12/10/1998 Deed .b coUNr C►�?
, u:
BrA'
, COUNTY
;Dannp iotIjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL (305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
To: James Robert, County Administrator
From: Isabel C. DeSantis, Deputy Clerk \9 (7. /D:
Date: December 10, 1998
Enclosed for your records is a certified copy of the Quit Claim
Deed for the (Commissary/Gato Building) between the United States
of America, acting by and through the Department of the Navy, and
Monroe County, duly recorded in the Official Records of Monroe
County.
Should you have any questions concerning this matter, please feel
free to contact this office.
Enclosure
cc: County Attorney
File - (Original Deed)
v
MON* COUNTY
OFFICIAL RECORDS
STATE OF FLORIDA ) FILE # 1 0 9 2 3 90
BK# 1544 PG#1607
COUNTY OF MONROE )
RCD Nov 09 1998 02 : 46PM
DANNY L KOLHAGE, CLERK
OUITCLAIM DEED
This indenture, made this 36c day of l /0106 En , 1998,
between the United States of America, acting by and through the Department of the
Navy, (hereinafter called"GRANTOR"), and Monroe County, Florida, (hereinafter
called"GRANTEE").
WHEREAS, GRANTOR is the owner of certain real property, improvements and
other rights appurtenant thereto at Naval Air Station, Key West, Florida known as the
Navy Commissary—Building G-1,and which was ordered to be realigned pursuant to
Defense Base Closure and Realignment Act of 1990, as amended (Public Law No. 101-
510).
WHEREAS, GRANTEE applied for obtaining the Commissary property located
on Simonton Street for historic monument purposes; and
---- -- --- WHEREAS,the City of Key West Local Redevelopment Authority supports this
reuse proposal and has included this conveyance in its Base Reuse Plan; and
WHEREAS the Department of Interior and the Secretary of the Navy have
approved the conveyance of this surplus property pursuant to the power and authority
provided by Section 203(k)(3) of the Federal Property and Administrative Services Act of
1949, as amended,Public Law 81-152, 63 St. 377,40 U.S.C. 484(k)(3);
WITNESSETH;
The GRANTOR, for and in consideration of the sum of Ten Dollars($10.00)plus
other good and valuable consideration, to it in hand paid by the GRANTEE, the receipt
whereof is hereby acknowledged, releases and quitclaims to the GRANTEE, its heirs and
assigns forever, all interest in a parcel of land comprising approximately 1.82 acres,more
---- or less,which includes the former commissary building,two (2)mechanical buildings,
associated utility pad and associated parking, (hereinafter"Property") described in
Exhibits"A"and"B"attached hereto and made a part hereof.
TO HAVE AND TO HOLD the above described Property, together with all and
singular the rights and appurtenances thereto and any wise belonging, unto said
GRANTEE, its successors, and assigns forever.
n
FILE #1 w 2390
BKk 1 5 a
PGN1608
TOGETHER WITH ALL AND SINGULAR the rights,members,hereditaments
and appurtenances to the said Property belonging or in any wise incident to; including
fixtures, structures,mineral rights, air rights,the banks,beds and waters of any streams or
lakes opposite or fronting upon said Property,and in any-alleys, roads, streets, ways,
strips, gores or railroad rights of way abutting or adjoining said Property, and in any
means of ingress and egress appurtenant thereto, subject to all easements covenants and
restrictions of record and set forth within this deed.
Except as otherwise provided herein, it is understood that the property is
conveyed"As Is" and"Where Is"without representation, warranty,or guaranty as to
quantity, quality,character, condition, size or kind, or that the same is in condition or fit
to be used for the purpose intended, and no claim for any adjustments upon such grounds
will be considered after this transfer.
GRANTEE covenants for itself, its successors,and assigns and every successor in
interest to the Property hereby conveyed subject to the conditions,restrictions, and
limitations hereinafter set forth which are covenants running with the land; that the
GRANTEE, its successors and assigns, covenants and agrees,that, in the event that the
property is sold or otherwise disposed of,these covenants and restrictions shall be
inserted in the instruments of conveyance.
GRANTEE covenants and agrees for itself,its successors and assigns and every
successor in interest to the property hereby conveyed as follows:
GRANTEE shall forever use the property in accordance with its application for
public conveyance dated December 29, 1997, and the approved program attached thereto
entitled"Program of Preservation and Utilization"which calls for use as administrative
and community service offices/historic monument.
