HomeMy WebLinkAboutItem G11 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tern David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
� «
Holly Merrill Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: G1 1
26-32360
BULK ITEM: No DEPARTMENT: MC Land Authority Governing
Board
TIME APPROXIMATE: 9:25 am STAFF CONTACT: Cynthia Guerra
AGENDA ITEM WORDING:
Approval of a Grant of Easement to the Utility Board of the City of Key West, Florida, d/b/a Keys
Energy over a parcel owned by the Monroe County Comprehensive Plan Land Authority having Parcel
Identification Number 00065160-000000.
ITEM BACKGROUND:
The Utility Board of the City of Key West d/b/a Keys Energy is seeking to develop a redundant power
line supply to the Keys West International Airport. The preferred route for the new power line is along
South Roosevelt Avenue from the Thompson Street Substation to the airport, which passes through the
subject conservation parcel that is owned by the Monroe County Comprehensive Plan Land Authority
(MCLA) having RE 00065160-000000.
The Monroe County Board of County Commissioners (BOCC) entered into an interlocal agreement
with Keys Energy in June 2025 that sets forth the obligations of both entities in financing, installing,
maintaining, and operating the redundant power supply project. Through the interlocal agreement, the
BOCC has declared that power delivery redundancy and natural disaster resiliency to minimize
operational disruptions to the Key West International Airport is a paramount purpose. In further support
of the project, the BOCC granted an easement on its own non-conservation parcel for the power poles
and lines on February 18, 2026.
The subject conservation parcels were acquired by MCLA in the early 1990s (1991 through 1993). The
parcels are managed by the Monroe County Land Steward as conservation land and are on the County's
conservation lands inventory.
Section 2-426(2)of the Monroe County Code of Ordinances establishes that lands designated as Monroe
County Conservation Lands shall be preserved in perpetuity and shall not be considered or used for any
other purpose. Exemptions to Paragraph 2 for a permanent use may be granted by the BOCC provided
the BOCC makes a finding by super majority vote in a public meeting that a Requestor has met the
requirements detailed in Section 2-426 (a)(ii).
Approval is being sought on this easement provided the BOCC has approved the exemption pursuant to
2-426(2)(a)(ii) for a permanent use at this same July 15, 2026 meeting. Also at this same meeting, the
Governing Board is being asked to approve an amendment to a deed restriction for this property.
PREVIOUS RELEVANT BOCC ACTION:
June 18,2025 (agenda item I2): The BOCC entered into an Interlocal Agreement with KEYS to provide
a redundant power line to Key West International Airport from KEYS' Thompson Street Substation.
February 18, 2026 (agenda item Q5): The BOCC granted an easement to KEYS for installation of a
redundant power line across a BOCC owned non-conservation parcel.
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
Proposed Grant of Conservation Easement—MCLA FOF parcel
KEYS-MCLA Certificate of Insurance
Monroe County—Keys Energy Services Interlocal Agreement
FINANCIAL IMPACT:
NA
Effective Date: Upon execution
Expiration Date: NA
Total Dollar Value of Contract: NA
Total Cost to County: NA
Current Year Portion: NA
Budgeted: NA
Source of Funds: NA
CPI: NA
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts: NA
Revenue Producing: NA If yes, amount: NA
Grant: NA
County Match: NA
11. Approval of a Grant of Easement to the Utility Board of the CityWest, Florida,
d/b/a Keys Energy over a parcel owned by the Monroe County Comprehensive
Authority having Parcel Identification Number J 1 - .
Prepared by and Return to:
Nick Batty,Esq.
Director of Legal and Regulatory Services
Keys Energy Services
1001 James Street
Key West,FL 33040
GRANT OF EASEMENT
THIS GRANT OF EASEMENT(the"Agreement") is entered into this day of , 2026 by
and between MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY, a land authority under Section
380.0663 Florida Statutes and Monroe County Ordinance No.031-1986, having a mailing address of 1200 Truman
Avenue,Suite 207, Key West, Florida 33040(herein referred to as"Grantor"),and THE UTILITY BOARD OF THE CITY
OF KEY WEST, FLORIDA,d/b/a Keys Energy, a municipal utility, having a mailing address of 1001 James Street, Key
West, FL 33040("KEYS" or"Grantee").
WHEREAS,Grantor is the owner of certain real property(the"Property")located on S. Roosevelt Boulevard,
on the island of Key West in Monroe County, Florida (Monroe County RE No 00065160-000000); 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 portion of the Property legally described on Exhibit"A"attached
hereto and incorporated herein (the "Easement Area"), together with a reasonable right of ingress and egress
sufficient for the purposes set forth herein.
WHEREAS, KEYS owns, operates, and/or intends to own and/or operate certain electrical and
communications facilities and appurtenances which are to be located upon,over and/or under the Property and not
to exceed those facilities and appurtenances depicted (overhead lines and no more than five utility poles)on Exhibit
B(the"Infrastructure").
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 as follows:
1. This Agreement shall become effective upon the date that Grantor executes this Agreement.
2. The foregoing recitals are true and correct and are incorporated herein by reference.
3. Grantor hereby grants to KEYS a perpetual non-exclusive easement under, over, across and upon the
Easement Area adjacent to South Roosevelt Boulevard for public utility and communications purposes
consistent with the depiction contained on Exhibit B.
4. The Easement Area may be used by Grantee, its assigns and/or affiliates, for the installation, operation,
maintenance and replacement of no more than five (5) utility poles and overhead lines consistent with
Exhibit B. Permanent equipment and facilities, including utility poles, overhead wires, platforms and
appurtenances, may be installed only completely within an 8 feet wide "Equipment Area" that extends
south from the northern edge of the 50 feet Easement Area as delineated in Exhibit B.The Bridle Path that
crosses the southern portion of the 50 feet frontage may be used only for ingress and egress to access
electrical and communication infrastructure,or for emergency.Traditional public access must remain open.
