License
oS
U,CEJlCSE FOR HONFEOERAL USE OF REAL PROPERTY
HAVFAt 11011/29 (1t-75) {~TSed~ NavDocIa 2260}
THIS LICENSE TO USE THE US. GOVERNMENT PROPERTY HEREIN DESCRIBEO IS ISSUED BY THE
DEPARTMENT OF THE NAVY TO THE LICENSEE NAMED BelOW FOR THE PURPOSE HEREIN SPECIFIED
UPOM THE TERMS AND CONDITIONS SET FORTH BelOW AND THE GENERAL PROVISIONS' ON THE
REVERSE SIDE HEREOf. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL
SUCH TERMS. CONDITIONS ANO GENERAL PROVISIONS.
LICENSE NUMBER
N62467-98-RP-00104
1. NAVAL ACTIVITY {Properry loctttitmJ 2. OATES COVERED (/nc~)
Naval Air Station.
Ke West, FL FROII 1 April 1998
3.. OESC1umON OF PROPERTY {Include room /lnd buildinz numbttn wht!n IlppropriJllt!}
Navy Commissary, 1100 Simonton Street, Key West, FL as indicated on Exhibit "A" and
"B", attached hereto and made a part hereof.
TO 31 March 1999
4. PURPOSE OF LICENSE
For use as Administrative and Community Service Offices.
UNITED STATES OF AMERICA
DEPARTMENT OF THE NAVY
6. LICENSEE (Nll1nt! tmd Dddras)
County of Monroe,
Key West, Florida
5100 College Road,
33040
Sa. LOCAL REPRESENTATIVE. DEPT. OF NAVY OFFICIAL (Tit/t! and Ilddrest)
Commanding Officer, Naval Air Station,
Key West, Florida
6.. LOCAL REPRESENTATIVE (Name and Dddr~)
James L. Roberts, County Administator
S. liCENSOR
&. AMOU.T(E4ch
ptlJ'mmr)
7. CASH PA YMEHT BY LICENSEE (Plyabl. in ICfnnca)
flfno cash pay'men! is 'eQuir~, enter "Nont!"under item 711 "Amount"j
j). FREQUENCY to FIRST DUE DATE d. TO (Title and address of/ocal representative of the Govemmmt)
PAYMENTS DUE
SEE ATTI1-CHED
&. AMOUNT (uch
deposir)
I. DEPOSIT FOR UTILITIES AND SERVICES (Payabla in IdYllIC.)
(If no cash payment is required, enter """ont! "under item 811 "Amount")
. b. fREQUENCY c. FIRST DUE DATE d. TO (Mailing addresJ)
PAYMENTS DUE .
:r
o
:c )>
::0("',)2
Or- :.!::
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o \D
.0)
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-
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r-
,."
o
SEE ATTI\CHED
9. INS~RA~CE REQUIRED AT EXPENSE OF LICENSEE 0("').
(If any or al! insurance requirements halJe been wailJed, enter "None" in a,b,c, or d as appTOprillt~ -
TYPE
.. FIRE AND EXTENDED
COVERAGE
MINIMUM AMOUNT
TYPE
c. THIRD PARTY PERSONAL
INJURY PER PERSON
<.It
$ SEE ATTACHED
b. T:-iJRO PARTY
PROPERTY DAMAGE
$
d. THIRD PARTY PERSONAL
INJURY PER ACCIDENT
$
10. GENERAL PROVISIONS (Su RneTSl! Sid~J
The attached provisions contained in Paragraphs 3 - 31 shall also apply unless
otherwise noted. Substitute the word "License" for "Lease: in all cases and
substitute the word "Licensee" for "Lessee" in all cases.
II. EXECUTION OF LICENSE
BY
FOR
DATE
LICENSEE
NAME AND TITLE T
SIGNATURE
DEPARnAENT
OF THE :.... . R.
NAVY
//
If Licensee is a CiJfporation. Certif~tion of signa.ftt.JChed / iD APPROVED AS TO FORM
Cj:-;CURRE:,j ~ . DANN'y ~( KOlHAGE, QERK AN l S FFI C,
BY,.&,....~~~ BY
- - - OE-~~ ~ ROBERT N. W ~
C K ~/I, 9l:-, DATE ~-(6--
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:l1.{1 :ISO 01 14~!J "41 :l:lSU~:>1"'} :ll{1 01 SlUv! .<q:lJ:I't JOSUd:>n ~ ...
SNOISI^Ol:fd ''tfH3N3~ 1U
3. RENT.
3.1 I~ lieu of cash rental, the Lessee shall provide protection and
maintenance/repair services for the Premises as described in Paragraph 12.
3.2 . . Lessee shall keep adequate records and books of account sho"Ying the
actual cost to it of all items of labor,. material, equipment, supplies, services, arid other items of
cost of any nature constituting an item of actual cost incurred by it directly in the performance of
any item of work or service in the n!~repair, protection and maintenance services
~e. scribed in paragraph .12 t~ M~ d t.lF a,emises as in-~nd consideration ~or ren.t or capital
Improvements as descnbed IVJi .1rJ.;ee shall provIde Government With an annual
report of rents received, total expenditures for. repair, protection and maintenance services, and
capital improvement expenditures. . Lessee shall also provide Government with access to such .
records and books of account and proper facilities for inspection thereof at all reasonable times.
All information obtained from said records and books of account shall be deemed confidential.
4. USE OF PREMISES.
4.1 The sole purpose for which the Premises may be used, in the absence of prior
\vritten approval by the Government for any other use, is for use consistent with the Lessee's
Consensus Reuse Plan approvedb)' the Local Redevelopment Authority (LRA) on 16 September
1997 and authenticated on 9 October. 1997.
4.2 Government may continue. to store material in the building until September
1998 as documented in the Federal Regi~ter excess notice for the Commissary and will have free
access.. ~o building for the manag~ment of those .materials without interference by Lessee's
~ctivities in building.. Lessee is responsible fof taking whatever action is necessary to ensure
their. access does not result in vandalism or damage to the building and stored Government
materials.
. 4.3 The Simonton Street Commissary, Building Number G-1, is listed ~n the
National Register of Historic Places. Lessee will coordinate any proposed aesthetic, structural or
landscape alterations to this building with the Navy and the Florida State Historic Preservation
Officer (SHPO) prior to undertaking said alterations. Any approved aesthetic, structural or
landscape alterations to this building must be done in accordance with the Secretary of the
Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
(U.S.Department of the Interior, National Park Service) and will be the subject of consultation
between the Lessee, the Navy, and the Florida SHPO.
4.4 Lessee will fund all documentation required by the Florida State Historic
preservation office and Historic Building Preservation.
3
5. ASSIGNMENT OR SUBLETTING.
5.1 Lessee is authorized to sublease property included in a lease without
obtaining Navy approval of the sublease, provided the ~ublease incorpprates the terms of the
lease (except for rental terms which may be different in amount or expressed differently) and
does not include any prov'isions that are inconsistent with the lease. A copy of the sublease must
be provided to the Navy....ltJthe eyen! that the terms and conditions of the proposed sublease do
not comply with or are it icj.Ifj1 Tis Lease, then prior Government approval is required.
Any proposed subleaseUt~lufJ1s e use,ofhazardous or toxic materials, including those of
an explosive, flammable or pyrotechiiic nature, asprovided in 10 V.S.C. 2692, shall require prior
Government approval. Such consent shall not be unreasonably withheld or delayed. Each
sublease shall contain the environmental protection provisions set forth in Paragraph 13 herein.