The Property is listed on the National Register of Historic Places and is subject to
the Memorandum of Agreement among Department of the Navy, County of Monroe,
Florida,the Florida State Historic Preservation Officer,and the Advisory Council on
Historic Preservation dated January 22, 1998 (MOA) and The Standard Architectual
Preservation Covenant for Transferred Property, Attachment"B"to the MOA. The
Preservation Covenant is included as Exhibit"C"to this deed.
Other than as provided for in the approved"Program and Preservation and Utilization,"
the property shall not be sold, leased, assigned,or otherwise disposed of, except to
another local governmental agency that the Secretary of the Interior is satisfied can assure
the continued use and maintenance of the property for historic monument purposes.
However, nothing in this provision shall preclude the GRANTEE from providing
facilities and services to the visiting public compatible with the approved program
through concession agreements entered into with third parties,provided the concurrence
of the Secretary of the Interior,or his designee, is obtained prior to such agreements.
2
rr
160 FILE # 10 evir 390
BK# 1544 PG# 1609
It is not anticipated that the property will be income producing, but should it become
income producing then biennial reports setting forth the use made of the property during
the preceding two year period shall be filed by the GRANTEE with the Secretary of the
Interior. If the Secretary of the Interior has authorized revenue-producing activities, the
GRANTEE shall file with the Secretary of the Interior every two years the following
reports:
(1) Financial report. The financial report shall include the following:
(a) Statement of income from all sources during the reporting period.
(b) Statement of expenses classified according to the following heads:
(i) Repair, rehabilitation,and restoration;
(ii) Recurring maintenance requirements; and
(Hi) Administration and operation.
(c) Statement of disposition of excess income.
The financial report will cover two accounting years, whether fiscal or calendar,
as mutually agreed by the GRANTEE and the Secretary of the Interior, and will be
submitted within 90 days after the close of the accounting year.
(2) Audit Report. The audit will consist of a report by the State Auditor's Office
summarizing the results of the biennial audit in sufficient detail to disclose the financial
position of the GRANTEE and the validity of the accounting procedures.
The Secretary of the Interior shall have the right,at his discretion, to audit such financial
records, to examine such other records,and to inspect such portions of the granted
property as may in his judgement be necessary to safeguard the interests of the United
States of America.
The GRANTOR shall have the right,during any national emergency, to full
unrestricted use of the property without charge;provided,the GRANTOR shall bear the
entire cost of maintenance of all property so used. It shall pay fair rental for use of
improvements added by the GRANTEE without Federal aid.
GRANTEE covenants that the Property so conveyed shall be used and maintained
for the purpose of administrative and community services offices/historic monument, in
perpetuity,and that in the event the Property ceases to be used or maintained for such
purpose during such period, or in the event of a breach of any of the terms,conditions,
covenants or restrictions herein set forth, whether caused by the legal or other inability of
GRANTEE, its successors and assigns, to perform any of the terms and conditions of this
Deed, GRANTOR will, at its option, have an immediate right of reentry to all or any
portion of the Property, and to cause all right,title, and interest in and to the Property to
revert to the UNITED STATES OF AMERICA; and GRANTEE, its successors and
3
v FILE # 3_ 04..412390
BK# 154 4.. PG# 1610
assigns, shall forfeit all right, title, and interest in and to the Property and in and to any
and all of the tenements, hereditaments,and appurtenances thereto.
GRANTEE, by the acceptance of this Deed, covenants that upon receipt of a
notice of reverter and, on demand of the United States of America to quit possession of
all or any portion of the Property, it will immediately quit possession and execute a deed
reconveying such property to the UNITED STATES OF AMERICA, conveying all right,
title and interest conveyed to it by GRANTOR.
GRANTEE, by the acceptance of this DEED, covenants and agrees for itself and
its successors and assigns that in the event GRANTOR exercises its option to revert all
right,title, and interest in and to all or any portion of the Property to GRANTOR, or
GRANTEE voluntarily returns title to all or any portion of the property in lieu of a
reverter,then GRANTEE shall provide protection to and maintenance of such property at
all time until such time as the title is actually reverted or returned to and accepted by
GRANTOR,including the period of any notice of intent to revert. Such protection and
maintenance shall, at a minimum,conform to the standards prescribed in Section 101-
47.4913 of the Federal Property Management Regulations.
