Memorandum of Agreement
MEMORANDUM OF AGREEMENT
AMONG
DEPARTMENT OF THE NAVY,
THE FLORIDA STATE HISTORIC PRESERVATION OFFICER,
MONROE COUNTY, FLORIDA
AND
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
FOR
THE REHABILITATION, LEASEITRANSFER
OF
HISTORIC BASE COMMISSARY (Building G-1)
NAVAL AIR STATION KEY WEST
KEY WEST, FLORIDA
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WHEREAS, the Department of Navy (Navy) is responsible for the implementation of
applicable portions of the Base Closure and Realignment Act of 1990 ( Title XXIX of P. L. 101-
510) as amended by P. L. 102-190 and P. L. 102-484, commonly known as the "BRAC"
program; and
WHEREAS, one of these properties is the former Navy Commissary-Building G-1, located on
the corner of Simonton and Virginia streets in the City of Key West, Florida (originally called
the Gato Cigar Factory). This building is listed on the National Register of Historic Places as
a contributing property to the Key West Historic District (8M01976). It has been selected for
individual action involving a short term lease and/or transfer to Non-DOD ownership; and
WHEREAS, the government of Monroe County, Florida (County) desires to lease and
rehabilitate Building G-1, and the Local Redevelopment Authority (LRA) located in the City of
Key West supports that lease and rehabilitation. The County has initiated negotiations with
the Navy for a five (5) year conditional lease of Building G-1 subject to it's compatibility with
the final reuse plan and completion of the appropriate NEPA documentation; and
WHEREAS, the Navy has followed the regulations (36CFR, part 800) implementing Section
106 of the National Historic Preservation Act of 1966 as amended (16 USC, section 470f); and
NOW, THEREFORE, the Navy, the Florida State Historic Preservation Officer (SHPO), Monroe
County, and the Advisory Council on Historic Preservation (Council) agree that the
undertaking shall be implemented in accordance with the following stipulations in order to
further take into account the effects of the undertaking:
SllPULA liONS
A. REHABILITATION
1. The parties to this agreement will ensure that all rehabilitation documents for this
project shall be prepared in accordance with the Secretary of Interior's "Standards for
Rehabilitation and Guidelines for Rehabilitating Historic Buildings" as published by the
U. S. Department of Interior- National Park Service (1995 revision).
Page-2
2. County project planners and administrators will ensure that all contractors selected as
bidders on the final plans and specifications shall have a verifiable record of having
successfully completed rehabilitation and restoration projects on Historic Structures.
The successful contracting firm will ensure that all field personnel working on/with the
historic features Building G-1 are trained and qualified to perform this rehabilitation work
in accordance with the Secretary of Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings.
3. The County working through the Navy Preservation Officer Charleston will maintain a
regular series of in-progress consultations with the SHPO prior to and during the
restoration work on Building G-1. Therein the County will provide the SHPO advance
copies of the proposed plans and specifications for review at the 300/0- 600/0 and 1000J'o
design levels. The SHPO will within 30 days, review & concur, or request additional
information or revision of documents submitted. In the event the SHPO does not concur
with the designs as submitted any questionable design work will not proceed until the
questionable features are modified to ensure the historic character of this National
Register Structure.
B. Documentation
The County is responsible for the historic documentation of this National Register
property. This documentation must be completed by the County and accepted by the
Florida SHPO prior to initiation of this rehabilitation. The documentation procedure will
be performed to Secretary of Interior's Standards and Guidelines for Architectural and
Engineering Documentation -Level II (revision 1990). The completed documentation
package will be submitted to the SHPO via the Preservation Officer- SOUTHNA VFAC-
Charleston, Code 064DC. A copy of the package will also be provided to the Historic
Florida Keys Foundation Inc., Key West, Florida.
C. Public Notice and comment period.
The LRA and County planning officials have held six (6) Public meetings wherein the
proposed lease and rehabilitation plans for Building G-1 were discussed in detail. In
each of these meetings a public question and answer period was provided to allow public
input. The established practice of public participation will be continued throughout this
undertaking.
D. Property lease or transfer
1. The Navy in complying with the mandates, goals and/or objectives of BRAC IV will
ensure the inclusion of a preservation clause in all lease documents for Building G-1 that
requires the tenants and/or subtenants to comply with section 106 and 110 of the
National Historic Preservation Act of 1966. See - Standard Preservation Clause insert in
Attachment-A. In the event the Navy agrees to transfer Building G-1 to the County, the
transfer/deed document will include the Standard Architectural Preservation Covenant
shown in Attachment-B.
