Item C11County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
IleOI1da Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
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George Neugent, District 2
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Heather Carruthers, District 3
County Commission Meeting
March 21, 2018
Agenda Item Number: C.11
Agenda Item Summary #3975
BULK ITEM: Yes DEPARTMENT: Project Management / Facilities
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549
none
AGENDA ITEM WORDING: Approval of a second amendment to lease agreement with the Key
West Art and Historical Society (KWAHS) for its lease of East Martello to extend the current term
on a month -to -month basis and increase the insurance requirements, pending execution of a new
multi- year lease for the property and updating all terms and conditions.
ITEM BACKGROUND: The Key West Art and Historical Society (KWAHS) leases East Martello
from the County under an Original Lease dated April 8, 1998. The Lease provides for use of
premises as a historical museum and art gallery. Fundraising activities give KWAHS the ability to
raise revenue needed for routine maintenance on the property. The original lease term was for twenty
(20) years and it expires on April 7, 2018. KWAHS has proven to be a good steward of the East
Martello property and has requested to extend its Lease. Fla. Stat. Sec. 125.38 would permit the
County to enter into a new lease with KWAHS without the need to advertise seeking any other
potential tenants. We are, therefore, requesting to extend the current term of the original lease, as
amended, on a month -to -month basis and increase the current insurance requirements, pending the
negotiations and execution of a of a new multi -year lease with KWAHS updating the terms and
conditions to include, but not limited to, current laws and regulations, updated insurance
requirements, historic property considerations, and other such provisions.
PREVIOUS RELEVANT BOCC ACTION:
April 8, 1998 BOCC approved the original lease for a twenty (20) year term commencing April
8, 1998, and terminating on April 7, 2018.
August 8, 2000 Quitclaim Deed from the United States of America, acting by the Secretary of the
Navy, Southern Division, Naval Facilities Engineering Command as Grantor to
the Monroe County Board of County Commissioners as Grantee, which conveyed
the East Martello Battery property to the County.
August 20, 2014 BOCC approved First Amendment to allow fundraising activities by KWAHS.
CONTRACT /AGREEMENT CHANGES:
Extend the current term of the Original Lease, as amended, on a month -to -month basis and increase
the insurance requirements, pending the execution of a new multi -year Lease for the property.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Second Amendment with Revised Exhibit B
First Amendment to Lease Agreement E Martello
E Martello Quitclaim Deed
Original Lease -04 -08 -1998
FINANCIAL IMPACT:
Effective Date: April 8, 2018
Expiration Date: Month to Month pending the execution of a new (20) year lease
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds:
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes
Grant:
County Match:
Insurance Required: Yes
Additional Details:
If yes, amount: $1.00 /year
N/A
REVIEWED BY:
Patricia Eables
Completed
03/06/2018 3:24 PM
Cary Knight
Completed
03/06/2018 3:47 PM
Kevin Wilson
Completed
03/06/2018 3:57 PM
Budget and Finance
Completed
03/06/2018 4:00 PM
Maria Slavik
Completed
03/06/2018 5:14 PM
Kathy Peters
Completed
03/06/2018 5:28 PM
Board of County Commissioners
Pending
03/21/2018 9:00 AM
SECOND AMENDMENT TO LEASE AGREE ENT
KEY WEST ART AND HISTORICAL SOCIETY
MONROECOUNTY
THIS AMENDMENT (hereafter Amendment) is made and entered into this 21` day of
March, 2018, by and between Monroe County, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, FL 33040 (hereinafter "COUNTY" or
"LESSOR "), and Key West Art and - Historical Society, a non - profit corporation organized and
existing under the laws of the State of Florida, whose address is 3501 S. Roosevelt Blvd., Key
West, FL 33040 (hereinafter "TENANT" or "LESSEE ").
WHEREAS, on the 81h day of April 1998, the LESSEE and the COUNTY entered in to a
twenty (20) year lease (hereinafter "Original Lease ") for the premises known as the East
Martello Tower; and
WHEREAS, under the terms of the Original Lease LESSEE is required to maintain
insurance on the premises and pay for any and all charges for ordinary maintenance and care of
the premises; and
WHEREAS, the term of the Original Lease expires on April 7, 2018, and LESSEE has
requested a new Lease with the COUNTY for an additional multi -year term;
WHEREAS, the COUNTY pursuant to Fla. Stat. Sec. 125.38 may enter into a lease of
County owned property with a not - for - profit organization, which is organized for the purposes of
promoting community interest and welfare, and the property is not needed for County purposes;
and
WHEREAS, the COUNTY and LESSEE now desire to amend Exhibit 'B" to the
Original Lease to provide for the current insurance and hold harmless and indemnification
requirements; and
WHEREAS, the COUNTY and LESSEE now desire to enter into a new Lease of the
East Martello Tower property and are in negotiations to finalize the terms of a new Lease to
include, but not limited to, current laws and regulations, updated insurance requirements, historic
property considerations, and other such terms and conditions; and
WHEREAS,,the parties now desire to extend the current term of the Original Lease, as
amended, on a month -to -month basis, pending the execution of a new multi -year Lease for the
property;
NOW, THEREFORE, IN CONSIDERATION of the premises and of the mutual
covenants and agreements herein contained, and other valuable considerations, the parties agree
as follows:
1
SECTION 1. The Original Lease is amended to reflect that upon the expiration of the Original
Lease on April 7, 2018, that the term of the Lease shall be extended to continue on a month -to-
month basis until the execution of a new Lease by all parties.
SECTION 2. Paragraph 2 f. of the Original Lease, as amended, is hereby amended to read as
follows:
2. It is further understood and agreed by and between the LESSOR and LESSEE
that the LESSEE will:
During the extended term of this lease take out the necessary liability
automobile, and workers' compensation insurance described in "Revised
Exhibit B ", which is attached and incorporated into this Lease Agreement
to save and keep the LESSOR harmless against any and all liability
resulting from injuries to person or property on or about the ]eased
premises by reason of its occupancy or use thereof.
SECTION 3. In all other respects, the Original Lease dated April 8, 1998, and the Amendment
to Lease Agreement dated August 20, 2014, not inconsistent herewith, remain in full force and
effect.
IN WITNESS WHEREOF, each party has caused this Second Amendment to Lease to be
executed by its duly authorized representative.
(SEAL)
ATTEST: KEVIN MADOK, CLERK
mm
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
LESSOR
BY:
Mayor /Chairperson
(CORPORATE SEAL)
ATTEST:
By:
Print Nara
Witness
s
KEY WEST ART AND HISTORICAL
SOCIETY, INC.
LESSEE
BY: "IkAXI
Print Name: \ C 1 4 t✓l_ C— Gkt
Title
MONROE C OUNry ATTORNEY'S
PP ED AS • .
PATRICIA EABLES
NTY O'
t
"REVISED EXHIBIT B"
2016 Edition
General Insurance Requirements for
Organizations/Individuals Leasing County-Owned Property
Prior to the Organization or Individual taking possession of the property owned by the County, or
commencing its concessionaire operations, the Organization /Individual shall obtain, at his /her own
expense, insurance as specified in the attached schedules, which are made part of this lease /rental
agreement.
The Organization /Individual will not be permitted to occupy or use the property until satisfactory
evidence of the required insurance has been furnished to the County as specified below.
The Organization /Individual shall maintain the required insurance throughout the entire term of
this lease /rental agreement and any extensions specified in the attached schedules. Failure to
comply with this provision may result in the immediate termination of the lease /rental agreement
and the return of al l property owned by the County.
The Organiation /Individual will be held responsible for all deductibles and self insured
retentions that may be contained in the Organization /Individual's Insurance policies.
The Organization/Individual shall provide, to the County, as satisfactory evidence of the required
insurance, either;
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole. option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non - renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the County by the insurer.
The acceptance and /or approval of the Organization /Individual's insurance shall not be construed
as relieving the Organization /Individual from any liability or obligation assumed under this
contract or imposed by law.
The Monroe County Board of County Commissioners, will be included as "Additional Insured"
on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and approved
by Monroe County Risk Management.
Administrative Instruction 7500.7
28
201 S Edition
ALL RISK PROPERTY INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS OF COUNTY -OWNED PROPERTY
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization /Individual taking possession of the property governed by this lease /rental
agreement, the Organization /Individual shall obtain All Risk Property Insurance (to include the
perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property
leased or rented. Coverage shall be maintained throughout the life of the Lease /Rental Agreement
and include, as a minimum, liability coverage for:
Fire
Li htnin
Vandalism
Sprinkler Leaka ge
Sinkhole Collapse _
Fall pg Objects
Windstorm
Smoke
Explosion
Civil Commotion
Aircraft and Vehicle Damage___
Flood
The Monroe County Board of County Commissioners will be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
Administrative Instruction 1500.7
29
2018 Edition
GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization /Individual taking possession of the property governed by this leaselrental
agreement, the Organization /Individual shall obtain General Liability Insurance. Coverage shall
be maintained throughout the life of the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Fire Legal Liability (with limits equal to the fair market value of the leased property.)
The minimum limits acceptable is:
$1,000,000 Combined Single Limit (CSL)
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims bled on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the termination of the Lease /Rental Agreement.
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisfy the above requirements.
