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Item U01 U.1 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys Mayor Pro Tem Craig Cates,District 1 y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting August 17, 2022 Agenda Item Number: U.1 Agenda Item Summary #10984 BULK ITEM: No DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Katie Atkins 3053047906 N/A AGENDA ITEM WORDING: Approval of a resolution supporting the acquisition of the former Hawk Missile Site through a land swap with the City of Key West in exchange for the County- owned Higgs Memorial Beach Park. ITEM BACKGROUND: The former Hawk Missile Site is a 43.77-acre site located approximately 800 feet north of the existing Key West International Airport and was utilized by the United States Army during the Cuban Missile Crisis as a base for surface-to-air hawk missiles. In 2002, the U.S. Federal Government transferred ownership of the property from the Department of Interior to the City of Key West specifically for public recreational use. Since the transfer of ownership, the property and its buildings have remained partially abandoned and/or used as a stockpiling area for construction materials. The County has made an effort to acquire the property from the City of Key West with the intent of restoring a portion of the site to its natural state for mitigation purposes. The County would exchange its Clarence S. Higgs Memorial Beach Park at 1000 Atlantic Blvd. in Key West for the Hawk Missile Site and use the public property as a park and recreation area with a portion being restored to its natural state with native vegetation and ecological conditions. The restored site will serve as a mitigation area for wetland impacts resulting from Key West International Airport improvement projects and maintained as such under a conservation easement in perpetuity by the County. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: DOCUMENTATION: Packet Pg. 3829 U.1 081722 Hawk Missile Site Resolution Hawk Missile Site as of July 2022 HMS Property History FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: n/a REVIEWED BY: Richard Strickland Completed 08/09/2022 11:16 AM Pedro Mercado Completed 08/09/2022 11:50 AM Purchasing Completed 08/09/2022 11:51 AM Budget and Finance Completed 08/09/2022 11:55 AM Brian Bradley Completed 08/09/2022 11:57 AM Lindsey Ballard Completed 08/09/2022 12:03 PM Board of County Commissioners Pending 08/17/2022 9:00 AM Packet Pg. 3830 U.1.a RESOLUTION NO. -2022 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA SUPPORTING THE ACQUISITION OF THE FORMER HAWK MISSILE SITE THROUGH A LAND SWAP WITH THE CITY OF KEY WEST IN EXCHANGE FOR THE COUNTY-OWNED HIGGS MEMORIAL BEACH PARK. WHEREAS, the Board of County Commissioners of Monroe County, Florida ("the Board")is the governing body of the political subdivision of the State of Florida known as Monroe U) County ("the County"); and a� WHEREAS, the former Hawk Missile Site ("the property") is a 43.77-acre site located as approximately 800 feet north of the existing Key West International Airport, and was utilized by U) the United States Army during the Cuban Missile Crisis as a base for surface-to-air hawk missiles; 2 and WHEREAS, in 2002 the U.S. Federal Government transferred ownership of the property 1 from the Department of Interior to the City of Key West specifically for public recreational use; and WHEREAS, since transfer of ownership to the City of Key West, the property and its buildings have remained partially abandoned and/or used as a stockpiling area for construction materials; and U) WHEREAS, the County has made an effort to acquire the property from the City of Key West with the intent of restoring a portion of the site to its natural state for mitigation purposes; and WHEREAS,the County has owned Clarence S. Higgs Memorial Beach Park(hereinafter "Higgs Beach"), located at 1000 Atlantic Blvd. in Key West and comprising approximately 16.5 X acres of oceanfront property, for decades; and N IV- 00 WHEREAS, the Board, acting as the governing body of the County supports swapping Higgs Beach to the City of Key West in exchange for the Hawk Missile Site; and WHEREAS, once the County acquires the property, the Board intends to use the property as a public park and recreation area with a portion of the site being restored to its natural state with native vegetation and ecological conditions; and WHEREAS,the restored site will serve as a mitigation area for wetland impacts resulting from Key West International Airport improvement projects and will be maintained as such under a conservation easement in perpetuity by the County; and P Packet Pg. 3831 U.1.a WHEREAS, space for passive public recreational use would be included as part of restoration efforts as was intended during the 2002 transfer of ownership from the Department of Interior to the City of Key West; and WHEREAS, Monroe County and Key West International Airport administration have a vision for the property and believe in its potential future as a clean, safe, recreational environment for Monroe County residents and visitors alike; and WHEREAS, Monroe County continues to work in partnership with local and federal F agencies, including the National Park Service,to protect and maintain the environmental health of the Florida Keys and particularly that of the Hawk Missile Site 0 U) NOW, THEREFORE BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: .2 A Section 1. Expresses its support for the acquisition of the former Hawk Missile Site from the City of Key West. Section 2. Supports a land swap of County-owned Clarence S. Higgs Memorial Beach Park in exchange for the former Hawk Missile Site. Section 3. This resolution shall become effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, U) at a regular meeting held on the 171h day of August, 2022. Mayor David Rice Mayor Pro Tem Craig Cates Commissioner Michelle Coldiron Commissioner James K. Scholl Commissioner Holly Merrill Raschein N oo (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA c� By: By: As Deputy Clerk Mayor David Rice P Packet Pg. 3832 U.1.b Hawk Missile Site 7/4/22 2 l r n CN ✓,,,, CN CN Q V "G° C21 N 40 U) 0 4 iio.. 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P r/fir `�k Mi .Ja,cobs- HAWK MIS SILE SITE A BRIEF HISTORY AND PROPERTY OVERVIEW PROPERTY BACKGROUND The former Hawk Missile site is located approximately 800 ft. north of the existing Key West International airport, Key West, Florida. This site was utilized by the United States Army during the Cuban Missile Crisis in the early 1960's through late 1970's as a base for surface to air Hawk Missiles. In 2002 the Federal Government transferred ownership of the Hawk Missile Site (HMS) to the City of Key West (Attachment A). Since then, the area has remained partially abandoned, being used mostly unofficially by the public as a dog park, paddle / canoeing launch spot (Figure E), and as a stockpiling area for construction materials. See Figures A, B, C and D as reference for abandoned buildings, and areas being used for stockpiling of construction materials. In 2007 the City of Key West placed 3.35 ACRE under Conservation Easement at HMS. See Attachment B for the Conservation Easement resolution between the City of Key West and South Florida Water Management District. It is the County's intent to create additional wetlands in HMS, adding approximately 2.95 ACRE of wetland planting areas, and therefore filing for an additional Conservation Easement for the site. Per the table on Attachment C, the HMS currently has a total of 43 ACRE. If the mitigation plan for HMS is implemented, a total of 6.30 ACRE would be under Conservation Easement at HMS (3.35 ACRE Existing Conservation Easement + 2.95 ACRE Additional Conservation Easement = 6.3 ACRE of Total Conservation Easement Area). Please note, the proposed mitigation plan for HMS factors the existing conservation easement areas and does not negatively impact them. Due to this intent of restoring HMS's ecological conditions closer to its natural state, Monroe County has reached out to the City of Key West in order to obtain property rights for HMS.The HMS would become a mitigation area under Monroe County ownership, and its land would be restored to native vegetation and ecological conditions. The site would serve as a mitigation area for the wetland impacts resulting from Key West International Airport projects and maintained in perpetuity by the County. The habitat restoration would entail excavation of uplands and regrading of the area, to ensure hydrologic connection to adjacent wetland communities. Plantings will include both red and black mangroves, as well as is saltwater-marshes. The mitigation areas will be inspected on a bi-annual (every two years) basis to ensure hydrology is sufficient to maintain the wetland creation areas, and spot treatments of invasive exotic vegetative species will continue as needed. Monroe County will be responsible for access maintenance and property control and will monitor the property in perpetuity. Signs will be placed around the mitigation areas stating that the site is a protected conservation area. The signs will be inspected and replaced as needed to ensure property and access control. Access will be available for monitoring, inspections,and maintenance as needed. Ultimately, it is Monroe County's goal to provide recreation areas within the HMS property, as well as relocating the NDB antenna from Higgs Park. The recreation areas and NDB antenna relocations would both have a footprint outside protected areas under Conservation Easement. Please see Attachment D for the proposed relocation of the NDB antenna and potential recreational areas. PAGE 1 OF 2 Mi .ja,cobs. 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"r/!�f/� �i�%/i///�%/ i�i//r�/�llrU,ii�im✓1/„ ,,,s, r, .'✓I irlrl//p/I//i///%r%/%�/��%/��i r��/fi��,r/!M, r/;r,,�,,. ,,, ,„ FIGURE C FIGURE ?/I k' ' r',? ;a, �''y/,,.kr 1/ r ✓ rr fyfl� r r r,/ �,{ ��fJ rr,(�, r rD ,1 ri p�rr1 rh p ///k u;dw/V:,r,.��'.�„Y,!.Ir�,��„/,rN,/r„i, �,r,,% ,,,,�,,..,I,�:�r�w;F1 l GGi �a f''i„o 4Wi'ti7��&.a Yk� `�,r/n y✓r�r w/,J !!o✓l. r6/>'Ii r��e,or.✓�,,✓�f,��; � f f I v BII I r % e r x, Vy r f r 1 /, i /�/ �//i,/� ��/. r //-/ll//r/✓`////,F/ .:.rrr/ /r � r;,:,;;,,,, ,,,;. /t' 1 r/r,c,,r/�//�r/i,,ri/ /ii �r/,/�,i„i r/�i rig ✓ii//« / r ,/>% �,:��///rr /..�// / ,r/ y ri it// //I //r. �/.,,.,�/ r/ / r,l ,r/ .: ✓,i. ✓i��r��,��//�////ii%�///��1/r /�D, f /////��i`i��„r//�l//��////i r/,,ii/%/i//;e,,rr//i0%//,,,,/,r/i„ r Jl/'%i/// r,�r,,, �I�Jrr✓'�/y'�% //�j��/,,//„r,,,/ /,,,.r,,,,,,,,,r,✓,,,/„f /J ,,t„//rr/,%i;,%/,,, r,r ��//��r�/' PAGE 2OF2 {r+� iif k'- r f� ,1� ��G��D k�/�f+r r i�'I(,✓ u k/�a� 0';,yr�a� � n�' � x ,. � i i i ,. ,4:,�r�f��.;NSr' `kJ ,i� �%r,r4M�m,d(,rk,r,.�i�L�,f�r 4,��.i�✓ n;�i`iafwni v��rC��„«m.a.✓xd R, �Ada„..,,,,,, ATTACHMENT A 2 ° COUNTY I 1 9 2 8 7 �. f ]K# � CT AL RECORDS P G D Apr 0 1 ; 46PM COP QUITCLAIM DEED The UNITED STATES of AME ICA, acting by and through the Secretary of the Interior, acting by and through the Regional Director, Southeast Region, National nark Service, (hereinafter designated "GRANTOR")") under and pursuant to the poorer and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 63 Stat. 3x as amended, and particularly as amended by Public Lair 485, 91 st Congress, and regulations and orders promulgated thereunder, and a delegation of that authority to the Secretary of Defense SECDE in accordance with the Defense Base Closure and Realignment Act of 1990, Public Lave 101-510, 10U.S.C. 2687 note, a amended, and a subsequent delegation of the authority by SECEF to the Secretary of the Navy, for and in consideration of the perpetual use of the hereinafter described premises for public park and public recreation area purposes by the City of Key West, Florida, (hereinafter designated "GRANTEE"), does hereby release and quitclaim to GRANTEE, and to its successors and assigns, subject to the reservations, exceptions, restrictions, conditions and covenants hereinafter expressed and set forth, all GRANTOR'S right, title and interest in and to the following described property, consisting of 43.77 acres in fee, known as the Hawk Missile Site, at the former Naval Air Station, Key West, Monroe County, Florida, and being more particularly described in EXHIBIT 99K attached hereto and incorporated herein by reference. THIS CONVEYANCE is made subject to any and ail existing rights-of-grey, easements, covenants and agreements affecting the above-described premises, whether or not the sane now appear of record. TO HAVE and to Hold the hereinbefcre described property, subject to the reservations, exceptions, restrictions, conditions and covenants herein expressed and set forth unto the GRANTEE, its successors and assigns, forever; The GRANTEE acknowledges that it has inspected, is aware of, and accepts the condition and state of repair of the PROPERTY, that the PROPERTY is conveyed "as is" and "where is" without any representation, promise, agreement, or warranty on the pert of the GRANTOR regarding such condition and state of repair, or regarding the raking of any alterations, improvements, repair or additions, or as to its usability generally or as to its fitness for any particular purpose, and that the GRANTOR shall not be liable for any latent or patent defect in the PROPERTY, except to the extent required by applicable lave and except for the covenant, representation and indemnities of GRANTOR contained herein. FILE 2 9 ` ' 2 PG# 1 2 1 PURSUANT to authority contained in the Federal Property and Administrative Services Act of 1949, as amended, and applicable rules, regulations and orders promulgated thereunder, and a delegation of that authority to the secretary of Defense SCDF in accordance with the Defense Base Closure and Realignment Act of 1990, Public Lair 1 1-51 o, 10U.S.C. 2687 note, as amended, and a subsequent delegation of the authority by s CD F to the Secretary of the Navy, the Department of the Navy determined the subject property to be surplus to the needs of the United states of America and assigned the property to the Department of the Interior for further conveyance to the City of Key West, Florida. 