The acceptance of the delivery of this Deed shall constitute conclusive evidence
of the agreement of the GRANTEE to be bound by the conditions,restrictions and
limitations,and to perform the obligations herein set forth.
GRANTOR reserves the right to enter and inspect the Property for purposes of
confirming compliance with the conditions, restrictions and limitations contained herein.
A Finding of Suitability to Transfer(FOST)is attached as Exhibit"D"to the
Deed; an Environmental Baseline Survey(EBS)report is referenced in the FOST and sets
forth the existing environmental conditions of the Property. 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.
NOTICE OF HAZARDOUS SUBSTANCE ACTIVITY
The information contained in this notice is required under the authority of
regulations promulgated under Section 120(h) of the Comprehensive Environmental
Response, Liability and Compensation Act(CERCLA or "Superfund) 42 US.C. Section
9620 (h).
This 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"E'"`to this deed.
4
4110 FILE #10 9443 90
BK# 1544 G# 1611
Unprotected or unregulated exposures to asbestos in product manufacturing,
shipyard building, and construction workplaces have been associated with asbestos-
related diseases. Both Occupational Safety and Health Administration(OSHA)and the
Environmental Protection Agency(EPA)regulate asbestos because of the potential
hazards associated with exposure to airborne asbestos fibers. Both OSHA and EPA have
determined that such exposure increases the risk of asbestos-related diseases,which
include certain cancers and which can result in disability or death.
The GRANTEE hereby acknowledges that friable and non-friable asbestos or
asbestos-containing materials("ACM")have been found on the Property, as described in
the Asbestos-containing material survey on the property performed in April 1998 and
included as part of the EBST. All interior ACM areas are marked with asbestos warning
signs and are locked to prevent unauthorized or uncontrolled entry. Entry into these areas
is prohibited unless personnel are wearing and using proper personal protection in
accordance with OSHA requirements. The Commissary will be prohibited from any
occupation until all friable,damaged and accessible ACM is abated by GRANTEE in
accordance with federal, state,and local regulation.
Commercial products including detergents,cleansers, drain openers, oils,
pesticides, and waxes were purchased in bulk and offered for sale at the Commissary to
Navy active duty personnel,dependents and DOD-retired personnel, dependents and
DOD-retired personnel. These products were used for personal, family, or household
purposes, and were present in the same form and concentration as a product packaged for
distribution and use by the general public.
GRANTOR covenants that all remedial action necessary to protect human health
and the environment with respect to any known hazardous substance remaining on the
Property has been taken before the date of transfer.
GRANTOR covenants that any additional remedial action found to be necessary
after such date of transfer shall be performed by the United States of America.
GRANTEE covenants that the GRANTOR, its officers,agent,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. Any inspection,survey, investigation, or other response or remedial action
will to the extent practicable,be coordinated with representatives designated by
GRANTEE.
The GRANTOR recognizes its obligations under section 330 of the National
Defense Authorization Act of 1993, as amended(Pub. L.No. 102-484).
5
FILE # 11192390
BKlt1544 PGi1612
GRANTEE covenants for itself, successors, and assigns and every successor in
interest to the Property, or any part thereof, that GRANTEE and such successors, and
- - assigns shall not discriminate upon the basis ofrace, color, religion, disability, or national -- -
origin in the use,occupancy, sale, or lease of the Property, or in their employment
practices conducted thereon. This covenant shall not apply however,to the lease or rental
of a room or rooms within a family dwelling unit, nor shall it apply with respect to
Property used primarily for religious purposes. The United States of America shall be
deemed a beneficiary of this covenant without regard to whether it remains the owner of
any land or interest therein in the locality of the Property hereby conveyed and shall have
the sole right to enforce this covenant in any court of competent jurisdiction.
EFFECTIVE the SO iL day of tYc//c?l998.
UNITED STATES OF AMERICA
Acting by and through the Department of the Navy
WITNESS: By:
��A����Real Estate Contracting Offic
nes
9-0 nett QA
Conncurre e
COMMA D OFFICER
Naval Air S ion
Key West, Florida
6
.
v
iM 'I V
eEt 397 PAGE 423 • FILED FOR RECORD
153348 WARRANTY DEED 1967 SEP 14 PM 7: 09
ZARL a.:J'MIS.Ct1.CT.G 1
MIS DEED, Made the 1Lth day of SeDieiiberl'i.FLLaID:A. U.