Administrative Instruction 7500.7
30
2018 Edition
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS OF COUNTY -OWNED PROPERTY
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization /Individual taking possession of the property governed by this
lease /rental agreement, the Organization /Individual shall purchase Business Automobile
Liability Insurance. Coverage shall be maintained throughout the life of the Lease /Rental
Agreement and include, as a minimum, liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
• Physical Damage Protection (if the leased property is a County -owned
vehicle)
The minimum limits acceptable is:
$300,000 Combined Single Limit (CSL)
ACV for Physical Damage
The Monroe County Board of County Commissioners will be named as Additional Insured
on all policies issued to satisfy the above requirements. In addition, if the lease /rental
agreement involves County -owned vehicles, the Monroe County Board of County
Commissioners will be named as "Loss Payee" with respect to the physical damage
protection.
Administrative Instruction 7500.7
31
2016 Edition
WORKERS' COMPENSATION INSURANCE REQUIREMENTS
FOR
CONTRACT _
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor will obtain Workers'
Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation
state statutes and the requirements of Chapter 440, Florida Statutes.
In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less
than;
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage will be maintained throughout the entire term of the contract.
Coverage will be provided by a company or companies authorized to transact business in the State
of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County may recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
►lttI]
Administrative Instruction 7500.7
97
2018 Edition
Indemnification, Hold Harmless and Defe
_Mse
for Organ izations/Individuals Leasing County -Owned Pro ertv
The Organ izatioW I ndi v idual covenants and agrees to defend, indemnify and hold harmless
0
Monroe County Board of County Commissioners, and its elected and appointed officers, officials, 2
agents, servants, and employees from any and all claims, demands. or causes of action for bodily 0
injury (including death), personal injury, and property damage (including property owned by
Monroe County) and any other losses, damages, costs, penalities, and expenses (including
0
attorney's fees) which arise out of, in connection with, or by reason of the Organ lzation/Ind iv idual
utilizing the property governed by this lease/rental agreement. The extent of liability is in no way
.2
limited to, reduced, or lessened by the insurance requirements contained elsewhere within this
agreement.
INS
INS
W
E
E
INS
7 - 1
Administrative Irtsiniction 7500.7
102
ANIF,NDENT ta X , G1 "I
I - AGREENIII&OF
KIMMSTAR]
NUMMUMMY
ITHS AMMIDMi",NT (hereafter Arnendmem) is nmde said entered into this 20' day of
August. 2014, by and between Monme (`ounq� as political subdivision ofthe State of'Florrda- v�hose
addi is I IN Sirnoiaon Strem K'c \Ves't, 1:1, 31040 (hencinaller or - TESSOR."),
and Key West Art and lFigorical Society, as non-profil corrronakwi cwganizal wider artol existing
t _
under the laws of the We of Mkh. mlose mkhvss is 3501 S. Roosevelt 13MAL, Key West- 11,
3)3040 (hercartartcr "TFN AN] " or
WHEREAS, on the 8 cla 1998, the 1ASSFF and the CA)UPIFY entered in to as 20
year lease (hereinafter Or iginal Lease) Rir the rweribses known , .!is the East Marne to I ov%er: and,
WHEREAS. under the terrains (A' the Original Lease L•SSFT.' is required to rnainunn
insurance on the pren and pay Rw any and all charges kar ordnay nutintenwree and cue of die
prcrnise: and
WHEREAS, LESSLF. desires to hold Ondraising events, on Be preinises to genemic the
funds requked taa nice! there olrh, under the teJr1[rjS (:n'tfi(,,- Original l,ea;c, and
WHEI'MAS, the Orilynal Ixase is silau as to INSSIMs abilty to hog Whaising evmHs
on the premises: ouid
WHEREAS, Be CTH;NTY has iu) oljeo, to the 1,1 x' holding fundraisingg events 011
the pren ..ind the partiCS deSh tO Update the Wasc to al lo" LE.SSIT to host fttj raising, c venw
nw,v, therefore,
104 CONSIDERATION or the prendses and of Be nnitual c ancl agreenricilts herein
contAn€ d. and other vakwhic consiclerwOnn the par , ia;ree as follcovs:
The, rari iaaaal agreenwitt is arnerided to add paragmph - 1 Fand shall read as 161lows
L Upon written approval frori the Director of Airports or his dcsit 'rjee ] , I " SSI ,'
F' nray hold
Cundraiing evems on tN, prernises, To obudn approval. IJASIT diall SUbirnt a proj'-wsa al no
later than 31) clays prior to the hundraising evers rhe proposal sl provide a descriwiOn of
the event and an em itme o C the nunker o atteridecs cxpectf,.,d ait thc' event° I he proposal
shAl Aso adoless parkirT. Wfic control add secubty needs and include JOSSEF's jdan Or
providin,g kor these needs. Ile M1 04TY mill review the proposal .uid, at its discretion. n
chher :!I prove or dimpprove the event in NOW,
SIMIJON :h In all (Aher respects. die original agreement dutc:d ApHl 8. 1908 W inconsistent
fwrcw4h. SO remain fn Wit florce and efAct,
1N WANIAS WHATRA: each 1nart ,,, hcNu) has causcd this to hC' c, in
tc by its dtd� authorized
Y I ]LAVILIN, CTFRK
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DcpQy Clak
(CMIAWNFE SFAL)
A RTST:
BOARD OF C(A PIFY COMMSIT)NERS
OF MONROF' ('(W)NT`' 1
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M a y o f Y I i a �irphy
KEY V S F AR F AND l 11STORICAL SOCHAN
BY fl� US LA - - - -------- ------ -
VVitness NASA K CiOda. Fxccu6ve threw
Date
I
QUITCLAIM DEED
STATE OF FLORIDA
COUNTY OF MONROE )
I. THIS QUITCLAIM DEED, made this the day of &8 0 5 E, 2000, between the
UNITED STATES OF AMERICA, also referred to as the Government, acting by and through
the Secretary of the Navy, Southern Division, Naval Facilities Engineering Command, under and
pursuant to the powers and authority of Article 4, Section 3, Clause 2 of the Constitution of the
United States, and pursuant to provisions of the Federal Property and Administrative Services
Act of 1949, approved June 30, 1949, (63 Stat.377), as amended, and 49 U.S.C. Sections 47151
- 47153 (formally known as the Surplus Property Act of 1944 (58 Stat. 765), as amended), a
delegation from the Administrator of General Services to the Secretary of Defense and
subsequent delegation to the Secretary of the Navy, and regulations and orders promulgated
thereunder, party of the first part, as GRANTOR, and Monroe County Board of County
Commissioners, as GRANTEE, a public agency created, operated, and existing under and by
virtue of the laws of the State of Florida, and designated by the State of Florida as the public
agency to operate, maintain and develop public airports.
II. WITNESSETH, for and in consideration of the assumption by the GRANTEE of all the
obligations and the GRANTEE's covenant to abide by and agreement to take the Property
subject to all terms, reservations, restrictions, conditions and covenants, all as set out in this
Quitclaim Deed (hereinafter referred to as the Deed), the GRANTOR has released and
quitclaimed to the GRANTEE, its successors and assigns, without warranty, express or implied,
under and subject to the obligations, terms, reservations, restrictions, conditions, and covenants,
all as hereinafter expressed and set out, all right, title, interest, claim, and demand which the
GRANTOR has in and to that certain Property situated, lying and being in the County of
Monroe, in the State of Florida, formerly known as East Martello Battery, Naval Air Station, Key
West, Florida, and described in detail in EXHIBIT "A" hereof, for the use stated therein
(hereinafter referred to as the "Property"), including a non - exclusive use ingress and egress
easement to the Property over Government Road.
III. WHEREAS, all the Property hereby conveyed has heretofore been declared surplus to the
needs of the UNITED STATES OF AMERICA, is presently under the jurisdiction of the
Secretary of the Navy, is available for disposal and its disposal has been heretofore authorized by
the Secretary of the Navy, acting pursuant to the above referred to laws, regulations and orders.
IV. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances
thereunto belonging or in anywise appertaining, and all the estate, right, title, interest or claim
whatsoever of the GRANTOR, either in law or in equity and subject to the terms, reservations,
restrictions, covenants, and conditions set forth in this Deed, to the only proper use, benefit and
behalf of the GRANTEE, its successors and assigns forever; and subject to all existing
easements and rights -of -way for roads, highways, pipeline and public utilities, if any, whether of
public record or not.
V. NOW THEREFORE, by the acceptance of this Deed or any rights hereunder, the
GRANTEE, for itself, its successors and assigns, agrees that the transfer of all the Property
transferred by this Deed is accepted subject to the following terms, restrictions, reservations,
covenants, and conditions set forth in subparagraphs (A) and (B) of this paragraph, which shall
run with the land, provided that the Property, both real and personal, transferred hereby may be
successively transferred only with the proviso that any such subsequent transferee assumes all of
the obligations upon the GRANTEE by the provisions of this Deed with respect to the Property
being transferred.