1T is AGREED and understood by and between the GRANTOR and GRANTEE, , and the GRANTEE, by its acceptance of this deed, does acknowledge its understanding of the agreement, and does covenant and agree to itself, and its successors and assigns, forever, as follows: 1. This property shall be used and maintained for the public park and recreation purposes for which it was conveyed in perpetuity as set forth in the program of utilization and plan contained in the application, submitted by the GRANTEE in April 1999, which program and plan may be amended from time to time at the request of either the GRANTOR or GRANTEE, with the written concurrence of the other party, and such amendments shall be added to and become a part of the original application. 2. The GRANTEE shall, within 6 months of the date of the dual of conveyance, erect and maintain a permanent sign or rarer near the point of principal access to the conveyed area which says: This park land was acquired through the FEDERAL. LANDS T PARKS PROGRAM of the United states Department of the Interior, National Park Service, for use by the general public. 3. This property shall not be sold, leased, assigned, or otherwise disposed of except to another eligible governmental agency that the secretary of the Interior agrees in writing can assure the continued use and maintenance of the property for public park or public recreational purposes subject to the same terms and conditions in the original instrument of conveyance. However, nothing in this provision shall preclude the GRANTEE from providing related recreational facilities and services compatible with the approved application, through concession agreements entered into with third parties, provided prior concurrence to such agreements is obtained in writing from the secretary of the Interior. . From the date of this conveyance, the GRANTEE, its successors and assigns, shall submit biennial reports to the Secretary of the Interior, setting forth 2 or V 1 2 2 8 -f the use made of the property during the preceding 2-year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports and as further determined by the Secretary of the Interior. 5. Funds generated on this property may not be expended for non-recreation purposes. Until this property has been fully developed in accordance with the Program of Utilization, all revenues generated on this property must be used for the development, operation and maintenance of this property. After this property has been fully developed in accordance with the Program of Utilization, revenue generated on this property may be expended on other recreation properties operated by the GRANTEE. . As part of the consideration for the 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 Department of the Interior in effect on the data of this Deed (43 C.F.R. Part 1 issued under the provisions of Title V1 of the Civil Fights Act of 9 4; 2 this covenant shall be subject in all respects to the provisions of said regulations; 3 the GRANTEE, its successors and assigns, will promptly tale and continue to tale such action as may be necessary to effectuate this covenant; 4 the United States shall have the right to seek judicial enforcement of this covenant, and the GRANTEE, its successors and assigns, will a obtain from each other person (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 a copy of such agreement to the Secretary of the Interior, or his successor; and that 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 GRANTOR and enforceable by the GRANTOR against the GATT , its successors and assigns. . The GRANTEE agrees to comply with the requirements of public Law 90-4 0 (82 Stat. 1 , the Architectural Barriers Act of 1968, as amended by Public Lave . 9 -20 of 1970 Stat. 49), to assure that development of facilities on conveyed surplus properties for public park and recreation purposes are accessible to the physically handicapped; and, further assure in accordance with Public Lair 93-112, the Rehabilitation Act of 1973 Stat. 394), that no otherwise qualified handicapped individual shall solely by reasons of his 3 s FELE 2 9 2 8 .K# 2 7 .* PG# 1 2 handica'p be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. . The GRANTEE T further covenants and agrees to comply with the National Environmental Policy Act of 1969, as amended, the 19 Amendments to the Federal Water Pollution Control Act {Clean Water Act of 1977), and Executive Order 11990 (May 24, 1977), for Protection tion of Wetlands and Executive Order 1988 (May 24, 19 for Floodplain Management, where and to the extent said amendments and orders are applicable to the property herein conveyed, and GRANTEE shall be subject to any use restrictions issued under said Amendments and Orders. 9. GRANTEE covenants for itself, its successors and assigns to the Premises, ises, or any part thereof, that any construction or alteration is prohibited unless a determination of no hazard to air navigation is issued by the Federal Aviation Administration in accordance with Title 14, Code of Federal Regulations CFF , Part 77, entitled "Objects Affecting Navigable Airspaces, or under the authority of the Federal Aviation Act of 1958, as amended. o. A document entitled "A Finding of Suitability to Transfer" FOST and a second document entitled "Addendum for Transfer" are attached as EXHi BIT 41 11 and EXHIBIT i9cl), respectively, to this Deed; an Environmental Baseline Surrey (EBS) report is referenced in the FOST; the FOST, the Addendum and EBS reference environmental conditions on the Property. such notice of environmental conditions included in those documents are incorporated herein by reference. The FOST and Addendum sets forth the basis for the GRANTOR'S determination that the Property is suitable for transfer. The GRANTEE is hereby made aware of the notification contained in the EBS, the FOST and the Addendum. 1. Lead-Based Paint "L ")-. a. A 1996 inspection team identified cans marked "lead-paint" stored in an adjacent bunker used by the veteran's group which occupied the property for a period of time. Therefore, it is resumed that lead-based paint was applied to the exteriors and interiors of the buildings. However, the subject structures are not considered target housing. The GRANTEE hereby acknowledges receipt of a Lead--Based Paint Hazard Disclosure and Acknowledgement ent 'orris for Non-Residential Structures. b. The GRANTEE covenants and agrees that in its use and xk occupancy of the Property, it will comply with all applicable 4 PILE 9 1 2 8 Federal, State, and local laws relating to LB in non-re 4dertial structures, The GRANTEE acknowledges that the GRANTOR assumes no liability for damages for personal injury, illness, disability, or death to the GRANTEE, or to any other person, including members of the general public, arising from or incident to the purchaser transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with LBP on the property, whether the GRANTEE has properly warned, or failed to properly warn} the persons injured, 12. NOTICE F HAZARDOUS SUBSTANCE OR PETROLEUM PRODUCT STORED FOR ONE YEAR OR MORE, KNOWN To HAVE BEEN RELEASED OR DISPOSED OF. a. In accordance with Section 12 h i of the Comprehensive Environmental Response, compensation and Liability Act of 1980 (CERCLA), as amended, (42U.S.C. 962 h 3 A i t GRANTOR advises GRANTEE that EXHIBIT "D" summarizes pertinent information from the EBST prepared to assess the overall environmental conditions of the PROPERTY which provides all available information based upon a complete search of agency files by GRANTOR of those hazardous substances known to have been stored for one year or more, released or disposed of on the PROPERTY to include if known, the type and quantity of such hazardous substances, the date such storage, release or disposal took place and a description of all remedial action(s) taken. b. One 2#0 o-gallon aboveground storage tank (AST) was removed from the Subject Property in 1996. Sampling conducted during the site indicated the presence of diesel fuel in the soil. Soil was excavated and disposed of during the interim removal action conducted in 1999. 13. Pursuant to Section 120 h 3 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, (GERCLA), 42 U.S.C. § 9620(h)(3), RA 1TOR covenants and warrants that all remedial action necessary to protect. human health and the environment with respect to any known hazardous substance or petroleum product remaining on the property has been taken before the date of this deed, and any additional remedial action found to be necessary after the date of this Deed shall be conducted by GRANTOR; provided, however, that the foregoing covenant shall not apply in an case in which GRANTEE of an or all of the property is a potentially y y responsible party with respect to the Property. 5 . L Elm 4. GRANTEE covenants that in accordance with CERCLA Section 20 h 3 A iii , that the GRANTOR, its officers, agents, employees, contractors and subcontractors, shall have access to the property in any case in which remedial action or corrective action is found to be necessary after the date hereof. The right to enter shall include the right to conduct activities related to environmental investigation, and to carry out remedial or removal actions a required or necessary under applicable authorities, including, but not limited to monitoring wells, pumping wells and treatment facilities. The right of access includes the right of access to, and use of, to the extent permitted by law, available utilities at reasonable cost to GRANTOR.. These access rights are in addition to those granted to federal, state and local authorities under appropriate and applicable environmental lave and regulations GRANTEE agrees to cooperate with activities of the GRANTOR in furtherance of this covenant and will tale no action to interfere with future necessary remedial and investigative actions of the GRANTOR.. The GRANTOR and 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. 15. GRANTEE covenants and agrees for itself and its successors, assigns, lessees and/or licensees that it shall provide written notice to the GRANTOR of any subsequent sale, assignment or lease of the PROPERTY, or any portion thereof, and provide contact information concerning the new owner or occupant. . GRANTEE covenants and agrees for itself and its successor, assigns, lessees and/or licensees that in the event that GRANTEE conveys any of the PROPERTY by deed, lease, license or other such interest, GRANTEE shall impose upon the party to whoa such property is transferred the requirements, duties and obligations contained herein, . The Federal government shall hold harmless, defend and indemnify the city of Key west 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 that may result from, or be predicated upon, the release or threatened release of any hazardous substance, pollutant, or contaminant resulting 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 . 