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Blocking, dumping, or storing materials or equipment are prohibited. Grantor's permission and oversight
are required for any construction, maintenance,trimming,fencing,or other activities.
5. 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 within the Easement Area
and shall have full right of ingress and egress thereto and therefrom.
6. Grantor shall furnish and maintain the Easement Area free of and clear from any obstruction which would
interfere with KEYS' rights hereunder,and shall not construct, place,or allow the placing or construction of
any obstruction within the Easement Area 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 likely to cause a dangerous
condition or affect the continuous electrical service provided by KEYS,provide reasonable notice to Grantor
prior to such removal.
7. KEYS shall have the right as necessary or desirable for the safe and proper installation, operation,
maintenance, inspection, or removal of the Infrastructure, or to provide reasonable access to the
Infrastructure, to cut and trim trees, bushes, brush, and other natural obstructions existing upon the
Easement Area from time to time. Vegetation may be cut only the minimum amount necessary in the
immediate area of the poles and overhead lines. To protect the adjacent wetlands, KEYS shall install silt
fencing around each pole installation site during installation of the pole and shall maintain said fencing until
installation of the pole is completed. Keys further warrants that the Easement Area will be left clean and
level after any construction or maintenance of the Infrastructure. Any damage to vegetation or ground
surface must be promptly restored by KEYS. Notwithstanding the foregoing, no impacts or disturbance of
the coconut palms in the bridle path shall occur, except frond trimming as necessary to maintain safe
clearances from electrical conductor. No disturbance or use shall occur outside of the Easement Area.
8. Grantor shall have the right to make any other use of the Easement Area which does not interfere with the
rights of KEYS hereunder.
9. All covenants,stipulations,terms,conditions,and provisions of this Agreement shall extend to and be made
binding upon the future owners of the Easement Area 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, KEYS shall
record this Agreement in the Official Records of Monroe County at KEYS' expense, and shall promptly
provide proof of such recording to Grantor.
10. Grantor warrants that it has full power and authority to grant this easement,and Grantor warrants that the
signatories hereon have full power to bind 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 on the basis of this Agreement shall be
brought and held in the appropriate court of the Sixteenth Judicial Circuit in Key West, Monroe County,
2
Florida.
12. KEYS agrees to indemnify and hold harmless and defend Grantor, its officers, agents, managers, members,
tenants,and employees against any and all claims,losses, liabilities,and expenditures of any kind,including
attorneys'fees,court costs,and expenses,caused by the conduct, misconduct, negligence,error,omission,
or act of KEYS and/orhis/its/their officers,directors,shareholders,employees,agents,professors,students,
interns,or invitees,or accruing,resulting from,or related to the subject matter of this Agreement,including
without limitation,any and all claims,demands or causes of action of any nature whatsoever resulting from
injuries or damages sustained by any person or property, whether or not suit be brought. The provisions
of this indemnification provision shall survive the expiration or earlier termination of this Agreement.
13. In the event of litigation between the parties, their successors and/or assigns, arising out of or relating to
this Agreement,the prevailing party shall be entitled to recover all costs incurred and reasonable attorney's
fees, including attorney's fees incurred in any appeals.
14. Nothing herein shall constitute a waiver of Grantor's or KEYS' sovereign immunity pursuant to applicable
law.
15. This Agreement sets forth all of the covenants and understandings between Grantor and KEYS. No
subsequent alteration, amendment, change or addition to this Agreement shall be binding upon either
party unless reduced to writing and duly executed by both parties.
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Docusign Envelope ID:2CABOAEB-2C9E-8410-82C6-941 DBD52964C
IN WITNESS WHEREOF,the Grantor has hereunto set its hand and seal this day of , 2026.
WITNESS MONROE COUNTY COMPREHENSIVE PLAN LAND AUTHORITY
A Land Authority under S.380.0663 Florida Statutes and
Monroe County Ordinance No.031-1986
By:
Print Name: David P. Rice,Chairman
Address:
Approved as to form and legality:
Signed by:
Print Name:
Address:
Gregory S. Oropeza, Esq.
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this day of 2026, by
as of MONROE COUNTY COMPREHENSIVE PLAN LAND
AUTHORITY,a Land Authority under S.380.0663 Florida Statutes and Monroe County Ordinance No.031-1986,who
is personally known to me/has produced as identification.
[Notary Seal] Notary Public
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EXHIBIT"A"
The"Property"is described as:
Commencing at the intersection of the westerly line of the East Martello property and the northerly right
of way line (curb line) of Roosevelt Boulevard, bear north 82 deg. 37 min. 20 sec. west for a distance of
300.27 feet to the point of beginning of the parcel of land hereinafter described; from said point of
beginning continue bearing northwesterly along the northerly right of way line (curb line) of Roosevelt
boulevard for a distance of 1098.91 feet to a point; thence bear north 00 degrees 07 min. 40 sec. east for
a distance of 670.5 feet,more or less to the southerly boundary line of Meacham Airport Property;thence
bear north 80 degrees 37 min. 13 sec. east along the southerly property line of Meacham Airport for a
distance of 173.23 feet to a point; thence bear south 71 deg. 19 min. 27 sec. east along the southerly
boundary line of Meacham Airport for a distance of 948.97 feet to the westerly boundary line of Meacham
Airport; thence bear south 03 deg. 43 min. 18 sec. east for a distance of 435.94 feet more or less back to
the point of beginning.
RE#00065160-000000
The Easement Area is described as:
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6
Docusign Envelope ID: B97BD1 FE-708C-88B2-8062-OF13D416698A
CERTIFICATE OF COVERAGE ISSUED ON: 6/25/2026
COVERAGE PROVIDED BY:PREFERRED GOVERNMENTAL INSURANCE TRUST
PACKAGE AGREEMENT NUMBER:PK FL1 0444008 25-10 COVERAGE PERIOD:10/l/2025 TO 10/1/2026 12:01 AM
COVERAGES:This is to certify that the agreement below has been issued to the designated member for the coverage period indicated.Notwithstanding any
requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the coverage afforded by the
agreement described herein subject to all the terms,exclusions and conditions of such agreement.
