Item F1 F1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Budget Meeting Meeting
September 4, 2024
Agenda Item Number: F1
2023-2989
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Joe DiNovo (305)292-3470
N/A
AGENDA ITEM WORDING:
Ratification of a Settlement Agreement between Monroe County, Sugarloaf Key Volunteer Fire
Department and Sugarloaf Wi-Fi, Incorporated, to resolve the litigation in Case Nos. 2017-CA-20-K
and 2017-CA-631-K and facilitate the construction of a new fire station for Monroe County at the
current location of the Sugarloaf Key Volunteer Fire Department's Station 10 by Fortress Secured,
LLC.
ITEM BACKGROUND:
This item was brought before the BOCC at its August 21, 2024 meeting pending receipt the executed
agreement from the other parties thereto. At that meeting, the draft lease with Sugarloaf Wi-Fi that is
part of the draft settlement agreement was approved. However, the draft settlement agreement was
inadvertently omitted as an attachment to the item. The executed settlement agreement will resolve
longstanding litigation and allow the County to build a fire station on the subject property.
In April of 2022, the County received an unsolicited proposal from Fortress Secured, LLC ("Fortress"),
pursuant to Section 255.065, Florida Statutes- the Public-Private Partnership ("P3") statute. Fortress
proposed to deliver a replacement for Station 10, which is currently owned by the Sugarloaf Volunteer
Fire Department, Inc. ("Sugarloaf VFD").
At the time, the County, Sugarloaf VFD, and Sugarloaf Wi-Fi, Inc. ("Wi-Fi"), were involved with
circuit court litigation (Case Nos. 2017-CA-20-K and 2017-CA-631-K) concerning a lease between
Sugarloaf VFD and Wi-Fi. During the pendency of the litigation, Sugarloaf VFD advised the County
that it no longer had the capacity to provide fire-fighting services and wanted to donate its station to the
County so Monroe County Fire Rescue could continue to serve the Sugarloaf community. Fortress's
proposal was premised on the County acquiring ownership of the property from Sugarloaf VFD and
then contracting with Fortress for demolition of the existing structure and construction of a new station.
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The proposal contemplated providing space for a cell tower on the property, which would enable the
County to resolve issues then caught up in litigation with Wi-Fi.
PREVIOUS RELEVANT BOCC ACTION:
On 7/19/2017 (Item#N5), the BOCC authorized the County Attorney to file suit seeking to void the
lease between the Sugarloaf Volunteer Fire Department and Sugarloaf Wi-Fi, Inc. due to violations of
the Sunshine Law.
On 4/20/22 (Item #1`10), the Board deemed the unsolicited proposal a "qualifying project" and directed
that staff proceed under the P3 statute.
On 7/20/22 (Item #Rll), the Board authorized then Assistant County Administrator Kevin Wilson to
negotiate agreements with Fortress Secured, LLC.
On 1/18/23 (Item#06), the Board approved the interim agreement.
On 7/16/24, the Board held a public hearing as required by statute in order to allow affected public
entities and members of the public an opportunity to review the draft and provide comments. No
comments were submitted.
On 7/17/24, following the consideration of the factors set forth in Section 255.065, Florida Statutes.as
amended by Chapter 2024-96, Laws of Florida, the BOCC approved the comprehensive agreement and
adopted Resolution 239-2024 formally acknowledging receipt of the unsolicited proposal, concluding
that the proposal is in the public interest and approving the comprehensive agreement in accordance
with Subsection 255.065(7), Florida Statutes.
On 8/21/24, (Item #013) the Board approved a draft settlement agreement with Sugarloaf VFD, and
Sugarloaf Wi-Fi, Incorporated. and a draft lease between Monroe County and Sugarloaf Wi-Fi,
Incorporated pending receipt of the executed agreements from the other parties. While the draft lease
was, in fact, attached to the item, the draft settlement agreement was inadvertently omitted.
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Signed Settlement Agreement&Lease- Monroe County v. SVFD & Sugarloaf Wi-Fi, Incorporated,
Case No. CA-K-17-631 (8-29-24).pdf
Consent Judgment for Attorneys Fees- Monroe County v. Sugarloaf Volunteer Fire Department
Incorporated Case No. CA-K-17-631 (11-22-21)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
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Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
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This Settlement Agreement and Mutual Release C'AgreemenV') is, made as
of the last date signed below("Effective Date")by and among(i)Sugarloaf Wi-Fi,
Inc. ("Wi-Fi"), (ii) Sugarloaf Key Volunteer Fire Department, Inc., and its
individual officers ("Department"), and(iii)the Board of County Comm.issioners
of Monroe County,Florida(""County")(each a"Party"and collectively"Partiesol.
WHEREAS, Wi-Fi and the Department are parties to Case No, 2017-CA-
20-K currently pending in the Circuit Court for the Sixteenth Judicial Circuit,in and
for Monroe County, Florida ("Current Litigation"); and
WHEREAS,the County,the Department, and Wi-Fi are parties to Case No.
2017'-CA-63 1- in the Circuit. Court for the Sixteenth Judicial Circuit, in and, for,
Monroe County, Florida("Surishine Litigation"); and
WHERFAS, the Current Litigation and the Sunshine Litigation involve
property at 17175, Overseas Highway in Sugarloaf Key, Florida("Property"); and
WHEREAS, the Department desires to convey the Property to the County
for $10.00 and the County's satisfaction of the November 22, 202 1, Consent
Judgment entered against the Department in the Sunshine Litigation; and
WHEREAS, the, County desires to accept the conveyance of the Property;
and
WHEREAS, Wi-Fi desires to clarify its opportunity to develop a
conununication tower on the Property, and
'WHEREAS, the Puties desire to fully and finally resolve all claims of any
nature whatsoever (i)that, were asserted in the Current Litigation or the Sunshine
Litigation, and (ii) that co ld have been asserted in the Current Litigation or the
S,unshine Litigation.
THERE FORE, in consideration of the mutual promises contained here'...,.
the Parties agree as follows-
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1. The above recitals are true and an integral part of this Agreement
2. The Parties agree that the County and the Department must approve
ft Agreement and proposed conveyance at a duly called public meeting in
compliance with Chapter 286, Florida Statutes. The Department's approval must
also comply with the Not-for-Profit corporation requirements, set forth in Chapter
617 (including Section 617,,1202), Florida Statutes.