Under no circumstances shall Lessee assign this Lease.
.5.2 II!ianted by Lessee shall contain a copy of this lease as an
attachment and be subj 0 " and conditions of this lease arid shall terminate
immediately upon the e. 'f;er termination of the lease, without any liability on
the part of Government to Lessee or any sublessee. Under any sublease made, with or without
consent, the sublessee shall be deemed to have assumed all of the obligations of Lessee under
this Lease. No sublease shall relieve Lessee of any of its obligations hereunder.
,5.3 Etit exec .fa copy of the sublease shall immediately be furnished
to Government. Shoul . c " . tween the provisions of this Lease and a provision of
the sublease, the provis . ha~l take precedence. Any sublease shall not be taken
or construed to diminish or enlarge any of the rights or obligations of either 'of the parties under
this Lease.
i . PECTION REPORT. A joint inspection has been conducted by
rep 0 ee and Government of the Premises, including all personal property and a
com en ory of Government real and personal property has been made. A report has been
made of the condition of the Premises, including personal property and any deficiencies which
were found to exist have been noted in such report. Each inventory is identified by building or
facility number, and si:&anEth parties to the lease. The Joint Inspection Report is
attached to the lease as ., lated personal property in a building, unless
specifically exempted b . ditions of this lease, is intended to re,main with that
building. All real and personal property delivered to Lessee shall be delivered "as is, where is",
and. as such, Government makes no warranty as to such real and personal property either as to
their usability generally or as to their fitness for any particular purpose. Any safety and/or health
hazards identified shall be corrected at Lessee's expense prior to use and occupancy. Should this
Lease terminate and not be succeeded by a conveyance of title to the Premises, Lessee shall turn
over to Government the Premises in the same condition in which they were received, reasonable
wear and tear and acts of God excepted: provided, nevertheless. Lessee may at its expense and
4
. .", -"~' ~~
with prior approval of Government, which approval shall not be unreasonably delayed, (a)
replace any p~rsonal property \yith,personal prop~rty of like kind and utility, (b) repair any
personal property in a good and workmanlike manner, and (c) dispose of any worn out~ obsolete
or non-functioning personal property.
7. ENVIRONMENTAL BASELINE SURVEY AND FINDING OF SUITABILITY TO
LEASE An Environmental Baseline Survey (EBS) and' Finding of Suitability to Lease (FOSL)
are attached as Exhibit "D" and made a part of this lease. The EBS sets forth the existing
environmentalDEf!~iemises as represented by the baseline survey which has been
conducted by t .. the FOSL sets forth the basis for the Government's
determination tfia i. s suitable for leasing. The Lessee and Sublessee are hereby
made aware, of the notifications contained in the EBS and FOSL and shall comply with all
restrictions set forth therein.
8. AL TERA TIONS. No additions to, or alterations of, the Premises, including capital
improvements and ground excavation shall be made without the prior written consent of the
Government which consent shall not be unreasonably withheld or delayed. Such consent may
involve a requirement to provide the Goveniment with a performance and payment bond
satisfactory to it in all respects and other requirements deemed necessary to protect the interests
of the Government. Upon termination of the lease other than by transfer of Premises to Lessee
or by revocation or surrender of any sublease, to the 'extent directed by Government Lessee
shall, at the option of and at no expense to the Government, either:
8.1 Promptly remove all alterations, additions, betterments, and improvements
made or installed and restore the Premises to the same or as good condition as existed on the date
of entry under this lease, reasonable wear' and tear'excepted; or
8.2 Abandon such additions or alterations in place, at which time title to said
alterations, improvements, and additions shall vest in Government.
Provided in either event all personal property and trade fixtures of tenant or any third person may
be removed and tenant shall repair any damages to the leased premises resulting from such
removal.
, 9. ACCESS BY GOVERNMENT. In addition to -access required under Paragraphs 4.2
and 13, at all reasonable times throughout the term of this lease, , Government shall be allowed
access to the Premises for any purposes upon notice to Lessee. Government normally will give
Lessee or :any sublessee 24-hour prior notice of its intention to enter the Premises unless it
determines the entry is required for safety, environmental. operations or security purposes.
Lessee shall have no claim on account of any entries against the United States or any officer,
agent, employee or contractor, therefore, all necessary keys to the buildings and Premises
occupied by Lessee or any sublessee shall be made available to Government upon request.
'"
'.... .~...;;\.,~~...~_.
10. UTILITIES. Procurement of utilities, i.e., electricity, water, gas, steam, sewer,
telephone, and trash removal will be the responsibility of the Lessee. In the event that the
Government shall furnish Lessee with any utilities or services maintairied by'the Government
which Lessee may require in connection with its use of the Premises, Lessee shall pay the
, Government the charges therefor in addition to the cash rent if arty required under this lease.
Such charges and the method of payment shall be determined by the Government in accordance
with applicable laws and regulations. If directed by the Governnient, the Lessee at its s<?le cost
shall install metering devices for utilities serving the Premises prior to its occupancy of the
Premises, and the volUme of utilities used by Lessee shall be determined by such metering
devices. It is expressly agreed and understood that the Government ,in no way warrants the
continued maintenance or adequacy of any utility or service furnished by it to Lessee.
11. NO INTERFERENCE
11.1 The Government and the Lessee will coordinate the conduct of any joint
occupancy of the Pre~ises if required for the performance of environmenta~ cleanup or
restoration a9tions by the Government, Environm,ental Protection Agency (EPA), State of Florida '
.or'their contractor.
11.2 Lessee shall not conduct operations, nor make any alterations, that would
interfere 'vvith or otherwise restrict Navy operations or environmental clean-up or restoration
actions by the Government, EP A, State of Florida, or their contractors. Cleanup, restoration, or
tes~ing activities for environmental purposes by these parties shall take priority over Lessee's use
of the Premises in the event of any conflict. '
12. PROTECTION AND MAINTENANCE SERVICES. Lessee shall furnish all labor,
supervision, materials, supplies, aild eqUipment necessary to furnish the maintenance and repair
of the following building systems and appurtenances: structural, fencing, plumbing, electrical, ,
heating and cooling systems, exterior utility ~ystems, pavement and ground maintenance,
(including grass cutting, shrub trimming, and tree removal), pest control to make sure the
Premises remain free from rodents, insects, termites; animals and weeds, refuse removal and
security and fire protection necessary .for the protection of the Premises. Government shall not
be required to furnish any services or Facilities or to make any repair or alteration in or to the
Premises. Lessee hereby, assumes the full and sole responsibility for the protection, maintenance
and repair of the Premises. For specifics as to such protection and maintenance and repair
required to be provided by Lessee hereunder the following provisions shall apply:
12.1 Maintenance & Repair. The degree of maintenance and repair services to
be furnished by Lessee hereunder shall be that which is sufficient to assure weather tightness,
structural stability (excluding any seismic retrofit and/or modifications to foundations resulting
from extraordinary natural occurrences such as earthquakes and landslides), protection from fire
hazards or erosion. and elimination of safety and health hazards, which arise during the term of
the Lease and which are not caused by the actions of the Government or its employees,
contractors. or agents. so that the Premises being serviced will remain in the condition in which
6
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they exist at the commencement of the lease as documented in the Joint Inspection Report
prepared p1:ll"suant to pm;agraph 6, ordinary wear and tear and acts of God excepted. Thisdoes
not apply to any pre-existing defective conditions (exclusive of safety and/or health hazards) of
the Premises belonging to the Government which were identified as defective at the time of the
joint inspection, such defects being noted and included in the, Joint Inspection Report. Any
repair to correct such pre-existing defective conditions shall be at the Lessee's option and
. expense. The Government, upon due notice, may inspect the Premises to insure performance. of
the maintenance set forth herein.
