License No. N69450-15-RP-00143 ,V
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CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
•
DATE: February 2, 2016
TO: Doug Sposito, Director Project Management
ATTN: Alice Steryou, Contract Monitor
FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller C 605
At the November 17, 2015 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item F32 Approval to rescind BOCC approval action of October 21, 2015
agenda item D-53 and approval of revised (with the final version of Exhibit D and the labeled version of
Exhibit F) renewal of the License Agreement with the United States Department of the Navy for use of
Navy shoreline on Boca Chica Beach.
Enclosed is a duplicate original executed on behalf of Monroe County,for your handling. Should you
have any questions,please feel free to contact me.
CC: County Attorney
Finance
File I
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
1
LICt-NSE FOR NONFEDERAL USE OF DEPARTMENT OF THE NAVY REAL la.WORK ORDER NO: 1346041
PROPERTY
lb. FILE NO: N/A
THIS LICENSE TO USE THE U.S.GOVERNMENT PROPERTY HEREIN DESCRIBED IS ISSUED BY THE
DEPARTMENT OF THE NAVY TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN 1C. LICENSE(CONTRACT)NO:
SPECIFIED UPON THE TERMS AND CONDITIONS SET FORTH BELOW AND IN THE ATTACHED N69450-IS-RP-00143
GENERAL PROVISIONS. BY ITS EXECUTION,THE LICENSEE AGREES TO COMPLY WITH ALL
THOSE TERMS,CONDITIONS,AND GENERAL PROVISIONS.
2. PROPERTY LOCATION (Installation Name and Address) 3.DATES COVERED
Naval Air Station Key West FROM: September 15,2015
P.O. Box 9007, Building A-629 THROUGH: September 14,2020
Key West, FL 33040-9007 Provided Licensee has delivered the required
insurance certificates to the Licensor.
4. DESCRIPTION OF PREMISES (Room and building numbers where appropriate)
Licensee will have use of approximately five(5)acres of Navy-owned shoreline located at Boca Chica Point as shown on Exhibit"A",
attached hereto and made a part hereof. Licensee will also have use of approximately one(I)acre of Navy-owned land referred to as Geiger
Key as shown on Exhibit`B",attached hereto and made a part hereof.
5. PURPOSE AND USE AUTHORIZED(Specific use, times and recurring/part-time basis, and land use controls)
Licensee shall have use of the property for recreational purposes to include water access. Use of the premises shall be in accordance with the
maintenance provisions,prohibitions,enforcement requirements and other provisions as stated in Exhibit"C",attached hereto and made a
part hereof. In consideration of this License, Licensee agrees to maintain the property in accordance with Exhibit"C".
6. LICENSOR 6a.NAVY/USMC LOCAL REPRESENTATIVE (Name, Title.Address, Telephone.Email)
UNITED STATES OF AMERICA Roland Flowers
BY THE SECRETARY OF THE Facilities Management Division, PWD Key West
NAVY 305-293-2833,roland.flowers@navy.mil
7. LICENSEE(Name,Address. Telephone Email) 7a. LOCAL REPRESENTATIVE OF LICENSEE(Name. Title,Address,
County of Monroe, Florida Telephone.Email)
__ Pubiic'Works Division Facilities Maintenance Department Alice Steryou,Contract Monitor
3583 South Roosevelt Boulevard, Key West, FL 33040 1100 Simonton Street, Room 2-216, Key West,FL 33040
305-292-4549;Steryou-Alice(Mmonroecoun -B._ov
, 8. CASH PAYMENT BY LICENSEE- DUE IN ADVANCE
a.AMOUNT(Each payment) b. FREQUENCY c. FIRST DUE DATE d.SEND PAYMENT TO: (Name and Mailing Address)
PAYMENTS DUE g o '11
None N/A N/A • N/A i a m
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9. EXHIBITS: The following are attached and incorporated into this License- or m
A. Boca Chica Beach Map n t p
B. Geiger Key Map on rJ
C.General Provisions t. a 73
D.Additional Provisions ��'
E.Environmental Condition ofProperty-Receipt hereby acknowledged 'n
F.Joint Inspection and Inventory Report(Non-Environmental) y
10. EXECUTION OF LICENSE
NAME: SIGNATURE: DATE:
FOR THE SECRETARY IQ/83 I t�
OF THE NAVY Timothy H. McQuillen Z_14.17�1� /, h
Real Estate Contracting Officer ,(SJ%rw �r"r.