18. The GRANTOR,I , and any representative it may so delegate: shall have the right of entry upon said premises at any time to conduct inspections of the GK# 1 f 7 2 PG# 1 2 20, property for the purpose of evaluating the GRANTEE'S compliance with the terms and conditions of this deed. 9. In the event there is a breach of any of the conditions and covenants herein contained by the GRANTEE, its successors and assigns, whether caused by the legal or other inability of the GRANTEE, its successors and assigns, to perform said conditions and covenants, or otherwise, all right, tine and interest in and t said premises shall revert to and become the property of the GRANTOR at its option, which in addition to all other remedies for such breach shall have the right of entry upon said premises, and the GRANTEE, its successors and assigns, shall forfeit all right, title and interest in said premises and in any and all of the tenements, herditaments and appurtenances thereunto belonging; provided, however, that the failure of the secretary of the Department of the Interior to require in any one or more instances complete performance of any of the conditions or covenants shall not be construed as a waiver or relinquishment of such future performance, but the obligation of the GRANTEE, its successors and assigns, with respect to such future performance shall continue in full force and effect. In the event of a reversion, the GRANTEE agrees to provide an acceptable level of protection and maintenance of the property until title has actually reverted. GRANTEE, by 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 the Premises to GRANTOR, or GRANTEE voluntarily returns title to the Premises in lieu of a reverter, then GRANTEE shall provide protection to, and maintenance of the Premises at all times until such time as the title is actually reverted or returned to and accepted by GRANTOR. such protection and maintenance shall, at a minimum, conform to the standards prescribed by the General services Administration in Federal Property erty Management regulations FPMF 1 -47.4913 1 CFR Fart 101 now in effect. LIST OF EXHIBITS: The following exhibits are attached hereto and made a part of this Deed: EXHIBIT "A" _ Description of PROPERTY EXHIBIT 91 �� Finding of Suitability to Transfer EXHIBIT "C" _ Addendum for Transfer EXHIBIT "D" .. Hazardous Substance List IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name and on its behalf this the tVTII day of J. L E # 1 2 9 8 J- 7 7 2 PG# 1 2 UNITED STATES OF AMERICA Acting by and through the Secretary f the Interior Through: Regional Director; Southeast Region National Park Service Y �- Wallace C. Brittain Chief Recreation and Conservation Division National Park service Southeast Region WITNESSES: S: A-ee .r STATE OF GE RGI COUNTY of FULTON n this of 2002, before me, the subscriber, personally app eared Wallace a C. r ttarin, Chief, Recreation and Conservation Divisions Southeast Region, National Park service, of the United states Department of the Interior, a governmental agency of the United States of America, and known to me to be the sane person described In and who executed the foregoing instrument, as the act and deed of the United States of America, for and on behalf of the Secretary of the Interior, duly designated, empowered and authorized so to do by said secretary and he acknowledges that he executed the foregoing instrument for and on behalf of the United States of America for the purposes and uses therein described. NOTARY PUBLIC Iles commission expires: b , Racks FILE } 1- B K# 1 7 The foregoing conveyance is hereby accepted and the undersigned agrees, by this acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained. City of Key lest, Florida By. I A I s ,.Iulio 7ager el pity A STATE of FLORIDA COUNTY OF MNRE On this Zday of 2oo2, before men the undersigned officer, personally appeared Julio Avail, to nee known and known to nee to be the sane person whose name is subscribed to the foregoing acceptance, who being by me duly sworn, did depose and say that he is the City Manager of the City of Key West, Florida, that he is duly designated, empowered and authorized by Resolution No. 99-169 dated May 20, 1999, to execute the foregoing acceptance . and sign his name thereto; and that he signed his name, thereto and acknowledges that he executed the foregoing for and on behalf of the City of Key West, Florida, for the purposes and uses therein describe " NoAY PUB M commission expires: f)fl .......... *titis *{r#f y . ... Maria G.Ratfif# MY COMMISSION#CC8 00 0 EXPIRES `++ qr = March 2Z 2903 R N D ED THPIJ TROY FAIL#INS URANC41NC a'K# 1 7 7 2, P G# 1 z z 23 EXHIBIT "A" INTERNATIONAL AIRPORT LEGAL DESCRIPTION: (Easterly Parcel, Hawk Sie): A parcel of fond located in Sections 33 and 34, Township 67 South, Ronge 25 East, and Sections 3 and 4. Township fib South, Range 25 East, on the Island of Key West, Monroe County, Florida and being more particularly described as follows: Begin at the Northeast corner of Parcel 41 , "PLAT OF SURVEY, PART OF LANDS FORMERLY OWNED BY THE KEY WEST IMPROVEMENT, INC,", according to the Plat thereof, as recorded in Plot Book 2, Page 69, of the Public Retards of Monroe County, Florida; thence S.19003'22"E,, along the Easterly Line of said Parcel 41 v distance of 16192.60 feet to the Southeast corner of Parcel 41; thence N.86*30'52"W., a distance of 974.45 feet to the Southwest corner of Parcel 41 (Southeast corner of Parcel 42); thence N,86*30"52"W.,o o distance of 487.22 feet to the West line of the East one--half of Parcel 42; thence N-19*03"221W.i. along the said West line of the Easy one—half of parcel 42 a distance of 1132.26 fleet to the North Line of Parcel 42; thence N.7T56"38"E., a distance of 450.00 feet to the Northeast carnet of said Parcel 42 (Northwest corner of Parcel 41), thence N,71T56"38*E,, a distance . of 900.00 feet to the Point of Beginning. Parcel cantvins 1906780.50 square feet, or 43.77 Acres more, or less. LESS: (FA,A,, Site) A parcel of land located an the Island of Key West, Monroe Cgunty, Florida, and known as a portion of Tracts 41 and 42, "PLAT OF SURVEY. PART OF LANDS FORMERLY OWNED BY KEY WM IMPROVEMENT, INC.", occvrding to the Plat thereof, os recorded in Plat Book 41, at page fig of the Public Records of Monroe County. Florida, and being more particularly described as follows: Commence at the Northwest corner of said Tract 41 ; thence S 19*03'22" E along the Southwesterly Line of Tract 41 , (Northeasterly Line of Tract 42) for 229.27 feet to a chain link fence and the Paint of Beginning; thence N,73*42'52"E.,, and aloe the said chain link fence a distance of 234.38 feet; thenceS.02'37'43�.. a distance of 158.45 feet; thence N.81*23'00"W-v a distance of 71 .28 feet; thence S.8X46"34,W., a distance of 236.64 feet; thence S.70'21'29W., a distance of 32.35 feet to a chain link fence, thence N.20'37'44"W., and along the chain Zink fence a distance of 22.51 feet, thence N.40*18'01"E,6# a distance of 105.31 feet. along the chain link fence; thence N 73*42"52" E and continuing along the chain fink fence for 60.73 feet to the Point of 'beginning. Parcel contains 35823.12 square feet or 0.82238 acres, more or less. r r L (14) OeteHin �cri tion. � wide ingreas & r� art: �� aerrt • (50) re nd egress as*r�nt located on the I fond of Key West► fifty foot � � � a � cad Monroe County, Ada, and being more part* lary des Northeast corner of Lot 1, COS. STA , foo �orr�rnc at � � of a throf, as recorded in Plat � , at a according to the plot on the of Monroe County, Florida, sold point oleoSoutheasterly Right-of,-Way Line lies : theb � oared � of Flagler Avenue and having Stote Plane Coordinates (k>oeed o• Fonda East Zone, 19 3/ of N 82648.2 o E 399309,88; thence S,7 '58 1 ")N.� along the said Southeastery Wight- - y � • of Flogler Avenue o di3tonce of 326.94 feet to the centerline of Govemtt load and the Point of Begi nning Centerline of aid 50 foot • easement i 25 fit on ewh tide of the ions thence S.23' 58 E., oEon the said 4D foo *�n mates and � � �+ 1 centerline o Gov mment Road a dicta nce of7.01 to the end of Road; thertce SXV00"17'E, a distonce of 280.58 feet to the the left having: a radius of 00,00 feet ant of curvature o cue to � ,� � of S. and chord central angle f � '. � o chord �r�� length of 143.39 feet; thenoe clongthe are a curve, an arc lengthof 4 of tarp a� curve; thence S.�' 2 "E., c 144.17 feet t the pointh !eft to the � t . cum of a c � to distance of .37 feet po hor •n a rodius of 1000.00 feet, c central angle of 17'26"59", a chord • 3,� feet* thence along the � of 8.8 2� 51 E, and a chord � are of said curve, an arc leng of � .55 feet to the point of tar o o • curva distonce of 236.54 fot; thence N.8 o point of crater of c � o � � ., a -distance of .��.� fit ,� � fit o mantra an of 1 Cr 7 the lei having. radius o 2� w 'r 2'E* ond a chord lei of 7. feed; thence :. :. � �rr� of �. - lit of aor� � we � curvy are arc lent of 37. 7 feet to the c •d curve; thence �. �� 3 `E, a d t� of 124.00 feet to tangency� of � t t,. having: a. r dus of �.00 the point of curvature o a cum to � of N. T �" and c feet, ametala leof 7* 243 , a � of 52,5 feet* the alb the arc of a"d curve, an arc chord �� ` thence S. 8'' length of 153,11 . 1 feet to thepointo toneoyo saido I 58 38 ., a distance of 203.98 feet; thence N.8sr33',331E,e a distance c 223.67 fait; thence .�'2� 23 a distance of 1774.37 fit to t point of curvature f a curare t the left, h�� radius of 8 . o feet, a central �. � � � a chord �� of an of �'2 W , a char �a� feet .3 �� thence atoms � arc of said cam, n arc length of 113.58 thence .1� 27"W.w a ditor�c of to � point f to�� f o�� * of curvature f curve to the right, ar is . a 81 .� � to � ant � �, f 7� � , a chord bearing of N. � radl o 1: .� �, central and , � � and a afford � � of � *87 feet' thence a long the are of so id 7 feet to t� t f tangency of said curve, thence N3oT05'05'0E,o a ate, an era n� f � distonce of 14 #54 feet to the point of crytre o a cu-rve to " fight4 hcMnl: a radius of 200#0 feat, a central angle of 6 "�E. and a chord of 1 2 . feet; 12 1 a chord bearing o ��°1 1 'r� thence � the arc of said arm, on arc l of 28.3 feet to a oar link fend and the end the center tine of a 50 foot Wtde ingress and egfvas eoser�r�t and hoe oardi � are l � . 7 and E �27 foot wide Easement Ong feet Northerly thence � a baseline of c � � s. t o and owl l th the said baseline for the of end �� fit 80 �followinghence 7 2 29 for 2.13 three rate and bounds; (2)thence N 8 ' "34* E for 233.18 feet; thence (3) S 81'23'00" E for 71.E feet to the end of the wid 38 foot wide easement and whose coordinates are N 8307 .85 and E 40312.8. 3. M. Ile 1 I L E # 1 2 9 1 2- 87 EXMBIT "B") BK# 1 7 7 2 PG# 1 2 2 FINDING of SUITABILITY To TRANSFER HAWK MISSILE SITE K v- 5 KEY WEST, FLORIDA 1,0 Purpose This Finding of Suitability to `transfer S documents my deterniination, as the responsible Department of Defense (Do component official, that the real propel and associated improvements known as Hawk Missile ile Site KW--6 (Subject Property), Naval a Air Station Key West, Florida, are environmentally suitable for deed transfer to the City of Key West Navy Properties Local Redevelopment Authority(NPLRA) for use in accordance with the NP A's Redevelopment Plan and the Public Benefit Conveyance for conservation and recreational use approved b the Department of the Interior I . This decision is based on my review of pp y information contaffied in the attached Addendum to the nviron-nental Baseline Survey S > and the Reuse Plan developed by the NP RA.. Factors leading to this decision and other pertinent information related to property transfer requirements are stated below. 2,0 Pro eftDeser�ption The Subject Property comprises±43 acres of land acquired by the United States in 1964 for the establishment of an Anny Shore Defense Unit, Hawk Missile Command as further described in the attached EBS. 3,0 Past and Pn osed Reuse The land was undeveloped with an extensive system of salt ponds at the fines of acquisition. The Army filled some of the ponds to allow construction of the mobile launch equipment pads and bey. The property was transferred to the Navy 1n the early 1980s. The Navy had no operations on the Subject Property. A.Vietnam Veterans group obtained a license from.the Navy in 1994 for use as a "stand down" location. Proposed use would include medical checkups, meals, and clothing d persement. Altir ately, the group set up residence tents p and occupied the property RiU'tfn.e. The Navy nuu .ed the license in 1 . At no time during the documented Government ownership of the Subject Property has it been used as an industrial site. The Subject Property is currently vacant. Proposed land use is for conservation and recreation. 