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Home My WebLink About06/10/2026 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: June 17, 2026 TO: Rhonda Haag Chief Resilience Officer FROM: Liz Yongue, Deputy Clerk SUBJECT: June 10, 2026 BOCC Meeting The following item has been executed and added to the record: R1 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 482, 483 and 484 from floating vegetation, and to allow future right of entry by the County and its designee for maintenance and repairs of the system. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 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 loth day of June , 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 482 (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 482, 483 and 484; 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 482, 483 and 484 requires that the County have access to the property in order to perform regular maintenance to the air curtain compressor and pump system; and I Pag e 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 A. The system shall be installed only in the area shown in Exhibit A, 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. 21Page^ 7. Hold Harmless: The Property Owner agrees to hold the County harmless, from any liability related to the air curtain installation as part of the Rock Harbor Breakwater Repair Project performecl within and about Canal #82. IN WITNESS WHEREOF, the parties have executed this Agreement on this 10th day of June 20: - , ,„0.% AO BOARD OF COUNTY COMMISSIONERS ,--. ..... Attest: Kevin Madok, Clerk OF MONROE COUNTY,FLORIDA a 1 w i By: 46440 1441/1 - By: ir .,•-U.- iir laliP As eputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM Date 01/61 UZLP (7( i ( •i __e ").10.4,,. . / -...,j19ISTAKT COIJMY ATTORNEY DATE: 5-'2 6'91), TODD EMERSON Signature -..- ,-*,• .,..140 ,,,,ri, 'E'. ' ..'7• ..._.: Title t Property Owner • -,...,..,:: : .: •,,,,...>,..: f Date: 57z-.9/ z-6 , :,,,„-:' tt;> =a, ‘ L).... til -12 1. , s.o, C, Wage 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 41Page^ Exhibit"A I" Property Identification r iv r ryp r � G D/ u i rs r 5 Page Exhibit "A" Site Plan ipr r All 16lntrinw/F�r�VBI��, %%rrr ✓, ; e I I�Nd �vM,. Ilf. a � r a ul9u1Y O� o ��III III ''� II u '. III IIII k Exhibit B —Design 71 A, # lr A w W F.80P T{INF wi rH r)RIMr Oq I CONNEC I ION Ij �-1-11110M 'k ",AMIRk5APMIF,,R IOP"Of I CM PaQ OUSKIOU I AWNAVIC"Allak ffiACONSFVFRY��FV rOPRFVFNI FtOAFIN��,SEA'hFFDFRCIMFNrf�IINGCANA�,,9 fAC,,IW(:MFA f%j,:lFIAII, BING P,ACFI.IFN7 E OFTA"Ill 91 SHEET I IL6CAL ALI�E4'ANCI wv� V L'CRY 2,Pl.(I YP� 11`779YINWF'jM�PR,P,9S7D AIR CURTAI ON A PLA I I-0,U I (�QjoiaI SSQF+S 5 j og& HA,,i{ /A MTH DRIVIL `XI Sr IMDZONE M WiMfl .101;Sf M G'm I�W �SFI,--,Of I AN 3,p SHE T" I : u �i 0,11DLJr AWILLIDBARRIJIFIRT011301' cOr WSSOR�,to lf� ��r /S PF 7 4, v jpypu- POSLD CSTAIL 1 1 2,9 Sly[,E' ljl