196T, by MARIA TEECSA RIX.g:RO, a widow, of the County of Monroe, State of .
Florida, hereinafter called the grantor, to the UNITED STATES OF AMERI`CA, __
hereinafter called the grantee. '5 /rp,(%
WITT6SSE91, That the paid grantor, in consideration of SEVEN I
ro I'd
71 H
MOURNED Alm KO/l00 (y17,000.00) DOLLARS, the receipt vheroof is hereby as r"
vocu.n. acknowledged, does give, grant, bargain, sell, alien, remise, release, , *
PIS - enfcoff, convey and confirm unto the said grantee end it's successors and A
assigns in fee simple, the lands situate in Monroe County, State of Florida, A to
+1\ •' •-•�r', • described as follow..: c0 M
kb itw
T'..... PARCEL "A" I✓ W
"-s'•'"' , .1 All that certain tract or parcel of land in the City of 0
'', Key West, Monroe County, Florida and being a part of tract f`
-:CI -0t '.' eleven (11) according to M. A. WRITEaEAD's man of said island, (.1.). •,. but better described as a part of lot numbered one (1) of
Kw t;'' "''. b square five (5) of sold tract eleven (11), according to C. W.
1 } TIFT'e map or plan of the Island of Key vest delineated July
2 .Il.,,,;; Z •• 1874. The land hereby described is shown on PIA Dli; S-1505
2 and is more particularly described as follows:
Y "'.';
2I j-\ n Commencing at point which is the northwest corner of the
0. ' `„-I� ,'; right-of-vay of the intersection of Catherine and Simonton Street
•
a .. n, thence in a southwesterly direction along the line of Catherine
2 O,�ttIa �D1- '-in.; Street a distance of one hundred (100) feet to a point which is
w C1 the point of beginning; thence southwesterly along the line of
i_z (1,IR.; "". ' Catherine Street ninety-four (94) feet, two (2) inches to a
2 u Iy0;::C;I':j point; thence at right angles in a northuestcr+y direction
w 0 , ninety-four (94) feet, five (5) inches to a point on the
CC u'.1 sa i' .�! property line of the U. S. Government established by condemnation
e
0 t.Z -Ft..
1 a.'3 proceedings
Couy C Lor�the Southern District of Florlda,nstituted by the U. S. of ica in same being Case et
w¢�
If 3 g ;7) 18KW Civil filed on 13 July 1942; notice of Lis Pendens filed
U. __-A in Lis Deadens Book Dumber 3, Page 287, (District Court of the
> P. United States for the Southern District of Florida); thence
T�:��`i at right angles in a northeasterly ofety-four (94)
-, — , feet, two (2) Inches along the property line the U. S.
m Government to a point; thence at right angles in a south.
�D 'y� easterly direction ninety-four (94) feet, five (5) inches to a
�0 kCRUUWW. - point, maid point being the point of begleuhing and containing
V& --. ' 0.20 acres, more or less.
0.1:1
�45_ i ADD
?Alla HD"
Y,,, �; All that roe Con tracty, or parcel
and ofbe Land in the tot of
Key West, Monroe County, Florida and 'being a part of lot one
�dLOQ"l (1) in square five (5) of tract eleven (11) according to
C. W. TIFf's Mao or Plan of to Island of Key 'West of Stay
"N 1Ct! . The land hereby described is :hewn on taco D1.0 :-L" i
and is more particularly described as allows:
4140
Exhibit(A.i{
rr
V FILE # 1092390
BR# 1 S 4 4 PG/ 1 6 1 4
"` 397 PALE 424
REC
Commencing at a point which is the northwest corner of
the right-of-way of the intersection of Catherine and Simonton.
Streets thence in southwesterly direction along the line of
Catherine Street a distance of one hundred ninety-four (194)
feet, two (2) inches to a point which is the point of beginning:
thence southwesterly along the line of Catherine Street for:.'-
seven (4T) feet, one (1) inch to a point; thence at right
angles in a northwesterly direction ninety-four (94) feet, flue
(5) inches to a point on the property line of the U. S.