4.0 Environmental Findi� s All available information co .cenmg 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 .tervie vs and on-site visual mspections conducted is contained in the attached EBS. The Subject Property has been inspected annually since 1994. The fo .o ing paragraphs sununarize those findings and corresponding DoD condition of property classifications assigned to the Subject Property: A. Hazardous Substances Contamination An Addendum for Transfer (AFC) has been prepared documenting additional information acquired since development of the EBS. A Site Inspection, conducted in Pagel o FINDING of SUITABILITY To TRANSFER HAWK MISSILE SITE (KW-65) K Y WEST, FLORIDA 1998 detern fined there had been hazardous substances releases resulting in levels above residential action levels in the followng locations; Subzone (DLqlaa e Area : Dibenzo a h anthracene was detected at 122.3 g g excess of its 1 oo,ug action level in one soil sample. Arsenio was detected at the FDEP residential action level of 2.7 mg/kg. Telephone poles treated with creosote had been stored in this area and are considered to be the cause of the release.. The conclusion was that no der action was necessary for s b one 1. TTN s, 1.998) dub one (Ponds-Sedirnen* : Several inorganics were detected in excess of their FDEP action levels at various locations. Lead was present above its action level of 34.19 mg/kg Mn all locations. Two semi-volatile organic compounds Sv C were detected in excess of their action levels at SD-05. One pesticide, , '-DD , was found in excess of its action level at SD-05 and SD-o . No VOCs were detected. The investigation included a calculation of noncarcinogenic risks for aluminum, barium, copper, vanadium, and zinc. The calculations indicated none of these organics presented significant human health risks. Ecological risks were also calculated. AR ehernical detected in excess of their action levels exceeded ecological.guidelines. Most; however, only slightly exceeded their threshold effects level or were infrequently detected. (TfNus, 1 Lead found in sample SD-05 was the only inorganic,that was considered to pose potential ee l gical Frisks. Four other chemicals-found in sample SD- 05 were found to exceed the most conservative ecological.guidelines (cadmium, bis(2- eth lhexrl) hthalate, 4,4-DDE and butyl bend phthalate). It was decided that an interim removal action.(IRA) should be conducted at sub one 9. A drawing showing the location of the sub--zones is attached to the Addendum for Transfer as Attachment 1. The IRA resulted in the removal of soil and sediment from two locations as shown Attachment 2 to the Addendum for Transfer. The excavation at SD-0 was filled with clean fill to return the area to grade. A proposal of no frther remedial action required was entered in the Decision Document for Ten Base Realignment and Closure (BRAS Sites,Naval Aar Station Key west, Florida DD . Public comments were eeeived on this proposal and incorporated into the DD. B. Petroleum Contamination One 2,000-gallon aboveground storage to (AST) was removed from.the Subject Property in 1996. Sampling conducted during the site closure indicated the presence of diesel f el in the soil. Soil was excavated and disposed of during the interim removal action conducted ire 1999. 'age 2 of 5 FILE 2 9 1 287 FINDING of SUITABILITY To TRANSFER HAWK MISSILE SITE KW-65) KEY WEST, FLORIDA C. other Environmental Aspects 1. Asbestos-Containing Material (ACM) Non-friable asbestos#con.�tam' m* g material.(ACC was observed only in the rain administration building in the form of vinyl floor tiles and transite paneling during the 1994 site visit. During the licensed use in 1995-1996 by the Disabled Vietnam Veterans,, the building was gutted and rebuilt. This building was transferred to the FAA in 1999. The r # buildings ,which are included this transfer, did not contain ACM. 2. Lead-Based Paint (LBO') During an annual site visit in 1996, the inspection team noted cans eked"lead-paint' were stored in a.a adjacent bunker by the veterans group. Therefore, it is presumed that the veterans group did apply lead-based paint to the exteriors and possibly the interior of the buildings. These structures are not considered target housing. A Lead-Based Paint Hazard Notice is provided as Attaclunent 1 to this FOOT. .o Polychlorinated Bi henyls (PCBs) Three pad-mounted transformers were located inside a fenced enclosure on the Subject Property. At some point in time after the Army vacated the property, the cores were stripped by trespassers and dielectric fluid was released. Initial sampling of the area indicated very low levels of PCB concentrations were present in the soil. Subsequent same by NAS Key west did not indicate any PCB contamination. Three soil samples were taken outside the enclosure and one inside during the 1998S1. Alum nurn, bariun-, cadmiunn, chromium, copper, iron, lead, manganese, nickel, thallium,tin, vanadium, and zinc were detected at concentrations below thek action level. One PCB arochlor-1.2 0 and one SV C bis(2-et 1hexyl) hthalat ) were detected below their action levels. No further remedial action was necessary 4.0 Radon No radon survey was conducted at the Subject Property. Due to the results from radon sampling conducted at Sigsbee lark, there is no expectation that radon is present at the Subject Property in quantities that exceed the EPA.action level of 4 picoCuries per Liter. 5.0 .e irements Applicable to Transfer A. National Environmental Policy Act 1 'A An Environmental Assessment was prepared in accordance with the National Bn iromnental Policy Act requirements to assess the potential environmental impacts associated with the proposed transfer and reuse of the excess property. The Finding of No Significant Impact was signed in February Zoo r Page 3 of 5 x T- L E # 1 2 9 1 BK# 1 7 7 2 PG 9 1 2 2 FINDING of SUITABILITY To TRANSFER HAWK MISSILE SITE (KW-65) K Y WEST, FLORIDA B. Hazard Substance Notice In accordance with Section 120(h)(3)(A of the Comprehensive Environmental Response, Compensation, and Liability Act CERCL . , the deed transferring the Subject Property must provide notice as to those hazardous substances which it is known, based upon a complete search of agency files, were stored for one year or more, released, or disposed of on the Subject Property and all response actions taken to date. lit of hazardous substances detected on.the Subject Property and the appropriate response taken is attached to this FOST as Exhibit 1. C. CC . Covenants In.accordance with C RC A Section .20(h)(3)(A , the deed transferring the Subject Property shall contain a covet warranting that all remedial action necessary to protect human health and the environment with respect to any hazardous substance remammg on the property has been taken before the date of transfer. In accordance with CERCLA Section I20(h)(3)(A)(ii)(ll , the deed trans'ferring the Subject Property shall contain a coven nt warranting that any additional remedial action t found to be necessary after the date of transfer shy be conducted by the United States. D. CERCLA Access Clause .� In accordance with C RCL 12 h (A)(iii), the deed transferring the Subject Property shall contain a clause granting the United States access to the propel in any case in which a response action or corrective action is found to be necessary after such date at such property, or such access is necessary to cagy out a response action or corrective action on adjoini g property. The right to enter to be set forth shad.include the right to conducts tests, investigations, five-year re ie ors, surveys, and,, where necessary, drilEng, test pitting, boring, and other s xfar activities. Such right shall also include the aright to construct, operate, maintain, or undertake any other response action or corrective actions 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 appropriate and applicable e xvir =ental regulations. E. Land and/or Groundwater Restrictions There are no groundwater or land restrictions associated with the transfer or reuse of the Subject Property. The Subject Property contains several salt ponds and any development of the property wil.1 require compliance with applicable federal, state, and local wetlands and environmental lags and regulations. i Page 4 of FILE J. 2 9 i2e K -L 7 7 2 PG# 1 2 2 9 FINDING of SUITABILITY TO TRANSFER HAWK MISSILE SITE (KW-65) K Y WEST, FLORIDA F. Indemiairication The federal goverment shall hold harness, defend, and indemnify the N R. .and anny 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 m' Jury or property damage that may result from, or be predicated upon, the release or threatened release of any hazardous substance, pollutant, contaninant, petroleum product, or petroleum derivative resulting from Department of Defense activities on the property subject to the conditions specked in and to the extent authorized by Section 330 of Public Law 1 o2- , as amended by Section 1002 of Fubhc Law 103-160. G. Environmental Compliance Agreements/Permits/Orders The Navy acquired a wetlands pest to remove the contaminated sediment from the pond. This permit remains in effect, The State of Florida must be notified of the transfer within the days of execution of the transfer/conveyance documents. 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 Draft FOSS'were also made available for public review during a Been-day public comment period. All regulatory agency and public comments received were considered and incorporated as deemed appropriate, ,Any unresolved comments and the Nav 's responses thereto are included s Attaclunent 2 to the FOST. Copies of all transfer documentation provided to the NP RA will be made available to the U.S. EFL►.and FDEP representatives upon request after execution of the same. .o S ita iffi Determination NOW THEREFORE,, based upon my review of the infonnation contained In the attached BS as well as the 1P . .'s Reuse Plan,, 1 have determined that the Subject Property is presently suitable for transfer to the NPLRA fo the intended purpose. C)o Date T.F. RS S01 , CDR, C C, USN Acting Commander Southern Division Naval Facilities Engineering Conmmd North Charleston, S.C. Page5 of 5 FILE # 1 291 287 Ma"IT CCU) 8 7 7 2 PG# 1- 2 3 0 ADDENDUM FOR TRANSFER HAWK SCISSILE SITE (KW.65) NAVAL AIR STATION KEY WEST, FLORIODA The Base Closure and ReaIUgnment Act BRAG) of 1990, ordered the realignment of Naval Air Station Key West, Florida. Under the realignment, Hawk Missile Site (KW. was determined to be excess to the Department of Defense (DoD) mission. Au Environmental Based Survey ea ignment Parcels (EBS), which included KW- 5, was prepared in August 1998. This Addendum updates the env ro=ental condition oft 43 acres of land and improvements (subject propel) at Hawk use Site KW- sin sinFe august 1998 and supports the detemiination that the subject property is suitable for transfer to the City of Key West under the public Benefit Conveyance through the Department of Interior for conservation and recreational use. The subject property is bordered on the south by the Key vest International Airport, on the north by lagler Canal, and on the east and west by woodlands and wetlands. Surface soils at Hawk Mssile Site(KW-65) were investigated as part of the Phase I Site Inspection S1 under the Navy's BRAG instauatlon Restoration Program. Sections of the S1 specific to the subject property are attached to this Addendum as Attachment 1. A.copy of the SI is located in the infonnation respository at the Key West public Library. Subject propel was divided into 13 subzones to be investigated. Based on-known information, ubzones 2, 3, 8, 12, and 13 were eUminated from further consideration. Subzone l (Drainage Area), subzone (Sewage � Station), subzone 5 (Generator Building -� 36 , subzone6 (Bumt Budding 1-653 --Former Transformer,Missile Maintenance Bad'), and subzone 7 (Former Transformer Storage Area) were investigated for soil contamination. Sub zones 9 and 10 (ponds) were investigated for sediment (eight sample locations) and surface water(seven sample locations) contamination,respectively. Three permanent monitoring wells were placed in subzone l 1 (groundwater). Analytical results from the soil, sediment, surface grater, and groundwater were compared to a presidential set of action levels. Mote: one of the three monitoring wells MW0 and subzone 4 are within the boundafi s of the FAA transfer and are aot discussed in this Addendum. The follo ring paragraphs sumnwize the findings of the Si. Subzone l: Inorganics such as aluminum, arsenic, barium, beryllium, chromium, copper, iron, lead, manganese, mercury, nickel, thallium, and vanadium were present in the surface soils but levels did not exceed U.S. EPA or Florida Envirorunental Protection Department (FDEP) action levels. Arsenic was detected one sample at its residential goal action level of 2.7 nuerog�rams per kilogram(mg/kg). of the semivolatile orgamc compounds SV Cs analyzed, only one compound, diben.zoa,hanthracene, slightly exceeded its FDEP action level. libenoa,hanthracene is a polnuclear aromatic hydrocarbon(P�, which is usually associated with creosote or asphalt* The City of Key West had stored creosote-treated utility poles this area in the early 1990s. Volatile organic compounds (VOCs) found anal tes of acetone and methylene chloride but below action levels. Subzone 5: No anal tes detected exceeded U.S. EPA.or Florida Environmental protection Department (FDEP) action levels. inorganics such as aluminum, barium, chromiun-4 iron, lead, manganese, nickel, seleniuma thalliuna, and vanadium were present in the surface sods. One SV C (Bis(2-ethy1hexy1)phtha1ate) was detected. VOCs detected include acetone,methylene chloride, tetrachloroethene, and toluene. Page l of FILE 41291 287 .. 