Mail to:Certificate Holder Designated Member
Monroe County Comprehensive Plan Land Authority Utility Board of the City of Key West
1200 Truman Avenue P.O.Box Drawer 6100
Suite 207
Key West,Florida 33040 Key West,Florida 33041
LIABILITY COVERAGE WORKERS'COMPENSATION COVERAGE
X Comprehensive General Liability,Bodily Injury,Property Damage
WC AGREEMENT NUMBER:
and Personal Injury:
Limit:$5,000,000 $5,000 Deductible Self Insured Workers'Compensation
X Employee Benefits Liability
Statutory Workers'Compensation
Limit:$5,000,000 $5,000 Deductible
Employers Liability
X Employment Practices Liability Each Accident
Limit:$5,000,000 $5,000 Deductible By Disease
Aggregate Disease
X Public Officials Liability
Limit:$5,000,000 $5,000 Deductible
Law Enforcement Liability
Limit: Deductible
PROPERTY COVERAGE AUTOMOBILE COVERAGE
X Buildings&Personal Property X Automobile Liability
Limit:Per Schedule on file with Trust $5,000 Deductible Limit:$3,000,000 $0 Deductible
Note:See coverage agreement for wind, X All Owned
flood,and other deductibles. X Specifically Described Autos
Inland Marine— Rented,Borrowed and X Hired Autos
Leased Equipment
X Non-Owned Autos
Limit:$0 TIV See Schedule for Deductible X
Automobile Physical Damage
X Inland Marine—All other X Comprehensive See Schedule for
Limit:$1,487,484 TIV See Schedule for Deductible Deductible
CRIME COVERAGE X Collision See Schedule for Deductible
X X Hired Auto with limit of$50,000
Employee Dishonesty
Limit:$100,000 $1,000 Deductible
Garage Keepers
X
Forgery or Alteration Liability Limit
Limit:$50,000 $1,000 Deductible Liability Deductible
X Theft Disappearance&Destruction Comprehensive Deductible
Limit:$50,000 $1,000 Deductible Collision Deductible
X Computer Fraud
Limit:$10,000 $1,000 Deductible
NOTE:Additional Covered Party status is excluded for non-governmental entities.The most we will pay is further limited by the limitations set forth in Section 768.28(5),
Florida Statutes(2010)or the equivalent limitations of successor law which are applicable at the time of loss.
Description of Operations/Locations/Vehicles/Special items-(This section completed by member's agent,who bears complete responsibility and liability for its accuracy):
Permanent use of MCLA properties
This certificate is issued as a matter of information only and confers no rights upon the certificate holder.This certificate does not amend,extend or alter the
coverage afforded by the agreement above.
Administrator CANCELLATIONS
Public Risk Underwriters® SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION
P.O.Box 958455 DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE COVERAGE AGREEMENT
Lake Mary,FL 32795-8455 PROVISIONS.
vvo°(��,mV marl �� W ivom m
Producer „�01,���� i a........
The Gehring Group
3500 Kyoto Garden Dr
Palm Beach Gardens,Florida,33410
AUTHORIZED REPRESENTATIVE
PGIT-CERT(1/19)PRINT FORM
Docusign Envelope ID: B97BD1 FE-708C-88B2-8062-OF13D416698A
00
WENIAL
6/25/2026
Monroe County Comprehensive Plan Land Authority
1200 Truman Avenue
Suite 207
Key West, Florida 33040
Re: Coverage Agreement- PK FL1 0444008 25-10
Utility Board of the City of Key West
Effective Date: 10/1/2025 to 10/1/2026
To Whom It May Concern:
Preferred Governmental Insurance Trust is unable to name non-governmental entities as
an additional covered party due to Florida Statute 768.28.
Non-governmental entities do not enjoy sovereign immunity protection under Florida law.
Coverage through the Preferred Governmental Insurance Trust is predicated upon the
concept of sovereign immunity among all its members. Accordingly, entities which are not
eligible for sovereign immunity protection under F.S. 768.28 may not be an additional
covered party under the Preferred coverage agreement.
We appreciate your understanding.
Margaret E. Gross, CPCU
Director of Underwriting
**If Additional Covered Party status was not requested on the attached certificate, the provisions in this
letter do not apply.
Approv eg.§Yto form and legality
C,AVr� On a
Gregory Oropeza, Esq.
Administered by PUBLIC RISK UNDERWRITERS
P.O. Box 958455+Lake Mary, FL 32795-8455*Phone: 321-832-1450 *Fax: 321-832-1489
�G3 o couRr�
Kevin Madok, CPA
Lij,
�.
�o ......... � Clerk of the Circuit Court& Comptroller Monroe County, Florida
ti40Z coo
N-1
DATE: June 20, 2025
T O: Beth Leto, Airports
Business Manager, KWIA
FROM: Liz Yongue, Deputy Clerk
SUBJECT: June 18, 2025 BGCC Meeting
The following item has been executed and added to the record:
I2 Interlocal Agreement with the Utility Board of the City of Key West, Florida for
an above ground feeder extension providing redundant power feed to the Key West International
Airport in the amount of$1,000,000.00 for materials and general construction, and termination
of the previously approved underground feeder extension agreement entered into with the Utility
Board of the City of Key West, Florida, agenda item I-2 of the December 13, 2023 regularly
scheduled BGCC meeting. To be funded from FDGT Grant G2090 (50%) and Airport Revenue
Bonds (50%).