3. Within ten days after the Effective Date of this Agreement, Wi-Fi mid,
the Department shall file a Joint Stipulation for the dismissal with prejudice of the
Current Litigation. Within ten days after the Effective Date of this Agreement, the
County, Wi-F'i, and the Department shall file a Joint Stipulation for the dismissal
with prejudice of the Sunshine Litigation. Each Joint Stipulation will require each
Party to assume its own attorney's fees and costs and will ful,ly and completely
resolve all pending matters. Each Joint Stipulation will state that the Parties agree
that the Court shall retain jurisdiction to enforce the to of this Agreement with
regard to the Current Litigation and the Sunshine Litigation.
4. In exchange for the promises, representations, and warranties in this
Agreement, and for other good and valuable consideration, the Parties, on their
own behalf and on behalf of their respective heirs, successors, boards,and assigns
(""Release-Giving Parties"), hereby release, acquit, and forever discharge each of
the other Parties, including the current and pa-A officers, directors employees,
agents, attorneys, heirs, successors, and assigns of the other Parties ("Release-
Receiving Parties") from all and all manner of action and actions, causes and
causer, of action, suits,, warranty obligations, liability, damages, administrative
proceedings, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contract-, conmversies, agreements, promises, variances,
trespasses, costs, damages, atto�meys' ftes, loss of use, compensation,judgments,
executions, claims and demands whatsoever, in law or in it y, which the
Release-Giving Parties, have, had, or may have, known or unknown, against the
Release-Receiving Parties, including all claims related to or growing out of the
Current Litigation, the Sunshine Litigation, or Property, and any claims or
defenses, whether raised or not. The Parties intend for this to be a complete and
mutual General Release.
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This General Release will become effective upon the filing of the Joint Stipulation
for, dismissal with prejudice of the Current Litigation or the Sunshine Litigation,
whichever filing is later.
Specifically excluded from the scope of this Geneml Release and waiver between
the County and Sugarloaf Wi-FI are: (1) the actions and obligations of each
respective Party set forth in this Agreement and related to the Project (defrneJ
below), including such actions leading up to and resulting in the: Proposed Lease
(defined below), as well asthe Parties' rights to enforce such obligations; and (2)
any business, dealings past or present that arc, not related to the Property, the
Proposed Lease, the Project, the Current Litigation, and the Sunshine Litigation.
5. Within ten days after the filing of the Joint Stipulation for the dismissal
with prejudice of the Current Litigation and,the Sunshine Litigation,which is ever
is later, the Department and the County shall have taken all steps necessary to
complete the conveyance of the Property to the COUnty.
6. Within sixty days after conveyance of the Property to the County,the
County and Wi-Fi shall enter into the lease agreement attached as Exhibit I to this
Agreement C'Proposed Lease"), The County intends for Proposed Lease to be
in conjunction with a comprehensive agreement governing the development of a
fire station by Fortress Secured, LLC, as authorized by, section 255.065, Florida
Statutes ("Project"). Nonetheless, even if the County does not enter into a
comprehensive agreement that governs the Project, the County shall enter into the
Proposed Lease with Wi-Fi.
7. 'Upon the filing of the Joint Stipulation for the dismissal with prejudice
of(lie Current Litigation and the Stuishine Litigation,whichever is later,Wi-Fi shall
possess a fully enforceable legal right under this Agreement, including, but not
limited to, the ability to compel the County or the Department to enter into th,e
Proposed Lease as provided in,this Agreement and sue for damages.
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8. The rights and remedies that a Party has or may have at law, in equity
or otherwise for any breach of this Agreement shall be distinct separate and
cumulative rights and remedies. one of these rights and remedies, whether or not
exercised by the Party, shall be deemed to be in exclusion of'any other right or
remedy. Nonetheless, nothing in this Agreement allows any PatV to receive a
double recovery. TWs Agreement may be used to con lusively estop another Party
from taking a position materially different than what isset forth in flus Agreement.
9. The execution and perforinance of this Agreement by each Party has
been duly authorized by all applicable laws and regulations and all necessary
corpo,rate action, and this Agreeart ,constitutes the valid and binding obligation
of such Party, enforceable in accx)rdance with its terms.
10. This Agreement may be executed in any number of counterparts,each
of which shall be an original,but all of which together shall constitute one and the
same instrwnent.
IL By siong below, �each Party warrants and represents that the person
signing this Agreement on its behalf has full actual authority to bind that Party,
and that the Party's execution of this Agreement is not in -violation of any by-law,
covenants and/or other restrictions placed upon thein by it respective entities.
TIiis AgreeTnent can be used to conclusively estop the other Party from asserting
any claim or action that the representative signin,g this Agreement does not have
full actual authority to bind that Party. "Mis is a Key Term to this Agreement,.
12. This Agreement shall be gave, ed by the laws,of the State of Florida
without regard to its conflict of laws provision. The exclmive venue for any laws,uit
arising in connection with this Agreement shall be the circuit court of Monroe
Cotinty, Floci d& The prevailing Party for any dispute related to or wising from
this Agreement shall be entitled to attorneys' fees and costs.,
13. If any part of this Agreement is finally adjudg,ed to be unlawful,vo�id,
or unenforceable by a f competent jurisdiction, stitch part shall be deemed
deleted, but such adjudication shall not affect the enforceability of any other part
of this Agreerne m and all other provisions of this Agreement shall continue in
effect.
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SUGARLOAF WI-FI, INC.
By: Eddie Bie
Its: CEO and President
Date:
SUGARLOAF KEY VOLUNTEER FIRE DEPARTMENT, INC.
BY e 4.n ava
Its: e.c"0-e&-,
Date: - D- y
,
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
Attest: Kevin Madok, Clerk
By: Holly Merrill Raschein
Its: Mayor By:
As Deputy Clerk
Date:
MONROE COUNTY ATTORNEYS OFFICE
APPROVED AS TO FORM
PH DINOW01
STI�JVT OLINTY'ATTORNEY
DATE: 8-29_?n?4
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LEAKAgREEMM
THIS LEASE AGREEMENT ("Agreement"), dated as of the last date signed below, is
entered by MONROE COUNTY, FLORIDA,a political subdivision of the to of Florida with a
principal address of 1100 Sirnonton Street, Key West, Florida 33040 ("LANDLORD"'), and
SUGARLOAF Wl-FI INC.,a Florida corporation, with a Tax, lD#of 9 1- 1 3 and a principal
address of 92300 Overseas Highway, Suite 203, Tavernier, Florida 33070 ("'TF.,NANr,) (each a
"Party"and collectively the"Parties").