NAME,ADDRESS AND EMAIL OF NAVFAC REAL ESTATE POI t o
Timothy H. McQuillen;timothy.mcquillen(7a navy.mif;904-542-6278 ' l I.CLERK
w I Vily* 1tr .,
LICENSEE NAME: F
:E: [#� 4. r l t��l E
I represent that 1 am Heather uCarruthers authorized to bindrKLicensee Mayor/Chairman of the Board of
County Commissioners M ROE COUNT p6.Tr�TORN: _
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' LICENSE(CONTRACT)NO: N69450-15-RP-00143
EXHIBIT"C"
GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY
I. USE OF AND ACCESS BY LICENSEE. The Licensor grants to the Licensee the right to use the premises or
facilities described in block 4 and Exhibits"A"and"B"("Premises"),together with the necessary rights of ingress
and egress authorized by the Installation Commanding Officer. The Licensee and its invitees and contractors agree to
absorb all costs, including time and expense,associated with gaining access to the Installation under the
RAPIDGATE or similar program. Any parking that accompanies the use of,and any routes of access to and from,the
Premises are subject to change at the sole discretion of the Installation Commanding Officer.
2.TERM. This License shall be effective for the period stated in block 3 and is revocable at any time without notice
at the option and discretion of the Licensor or its authorized representative.
3.USE OF PREMISES. The use of the Premises shall be limited to the purposes specified in block 5,and no other.
4.ASSIGNMENT/TRANSFER OF RIGHTS. This License is neither assignable nor transferable by the Licensee,
and grants no interest in the real property of the Licensor.
5. UTILITIES AND SERVICES. If utilities and services are furnished to the Premises,the Licensee agrees to
reimburse the Licensor for the cost as determined by the Licensor in accordance with applicable statutes and
regulations.
Reimbursement for Utilities and Services
Amount(Each Payment) Frequency Payments First Due Date To Watling Address)
Due
None N/A N/A N/A
_. .....Utilities/Services Furnished Are: X None HVAC/Steam Heat
Electricity Gas/Oil Water/Sewer Garbage/Refuse/Recycling
Telephone Internet Other:
6.PROTECTION AND MAINTENANCE OF PREMISES. The Licensee,at its own cost and expense,shall protect,
maintain,and keep the Premises under its control in good order. Licensee is responsible for repairing any damage to
the Premises caused by Licensee,or its agents,employees,contractors,guests or invitees.
7. IMPROVEMENTS AND RESTORATION. No additions to,or alterations of,the Premises shall be made without
the prior consent of the Licensor. Upon revocation or surrender of this License,to the extent directed by the Licensor,
the Licensee shall remove all alterations,additiohs,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 License, reasonable wear and tear
excepted.
8. INDEMNIFICATION.
a.The Licensee releases the Licensor and its employees from liability for death or injury to persons at the Premises.
b. The Licensee,to the extent allowed by law,agrees to release and hold the Licensor and its employees harmless
from,and to indemnify and defend them against,loss or damage to property caused by or arising from its use of the
Premises,regardless of any contributory fault of the Licensor.
c.The Licensee shall indemnify and save harmless the Licensor, its officers,agents,servants and employees from,
and defend it and them against,all liability under the Federal Tort Claims Act(28 U.S.C. §§2671 and 2680)or
otherwise,for death or injury to all persons,or loss or damage to the property of all persons resulting from its use of
the Premises.
Version:26 Nov 2013
Page 1 of 1
' LICENSE(CONTRACT)NO: N69450-I5-RP-00143
EXHIBIT"C"
GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY
d.The Licensee agrees that the Licensor,its officers,agents and employees shall be released from all liability on all
suits,claims,actions or demands in any way related to or arising under the Licensee's use of the property. This
release includes,but is not limited to,all environmental suits,claims,and enforcement actions,whether arising during
the Licensee's construction on or use of the property,or after such use has ended.
9.INSURANCE. The Licensee shall procure and keep continuously in effect during the term of this License the
insurance required as follows on terms and conditions satisfactory to the Licensor,with an insurer whose rating is
acceptable to the Licensor.