Should you have any questions please feel free to contact me at(305) 292-3550.
c c: 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
INTERLOCAL AGREEMENT
BETWEEN
THE UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA
AND
MONROE COUNTY, FLORIDA
FOR
FEEDER EXTENSION PROVIDING REDUNDANT POWER FEED
TO
THE KEY WEST INTERNATIONAL AIRPORT
THIS INTERLOCAL AGREEMENT is entered into this 18th day of
June , 2025 by and between the UTILITY BOARD OF THE CITY OF KEY
WEST, FLORIDA D/B/A KEYS ENERGY SERVICES, a municipal, utility created
and existing pursuant to the laws of the State of Florida ("KEYS"), and MONROE
COUNTY, FLORIDA (COUNTY), a political subdivision of the State of Florida.
WTTNESSETH
WHEREAS, Key West International Airport ("EYW"), located at 3491 S.
Roosevelt Boulevard, Key West, Florida, is owned and operated by the COUNTY,
and provides air carrier service to hundreds of thousands of passengers annually; and
WHEREAS, notwithstanding the references to "COUNT'", all payments
made pursuant to this Agreement by the COUNTY, as the owner and operator of
EYW, shall be made from the Airport Enterprise fund; and.
WHEREAS, EYW is a vital transportation resource for Monroe County
residents and visitors, and supports the economic engine of tourism within the City
of Key West and Monroe County; and
WHEREAS, EYW serves as an entry point for medical supplies, contractors,
emergency response personnel, and other aid for the Lower Keys in the event of
declared emergencies, such as hurricanes; and
WHEREAS,reliable electric service is vital to sustaining; operations at EYW;
and
WHEREAS, EYW has expressed a paramount interest in establishing power
delivery redundancy and natural disaster resiliency to minimize interruptions in the
operations of EYW; and
1
WHEREAS, KEYS is the municipal electric utility serving the lower Florida*W,
Keys, and provides electricity within the City of Key West, including to EYW; and
WHEREAS, EYW currently receives electricity via a single distribution
feeder located to the East of EYW, and power interruption. on this feeder may result
in extended outages affecting EYW'; and
WHEREAS, the establishment of a, connection between EYW and a, second,
feeder (the "Redundant Feeder") wil1 provide redundancy in power supply, and
enable KEYS to switch between the existing feeder and the Redundant Feeder in the
event of a planned or unplanned outage, with the goal of decreasing outage
frequency and duration; and
WHEREAS, KEYS recognizes that connection. to the Redundant Feeder
provides benefits to KEYS' other customers,, as well as EYW; and
WHEREAS, KEYS and, COUNTY entered into that certain. Interlocal.
Agreement Between The Utility Board of the City of Key 'West, Florida and Monroe
County, Florida on December 13, 2023, by which the parties agreed to undertake
certain obligations related to the installation of the Redundant Feeder; and
WHEREAS, KEYS and County have mutually detenii-ined to cancel the
above-referenced interlocai agreement in order to adjust the means and methods and
other terms related to the contemplated installation of the Redundant Feeder; and
WHEREAS, the connection to the Redundant Feeder (the "Feeder
Extension") requires the installation of approximately 20 utility poles,
approximately 4,500 linear feet of cable, and attendant infrastructure in order to
connect a switch on, the main feeder to a point on. the Redundant 'Feeder Southwest
of the airport near the Western terminus of South Roosevelt Boulevard.
NOW, THEREFORE, in consideration of the mutual covenants set forth
herein, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, KEYS and COUNTY enter into this Agreement to
govern.their participation in the 'Installation.of a Feeder Extension asset forth herein.
2
ARTICLE I RECITALS AND CANCELLATION OF PRIOR
AGREEMENT
The foregoing recitals are true and correct and are incorporated herein. by
reference. The Interlocal agreement related to the subject matter hereof dated
December 13, 2023 is hereby cancelled in its entirety, with.no liability to COUNTY
or KEYS.
ARTICLE 2 — PROJECT CONCEPT AND SCOPE
KEYS provides power to EYW' through its electric grid, via a single 1.3.8 kV
distribution. feeder., Feeder 9, which originates in. the Kennedy Drive Substation.
Feeder 9, like all distribution feeders, is susceptible to brief outages caused by faults
created by events such as lightning, animals and trees. Because there is currently no
redundant feeder serving EYW, equipment failure or planned equipment upgrades
may cause lengthier outages lasting several hours while the feeder fault is cleared.
The 'Installation of the Feeder Extension connecting Feeder 5, a I 3.8kV distribution
feeder which originates in the Thompson. Street Substation, to EYW, ,will connect
the Redundant Feeder to EYW, reducing the number and the duration of power
outages.
KEYS will design, the Feeder Extension to run above ground from the existing
Thompson Street Substation Feeder 5 (which currently terminates near the West end
of South. 'Roosevelt Boulevard'), over property located, adjacent to the Northern
boundary of South Roosevelt to a connection on Feeder 9 near Nancy Cherry- Lane.
Such design will generally- conform.to the depiction in the Feeder Extension Map in
Exhibit "A." and Proposed, Payment Schedule set forth in Exhibit "B", attached
hereto and 'incorporated herein.
KEYS will develop a detailed design for the Feeder Extension.,, apply and obtain
permits and approvals for the necessary work, procure all materials and, construction
crews, and provide project management for the installation and energizati-on of the
Feeder Extension as set forth herein.
but does not warrant that the total completion I'KEYS estimates, I pletion. time for the Feeder
Extension will be approximately twelve months from the date of approval.. The
estimated completion time includes six months for planning, permitting and
procurement, and six months for material procurement, construction, inspection and
energization. KEYS will. -utilize best efforts to adhere to the Proposed Payment
Schedule set forth in Exhibit "B".
3
ARTICLE 3 —IN AND MAINTENANCE
KEYS will. install. or cause to be installed all equipment necessary to complete
the construction of the Feeder Extension., in-eluding all interconnection and controls
necessary for energization and operation. KEYS will be solely responsible for future
repairs and, maintenance of the Feeder Extension..