WHEREAS,LANDLORD owns certain real property located at 17175 Overseas 1--lighway,
Property ID #00 117930-000100,on Sugarloaf Key in Monroe County,Florida,together with all
righ is and pnvileges arising in connection therewith(collectively,the"Property");and
WHEREAS, LANDLORD has undertaken a public-private development of a fire station
on the Property pursuant to section 255.065,Florida Statutes,bid#437-0-2022/LA,in copjunction
with private deveioper Fortress Secured,LLC("Developer");and
WHEREAS, TENANT desires to use a portion of the Property to construct a
Communications Facility, as defined below, in connection with its federally licensed
communications business;and
WHEREAS, LANDLORD desires to grant to TENANT die Tight to use a portion of the
Property in accordance with this Agmement.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein and for other good and valuable consideration,the Parties agree as follows:
1. f Pre niii LANDLORD leases to TENANT a certain portion of the
Property containing approximately 720 square feet as described on the attached Exhibit "A",
together with unmstricted access for TENANT's uses from the nearest public right-of-way along
the Property to the Premises as described on the attached Exhibit "A" (collectively, the
"Premises").
2. Pei mitted Use. TENANT shall use the Premises in accordance,with this section,
("Permitted Use"). TENANT may construct, maintain,amid operate a communications tower and
associated structure,and uses incidental thereto,as determined by TENANT,now or in the future,
to meet TENANT's telecommunication needs, which may also include a security fence of chain
link or comparable construction that may, at the option of TENANT, be placed around the
perimeter of the Premises excluding the right-of-way (collectively, the "Communications
Facility").All improvements,modifications,supplements,replacements,removals,or relocations,
that are necessary for TFNANT's continued use,shall be made at TENANT's expense. In addition
to the Premises,LANDLORD grants TE114ANT the right to use such other portions of the Property
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Final Execution Vetsion 9-6-24
as are reasonably required during the construction and installation of the Communications Facility,
provided,however,that TENANT does not interfere with the construction or operation of the fire
station. TENANT shall maintain the Premises in a reasonable condition and shall be solely
responsible forte repair and maintenance of all of TENANT's improvements on the Premises,
excluding repair and maintenance due to the willful misconduct or gross negligence of the
LANDLORD,its employees,agents,or contractors or invitees,The Leased Premises and positions
on the Tower shall be used for, and LANDLORD agrees that TENANT is authorized to perform,
the installation, maintenance, and operation, all at TENA sole expense, oft necessary
equipment and associated antenna.
(a) Permitted Use includes TENANT"s exclusive right to sublease space on the
Communications Facility and within the Premises to any provider licensed by the FCC.TENANT
will provide written notice to, but is not required to obtain the consent or the approval of,
LANDLORD regarding any such sublease.
(b)Permitted Use includes excavation of any portion of the Premises to install such
foundations as may be required for the Communications Facility.
(c) Pennitted Use includes installation of flexible coaxial transmission lines
between components oft e Communications Facility on the Premises.
3® Pee
(a) The initial term oft is Agreement will be ten(10)years("Initial Term"),commencing
upon the Commencement Date, as defined below, unless terminated sooner as provided in this
Agreement.
(b) This Agreement will automatically renew fora second ten (10) year to ("First
Renewal Term")and three(3)additional terms of five(5)years(each referred to as a"Subsequent
Renewal Tenn"),upon the same terms and conditions,unless Tenant chooses to terminate as noted
in this paragraph. Tenant may choose to terminate this Agreement, by providing LANDLORD
with written notice of its intention not to renew this Agreement at least three (3)months prior to
the expiration of the current to TENANT has the sole choice to extend for additional Renewal
Terms as noted herein.
(c) If TENANT remains in possession of the Premises after the termination or expiration
of this Agreement then TENANT will be deemed to be occupying the Premises on a month-to-
month basis(the "Holdover Term"),subject to the terms and conditions of this Agreement.
(d) The Initial Term,the Renewal Term(s),and the Holdover Term are collectively referred
to as the Term("Term").
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Final Execution Version 4
4. Rent.
(a) Commencing on the date TENANT receives all necessary permits for construction of
its Communications Facility (die "'Commencement Date"), TENANT will pay LANDLORD a
monthly rental payment of Five Hundred Dollars(S500.00)("Rent")at the address set forth above
on or before the fifth (5th)day of each calendar month in advance, Rent will be prorated for any
partial month. TENANT will pay the initial Rent payment within thirty (30) days after dic
Commencement Date.
(b) The Rent amount assumes that TENANT has up to one carrier or other user of its
Communications Facility. For each additional, carrier or mnser. the monthly Rent will increase by
Four Hundred Dollars (S400.00).
(c) In each year after the first year of the Initial Term, the monthly Rent payable will
increase by three percent(3%)over the Rent payable during the previous year.
5. GovQe,mamen tALA_2g_rovah-
..........-
(a) TENANT's ability to use the Premises is contingen.t. upon the suitability of the
Premises for the Permitted Use and TENANT's ability to obtain all governmental licenses,
its,,approvals or other relief required oford mmn essary or appropriate by TENANT for
its use of the Premises, including without limitation applications fOT zoning variances, zoning
ordinances, amendments, special use its, and construction permits (collectively, the
"Governmental Approvals"). I..,ANDLOFLD audiofizes TENANT to prepare, execute and file all
required applications to obtain Governmental Approvals for the Pcrrnitted Use and agrm to
reasonably assistTENANT with such applications. In addition, TENANT shall have the right to
initiate the ordering and/or scheduling of necessary ufflitics. TENANT is responsible for all
charges for utilities used or consumed by TENANT on the Premises.,
(b) If during the Term TENANT is unable to use the Premises for a Communications
Facility in the innanner intended by TENANT due to denial of Governmental Approvals,or due to
changes in previously granted Governmental Approvals, or if radio frequency propagation tests
are found to be unsatisfactory so that TENANT, in its sole discretion, will be unable to use the
Premises for a Communications Facility in the manner intended by TENANT, TENANT shall
have the right to terminate this Agreement upon.written notice to LANDLORD.
