HomeMy WebLinkAboutItem R01 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District 1
James K. Scholl,District 3
- Holly Merrill Raschein,District 5
Regular Meeting
June 10, 2026
Agenda Item Number: RI
26-321 12
BULK ITEM: Yes DEPARTMENT: Resilience Office
TIME APPROXIMATE: N/A STAFF CONTACT: Rhonda Haag (305) 453-8774
AGENDA ITEM WORDING: Approval of a $0 agreement with resident Todd Emerson to allow
access and use of the lot located at 900 Lobster Lane,Key Largo for placement of the air curtain system
as part of the Rock Harbor breakwater repair and air curtain installation project to protect Canals #82,
#83 and#84 from floating vegetation, and to allow future right of entry by the County and its designee
for maintenance and repairs of the system.
ITEM BACKGROUND: The Rock Harbor Breakwater Repairs project is under construction, which
includes installation of an air curtain to protect Canals #82, #83 and #84 from floating vegetation
entering the canals. The work is funded by a federal Department of Housing & Urban Development
(HUD) pass-through grant through the State Department of Economic Opportunity (FDEO) to the
County under Grant#IR-036.
This access agreement allows access and use of the referenced lot to allow the contractor to place the
air curtain compressor system and pumps on the lot, and it also allows the County and its designees
future access to conduct operations and maintenance services of the system. This is not an easement
document, and the agreement can be terminated upon 90 days' notice by either party.
The residents have been paying an MSBU since 2024 to fund the O&M services of this air curtain.
PREVIOUS RELEVANT BOCC ACTION: N/A
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Access Agreement -stamped and signed (004)
FINANCIAL IMPACT:
Effective Date: Upon Execution
Expiration Date: None, 90-day termination right.
Total Dollar Value of Contract: $0
Total Cost to County: $0
Current Year Portion: $0
Budgeted: N/A
Source of Funds: N/A
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: No.
County Match: N/A
Insurance Required: No
SITE USE AGREEMENT BETWEEN
MONROE COUNTY, FLORIDA
AND
TODD EMERSON REGARDING THE
ROCK HARBOR CANALS #82, #83 AND #84
AIR CURTAIN AND COMPRESSOR SYSTEM
THIS AGREEMENT (the "Agreement") is made and entered into on the day of
2026 by Monroe County, Florida, a political subdivision of the State of Florida (the
"County"), the address of which is 1100 Simonton Street, The Gato Building, Room 205, Key
West,Florida 33040 and Todd Emerson(the "Property Owner"),whose address is 900 Lobster
Lane, Key Largo, Florida 33037 (collectively, "the Parties").
WHEREAS, the Property Owner owns that certain real property located at 900 Lobster
Lane, Key Largo, Florida, the Parcel Identification Number of which is 00484970-000101,
which property abuts that body of water commonly known as Canal #82 (the "Canal") more
specifically identified in Exhibit "A" attached hereto and incorporated herein (the "Property");
and
WHEREAS, the Property Owner has agreed to assist the County with this air curtain
installation as part of the Breakwater Repair project to aid in the improvement of water quality
within Canals #82, #83 and#84; and
WHEREAS, as part of the Rock Harbor Breakwater Repair Project, the County will
utilize the Property to install an air curtain compressor and pump system, including electrical
and air lines; and
WHEREAS, all installation work on the Property shall be accomplished under permits
acquired by the COUNTY or its agents; and
WHEREAS, the Property Owner may be required to sign applications or other
documents so that appropriate permits, or approvals may be obtained; and
WHEREAS, the County shall also maintain the air curtain pumps into perpetuity; and
WHEREAS, the ability of the air curtain compressor and pump system to continue to
perform its intended purpose to improve and maintain water quality within Canals #82, #83
and #84 requires that the County have access to the property in order to perform regular
maintenance to the air curtain compressor and pump system; and
NOW, THEREFORE, for and in consideration of the covenants as set out below and
other mutual covenants herein provided and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
1. Equipment Location and Site Layout. The installation of air curtain pumps and
compressors, electrical and air lines shall be placed on the subject property outlined in
Exhibit Al — Property Location, under the site layout as shown in Exhibit A2. The
system shall be installed only in the area shown in Exhibit A2, and no relocation shall
occur without written approval of the Property Owner.
2. Design Plan.Work to be performed on the property shall be in accordance with the design
plan specified in Exhibit"B"—Design Plan. The installation of the air curtain compressor
and pump system shall be conducted by a licensed and insured vendor. The electrical and
air lines shall be installed as shown, and underground, if feasible. The County shall submit
detailed plans to the Property Owner for review and approval prior to work being
performed on the property.
3. Requisite Permits: Inasmuch as the Property Owner may be required to sign applications
or other documents so that appropriate permits or approvals may be obtained,the Property
Owner agrees to sign such documents.
4. Right of Entry and Revocation: The Property Owner hereby grants and conveys to the
County, its agents and assigns, right of entry to the Property to access the Property and
install and maintain the air curtain system into perpetuity. This right of entry is non-
exclusive and revocable by the Property Owner with 90 days'written notice to the County.
Upon receipt of notice of revocation, the County shall remove all equipment, repair any
damage and return the site to its original condition.
5. Operations and Maintenance: The County or its agents shall maintain the air curtain
system, and the Property Owner shall provide access for quarterly maintenance visits and
storm preparedness measures which may include the temporary removal of the air curtain
system. The County or its agent shall provide a minimum of 48 hours' notice for routine
operations and maintenance, and 24 hours' notice for storm preparedness. The County
shall maintain the structural integrity of the system, its appearance and the appearance of
the surrounding enclosure(s). If, at any time, the system becomes non-operational, other
than due to storm damage, for a period of 30 days, the Property Owner may provide a 30-
day notice for removal. In the event of storm damage, the County will repair or replace
the system as soon as possible. The Property Owner is not responsible for repairs,
operations, maintenance or replacement of the system.
6. Termination of Agreement: The County may terminate this Agreement at any time with
90 days' notice. The County will return the property to its original condition as it existed
prior to the use of the property by the County. Accordingly, based upon the mutual
covenants contained herein, the Property Owner may also terminate this Agreement with
90 days' notice.
2 If a g e
7, Hold Harmless.- The Property Owner agrees to hold the County harmless, from any
liability related to the air curtain installation as part ol'the Rock Harbor Breakwater Repair
Pr(aJect performed within and about Canal fi82.
N WITNESS W11FREOF, the parties have executed this Agreement on this day of
2026,
(SEAL)
BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
MONROE COUNTY ATTORNEYS OFFICE
APPROVED AS TO FORM
Date "A [I VILL,
-�
NITYATTOMEY 6SISTMOCOU"MO
DATE: S-')AQW)A
TODD EMERSON
Signature
Title: Property Owner
Date: S Z z�S/ Z-
31 Pa e
STATE OF FLORIDA
COUNTY OF MONROE
Subscribed and sworn to (or affirmed) before me, by means of❑ physical presence or ❑ online
notarization, on (date) by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as identification.
By:
Notary Public
Print Name
My commission expires: Seal
41 Ifs �� g e
Exhibit "A 1"
Property Identification
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Exhibit "A"
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