ARTICLE 4 — TITLE AND OWNERSHIP
Title to, and, complete ownership and control. over the Feeder Extension, shall
be vested in KEYS, and KEYS shall. have the -right to use the same for the purpose
of service to other customers, or for other purposes in its sole discretion.
,ARTICLE 5 — PARTY RESPONSIBILITIES
5.1. PROCU'REMENT. Purchases of material, equipment, and., where
KEYS determines in.its sole discretion.to perform.any portion of the work described
herein by utilizing a third-party contractor, such. services, shall. be procured pursuant
to requests for -proposals, requests for qualifications, or other procurement
mechanisms consistent with KEYS' -procurement policies and applicable state
regulations.
5.2 EASEMENTS AND RIG HTS. 'KEYS, or its duly procured contractors
or agents, will. obtain. any and all. easements and all rights, permits and privileges
which KEYS deems necessary or expedient for the rendering of electric service to
EYW or the installation of the Feeder Extension,. COUNTY shall reasonably
cooperate with KEYS in. the granting and obtainment of easement and/or access
'rights over EYW, COUNTY, or other gove-mmental property which KEYS deems
necessary or expedient to effectuate the Feeder Extension. If KEYS is reasonably
unable to obtain any rights, permits, and/or privileges which it deems necessary to
complete the Feeder 'Extension., both parties shall be relieved of their obl.igati.ons
under this Agreement. In the event any third party requires compensation for
easement rights which KEY'S deems necessary, KEYS will provide written
documentation to COUNTY sufficient for COUNTY to understand the required
compensation, and COUNTY and KEYS shall negotiate in good faith an. allocation
of financial. responsibility. In the event that KEYS and COUNTY do not agree to an.
allocation of financial responsibility within 30 days after presentation of
documentation. by KEYS, both parties shall, be relieved of their obligations under
this Agreement.
5.3 ENGINEERING AND DESIGN. KEYS, or its duly procured
contractors or agents, will design the Feeder Extension, in.general confonnance with
the conceptual. drawing attached as Exhibit "A" and in. compliance with all
applicable regulations. The parties recognize that physical deviations from. the
4
................................................................................... ................................................................................................. .............................................................................................
conceptual, drawing may be necessary to address physical, and legal. concerns
including but not limited to pen-nit conditions, easements and/or rights of use, or
physical constraints such as subsurface conditions.
5.4 PERMITTING. KEYS, or its duly procured con-tractors or agents, will
obtain all necessary perniits and approvals from the City of Key 'West, Monroe
County and any other governmental entities of competent jurisdiction. necessary to
construct the Feeder Extension. Notwithstanding the foregoing, if KEYS is
reasonably unable to obtain.any such.permits and/or approvals, .KEYS may terminate
this Agreement and shall refund to COUNTY any sums remitted by COUNTY to
KEY here-under.
5.5 STRUCTURE INSTALLATION. KEYS, or its duly procured
contractors or agents, will instal.] above-ground utility structures (poles, guys, etc.)
sufficient to complete the Feeder Extension.
5.6 PRIMARY CABLE AND CONNECTIONS. KEYS, or its duly
procured contractors or agents, will install all necessary primary cable and make
necessary connections between the existing feeder and the Feeder Extension..
5.8 PROJECT MANAGEMENT. KEYS w-11.1 provide construction
management to ensure expeditious completion. KEYS will give due consideration.
to any suggestions provided, by COUNTY representatives, but, with respect to
construction, occurring other than. on. EYW property, shall not be bound by such
suggestions. KEYS shall accommodate reasonable requests related to construction.
management with respect to construction occurring on. E'YW property. Any
additional, costs incurred as a result of KEYS' accommodation of such requests shall
be fully prior communicated to COUNTY, in writing, and shall be borne by
COUNTY.
ARTICLE 6 — PROCEEDING WITH WORK
6.1 FEEDER. EXTENSION PRELIMINARY DESIGN. KEYS will
commence preliminary design of the Feeder Extension -under the terms herein -upon.
COUNTY and KEYS approval, of this Agreement.
6.2 _FEEDER.__EXTENSION' PHASE 1. After the preliminary design of the
Feeder Extension, has been completed by KEYS (at no expense to COUNTY) and
approved by KEYS' General Manager & CEO and Monroe County 'Executive
Director of Airports, KEYS will proceed to Phase 1, consisting of the categories of
work. set forth within that category in. Exhibit "B", attached hereto and incorporated
herein. KEYS will, procure all third-party services it deems necessary or desirable to
complete Phase I. at KEYS' expense.
6.3 FEEDER.EXTENSION PHASE 2. Upon completion,of Phase I., KEYS
will proceed to Phase 2, consisting of the categories of -work set forth within that
category in. Exhibit "B". KEYS will, procure all third-party services and materials it
5
deems necessary or desirable to complete Phase 2 on a not-to-exceed or flat-fee
basis. In the event. the aggregate cost of all, services and materials required uired to
complete Phase 2, as procured or provided, by KEYS, does not exceed the Phase 2
Total Cap (without respect to environmental costs as addressed in Article 7.3) set
forth in.Exhibit "B". $1,0(J0,000, KEYS will execute Phase 2 to completion and will
charge the County, in the manner set forth herein, all actual incurred, costs not-to-
exceed $1,000,000. In the event the aggregate cost of all. services -within. Phase 2, as
procured or provided by KEYS, exceed the Phase 2 Total. Cap (without respect to
environmental costs, as addressed in Article 7.3), $1,000,OQO, 'KEYS will execute
Phase 2 to completion, and will. charge County, in, the manner set forth herein., the
suill. of$1,000,000. KEYS shall bear all costs exceeding $1,000,000.
ARTICLE 7 — COSTS AND PAYMENT
7.1 GENERAL RESPONSIBILITIES FOR DEVELOPMENT AND
F:E:EDER EXTENSION. KEYS will be responsible for all costs associated with.