7 7 2 PG# 1 2 . ADDENDUM FOR TRANSFER HAWK MISS11LE SITE (KW-65) NAVAL AIR STATION KEY WEST, FLORIDAi Sub one 6: Inorganics detected below their respective action levels were alu nin=4 bariun-, chr rmurn, iron, lead, manganese, nickel, tha hun and vanadium were present in the surface soils, One SVOC 1,2,4-trichioroben ene and two VOCs (acetone and toluene) were detected below their action levels* Sub one 7: Inorganics such as aluminum, bariurn, eadmiuna, chromium, copper, iron, lead, manganese, nickel,-tin, vanadiurr4 and zinc were present in the surface soils but levels did not exceed U.S. EPA or Florida Environmental Protection Department(FDEP) action levels. Thallium was detected in one sample above its screening level. As determined during the data quality objective process,the frequency of detection of thallium indicated a systematic equipment error from the lab and, therefore, the detections would not be used to drive a response action. No VOCs were detected above their action levels. One polychlorinated biphenyl PC arochior-l 260 and one Sv C (bis(2-ethy1hexy1)phtha1ate) were detected but below action level. Based on the information generated by the S1 and the projected reuse of the property for conservation and recreation, the PDP, EPA, and Navy reviewed the data and determined that no farther remedial action was needed for subones I, 53 6, and 7 soil. S ubone : Figure 2-7 of.attachment 1 to this Addendurn shows the locations of analyes that exceeded action levels. Eight sediment samples were taken of sediments in,,ponds and one stormw ter collection area.. Alurriinum and vanadium were detectedn excess of their action levels at two locations. Barium and zm* c found in sample SD 4 exceeded their action levels. Copper exceeded its action level only in sample SD l, Lead was detected above its action level of 34.18 mg/kg in all sampling locations. Chrox iur-n, iron, manganese, and nickel were detected but not above their actions levels. Sampling location SD 5 results indicated that lead, b 2-- ehylhexylphthalate,butyl benzyl phthalate and 4,4r-DD , a pesticide, were present above their action levels. 4.4'-DDE was also detected above its action levels-in sample SD . The SI estimated noncarcinogenic mks for each chemical detected excess of its action levels. The estimates indicated that none of the exceedances of aluminum, barium, copper, vanadium, or zinc presented significant human health risks. The chemicals which exceeded their action levels in sediment did exceed ecological guidelines, but most of these were only slightly above their threshold exposure level, or were infrequently detected. Lead found at SDO5 was the only exceedance to present a potential ecological risk. The location of SD05 contained more chemical analytes that exceeded the most conservative ecological guidelines than any other sample location. Based on the findings of the SI, the FD P, EPA., and Navy decided to:perform an interim removal action(IRA.) in sub one 9. A Supplemental Site Inspection performed for the sites requiring fluther action is located in the information repository. The planned IRA at SD05 required the acquisition of a wetlands permit from FDEP and the Army Corps of Engineers. This pernt is in effect and will be transferred to the City of Key west upon transfer of the subject property. The IRA performed at sub one 9, SD ,removed I foot of sediment frorn the pond and two feet of soli from around SDO8 as shown below. Page 2 of 4 VF vp IL E .2 9 1 P ,# 1 2 3 . ADDENDUM FOR TRANSFER HAWK MISSILE SITE (KW- 5 NAVAL AIR STATION KEY WEST, FLORIDA STATION i3N F �{ '65 2 � �� 1-B5� U � 15529 D AST LOCATION SMELTER - 3-....LA �--...,.... -... 03 STrpf MMIrCJflR J.ef .. FORWER 2000 GAL, AST 1. T 4 TRM S F.� trrt+saa, ,58 w•+ Excavated Area WATER WATER Red to 1 Foot Exuted to 2 Feet - 7pp�t6 After removing 93 cubic yards of soil and editnent, the excavations were resampled to confirm that the chenmcals of concern were removed. The co tort'sampling indicated that the concentrations of alp una, lead,, and vanadium were reduced below their action levels. The pesticide, 4,4'-DDE was not detected at either location after the soil/sediment removal. Clean fill was placed in the excavation.at SD08 and the area was retuned to grade. Based on the co a ory sampling it was decided that the IRA had remediated the site adequately and no Rrther remedial action was necessary. The Nary also removed a sma amount of pe roles contaminated soil from around monitoring well MW-03 during the IRA. A.2,000 ga -on-diesel fuel tank inside a concrete secondary containment structure had been located near the well. The petroleum contamination was probably from tank wing operation. Confirmatory sampling indicated that all of the petr le n- contaminaed soil had been removed. P , Smbone 10: Samples taken from the surface waters at KW-65 indicated that iron was the only substance found exceeding its action levels in one location SW . Lead and iron were detected but below their screening levels. No SV Cs were detected in the surface waters. Iron did not present a significant noncareingenc human health risk. iron was the only chemical that exceeded ecological guide nes. However, it did not exceed ecological guidelines for soil. It Wage 3 of 4 FILE # .. 291287 1 7 7 2, PG# 1 2 ADDENDUM FOR TRANSFER HAWK MISSILE SITE KW-65) NAVAL AID. STATION KEY WEST, FLORIDA appears the iron is not collecting in the sediment and no other chemical exceeded the ecological guidelines. The conclusion for sub one 10 is that no farther actionis.necessary. Sub on 11: Two groundwater webs MW-- 5 and MW-0 were installed in the portion of KW- 65 addressed by this Addendum. ariurrr iron, lead, and Inc were detected Mn the groundwater samples taken from the two wells but neither chemical exceeded its screening values. single OC, vinyl chloride, was detected in excess of its screening value at MW-05 but no where else. Other VO C ,1-di Moro ethane and 1,1-diel or e he e were detected but below their screening values. No SV Cs were detected. Groundwater concentrations of the analytes.that exceeded their screening values were compared to surface water screening values as ecological receptors are not directly exposed to groundwater and no groundwater thresholds have been developed for ecological concems. Cinder this more conservative sce=io, arsenic was detected in four ofr ne groundwater samples. The highest concentration was located at the FAA site. The highest concentration for the KW-65 parcel was 7.51 ugly which is below the FDEP marine surface water action level of 50 gg L. Vinyl chloride, detected at 8.6 AgAL, has no EPA Region 4 or FDEP ecological screening level but the detected concentration is well.below the EPA Region screening level of 224,000 gg . Also, vinyl chloride was not detected in any surface water or sediment sample. Therefore, the recommended action for groundwater at KW-65 is no farther action. The Navy y prepared the Decision Document for Ten Base Rea ign rent and Closure (BRA Sites, Naval Air Station Key Wiest, Florida , to document the decisions concenng actions taken at and further action proposed for the BRAC sites. The DD included KW- . This document was presented to the public, FDEP, and EPA for review and comment in September 1999. Comments were received and incorporated into the document. The remedy selections noted in the Decision Document will he implemented, as necessary, through the Findings of Suitability, Land Use Controls, and deed restrictions. .s noted M' the EB S, lead-based past (LBO') may be present on any of the painted structures renla=g at KW-65. The structures are not "target housing" as defined by 24 CFR 35 and 40 C R 745 and are not proposed for reuse as target housing.. Based on the findings of the EBSL and the 1997 SI,the subject property may be classified� accordance with joint Do DiU.S. EPA guidance ark Green.(areas where a release of a hazardous substance has occurred, and all remedial actions necessary to protect human health and the environment have been taken.) 4De KAREN SNGRAS Environmental protection Specialist ageof .. ... .'r,:::r+.'r.. .... .. .. .n-+...vro�.. „-1,.>--,.,�r x-.,...,....v..-.-.,v+o.rk'.,x�.1 ..�....._::.....x.':..'.'.w+•.0... '/-v .:Cs 'Y 'c:.'":CY= 3t;'S r..t _ _ 0}4—} fY.�: :.4s ..... ,. .. v r,c. w.y._ r^".. .k ... {..•r r"' .. ::.Y..t:.+^k. :".Y...:J, v+eY':. •.`�k'' ""�v}.' :{°1:'v`"",''',':J{� r:.:"'f...,. _ .. ....v,f /+%'h t'+[' ::\.v:}✓.. }../Y__ _...._.. ..,.:...... ..:...v ..: w4 t.nt`"x*•.^* .... .... .v { t ..:.. ...��. ..,.v....k..............v...k....k.:.. :.jr:�.f �..:[t:-�.s 'F. .�j fin. FILE 1 2 91 P3 -7 7 2 --L 2 34 EXFHBIT CD)l ra I ,.. 0 0 0 00 E-i a 0 u z 0 0 4-4 cip ID kn co *., O ,--w •--� ,--{ ONROE COUNTY ATTACHMENT B RESOLUTION NO. 07-115 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST. FLORIDA, APPROVING THE ATTACHED DEED OF CONSERVATION EASIMENT BETWEEN THE CITY OF KEY WEST AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AT THE HAWK MISSILE SITE; PROVIDING FOR AN EFFECTIVE DATE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS Section 1 : That the attached Deed of Conservation Easement is hereby approved. Section 2 : That this Resolution shall go into effect immediately upon, its passage and, adoption and authentication by the signature of the presiding officer and the Clerk of the Commission. Passed and adopted by the City Commission at a meeting held this 3 day of April 1 2007 . Authenticated by the presiding officer and Clerk of the Commission on April 4 , 2007 . Filed with the Clerk April 4 , 2007 MORGAN M HERSON, MAYOR AT • CHERYL SMI'I' CITY CLERK "lot EXECI I IV SUMMARY d i i I✓ J�' f wm r I �y�,6iYllfdim To: Julio Avael, city Manager FROM: E. David Fernandez, General Services Director DATE: March 20, 2007 SUBJECT: Approval of a Conservation Easement with the South Florida Water Management District at the Hawk Missile site Action statement: Approving a conservation easement at the Hawk Fissile Site with the South Florida Water Management District (SFWMD) consistent with the terms of the Impact Assessment and Mitigation Plan agreement between the City and S FWMD associated with the maintenance of our stormwater system. Strategic Plan/Business Plan: Stormwater improvements and environmental preservation play a critical role in both the City's Strategic Plan and Business Plan under the Environmental Management category. Background: The South Florida Water Management District and the US Army Corps of Engineers have informed the City that its emergency work last year in clearing and trimming mangroves and salt marsh to maintain the function of our stormwater system required permits under their State and federal regulatory jurisdiction. To address the enforcement action taken by these agencies, the City has prepared an impact assessment and mitigation plan agreement with the SFWMD. This conservation easement is required as per this agreement. Purpose & Justification: As part of this easement, the City agrees to protect existing natural habitat in the Salt Ponds surrounding the Hawk Fissile site. In addition, the City will plant red mangroves in designated areas of this property, and provide conditions favorable to future native plant growth. The City will also perform work to greatly improve the flow of water between the ponds. This will facilitate tidal flow, improve water quality, and assist the surrounding neighborhood in flood recovery. Options: 1. approving the conservation easement with the south Florida Water Management District. This option is consistent with preservation requirements in the original land conveyance. 2. The City could choose not to approve the easement. However, not approving the easement would result in legal proceedings that will result in significant monetary or additional mitigation penalties for the City. Financial impact: This easement is part of an agreement that will augment the City's short and long-term capital improvement plan for our Stormwater Utility. Projects within the mitigation plan will be financed and planned within the Utility's existing and future annual budgets. Recommendation: The staff recommends option ##1, the approval of the conservation easement agreement with the south Florida Water Management District. :urn r=rded dDmnent to: Smith.Fbdda water Mamigemed District 3101 than Club RDad,MSC West PWm Bewh,FL 33406 DEEM of CONSERVATION FASE TWS DEED OF CONSERVATION EASEMEW is given this day of 20,by the City ofI ey west ('grantor") whose rna ing address is to the South Florida water Management District ("Grantee"). As used herein., the terns "Grantor" shall include any and all heirs, successors or assigns of the Grantor, and of subsequent owners of the 'Property" (as hereinafter defined) and the tern. "Grantee" shall include any successor or assignee of Grantee. WITNESSETH WBEREAS, the Grantor is the owner of certain lands situated in Monroe bounty,Florida,and more specifically described in Exhibit"I"attached hereto and incorporated herein("Property"); and WBEREAS, the Grantor desires to provide negation to address catain unauthorized aches at sites in Monroe County, which are subject to the regulatory jurWictiun of South Florida Water Matwernent District("District");and WHEREAS, District Consent Order No. ("Consent Oder")authodm this 111itiga#on;and WEEREAS., this Consent order requires that the Grantor preserve enhance, restore and negate wetlands and uplands under the District's Jurisd cti.on;and w]HEREAS, the Grantor, in consideration of resolution of the enforcement case against Grantor as addressed M the Consent Order? i s agreeable to granting and to the Grantee a perpetual Consmvation Easement as defined in Section 704.06, Florida Statutes, over the area descnbed on Exhibit"11"("Conseivation Easemenf'). NOW, TBE EFORE, Grantor hereby grants, creates, and establishes a perpetual Conservation Ea anent for and in favor of the Grantee upon the property described on Exhibit "W" which shall run with the land and be binding upon the Grantor, and shah remain in full force and effect forever. Form No. 1190Standard Rev.03/2006 The scope,nature,and character of this Conservation Easement shall be as follows: 1. st The recitals hereinabove set forth are true and correct and are hereby incorporated into and made a part of this Conservation Easement. 