Insurance Required from Licensee
(If any or all insurance requirements have been waived,enter"None"as appropriate)
Type Amount(Per Type Amount(Per State Law)
Occurrence)
Commercial General Liability Worker's Compensation
(Occurrence Policy Only)
Bodily Injury(Single Limit) NONE NONE
Property Damage
Fire/Legal Liability
Deductible
• Licensor shall be named as additional insured.
• The insurer must be authorized to write insurance in the state where the Premises is located.
• Proceeds of policies shall be made payable to"Treasurer of the United States".
• Each policy of insurance covering bodily injuries and third party property damage shall contain an
endorsement waiving the insurer's right of subrogation against the United States of America.
• No cancellation,reduction in amount,or material change in coverage shall be effective until at least sixty(60)
days after receipt by the Licensor of written notice.
• Notwithstanding the foregoing,any cancellation of insurance coverage based on nonpayment of the premium
shall be effective only upon thirty(30)days' written notice to the Licensor.
• The Licensee shall provide proof of insurance to the Licensor throughout the term of this License.
The Licensee will not be allowed entry on the Premises until it first delivers a certificate or certificates of required
insurance to the Licensor.
10. DAMAGE TO THE PREMISES.
a. In the event of damage,including damage by contamination,to any Government property by the Licensee,its
officers,agents,servants,employees,or invitees,the Licensee,at the election of the Licensor,shall promptly repair,
replace,or make monetary compensation for the repair or replacement of that property to the satisfaction of the
Licensor. That obligation includes any damage discovered from the physical condition and environmental condition
inspections notwithstanding the expiration or earlier termination or revocation of this License.
b. In the event that any item or part of the Premises shall require repair,rebuilding or replacement(collectively,
"repair")resulting from loss or damage,the risk of which is assumed under this License,the Licensee shall promptly
give notice to the Licensor and,to the extent of its liability as provided in this paragraph,shall either compensate the
Licensor for any loss or damage within thirty(30)days of receipt of a statement,or repair the lost or damaged item or
items of the Premises,as the Licensor may elect. If the cost of repair exceeds the liability of the Licensee for any loss
or damage,the Licensee shall effect the repair if required to do so by the Licensor,and the excess of cost shall be
reimbursed to the Licensee by the Licensor within thirty(30)days of receipt of a statement provided that
appropriations are available for that purpose. In the event the Licensee shall have effected any repair that the
Licensee is required to effect,the Licensor shall direct payment to the Licensee of so much of the proceeds of any
Version:26 Nov 2013
Page 2 of 2
' LICENSE(CONTRACT)NO: N69450-15-RP-00143
EXHIBIT"C"
GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY
insurance carried by the Licensee and made available to the Licensor on account of loss of or damage to any item or
part of the Premises that may be necessary to enable the Licensee to effect the repair. In the event the Licensee shall
not have been required to effect the repair,and the insurance proceeds allocable to the loss or damage that has created
the need for the repair have been paid to the Licensee,the Licensee shall promptly refund to the Licensor the amount
of the proceeds.
II.OFFICIALS NOT TO BENEFIT. No member of,or Delegate to Congress,or Resident Commissioner shall be
admitted to any share or part of this License or to any benefit that may arise from it;but this provision shall not be
construed to extend to this License if made with a corporation for its general benefit.
12.COVENANT AGAINST CONTINGENT FEES. The Licensee warrants that it has not employed any person to
solicitor obtain this License upon any agreement for a commission,percentage,brokerage or contingent fee. Breach
of this warranty shall give the Licensor the right to annul this License or in its discretion to recover from the Licensee
the amount of that commission,percentage,brokerage or contingent fee in addition to the consideration for this
license. This warranty shall not apply to commissions payable by the Licensee upon contracts or sales obtained or
made through bona fide established commercial or selling agencies maintained by the Licensee for the purpose of
acquiring business.
13.NON-DISCRIMINATION. In connection with the performance of work under this License,the Licensee agrees
not to discriminate against any employee or applicant for employment because of race,religion,color,or national
origin. Non-discrimination shall include,but not be limited to,the following:employment,upgrading,demotion,or
transfer;recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Licensee agrees to post in conspicuous places available for
employees and applicants for employment,notices to be provided by the Licensor setting forth the provisions of the
nondiscrimination clause. The Licensee further agrees to insert the foregoing provision in all subcontracts for work
under this License,except subcontracts for standard commercial supplies or raw materials.
