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12/17/1997 Agreement • • 10 1512 r MAYOR OF CO UNTY COMMISSIONERS J MAYOR u London, k Landon,District 2 3UNTYLF'MONROE Harvey,DistrictI onion mow e� t {^ - Shirley Freeman,District3 MC awdw, w69�.SI3A as I Keith Douglass,District �y4a'..¢"6 � ar Mary Kay Reich,District 5 Monroe County County Administrator 5100 College Road, Rm 212 is Key West , FL 33040 d (305) 292-4441 - Phone (305) 292-4544 - Fax December 19, 1997 Mr. Don Couch Historic Preservation Group Southern Division Naval Facilities Engineering Command 2155 Eagle Drive North Charleston, SC 29419-9010 Dear Mr. Couch: I am enclosing five signed copies of the Memorandum of Understanding which you forwarded to my office. Please note that both the County Mayor and the Chairperson of the Local RedeVelopment Authority have signed in the appropriate places. Please be sure to forward a copy with original signatures to my attention when they are available. If you have any further questions about these documents or any other aspects of the potential transfer of the Commissary, please let me know. Very truly yours, James L. Roberts County Administrator JLR:dlf cc: Mayor London Mayor Mullins Julio Avael William Harrison Chris Lehman Danny Kolhage Jim Hendrick Advisory Council On Historic Preservation The Old Past Office Building 1100 Pennsylvania Avenue,NW.#809 Washington,DC 20004 JAN 2 3 1998 Mr. R. N. Johnson Southern Division Naval Facilities Engineering Command P. O. Box 190010 2155 Eagle Drive North Charleston, SC 29419-9010 REF: Lease/Transfer of the Gato Cigar Factory Key West, Florida Dear Mr. Johnson: Tile enclosed Memorandum of Agreement for the referenced project has been accepted by the Council. This acceptance completes the requirements of Section 106 of the National Historic Preservation Act and the Council's regulations. We recommend that you provide a copy of the fully-executed Agreement to the other signatories. Should you have any questions, please contact me at(202) 606-8532. Sincerely, Druscilla J. Null Historic Preservation Specialist Office of Planning and Review Enclosure 4.0 ri { $T Of O DEPARTMENT OF THE NAVY W� h SOUTHERN DIVISION NAVAL FACILITIES ENGINEERING COMMAND PO.mz twow ED C !t .u.. 21Y EAGLE DRIVE NORTH CHARLESTON.S C. 204194010 FRP 1 1 14q({ COUN l I.,.,:rvlo l ilAtOR 11000 Code 064DC 9 February 1998 Mr.James L. Roberts,County Administrator Monroe County 5100 College Road,Rm 212 Key West,Florida 33040 Re: MEMORANDUM OF AGREEMENT(MOA) FOR THE LEASE/TRANSFER OF HISTORIC NAVY BUILDING G-1, THE FORMER NAVY COMMISSARY,KEY WEST,FLORIDA Dear Mr.Roberts, I am attaching your copy of the signed original MOA for the above referenced action. Please note in the attached cover letter from the Advisory Council on Historic Preservation that the Navy has now completed the requirements of Section 106 of the National Historic Preservation Act of 1966. Under the MOA the County Administrator's office is responsible for completion of the documentation process. Please submit all exhibits to the Florida State Historic Preservation Office (SHPO)via this office. In follow-up,we found that the SHPO owed us a response to a review package submitted to them just before Christmas. The SHPO has now provided an E-mail review that I will forward to your Mr.Jacobus. There are a few minor changes in the narrative exhibits requested by the SHPO. Please forward the revised final packages by early next week We will add your part to the archival photo package already in hand and forward the entire package to the SHPO for their records. The SHPO also requested that a copy of the final documentation be provided to the local preservation group in Key West. We will work closely with your staff to complete these final steps. We appreciate your participation in the successful execution of this MOA,as we continue to protect our Navy historic properties on Key West. Please direct any questions to Don Couch at(803) 820-5894. cerely, Historic emotion Officer • V MEMORANDUM TO: Board of County Commissioners Jim Hendrick, County Attorney Danny Kolhage, County Clerk Robert Herman, Director of Division of Growth Management Jake Jacobus, Parks& Recreation Planner George Borne, Historic Foundation of the Florida Keys Bert Bender, Architect Dent Pierce, Director of Division of Public Works David Koppel, County Engineer Desiree Peacock, Construction Manager Mayor Sheila Mullins, City of Key West Julio Avael, City Manager William Harrison,Director of LRA Stephanie Walters, Administrator, County Health Department Christopher Lehman, Consultant FROM: James L. Roberts County Administrator DATE: February 20, 1998 SUBJECT: Memorandum of Agreement for the Lease Transfer of the Commissary Building A A A AAA A A A AAAAAAAAAAAAAAAA A A A AAAAAA A A A AAAAAAAAAAAAAA A A A AAAAAAA A A A A A A A A A AAAA A A AAA AA I am enclosing a copy of the Memorandum of Agreement among the Navy, the State Historic Preservation Officer, Monroe County, the Advisory Council on