2. . it is the purpose of this Conservation Easenwnt to retain land or water areas m their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retains such areas as suitable habitat for fish, plants or wM fe and to be consistent with the provisions of the Quitclaim Iced conveyed from United States Department of Interior and the Department of Defense (Exhibit rR) to the City of Key west for a public park and recreational area. Those wetland and/or upland areas included in this Conservation Easement which are to be enhanced or created pursuant to the Consent Agreemeift shall be retained and maintained in the enhanced or created cordons required by the Consent Agreement. To carry out this purpose,the following rights are conveyed to Grantee by this a, To eater upon the Property at reasonoble times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the tinre of such entry;and b. To Ocin any activity on or use of the Property that is inconsistent with this Conservation Easenumt and to enforce the re9toration of such areas or features of the Conservation Easement that may be damaged by am mcor istent activity or use. 3. RLohibiW Vam. Except for restoration, creation., enhancement., maintenance and monitoring acdvifies, or surface water management improvements, or other-activities described herein that are pemaitted or required by the Consent Agreement, the following activities are prohibited in or on the Conservation Easement: a. Construction or placing of buildings, roads, signs, billboards or other adverfising,utilities, or other-structures on or above the ground; b. Dmping or placin of soil or other sub"ice or matetial as landfill, or dumping or placing of trash,waste,or unsightly or offensive materials; C. Removal or destruction of trees, shrubs, or other vegetations except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such rnamxT as to affect the e. Surface use except for purposes that permit the land or water area to rernam in its natural or enhanced condition; Form No. 1190 Standard Rev.03/too f. Activities deftimental to drainage,, flood control, water conservation, erosion control, soil conservafion, or fish and wildlife habitat preservation inclu ing, but not: limited to, ditching, diking and fencing; g. Acts or uses detrinental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of the structural integrity or physical appearance of sites or properties having historical., archaeological, or cultural significance. 4. Passive RpgeatiLoW-F •. . Grantor reserves all rights as owe- of the Property, including the right to engage in use's of the Property that are not proluNted heriein and that are not � 10 nsistent with any Distfict rule, ateria, the Consent Agreement, provisions of the Quitclav' n Ind conveyed from.United States Department of Interior and the Department of Defense ONhibit 1H.), and the intent and purposes of this Co 'on Easwvw. Passive recreational uses that are not contrary to the purpose of this Conservation Easement and the Quitclaim Deed conveyed from United states Deparfimd of Interior and the Departnient of Defense (Exhibft IR) may be permitWd upon written approval by the District. a. The Grantor may conduct United land clearing for the purpose of constructing such pervious facilities as docks,boardwalks or mulched trails. b. The construction and use of the approved passive recreational facilities shall be subject to the following conditions: i. Grantor shaU . . and avoid, to the fullest extent posm'ble, impact to any wedand or upland buffer areas within the Conservafion Easemera Area and shall. avoid diverting the direction of the naftwal surface water flag in such area H. Such Wfifies and iml"vanetft shall be constructed and . . . Best MuWenwaA Practices; 'W. Adequate containers for litter disposal shall be situated adjacent to such facilities and improvements and periodic ' ions shall be irtst%tuted by the mairtenance ea*, to clean any litter from the area wrrounding the facilities and improvements; IV. This Conservation Easemett shall not constitute permit authorization for the construction and operation of the passive recreational facilities. Any such work shall be subject to all applicable federal, state, Dist ct or local permiffing requirements Form No. 1190 3 Standard Rcv.03/2006 5. Cn-aatRight§. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistert with any act rule, criteria, pern t and the intent and purposes of this Conservation Easenumt and the provisions of the Quitclaim. Deed conveyed from United States Department of Interior and the Depwiment of Defense Pb-bh II). 6. Xo.Dedicatipn, No right of access by the general public to any portion of the Property is conveyed by this Conservation Easement. 7, Grant sjjgWj shall not be respon4ble for any costs or liabilities related to the operation,upkeep or nu6ntenance of the Property, 8. rropgft,T es. grantor shall keep the payment of taxes and assessments on the Easement Parcel current and shall not allow any lien on the Easement Parcel superior to this Easement. In the event Grantor fails to extinguish or obtain a subordination of such lien, in addition to any other remedy, the Grantee may, but shy not he obligated to, elect to pay the lien on behalf of the Grantor and Grantor shall reimburse grantee for the amount paid by the Grantee, together with Grantee`s reasonable attorrwy's fees and costs, with interest at the maximum rate allowed by law, no later than thirty days after such payment. In the event the Grantor does not so reimburse the Grantee, the debt owed to Grantee shall constitute alien against the Easement Parcel which shall auutomaticagy relate back to the recording date of this Easement. Grantee may foreclose this lien on the Easement Parcel in the manner provided for mortgages on real property. 9. Efl&SMent Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of grantee to exercise its rim hereunder in the event of any breach hereof by grantor, shad not be deemed or construed to be a waiver of Gramme's rights hereunder. 10. will hold this Conservation EasenmA exclusively for conservation purposes. Grantee will not assign its rights and oblations under this Conservation Easament except to awther or `on or a w*qualified to hold such interests under the applicable state laws. 11. Severab' ' If any provision of this Conservation Easetnett or the application thereof to any person or ctrcumstances is found to be invalid. the remainder of the provisions of this Co 'on Easement shoo not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. & 4 shall insW the terms and ructions of this Conservation Easement in any subsequent deed or other leggy instrument by which Gmntor divests itself of any interest in the Conw vation Easement. 11w Grantor shall comply with all the provisions of the Quitclaim Deed conveyed from United States Department of Interior and the Department of (Exhibit M) and be subject to all applicable provisions of the Clean water Act of 1977, Form No. 1190 4 Standard Rev.0312006 Executive Order 11990 for protection of wetlands, Executive Order 11988 for Floodplain Management and Title 14, Code of Federal Regulations (CFR) Fart 77, entided "Objects erecting Navigable Airspace". 13. written All notices, consents, approvals or ether conmiumcations hereunder shall be in writing and shall be domed properly given if sent by United States certified nil, return receipt requested, addressed to the appropriate party or successor-in-interest. 14. lVlodihcaans. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their hers, assigns or successors-in-interest,which shall be filed in the public records in Monroe County. TO HAVE AND TO HOIL D unto Grantee forever. The covenmAs, ternis, conditions, ructions and purposes imposed with this Conservation Easement shall binding upon mentor, and shall continue as a servitude ' m' perpetuity with the property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property' fee simple; that the Conservation E&wmient %s free and clear of all er=ffibrances that are inconsistent with the terms of this ConservationEasement; and all mortgages and liens on the Conservation Easement area, if any, have been subordinated to this Conservation Easement; and that Grantor has good right and lawful authority to convey this Conservation ;and that it hereby fully warrants and defends the title to the Conservation E&sement hereby conveyed the lawful claims of all persons whomsoever. Form No. 1190 5 standard Rev. 03/2006 III WITNESS -VHElEOF, (grantor) has hereunto set its authorized hand this day of 20 a Florida corporation By: r' Pant e: Title: ,rll Cola Signed, sealed and delivered in our a ence as wit ses: By.- Print Name. By. , k"t4_ L■ U S� r Print Marne. ��11 0 STATE OF FLORIDA COLINTY OF On this day of 20 - - - before nie, the andersiped no 'Y public, personally appeared the person who subscribed to the foregoing instrwnent, as the r#"A& (title), of (Corporation), a Florida corporation, and a --novAdged thd he/ executed & same n behalf of said corporation and that he/she was dully authorized to do so. He/She is Personally know to me IN WITNESS WHEREOF, I hereunto set my hand and official seal.. NOTARY PUBLIC, STATE OF FLORIDA 01 / A214 Print Name: Pamela S. DeMala M Comnussion E ires. fir►: *:cv:C��sn � 97 ;� •.rar.•• ♦ Expires September 7 2010 �i1►Fl+'�Farm No. 1190 6 �nded Tmy Fain-insurance,inc b0fh385.10t8 Standard Rev. 03/2006 copyQUITCLAIM DEED XJ DANNY L KOLEAG9, CLERK The UNITED STATES OF AMERICA, acting by and through the Secretary of the actrn b and through the Regional Director, Southeast Region, lnteriorx � � ]� � National Park Service, (hereinafter designated "GRANTOR') under and p � pursuant to the power and authority contained in the provisions of the Federal Propel and Administrative Services Act of 1949 (63 Stat. 377), as amended, particularly as amended b Public Lary 485, g1 st Congress, and regulations and parts � � t . orders promulgated thereunder, and a delegation of that authors to the and orde , p � et of Defense (SECDEF) in accordance with the Defense Base Closure Secr ary and Realignment Act of '1990, Public Law 1 o1-51 Q, 10 U.S.C. 2687 note, as and a subsequent delegation of the authority by SECDEF to the amended, �Secret ary of the Navy, far and in consideration of the perpetual use of th e hereinafter described premises for public parr and public recreation area purposes � oses b the City of Key West, Florida, (hereinafter designated "GRANTEE"), �doer hereby release and quitclaim to GRANTEE, and to its successors and ns subject to the reservations, exceptions, restrictions, conditions and assigns, � covenants hereinafter expressed and set forth, all GRANTOR S right, title and interest st in and to the following described property, consisting of 43.77 acres in fee, mown as the Hawk missile Site, at the former Naval Air Station, Key West, Monroe County, Florida and being more particularly described in EXH 1 B 1T "K, attached hereto and incorporated herein by reference. THIS CONVEYANCE is made subject to any and all existing rights-of-way, eas ements, covenants and agreements affecting the above-described premises, whether or not the same now appear of record. TO HAVE and to Hold the here i nbefore described property, subject to the re servations,onsr exceptions, restrictions, conditions and covenants herein expressed and set forth unto the GRANTEE, its successors and assigns, forever; The GRANTEE acknowledges that it has inspected, is aware of, and accepts the condition and state of repair of the PROPERTY, that the PROPERTY is conveyed "as is" and "where ie without any representation, promise, agreement, r warranty on the art of the GRANTOR regarding such condition and state of o p repair, or regarding the making of any alterations, improvements, repair or additions or as to its usability generally or as to its fitness for any particular purpose, and that the G RANTO R shall not be liable for any latent or patent defect ©fect in the PROPERTY, except to the extent required by applicable law and r ■ r r r except for the covenant representation and indemnities of GRANTOR contained � p herein. EXHIBIT .ram" FIGS # 1291 287 BK# 1 7 7 2 PG# 1 2 1 5 P U RS UANT to au thon"ty contained in the Federal Property and Administrative S env r ces Act of 1949, as amended, and applicable rules, regulations and orders promulgated thereunder, and a delegation of that authority to the Secretary of Defense (SECDEF) in accordance with the Defense Base closure and nt Act of 1990 public Law 1 o 1-51 o, '1 o U.S.C. 2687 note, as Realignment he d a subsequent delegation of the authority by SECDEF to t amended, an �secretary of th �, �e Na the Department of the Navy determined the subject propel to be surpl us to the needs of the United States of America and • e property to the Department of the Interior for further conveyance to assigned the pr p rt�i p the ity of Key West, Florida. D and understood b and between the GRANTOR and GRANTEE, IT IS AGREED Y . GRANTEE, b its acceptance of this deed, does acknowledge its and the � � y understanding g din of the agreement, and does covenant and agree to itself, and its successors and assigns,forever, as follows: 1. This property shall be used and maintained for the public park and recreation purposes for whi ch ch it was conveyed in perpetuity as set forth in the program of utilization and plan contained in the application, submitted by the GRANTEE in which program and plan may be amended from time to time at the �upr`rI �#��, wh p g p request of either the GRANTOR or GRANTEE, with the written concurrence of the other party, and such amendments shall be added to and become a part of the original application. 