14.APPLICABLE RULES AND REGULATIONS.
a. All activities authorized under this License shall be subject to rules and regulations regarding supervision or
otherwise,that may, from time to time,be prescribed by the local representative of the Licensor.
b. Upon request,the Licensee shall submit to the Licensor evidence of compliance with local,state,and Federal
environmental laws and regulations.
15. FEDERAL FUNDS. This License does not obligate the Licensor to expend any appropriated funds. Nothing in this
License is intended or should be interpreted to require any obligation or expenditure of funds in violation of the Anti-
Deficiency Act(31 U.S.C. § 1341).
16. STORAGE OF TOXIC OR HAZARDOUS CHEMICALS. Storage,treatment,or disposal of toxic or hazardous
materials on the Premises is prohibited except as authorized by the Licensor in accordance with 10 U.S.C. §2692.
Any hazardous materials that the Licensor authorizes the storage,treatment,or disposal of in connection with the
use of the Premises shall be identified on a Hazardous Materials List and made a part of this License. Any such
approved storage,treatment,or disposal of toxic or hazardous material by Licensee on the Premises shall be strictly
limited to that material required or generated in connection with the authorized and compatible use of the Premises and
shall be conducted in a manner consistent with the best interest of national defense as determined by the Secretary of the
Navy and applicable law and regulations. As and to the extent caused by or attributable to the Licensee,Licensee shall
have continued financial and environmental responsibility or liability for any and all direct or indirect consequences of
the storage,treatment,or disposal of toxic or hazardous material within the Premises. Licensee will manage,control
and dispose of its hazardous waste and hazardous materials in accordance with Federal,state,and local laws. In
addition, Licensee shall implement the environmental requirements of applicable facility plans including but not
limited to Spill Plans, Emergency Response Plans,and Hazardous Waste Management Plans. In the event the
Version:26 Nov 2013
Page 3 of 3
' LICENSE(CONTRACT)NO: N69450-15-RP-00143
EXHIBIT"C"
GENERAL PROVISIONS TO LICENSE FOR NON-FEDERAL USE OF REAL PROPERTY
Licensor approves the storage,treatment,or disposal of toxic or hazardous materials,the Licensee shall obtain
insurance or post a bond in an amount sufficient to cover possible cleanup costs.
17. ENVIRONMENTAL CONDITION OF PREMISES. Exhibit"E",Environmental Condition of Property,sets forth
the existing environmental condition of the Premises as represented by a baseline survey conducted by the Licensor.
Licensee is hereby made aware of the notifications contained in Exhibit"E"and shall comply with all restrictions set
forth therein.
I8.JOINT INSPECTION AND INVENTORY REPORT(NON-ENVIRONMENTAL). A Joint Inspection and
Inventory Report(JIIR)has been conducted by representatives of the Licensor and the Licensee documenting the
condition of the Premises. The report is attached to this License and made a part hereof as Exhibit"F". The
Premises shall be delivered to the Licensee on an "As Is,Where Is"basis,and,as such, Licensor makes no warranty
relative to the Premises as to its usability generally or as to its fitness for any particular purpose. Any safety and/or
health hazards identified and listed as such in the JIIR shall be corrected at the Licensee's expense prior to use and
occupancy of the relevant portion of the Premises. Such safety and/or health hazards shall be limited to those
identified in the JIIR. In the event this License is terminated and the parties have not agreed to enter into a new
License,or another agreement,Licensee shall return the Premises to the Licensor in the same condition in which it
was received,reasonable wear and tear and Acts of God excepted. Licensee may,at its expense and with prior
written approval of the Licensor: (a)replace any personal property with personal property of like kind and utility,(b)
replace any personal property in a good and workmanlike manner,and(c)dispose of any worn out,obsolete or non-
functioning personal property, in accordance with applicable laws and regulations. Licensor shall not unreasonably
withhold or delay granting its approval to Licensee's request for such actions.
19.ADMINISTRATIVE COSTS. At the termination or expiration of this License,at the Licensor's discretion, Licensee
shall be responsible for administrative costs associated with completing a final inspection of the premises and updating
Ore-Environmental Condition of Property.
20.NOTICES. Correspondence concerning this License shall be provided to both the Local Representative identified in
Block 6a.and the Real Estate Contracting Officer identified in Block 10.