..................
preliminary design, the procurement process, project management, development of
final design documents, drawings, blueprints, surveys, environmental review, and
permitting/right of way. COUNTY be responsible for equipment, materials, and
I 'installation connection, to
labor associated with the structure installation., cable
existing feeder, site restoration, and, all other costs related to such, activities.
7.2 KEYS LABOR. AND STOCK MATERIALS. KEYS may, at its
discretion., provide labor or materials for use in the design of the Feeder Extension.
Any engineering labor provided by KEYS' personnel shall, be provided at no cost to
COUNTY. KEYS may, at its discretion, provide 'labor and materials for
construction.. Any line work/con.struction labor provided by KEYS and any stock
materials provided by KEYS in furtherance of the completion of Phase 2 shall be
billed to COUNTY at KEYS' actual and acquisition,. cost. Such costs shall be
included within documentation. provided to COUNTY.
7.3 ENVIRONMENTAL COSTS. A cost of $150,000 is listed within
Phase 2 amounts, but for purposes of calculations pursuant to Article 6.3 and this
Article is not included within Phase 2 costs. COUNTY will be responsible for the
cost of any environmental. actions required to be -undertaken.as a, condition precedent
to receipt of any permit or approval.necessary to construct the Feeder Extension.., not
to exceed, $150,000.00, but shall not be responsible for any remediati.on/m.itigation
costs or penalties resulting from violation by KEYS or its contractors of applicable
environmental regulations or non-compliance with any permit or approval.. In the
event Phase 11 environmental costs over $150,000 are required to be incurred (not
including remediation/mitigation costs arising from violation, as set forth. above),
KEYS will charge County, in the manner set forth herein, the sum of $150,000.
KEYS shall bear all, costs exceeding $1.50,000.
6
7.4 'APPLICATION ANDTAYMENT. KEYS has developed, a
preliminary Phase 2 'budget of$1,000,000 (excluding Phase 11 environmental costs),
as set forth on.Exhibit"B", attached,hereto and incorporated herein.. KEYS will remit
to COUNTY Appl I cations for Payment, including the actual, cost of -materials
delivered and services performed, as set forth herein. All applications for payment
remitted to the COUNTY shall be delivered to the EYW 'business office at 3491
South Roosevelt Blvd. KEYS will use best efforts to, but does not warrant,, that
Applications for Payment will. be tendered in approximate conformance with the
Proposed Payment-, Schedule set forth in. Exhibit "'B":
1.) Feeder Extension Phase 1:: Final.Design./Planning/Permitting(KEYS Cost
as set forth in Exhibit "'B"): Engineering Design/Drawings/ Blueprints,
Surveys, Env iron m ental 'Review, Peri-nitting/Right-of- ay, Easement Rights
2) Feeder Extension Phase 11: Construction (EYW/KEYS Costs as set forth
in Exhibit "B"): General Electrical, Materials, Development of Bidding
Documents, Program Administration., Inspections
COUNTY payments made pursuant to this Agreement shall. be made from. the EY'W
airport enterprise fund. COUNTY shall -make payment in accordance with. the
Florida Local Government 'Prompt Payment Act. KEYS shall. submit to COUNTY
invoices with, supporting documentation. acceptable to the Monroe County- Clerk of
Court (Clerk), on a MONTHLY schedule in arrears. Acceptability to the Clerk is
based on. generally accepted accounting principles and such. laws, rules and
regulations as may govem. the Clerk's disbursal of funds. COUNTY shall. make
payment to KEYS by wire transfer. KEYS shall. have no obligation to proceed to
Phase 2 until. receipt of full. payment under the Application for Payment for Phase 1.
REIMBURSEMENT. The Parties 7.5 FUTURE CONNECTIONS.-,. ..............................
recognize that eight other properties ("Potential. N ewl.y Fed Properties"), as set forth,
in. 'Exhibit "C" attached hereto and incorporated herein, may in. the future receive
service primarily by use of the Feeder Extension. In the event the owner of a
Potential newly Fed Property establishes electric service as of a date wh'.ch is within
thirty-five (35) years after the Effective Date of this Agreement, and such, use
reasonably requires primary use of the Feeder Extension., KEYS will. charge such.
owner a share of the total cost paid to KEYS by COO NI''Y pursuant to this
Agreement which is attributable to materials and installation. cost of overhead
service from the secti-onalizer cabinet near 2601 S. Roosevelt Boulevard to the
property line of 3491 S. Roosevelt Boulevard. KEYS will bill. each. such Potential
Newly Fed Property, as a condition precedent to the establishment of electric service
to such. property, one ninth (1/9) of such, cost. Upon. receipt of such funds, KEYS
shall be entitled to retain 15% as an. administrative fee and, within. thirty (30) days,
7
remit to COUNTY the remaining 85% of the amount actually received. Upon receipt
by COUNTY, said funds shall be deposited, in, the EYW airport enterprise fund.
KEYS shall have no obli.gation to collect any sums from the owner of any Potential
Newly Fed Property who establishes electric service reasonably requiring primary
use of the Feeder Extension as of a date which, is more than thirty-five (35) years
franc the Effective Date. COUNTY acknowledges that there is no guaranty that. any
Potential. Newly Fed Property will establish electric service -under these terms, and
thereby no guaranty that any reimbursement will be remitted. COUNTY further
acknowledges and agrees that any right to reimbursements is not personal, to
COUNTY but rather will automatically- run with title to the -property located at 3491
S. Roosevelt 'Boulevard. KEYS will remit any amount required to be remitted
pursuant to this Section 7.5 to the record owner of 3491 S. Roosevelt Boulevard as
of the date the payment is received by KEYS.