(c) TENANT has the right to obtain a title report or commitment for a leasehold title
policy from a title insurance companiy of its choice and to have the Property surveyed by a surveyor
of TENANT's choice. In the event TENANT determines, in its sole discretion, due to the title
report results or survey results,that the condition of the Premises is unsatisfactory,TENANT will
have the right to terminate this Agreement upon written notice to LANDLORD.
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(d) TENANT may also perform and obtain, at TENANT's sole cost and expense, soil
bonings, percolation tests, engineering procedures, environmental investigation, or other tests or
reports on,over,and under the Property,necessary to determine if TENANT"s use of the Premises
will be compatible with TEN ANT s engineering specifications, system, design, operations or
Governmental Approvals,provided,however,that TENANT does not interfere with Developer or
construction or operation of the fire station.
(e) If TENANT terminates die Agreement under this section,LA'NDI,ORJ)shall retain,all
Rent paid to LANDLORD prior to the termination date. Upon such termination, LANDLORD
and TENANT shall have no other further obligations to each other, other than TENANT's
obligationi to remove its property as hereinafter provided,
6. Communication Interference and Resolution Process.
Both Parties shall comply with all applicable FCC guidelines and protocols to their
communication equipment and approved and authorized communications use.
(a) L4andlord
LANDIOI�shall at all times exercise the highest standard of care and judgment to
pre-vent interference with TENANT's Communications Facility and Permitted Use of the
Premises. LANDLORD agrees that LANDLORD will be permitted to install and use only
such approved and authorized commuriication equipment for LAN DLORD's fire station, and
public safety emergency communications or non-governmental functions, that is of the
approved and authorized type and frequency and that will not cause harmful interference
which is measurable in accordance with then existing industry standards to the then existing
communication equipment of TENANT. Furthermore, in,the event LANDLORD desires to
add or replace its communication equipment in the future, such communication equipment
must be of die approved and authorized type and -frequency which will not cause han'n-ful
interference which is measurable in accordance with then existing industry standards to the
then existing communication equipment of TENANT on.the Property. LANDLORD will use
its best efforts to notify TENANT in advance of the inswlation of any -new communications
equipment, so TENANT, or its sublessees, have the opportunity to test for potential
interference.
(b) le RM
TENANT shall at all times exercise the highest standard of care andjudgment to
prevent interference with LANDLORD's existiing authorized communication equipment used
for LANDI...ORD's fire station and public safety emergency services, and the provision of
such services. TENANT, and any of its sublessees(which must be FCC licensed), will install
communication equipment of the approved and authorized type and frequency which will not
cause harmful interference which is measurable in accordance with then existing industry
standards to any communication equipment LANDLORD is using on the pro y"prior to the
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date this Lease. Furthermore, in the event TENANT, including any of its sublessees, desires
to add or replace communication equipment in the future, such communication equipment
must be of the approved and authorized type and frequency which will not cause harmful
interference which is measurable in accordance with then existing industry standards to the
then existing communication equipment of LANDLORD on the Property. After the initial
construction and installation of its Communications Facility, TENANT will notify
LANDLORD in advance oft e installation of any new equipment and provide results of tests
demonstrating lack of potential interference.
(c) jhjrja Irrt eren
With regard to third party interference, each Party agrees to comply with applicable FCC
guidelines and protocols. Neither Party, nor any FCC-licensed sublessee,shall be responsible for
communications interference caused by a person or entity not a Party to this Lease or the sublessee,
whose communications have not been authorized by a Party through a valid sublease or other
agreement.
(d) Notification Process
In the event a Party believes that the other Party, or its authorized sublessees,
communication equipment is causing interference with any authorized communications, the
Party will send a written notification of such interference and request to remedy ("Notice of
Potential Interference"). Upon receipt of the Notice of Potential Interference, the receiving
Party will take all commercially reasonable steps necessary to investigate, test and eliminate
any actual interference. Notwithstanding the foregoing, both Parties agrees to cooperate with
each other's efforts to locate the interference source and make a good faith effort to resolve
the interference in a manner that does not diminish each Party's authorized use. If TENANT
is the potential cause of interference, then TENANT must power down its Communication
Facility (or portion thereof, including sublessee portions) within 48 hours after receipt of
Notice of Potential Interference for testing, and if TENANT is the cause of interference it
must remedy the situation before resuming operation. In no event will either Party be entitled
to terminate this Agreement or deem a default under the Agreement, so long as the Party that
is potentially causing the interference is making a good faith effort to remedy the interference
issue.
(e)
In the unlikely event that the Parties are unable to mutually resolve a potential
interference issue using the process as not above, then within ten (10)calendar days after
the initial Notice of Potential Interference was delivered, TENANT will hire a neutral
unrelated licensed engineer that has expertise in communication to review, analyze, and
provide a written opinion to both Parties as to whether an interference exists, and if there is
interference what is the interference and what is/are the source(s). The designated licensed
engineer shall have ten (10) calendar days to complete this task and deliver its written
determinations. If there is interference found and the source is a Party, and not a third party
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(which is governed by subsection (c) above), then the Party responsible for the interference
shall take immediate action to commence curing the interference.
7. Taxes. TENANT shall be responsible for making any necessary returns for and
paying any and all personal property taxes separately levied or assessed against TENANT's
facilities or the improvements constructed by TENANT on the Premises. Taxes are not to be
considered as additional Rent, but rather as reimbursement to LANDLORD and to be separately
billed. TENANT shall pay for any documented increase in ad valorem real estate taxes levied
against the Property which are directly attributable to the improvements constructed by TENANT
on the Property and are not separately levied or assessed by the taxing authorities against TENANT
or the improvements of TENANT. LANDLORD shall pay all other ad valorem real property taxes
levied against the Property on or before the date such taxes become delinquent® LANDLORD
hereby agrees that if the taxes which are levied against the LANDLORD and TENANT's
improvements on LAB DLORD's property are incorrectly assessed, TENANT maintains the right
to appeal the tax assessment to the appropriate governmental authority, said appeal shall be paid
for by TENANT. Should any taxing authority with jurisdiction over the Property offer an early
payment tax incentive, LANDLORD hereby agrees that TENANT shall be allowed to pay the
taxes under the incentive plan which shall allow for TENANT to take advantage of any offered
incentives. LANDLORD shall furnish TENANT within thirty (30) days of receipt by
LANDLORD or LANDLORD's representative oft e tax assessment for any assessed taxes which
are levied against the Property.LANDLORDS ability to bill TENANT for said taxes is limited to
the current and previous two(2)years tax billing in question. In no event will LANDLORD have
the ability to bill for pro-rata share or estimates of taxes on future tax billings.