. 12.2 Exterior Utility SYstems. Unless otherwise determined jointly between the
Government and the Lessee, the physical limits of Lessee's maintenance responsibility for utility
systems will be as follows:
Potable water lines - Lessee shall maintain from the outlet side of the meter on
metered services, from and including the service cut-off box and valve outside the building for
non-metered services, or from five feet beyond the outside edge of buildings in cases where there
is no meter or shut off valve to and,including all plumbing fixtures.
Waste and sewage lines (including all lines six inches in diameter and smaller) -
Lessee shall maintain from the connection at the eight inch or larger sewer main or lateral at the .
street, to and including all drains and plumbing fixtures.
Natural and propane gas lines - Lessee shall maintain from the cut-off valve at the
pressure regulator and lor storage tank to Glfold including all appliances, heaters, or equipment
connections.
Electrical systems (600 volts and less) Lessee shall maintain from beginning at
and including the weatherhead. In the case of underground power electrical systems shall be
maintained beginning at and including the meter base, or if no meter exists, from the low voltage
side of the transformer.
Storm sewer system - Lessee shall maintain all storm sewer system components
including pipes and catch basins on or under leased premises.
12.3 Refuse Removal. Debris, trash and other useless materials shall be
promptly removed from the Premises, and the area of work shall be kept reasonably clean and
free of useless materials at all times. At completion of the lease, the area of work and the
Premises shall be left without containers, Lessee's equipment, and other undesirable materials,
and in an acceptably clean condition.
12.4 Securitv Protection. Lessee shall provide security to assure security and
safety of the Premises. Any crimes or other offenses. including traffic offenses and crimes and
offenses involving damage to or theft of Government property, shall be reported to the
7
appropriate authorities for their investigation and disposition and to Government as property
owner.
12.5 Fire Protection. Lessee shall be responsible for fire protection of the
Premises.
1'3. ENVIRONMENTAL PROTECTION PROVISIONS.
13.1 Lessee and any sublessee shall comply with the applicable Federal, state,
and local laws, regulations, and standards that are or may become applicable to Lessee's activities
on the Premises.
13.2 Lessee and any sublessee shall be solely responsible for obtaining at its cost
and expense any environmental permits required for its operations under the lease, independent
of any existing permits. Copies of all required operation permits shall be provided to the
Government.
13.3 Lessee shall indemnify and hold harmless ,Government from any costs,
expenses, liabilities, fines, or penalties resulting from discharges, emissions, spills, storage,
disposal, arising from Lessee's occupancy, use or operations, or any other action by Lessee or
any sublessee giving rise to Government liability, civil or criminal, or responsibility under
Federal, state, or local environmental laws. This provision shall survive the expiration or
termination of the lease, and Lessee's obligations hereunder shall apply whenever Government'
incurs costs or liabilities for Lessee's actions.
The Government shall indemnify and hold harmless Lessee to the extent
authorized in Section 330 ofP.L. 102-484.
13.4 Government's rights under this lease specifically includes the right for
Government officials to inspect upon reasonable notice the Premis~s for compliance with ,
environmental, safety, and occupational health laws and regulations, whether or not Government
is responsible for enforcing them. Such inspections are without prejudice to the right of duly
constituted enforcement officials to make such inspections. The Government normally will give
the Lessee or sublessee ~enty four (24) hours prior notice of its intention to enter the Premises
unless it determines the entry is required for safety, environmental, operations, or security ,
purposes. The Lessee shall have no claim on account of any entries against the United States or
any officer, agent, employees or contractor thereof. The. Lessee will establish a program to
ensure compliance with OSHA standards \Vhich will include an annual inspection to identify
deficiencies in the Premises. the resolution of those deficiencies, and an annual report to the
Government noting all deficiencies and their resolution.
13.5 The Simonton Street Commissary, Key West has not been identified as a
National Priority List (NPL) Site under the Comprehensive Environmental Response
8
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.- .......... .., ~-_....._.-"_,,..._..:.........-....._.~.__h__...._<;....._,...._.........-
Compensation and Liability Act (CERCLA) of 1980, as amended, and as such is not subject to
~y Inter-Agency Agreement (lAG).
13.6 The Government, F;P A, and the ~lorida Department of Enviroriment~
Protection (FDEP) and their officers, agents, employees, contractors, and subcontractors have
the right, upon reasonable notice to Lessee and any" sublessee, to enter upon the Premises for the
purposes enumerated "below and for "such other pUrposes consistent with any provision of the
Installation Restoration Program (IRP).
13.6.1 To conduct investigations and surveys, including, where necessary,
drilling, soil and water sampling, testpitting, testing soil borings and other activities related to the
IRP.
13.6.2 To inspect field activities of the Government and its contractors
and subcontractors in implementing IRP.
13.6.3 To conduct any test or survey required by the EPA or FDEP
relating to the implementation of the lRP at the Premises or to verify any data submitted to the
" EP A or FDEP by the Government relating to such conditions.
13.6.4 To"construct, operate, maintain, or undertake any other response or
remedial action as required or necessary "under the IRP, including, but not limited to, monitoring
wells, pumping wells, and treatment facilities.
" 13.7 Lessee further agrees that in the ~vent of any assignment or sublease of the
Premises, it shall provide to the EP A and FDEP by certified mail a copy of the agreement or
sublease of the Premises within fourteen (14) days after the effective date of such transaction.
Lessee may delete the financial terms and any other proprietary information from the copy of any "
agreement of assignment or sublease furnished pursuant to this condition.
13.8 Lessee shall not conduct or permit its sublessees to conduct, any
subsurface excavation, digging, "drilling or other disturbance of the surface without the prior
written approval of the Government.
13.9 The Lessee shall strictly comply with the hazardous waste permit
requirements under the Resource Conservation and Recovery Act (RCRA) and the State of
Florida equivalent. Except as specifically authorized by the Government in writing, the Lessee
must provide at its own expense such hazardous waste management facilities, complying with all
laws and regulations. Government hazardous waste management facilities will not be available
to the Lessee. Any violation of the requirements of this condition shall be deemed a material
breach of this Lease.
9
.' .... _ .. 1
13.10 DOD Component accumulation points for hazardous and other wastes will
not be used by the Les~ee or any su:blessee. Neither will the Lessee or subl~ssee permit its
hazardous wastes to be commingled with hazardous waste of the DOD Component. .
13.11 The Lessee shall'have a Government-approved plan for responding to
hazardous waste, fuel, and other chemical spills prior to commencement of operations on the
Premises. Such plan shall be independent of NAS Key West, Florida and shall not rely on use
of installation personnel or equipment. Should the Government provide any personnel or
equipment, whether for initial fire response and/or spill containment, or otherwise on request of
the Lessee, or because the. Lessee was not, in the opinion of the said officer, conducting timely
cleanup actions, the Lessee agrees to reimburse the Government for its cost.
13.12 The Lessee shall not construct or make or permit its sub lessees or assigns
to construct or make any substantial alterations, additions, or improvements to or installations
upon or otherwise modify or alter the Premises in any way which may adversely affect the
cleanup, human health, or the environment without the prior written consent of the Government.