21.STATEMENT OF COMPLIANCE. Pursuant 10 U.S.C. §2662:
a.This license is not subject to the requirements of this section;or,
22. ADDITIONS. MODIFICATIONS AND DELETIONS. Prior to the execution of this License, the following
provisions were added,modified or deleted:N/A
Version: 26 Nov 2013
Page 4 of 4
•
Exhibit"D"
to
License N69450-15-RP-00143
Additional Provisions
The Licensee is further subject to the following provisions:
I. The County shall provide maintenance of licensed areas as follows:
a. Trash
i. Place and maintain appropriately marked receptacles along the licensed areas.
ii. Weekly trash pick-up for trash receptacles,or more often if conditions warrant.
iii. Weekly loose trash pick-up.
iv. Weekly removal of illicitly dumped material.
b. Grass cutting monthly along licensed areas to include removal of woody vegetation
within the designated clearzone.
c. A coordinated effort shall be made between the Navy's Environmental Resources
Division to reestablish and expand the sea oat plantings for shoreline stabilization.
d. Navy Fences
i. Implement procedures to protect Navy fences and repair or replace them if
damaged by the public.
ii. Notify Navy prior to start on any work on Navy fences.
2. The County shall enforce the following prohibitions on the licensed areas:
a. No vehicle parking(in the clear zones).
b. No camping.
c. No placement of utility poles or any other obstructions.
d. No lights, fires,or smoke transmission.
e. No facilities including concession stands and parking lots.
f. No cutting, harvesting, removing, or eradicating any of the grass commonly known as sea
oats, Uniola Paniculata, in accordance with Florida Statute 370.041.
3. The County must provide for enforcement of provisions as follows:
a. County will enforce aforementioned prohibitions.
b. County will conduct periodic patrol of beach to curtail other illegal activities(e.g.drug
use/altercations).
4. The County shall provide and maintain signage which explains the aforementioned prohibitions.
5. This license will be terminated if an increase in persons using the area results in a detrimental
increase in bird activity and an obvious increase in the chance of bird strikes by Naval aircraft.
6. NM Key West may suspend this license as necessary due to operational requirements.
Exhibit "E"
ENVIRONMENTAL CONDITION OF PROPERTY (ECP) CHECKLIST Page 1 of 4
Installation: Naval Air Station. Key West, Florida
Parcel/Site Location and Description: Boca Chica Beach (BOCA CHICA PT LOT 6 JUDGMENT L,
BOCA CHICA PT LOT 8; BOCA CHICA PT LOT 9) and Geiger Key (BOCA CHICA OCEAN SHORES
GEIGER KEY PB-5-49 TRACT A
Proposed Real Estate Action Description:License renewal to Monroe County, Florida for non-Navy use o
Navy owned land, to include the waterfront parcel known as Boca Chica Beach and waterfront parcel
immediately east and adjacent of the Geiger Key Marina property.
SITE SUMMARY INFORMATION
1. Information regarding site uses and any hazardous materials,contamination,or conditions. All available and
pertinent files, records, reports and aerial photographs were reviewed and, where necessary, a site inspection and/or
personal interviews were conducted to document the environmental conditions of the property to support the proposed
real estate action. A summary of the conditions, sources of information (including location), and any required use
restrictions are provided for each environmental condition.
A. Parcel/Site Uses:
Prior Uses:AICUZ Buffer Property
Current Uses:AICUZ Buffer Property
Future Uses:AICUZ Buffer Property
B.Contaminants: El Yes ®No ❑Unknown
If yes,identify contaminant and media:
Source of information: Records reviews. Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base.
Restrictions or Land Use Controls:❑Yes ®No
If yes,please identify and explain in detail in Section 2 below.
C.Hazardous Materials Use:❑ Yes ®No ❑ Unknown
Hazardous Materials Storage:❑ Yes ®No 0 Unknown
Type of HM:
Type of Use and/or Storage:
Source of information: Records reviews, Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base.
Restrictions or Land Use Controls:❑ Yes ®No
If yes,please identify and explain in detail in Section 2 below.
D.Treatment,Storage,Disposal of Hazardous Waste:❑ Yes ®No ❑ Unknown
Source of information:Records reviews,Interviews and Subsequent Investigations.
Restrictions or Land Use Controls:❑Yes ® No
If yes,please identify and explain in detail in Section 2 below.
E. Underground Storage Tanks: ❑ Yes ®No ❑ Unknown
UST No. Gals.
Source of information: Records reviews, Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base.