8. b-surance.
(a) TENANT shall, at is sole cost and expense, at all times during the to of this
Agreement maintain in effect a policy or policies of insurance (i) covering its personal property
located on the Premises and TENANT's improvements to the Premises paid for an installed by
TENANT, providing protection against any peril, except windstorm and flood, included under
insurance industry practices within the classification "fire and extended coverage," providing
protection as deemed desirable by TENANT with respect to its personal property and the full
insurable value of its TENANT improvements paid for by TENANT;and(ii)Commercial General
Liability insurance with minimum limits of $1,000,000 for injury to or death of one or more
persons and for damage to or destruction of properties in any one occurrence. In addition,
TENANT shall comply with the insurance provisions contained in Exhibit"B"to this Agreement,
(b) On or before the Commencement Date, and thereafter during the Term hereof,
TENANT shall provide LANDLORD with original,current Certificates of Insurance,and renewal
certificates of insurance thereafter, executed by a duly authorized representative of each insurer,
or by the insurance agent or broker authorized to do so,as evidence of all insurance licies® Said
Certificates of Insurance shall name the Monroe County Board of County Commissioners as an
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Additional Insured and Certificate Holder. No insurance policy required hereunder may be
canceled, materially revised, or subject to non-renewal without at least thirty (30) calendar days
Prier written notice in given to LANDLORD or, in the event of cancellation for non-payment
of premium,ten(10)days prior written notice.Developer shall provide LANDLORD with renewal
certificates of insurance or binders not less than five (5) business days prior to such expiration.
Insurance shall be maintained without lapse in coverage during the term of this Agreement.
LANDLORD shall also be given certified copies of TENANT's policies of insurance, upon
request.
(c) The required policies,and any policies of insurance procured by TENANT providing
coverage in excess of the required policies, shall provide that the coverage is primary for all
purposes and TENANT all not seek any contribution from any insurance or self-insurance
maintained by LANDLORD, TENANT shall be solely responsible for any deductible or self-
insured retention on insurance required hereunder.
9. sale.ERk_2LYE2R1-=. If LANDLORD, at any time during the Tenn, decides to sell,
subdivide, or rezone the Property or any part of the to a purchaser other than TENANT,
LANDLORD shall promptly notify TENANT in writing, and such sale shall be subject to this
Agreement and TENANT's rights hereunder. LANDLORD agrees not to sell or lease any areas of
the Property for the installation, operation, or maintenance of other wireless communications
facilities. LANDLORD shall not be prohibited from the selling or leasing of any of Property for
non-wireless communication use.
10. Qmj1LK112XM=. LANDLORD covenants that TENANT, on paying the Rent
and performing the covenants,terms and conditions required of TENANT contained herein,shall
peaceably and quietly have, hold and enjoy the Premises and the leasehold estate granted to
TENANT by virtue of this Agreement.
11® A!99RMeta This Agreement may be sold, assigned or transferred at any time by
TENANT to TENANrs parent company or any affiliate or subsidiary of TENANT or its parent
company or to any entity with or into which TENANT is merged or consolidated,or to any entity
resulting from a reorganization of TENANT or its parent company,or any other third party,upon
the prior written consent of LANDLORD, such consent not to be unreasonably withheld.
12. Condemnation, If notice is given to LANDLORD that the Property will be
condemned by any legally constituted public authority, then LANDLORD shall promptly notify
TENANT of such taking or condemnation. If the whole of the Property,or such portion thereof as
will make the Premises unusable by TENANT for Permitted Use, is condemned by any legally
constituted public authority,then this Agreement shall,at TENANT'S option,cease from the time
when possession thereof is taken by the public authority, and Rent shall be accounted for as
between LANDLORD and TENANT as of that date® However, nothing in this section shall be
construed to limit or adversely affect TENANT's right to seek an award of compensation from any
Page 7 of 18
48
Final Execution Version -6®2
public authority that is seeking condemnation proceeding for the taking of TENANT's leasehold
interest hereunder or for the taking of TENANT's improvements, fixtures, equipment, and
personal property.
13. Hazardous Substances.LANDLORD believes,represents,and agrees that neither
LANDLORD nor, to the LANDLORD's knowledge, any it party has used, generated, stored,
or disposed of any Hazardous Materials in, on, or under the Property. "Hazardous Materials"
means petroleum or any petroleum product,asbestos,and any other substance,chemical,or waste
that is identified as hazardous,toxic, or dangerous in any applicable Federal, State, or local law,
rule, regulation, order or ordinance. TENANT shall indemnify, defend and hold LANDLORD
harmless from any and all claims,damages,fines,judgements,penalties,costs,liabilities or losses
from the presence or release of any Hazardous Materials on the Property if caused by TENANT
or persons acting under TENANT.
14.
(a)If TENANT should fail to pay any Rent or other amounts payable under this Agreement
when due,or if either Party should fail to perform any other material covenant,term,or condition
of this Agreement (other than section 6), prior to exercising any rights or remedies on account
thereof, the non-defaulting Party shall first provide the defaulting Party with written notice
specifying the nature of the default and provide the defaulting Parry with a thirty (30)day period
to cure such default if such default is a failure to pay rental or any other sum of money under this
Agreement, or a sixty (60)day period to cure such default if such default is a failure to perform
any other material covenant, term, or condition of this Agreement. If such default, other than a
failure to pay Rental or any other sum of money hereunder, is not capable of in cured within a
sixty(60)day period,the defaulting Party shall be afforded a reasonable period of time to cure the
failure provided that defaulting Party promptly commences curing the default after notice and
prosecutes the cure to completion with due diligence. This section's notice requirement and
opportunity to cure does not apply to instances of interference with communications, is are
governed by section 6.
(b) In the event that LANDLORD is in default of its obligations under this Agreement
and such default continues for thirty(30)days after written notice from TENANT,TENANT may
at its option and in any addition to any other right or remedy available hereunder, or at law or
equity incur reasonable expenses necessary to perform the obligation of LANDLORD specified in
such notice, and any amount paid by TENANT in so doing shall be deemed paid for the account
of LANDLORD,and LANDLORD agrees to reimburse TENANT therefor and TENANT may set
off from rent or other amounts due hereunder any reasonable amount expended by TENANT as a
result of such default.