A. That, except as provided in subparagraph (A) of numbered paragraph VI, the Property
transferred by this Deed shall be used for public airport purposes for the use and benefit of the
public, on fair and reasonable terms and without unjust discrimination and without grant or
exercise of any exclusive right for use of the Airport within the meaning of the term "exclusive
right" as used in subparagraph (C) of the numbered paragraph VI. As used in this Deed, the term
"Airport" shall be deemed to include all land easements, buildings, facilities, structures
improvements and equipment (both real and personal), including revenues and proceeds derived
therefrom, used for public airport purposes.
B. That, except as provided in subparagraph (A) of the numbered paragraph VI, the
entire landing area, as defined in 49 U.S.C. Section 40102(a)(28), formally known as Section 101'
of the Federal Aviation Act of 1958, as amended, and Federal Aviation Regulations pertaining
thereto, and all structures, improvements, buildings, facilities and equipment in which this Deed
transfers any interest, shall be maintained for the use and benefit of the public at all times in safe
and serviceable condition, to assure its efficient operation and use, provided, however, that such
maintenance shall be required as to structures, buildings, improvements, facilities and equipment
only during the useful life thereof, as determined by the Secretary of the U.S. Department of
Transportation, acting by and through the Administrator of the Federal Aviation Administration,
or his/her successor in function, (hereinafter referred to as FAA). In the event materials are
required to rehabilitate or repair certain of the aforementioned structures, improvements,
facilities, buildings or equipment, they may be procured by demolition of other structures,
improvements, buildings, facilities or equipment transferred hereby and located on the above
land which have outlived their use as Airport Property in the opinion of the FAA.
VI. FURTHER, by the acceptance of this Deed or any rights hereunder, the GRANTEE for
itself, its successors and assigns, also assumes the obligation of, covenants to abide by and agree
to, and this transfer is made subject to, the following terms, conditions, covenants, reservations
and restrictions set forth in subparagraphs (A) to (T), inclusive, of this paragraph, which shall run
with the land: Provided, that the Property transferred hereby may be successively transferred
eA
only with the proviso that any such subsequent transferee assumes all the obligations imposed
upon the GRANTEE by the provisions of this Deed.
A. That no Property transferred by this Deed shall be used, leased, sold, salvaged, or
disposed of by the GRANTEE for other than Airport purposes without the written consent of the
FAA, which consent shall be granted only if the FAA determines that the Property can be used,
leased, sold, salvaged, or disposed of for other than Airport purposes without materially and
adversely affecting the development, improvement, operation, or maintenance of the Airport at
which such Property is located pursuant to 49 U.S.C. 47151- 47153, formally known as the
Surplus Property Act of 1944, as amended.
B. Property transferred for the development, improvement, operation or maintenance of
the Airport shall be used and maintained for the use and benefit of the public on fair and
reasonable terms, without unjust discrimination and without grant or exercise of any exclusive
right for use of the Airport within the meaning of the term "exclusive right' as used in
subparagraph C of this paragraph. In furtherance of this covenant (but without limiting its
general applicability and effect) the GRANTEE specifically agrees (1) That it will keep the
Airport available as an airport for public use on fair and reasonable terms and without unjust
discrimination, to all types, kinds, and classes of aeronautical uses. Provided, that the
GRANTEE may establish such fair, equal, and not unjustly discriminatory conditions to be met
by all user of the Airport as may be necessary for the safe and efficient operation of the Airport;
and provided, further, that the GRANTEE may prohibit or limit any given type, kind, or class of
aeronautical use of the Airport if such action is necessary for the safe operation of the Airport to
serve the civil aviation needs of the public; (2) That in its operation and the operation of
facilities on the Airport, neither it nor any person or organization occupying space or facilities
thereupon will discriminate against any person or class of persons by reason of race, color, creed,'
age, religion, sex, handicap, or national origin in the use of any of the facilities provided for the
public on the Airport; (3) That in any agreement, contract, lease, or other arrangement under
which a right or privilege at the Airport is granted to any person, firm or corporation to conduct
or engage in any aeronautical activity for furnishing services to the public at the Airport, the
GRANTEE will insert and enforce provisions requiring the contractor: (a) to furnish said service
on a fair, equal, and not unjustly discriminatory basis to all users thereof, and (b) to charge fair,
reasonable, and not unjustly discriminatory prices for each unit or service, provided, that the
contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other
similar types of price reductions to volume purchasers; (4) That the GRANTEE will not exercise
or grant any right or privilege which would operate to prevent any person, firm, or corporation
operating aircraft on the Airport from performing any services on its won aircraft with its own
employees (including, but not limited to maintenance, repair, and fueling) that it may choose to
perform; (5) That in the event the GRANTEE itself exercises any of the rights and privileges
referred to in subsection (3) above, the services involved will be provided on the same conditions
as would apply to the furnishing of such services by contractors or concessionaires of the
GRANTEE under the provisions of such subsection (3) of this paragraph VII.B.
C. The GRANTEE will not grant to, or permit any exclusive right, which is forbidden
by FAA requirements, and as described in 49 U.S.C. Section 40103(e), formally known as
3
Section 308 of the Federal Aviation Act of 1958, as amended, and 49 U.S.C. Section
47152(3)(A) & (B), for the use of the Airport, at which the property described herein is located,
by any person or persons to the exclusion of others in the same class and will otherwise comply
with all applicable laws. In furtherance of this covenant (but without limiting its general
applicability and effect), the GRANTEE specifically agrees that, unless authorized by the FAA,
it will not, either directly or indirectly, grant or permit any person, firm or corporation the
exclusive right to conduct any aeronautical activity on the Airport including but not limited to,
charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting,
aerial advertising and surveying, air carrier operations, aircraft sales, and services, sale of
aviation petroleum products whether or not conducted in conjunction with other aeronautical
activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which
because of their direct relationship to the operation of aircraft can be regarded as an aeronautical
activity. The GRANTEE further agrees that it will terminate as soon as possible and no later
than the earliest renewal, cancellation, or expiration date applicable thereto, any exclusive right
existing at any Airport owned or controlled by the GRANTEE or hereafter acquired and that,
thereafter, no such right shall be granted. However, nothing contained herein shall be construed
to prohibit the granting or exercise of an exclusive right for the furnishing of non - aviation
products and supplies or any services of a non - aeronautical nature or to obligate the GRANTEE
to furnish any particular non - aeronautical service at the Airport.
D. The GRANTEE shall, insofar as it is within its powers and to the extent reasonable,
adequately clear and protect the Airport by removing, lowering, relocating, marking, lighting, or
otherwise mitigating existing Airport hazards and by preventing the establishment or creation of
future Airport hazards. The GRANTEE will, either by the acquisition and retention of easements
or other interests in or rights for the use of land or airspace or by the adoption and enforcement of
zoning regulations, or by any other reasonable means, prevent the construction, erection,
alteration, or growth of any structure, tree, or other object in areas of the RPZ which would
constitute an obstruction to air navigation according to the criteria or standards prescribed in Part
77 of the Federal Aviation Regulations [ 14 CFR Part 77], and, as applicable, according to the
approved Airport Layout Plan. In addition, the GRANTEE will not erect or permit the erection
of any permanent structure or facility which would interfere materially with the use, operation of
the Airport in or on any portion of a runway approach area in which the GRANTEE has control
over, or has acquired, or hereafter acquires, property interests permitting the GRANTEE to so
control, the use made of the surface of the land or airspace or by the adoption and enforcement of
zoning regulations or by any other reasonable means take action to restrict the use of the land
adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with
normal Airport operations including landing and takeoff of aircraft.
E. The GRANTEE will operate and maintain in a safe and serviceable condition, as
deemed reasonably necessary by the FAA, the Airport and all facilities thereon and connected
therewith which are necessary to service the aeronautical users of the Airport other than facilities
owned or controlled by the United States and will not permit any activity thereon which would
interfere with its use for Airport purposes: Provided, that nothing contained herein shall be
construed to require that the Airport be operated for aeronautical uses during temporary periods
when hurricanes, flood, or other climatic conditions interfere with such operation and
4
maintenance, nor shall anything herein be construed to require the repair, restoration or
replacement of any structure or facility which is substantially damaged or destroyed due to an act
of God or other condition or circumstance beyond the control of the GRANTEE.
F. That the GRANTEE will make available all facilities of the Airport at which the
Property described herein is located or developed, and all those usable for the landing and taking
off of aircraft, to the United States at all times, without charge, for use by government aircraft in
common with other aircraft, except that if the use by government aircraft in common with other
aircraft is substantial, a reasonable share, proportional to such use, of the cost of operating and
maintaining facilities so used, may be charged. Unless otherwise determined by the FAA, or
otherwise agreed to by the GRANTEE and the Government, substantial use of the Airport by
Government aircraft will be considered to exist (1) when operations of such aircraft are in excess
of those which, in the opinion of the FAA, would unduly interfere with use of the landing area by
other authorized aircraft or (2) during any calendar month that either (a) five (5) or more
Government aircraft are regularly based at the Airport or on land adjacent thereto, or (b) the total
number of movements (counting each landing as a movement and each take -off as a movement)
of Government aircraft is 300 or more, or (c) the gross accumulative weight of Government
aircraft using the Airport (the total movements of such Government aircraft multiplied by the
gross certified weight of such government aircraft) is in excess of five million pounds.