2. The GRANTEE small, within 6 months of the date of the deed of conveyance, erect and a permanent ermanent sign or marker near the point of principal access to the conveyed area which says: This park land was acquired through the FEDERAL LANDS To PARKS PROGRAM of the United States Department of the Interior National Park Service, for use by the general public. This roe shall not be sold, leased, assigned, or otherwise disposed of �. Th property sty • except g t to another eligible governmental agency that the Secretary of the Interior agre es in writing can assure the continued use and maintenance of the property for pub p or public ark public recreational purposes subject to the same terms and io s in the on final instrument of conveyance. However, nothing in this conditions g . . . shall preclude the GRANTEE from providing related recreational provision . . . and services compatible with the approved application, through facilities p cession agreements entered into with third parties, provided prior con g r ence to such agreements is obtained concur g in writing from the Secretary of the Interior. 4. From the date of this conveyance, the GRANTEE, its successors and assigns, sha ll submit biennial reports to the Secretary of the Interior, setting forth . 2 --fir the use made of the property during the preceding -year period, and other pertinent data establishing its continuous use for the purposes set forth above, for ten consecutive reports and as further determined by the Secretary of the Interior. 5. Funds generated on this property may not be expended for non-recreation Purp been purposes. Until this property has b fully developed 'in accordance with the Program of Utilization, all revenues generated on this property must be used for the development, operation and maintenance of this property. After this property y has been fully developed in accordance w*th the Program of Utilization, revenue generated on this property may be upended on other recreation properties operated by the GRANTEE. 6. As part of the consideration for the Deed, the GRANTEE covenants and agrees for itself, 'Its successors and assigns, that (1) the program for or in connection YAth which this Deed is made will be conducted in compliance with, and the GRANTEE, its successors and assigns, will comply with all requirements imposed b or pursuant to the regulations of the Department of the interior in P y . effect on the date of this Deed (43 C.F.R. Bart 17) issued under the provisions of Title VI of the civil Rights Act of 1964; 2) this covenant: shall be subject in all respects to the provisions of said regulations; (3) the GRANTEE, its successors and assigns, wi l l promptly take and continue to tape such action as may be necessary to effectuate this covenant; (4) the United States shall have the right to seek Judicial enforcement of this covenant# and (5) the E= its successors and assigns, obtain from each other person (any legal entity) will 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 a copy of such agreement to the Secretary of the Interior, or his successor; and that 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 GRANTOR. and enforceable by the GRANTOR against the GRANTEE, its successors and assigns. 7. The GRANTEE agrees to comply with the requirements of Public Law 90480 (82 Stat. 718) , the Architectural Barriers Act of 1968, as amended by Public Law g 1-205 of 1970 (84 Stat, 49), to assure that development of facilities on conveyed surplus properties for public park and recreation purposes are accessible to the physically handicapped; and, further assure in accordance with Public Law 93-112, the Rehabilitation Act of 1973 (87 Stat. 394), that no otherwise qualified handicapped individual shall solely by reasons of his 3 s FILE # 1 91 287 ` Bit# 1 772 PG# 1217 hand[ p `ca be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal � financial assistance. 8. The GR ANTEE further covenants and agrees to comply w th the National Environmental policy Act of 1969t as amended, the 1977 Amendments to the Fede ral Water pollution control Act (Clean Water Act of 1977), and Executive Order 199O 'l (May 2�� 1977�, for protection of Wetlands and Executive Order 2 '1977 for Flood lain Management, where and to the extent said ��gt.�8 (May � � p amendments and Orders are applicable to the propel herein conveyed, and GRANTEE � TEE shall be subject to any use restrictions issued under sai d Amendments and Orders. g. GRANTEE covenants for itself, its successors and assigns to the premises, Y p �or an art thereof, that construction or alteration is prohibited unless a any determination of no hazard to air navigation is issued by the Federal Aviation Administration in accordance with Title 14, code of Federal ReWlations (CFR), Part 7�', j g entitled "Objects Affecting Navigable Airspace:" or under the authority of the Federal Aviation Act of 1958, as amended. 10. A document entitled "A Finding of Suitability to Transfer' (FOST) and a second document entitled oAddendum for Transfer" are attached as EXHIBIT"B* and EXHIBIT "c" respectively, to this Deed; an Environmental Baseline Survey (EBS) report is referenced in the FOST; the FOST, the Addendum and EBS reference environmental conditions on the Property. Such notice of environmental conditions included in those documents are incorporated here i n by reference. The FOST and Addendum sets forth the basis for the GRANTORS determination that the property is suitable for transfer. The G F ANTE E is hereby made aware of the notification cation contained in the EB S, the FOST and the Addendum. 11. Lea Based aint rLBl�" a. A 1996 inspection team identified cans marked "lead-paint" stored in an adjacent bunker used by the veteran's group which occupied the property for a perood of time. Therefore, it is p . resumed that lead-based paint was applied to the exteriors and p interiors of the buildings. However, the subject structures are not considered target housing. The GRANTEE hereby acknowledges g ■ receipt of a Lead-Based paint Hazard Disclosure and p Acknowledgement Form for Non-Residential Structures. b. The GRANTEE covenants and agrees that in its use and occupancy of the Property, it Zvi l l comply With all applicable � p y 4 BF�. L 7 7 2 PG#1. 2 1 Federal, deral State, and local laws relating to L.BP in non-residential stru ctures. The GRANTEE acknowledges that the GRANTOR assumes no liability far damages for personal injury, illness, disability, or death to the GRANTEE, or to any other person, i � ncludin members of the general public, arising from or incident to disposition, the purchase, transportation, removal, handling, use, dispos p n or other activity causing or leading to contact of any kind whatsoever with L 13P on the Property, whether the GRANTEE has properly warned or failed to properly warn, the parsons injured, l y 12. NOTICE OF HAZARDOUS SUBSTANCE OR PETROLEUM PRODUCT STORED FOR ONE YEAR OR MORE, KNOWN TO HAVE BEEN RELEASED OR DISPOSED OF. a. In accordance with Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response, compensation and Liability Act of 1989 l�(CERCLA), 62 as amended, (42 U.S.C. 90(h)(3)(A)(i), GRANTOR advises GRANTEE that EXHIBIT "a" summarizes pertinent information from the EBST prepared to assess the overall environmental conditions of the PROPERTY which provides all available information based upon a complete search of agency files b GRANTOR of those hazardous substances known to have y been stored for one year or more, released or disposed of on the PROPERTY to include if known, the type and quantity of such hazardous substances, the date such storage, release or disposal tools place and a description of all remedial action(s)taken. b. One allon aboveground storage tank(AST)was removed from the Subject Property in 1996. Sampling conducted during the i site indicated the presence of diesel fuel n the soil. Sail was excavated and disposed of during the interim removal action conducted in 1999. 13. Pursuant to Section 129 h 3) of the comprehensive Environmental Res Compensation, and Liability Act of '1930, as amended, (CERCLA), 42 U.Response, l� S.G. § 902 h GRANTOR covenants and warrants that all remedial action necessary to protect-human health and the environment with respect to any known hazardous substance or petroleum product remaining on the Property has been taken before the date of this deed, and any additional remedial action found to be necessary after the date of this Deed shall be conducted bar f � GRANTOR; i provided, however, that the foregoing covenant shall not apply n any case in which GRANTEE of any or all of the Property is a potentially responsible party with respect to the Property. 8 #1- 7 7 2 PG# 14. 'GRANTEE covenants that in accordance with cERCLA section 120(h)(3)(A)(iii)jthat the GRANTOR, its officers, agents, employees, contractors and subcontractors,tractors shall have access to the Property 'in any case in which remedial action or corrective action is found to be necessary after the date e right to eater shall include the right to conduct activities related to hereof. The �environmental investigation, and to carry out remedial or removal actions as o necessary under applicable authorities, including, but not limited to required r ry pp monitoring orin wells, pumping wells and treatment facilities. The right of access P � includes the right of access to, and use of, to the extent permitted by lair, available utilities at reasonable cost to GRANTOR. These access rights are in additi.on to those granted to federal, state and local authorities under appropriate and applicable environmental laws and regulations GRANTEE agrees to cooperate with activities of the GRANTOR in furtherance of this covenant and ill tape no action to interfere with future necessary remedial and investigative actions of the GRANTOR. The GRANTOR and GRANTEE agree to cooperate acts good faith to minimize an conflict between necessary environmental In go y IFs i ation and remediation activities and operations of GRANTEE, its rove t g successors and assigns, and of any lessee or any sublessee of the Property. s �Anyinspection, survey, investigation or other response or remedial action will to the extentpracticable, be coordinated nth representatives designated y �t GRANTEE or its successors and assigns. 15. GRANTEE covenants and agrees for itself and its successors, assigns, lessees and/or licensees that it shall provide written notice to the 9RANTOR of any � g subsequent sale, assignment or lease of the PROPERTY, or any portion thereof, ereof and provide contact information concerning the new owner or occupant. 16. GRANTEE covenants and agrees for itself and its successor, assigns, lessees and/or licensees that i n the event that GRANTEE conveys any of the l , PROPERTY b deed lease} license or other such interest, GRANTEE shall PRoPE y � impose u party theto whom such property 'is transferred the requirements, upon duties and obligations contained herein. 