15. Notices. Any notices oremands which are required by law or provided under the
terms of this Agreement shall be given or made by LANDLORD or TENANT in writing and shall
be given and addressed to the respective Parties set forth below. Such notices shall be deemed
Page 8 of 18
49
Final Execution Venion 9-6-24
received five (5) days after mailing, Every notice, demand, or request hereunder shall be sent to
the addresses listed below-,
If to LANDLORD County Administrator
Monroe County
I 100 Simonton Street,Room 2-205
Key West,FL 33040
With a copy t ® County Attorney
Monroe County
11 I I l2th Street,Ste.408
Key West, FL 33040
If to TENANT Edward Bie
497 20th Avenue
Indian Rocks each, FL 33785
With a copy tw James Byrne, Esq.
540 4th Street N
Saint Petersburg, FL 33701
Rejection or refusal to accept delivery of any notice,or the inability to deliver any notice because
of a changed address of which no notice was given, shall be deemed to be receipt of any such
notice.
16. ITermination. After the fifth calendar year of this Agreement,and notwithstanding
any other termination rights available to TENANT under this Agreement, TENANT, at its sole
and absolute discretion, and without any cause required, shall have the right to terminate this
Agreement with ninety(90)days prior written notice to LANDLORD and a lump sum payment to
LANDLORD in an amount equal to six (6) months" of Rent. The Rent all be computed at the
to that is in effect at the time of termination. At termination, TENANT shall execute upon the
request of the LANDLORD a written cancellation of the Agreement in recordable form and
TENANT shall have no other further obligations, other than TENANT's obligation to remove its
property as hereinafter provided.
17. Removal of Title to all improvements constructed or installed by
TENANT on the Premises shall remain with TENANT, and all improvements constructed or
installed by TENANT shall at all times be and remain the property of TENANT, regardless of
whether such improvements are attached or affixed to the Premises. TENANT, upon termination
oft is Agreement,shall,within ninety(90)days,remove all improvements,fixtures,and personal
Page 9 of IS
50
Final Execution Version 8-&24
property constructed or installed on the Premises by TENANT and restore the Premises at grade
to substantially the same condition as received, TENANT shall not be required to remove any
foundations, driveways, or underground cables or wires below grade. If such removal causes
TENANT to remain on the Premises after termination of this Agreement,TENANT shall pay Rent
at the then existing monthly rate,or on the existing monthly pro rata basis if based upon a longer
payment term, until such time as the removal is completed.
I& Release and Cancellation. Upon termination of this Agreement and during
removal of improvements, TENANT shall execute, in a form acceptable to LANDLORD, an
express written release to LANDLORD.The express written release is to effectively terminate any
ingress / egress I utility or other easements used by TENANT for the operation of the
Communications Facility, Any casement, at LANDLORD's request, will be restored to previous
condition.
19. AmLitscellaneous. This Agreement cannot be modified except by a written
modification executed by LANDLORD and TENANT in the same manner as this Agreement is
executed. The headings,captions and numbers in this Agreement are solely for convenience and
shall not be considered in construing or interpreting any provision in this Agreement. Wherever
appropriate in this Agreement, personal pronouns shall be deemed to include other genders and
the singular to include the plural, if applicable. This Agreement contains all agreements,promises
and understandings between the LANDLORD and TENANT, and no verbal or oral agreements,
promises, statements, assertions or representations by LANDLORD or TENANT or any
employees, agents, contractors or other representations of either, shall be binding upon
LANDLORD or TENANT.
20. SjauDft Intereg. It is the intent of the Parties that neither Party shall have a
security interest whatsoever in any personal property of the other Party,and,to the extent that any
applicable statute, code,or law grants to a Party such an interest,that Party does hereby expressly
waive any fights thereto.
21. AWMejLs Fees. In any proceeding which either Party may prosecute to enforce
its rights hereunder, the prevailing Party shall be entitled to an award reasonable attorneys' fees
and costs against the other Party.
22. GoveEnjnj_IaM. This Agreement shall be governed and interpreted by, and
construed in accordance with, the laws of the to of Florida where the Property is located. The
exclusive venue for any lawsuit arising in connection with this Agreement shall be the circuit court
of Monroe County,Florida.
22. Memorandumof A-- At the request of TENANT, LANDLORD agrees
to execute a memorandum or short form of this Agreement, in recordable form, setting forth a
description of the Property,the to oft is Agreement and other information desired by TENANT
for the purpose of giving public notice thereof tothird parties.
Page 10 of 18
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Final Execution Version 8-&24
23. MR—dis—Effect. This Agreement shall extend to and bind the heirs, personal
representatives, successors, and assigns of LANDLORD and TENANT and shall constitute
covenants running with the land.
24. QgRftKg&M This Agreement may be executed in several counterparts, each of
which shall constitute an original and all of which all constitute the same Agreement.
25. BRentWali StMLM ff JQ er.If at anytime after the date of this Agreement,LANDLORD
receives a bona fide wrinen offer from a third party seeking an assignment of the rental stream
associated with this Agreement("Rental Stream Offer"), LANDLORD shall immediately furnish
TENANT with a copy of the Rental Stream Offer. TENANT shall have the right within twenty
(20)days after it receives such copy and representation to match the Rental Stream Offer and agree
in writing to to the terms oft Rental Stream Offer. Such writing shall be in the form of a
contract substantially similar to the Rental Stream Offer. If TENANT chooses not to exercise this
right or fails toprovide written notice to LANDLORD within the twenty (20) day period,
LANDLORD may assign the rental stream pursuant to the Rental Stream Offer, subject to the
terms of this Agreement.
[signatures on, ollowingpagel
Page I 1 017,18
52
Final Execution Version
IN WITNESS WHEREOF, the parties hereto e set their hands and affixed their
respective seals.
MONROE COUNTY ATTORNEY'S OFFICE
Signed,sealed liv in the presence of. APPROVED AS M FORM
L LC
IAND : q ,m
�. ""d
Its: Maw
Tax ID# 59-60€0749
Witt s Witn s,
Print Marne: t Print Name:��A&4w s ` 03$0�c)
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument Iedged IN PERSONor 0 ONLINE, before
this `Z� day of 2024 b .