Such consent may include a requirement to provide the Government with a performance and
payment bond satisfactory to it in all respects and other requirements deemed necessary to
protect the interests of the Government. For construction of alterations, additions, modifications,
improvements or installations (collectively "work") in the proximity of operable units' that are
part of a National Priorities List (NPL) Site, such consent may include a requirement for written
approval by the Government's Remedial Project Manager in addition to the approval by the
Contracting Officer. Except as such written approval shall expressly provide otherwise, all such
approved alterations, additions, modifications, improvements, and installations shall become
Governritent property when annexed to the Premises.
13.13 The Lessee agrees to comply. with the provisions' of any health or safety
plan in effect under the IRP during the course of any of the above descri~ed response or remedial
actions. Any inspection, survey, investigation, or other response or remedial action will, to the
extent practicable, be coordinated with representatives designated by the Lessee and any
sublessee. The Lessee and any sub lessees, assignees, licensees, or invitees shall have no claim on
ac~ount of such entries against th~ Government or any officer, agent, employee, contractor, or
subcontractor-thereof. In addition, the Lessee shall comply with all applicable Federal, State, and
local occupational safety and health regulations applicable with respect to its use of the Premises
during the term of this lease. Nothing herein shall obligate the Government to compensate
Lessee or any third person for any lost profits, lost opportunities, wages or operating expenses or
any other costs incurred'as a result of Lessee's cooperation pursuant to this paragraph.
13.14 Storage, treatment, or disposal of toxic or hazardous materials on the
Premises is prohibited except as authorized by the Government in accordance with 10 D.S.C. 2692.
13.15 The Lessee and any sublessee shall provide prior written notification to the
Government of any articles, tools, equipment or devices brought on-site which contain
radioactive material. Examples of potential radiological sources include radium-containing dials.
10
_~.'__;";':'M .._ n.' _"~'".,
. .
. - "--' -.'. .*....... - _._,_.~~ * ........-:.. ... ...;...--...:.......... '
gauges, and illuminators; tritium in illuminators and exit signs; thorium in optical lenses or
welding consumables; abrasive blasting material; or any radioactive source used for calibration,
medical diagnosis or therapy, or industrial radiography. The Lessee is responsible for removalof
any such potential radiol~~ical source~ upon termination of the Lease.
14. TERMINATION.
14.1 Termination bv Government. The Government shall have the right to
terminate this Lease without liability;
14.1.1 Upon ten (l0) day notice in the event of a national emergency as
declared by the President or the Congress of the United States; or
14.1.2 In the event of breach by the Lessee of any terms and conditions
hereof. In the event of a breach involving the performance of any obligation, the Lessee shall be
afforded ten (10) days from the receipt of the Government's notice of intent to terminate to
complete the perform~ce of the obligation or otherwise cure the subject breach and avoid
termination of this Lease. .The Government may grant a reasonable extension of time to
complete the cure. In the event that the Government shall elect to. terminate this Lease on .
account of the breach by the Lessee of any of the terms and conditions, the Government shall be
entitled to recover and the Lessee shall pay to the Government.
14.1.2.1 The costs. incurred in resuming possession of the
Premises.
. 14.1.2.2 The co~ts inc~ed in perfo~ing any obligation on the
part of the Lessee to be performed hereunder.:
14.1.2.3 An amount equal to the aggregate of any maintenance
obligations, and charges assumed hereunder and not paid or satisfied, which amounts shall be
due and payable at the time when such obligations, and charges would have accrued or become
due and payable under this Lease.
14.1.3. If the Lessee is tendered fee ownership of the leased premises and
fails to accept such ownership within one.hundred eighty (180) days of written notice of such
offer.
14.2 Termination bv Lessee. The Lessee shall have the right to terminate this
Lease upon. 30 days written notice to the Government in the event of breach by the Government
of any of the terms and conditions hereof. In the event of a breach involving the performance of
any obligation. the Government shall be afforded ten days from the receipt of the Lessee's notice
of intent to terminate to complete performance of the obligation or otherwise undertake to cure
the subject breach and avoid termination of this Lease. The Lessee shall also have the right to
terminate this Lease in the event of damage to or destruction of all of the Premises or such a
11
substantial portion thereof as to render the Premises incapable of use for the purposes for which
it is leased hereunder, provided:
14.2.1 The Government either has not authorized or directed the repair,
rebuilding, or replacement of the improvements or has made no provision for payment for such
repair, rebuilding, or replacement by application of mSW'311Ce proceeds or otherwise, and
14.2.2 That such damage or destruction was not occasioned by the fault or
negligence of the Lessee or any of its officers, agents, servants, employees, subtenants, licensees,
or invitees, or by any failure or refusal on the part of the Lessee to fully perform its obligations
WIder tius Lease.
14.3 Termination by Transfer. This Lease will terminate upon the transfer to
the Lessee of title to the leased Premises.
14.4 Environmental Contamination. In the event environmental contamination
is discovered on the property which creates, in Government's determination, an imminent and
substantial endangerment to hwnan health or the environment, and notwithstanding any other
tennination rights and procedures contained in this lease, Lessee shall vacate, or require any
sublessee to vacate, the Premises immediately upon notice from Govenunent of the existence of
such a condition and the requirement to so vacate the Premises. Exercise of this right by the
Government shall be without liability except that Lessee shall not be responsible for the payment
of rent, the amount of deduction to be determined on a daily pro rata basis, during the period the
Premises is vacated. Government', exercise of the right herein to order the property immediately
vacated does not alone constitute a tOimination of the lease, but such right may be exercised in
conjunction with any other tenninatiCJr\ rights provided in this lease or by law. Monroe County
will address all Asbestos-containing material (AMC) abatement during building renovations.
15. INDEMNIFICATION BY LESSEE. Lessee shall indemnify, defend~ and save
Govenwent harmless and shall pay all costs, expenses, and reasonable attorney's fees tor all trial
and appellate levels and post judgement proceedings in connection with any fines, suits, actions,
damages, liability, and causes of action of every nature whatsoever arising or growing out of~ or
in any manner connected with, the occupation or use of the Premises by Lessee and the
employees, agents, servants, guests, invitees, contractors and sub lessees of Lessee, including but
not limited to, any fines, claims, demands, and causes of action of every nature whatsoever
which may be made upon, sustained, or incurred by Government by reason of any breac~
violation, omission, or non-performance of any tenn, covenant~ or condition hereof on the part
of Lessee or the employees, agents) servants, guests, or invitees of Lessee. This indemnification
also applies to claims arising out of the furnishing of any utilities or services by the Govenunent
or any inteInIption therein or failure thereof, whether or not the same shall be occasioned by the
negligence or lack of diligence of Lessee, its officers, agents, servants or employees. However,
this indemnity shalll10t extend to damages due to the fault or negligence of the Govenunent or
its contractors. This covenant shall survive the termination of this lease.
16. INSURANCE.
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16.1 All Risk. Lessee shall in any event and without prejudice to. any other
rights of Government bear all risk of loss or damage to the Premises ocqupied or used by Lessee
or any of its sublessees, arising from any causes whatsoev~r, or in any manner connected with
the occupation or use of the Premises by Lessee or any sublessees, or by a risk customarily
covered by insurance in the locality in which the Premises are situated, even where such loss or
damage stems from causes beyond Lessee's controL Provided, however, Lessee shall have no
liability for loss or damage resulting from collapse of structures, war, riot, flood, windstorm, fIre,.
explosion (not caused by Lessee's negligence) acts of God or natural disasters. . As to damage of
facilities and personal property not part of the Premises, Lessee shall'only be liable for loss or
damage arising out of Lessee's occupation or use of the Premises. In the event that any item or
part of the Premises shall require repair, rebuilding, or replacement resulting from -loss or
damage, the risk of which is assumed under this section, Lessee shall promptly give notice
thereof to Government, and shall, upon demand of Government, either compensate' Government
for such loss or damage, or rebuild, replace, or repair the item or items of the Premises so lost or
damaged.