G. That during any national emergency declared by the President of the UNITED
STATES OF AMERICA or the Congress thereof, including any existing national emergency, the
Government shall have the right to make exclusive or non - exclusive use and have exclusive or
non - exclusive control and possession, without charge, of the Airport, or of such portion thereof
as it may desire, provided, however, that the government shall be responsible for the entire cost
of maintaining such part of the airport as it may use exclusively, or over which it may have
exclusive possession and control, and shall be obligated to contribute a reasonable share,
commensurate with the use made by it, of the cost of maintenance of such property as it may use
non - exclusively or over which it may have non - exclusive control and possession: Provided,
further, that the government shall pay a fair rental as just compensation for its use, control, or
possession, exclusively or non - exclusively, of any improvement to the Airport made without
United States aid and never owned by the United States.
H. The GRANTEE does hereby release the government, and will take whatever action
may be required by the FAA to assure the complete release of the government from any and all
liability the government may be under for restoration or other damages under any lease or other
agreement covering the use by the United States of the Airport, or any part thereof, owned,
controlled, or operated by the GRANTEE upon which, adjacent to which, or in connection with
which, the Property was located or used: Provided, that this release shall not be construed as
depriving the GRANTEE of any right it may otherwise have to receive reimbursement under
Section 17 of the Federal Airport Act [49 App. U.S.C.A. Section 1116] for the necessary
rehabilitation or repair of the Airport heretofore or hereafter substantially damaged by the
Government.
I. The GRANTEE does hereby release, save, defend, indemnify and hold harmless the
Government, its officers, agents, and employees, for and from any and all liabilities, losses,
claims, expenses, suits, fines, penalties, judgments, demands or actions, and costs (including but
not limited to consulting, engineering, clean-up, disposal or restoration costs, investigator's fees,
attorney fees) and damages (including but not limited to personal injury, death, and Property
damage) directly or indirectly arising out of, caused by, related to, resulting from or in any way
predicated upon, in whole or in part, the possession, use or occupancy by the GRANTEE,
(including the GRANTEE's officers, agents, employees, tenants, customers, or tenant customers,
third persons, or invitees), of the Property, both real and personal, transferred by this Deed., or
attributable or incident to the physical condition or state of repair of the Property transferred by
this Deed, or any activities conducted or services furnished in connection with or pursuant to the
Property transferred by this Deed.
J. That whenever so requested by the FAA, GRANTEE will furnish without cost to the
Government, for construction, operation and maintenance of facilities for air traffic control
activities, or weather reporting activities, or communication activities related to air traffic
control, such areas of land or water, or estate therein, or rights in buildings and/or facilities of the
GRANTEE located on the airport or at which the Property described herein is located, as the
FAA may consider necessary or desirable for use and/or construction at government expense of
space or facilities for such purposes. The GRANTEE will make available such areas or any
portion thereof for the purposes provided herein within four (4) months after receipt of written
request from the FAA, if such are or will be available.
K. The GRANTEE will: (1) furnish the FAA with annual or special Airport financial
and operational reports as may be reasonably requested using either forms furnished by the FAA
or in such manner as it elects so long as the essential data are furnished, and (2) upon reasonable
request by the FAA, make available for inspection by any duly authorized representative of the
FAA the Property described herein, and all Property records and documents affecting the
Property, including deeds, leases, operation and use agreements, regulations, and other
instruments, and will furnish to the FAA a true copy of any such document which may be
reasonably requested.
L. The GRANTEE will not enter into any transaction which would operate to deprive it
of any of the rights and powers necessary to perform or comply with all the terms, covenants,
conditions, restrictions, and reservations set forth in this Deed unless by such transaction the
obligation to perform or comply with all such terms, covenants, conditions, restrictions, and
reservations is assumed by another public agency found by the FAA to be eligible as a public
agency, as the term "public agency" is defined in 49 U.S.C. Section 47102(15), to assume such
obligation and have power, authority, and financial resources to carry out all such obligations. If
an arrangement is made for management or operation of the Property by any agency or person
other than the GRANTEE, the GRANTEE will reserve sufficient rights and authority to insure
that the Property will be operated and maintained in accordance with the terms, covenants,
conditions, reservations, and restrictions in this Deed, any applicable Federal statutes, and
Federal Regulations.
1.1
M. That the GRANTEE will keep up to date at all times an Airport Layout Plan of the
Airport at which the Property described herein is located showing: (a) the boundaries of the
Airport and all proposed additions thereto, together with the boundaries of all offsite areas owned
or controlled by the GRANTEE for Airport purposes and proposed additions thereto; (b) the
location and nature of all existing and proposed Airport facilities and structures (such as
runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed
extensions and reductions of existing Airport facilities; and (c) the location of all existing and
proposed nonaviation areas and of all existing improvements thereon and uses made thereof.
Such Airport Layout Plan and each amendment, revision, or modification thereof, shall be
subject to the approval of the FAA, which approval shall be evidenced by the signature of a duly
authorized representative of the FAA on the face of the Airport Layout Plan. The GRANTEE
will not make or permit the making of any changes or alterations in the Airport or in any of its
facilities which are not in conformity with the Airport Layout Plan as so approved by the FAA,
and which might, in the opinion of the FAA, adversely affect the safety, utility, or efficiency of
the Airport.
N. That if at any time it is determined by the FAA that there is any outstanding right or
claim of right in or to the Airport or Property, described herein, the existence of which creates an
undue risk of interference with the operation of the Airport or the performance or compliance
with the terms, covenants, conditions, restrictions and reservations set forth herein, the
GRANTEE will acquire, extinguish, or modify such right or claim of right in a manner
acceptable to the FAA.
O. The terms, covenants, conditions, restrictions, and reservations set forth in this Deed
are a binding servitude on the Property herein conveyed and shall be deemed to run with the land
in perpetuity. The terms, reservations, restrictions, covenants, and conditions contained in this
Deed shall be inserted by the GRANTEE verbatim or by express reference in any deed or other
legal instrument by which it divests itself of either the fee simple title or any other lesser estate in
the Property or any portion thereof.
P. The operation of the Airport shall be subject to such regulations as may be prescribed
by the FAA from time to time, and the GRANTEE, its successors and assigns, shall comply with
all pertinent laws, ordinances, rules, orders, guidelines, or other applicable regulations and shall
hold the GRANTOR harmless from any and all liabilities or penalties which may be imposed by
reason of any asserted violation thereof by the GRANTEE. All rights and powers reserved to
the GRANTOR or the FAA, and all references in this Deed to GRANTOR or FAA shall include
successors in function. The GRANTOR may agree in writing, after obtaining the concurrence of
the FAA, to waive, eliminate, or reduce the obligations contained in this Deed.
Q. That in the event that any of the aforesaid terms, conditions, covenants, reservations,
or restrictions are not met, observed, or complied with by the GRANTEE or any subsequent
transferee, successor or assign, whether caused by the legal inability of said GRANTEE or any
subsequent transferee, successor or assign, to perform any of the obligations herein set out, or
otherwise, the title, right of possession and all other rights transferred by this Deed to the
GRANTEE, or any portion thereof, shall at the option of the Government, acting by and through
the FAA, revert to the Government in its then existing condition sixty (60) days following the
date upon which demand to this effect is made in writing by the FAA. If within said sixty (60)
days such default or violation shall have been cured and all such terms, conditions, reservations
and restrictions shall have been met, observed, and complied with, or, if within said sixty (60)
days the GRANTEE shall have commenced the actions necessary to bring the GRANTEE into
compliance with all such terms, conditions, covenants, reservations and restrictions of this Deed
in accordance with a compliance schedule approved by the FAA, then said reversion shall not
occur and title, right of possession, and all other rights transferred hereby, except such, if any, as
shall have previously terminated or reverted, shall remain vested in the GRANTEE, its
transferees, successors and assigns. This option of reversion shall be a continuing one, and may
be exercised by Government any time the FAA determines the aforesaid terms, covenants,
conditions, reservations, or restrictions are not met, observed or complied with by the
GRANTEE or any subsequent transferee, successor or assignee.
R. All local taxes on aviation fuel generated at the Airport (except taxes in effect on
December 30, 1987) and all the revenues generated by the Airport shall be used for exclusively
for the capital or operating costs of
i. the Airport;
ii. the local airport system; or
iii. any other local facility that is owned or operated by the GRANTEE and
that is directly and substantially related to the air transportation of passengers or property;
PROVIDED that the aforesaid limitations on the use of airport revenue shall not apply if a
provision enacted not later than September 2, 1982, in a law controlling financing by the
GRANTEE, or a covenant or assurance in a debt obligation issued not later than September 2,
1982, by the GRANTEE, provides that the revenues, including local taxes on aviation fuel at the'
Airport, from any of the facilities of the GRANTEE, including the airport, be used to support not
only the airport but also the general debt obligations or other facilities of the GRANTEE:
PROVIDED FURTHER that, the aforesaid limitation shall not be construed to prevent the use of
a State tax on aviation fuel to support a State aviation program or the use of airport revenue on or
off the airport for a noise mitigation program.