—1 ..., Y _. A_.. , y y (print name)
who is personally known to rune or who has produced_...............................................,..,...................................................................o.....� as identification
and who did take an oath.
MYONGUE
.. WHIM AM 15.20U
S MYCOMMIMMM474082
ti
lIC
Print
Page 12 of 18
53
Final Execution Version 8-6-24
Signed, sealed and delivered in the presence of-
TENANT: !�Vop.la,ZE
By:
Its:—L,
Tax ID#
A
Witne Witness
f---7
Print ame: 6, Print Name:Ah
� V
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged "'PERSON or 0 ONLINE, before me
this of:?���, — 2024,by dq (print name)
who is personally known to me or who has produced as identification
and who did take an oath.
ROGER & 71NOMAS
MY COMMISSION#Hff 104285 Notary Public
EXPIRES.March 14.295
Print Name:
Page 13 of 18
54
Finall Execution Venion 8-6-24
EXHIBIT"A"
rLqRLr-A located at 17175 Overseas Highway,Pmperty JD#001 17930.-M 100(Premises
depicted in upper left corneir and shown iin gmter detail on next page).
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Page 14 of 18
55
fremises leased to Tenant(7
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Page 15 of I
56
Final Execution Version&-&24
EXHIBff"B"
Insurance Coverage
TENANT and all affiliates, sublessecs, contractors, subcontractors, vendors, consultants
and agents ("Insureds")engaged in Permitted Uses shall procure and maintain for the duration of
the Agreement insurance against claims for injuries to persons or damages to property which may
arise from or in connection with the Permitted Uses.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
I. Commercial General Liability (CGIJ. Insurance Services Office Form CG 00 01
covering CGL on an"occurrence"basis property damage,bodily injury and personal&advertising
injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
either the general aggregate limit shall apply separately to this project/location(ISO CG 25 03 or
25 04)or the general aggregate limits alt be twice the required occurrence limit,
2. Automobile Liability: Insurance Services Office Form Number CA 000 1 covering,
Code I (any auto), with limit no less than $1,000,000 per accident for bodily injury and property
damage; or, if Insured has no owned autos, it may endorse its CGL policy with Hired and Non
Owned coverage.
3. Workers' Compensation insurance as required by the State of Florida, with
Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per
accident for bodily injury or disease; or, if Insured is not required to obtain this coverage, it may
submit a letter on company letterhead to LANDLORD stating that it is not required and has elected
not to obtain this insurance.
If Insured maintains broader coverage and/or higher limits than the minimums shown
above,LANDLORD requires and shall be entitled to the broader coverage and/or the higher limits
maintained by Insured. Any available insurance proceeds in excess of the specified minimum
limits of insurance and coverage shall be available to LANDLORD.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain,the following provisions:
Additional Insured Status
LANDLORD, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the COL policy with respect to liability arising out of work or operations performed
Page 16 of 18
57
Final Execution Vmion 8-6-24
by or on behalf of the Insured including materials, parts, or equipment furnished in connection
with such work or operations. General liability coverage can be provided in the form of an
endorsement to the Insured's insurance(at least as broad as ISO Form CG 20 10 1185 or both CG
20 10,CG 20 26,CG 20 33,or CG 20 38;and CG 20 37 fonns if later revisions used).
Primary Coverage
For any claims related to this Agreement,Insured's insurance coverage shall be primary insurance
primary coverage at least as broad as ISO CG 20 01 04 13 as respects LANDLORD, its officers,
officials,employees,and volunteers.Any insurance or self-insurance maintained by LANDLORD,
its officers,officials,employees,or volunteers shall be excess ofthe Insured's insurance and shall
not contribute with it.
Notice of an
Each insurance policy required above shall state that coverage shall not be canceled, except with
notice to LANDLORD.
Waiver ofSubrogafion
Insured hereby grants to LANDLORD a waiver of any right to subrogation which any insurer of
said Insured may acquire against LANDLORD by virtue of the payment of any loss under such
insurance. Insured agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not LANDLORD has received a
waiver of subrogation endorsement from the insurer.
Se#Vnsured Retentions
Self-insured retentions must be declared to and approved by LANDLORD. LANDLORD may
require the Insured to provide proof of ability to pay losses and related investigations, claim
administration, and defense expenses within the retention. The policy language shall provide, or
be endorsed to provide,that the self-insured retention may be satisfied by either the named Insured
orLANDLORD.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current
A.M. Best's rating of no less than A. II, unless otherwise acceptable to LANDLORD.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
I. The Retroactive Date must be shown and must be before the date of the contract or
the beginning of contract work,
2s Insurance must be maintained, and evidence of insurance must be provided for at
least five(5)years after completion of the cont=t of work,and
3. If coverage is canceled or non-renewed,and not replaced with another claims-made
Page 17 of 18
58
Final Execution Version 8-6-24
policy form with a Retroactive Date prior to the contract effective date,the Insured must purchase
"extended reporting"coverage for a minimum of five(5)years after completion of contract work.
Verification of Coverage
Insured shall furnish County with original Certificates of Insurance including all required
amendatory endorsements(or copies of the applicable policy language effecting coverage required
by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing all
policy endorsements to County before work begins. However, failure to obtain the required
documents prior to the work beginning shall not waive the Insured's obligation to provide them.
County reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications,at any time.
Page IS of 18
59
E '1;,l VA 4;��WMJ VA 4
Policy Number: CPS7881982
COMMERCIAL GENERAL LIABILITY
CG20011219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance (2) You have agreed in writing in a contract or
Condition and supersedes any provision to the agreement that this insurance would be
contrary: primary and would not seek contribution
Primary And Noncontributory Insurance from any other insurance available to the
This insurance is primary to and will not seek additional insured,
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
CG 20 01 1219 0 Insurance Services Office, Inc., 2019 Page 1 of 1
61
POLICY NUMBER: CPS7881982 COMMERCIAL GENERAL LIABILITY
CG 20 1112 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITC EFULLY.
ADDITIONAL INSURED - MANAGERS OR
LESSORS OF PREMISES
This endorsement modifies insurance provided under the following,:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designation Of Premises (Part Leased To You):
17175 OVERSEAS HWY,, SUMMERLAND, FL
Name Of Person(s)Or Organization(s) (Additional Insured):
MONROE COUNTY FLORIDA BOCC 1100 SIMONTON ST KEY WEST FL 33040 UNITED STATES
Additional Premium- $
Information required to come late this Schedule, if not shown above,will be shown in the Declarations.