16.2 Lessee's Insurance. During the entire period this lease shall be in effect,
Lessee at its expense will carry and maintain:
16.2.1 All-risks property and casualty insurance against the risks
. enumerated in paragraph 16.1 above in an amount at all times equal to at least 100 percent of the
full cost to remove debris from the Premises and clear the Premises .
16.2.2 Public liability and property' damage insurance, including but not
limited to, insurance against assumed or contractual liability under this lease, with respect to the
Premises, to afford protection with l~ts of liability of not less ~an $1,000,000 in the event of
bodily injury and death to any number. of persons in anyone accident, and not less than
$1,000,000 for property darilage.
16.2.3 If and to the extent required by law, worker's compensation or
similar insurance in form and amounts required by law.
16.3 Lessee's Contractor's and Sublessee's Insurance. During the entire period
this lease shall be in effect, Lessee shall require its contractors or sub lessees or any.contractor
performing work.at Lessee's or Sublessee's request on the Premises to carry and maintain the
insurance required below:
16.3.1 Comprehensive general liability insurance, including, but not
limited to, contractor's liability coverage and contractual liability coverage, of not less than
$ 1.000,000 with respect to personal injury or death. and $ 1.000.000 with respect to property
damage.
13
16.3.2 Worker's compensation or similar insurance in form and amounts
required by law.
16.4 Policy 'Provisions. All insurance which this lease requires Lessee to carry
and maintain or cause to be carried or maintained shall be in such form, for such amounts, for
such, periods of time, and with such insurers as Government may'reasonably require or approve.
All policies or certificates issued by'the respective insurers for public liability and all-risks.
property insurance will name Government as an additional insured, provide that any losses shall
be payable notwithstanding any act or failure to act or negligence of Lessee or Government or
any other person, provide that no cancellation, reduction in amount, or material change in
coverage thereof shall be effective, until at least 30 days after receipt by Government of written
notice thereof, provide that the insurer shall have rio right of subrogation against Government,
and' be reasonably satisfactory to Government in all other respects. In no circumstances will
Lessee be entitled to assign to any third party rights of action which'Lessee may have against
Government.
16.5 Delivery of Policies. Lessee shall deliver or cause to he delivered
promptly to Government a certificate of insurance evidencing the insurance required by this lease
and shall also deliver no later than 30 days prior to the expiration of any such policy, acertificate
of insurance evidencing each renewal policy covering the same risks.
17. LABOR PROVISION.
17.1' EaualOoDortunitv. During the term of this lease Lessee agrees as follows:
.17.1.1 Lessee shall not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.' Lessee shall take
affirmative action to ensUre that applicants are employed, and that employees are treated during
employment, without regard tO,their race., color, religion, sex, or ~ational origin. Such action
shall include, but not be limited to the following: employment, upgrading, demotion, or transfer,
recruitment or recruitment advertising, layoff or termination, rate of payor' other forms of
compensation, selection for training, including apprenticeship. Lessee agrees to post in
conspicuous places available to employees and applicants for employment, notices to be
provided by Government setting forth the provisions of this nondiscrimination clause.
17.1.2 Lessee shall, in all solicitations or advertisements fo~ employees
placed at the Premises by or on behalf of Lessee, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or national origin.
I 7.1.3 Lessee shall send to each lahor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding a notice to
be provided by Government, advising the labor union or worker's representative of Lessee's
commitments under this Equal Opportunity Clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
14
.~;....-.s_.~_~._...
. .17.1.4. Lessee shall comply.with all provisions of Executive Order 11246
of September 24, 1965, as amended by Executive Order 11375 'ofOctober 13, 1967, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
17.1.5 Lessee shall furnish all information and reports required by
Executive Order 11246 of September 24, 1965, as amended by Executive' Order 11375 of
October 13, 1967, and by the rules, regulations, and orders of the Secretary of Labor or pursuant
thereto, and will permit access to his books, records, and accounts by Government and the
Secretary of Labor for purposes of investigating to ascertain compliance with such rules,
regulations, and orders.
17.1.6 In the e~ent of Lessee's noncompliance with the Equal Opportunity
Clause of this lease or with. any of said rules, regulations, or orders, this lease may be canceled,
terminated, or suspended in whole or in part and Lessee may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive Order 11246 of
. September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, or by rule,
regulation, or order of the Secretary of Labor, or as otherWise provided by law.
1 7.1.7 Lesse'e will include the above provisions in every sublease unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive order 11246 or September 24, 1965, as amended by Executive Order 11375 of
October 13, 1967, so that such provisions will be binding upon' each sublessee. Lessee will take
. such action with respect to any suble~see as Government may direct as a means of enforcing such
provisions including sanctions for noncompliance; provided, however, that in the event Lessee
becomes involved in, or is threatened with, litigation with sublessee as a result of such direction
by Government, 'Lessee may request the United States to enter into such litigation to protect the
interests of the United States.
17.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330). This
lease, to the.extent that it isa contract of a character specified in the Contract Work Hours
Standards Act (40 V.S.C. 327-330) and is not covered by the Walsh-Healy Public Contracts Act
(41 V.S.C. 35-45), is subject to the following provisions and exceptions of said Contract Work
Hours and Safety Standards Act and to all other provisions and exceptions of said law:
17.2.1 Lessee shall not require .or permit any laborer or mechanic in any
workweek in which he is employed on any work under this lease to work in excess of 40 hours
in such workweek on work subject to the provisions of the Contract Work Hours and Safety
Standards Act unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times his basic rate of pay for all such hours worked in excess of 40 hours in such
workweek. The "basic rate of pay", as used in this clause, shall be the amount paid per hour.
exclusive of Lessee's contribution or cost for fringe benefits and any cash payment made in lieu
15
of providing fringe benefits, or the basic hourly rate contained in the wage determination,
whichever is greater. .
17.2.2 In th~ event of any violation of. the provisi~~s' of paragraph 17.2.1,
Lessee shall be 'liable to any affected employee for any amounts due, and to the United States for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic employed in violation of the provisions of paragraph 17.2.1, in the sum of
$10.00 for each calendar day on which such employee was required or permitted to be employed
on such work in excess of the standard work week of 40 hours without payment of the overtime
wages required by paragraph 17.2.1.
17.3 Convict Labor. In connection with the performance of work required by this
lease, Lessee agrees not to employ any person undergoing a sentence of imprisonment at hard'
labor.
18. SUBMISSION OF NOTICES. Notices shall be sufficient under this lease if made in
writing and submitted in the'case of Lessee to:
Monroe County Administrator
Attn: Mr. James L. Roberts
5100 College Road
Room 212, Whig II, PSB
Key West, Florida 30040
and in case of the government to:
Commanding Officer
Southern Division, Naval Facilities Engineering Command
2155 Eagle Drive P.O. Box 190010
N. Charleston, SC 29419-9010
Copy to Local Government Representative at:
Naval Air Station
Attn: Public Works Department
P. O. Box 9001
Key West, Florida 33040-9001
The above-named individuals shall be the representatives of the parties and the point of contact
during the period of this lease. Such notice shall be deemed to have been given if delivered
personally, or deposited in the United States mail, postage prepared, certified mail. return receipt
requested and addressed as set forth above or to such other address as either party shall have
provided to the other by like notice.