Historic Preservation, and the Local Redevelopment Authority. This Agreement was necessary prior to the County having the ability to sign a lease in furtherance of conveyance with the Navy. The County appreciates the cooperation of all the entities involved. It appears as though we are on a straight course to conclude the lease in the very near future and proceed with designs of the Commissary. If you have any questions, please let me know. r' _.0 James L. Roberts JLR:dlf Enc. MEMORANDUM OF AGREEMENT AMONG DEPARTMENT OF THE NAVY, o o m -n THE FLORIDA STATE HISTORIC PRESERVATION OFFICER, o a m MONROE COUNTY, FLORIDA or- z o AND n• r- THE ADVISORY COUNCIL ON HISTORIC PRESERVATION i +sz FOR Knro THE REHABILITATION, LEASE/TRANSFER -'n o rmj OF n0 to m HISTORIC BASE COMMISSARY(Building G-1) NAVAL AIR STATION KEY WEST KEY WEST, FLORIDA WHEREAS,the Department of Navy(Navy) is responsible for the implementation of applicable portions of the Base Closure and Realignment Act of 1990(Title)0IX of P. L. 101- 510)as amended by P. L. 102-190 and P. L. 102.484, commonly known as the"BRAC" program; and WHEREAS, one of these properties is the former Navy Commissary-Building G-1, located on the corner of Simonton and Virginia streets in the City of Key West, Florida(originally called the Gato Cigar Factory). This building is listed on the National Register of Historic Places as a contributing property to the Key West Historic District(8MO1976). It has been selected for individual action involving a short term lease and/or transfer to Non-DOD ownership; and WHEREAS,the government of Monroe County, Florida(County)desires to lease and rehabilitate Building G-1,and the Local Redevelopment Authority(LRA) located in the City of Key West supports that lease and rehabilitation. The County has initiated negotiations with the Navy for a five(5)year conditional lease of Building G-1 subject to it's compatibility with the final reuse plan and completion of the appropriate NEPA documentation; and WHEREAS,the Navy has followed the regulations(36CFR, part 800) implementing Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC,section 470f); and NOW,THEREFORE,the Navy, the Florida State Historic Preservation Officer(SHPO), Monroe County, and the Advisory Council on Historic Preservation(Council)agree that the undertaking shall be implemented in accordance with the following stipulations in order to further take into account the effects of the undertaking: STIPULATIONS A. REHABILITATION 1. The parties to this agreement will ensure that all rehabilitation documents for this project shall be prepared in accordance with the Secretary of Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" as published by the U. S. Department of Interior-National Park Service(1995 revision). V Page-2 2. County project planners and administrators will ensure that all contractors selected as bidders on the final plans and specifications shall have a verifiable record of having successfully completed rehabilitation and restoration projects on Historic Structures. The successful contracting firm will ensure that all field personnel working on/with the historic features Building G-1 are trained and qualified to perform this rehabilitation work in accordance with the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. 3. The County working through the Navy Preservation Officer Charleston will maintain a regular series of in-progress consultations with the SHPO prior to and during the restoration work on Building G-1.Therein the County will provide the SHPO advance copies of the proposed plans and specifications for review at the 30%-60%and 100% design levels. The SHPO will within 30 days, review&concur,or request additional information or revision of documents submitted. In the event the SHPO does not concur with the designs as submitted any questionable design work will not proceed until the questionable features are modified to ensure the historic character of this National Register Structure. B. Documentation The County is responsible for the historic documentation of this National Register property. This documentation must be completed by the County and accepted by the Florida SHPO prior to initiation of this rehabilitation. The documentation procedure will be performed to Secretary of Interior's Standards and Guidelines for Architectural and Engineering Documentation—Level II(revision 1990). The completed documentation package will be submitted to the SHPO via the Preservation Officer-SOUTHNAVFAC— Charleston, Code 064DC. A copy of the package will also be provided to the Historic Florida Keys Foundation Inc., Key West, Florida. C. Public Notice and comment period. The LRA and County planning officials have held six(6) Public meetings wherein the proposed lease and rehabilitation plans for Building G-1 were discussed in detail. In each of these meetings a public question and answer period was provided to allow public input. The established practice of public participation will