A. Section 11, — Who Is Ann Insured is amended to 2. If coverage provided to the additional insured is
include as an additional insured the person(s) or required by a contract or agreement, the
organization(s) shown in the Schedule, W only Insurance afforded to such, additional insured,
wft respect to liability for"'bodily injury", 'property will not be broader than that which you are
damage" or "Personal and advertising injury" required by the contract or agreement to provide
caused, in,whole or In part, by you or those, acting for such additional Insured,
on your behalf in connection with the ownership, S. With respect to the insurance afforded to these
maintenance or use of that pail of the premises additional insureds, the following is added to
leased to you ands in the Schedule and Section III—Limits Of Insurance:
subject to the following additional exclusions: If coverage provided to the additional insured is
This insurance does not apply,W required by a contract or agreement, the most we
1. Any "occurrencie which takes place after you will pay on behalf of the additional insured is the
cease to be,a tenant in that premises. amount of insurance:
2. Structural alterations, new construction or 1. Required by the contract or agreement or
demolition operations performed by or on behalf 2. Available under the applicable limits of
of the person(s)or organization(s)shown in the Insurance;
Schedule.
However: whichever is less.
This endorsement shall not increase the applicable
1. The insurance afforded to such addlitionali limits of insurance.
insured only applies to the extent permitted by
law-, and
CG 20 1112 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1
62
POLICY NUMBER: CPS7881982 COMMERCIAL GENERAL LIABILITY
CC 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AGAINSTWAIVER OF TRANSFER OF RIGHTS OF RECOVERY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s)Or Organization(s):
MONR. E COUNTY FLORID BOC'C 1100 SIMONTON STREET [BEY 'WEST PL 33040 UNITED STATES
Information required to complete this Schedule, if not shown above,will be shown in the DecNarations,
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section I —Conditions:
We wa%ve any right of recovery against the person(s).
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that
the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organizatson(s)shown in the Schedule above.
CG 24 04 12 19 0 Insurance Services Office, Inc., 2018 Page 1 of 1
63
2023 Revision
MONROE COUNTY,FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements,as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract.
CointraictorNcndor: Sugarloaf Wi-Fi ing
Project or Service; Tower at Sagarlof Fire Station
ContractorNendor
Address&Phone#: P.0,Box 159 Indian Rocks Ekoch.F1 137aS 27=1t0-2950
General Stope of Work: install 1010 Foot Stealth Tower and equipment Reason,for Waiver or
Modification:
Policies Waiver or
Modification will apply to:
Signature of Contractor/Vendor-.
Date: Approved Not Approved
Risk Management Signature.
Date: 8/16/2024 Waiver of Auto Liability and Workers Comp Accepted.
County Administrator appeal:
Approved: x Not Approved:
Daft:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date:
Administrative Instruction 7500
64
INTHECIR("11ITC10t j RT 011-11 IF 16'111 J1 JDI( IAL C I RCAJIT
IN AND FOR MONRO.L1 ("'Ot JNTY., FLORIDA
CASE NO. 2017-CA-63 I-K
BOARD 01" COUN]"Y CX)MMISSIONFIRS
OF MONROE.' ('(A.JNTY, a political
Subdivision of the State of Florida.
X rrl
-Or- C)
Plaintiff (.)rr
rim W
CD
IV
S(JGARI..,()Af-` KLA VOIJ I'l RU"
= rn
DE,A)ARTMEINT, INC., a not for r
p ofit :<C-
Florida corporation,
Def`cndant.
and
SUGARLOAFWI-FF INC., assignee of'
KFIYS WI-Fl, INC.,
Defendants.
('.ONSEN'I"' .JLJDGMEN'I' AWARDING ATTORNEYS FEES AND COSTS
IN FAVOR OF PLAINTIFF MONROE COUNTV
THIS CAUSE came bcf(.)rc the Court on the October 22, 2021, Motion filed by tile
Plaintiff, BOARD OFCOUN]"Y COMMISSIONIERS OFMONROE CIOUNTY ("Monroe
County"), seeking the entry of a judgment I or attorney*s fees and costs against the
Def:'endant, SU(iARLOAF KEA VO1,(iNTE14"R FIR L" DEPARTMI.,"NT, INC. (11'ire
Department"), afler the entry offlic Court's January 2, 2019, I'inal Declaratory ,judgi-nent
("Judgment") in, ftovor of'Monroe County, and the (.0L11't having review'ed the January 31,
2019, Motion tiled by the County seeking anorney's fees and costs against the Firc
65
Department, and the Court having considered section 286.011(4), Florida Statutes (which
provides that "the court shall assess a reasonable attorney's fee against such agency," in a
lawsuit filed to invalidate the action ot'a governmental agency ilthe Court finds that the
agency violated the Chapter 286), and the Court having considered section 57.041, Florida
Statutes (which provides that costs are to be awarded to a"party recovering judgment"), and
the Court having been advised that the Fire Department does not contest the County's
entitlement or that the amount to be awarded Ior reasonable attorney's flees and costs in this
rnatter totals $217,159.86, and the Court being otherwise advised, it is
ORDERED AND ADJUDGED that.judgnient for attorney's Ices and costs is hereby
entered in Favor of* the BOARD 01-- COUN'FY COMM I SSI ON I-IRS OF MONROE
COI,JN'.I-'Y and against the SUGARLOAFKE'Y VOLUN'"IT"I.IR FIR]","DEPARTMENT,INC'.
for the sumo ot'$217,159.86.
DONE AND ORDERED in Chambers at Key West, Monroe County, Florida this
day of'November 2()21.
110 .A131 0
�1"'� TIMO] JYJ. KOENIG
Circuit Court .ludge
Confornied copics:
John Marston, Esq. (rnarston(" key west law.ncl-jtilic(c)kc),Nvestgaw,ilet)
Anthony Conticello, Esq. (tconticeflo56( grnailxorn, I ony�'�iont ice I to law fin n,coin)
Lee Robert Rohe, 13sq, (Irrlawgbellsotjth.net; s1r( bellsouth.no)
Jeffrey L Hochman, Esq. (lioeliiiiati(�i.7janibg.coiii-, garrido(i an1bg.co rri)
Cynthia hall, Esq. (liall-cyiitliia(��ii,ioiii-oecouiity-il.gov)
66