ARTICLE 8 —INDEMNIFICATION AND SOVEREIGN IMMUNITY
COUNTY and KEYS, as political sub-divisions of the State of Florida, as
defined in. Section. 768.28, Florida Statues, agree to be fully responsible to the limits
set forth in such statute for their own. negligent
acts or omissions, or
tortious acts, which result in claims or suits against them", and agree to be liable to
the statutory limits of any damages proximately caused by said acts or omissions, or
-intentional tortious acts. Nothing contained in this Agreement shall, be construed to
be a waiver by either party of any protections 'under sovereign immunity, Section.
768.28 Florida Statutes, or any other similar provision of law. Nothing contained
herein shall be construed to be a consent by either party, to be sued by third parties
in any matter arising out of this or any other Agreement.
ARTICLE 9 —NOTICES
Any notice permitted or required by the Agreement shall be in writing and shall,
be either delivered in person, mailed by 'United States Mail, certified, with return
receipt requested and all postage prepaid, or delivered by Federal, Express, UPS or
other widely recognized overnight courier service. 'Notices sent by mail, shall be
effective on the third business day following postmark, whether or not actually
1 Notices delivered in person.received, if properly addressed with postage prepaid. Notic I
shall be effective upon. delivery,, Notice sent overnight courier services, properly
addressed with, all charges prepaid, shall be Effective at noon on the next business
day following placement of the notice in the hands of the courier service for delivery.
Notices shall, be given to the following addresses or such. other addresses as the
parties may specify in. -writing from time to time during the term.
8
To KEYS,,-
.Director of Engineering
Keys Energy Services
PO Box, 6100
Key West, FL 33040
To COUNTY:
Director of Airports and Monroe County Attorney's Office
Key West International Airport 1111 12" Street, Suite 408
3491 S. Roosevelt Blvd. Key West, Fl. 33040
Key West, FL 33040
ARTICLE 1.0 — TERMINATION
10.1 IERMINATION'.. FOR CONVENIENCE. This Agreement may be
terminated in, whole by either party whenever, for any reason, the party determines
that such termination is in its best interest. Termination shall be effected
by delivery to the non.-terminating party of a written notice of ten'n-ination at least
sixty (60) days prior to the termination effective date. If such ten-ninati-on. Is effected
by KEYS, KEYS shall refund to COUNTY all sums received by KEYS from
COUNTY up to the date of termination, and shall bear sole responsibility for all
expenses incurred by KEYS as a result of this Agreement, including but not limited
to site restoration and monetary obligations incurred under third party contracts. If
such termination.is effected by COUNTY, KEYS shall., as of the date of termination.,
cease all activities hereunder. In such event, COUNTY shall compensate KEYS for
services per-formed and materials procured or ordered prior to the effective date of
termination., and not reasonably able to be cancelled, together with such costs and
expenses of KEYS which are incurred as a result of the performance of this
Agreement and which are reason-ably unable to be discharged as a result of the
termination., including but not limited to costs of site restoration and monetary
obligations incurred under third party- contracts prior to the effective date of
termination. KEYS shall have no duty to mitigate its damages with regard to
materials ordered prior to the effective date of termination., regardless of when
received.
10.2 DEFAULT AND TERMINATION FOR DEFAULT. Non-compliance
by either party hereto with any of its material obligations to the other party, as
provided herein constitutes a default under this Agreement. Upon any such default,
the non-defaulting party shall provide to the defaulting party a written.notice of such
default, which notice (a "Default Notice") shall, state in reasonable detail the actions
the defaulting party must take to cure the same. The defaulting party shall cure any
such default within. 30 days following the date of the Default Notice.
9
Notwithstanding the provisions of this Section, if any such default by the defaulting
.Party remains uncured at the conclusion of any specified 30 day cure period, and if
the nature of the defaulting party's obligations are such. that more than 30 days is
required to effect cure, then the defaulting party shall not be in default hereunder and
the non.-defaulting party shall. -not have the right to exercise its termination rights
granted herein as a result of any such. default, if the defaulting party commences cure
within.the applicable cure period and thereafter diligently pursues cure to completion
of performance. In the event the defaulting party fails to affect any required cure
.within. the time specified herein, the defaulting party shall be deemed to be in.
uncured default hereunder, and the non-defaulting party shall have the right,but shall.
not be obligated, upon written. Notice to the defaulting party, to terminate the
Agreement. If such Notice is given., this Agreement shall. terminate on the date set
Earth in the Notice.
ARTICLE 11 —AMENDMENT
This Agreement may be amended only by written. instrument signed by an
authorized representative of each of the parties hereto.
ARTICLE 1.2 — SEVERABILITY
If any term., covenant, condition or provi,sion. of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent Jurisdiction, the remaining
terms, covenants, conditions and provisions of this -Agreement shall not be affected
thereby; and each remaining term, covenant, condition. and provision of this
Agreement shal], be valid and shall. be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. COUNTY and KEYS agree to reform the Agreement to
-replace any stricken provision. with a, valid provision that comes as close as possible
to the intent of the stricken provision.
ARTICLE 1.3 —ATTORNEY'S FEES AND COSTS
COUNTY and KEYS agree that in the event any cause of action or legal
proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorneys' fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall, include reason-able attorney's fees, court
costs, investigative, and out-of-pocket expenses in appellate proceedings.
10
..................................................... ............................................ .............
ARTICLE, 1.4 —DISPUTE RESO'LUTION
The parties agree that all disputes and disagreements shall be attempted, to be
resolved by meet and confer sessions between representatives of each. of the parties.
If the issue or issues are still not resolved to the satisfaction. of the parties, they any
party shall have the -right to seek such relief or remedy as maybe provided by this
Agreement or by Florida law.