be continued throughout this undertaking. D. Property lease or transfer 1. The Navy in complying with the mandates, goals and/or objectives of BRAG IV will ensure the inclusion of a preservation clause in all lease documents for Building G-1 that requires the tenants and/or subtenants to comply with section 106 and 110 of the National Historic Preservation Act of 1966. See—Standard Preservation Clause insert in Attachment-A. In the event the Navy agrees to transfer Building G-1 to the County,the transfer/deed document will include the Standard Architectural Preservation Covenant shown in Attachment-B. Page-3 E. Program Review 1. At the end of each State of Florida Fiscal year,the SHPO or the Navy may request a review of the terms and conditions of this agreement, which may be amended following consultation with all of the signing parties. 2. The Navy shall provide the Florida SHPO an opportunity to inspect Building G-1 to verify adherence to the stipulations of this agreement At the SHPO's request,the Navy and/or the LRA shall provide information about or access to all records concerning this undertaking which may effect this National Register property. G. Dispute Resolution Should any signatory or concurring party to this agreement object within 30 days of any future undertaking or actions proposed by the Navy or its tenants to this building,the Navy shall consult with the objecting party to resolve the objection. If the Navy determines that the problem cannot be resolved, the Navy will forward all documentation relevant to the dispute to the Council. Within 30 days after receipt of all pertinent documentation,the Council will either: 1. Provide the Navy with recommendation,which the Navy will take into account in reaching a final decision regarding the dispute; or 2. Notify the Navy that it will comment pursuant to 36CFR 800.6(b), and proceed to comment. Any Council comment provided in response to such a request will be taken into account by the Navy in accordance with 36CFR 800.6(c)(2)with reference to the subject dispute. Any recommendation provided by the Council addressing a specific dispute shall be understood to apply only to that specific item of dispute. The Navy and tenant's responsibilities to carry out all other actions under this MOA that are not the subject of this specific dispute will remain unchanged. At any time during the implementation of the measures stipulated in this MOA, should an objection to any such measure or its manner of implementation be raised by a member of the public,the Navy shall take the objection into account and consult as needed with the objecting party, the SHPO, the County,and the Council to resolve the objection. H. Amendments Any party to this Agreement may request that it be amended,whereupon the parties will consult in accordance with 36 CFR Part 800.5(e)(5)to consider such amendments. Attachment-C provides the Amendment Form to be used as the format for the submission of proposed amendments to this agreement,and will be submitted simultaneously by the proposing party to the other signatories of this Agreement V J Page-4 I. Effective Date The effective date of this MOA is the date of its execution by the Council. J. Execution EXECUTION and implementation of this Memorandum of Agreement evidences that the Navy has afforded the Council a reasonable opportunity to comment and that the Navy has taken into account the effects of the Undertaking carried out under the terms of this agreement FOR THE NAVAL AIR STATIONA KEY WEST: By: ---- Date io Al o I/ 91 FOR THE FLORIDA STATE HISTORIC PRESERVATION OFFICER: OFFICER: By: C/�'-�C' `",� Date ire"1". Z.7;/97 FORT CO NTY OOFF MMONROE, FLORIDA: (PfBy: ./rY�uLP7,s�7� Date%Z //77 bOR THE ADVISORY COUNCIL ON ISTORIC PRESERVATION: By: ci J A l l4 - - An Date /1-7/it CONCUR/ACKNOWLEDGE: THE LOCAL REDEVELOPMENT AUTHORITY,CITY OF KEY WEST, FLORIDA: By:64-e-A F #2, 1 Date / 2((779 APPROVED AS TO F M A L RO RT N. W DATE — "' • V 11111 Page-5 ATTACHMENT A: STANDARD PRESERVATION CLAUSE FOR LEASED PREMISES Building G-1, the Old Navy Commissary Building on the Island of Key West is listed on the National Register of Historic Places(Originally called the Gato Cigar Factory). The following paragraph shall be included in all leases of Navy property that is listed on or eligible for listing on the National Register of Historic Places: Building G-1 is a contributing property to the Key West Historic District(8MO1976). Accordingly,the Lessee shall not undertake any activity that may effect this historic property or any archeological finds on the property, including excavation, construction, alterations, rehabilitation or repairs of the Property,without the written approval of the lessor's contracting officer and compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, 16 U.S.C. 470(1992),and the Archeological Resources Protection Act, 16 U.S.C.470aa-470mm (1979). Buried cultural materials or archival artifacts may be present on the premises. If such materials