Restrictions or Land Use Controls: El Yes ® No
If yes,please identify and explain in detail in Section 2 below.
Attachment 3
•
NVIRONMENTAL CONDITION OF PROPERTY (ECP) CHECKLIST Page 2 of 4
F.Above-Ground Storage Tanks: ❑Yes ®No
AST No. Gals.
Source of information: Records reviews. Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base.
Restrictions or Land Use Controls:❑Yes ®No
If yes,please identify and explain in detail in Section 2 below.
G. Presence of Polychlorinated Biphenyl's(PCB's):❑Yes ®No ❑ Unknown
Source of information: Records reviews, Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base.
Restrictions or Land Use Controls:❑Yes ®No
If yes,please identify and explain in detail in Section 2 below.
H.Asbestos:❑Yes ❑No ® Unknown
If yes:❑ Friable ❑Non-friable ❑Unknown
Source of information: Records reviews. Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base. No asbestos survey conducted in association with this report.Presence of asbestos is not expected. see Section 2. Land Use
Controls.
Restrictions or Land Use Controls:®Yes ❑No
If yes,please identify and explain in detail in Section 2 below.
I. Lead Paint:❑ Yes ®No ❑ Unknown
Source of information: Records reviews, Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base. No LBP Survey conducted in association with this report. Presence of LBP is not likely, no buildings are located within the
license area.
Restrictions or Land Use Controls:❑Yes ®No
If yes,please identify and explain in detail in Section 2 below.
J. Radon:❑ Yes ® No ❑ Unknown
SiatEc of information: Records reviews, Interviews and Subsequent Investigations. No Radon survey conducted, but typical
Radon levels in the county are is 1.1 pCi/L,well below 4.0 pCi/L action levels per State of FL Dept. of Health.
Restrictions or Land Use Controls:❑ Yes ®No
If yes,please identify and explain in detail in Section 2 below. •
K.Radiological Materials:❑ Yes ®No ❑ Unknown
Source of information: Records reviews, Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base. .
Restrictions or Land Use Controls: ❑ Yes ®No
If yes,please identify and explain in detail in Section 2 below.
L.Solid/Bio-Hazardous Waste: ❑Yes ®No ❑Unknown
Source of information: Records reviews, Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base.
Restrictions or Land Use Controls:❑Yes ®No
If yes,please identify and explain in detail in Section 2 below.
M.Munitions and Explosives of Concern: 0 Yes ®No ❑ Unknown
Source of information: Records reviews, Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base.
Restrictions or Land Use Controls:❑Yes ®No
If yes,please identify and explain in detail in Section 2 below.
Attachment 3
NVIRONMENTAL CONDITION OF PROPERTY (ECP) CHECKLIST Page 3 of 4
N.Threatened or Endangered Species: ®Yes ❑No ❑ Unknown
Source of information:Records reviews. Interviews and Subsequent Investigations.See Section O.below.
Restrictions or Land Use Controls: Z Yes ❑No
If yes,please identify and explain in detail in Section 2 below.
O.Natural or Cultural Resources: ® Yes ❑No ❑ Unknown
Source of information: Records reviews, Interviews and Subsequent Investigations. The submerged lands below mean hig water
within the proposed license are covered under the Florida Keys National Marine Sanctuary designation that protects 2,900 square
nautical miles of waters surrounding the Florida Keys. The shoreward boundary of the sanctuary is the mean high-water mark.
Boca Chica Beach shoreline is known sea turtle nesting habitat. Sea turtles and sea turtle nests are protected under the Endangered
Species Act and shall not be distrurbed. See Section 2. Land Use Controls below.
Restrictions or Land Use Controls:®Yes ❑No
' If yes,please identify and explain in detail in Section 2 below.
P.Use of Adjacent Property:
Current Use:Boca Chica-Miliary,Geiger Key-Cotnmerncial/Residential
Past Use: Boca Chica-Miliary,Geiger Key-Commerncial/Residential
Source of information: Records reviews, Interviews and Subsequent Investigations. Documents maintained in NAVY NIRIS data
base. See Item R for more information and Section 2 for Land Use Controls.
Restrictions or Land Use Controls:❑Yes ®No
If yes,please identify and explain in detail in Section 2 below.
Q. Has the site had any Notices of Violation? ❑Yes ®No.
If yes,please explain:
Source of information:Records reviews. Interviews and Subsequent Investigations.