S. That if the construction as covenants of any of the reservations and restrictions recited
in this Deed as covenants or the application of the same as covenants in any particular instance is
held invalid, or the particular reservations and restrictions recited in this Deed as covenants or the
application of the same as covenants in any particular instance is held invalid, then the particular
reservations or restrictions in question shall be construed instead merely as conditions upon the
breach of which Government, acting by and through the FAA, may exercise its option to cause
the title, interest, right of possession, and all other rights transferred to GRANTEE, or any
portion thereof, to revert to it, and the application of such reservations or restrictions as
covenants in any other instance and the construction of the remainder of such reservations and
restrictions as covenants shall not be affected thereby.
T. The failure of the Government to insist in any one or more instances upon complete
performance of any of the terms, covenants, conditions, reservations, or restrictions in this Deed
8
shall not be construed as a waiver or a relinquishment of the future performance of any such
terms, covenants, conditions, reservations, or restrictions, and the obligations of the GRANTEE,
its successors and assigns, with respect to such future performance shall continue in full force
and effect.
VII. AND IT IS FURTHER AGREED AND UNDERSTOOD by and between the parties hereto
and the GRANTEE, by its acceptance of this Deed, acknowledges its understanding of the
agreement, and agrees that, as part of the consideration for this Deed, the GRANTEE covenants
and agrees for itself, its successors and assigns, that: (1) The program for or in connection with
which this Deed is made will be conducted in compliance with, and the GRANTEE, its
successors and assigns, will comply with all requirements imposed by or pursuant to the
regulations of the U.S. Department of Transportation, the FAA, and 49 CFR Part 21, and any
subsequent amendments thereto, issued under the provisions of Title VI of the Civil Rights Act
of 1964, as amended; (2) This covenant shall be subject in all respects to the provisions of said
regulations; (3) the GRANTEE, its successors and assigns, will promptly take and continue to
take such action as may be necessary to effectuate this covenant; (4) The Government, acting by
and through the FAA, shall have the right to seek judicial enforcement of this covenant; (5) The
GRANTEE , its successors and assigns, will: (a) obtain from any person (including any legal
entity) who, through contractual or other arrangements with the GRANTEE, its successors and
assigns, is authorized to provide services or benefits under said program, a written agreement
pursuant to which such other person shall, with respect to the services or benefits which he is
authorized to provide, undertake for himself the same obligations as those imposed upon the
GRANTEE, its successors and assigns, by this covenant, and (b) furnish the original of such
agreement to the FAA, upon FAA request therefore; and, (6) This covenant shall run with the
land hereby conveyed, and shall in any event, without regard to technical classification or
designation, legal or otherwise, be binding to the fullest extent permitted by law and equity for
the benefit of, and in favor of the Government and enforceable by the Government, acting by and
through the FAA, against the GRANTEE, its successors, and assigns.
VIII. A Finding of Suitability to Transfer (FOST) is attached as EXHIBIT "B" to the Deed; an
Environmental Baseline Survey (EBS) report is referenced in the FOST; the FOST and EBS
reference environmental conditions on the Property and on other Property not subject to this
Deed. Those restrictions and environmental conditions described in the FOST and EBS which
are applicable to the Property are contained in this Deed. The FOST sets forth the basis for the
GRANTOR's determination that the Property is suitable for transfer. The GRANTEE is hereby
made aware of the notifications contained in the EBS and the FOST.
The property contains improvements that, due to their age, are likely to have been painted
with lead based paint. A Lead Based Paint Disclosure Statement is provided as EXHIBIT "C"
to this Deed.
GRANTEE hereby acknowledges that non - friable asbestos containing materials (ACM)
has been found on the Property. Non - friable ACM is present in the vinyl floor tile, tile mastic,
and a vent pipe flashing material in the bunker. GRANTEE shall manage ACM in accordance
with applicable laws and regulations.
NOTICE OF HAZARDOUS SUBSTANCE OR PETROLEUM PRODUCT
STORED FOR MORE THAN ONE YEAR OR MORE, KNOWN TO HAVE BEEN
RELEASED OR DISPOSED OF
The information contained in this notice is required under the authority of Section 120(h)(3) of
the Comprehensive Environmental Response, Liability, and Compensation Act (CERCLA or
"Superfund ") 42 U.S.C. Section 9620 (h)(3).
Based on past use of the facility as a Shore Defense Facility and Mobile Home
Community, it is expected that small amounts of hazardous substances were stored on the
Property for one year or more. A site inspection performed in 1998, which included surface soil
and groundwater sampling, did not detect any concentrations of hazardous substances or
petroleum products or their derivatives above Florida Department of Environmental Protection
(FDEP) action levels requiring any removal or remedial action. FDEP and the U. S.
Environmental Protection Agency (EPA) have concurred with this determination.
GRANTOR covenants and warrants that any response action or corrective action found
to be necessary after the date of transfer on those areas where no hazardous substance and no
petroleum product or their derivatives were stored for one year or more, released or disposed of
shall be conducted by the United States.
GRANTEE covenants that the GRANTOR its officers, agents, employees, contractors
and subcontractors, in accordance with section 120(h) of the Comprehensive Environmental
Response, Compensation and Liability Act, shall have access to the property in any case in which
remedial action or corrective action is found to be necessary after the date of the conveyance of
the Property. GRANTEE agrees to comply with activities of the GRANTOR in furtherance of
these covenants and will take no action to interfere with future necessary remedial and
investigative actions of the GRANTOR. The GRANTOR and the GRANTEE agree to
cooperate in good faith to minimize any conflict between necessary environmental investigation
and remediation activities and operations of GRANTEE, its successors and assigns, and of any
Lessee or any Sublessee of the Property. Any inspection, survey, investigation, or other response
or remedial action will to the extent practicable be coordinated with representatives designated
by GRANTEE or its successors and assigns.
GRANTEE acknowledges that East Martello Battery Bunker, located on the Property,
is eligible for placement on the National Registry of Historic Places and is subject to The
Standard Architectual and Archeological Preservation Covenant for Transferred Property as
approved by the Florida State Advisory Council on Historic Preservation. The Preservation
Covenant is included as EXHIBIT "D" to this deed.
GRANTOR recognizes its obligations under section 330 of the National Defense
Authorization Act of 1993, as amended (Pub. L. No. 102 -484).
kite]
LIST OF EXHIBITS: The following exhibits are attached hereto and made a part of
this deed:
EXHIBIT A PROPERTY Description
EXHIBIT B Finding of Suitability to Transfer
EXHIBIT C Lead -Based Paint Hazard Disclosure &
Acknowledgement Form
EXHIBIT D Preservation Covenant
IN WITNESS WHEREOF, GRANTOR has caused its name to be signed to these
presents by an authorized Real Estate Contracting Officer on the day first above written.
UNITED STATES OF AMERICA, acting by and through the Department of th avy,
BY:
Real Estate Contrac ' icer
ItSAI "e-
Printed Name:
WITNESSES:
(signature)
0. 11 AM-Q C— 6k a
(please print or type name)
x�
(signature)
(please print or type name)
11
STATE OF SOUTH CAROLINA
COUNTY OF CHARLESTON
PERSONALLY appeared before me, aloe,; n L. Sr�; a Notary Public in and for said County
and State, the within named L VT e i s on - jr ,- , to me well known and known to be the person
described in and who executed the foregoing Quitclaim Deed on behalf of the UNITED STATES
OF AMERICA, and acknowledged that _b with authority so to do, signed and delivered the
foregoing Quitclaim Deed on the day and year therein mentioned as the free act and of the
UNITED STATES OF AMERICA.
GIVEN under my hand and official seal of office, this c qkday oflau �- , 2000,
c 1(% 4 , Notary Public for the State of South Carolina.
/s/ '
My Commission expires:
NOTARY PUBLIC FOR SOUTH CAROLINA
my commission expires tlovembet 29, 20 (`3
'/� CONCURREN keel I h)
ommanding kficer
Naval Air Station, Key West, Florida
12
ACCEPTANCE
The Monroe County Board of County Commissioners does hereby accept this Quitclaim Deed
and by acceptance agrees to all of the terms and conditions thereof.
Executed this I fI day of 0cl0 4e . r 2000.
By: Lf -0 0
Title: M0 P--
DANNY L. KOLHAGE, Clerk
Attest
Title C . o... of L G..
(SEAL)
ATTEST: DANNY L. KOLHAG � �.� )
BY LSl�/ Q�r(,T. ;
DEPUTY CLERK
APpR�
Nw . _ vEo .
N r
13
(OFFICIAL SEAL)
CERTIFICATE OF GRANTEE'S ATTORNEY
I, , acting as attorney for
herein referred to as the "GRANTEE," do hereby certify: That I have examined the foregoing
Quitclaim Deed and the proceedings taken by the GRANTEE relating thereto, and find that the
acceptance thereof by the GRANTEE has been duly authorized and that the execution thereof is
in all respects due and proper and in accordance with the laws of the State of Florida, and further
that, in my opinion, the Quitclaim Deed constitutes a legal and binding compliance obligation of
the GRANTEE in accordance with the terms thereof.
Dated at 2S this b day of V d 0 6e- r , 2000.