16
.\
19. STORAGE. Any Gov~rnment property which mus~ be removed to permit exercise of
the privilege granted by this lease shall be stored, relocated, or removed from the site' at the sole
cost and expense of the Lessee.
.20. AUDIT. This agreement shall be subject to audit by any and all cog~zant
Government agencies. Lessee shall make available to such.agencies for use in connection with .
such audits all records which it maintairis with respect to this lease and copies of all reports
required to be filed hereunder.
21. INTEREST. Notwithstanding any other provision of this lease, unless paid within 30
days, all amounts that become payable by Lessee to Government under this lease (net of any
applicable tax credit under the Internal Revenue Code) shall bear interest from the date due. The
rate of interest will be the Current Value of Funds Rate published by the Secretary of the
Treasury pursuant to 31 U.S.C 3717 (Debt Collection Act of 1982). Amounts shall be due upon
the earliest of (a) the date fixed pursuant to this lease, (b) the date of the first written demand for
payment, consistent with this lease, including demand consequent upon default termination, (c)
the date of transmittal by Government to Lessee of a proposed supplemental agreement to
confirm completed negotiations fixing the amount, or (d) if this lease provides for revision of
prices, the date of wri,tten notice to Lessee" stating the amount of refund. payable in connec~ion
with a pricing proposal or in connection with a negotiated pricing agreement not confirmed by
lease supplement.
22. AGREEMENT. This lease agreement shall not be modified unless in writing and
signed by both parties. No oral statements or. representation made by, or for, on behalf of either
party shall be a part of this lease.
23. FAILURE TO INSIST ON COMPLIANCE. The failure of Government to insist, in
any. one or more instances, upon performance of any of the terms, covenants, or conditions of
this lease shall not be construed as a waiver or relinquishment of Government's right to the future
performance of any such terms, covenants, or conditions and Lessee's obligations in respect of
such future performance shall ~o~tinue in full force and effect.
24. DISPUTES.
24.1 Except as provided in the Contract Disputes Act of 1978 (41 U.S.C. 601-
613) (the Act), all disputes arising under or relating to this lease shall be resolved under this
clause and the provisions of the Act.
24.2 "Claim", as used in this clause, means a written demand or written
assertion by the Lessee or the Government seeking, as a matter of right, the payment of money in
a sum certain, the adjustment or interpretation of lease terms, or other relief arising under or
relating to this lease. A claim arising under this lease, unlike a claim relating to this lease, is a
claim that can be resolved under a lease clause that provides for the relief sought by the Lessee.
17
However, a written demand or. written assertion by the Lessee seeking the payment of money
ex~eedirig $100,000 is not .a claim under the Act until certifie,d as required by subparagraph
24.3(b) below. The routine request for rental payment that is not in dispute is not a claim under
. the .Act. The request may be converted to a claim under the Act, by complying with the
submission arid certification requirements of this clause, if it. is disputed either as to liability or
amount or is not acted upon in a. reasonable time.
24.3(a) A.claim. by the Lessee shall be made in writing and, unless otherwise
stated in this contract, submitted within 6 years after accrual of the claim to the. Commanding
Officer, Southern Division, Naval Facilities Engineering Command, for a written decision. A
claim by the Government agai~st the Lessee shall be subject to a written decision by the
CoIrimailding Officer, Southern Division, Naval Facilities Engineering Command.
(b) Lessee shall provide the following certification when submitting any
claim---
(1) exceeding $100,000; or
(2) Regardless of the. amount claimed, when using---
(a) Arbitration conducted pursuant to 5 V.S.C. 575-580; or
(b) Any other alternative mean of dispute resolution (ADR)
technique that .the agency elects .to handle in accord~ce
with the Administrative I?ispute Resolution Act (ADRA).
"1 certify that the. claim is made in good faith; that the supporting data are
accurate and complete to the best of my knowledge and belief; that the amount requested
accurately reflects the contract adjustment for which the Lessee believes the Government is
liable; and that 1 am duly authorized to certify the claim on behalf of the Lessee."
(c) The certification requirement does not apply to issues in controversy
that have not been submitted as all or part of a claim.
24.4 The certification may be executed by any person duly authorized to bind the
Lessee with respect to the claim.
24.5 For Lessee claims of$100,000 or less~ the Commanding Officer, Southern.
Dfvision, Naval Facilities Engineering Command, must, if requested in writing by the Lessee,
render a decision within 60 days of the request. For Lessee-certified claims over $100,000~ the
Commanding Officer, Southern Division. Naval Facilities Engineering Command, must, within
60 days decide the claim or notify the Lessee of the date by which the decision will be made.
24.6 The Commanding Officer. Southern Division, Naval Facilities
Engineering Command decision shall be final unless the Lessee appeals or files a suit as
provided in the Act.
18
_ . . ... ',r
_._.__.__.._---_.~.~ ...-.._....,~ ..' -..' ..._... ....- --..-
, ,
24.7. At the time a claiI? by the Lessee is submitted to the Commanding
Officer, Southern D'ivision, Naval Facilities Engineering" COInmand, 'or a claim by the
Government is, presented to the Lessee, the parties; by mutual consent, may agree to use -
alternative means of dispute resolution. When using arbitration conducted pursuant to 5 V.S.C.
575-580 or when using any other ADR techniques that the agency elects to handle in accordance
with ADRA, any claim, regardless of amount, shall be accompanied by the certification
described in Paragraph 24.3(b) of this clause ah~ executed in accordance with Paragraph 24.4 of
this clause.
24.8 The Government shall pay interest on the amount found due and unpaid by
the Government from (1) the date the Commanding Officer, Southern Division, Naval Facilities
Engineering Command received the claim (properly certified if required), or (2) the date payment
otherwise would be due, if that, date is later, until the date of payment. With regard to claims
having defective certifications. as defined in (FAR) 48 CFR 33.201, interest shall be paid from
the date that the Commanding Officer, Southern Division, Naval Facilities Engineering
Command initially receives the claim. Simple' interest. on claims shall be paid at t~e rate, fixed
by the Secretary of the Treasury, as provided in the Act, which is ~pplicable to the period during
which the Commanding Officer, Southern Division, Naval Facilities Engineering Command,
receives the claim and :then at the rate applicable for each 6' mOilth period as fixed by the
Treasury Secretary during the pendency of the claim. Rental amounts due to the Government by
the Lessee will have interest and penalties'as set out in the condition on RENT, if any.
24.9 The Lessee shall proceed diligently with the performance of the le,ase,
pending final resolution of any request for relief, claim, appeal, or action arising under
the lease, and comply with any decision of the Commanding Officer, Southern Division,
Naval Facilities Engineering'Command. '
25. COVENANT AGAINST CONTINGENT FEES. Lessee warrants that no person or
agency has been employed or retained to solicit or secure this lease upon an agreement or
understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide
employees or bona 'fide established commercial agencies maintained by Lessee for the purpose of
securing business. For breach or violation ofthls warranty, Governmerit shall have the right to'
-annul this lease without liability or in its discretion to require Lessee to pay, in addition to the
rental or consideration, the full amount of such commission, percentage, brokerage, or contingent
fee.
26. OFFICIALS NOT TO BENEFIT. No member of or delegate to Congress, or
Resident Commissioner, shall be admitted to any share or part of this lease or to any benefit to
arise therefrom, but this provision shall not be construed to extend to this lease if made with a
corporation for its general benefit.
