,conditions,and provisions of this Agreement shall extend to and be made
binding upon the future owners of the above described Property and the successors and assigns of KEYS
and Grantor as a covenant running with the land.Within fifteen(15)days of execution of this Agreement,
Grantor shall record this Agreement in the Official Records of Monroe County at Grantor's expense, and
shall promptly provide proof mf such recording toGrantee.
lO. Grantor warrants that it has full power and authority tpgrant this easement,and Grantor warrants that the
signatories hereon have full power tobind Grantor for the purposes set forth herein.
11. This Agreement shall be governed by and interpreted under the laws of the State of Florida,
notwithstanding any choice of law principles.Any litigation brought mn the basis mf this Agreement shall be
brought and held in the appropriate court of the Sixteenth Judicial Circuit in Key West, Monroe County,
Florida.
12. In the event of litigation between the parties,their successors and/or assigns, arising out ofor relating un
this Agreement,the prevailing party shall be entitled to recover all costs incurred and reasonable attorne/s
fees, including attorney's fees incurred in any appeals. Nothing herein shall constitute a waiver of Grantor
mr Grantee's sovereign immunity pursuant tm applicable law.
13. This Agreement sets forth all of the covenants and understandings between Grantor and KEYS. No
subsequent alteration, amendment, change mr addition to this Agreement shall be binding upon either
party unless reduced tmwriting and duly executed by both parties.
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IN WITNESSWHEREOF,the Grantor has hereunto set its hand and seal this 27th day of July ,2023.
WITNESS MONROE C
A politic u ` isi f State of Florida
Print Name.® i °� Print Name: Roman Gastesi
Title: County Administrator
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Print Name:+ Ise"
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STATE OF Florida
COUNTY OF Monroe
The foregoing instrument was acknowledged before me this day of 2023, by
as of MONOE COUNTY, a political subdivision of the
State of Florida,who is persona to has produced as identification.
Notary lublic
KRYSTAL AHSOH GOMEZ
Notary Public®State Of Florida
a° commission#HH 05516
My comm.Expires Ad 6.2015
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EXHIBIT"A"
A parcel of land lying In Section 31,Township 67 South,Range 25 East,Monroe County,Fbhda,being described as:
(POC)ODmmencing at the intersection of the Ust right-of-way line of Trim bo Road and the Nortbeasterly right-cf-Way
Dne of GrInnell Sbvet;thence run North along the East r/w One of Trumbo Road fbr a distairm of 354.45 feet bD the(POB)
Pdnt of lieginning;thence continue North a"the Eastedy right-&-way line of Trumbo Road fbr a distzmce of 25D.00
feet;therm all at light angles,East for a distance of 195.00 kaet;thence South fbr a distance of 200.0 ,thenoe East
for a dIsWnce of 15.00 feet;thence South for a distance of 50.00 feet;thence West along the Northerly boundary tine of
the"Steam Plant GwvW fiDr a distance of 210.00 feet back to the East right-of-waV line of Tnxnbo Road and(POB)the
Point of Beginning.
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