Title A cl V c)
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EI h Packet Pg. 425
FINDING OF SUITABILITY TO TRANSFER
EAST MARTELLO BATTERY
KEY WEST, FLORIDA
1.0 Pu rpose
This Finding of Suitability to Transfer (FOST) documents my determination, as the responsible - --
Department of Defense (DoD) component official, that 13.96 acres of the real property known as
East Martello Battery, Naval Air Station Key West (Subject Property), is environmentally suitable
for deed transfer to the City of Key West Navy Properties Local Reuse Authority (NPLRA) for
the authorized use as wetlands preservation and passive open space recreation under the terms of
the conveyance from the Department of Interior (DOI) and in accordance with the NPLRA
Redevelopment Plan. The remaining 26.49 acres are suitable for transfer to Monroe County
under a Department of Transportation (DOT), Federal Aviation Authority Public Benefit
Conveyance for authorized use as a runway protection zone and obstruction -free zone.
This decision is based upon a review of information contained in the attached Environmental
Baseline Survey (EBS) and the Reuse Plan developed by the NPLRA. Factors leading to this
decision and other pertinent information related to property transfer requirements are stated
below.
2.0 Property Description
The Subject Property is located in Monroe County, Key West, Florida within the boundaries of
the City of Key West as more particularly described in the attached EBS. Subject Property is
fenced and comprises approximately 40.45 acres and is bounded by Key West International
Airport on the east, residential neighborhoods to the north and northwest, and wetlands to the
west and south.
3.0 Past Use and Proposed Reuse
Subject Property was acquired by the United States Army during the early 1940s. It was used for
shore defense during World War II. The land was transferred to the Navy in 1950. The Navy
developed the parcel into a mobile home community. The trailer project was deactivated in 1956.
All trailers were removed from the site along with any support buildings. Monroe County Civil
Defense used the property under license from the Navy for a civil defense administrative
command post from 1985 until 1992. The approved reuse for the Subject Property is as stated in
Section 1.0 of this FOST.
4.0 Environmental Condition
All available information concerning the past storage, release, or disposal of any hazardous
substances and/or petroleum products on the Subject Property as collected through record
searches, available aerial photographs, personnel interviews, and on -site visual inspections
conducted is contained in the attached EBS. A hurricane swept over Key West on 25 September
1998; however, the overall environmental condition of the property remains unchanged. The
Page 1 of 5
Packet Pg. 426
�� V l
FINDING OF SUITABILITY TO TRANSFER
EAST MARTELLO BATTERY
KEY WEST, FLORIDA
following paragraphs s ummariz e the EBS findings and corresponding DoD condition of property
classifications assigned to the Subject Property.
A. Hazardous Substances Contamination
Based on past use of the facility as a shore defense facility and mobile home community, it
is expected that small amounts of hazardous substances were stored on the Subject
Property for one year or more, although no records were found to indicate the type or
amount of substance which may have been present. The Navy conducted a Site Inspection
(SI) of the Subject Property in 1998. The surface soil and groundwater were sampled for
volatile organic compounds (VOCs), semivolatile organic compounds (SVOCs),
inorganics, petroleum, and metals. No VOCs, SVOCs, inorganics, petroleum, or metals
were detected in the surface soils above Florida Department of Environmental Protection
(FDEP) action levels. Three groundwater monitoring wells were installed during the SI.
No VOCs, SVOCs, or inorganics were detected in excess of their screening values in the
groundwater. Iron, lead, and zinc were the only chemicals detected in the well samples.
Based upon the information contained in the attached EBS, Subject Property has been
classified in accordance with DoD environmental condition of property guidance as
Category 3/Light Green (areas where a release of hazardous substances or petroleum
products or their derivatives has occurred, but at concentrations that do not require
removal or remedial action.)
B. Petroleum Contamination
No underground or aboveground storage tanks are known to have been associated with
the Subject Property. No other potential petroleum contaminated areas are suspected
C. Other Environmental Aspects
1. Asbestos - Containing Material (ACM)
Non - friable ACM is present in the vinyl floor tile, tile mastic, and a vent pipe flashing
material in the bunker.
2. Lead -Based Paint (LBP)
Due to the age of the structure, painted surfaces in or on the bunker are presumed to
be LBP. This structure is not considered target housing as defined by 24 CFR 35 or
40 CFR 745. A Lead -Based Paint Hazard Notice is provided as Attachment 1 to
this FOST.
Page 2 of 5
FINDING OF SUITABILITY TO TRANSFER
EAST MARTELLO BATTERY
KEY WEST, FLORIDA
3. Polychlorinated Biphenyls (PCBs)
Electricity is provided by the City of Key West. No electrical tr ansformers located
- - - — - --
on and around the Subject Property are known to contain PCBs.
4. Radon
Radon sampling was not performed on the Subject Property. Radon is not expected
to be a concern based on results of other sampling conducted in Key West.
5.0 Requirements Applicable to Transfer
A. National Environmental Policy Act (NEPA)
An Draft Environmental Assessment (EA) for the Subject Property, has been prepared in
accordance with National Environmental Policy Act requirements. The EA addresses
environmental impacts associated with the transfer and subsequent reuse of the Subject
Property. A Finding of No Significant Impact (FONSI) was signed in February 2000.
B. Hazardous Substance Notice
In accordance with Section 120(h)(3)(A) of the Comprehensive Environmental Response,
Compensation, and Liability Act ( CERCLA), the deed transferring the Subject Property
will provide notification, based upon a complete search of agency files, if hazardous
substances were stored for one year or more, released, or disposed of on the Subject
Property. No records were found to indicate what substances may have been stored or
used on the Subject Property. No records were found to indicate any release or disposal
of hazardous substances on the Subject Property. It should be noted that the Subject
Property lies directly at the end of a runway of Key West International Airport and is in
the flight path of both aircraft takeoffs and landings. Many of the low levels of substances
found during the Site Investigation (SI) are polynuclear aromatic hydrocarbons (PAHs),
which are a result of jet and diesel turbo engine emissions. Additionally the sampling
results from the SI would indicate none of the hazardous substances were found in excess
of the reportable thresholds of 40 CFR 373.
C. CERCLA Covenants
In accordance with CERCLA Section 120(h)(3)(A)(ii)(I), the deed transferring the subject
property shall contain a covenant warranting that all remedial action necessary to protect
human health and the environment with respect to any hazardous substance remaining on
the property has been taken before the date of transfer.
Page 3 of 5
FINDING OF SUITABILITY TO TRANSFER
EAST MARTELLO BATTERY
KEY WEST, FLORIDA
In accordance with CERCLA Section 120(h)(3)(A)(ii)(II), the deed transferring the
subject property shall contain a covenant warranting that any additional remedial action
found to be necessary after the date of transfer shall be conducted by the United States.
D. CERCLA Access Clause
In accordance with CERCLA 120(h)(3)(A)(iii), the deed transferring the subject property
shall contain a clause granting the United States access to the property in any case in
which a response action or corrective action is found to be necessary after such date at
such property, or access is necessary to carry out a response action or corrective action on
adjoining property.
The right to enter to be set forth shall include the right to conducts tests, investigations,
five -year reviews, surveys, and, where necessary, drilling, test pitting, boring, and other
similar activities. Such right shall also include the right to construct, operate, maintain, or
undertake any other response action or corrective action as required or necessary,
including but not limited to, monitoring wells, pumping wells, and treatment facilities.
These access rights are in addition to those granted to federal, state, and local authorities
under applicable environmental regulations.
E. Land and /or Groundwater Restrictions
There are no land or groundwater restrictions associated with the approved reuses of the
Subject Property for wetlands conservation, passive recreation, airport security, and
runway protection. The NPLRA has proposed zoning the area for public /private services,
and two conservation districts and has received conveyance approval from both DOI and
DOT based on the proposed reuse of the property.
F. Indemnification
The federal government shall hold harmless, defend, and indemnify the NPLRA and any
future successor, assignee, transferee, lender, or lessee of the Subject Property from any
suit, demand, cost, or liability arising out of any claim for personal injury or property
damage than may result from, or be predicated upon, the release or threatened release of
any hazardous substance, petroleum product, petroleum derivative, pollutant, or
contaminant result from Department of Defense activities on the property subject to the
conditions specified in, and to the extent authorized by, Section 330 of Public Law 102-
484 as amended by Section 1002 of Public Law 103 -160.
Page 4 of 5
FINDING OF SUITABILITY TO TRANSFER
EAST MARTELLO BATTERY
KEY WEST, FLORIDA
G. Environmental Compliance Agreement/Permits /Orders
- There are no environmental compliance agreement/ permits /orders associated with the
Subject Property.
H. Notification to Regulatory Agencies/Public
In accordance with DoD guidance, the U.S. EPA, and FDEP have been advised of the
proposed transfer of the Subject Property and draft copies of the EBS and FOST have
been provided to those agencies for review. The EBS and FOST were also made available
for public review from 17 April through 1 May 2000. All regulatory agency and public
comments received have been considered and incorporated as deemed appropriate. Any
unresolved comments and the Navy's responses thereto are included as Attachment 2 to
the FOST. Copies of all transfer documentation provided to the NPLRA will be made
available to the U.S. EPA and FDEP representatives upon request after execution of the
same.
6.0 Suitability Determination
NOW, THEREFORE, based upon review of the information contained in the attached EBS as
well as the NPLRA's Reuse Plan, I have determined that the Subject Parcel is presently suitable
for transfer to the NPLRA for the intended purpose.