Government established by condemnation proceedings instituted
by the U. 5. of America in the District Court for the Sonthcrn
District of Florida, same being Case le KW Civil filed on
13 July 1942; Notice of Lin Pendens filed in Lis Pendent
Boole Number 3, Page 28T, (District Court of the United States
for the Southern District of Florida ); thence at right angles
in a northeasterly direction forty-seven (47) feet, one (1)
inch along the property line of the U. S. Government to a
point; thence at right angles in a southeasterly direction
ninety-four (94) feet, five (5) inches to a point, said point
being the point of beginning and containing 0.10 acre, more
or leas."
Q>� This land 1¢ being acquired at the request Together with oil riparian end littoral rights thereinto appertaining.
'UUU
u7 t of the Department of
the Ilavy.
aTO NAVE AND TO amp the some together with the hereditament° and
0 appurtenances, unto the said grantee, and its successors and ascigns in
Z
p, fee simple.
AND the said Grantor, for herself end her heirs and legal reprCscu-
Z
tatives, covenant with said grantee, it's legal representative and assigns:
3 That said grantor is indefeasibly seized of said land in fee simple: that
LL
Or
said grantor has 11c11 power and lawful right to convey said lends in foe
ao
simple, as aforesaid; that it shall be lawful for said grantee, it_(75
representatives and assigns at all tires peaceably and quietly to enter upon,
bold, occupy and enjoy said land: that said land is free from all enc'ca-
trances; that said grantor, her heirs and Legal representatives, will •!n:
such further assurances to perfect the fee simple title to said land in
said grantor, it's legal representatives and a.^.signs, y reasonably I ?
r^.n_uira; and that said grantor loos hereby L iLy warrant the titLe
te
l 'land, and van •Iccend We cane v,llnst :h^ tassel cl'hns Of "A'. - - .:.•, �..
✓nmroever. RECORDER'S MEMO:
LE0ISILPTY OF WRITING,TYPING,OR PRIMPING WAS
UNSATISFACTORY ON THIS DOCUMENT WHEN RECEIVED
4 V
rErc 397 PAGE 425
WITNESS the hand and seal of said grantor the day and year flit
above written.
Signed, Sealed and Delivered /J (-),)(/if iLle L'l2* )"IE%1�.c.)
in the Presence of: MARIA TERESA CUERO l`
c/2t ..v �e. [�_ CC;
7 r1 BKM1544 PG*3- 615
STATE OF FLORIDA )
COUNTY OF 410RROE )
I HEREBY CERTIFY, That this day in the next above nand State and
County before me an officer duly authorized and acting, personally appeared
I.1ARIA gEESA ROERO, a widow, to me well known and known to me to be the
individual described in and who executed the foregoing deed, and she
acknowledged then and there before me that she executed said deed.
Wrmess my hand and official seal as Key West, Florida
this lhth day of Seotember , A. D. 19G7.
1
1 ,31.1E ..' rt. Gti .
ry bile fogState of Fla. at Urge
'f 'x1��y(_.—ba lsalon expires:7/23M
pemremO vonmmimKPe mise
EA ` .uR. DAM
Iygg CF dp.LIT COURT
MMOROVVIFMC
3
UNITED STATE. - .t...EICA,
Petitioner,
-vs- FILE # 1. 092390
BK# 1544 PG# 1616
1.52 Acres of Lang, more or
less, in Ley West, Lance
"County, Florida, Cats Real i:^,,;L•;_:.:T TC P TITICr. FCE
Eotate 8 Improvement Compar;', w..D=lJ^:CU.
et al.,
Defendants.
. . . . . . . . . . . . .. . . . . . . . . :
Comes nor the United States of Marian, petitioner,
by its undersigned attorney, and shows unto this Honorable Court that
heretofore a petition for condemnation was filed end an Crier of
coo
Possession was granted Lod that the description set forth in Paragraph 4
Eof said petition was incorrectly described.
THF1TCEL, this Petitioner does amend Par•g^aoh
0� Striking
4 by from said paragraph the description set forth therein
H a and substituting in lieu thereof the following:
at the
W a o at of intersection of the
cc; Southerly property line of Virginia Street and
0.
oyg the Westerly property line of Simonton Street;
LL thence southerly a distance of 272 feet 3 lushes
F along said westerly line of Simonton Street to •
m point; thence westerly a distance of 243 feet 8k
.J inches to a point; themes northerly 269 feet 31
inches to a point on the southerly property line
of said Virginia Street, said point being 241 feet
3 inches westerly along the southerly property
line of Virginia Street tram the point of beginning;
theme Easterly with said property line of Virginia
Street 241 feet 3 inches to the point of beginning,
containing 1.52 earn, more or less.