Page-3
E. Program Review
1. At the end of each State of Florida Fiscal year, the SHPO or the Navy may
request a review of the terms and conditions of this agreement, which may be
amended following consultation with all of the signing parties.
2. The Navy shall provide the Florida SHPO an opportunity to inspect Building G-1
to verify adherence to the stipulations of this agreement. At the SHPO's request, the
Navy and/or the LRA shall provide information about or access to all records
concerning this undertaking which may effect this National Register property.
G. Dispute Resolution
Should any signatory or concurring party to this agreement object within 30
days of any future undertaking or actions proposed by the Navy or its tenants to this
building, the Navy shall consult with the objecting party to resolve the objection. If
the Navy determines that the problem cannot be resolved, the Navy will forward all
documentation relevant to the dispute to the Council. Within 30 days after receipt of
all pertinent documentation, the Council will either:
1. Provide the Navy with recommendation, which the Navy will take into
account in reaching a final decision regarding the dispute; or
2. Notify the Navy that it will comment pursuant to 36CFR 800.6(b),
and proceed to comment. Any Council comment provided in response to
such a request will be taken into account by the Navy in accordance with
36CFR 800.6(c)(2) with reference to the subject dispute.
Any recommendation provided by the Council addressing a specific dispute
shall be understood to apply only to that specific item of dispute. The Navy and
tenant's responsibilities to carry out all other actions under this MOA that are not the
subject of this specific dispute will remain unchanged.
At any time during the implementation of the measures stipulated in this MOA,
should an objection to any such measure or its manner of implementation be raised
by a member of the public, the Navy shall take the objection into account and consult
as needed with the objecting party, the SHPO, the County, and the Council to resolve
the objection.
H. Amendments
Any party to this Agreement may request that it be amended, whereupon the parties
will consult in accordance with 36 CFR Part 800.5(e)(5) to consider such amendments.
Attachment-C provides the Amendment Form to be used as the format for the
submission of proposed amendments to this agreement, and will be submitted
simultaneously by the proposing party to the other signatories of this Agreement.
Page-4
I. Effective Date
The effective date of this MOA is the date of its execution by the Council.
J. Execution
EXECUTION and implementation of this Memorandum of Agreement evidences that
the Navy has afforded the Council a reasonable opportunity to comment and that the Navy
has taken into account the effects of the Undertaking carried out under the terms of this
agreement.
FOR THE NAVAL AIR STATION KEY WEST:
BY:~/~ Date /OA.J~tJ~1
FOR THE FLORIDA STATE HISTORIC PRESERVATION OFFICER:
By: c~4 Date 1t ~/o/7
CO NTY OF MONROE, FLORIDA:
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I
R THE ADVISORY COUNCIL ON ISTORIC PRESERVATION:
J
Date~
By:
CONCUR/ACKNOWLEDGE:
THE LOCAL REDEVELOPMENT AUTHORITY, CITY OF KEY WEST, FLORIDA:
By: S U k'71l~'5 Date 12( 11;I9:r-
Page-5
ATTACHMENT A:
STANDARD PRESERVATION CLAUSE FOR LEASED PREMISES
Building G-1, the Old Navy Commissary Building on the Island of Key West is listed
on the National Register of Historic Places (Originally called the Gato Cigar Factory).
The following paragraph shall be included in all leases of Navy property that is listed on or
eligible for listing on the National Register of Historic Places:
Building G-1 is a contributing property to the Key West Historic District (8M01976).
Accordingly, the Lessee shall not undertake any activity that may effect this historic property
or any archeological finds on the property, including excavation, construction, alterations,
rehabilitation or repairs of the Property, without the written approval of the lessor's
contracting officer and compliance with Section 106 of the National Historic Preservation Act
of 1966 as amended, 16 U.S.C. 470(1992), and the Archeological Resources Protection Act,
16 U.S.C. 470aa-470mm (1979). Buried cultural materials or archival artifacts may be present
on the premises. If such materials are encountered, Lessee shall stop work immediately and
notify the contracting officer or project manager so that protection measures can be taken
until the find is assessed.
Page-6a
ATTACHMENT B:
STANDARD ARCHITECTUAL PRESERVATION COVENANT for TRANSFERRED PROPERTY
xxx. Grantee hereby covenants on behalf of itself, its successors and assigns, to the
Florida State Historic Preservation Officer (SHPO) to preserve and maintain (name of
property) located in the County of Monroe, State of Florida, more particularly described as
(legal description), in a manner that preserves and maintains the attributes that contribute to
the eligibility of the (name of historic property), of which said real property is a part, for the
National Register of Historic Places. Such attributes include exterior features (including
facades and fenestration, scale, color, materials, and mass), interior features determined
significant by the Florida SHPO, and views from, to , and across the property.