27. LIENS. Lessee shall promptly discharge or cause to be discharged valid lien, right in
rem. claim. or demand of any kind. except one in favor of Government, which at any time may
19
_\.,_" - . ",-- ,,_~_'" .,,0- ",' ',<
arise or exist with respect to the Premises or materials or equipment furnished therefor, or any
part thereof, and if the same shall not be promptly discharged by Lessee, or should Lessee or any
sublessee be deClared bankrupt or make, an assignment on ~ehalf of creditors, or should the'
le~ehold estate be taken 'by execution, Gove~ent reserves the right to take immediate '
possession without any liability to Lessee or any sublessee.. Lessee and any sublessee'shall be
responsible for any costs incurred by Government in securing clear title to its property.
28. TAXES. Lessee shall pay to the proper authority, when and as the, same become due
and payable, all taxes, assessments, and similar charges which, at any time during the term of this
lease may be imposed upon Lessee with respect to the Premises. Title 10 United States Code,
Section 2667 (e) contains the consent of Congress to the Taxation of Lessee's interest in the
Premises, whether or not the Premises are in an area of exclusive Federal jurisdiction. Should
Congress consent to taxation of Government's interest in the property, this lease will be
renegotiated.
29. SUBJECTION TO EXISTING AND FUTURE EASEMENTS AND RIGHTS-OF-
WAY. This lease is subject to all outstanding easements. and rights-of-way for location of any
type of facility over, across, in, and upon the Premises, or any portion thereof, and to the right of
Government to grant such additional easements and rights-of-way over, across, in and upon the
Premises as it shall determine to be in the public interest; provi~ed that any such additional
easement or right-of-way shall be condition~d on the assumption by the grantee thereof of
liability to Lessee for such damages as Lessee shall suffer for prop~rty destroyed or property
rendered unusable on account of the grantee's exercise of its rights thereunder. There is hereby
reserved to the holders of such easements and rights-of-way as are presently outstanding or
which may hereafter be granted, to any workers officially engaged in the construction,
inst~lation, ~aintenance, operation, repair, or replacement of Premises located'thereon1 and to
any Federal, state, or local official engaged in the official inspection thereof, such reasonable
rights of ingress 3.!ld egress over the Premises as shall be necessary for the performance of their
. duties with regard to such Premises. '
30. ADMINISTRATION. Except as otherwise provided for under the lease, the
Commander, Naval Facilities Eng~neering Command, shall have complete charge of the
administration of this lease; and shall exercise full superVision and general direction thereof
insofar as the interests of Government are affected.
31. SURRENDER. Should the Lease be terminated prior to conveyance of the Premises
~o the Lessee, Lessee shall quietly and peace~lly remove itself and its property from the
Premises and surrender the. possession thereof to Government; provided, in the event
Government shall terminate this lease upon less than 30 days notice, Lessee shall be allowed a
reasonable period of time, as determined by the Government, but in no event to be less than 30
days from receipt of notice of termination, in which to remove all of its property from and
terminate its operations on the Premises. During such period prior to surrender, all obligations
assumed by Lessee under this lease shall remain in full force and effect; provided, however, that
if the Government representative shall in its sole discretion, determine that such action is
20
"equitable under the circumstances, it may su~pend, in whole or in part, any further accruals" of
rent if any or maximum amount to be expended between the date of termination of the lease and
the date of final surrender of the Premises. Government may, in its discretion, declare any
property which has riot been removed from the Premises upon termination provided for above, as
abandoned property upon an additional 90 days notice.
21
.'- ..:."- .....~,.--P..--_._. ;.._....~...:_..:... :.....--'"'.........~.........,...
. -----.-. --"._~--.-
"'
u1i'ITED STf..TEt CF' iJ..!ER!Cl.,
Petitioner,
-va-
1-52 Aores of' La:lci, .more or
lesa, 1n toy West, Monroe
County, Florida., Gate Real
Eata~e & Improvement 'Compa.."l:;,
,ct a1.."
.:UQ;D!~:l~ TC FETITICr. ~F.
COl;DE::!-J~: ell .
Defenda:lt~..
.. .. .. .. .. .. .. .. .. ..
Come s nO\': th.e Uni tee. State" of ,N!1er10a, pet1 t1 oner ,
by ita anderngned .~~rney, and ahowe unto this Bcmcrable Court that
hereto~o~ & pe-t1tion" tor oOndemnation was filed and an Crdv ot
?08S8es1on ~ gr~ted ~d that the deacriptionaet forth 1n Paragraph 4
of said pet11:1on" was inoorreotly ~80r1 bed.
" , ROtor, ~RE, t.h1.8 Pet1 t10ner does. az:2end. P~h
4 by s'tri1d..ng trail said p8rs;r!lph the 4eacr1Ft1on set forth therein
and eabs't1 tu1:1ng in lieu thereof the, follow1ng,
Beg! ?'In of "g at the point of interseotion of the
Southeztl1' FOPer1:7 l1ne ot V1rg1D1a Street 8Dci
tho :feRerly property line of S1moDtan streetJ
thence "southerq a diatanoe o~ Z'/2 teet' 1Dohe.
along ea1d westerl,. l1De c4 81maDton street. to a
"POint, thenoe W8sterl1 & cl1ataDOe ot 211.3 tee't 8i
1nohea to a po1nt, i:h&moe northerly ~ ~-t 31
inch.. tc a point em the aouther17 propez-v l1ne
ot aa1ci Y1rg1D1a 11ine'- .&14 point be1nc 241 ten
:; inch.. weatorlT altar; the aouther~.FOPeri7
llne o~ V1rg1n1a Stz'eet tZ'Clll the poiD't o~ be~n'"1"Ci
thenoe Eaat_17 with -.14 propert7 11D.. of nrgUUa
Stree-t 241 teet 3 1nohes to the point ot begjl'm""g.
co~:tn.'''i''''r; 1..52 acre.. more or' leas. '
.1~EFl:RE9 ?et1t1'aner r~speo't.1'U.lly prays tha"tthis
a;::and:l:lent ~.;) the ?~'t~ tion for Cc:a.deona:t1on be ~tered nWlO pro tunc a8
:~ tb.e da~e cf -:.b.e entr:r or the Judgpent on the Deolara.tion cf Tal:ing,
~;; -:;i t: :1o~ber 10. 19l:.2.
ourT~ ST.iI.T::S CF ..\!:ERICA. Feti "C1oner
( / ~ '
frJ 5. y~ it. '. y~~__
Stuart d. Patten, Speoia.l Attorney
Depar-tmon"t ot Just10e
I=: ~\~
F\'
I ~
~J \.
--------.
"'....,.""....._.....,.A..n__....I~.._-:.._.~'...
", ,
.....,;
.... -.
t 5:3346
~~t 397 FA~ 423
HARRAHTY DEED
FILED FOR r;ECO~D
1967 SEP 1 '+ PM. 2: 09
1967, by r,lAIUA TERESA ROHERO, a widow, of the COtU1ty of Honroe, S to. te of
THIS DEED, 1/1adc the
lhth
:.\I~L R. .\[J:\~.:S. Gl.K. GT. I; r
d.Q.y ,of lS~eInbl!r;i'i. FLLiiID~ A. D.
Florida, hereinafter called the ~rantor, to 'the. UNI~D STATES
hereinafter called th~ grantee.
WITNESGETlI, 'l'hat the oaid. grantor, in consideration of'
OF AI.rrmICA ,- _.