Restrictions or Land Use Controls:❑Yes ®No
If yes,please identify and explain in detail in Section 2 below.
R.Additional information or comments regarding questions shown above(attach sheet(s)if additional room is needed):
All answers provided on this ECP checklist were based on information available to the NAS Key West Public Works Department
Environmental Division and Site Visit conducted 12 Aug 2015.
Source of information:
Restrictions or Land Use Controls:❑Yes ❑No
If yes,please identify and explain in detail in Section 2 below.
2. List of Land Use Controls required for Real Estate Action:
Natural and Cultural Resources within submerged/shoreline areas of the proposed license are covered under the Florida Keys
National Marine Sanctuary designation as regulated under CFR Title 15:Commerce and Foreign Trade,Part 922: National Marine
Sanctuary Program Regulations,Subpart P—Florida Keys National Marine Sanctuary.
Unknown existence of asbestos within proposed license area. Personnel should be advised on the possibily of uncovering asbestos
containing pipe(transite pipe)during ground disturbing activities which are not authorized in the license.Contact NASKW
Environmental Office with anv questions.
•
Sea turtles and sea turtle nests are protected under the Endangered Species Act and shall not be distrurbed.
Attachment 3
•
NVIRONMENTAL CONDITION OF PROPERTY (ECP) CHECKLIST Page 4 of 4
3. Signature:
Based on records reviews, site inspections, and interviews, the environmental professional(s) certify that the
environmental conditions of the property are as stated in this document and this property is suitable for outgrant.
Environmental Professional:
6ARHAM.EDWARD.MARK.1262960 a ,`""'"":":""": �'�'
Environmental Director
Signature Title
Edward Barham 25 Aug 2015
Print Name Date
The real estate professional(s) acknowledge these restrictions and/or LUCs identified above and will ensure they are
made a part of the outgrant document.
Real Estate Professional: nn
r`ES
Signature Title
64-4 N. /h1 t)�:J/ Slay 1:s
Print Name Date
Property Owner(Activity or Region) acknowledges and accepts the foregoing statement of environmental
conditions_and the land use controls(if any)that will be required for this real estate outgrant:
/ 1 /
� 7(y)41 CNRSE N45/NAVFAC SE EVBLC
Signature Title
Camille Destafney. P.E. z--1 Q.'V 2 1
Print Name Date
Attachment 3
•
Exhibit F
•
Naval Naval Facilities g Command
NA]FAC soliTh nsr
JOINT INSPECTION AND INVENTORY REPORT (JIIR)
Name of Installation: NAS Key West UIC: N00213
Location: Boca Chica AREA: Boca Chica Beach; Geiger Key
Date of Inspection: _/Li/Z('jh
iNFADS current: Yes /No/NA
Contract Number: N69450-15-RP-00143
Commencement Date: Termination Date:
Options: N/A
Grantee: County of Monroe, FL
Grantor: U.S. Government
Type of In/Outgranh Out-Licensee
Intended use: Use of the Boca Chica Beach and Geiger Key for recreational purposes to
include water access
Address: NAS Key West
Area: Approximately six (6) acres total
Physical Condition of the Property
1. Grantor is presently using the property for the following purpose(s):
No—l-A N I�
2. Propertgip (is not) suitable for intended use (Circle one).
3. Describe any/all present property uses that would be incompatible with Grantee's intended
use:
2— Pk(,RFAKAErN F(siu)S(ot S
4. Describe and document any major physical conditions that need to be addressed/corrected:
'NONE
Page 1
' Exhibit N
5. List and describe any safety concerns that need to be addressed:
NINE
" 6. Describe any/all items discovered in the physical inspection that do not comply with the terms
and conditions of the agreement:
NoHC
The following personnel have inspected the premises on(Date) 1 1 ) a IS- and
agree to the findings and conditions listed on this report: 111
C
GRANTOR— -GRANTEE--
Inspected By: 'it: • to • Inspected By: Et 'A cc-D 3Fvy a-N A fn
Signed: t1!•i: Signed:
z..l
Additional
Comments:
}I�6litJ
COON iy 'T c_VG111 Nb lc,ARicli-(h 3 —yvN1n
% ' C Cv '
c,P-D1t-p f w1"rl-t Norv.) u'—t SeeC i C .
t002DiN 1,
CONTACT TAD
Page 2