6 2" D b
(Date
J
Naval Facilities Engineering Command
Charleston, SC
Page 5 of 5
Acting Commander
Southern Division
LEAD -BASED PAINT HAZARD
DISCLOSURE AND ACKNOWLEDGEMENT FORM
(NON - RESIDENTIAL STRUCTURES)
LEAD WARNING STATEMENT
YOU ARE ADVISED THAT BUILDINGS CONSTRUCTED PRIOR TO
1978 MAY PRESENT EXPOSURE TO LEAD FROM LEAD -BASED
PAINT THAT MAY PLACE YOUNG CHILDREN AT RISK OF
DEVELOPING LEAD POISONING. LEAD POISONING IN YOUNG
CHILDREN MAY PRODUCE PERMANENT NEUROLOGICAL
DAMAGE. YOU ARE FURTHER ADVISED THAT LEAD POISONING
ALSO POSES A PARTICULAR RISK TO PREGNANT WOMEN.
WORKERS MAY ALSO SUFFER ADVERSE HEALTH EFFECTS
FROM LEAD DUST AND FUME EXPOSURE
ACKNOWLEDGEMENT
I acknowledge that:
(1) 1 have read and understand the above stated Lead Warning Statement;
(2) 1 have received from the Government the following document(s): The
Environmental Baseline Survey for Transfer and the Finding of Suitability for
Transfer - East Martello Battery. representing the best information available to the
Government as to the presence of Lead -Based Paint and Lead -Based Paint hazards
in the buildings covered by this Transfer.
(3) 1 understand that my failure to inspect, or to become fully informed as to the
condition of all or any portion of the property offered will not constitute grounds for
any claim or demand for adjustment or withdrawal of any bid or offer made after its
opening or tender;
(4) 1 understand that upon execution of this transfer, I shall assume full responsibility
for preventing future lead exposure by properly managing and maintaining or, as
required by applicable federal, state, or local laws or regulations, for abating any
lead -based paint hazard which may pose a risk to human health.
Transferee ( r du y authorized agent)
/0'/fs "DU
Date
r�
(`I
f,
STANDARD ARCHITECTUAL AND ARCHEOLOGICAL PRESERVATION COVENANT
for TRANSFERRED PROPERTY
XXX. Grantee hereby covenants on behalf of itself, its successors and assigns, to the Florida
State Historic Preservation Officer (SHPO) to preserve and maintain East Martello Battery
Bunker, located in the County of Monroe, State of Florida, in a manner that preserves and
maintains the attributes that contribute to the eligibility of the East Martello Battery Bunker, of
which said real property is eligible for listing in the National Register of Historic Places. Such
attributes include exterior features (including facades and fenestration, scale, color, materials, and
mass), interior features determined significant by the Florida SHPO, and views from, to, and
across the Property.
Property being more particularly described as a parcel of land located in Monroe County, Key
West, Florida, and being more particularly described as follows:
EAST MARTELLO BATTERY SITE
A parcel of land located in Section 4, Township 68 South, Range 25 East, on the Island of Key
West, Monroe County, Florida and being more particularly described as follows: COMMENCE
at the Northwest corner of the United States Government East Martello Tower Military
Reservation as shown on a map recorded in Plat Book 1 at Page 31 of the Public Records of
Monroe County, Florida and said point also being the Southwest corner of Lot 11, Block 2,
"RESUBDIVISION OF BLOCK 2, KEY ESTATES ", according to the Plat thereof, as recorded
in Plat Book 3, at page 101 of the Public Records of Monroe County, Florida; THENCE N
77 °35'02" E along the Southerly Line of said "RESUBDIVISION OF BLOCK 2, KEY
ESTATES ", for 682.99 feet to the POINT OF BEGINNING;
THENCE S 12 0 28'00" E, and leaving the said Southerly Line of Key Estates a distance of
432.00 feet;
THENCE N 77 0 32'00" E, a distance of 530.00 feet;
THENCE S 12 0 28'00" E, a distance of 668.00 feet;
THENCE N 79 °51'00" E, a distance of 1352.60 feet;
THENCE N 01 0 45'00" W, a distance of 631.97 feet to the Southerly Line of a 50 foot wide
easement;
THENCE meander the said Southerly Line of the easement for the following twelve (12) metes
and bounds;
THENCE S 89 W, a distance of 335.85 feet;
THENCE N 88 0 58'38" W, a distance of 204.30 feet to the point of curvature of a curve to the
left, having: a radius of 475.00 feet, a central angle of 17 0 32'43 ", a chord bearing of S 82 0 15'00"
W and a chord length of 144.89 feet;
THENCE along the arc of said curve, an arc length of 145.46 feet to the point of tangency of said
curve;
THENCE S 73 0 28'38" W, a distance of 124.00 feet to the point of curvature of a curve to the
right, having: a radius of 225.00 feet, a central angle of 10 °37'07 ", a chord bearing of
S 78 W and a chord length of 41.64 feet;
THENCE along the arc of said curve, an arc length of 41.70 feet to the point of tangency of said
curve;
THENCE S 84 0 05'45" W, a distance of 122.92 feet;
THENCE S 81 W, a distance of 236.06 feet to a point on a curve to the right, having: a
radius of 1025.00 feet, a central angle of 17 °26'59 ", a chord bearing of
N 89 °22'51" W and a chord length of 310.96 feet;
THENCE along the arc of said curve, an arc length of 312.17 feet to the point of tangency of said
curve;
THENCE N 80 °39'21" W, a distance of 56.37 feet to the point of curvature of a curve to the
right, having: a radius of 425.00 feet, a central angle of 20 0 39'05 ", a chord bearing of
N 70 °19'49" W and a chord length of 152.36 feet;
THENCE along the arc of said curve, an arc length of 153.18 feet to the point of tangency of said
curve;
THENCE N 60 W, a distance of 288.91 feet;
THENCE N 23 0 06'58" W, a distance of 13.06 feet;
THENCE S 77 0 35'02" W, and along a portion of the Southerly Line of said plat of Key Estates a
distance of 104.80 feet to the POINT OF BEGINNING.
Parcel contains 1,153,719 square feet or 26.49 acres, more or less.
1. The East Martello Battery Bunker will be preserved and maintained in
accordance with the Secretary of Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings (National Park Service). No construction, alteration,
rehabilitation, remodeling, demolition, disturbance of the ground surface, or other actions shall be
undertaken or permitted to be undertaken that would materially affect the integrity or appearance
of the attributes described above without the prior written permission of the Florida State Historic
Preservation Officer (SHPO), and signed by a fully authorized representative thereof.
2. Upon acquisition of the Property, the Grantee will take prompt action to secure
the property from the elements, vandalism, and arson, and will undertake any stabilization that
may be required to prevent deterioration. Grantee will make every effort to retain or reuse, to the
extent practicable, the historic structure.
3. In the event that archeological materials are encountered during construction or
ground disturbing activities, work shall cease in the immediate area until the SHPO is consulted
and provides written permission to recommence work. Should the SHPO require, as a condition
of the granting of such permission, that the Grantee conduct archeological survey data recovery
operations or other activities designed to mitigate the potential adverse effect of the proposed
activity on the archeological resources the Grantee shall at his/her /its own expense conduct such
activities in accordance with the Secretary of the Interior's Standards and Guidelines for
Archeological Documentation (48 FR 447344 -37) and such standards and guidelines as the SHPO
may specify, including, but not limited to, standards and guidelines for research design, field
work, analysis, preparation and dissemination of reports, disposition of artifacts and other
materials, consultation with Native American or other organization, and re- interment of human
remains.
4. The Grantee will allow the Florida SHPO or his/her designee, at all reasonable
times and upon reasonable advance notice the Grantee, to inspect East Martello Battery Bunker in
order to ascertain whether the Grantee is complying with the conditions of this preservation
covenant.
5. The Grantee will provide the Florida SHPO with a written summary of actions to
be taken to implement the provisions of this preservation covenant with one (1) year after the
effective date of the transfer of East Martello Battery Bunker. Similar reports will be submitted
to the Florida SHPO, with a copy to the Navy.
6. Failure of the Florida SHPO to exercise any right or remedy granted under this
covenant shall not have the effect of waiving or limiting the exercise by the Florida SHPO or any
other right or remedy or the invocation of such right or remedy at any other time.
7. In the event of a violation of this covenant, and in addition to any remedy now or
hereafter provided by law, the Florida SHPO may, following reasonable notice to Grantee,
institute suit to enjoin said violation or to require the restoration of East Martello Battery Bunker.
The successful party shall be entitled to recover all costs or expenses incurred in connection with
such a suit, including all court costs and attorney's fees.
This covenant is binding on Grantee, its successors, and assigns, in perpetuity. The
restrictions, stipulations and covenants contained herein shall be inserted by Grantee, its
successors and assigns, verbatim or by express reference in any deed or other legal instrument by
which it divests itself of either the fee simple title or any lesser estate in East Martello Battery
Bunker, or any part thereof.
LEASE
THIS INDENTURE, made and entered into, in duplicate, this S day of A.D.