;ihet- EFCAE. Petitioner respeotfully prays thatthis
amendment to the Petition for Condemnation be entered nano pro tuna as
of the date of the entry of the Judgpent on the Deolaration of Taking.
to tit: .iove=ber 10, 194E.
NIT STATES CF , SRICA,Fet:tloner
I
By f �T, 2L-
Stuart Y. Patton,Special Attorney
Department of Justice
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FILE #1092390
BK# 1 5 4 4 PG# 1 6 1 7
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Exhibit(($)
V
FILE # 1092390
BE* 1544 PG# 1618
STANDARD ARCHITECTUAL PRESERVATION COVENANT for-TRANSFERRED
PROPERTY
Grantee hereby covenants on behalf of itself,its successors and assigns,to the
Florida State Historic Preservation Officer(SHPO)to preserve and maintain the Old Navy
Commissary Building,Building G-1,located in the County of Monroe,State of Florida,
more particularly described on Exhibit"A",attached hereto and made a part hereof,in a
manner that preserves and maintains the attributes that contribute to the eligibility of the
Old Navy Commissary Building,Building G-1,of which said real property is a part,for the
National Register of Historic Places. Such attributes include exterior features(including
facades and fenestration,scale,color,materials,and mass),interior features determined
significant by the Florida SHPO,and views from,to,and across the property.
1. The Old Navy Commissary Building,Building G-1,will be preserved and
maintained in accordance with the Secretary of Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating'Historic Building's (National Park Service). No construction,
alteration,rehabilitation, remodeling,demolition,disturbance of the ground surface,or
other actions shall be undertaken or permitted to be undertaken on the Old Navy
Commissary Building,Building G-1,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 anon,and will undertake any
stabilization that may be required to prevent deterioration. Grantee will make every effort
to retain or reuse,to the extent practicable,the historic structure.
3. In the event that archeological materials are encountered during
construction or ground disturbing activities,work shall cease in the immediate area until
the SHPO is consulted and provides written permission to recommence work. Should the
SHPO require,as a condition of the granting of such per mission,that the Grantee conduct
archeological survey data recovery operations or other activities designed to mitigate the
potential adverse effect of the proposed activity on the 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 Old Navy
Commissary Building,Building G-1,in order to ascertain whether the Grantee is complying
with the conditions of this preservation covenant.
EXHIBIT"C"
411,
FILE A10923J0
BK# 1544 PG*1619
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 the Old Navy Commissary Building,Building
G-1. 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 Old Navy
Commissary Building,Building G-I. 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 the
Old Navy Commissary Building,Building G-1,or any part thereof.
2
�DLNG OF SUITABILITY TOT FER
SIMONTON STREET COMMIS
NAVAL AIR STATION. KEY WEST, FLORIDA
I have reviewed the Environmental Baseline Survey for Transfer (EBST) prepared to assess the
suitability for transfer of the Simonton Street Navy Commissary (Commissary2. Naval Air
Station, Key West, Florida to Monroe County, Florida, (County) by historical conveyance
through the U.S. Department of Interior. Monroe County will renovate the building for use as
administrative office spaces. I have also reviewed the redevelopment plan for the Commissary w 'i
prepared by the Naval Properties Local Redevelopment Authority (NPLRA). Monroe u m
County's intended use of the Commissary appears consistent with that plan. Based upon these t+
reviews and in reliance on the specific findings set forth in the EBST, I have determined that !n N
the Commissary is presently suitable for transfer to the County for renovation and subsequent A
reuse in accordance with NPLRA's redevelopment plan. A N
The Commissary is located at the corner of Virginia and Simonton Street in Key West, o
N
Florida. The parcel contains a two-story main building; an associated parking area; a a W
miscellaneous utility pad (40 sq. ft.); two mechanical buildings (160 sq. ft.): and a perimeter N ID
security fence. The main building was constructed in 1923 for use as a cigar factory and was m B
subsequently acquired by the Navy in 1942. An Architectural Inventory prepared in June 1994 N
by the Army Corps of Engineers identifies the site as a National Register Historic Property in B
that it is a contributing element within the boundary of the Key West National Register
Historic District.