ARTICLE 1.5 -- NONDISCRIMINATION
The parties agree that there w-11lbe no discrimination against any person., and
it i expressly understood that -upon a determination, by a court of competent
jurisdiction. that discrimination. has occurred, this Agreement automatically
terminates without any further action. on. the part of any party, effective the date of
the court order. The parties agree to comply with all Federal and Florida statutes,
and all local ordinances., as applicable, relating to nondi-scriminati-on. These include
but are not limited to-, 1.) Title VII of the Civil Rights Act of 1.964 (PL 88-352), which
prohibit discrimination. ire. employment on, the basis of race, color, religion., sex., and
national origin.; 2) Title IX of the Education Amendment of 1.972, as amended (20
'USC §§ 1.681-1683, and 1685-1686), which prohibits discrimination on. the basis of
sex; 3) Section 504 ofthe 'Pehabifi-tation .Act of 1973, as amended (20 'USC § 794)�
which prohibits discrimination.on the basis of handicaps.; 4) The Age Discrimination.
Act of 1975, as amended, ('42 .USC §§ 61.01-6107), which prohibits discrimination.
on the basis of age, 5) The Drug Abuse Office and Treati.-nent Act of 1.972 (PL 92-
255), as amended, relating to nondiscrimination, on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention., Treatment and
Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination
on. the basis of alcohol. abuse or alcoholism; 7) The Public Health Service Act of
1-91-2, §§ 523 and 527 (42 USC §§ 690dd-3 and, 290ee-3), as amended, relating to
confiden.-tiality of alcohol and drug abuse patient records; 8) Tille 'V Ill' of"the Civil
Rights Act of 1.968 (42 USC §§ 3601 et seq.), as am-ended, relating to
nondiscrimination. in the sale, rental. or financing of housing; 9) The Americans with
Disabilities Act of 1990 ('42 USC §§ 12 10 1.), as amended, from time to time, relating
to nondiscrimination. in. employment on. the basis of disability; 10) Monroe County
Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
c 'I ion, national origin ancestry, sexual orientation, der *dent*
o or, sex, relig* ion, gender I ity or
expression, familial status or age; and 11.) any other nondiscrimination.provisions in
any federal. or state statutes which may apply to the parties, to, or the subject matter
of, this Agreement.
............. ......................................
ARTICLE 1.6 —PUBLIC RECORDS
The parties shall allow and permit members of the public reasonable access
to, and inspection of, all documents, papers, letters, or other materials subject to the
provisions of Chapter 119, FloridaF Statutes, and made or -received by the parties in.
conjunction with this Agreement.
ARTICLE 1.7 —THIRD PARTY RELIANCE
No person or entity shall be entitled to rely upon any terms of this Agreement
to enforce or attempt to enforce any third-party claim or benefit contemplated
hereunder, and the parties agree that neither KEYS -nor COU-NTY or any agent,
officer, or employee of each.shall,have the Authority to inform, counsel., or otherwise
indicate that any particular individual or group of individuals, entity, or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this
Agreement.
,ARTICLE 18 — GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with. the
Laws of the State of Florida applicable to con-tracts made and to be performed
entirely in. the State. In the event that any cause of action or administrative
proceeding is 'Instituted for the enforcement or interpretation of this Agreement, the
parties agree that venue will lie in the appropriate court or before the appropriate
administrative body in. the 1.6th Judicial Circuit in and for Monroe County, Florida.
ARTICLE 1.9 —ENTIRE AGREEMENT
This Agreement contains the entire agreement and-understanding between the
parties hereto with respect to the subject matter hereof, and supersedes all prior and
contemporaneous agreements, understandings, inducements and conditions,, express
or implied, oral, or written., of any nature whatsoever with respect to the subject
matter hereof.
ARTICLE 20 -- COUNTERPARTS
This Agreement shall be executed in two or more counterparts, any of which
shall.be regarded as an, original and all of which. shall constitute but one and the same
instrument.
ARTICLE 21 —BOOKS, RECORDS, DOCUMENTS
KEYS shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied.
. Records shall be retained for a period of
12
1.0 fiscal, years after completion, of the improvement or the termination of this
agreement. Each party to this Agreement or its authorized representatives shall, have
reasonable and timely access to such records of each other party to this Agreement
for public records purposes during the term of the Agreement and for five years
following the termination of this Agreement. If an, auditor employed by the
COUNTY or Clerk determines that monies paid to KEYS pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were
wrongfully retained by the KEYS, KEYS shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes,, running from the
date the monies were paid by COUNTY. Such return shall not preclude the
availability or exercise of any available legal, or equitable remedies related to the
disposition, of such, monies by KEYS.
ARTICLE 22 — NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a. covenant
or agreement of any member, officer, agent or employee of KEYS or C;(7UNTY in
his or her individual capacity, and no member, officer, agent or employee of KEYS
or COUNTY shall, be liable personally on this Agreement or be subject to any
personal, liability or accountability by reason of the execution of this Agreement.
ARTICLE 23 — SECTION HEADINGS
Section headings have been. inserted in. this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will. not be used in, the interpretation of any provision of
this Agreement.
ARTICLE 24 — MUTUAL REVIEW
This agreement has been carefully reviewed by KEYS and EYW', therefore
this agreement is not to be construed against either party on the basis of authorship.
THE REMAINDER. OF THIS PAGE HAS BEEN INTENTIONALLY 'LEFT
BLANK,
13
IN WITNSS 'V�HERE4F, the parties hereto hive duly executed this Interlacal
A., reement as of:the date first.above written.-
t ter.,-.r•`''.�''�r1�n r'�^1t:.'��f:^i�i:;...��'>,
MV �1 ilFiCOUNTY,-FLORIDA -
A / •
.At t,� �� van Madok- Clerk
. �{,ry,.r+ tr liA�•�i C:1V u ` ��"a.'z� .,sue""
By.:-
pub.Clerk ayor
FOCI '
QEn K10,,.
ASS! Ulm�►1MRNEY
d/ :.. .,. ..
at UTILITY' BOARD OF. THE. CITY -OF'
1.8/25
KEY WE-
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