are encountered, Lessee shall stop work immediately and notify the contracting officer or project manager so that protection measures can be taken until the find is assessed. • Page-6a ATTACHMENT B: STANDARD ARCHITECTUAL PRESERVATION COVENANT for TRANSFERRED PROPERTY XXX. Grantee hereby covenants on behalf of itself, its successors and assigns,to the Florida State Historic Preservation Officer(SHPO)to preserve and maintain (name of property) located in the County of Monroe,State of Florida, more particularly described as (legal description), in a manner that preserves and maintains the attributes that contribute to the eligibility of the(name of historic property), of which said real property is a part,for the National Register of Historic Places. Such attributes include exterior features(including facades and fenestration,scale, color, materials, and mass), interior features determined significant by the Florida SHPO,and views from,to,and across the property. 1. The(name of property)will be preserved and maintained in accordance with the Secretary of Interior's Standards for Rehabilitation and Guidelines for 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 on (name of property)that would materially affect the integrity or appearance of the attributes described above without the prior written permission of the Florida State Historic Preservation Officer(SHPO), and signed by a fully authorized representative thereof. 2. Upon acquisition of the Property,the Grantee will take prompt action to secure the property from the elements,vandalism, and arson, and will undertake any stabilization that may be required to prevent deterioration. Grantee will make every effort to retain or reuse, to the extent practicable,the historic structure. 3. In the event that archeological materials are encountered during construction or ground disturbing activities,work shall cease in the immediate area until the SHPO is consulted and provides written permission to recommence work. Should the SHPO require, as a condition of the granting of such per mission, that the Grantee conduct archeological survey data recovery operations or other activities designed to mitigate the potential adverse effect of the proposed activity on the 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(name of property) in order to ascertain whether the Grantee is complying with the conditions of this preservation covenant it Page-6b-covenant continued 5. The Grantee will provide the Florida SHPO with a written summary of actions to be taken to implement the provisions of this preservation covenant with one(1)year after the effective date of the transfer of(name of property). Similar reports will be submitted to the Florida SHPO,with a copy to the Navy. 6. Failure of the Florida SHPO to exercise any right or remedy granted under this covenant shall not have the effect of waiving or limiting the exercise by the Florida SHPO or any other right or remedy or the invocation of such right or remedy at any other time. 7. In the event of a violation of this covenant,and in addition to any remedy now or hereafter provided by law,the Florida SHPO may,following reasonable notice to Grantee, institute suit to enjoin said violation or to require the restoration of(name of property). The successful party shall be entitled to recover all costs or expenses incurred in connection with such a suit, including all court costs and attorney's fees. This covenant is binding on Grantee, its successors,and assigns, in perpetuity. The restrictions, stipulations and covenants contained herein shall be inserted by Grantee, its successors and assigns,verbatim or by express reference in any deed or other legal instrument by which it divests itself of either the fee simple title or any lesser estate in (name of property), or any part thereof. • it V Page-7 ATTACHMENT C: AMENDMENT FORM AMENDMENT# DATE: Amendment to the MEMORANDUM OF AGREEMENT AMONG THE DEPARTMENT OF THE NAVY, THE FLORIDA STATE HISTORIC PRESERVATION OFFICER, MONROE COUNTY, FLORIDA AND THE ADVISORY COUNCIL ON HISTORIC PRESERVATION FOR THE REHABILITATION, LEASE/TRANSFER OF HISTORIC BASE COMMISSARY(BUILDING G-1) NAVAL AIR STATION KEY WEST KEY WEST, FLORIDA 1. Need for Amendment: (Describe briefly) 2.Amendment: (Specify) FOR NAVAL AIR STATION KEY WEST: By: Date FOR THE FLORIDA STATE HISTORIC PRESERVATION OFFICER: By: Date FOR THE COUNTY OF MONROE, FLORIDA: By: Date FOR THE ADVISORY COUNCIL ON HISTORIC PRESERVATION: By Date CONCUR/ACKNOWLEDGE: THE LOCAL REDEVELOPMENT AUTHORITY, CITY OF KEY WEST, FLORIDA: By: Date ly)-ti/y ,� Date Signature James Roberts Name - printed County Administrator Title $100 College Road - Wing II. Key West. FL 33040 Address of Applicant a ACCEPTANCE BY THE GOVERNMENT Accepted by and on behalf of the United States of American this 30 day of Bc4,10`-i , 19 9S' UNITED STATES OF AMERICA Actin b and throe h the De artment of the Navy By. ' `_ Real state Contractin icer • Name - printed e(To CS1 TE Ul51oN Title 5 I