Site visits to assess the environmental condition of the subject property were conducted in July
1995 and November 1996. No stressed vegetation or other evidence of hazardous substance
release were identified. One aboveground storage tank (AST) previously used for the
emergency generator was removed in 1994. The generator has also been removed. No
recorded or visual evidence of a release from the AST was found during the EBST
investigation. Soil samples were taken in 1996 from the area adjacent to the AST concrete pad
by Navy Public Works Center (PWC), Pensacola, Florida. MI sample results were below
federal risk-based cleanup standards and require no further remedial action. Small petroleum
stains were noted on the parking lot and the second floor of the main building at the end of the
conveyor system. The parking lot stains were minimal and consistent with vehicular parking.
The second floor stain was due to conveyor motor engine leakage. None of the areas require
remedial action. The site has been visited annually since 1996 and no change in the
environmental condition of the property has been noted.
Asbestos-containing material (ACM) has been identified in a survey conducted for
SOUTHDIV by Cape Environmental, Inc., in April 1998. The survey indicates the presence
of friable ACM in the aircell pipe insulation, pipe fitting insulation, adhesive insulating tape on
interior cold water lines, window putty, and transite-type laminated wall panels inside the
Commissary. It is also assumed the plaster ceiling finish contains asbestos. The transite-type
laminated wall panels are non-friable. All other ACM is considered friable, accessible, and
damaged to some extent. Cape Environmental also sampled materials on the exterior of the
Commissary which were suspected to contain asbestos. These exterior materials included the
textured finish (paint) on the exterior walls, corrugated transite-type panels, transite-type
shingles, and mastic on foam glass insulated cold water pipe fittings. All suspect materials
tested positive for the presence of asbestos; however, only the wall finish (paint) is friable.
Page I of 3
Exhibit(ID)
•
F1ING OF SUITABILITY TO TRAJUER
IMONTON STREET COMMISSAR
NAVAL AIR STATION, KEY WEST, FLORIDA
Environmental, under the direction of SOUTHDIV will initiate a corrective action by
encapsulating-the paint remaining on the exterior of the building and_HEPA vacuuming the
parking lot to remove paint which has flaked from the building. This corrective action will be
completed prior to transfer to the County.
ii. a covenant warranting that:
I. all remedial action necessary to protect human health and the environment with
respect to any such substance remaining on the property has been taken before the w
date of transfer, and " rri
II. any additional remedial action found to be necessary after the date of transfer shall Nat
be conducted by the United States A P
iii. a clause will be included in the transfer deed granting the United States access to the
property in any case in which remedial action or corrective action is found to be ,� N
necessary after the date of such transfer. W
Copies of the EBST and this FOST have been provided to the USEPA, FDEP, the NPLRA, I-, la
�
and the County for their review. Any comments received are included as Appendix to the
EBST.
In accordance with the DoD guidance, this FOST as well as the EBST for the Commissary site
will be part of the transfer documentation provided to the County. Copies of these documents
also will be provided to the appropriate USEPA and FDEP representatives after execution.
NOW THEREFORE, based on the information contained in the EBST, and subject to the
stated reuse and appropriate deed restrictions, the subject parcel is hereby deemed suitable for
transfer.
Irv. feet u
(Date) Ci W.H. LEWIS, CAPT, CEC, USN
Commanding Officer
Southern Division
Naval Facilities Engineering Command
N. Charleston, South Carolina
Page 3 of 3
, .
,. FLL 1023.90
•
BK#1544 PGk1623
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. WORKMEN MAY ALSO SUFFER ADVERSE HEALTH
EFFECTS FROM LEAD DUST AND FUME EXPOSURE
ACKNOWLEDGEMENT
I acknowledge that
(1) I have read and understand the above stated Lead Warning Statement;
(2) ! have received from the Government the following document(s): The
Environmental Baseline Survey for Transfer and the Finding of Suitability for
Transfer-Simonton Street Commissary. Key West. Florida 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) I 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) I 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.
MONROE COUNTY
OFFICIAL RECORDS
MONk7E CW ,VYY Rabat VA Aven4r-Sifl
Transferee (or duly authorized agent) Date
PMUVEO wa JYOk
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