1. The (name of property) will be preserved and maintained in accordance with
the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitatina
Historic Buildinas (National Park Service). No construction, alteration, rehabilitation,
remodeling, demolition, disturbance of the ground surface, or other actions shall be
undertaken or permitted to be undertaken on (name of property) that would materially affect
the integrity or appearance of the attributes described above without the prior written
permission of the Florida State Historic Preservation Officer (SHPO), and signed by a fully
authorized representative thereof.
2. Upon acquisition of the Property, the Grantee will take prompt action to secure
the property from the elements, vandalism, and arson, and will undertake any stabilization
that may be required to prevent deterioration. Grantee will make every effort to retain or
reuse, to the extent practicable, the historic structure.
3. In the event that archeological materials are encountered during construction
or ground disturbing activities, work shall cease in the immediate area until the SHPO is
consulted and provides written permission to recommence work. Should the SHPO require,
as a condition of the granting of such per mission, that the Grantee conduct archeological
survey data recovery operations or other activities designed to mitigate the potential adverse
effect of the proposed activity on the archeoloaical resources the Grantee shall at his/her/its
own expense conduct such activities in accordance with the Secretary of the Interior's
Standards and Guidelines for Archeoloaical Documentation (48 FR 447344-37) and such
standards and guidelines as the SHPO may specify, including, but not limited to, standards
and guidelines for research design, field work, analysis, preparation and dissemination of
reports, disposition of artifacts and other materials, consultation with Native American or
other organization, and re-interment of human remains.
4. The Grantee will allow the Florida SHPO or his/her designee, at all reasonable
times and upon reasonable advance notice the Grantee, to inspect (name of property) in
order to ascertain whether the Grantee is complying with the conditions of this preservation
covenant.
Page-6b-covenant continued
5. The Grantee will provide the Florida SHPO with a written summary of actions
to be taken to implement the provisions of this preservation covenant with one (1) year after
the effective date of the transfer of (name of property). Similar reports will be submitted to
the Florida SHPO, with a copy to the Navy.
6. Failure of the Florida SHPO to exercise any right or remedy granted under this
covenant shall not have the effect of waiving or limiting the exercise by the Florida SHPO or
any other right or remedy or the invocation of such right or remedy at any other time.
7. In the event of a violation of this covenant, and in addition to any remedy now
or hereafter provided by law, the Florida SHPO may, following reasonable notice to Grantee,
institute suit to enjoin said violation or to require the restoration of (name of property). The
successful party shall be entitled to recover all costs or expenses incurred in connection
with such a suit, including all court costs and attorney's fees.
This covenant is binding on Grantee, its successors, and assigns, in perpetuity. The
restrictions, stipulations and covenants contained herein shall be inserted by Grantee, its
successors and assigns, verbatim or by express reference in any deed or other legal
instrument by which it divests itself of either the fee simple title or any lesser estate in
(name of property), or any part thereof.
Page-7
ATTACHMENT C:
AMENDMENT FORM
AMENDMENT #
DATE:
Amendment to the
MEMORANDUM OF AGREEMENT
AMONG
THE DEPARTMENT OF THE NAVY,
THE FLORIDA STATE HISTORIC PRESERVATION OFFICER,
MONROE COUNTY, FLORIDA
AND
THE ADVISORY COUNCIL ON HISTORIC PRESERVATION
FOR
THE REHABILITATION, LEASErrRANSFER
OF
HISTORIC BASE COMMISSARY (BUILDING G-1)
NAVAL AIR STATION KEY WEST
KEY WEST, FLORIDA
1. Need for Amendment:
(Describe briefly)
2. Amendment:
(Specify)
FOR NAVAL AIR STATION KEY WEST:
By: Date
FOR THE FLORIDA STATE HISTORIC PRESERVATION OFFICER:
By: Date
FOR THE COUNTY OF MONROE, FLORIDA:
By: Dare
FOR THE ADVISORY COUNCIL ON HISTORIC PRESERVATION:
By Dare
CONCUR/ACKNOWLEDGE:
THE LOCAL REDEVELOPMENT AUTHORITY, CITY OF KEY WEST, FLORIDA:
By: Date