1998, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of
Florida, hereinafter called the Lessor or Airport Owner, which terms shall include its legal representatives,
successors and assigns wherever the context so requires or admits, of the first part, and KEY WEST ART AND
HISTORICAL SOCIETY, 3501 S. Roosevelt Boulevard, Key West, Florida, a non - profit corporation organized
and existing under the laws of the State of Florida, hereinafter called the Lessee or Tenants, which terms
shall include its legal representatives, successors and assigns wherever the context so requires or admits, of
the second part,
WITNESSETH, that the Lessor by these presents leases unto said Lessee the foil in�'cle*obec
tci ��" C
premises, situate, lying and being in the City of Key West, County of Monroe, and Stat rid9, nor%
C (-.) .
particularly described in Exhibits A and A 1, which are attached and incorporated into thisg ss �:o
, 3
TO HAVE AND TO HOLD the premises as aforesaid unto the said Lessee from the ay ApK
r V O
A.D. 1998, for a term of twenty (20) years then next ensuing, said lease being under the follow g tZ"s ca
conditions:
The Lessee yielding and paying unto the said Lessor the total rental of Twenty Dollars
($20.00) for the term of twenty (20) years, said sum to be payable as follows:
a. $1.00 payable upon the execution and delivery of this Lease, which sum is to
cover the yearly rental for the first year of this Lease, and $1.00 on the 8th day of
April, A.D. 1999, and $1.00 on the 8th day of April each and every year during the
remainder of the term of this lease.
2. It s further understood and agreed by and between the Lessor and the Lessee that the
Lessee will:
a. Use said premises as an historical museum and art gallery.
b. Pay the rent herein reserved at the time and in the manner as stated herein.
C. Make no improper, unlawful or offensive use of said premises.
d. Will pay any and all charges for ordinary maintenance and care of the premises,
but the County shall from time to time pay for and make any major repairs that it
may deem advisable to the premises.
e. Permit the Lessor or its agent to enter upon the leased premises at all reasonable
times for the purpose of viewing and inspecting the condition thereof.
During the term of this lease take out the necessary liability insurance described in
Exhibit B which is attached and incorporated into this lease agreement to save
and keep the Lessor harmless against any and all liability resulting from injuries to
person or property on or about the leased premises by reason of its occupancy or
use thereof.
g. At the expiration of the term of this lease, without demand, quietly and peaceably
deliver up full possession of said premises in as good condition as they now are,
damage or destruction by fire and the elements only excepted.
3. The Lessor hereby covenants with the Lessee upon the performance by the Lessee of the
covenants and agreements hereinbefore'set forth that the Lessor will permit the Lessee to quietly hold and
enjoy the demised premises without any interruptions by the Lessor or by any person or persons claiming by,
through or under it.
4. It is mutually understood, covenanted and agreed by and between the parties hereto as
follows:
a. That default on the part of the Lessee for a period of thirty (30) days in making any
of the payments of rent herein reserved from the date the same shall severally
become due and payable shall immediately and thereupon terminate any and
all of he rights of the Lessee under this lease.
5. It is further mutually understood, covenanted and agreed by and between the parties
hereto that, in the event the Lessee ceases to operate an historical museum and art gallery, then and in
that event this lease shall become null and void and of no force and effect.
6. It is mutually understood and agreed by the Lessor and Lessee that if during the term
hereof, the demised premises or any part thereof shall be required by Lessor for any lawful purpose,
particularly including she use thereof for County purposes, or airport purposes, then, and in that event, the
Lessor may, upon thirty (30) days, written notice to Lessee, terminate this Agreement and said property shall
be delivered upon to the Lessor in the same condition as it now is.
8. The Tenant for himself, his personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of
race, color, or national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over or under such land and the furnishing of services thereon, no person on the grounds
of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination, (3) that the Tenant shall use the premises in compliance with all other
2
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally- assisted programs
of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, Airport Owner shall
have the right to terminate the lease and to re- -enter and as if said lease had never been made or issued.
The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, part 21 are
followed and completed including exercise of expiration of appeal rights.
9. It shall be a condition of this lease, that the Lessor reserves unto itself, its successors and
assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace
above the surface of the real property hereinafter described, together with the right to cause in said
airspace such noise as may be inherent in the operation of aircraft, now known or hereaft er used, for
navigation or of flight in the said airspace, and for use of said airspace for landing on, taking off from or
operating on the airport.
That the Tenant expressly agrees for itself, it successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the hereinafter described real property to
such a height so as to comply with Federal Aviation Regulations, part 77.
That the Lessee expressly agrees for itself, it successors and assigns, to prevent any use of the
hereinafter described real property which would interfere with or adversely affect the operation or
maintenance of the airport, or otherwise constitute an airport hazard.
10. This lease and all provisions hereof are subject and subordinate to the terms and
conditions of the instruments and documents under which the Airport Owner acquired the subject property
from the United States of America and shall be given only such effect as will not conflict or be inconsistent
with the terms and conditions contained in the lease of said lands from the Airport Owner, and any existing
or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have
been, or may hereafter be adopted by the airport Owner pertaining to the Key West International Airport,
including any ordinance, rule or regulation concerning mandatory insurance requirements for tenants at
the Key West International Airport.
3
IN WITNESS WHEREOF, the party of the first part has caused these presents to be signed in its name
by the Chairman of its Board of County Commissioners and its seal to be affixed, attested by the Clerk of
the Circuit Court of the Sixteenth Judicial Circuit of Florida, in and for Monroe County and ex officio Clerk
of the Board of County Commissioners of Monroe County, Florida, and the party of the second part has
caused these presents to be signed in its name by its President and attested to by its Secretary in duplicate,
all as of the q4 day of �, A.D. 1998.
1tF AL)
'71ST: Danny L. Kolhage, Clerk CO
By . By !
De uty CI
(SEAL)
ATTEST:
By
Sec/ ary -/
art&hist.doc
OF MO ROE, ST F FLORIDA
/Chairman of the Board of
County Commissioners of Monroe
County, Florida
KEY W � AND HISTO C O IETY
gy t-, -/
President
APPROVED AS TO FORM
AN
ROBER
B T N. V� O
DATE
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EXHIBIT A - 1
Covimencini,, at the intersection of the l "nsterly
property line of Meacham Field and the Northerly
R /1.1 line of SC.Uth Rooscvalt l;oc.tlevard, *. both as
existittl; January 5, 1956; thence S 08 W
along; said Northerly R /11 line, 596.11 feet to
the POINT OF BEGINNING; thence N 24 10" ld
129.22 feet; thence N 58 14, 156.15 feet;
thence S 58 1.1, 225.90 feet; thence - S
04 1.1 142.92 feet, to the Northerly R/W
1itte of South Roosevelt Boulevard; thence in an
Easterly direction alone; said Northerly R /1.1 line
394.6 feet, more or less,.to the Point of Begin -
nin
A parcel -of Land being a part of East Martello
Towers recorded in Plat Boole 1 at Pagc 31 of
the Public Records of Monroe County;. Florida,
and 'said Marcel lying; Easterly and adjacent
to the parcel of 'land leased to the Key West
Art and Historical Society, and being more
particularly described as follows:
Conunenc:c! at: a paint being the most. Southeasterly
I,c� i tt l c� f :.:1 i c) p;t 1 c: �� I. o t: 1;1114 Lc► Lhe Key
West Art and Ilis torical : Society. 'thence
Iq 69 East along the Northwes right
of way of Roosevelt Boulevard for a distance of
170 Ccr.t to a point. Thence N 03 0 59 '32" West.
for n di-;Lance of 1.66 feet co a point. Thence
S .8000''28" West for a distance of 325 feet more
or less: to 'a point. 'rlience S 58 East for
.c c1i. stance of 1.56.15 feet: to it point. Thence
S '21c East* for a distance. of 129.22 feet
back to the point of beginning.
EXHIBIT `B'
INSURANCE
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Organizations/Individuals
Leasing County -Owned
Property
Prior to the Organization or Individual taking possession of the property owned by the County,
or commencing its concessionaire operations, the Organization/Individual shall obtain, at his/her
own expense, insurance as specified in the attached schedules, which are made part of this
lease /rental agreement.
The Organization/Individual will not be permitted to occupy or use the property until satisfactory
evidence of the required insurance has been furnished to the County as specified below.
The Organization/Individual shall maintain the required insurance throughout the entire term of
this lease /rental agreement and any extensions specified in the attached schedules. Failure to
comply with this provision may result in the immediate termination of the lease /rental agreement
and the return of all property owned by the County.
The Organization/Individual shall provide, to the County, as satisfactory evidence of the required
insurance, either:
Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non - renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Organization/Individual's insurance shall not be construed
as relieving the Organization/Individual from any liability or obligation assumed under this
contract or imposed by law.
The Monroe County Board of County Commissioners, will be included as "Additional Insured"
on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Administration Instruction
#4709.2 28
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASE/RENTAL OF PROPERTY
OWNED BY THE COUNTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession of the property governed by this
lease /rental agreement, the Organization/Individual shall obtain General Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
• Fire Legal Liability (with limits equal to the fair market value of the leased property.)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the termination of the Lease/Rental Agreement.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Administration Instruction
#4709.2 30
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC1
Administration Instruction
#4709.2
88
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for Organizations/Individuals
Leasing County -Owned Property
The Organization/Individual covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of the Organization/Individual utilizing the property governed by
this lease /rental agreement.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
PROP
Administration Instruction
X14709.2 101