..-----.:- \
~ f\t. DOC. $\alll,v'>
\$5)CJ~~
SE 'lEI1r;r;! j
THOUSJUID AIID 110/100 ($17,000.00) OOLLARD, the receipt whereof
in hcrcb~l
acl~owledged, does give, grant, barGain, sell, alien, remise, release,
enfcoff, convey and conflnn Wlto the so.id grantee and it I S successors ~,nd
assil3TIs in fee simple, the landn situate in Honroe County, State of Flod(h.
'"
~
.J
as follo\1s:
PARCEL "All
Al1: thot certain tract or parcel of land in the City 01
Key West, Monroe County, Florida. and being a part of tract
eleven (11) according to ~iM. A. ,wHITEHEAD's map of said island,
but better described as a part of lot numbered one (1) of
square five (5) of said tract eleven (11), according to C~ H.
TIFI"s map or plan of the Island of Key Hest'delineated July
1874. The land hereby described is sho...-n on p;~U m~ 5-1;0;
and is more particularly desc=ibed as follow~:
t
Commencine at a point which is the northweat corner of the
right-of-way of the interoectioll of Catll'~rine. and Simonton Str~~t
thence in a southwesterly direction along the line of Catherine'
Street a distance of one hundred (100) feet to a point ",hic..'1 is
the point of b~ginnine; thence southvesterly along the line of
Catherine Street 'n1itety-four .(94) feet,' two (2) inches to a
point; thence at right angles in a northuesterly direction
ninety-four (94) feet, five (5) inches to a point on the
proPertY line of the U. S. Government established by condemna.l;iou
proceedings instituted by the U. S. 0'( America. in the D:i.atrict
Court for the Southern District of Florida, same being Case
18Iai Civil filed on 13 July 19h2; rIotice of Lis Pendens filed
in Lis Pendens BOOi~ Ilumber 3, Pa8e 28'" (District Court of the
United States for the Southern District of Florida); thence
at right angles in a' northeasterly directionnlnety-four (S)l~)
feet; two ('2) inches along the propert)- line of the U. S.
Government to a point; thence at right angles in a south-
easterly direction ninety-four (94) feet, five (5) inches :0 ~
point, said point bein~ the point of beginning and c':mtainin:;
0.20 acres, more or lesa.
,urn
PAncr.'.L "BII
ALl that c~.::-:o.in ~r:lC t or :-e.rce1 of L:lIlu :n tl1~ Cl:j ');.:
r~ejr ~';est, l,10nro~ Countjr, Flori:la. md bei=:3 3. pa.::-t of lot ::J!l~
(1) in ~qua.re :~7C (5) of tr~ct cleven (:1) accorcll~~ :0
C. ",i. TIFT':J :h;J ~r .Plo.n 01 ~11~ I~lo.nu. ,JL" :(~~r ~;C:3 t 8f JttJ..:'
1~7!L The 10.::J. !lCrCiJ:.r u.~::cr::,uc'l 1::1 ::;hc~m 0n :;~;O D',:G :-l.~' ,-
::mtl in :':1or~ i?~';iculo.rl:.: <1esc~'i:;cd an fa Llo',::: :
,~/
~~~ 3D 7 PAGE 424
Commencing at a point which is the nortlmest corncr 0 f
thc riBht-of-imy of the interscction of Ca1;herine and Simonton
Streets thence in southwestcrlJr direction along the linc of
Catherine Street u distance of.one hundr~d ninety-four (19h).
feet, two (2) inches. to a. point which is the point of beGinninG;
thence southi.TcsterlJ" alon; the line of Catherine Strcet forty-
seven (47) feet, one (1) inch to.a point: thence at riGht
angles in a northwesterly directionnincty-four .(91~) feet, flv~
(5) inches to a point on the property line of. the U.. s.
Government cstablishcd by condamlation proceedinGs instituted
by the U. S. of America in thc Dintrict Courti'or' thc Soul;h~rn
District of Florida, same bcinl3 Casc 18 lCH Civil filed 011
13 JlLly 1942; notice of Lis Pemlcns filed. ::.n Lis. PCl1I.lens
Bool~ Number 3, Page 2U'r, (District Court of the Uni Gcd States
for the Southern District of Florida ); thence at ri~ht ffilGlcs
in a northcasterly direction forty-scyen (1~7) feet, onc (1)
inch along the property line of the U. S. Government to 11
point; thence at richt llI1g1es in a southen.z tcrl:,r dircctiol'
nincty-four (94) feet, fi '/e (~) inches ';0 1l point, said poin t
being thc point of be~inninG and containing 0.10 acre, more
or less."
TOBcther witl1 all riparian anu littor~l rights thereunto appert~ininG.
This. land is. beinG acquired at the request of the Depa.rt..~cnt of
thc Havy.
TO HAVE AIID fro HOLD the same tOije ther ..;i:h the hereU1 tamen ts o.nd.
appurtenances, unto ~he said Gran tee, ~..lld i t::: ~1tcccssors and n.zsiCns in
fee simple.
AIID the said ::;rantor, for herself and her :lcirs and legal reprcse~l-
tatives, covenant with said grantee, it's legal representatives ~nd assicn~:
That said grantor is indefeasibly sei::cd of saiu l.end in fee si!nplc: tl1:lt
said 3rantor has full poner and Imif'.l.L right to c'on"lc:r sni~l 1,...n!1t: in r~c
si.r:1ple,.as aforesaid; that it shall be la.wful f'Jr said srantee, ie~ leGal
rcpresentatives and assigns. at all ti~.lCS peacer>.bl:' ami fluictly to enter Ul,r,'I,
holu, occupy and enjoy said lanu: that said lnnu i.:: free fro~ all ~~!ca:.!-
cr:lI1ces; that so.1d I3r:lntor, her heirs '<'I.11d lc~':!.l :ocprcsentrttivcs, ',d.ll "X:"
S'..1.ch further assurances to perfect the fee si:i1I'lc :i.tle t:o said In.nd in
said ,:;rantor, it's lc~~al r~pre~cnta:i';~s and. :.;:;iC;!1s, ':l.:: ::l[l.~' :'e':'..::-')!:':'.!~i..:,'
required; and thn.t caid. crrlntor jo~:: :I"'rebj' [.[11:,. :;":1r~t the tit1.~ ~"
:::J.iu l::mu, nnd :lilllefcml. the :o.;ne .'-I~.ti.ns t; ';1:'.' _.::..::l'ul cl:'i.;::c 'J1
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~~~ 397 PACE 425-
l-lIT.rIESS the hand o.nd seal of' said grantor the day and year first
above llritten.
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Signed, Sealed and Delivered
in the Presence of:
smTE OF FLORIDA
COUITTY OF r.l0NROE
I HEREBY CER'rIFY, Tha t this . da.~' in the next above nomed G to. te and .
Count'; bef'ore me an officer duly authori=:ed and actine;, personally appeared
1.1ARL\ 1ERESA RQI.iERO 1 a widow, to me well known and known to me to be t;he
individual. described in and ,1110 execut;ed the foreGoine deed, a.nu !';h~
ac:mowledged then and the!"e bef'ore me that 3he executed snid deed.
i-lIT.HESS my ho.nd and official :::c!l1. at Key West, Florida
this
11th
day or SeDtember
, A. D. 19G7.
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r a.ry. bile roJlState of Fla.' at Larbe
'9V'COITU . st:iion expire~: 7/23/69
RKGfded la Ufr~' HeOCIfClIloOV
Men'. eou~. FIortdI
EARL R. ADAMS
IaBJl OF CIRCUIT COURT
Rs:oAD VIRIfIED
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