17. The Federal government shall hold harmless, defend and indemnify the City e West and an future successor, assignee, transferee, leader, or lessee of of Key y . . . . e Subject Property from any suit, demand, cost, or liability arising out of any the � p � clam for p ! r'Y or i personal injury property damage that may result from, or be predicated upon, the release or threatened release of any hazardous substance, poll utant, or contaminant resulting from Depa ent of Defense activities on the property subject ct to the conditions specified in, and to the extent authorized, by Section 380 of Public Lair 1 o2-484. 18. The GRANTOR, and any representative it may so delegate, shall have the right of entfy upon u said premises at any time to conduct inspections of the s 2, 8 6K#1 7 7 2 PG# 1 2 2 0 propel for the purpose of evaluating the GRANTEE'S compl i ante with the terms and conditions of this deed. 19. In the event there is a breach of any of the conditions and covenants herein e GRANTEE its successors and assigns, whether caused by the contained by th legal or other inability abili of the GRANTEE, its successors and assigns, to perform said conditions' and covenants or otherwise, all right, title and interest in and to said premisesorn shall revert to and be the property of the GRANTOR at its option, which in addition to all other remedies for such breach shall have the • n sari rern ses, and the O RANTE E, its successors and right of entry upo P forfeit all right, title and interest in said premises and in any and all tenements hereditarnents and appurtenances thereunto belonging, of the provided, howe ver, that the failure of the Secretary of the Department of th e Interior to require ui in one or more instances complete performance of any of any the conditions or covenants shall not be construed as a waiver or relinquishment such future performance, but the obligation of the GRANTEE, its successors of s l and assigns, with respect to such future performance shall continue in full for ce and effect. In the event of a reversion, the GRANTEE agrees to provide an acceptable l level of protection and maintenance of the property until title has actually reverted. E b acceptance of this deed, covenants and agrees for itself and its - OI�ANTE �1 rs and ass i ns that i i the event FANTO R exercises ses its opti on to successo g revert all right, title and interest in and to the Premises to GRANTOR, or . . � GRANTEE voluntarily returns title to the Premises in lieu of a reverter, then shall provide protection to, and maintenance of the Premises at all GRANTEE � times until such time as the title is actually reverted or returned to and accepted by GRANTOR. TOR Such protection and maintenance shall, at a minimum, conform to the standardsP � prescribed b the General Services Administration in Federal PropertyPropertyg � Management Regulations (FPMR) 101-47.4913 (41 CFR Part 101) now in effect; LIST The following exhibits are attached hereto and made a part of this Deed: EXHIBIT"A7 - Description of PROPERTY EXHIBIT"B" - Finding of Suitability to Transfer EH I B lT"C" - Addendum for Transfer E..XH IB IT"D" - Hazardous Substance List IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed —L:VT#In its name and on its behalf this the day of 2002. 7 FILL # 1 2 9 1 2 8 7 # 7 7 1 2 2 1 UNITED STATES of AMERICA i Acting by and through the Secretary r of the Interior Through: Regional D i rector; Southeast Region National Park Service By: Wallace C. .11/R rittain Chief Recreation and Conservation [division National Park Service Southeast Region WITNESSES: .r A- - STATE OF GEORGIA COUNTY OF FULTON On this of • 2002, before me, the subscriber, personally � ap pea red Wallace C. Srittain, Chief, Recreation and Conservation Division, Southeast Region,ion National Park Service, of the United States Department of the ' a governmental I en of the United States of America, and known to interior, � agency o be the same person described in and who executed the foregoing met instrum ent, as the act and deed of the United States of America, for and behalf of the Secret of the Interior, duly designated, empowered and � authorized so to do b said Secretary and he acknowledges that he executed the foregoinginstrument for and on behalf of the United States of America for the purposes and uses therein described. NOTARY PUBLIC My commission expires: y/ftVy Pumoi ftwwwo caww 8 1 2 9 Z 2 E3 7 7 2 PC#1222 The foregoing conveyance is hereby accepted and the undersigned agrees, by � this acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements therein contained. City of Key West, Florida By: -Aw 0 Julio ael City lea ager STATE of FLORIDA COUNTY OF MONROE On this day of 2002 before me, the undersigned officer, personally appeared Julio Avail, to me known and known to me to be the p y pp sameperson whose name is subscribed to the foregoing acceptance, who being by me duly sworn did depose and say that he 'is the City Manager of the city of Key West Florida, that he is duly designated, empowered and authorized by �Resolution No. -169 dated May 20, 1999, to execute the foregoing acceptance and sign his name thereto; and that he signed his name, thereto and acknowledges that he executed the foregoing for and on behalf of the city of g i Key West, Florida, for the purposes and uses therein desenb A b A NOTARY PUS M commission expires: 3 MY COMMWM#CC=20 aMs AA.... Maria G.Rafcriff a# "MW IMYROr FAIN WMANCE W- FILE # 1 2 9 1 2 L 7 B K# 1 7 7 2 PG#:.L 2 2 3 EYMMIT"A" INTERNATIONAL AIRPORT LEGAL DESCRIPTION: (Eosterly Parcel, Hawk Sie): A pnrcel of land located in Sections 33 and 34, Township 67 Sauih, Ronge 25 East and Sections 3 and 4, Township fib South. Runge 25 East, on the island of Key West, Monroe County, Florida and Being more particuleriy described CS follows: Begin at the Northeost corner of Parcel 41, PLAT OF SURVEY, PART OF LANDS FORMERLY OWNED BY THE KEY WEST IMPROVEMENT, INC.", according to the Plat thereof, as recorded in Plot Book 2, Page 69. of the Public Records of Monroe County, Florida; thence S.19'03'22E., along the Easterly Line of said Parcel 41 o distance of 1692.60 feet to the Southeast corner of Parcel 41; thence N.Sfi'30`52"W.o a distance of 974,45 feet to the Southwest comer of Ponce! 41 (Southeast comer of Parcel 42); thence N.8G34`52"W., a di nce of 487.22 feet to the West line of the East one--half of Parcel 42; thence N.19"03122'W., along the said West line of the East one—half of ponce! 42 a distance of 1132.26 feet to the Noah l'+r►e of Parcel 42; thence N.7U56'38"E., a distance of 450.00 feet to the Nor�thebst corner of said Parcel 42 (Northwest corner of Ponce! 41); thence N.70r56'38"E.s a distance. of 900.00 feet to the Point of Beginninge Parcel contains 1906780.50 square feet, or 43.77 Acres more, or less. LESS: (F.A.Aa. Site) A parcel of land located an the Island of Ke West. Monroe CountPAF Florida, and known as a portion of Tracts 41 and 41,,, 'SLAT OF SURVEY., tT OF LANDS FpRMERLy OWNED By KEY WEST IMPROVEMENT. iNC.0. occvrding to the Riot thereof. os recorded in fiat Book 4, at page 69 of the Public Records of Monroe County, Florida, and bung more particularly described 'as follows: Commence of the Northwest comer of said Tract 41; thence S i 9'03'22" E along the Southwesterly E3ne of Tract 41. (Northeasterly Une of Tract 42) for 7,29.27 feet to a chain link fence and the Point of Beginning; thence N.73'42'52"E., and along the said chain link fence a distance of 234-38 feet; thence S.OZ"37'43"W., a dMance of 158.45 feet; thence N.81'23'04"W., o distance of 71,28 feet; thence S.83'46'34"VY.01 o distance of 236.64 feet; thence S.7011`29V., a distance of 32.35 feet to v chain link fence; thence N.2C'37'44"wV.► and along the chain link fence o distance of 22.51 feet; thence N.40*18'01"E, o distance of 105.31 feet, along the chain link fence: thence N 73'42'52" E and continuing along the chain link fence for 60.73 feet to the Point of 'beginning. Parcel contains 35823,12 square feet or 0.82238 acres, more or less. 1 1 " !�t'�1ent: wide 9aoernent � fan: wide �n�� _� �� L50'�s�nd of A f' (50) foot wide i r" and a rg aasernent located on the � � , and � rri p�a rticula ley West* 1 CBookOS. �A� , �� t per of . follows. Commence at the � at page 97 of �� ,, ng to the P1at * int ale* Ties on the s of Monroe Count�r, f�orrda. ea�d �o � the F'��E1�c �Y�n�e a�� having �� n� Southeastedy ht,,,,.o f ft--W Line of f lab �t Zane# 1983/1990) Coordkxftw (based �.� � ht—of—WaY � a the said Southaet" thence 5.7�� 1 E�"�li.* of 3993 f 26*94 foet to 'he ne une of �er �1vwue a athe i ne of the said 50 and tts Point of ��nq of �ern�ent Road and ode of the • nt paidLOD �� feet on . foot WW 4 � # said foi#ovrd metes andnc* � end of . Rood a die noe of 417,01 feet to �= 0t�ne a# �rernrrent feet #, the � 17"',.,, a distance of �.� , ant Road; them �� ,�. feet. a to the left, tang: o radius of point of aarvata� of a �e '��''�. and o chord * of S.7c`13 !e of €�'�� 5 r a cord tr�n� n of � central angle a o f d ours* an arc le no 1 43.39 feet o� o o �• thence �8�`39 ��'�.• the � of tangency of said f . 144.17 feet to curvature of a cow to the leftI � of ��.�? feet to � �o�t � * �. dista n W of 1728 59 . a chord a radii of 1000 feet* a ce tra � the �n of 3.38 f� sae along of S.8T2 51*E, and a chord a of ° e% feet to ant of �� am of said aorYs* an � �� ,,� distance of 38� f � um N*81 53 40.E f a dicta to � c the er�t of of a aa� ��. "`�. a �"�tanae of ' .?.3. feet to �' a �3 � a �tral ongle of 1�37.�� * - hay; - a rodim �,& feet _ . the � �- � of 37.01 fart: � - .7�'4�7�1�" � a �� cwd of feet to the point of f id curve* an a �� of �� #, � o * a d�� of 1 �.t�o fret to tangency of said ha�in e. a. +of 5. Of a came to the �K the # of NAT I `OVE � a t� a of ��"`�� , � �� c feet a c� tte ar+ of Curvet a a` th of 1 1 few; a� � S. '' chord ,6f of *aid cuem the N"*4ft of 153.11 feet to ft Pow of * ,• #hence hi.t3�`�3�'�`�-. o �a� � E, a &%ta a of �.98 feetOf of 17��3�` feet to � point � feet �+ '�23 �.� a d cent # ?�3.f� � � a �� of o�o� f� a re of a aar� to � i� � of 1 �� a � � of hi � .� feet a� cum* on are of 11� 7 feet; o� a f 7.3 0 h1,1 W0 2 •D a distance o to the point of of � �' t : a of a cur" to � rah 5 15.E feet � � * � fl of R.CAS a le of 49r ' 33 # a a� � d��e 115.00 feet,► a �� # � • VE. of +5.87 feet; �ee a" � are o 3r1� 1 and a c� � �� curve;of 98.67 f� to the �t of �. an om * set the ant of of R.30r �"�.. a d` of 1�8� � f 360 then�.e � � � feet* o �� arm o a �e to � �� : Q � ��9 feet �. !18"E* and a chord of 1 1� 1� � a chord hear'�c� h#. '11 to a chain u r an are length of 1 28.38 feat thence a� the arc of �d curve,, � and Of the cmterUne of a feat widey fink fence � the end #9.4� and � � �.�i It nt and who" n� era N egress - t �� 1� f� l��e� to a #�ase�ne of a � feat w�, � {r - � � � baWine far ` of a ! 25 feet South�erty of and parallel .13 tf e� N 7�1`29" E for 3owit� t� 3 tee � t�vnds: (1) f � � (:5) 1 23 E for `34� � far �33�1� #� �� f� (2)thenc* N BY and � 71,03 feet to e and of tt�e said � foot w� �rr�nt mates am N 83074.85 and E 3128.93. H -■ a-: .ram_..-...-•• �, ^r-•' t 'ri•Y� -ic3r�. 2 t — s 2 9 1 2 8 7 EXMIT "B" Htl77 2 PG# 1225 FWDI G of SUITABILffY To TRANSFER GAWK MISSILE SITE(KW-65) KEy wEsT,9 FLORIDA 1,0 pumqfe This F�n . d1.1�,�of SuitWik t O T (FOST)documents my determination,as the responsible Departmea of Defense(Do )component oficK thatthe real property and agoc■ � rrnprovements known as Blawk Mmile Site Kw-65(Subject property),Laval Air Station Key West,Florida)a,are environmenWly suitable for deed transfer to the City of Key west Navy PropertiesAuthors (NPLRA)for use mn accordance with the I PLRA s �es Local Redevelopment � Redevelopment Plan and Public Benefit Conveyance fiur conservation and recreational use approved by the Deputment of the interior'(D01). Thus decision is based on my review of information coin in the Addendum to the Enviro Baseline Survey(EBS), � � and the Reuse plan developed the� . Factors I�eadMg to this decision and other evelo .' .� pert" mention related to property tunsfer requhvmm#s are stated below. 2.0 Proven'DenriD OR The Subs property acquired by the United States in 1964 for the��of an��±43 acres of�ac Shore Defense Unit,Haw as further _ desenled in the affached EBS- 3.0 Past and P osed Meuse The laud was undeveloped with an extensive system.of salt pow at the thin of acquisition. p'�Army filled some of the ands to allow construction of the mobile launch equipment pads and bwns. The property was transfen-ed to the Navy in the ply 1980s. The Navy had no operations on the Suhj Property.. A.Vietnam Veteram group obtained a Hoense from the Navy�" 1994 for use as a"stand down"location. Proposed use would include medieal. �s and clo ly,the group set up residence in teats checkups � � - • .occupy.the propex�.y M time. The Navy nullt�d the license na 1995. At no tune d� the documented Gov o of the Submit property has it been used as an kdustrid site. ,� The Subject P �� ero currently vacant, proposed land use is for conservation and ion. 4.0 Environmental Findin rmatlon the past storage,release or disposal of any hazardous All.available� and/or petroleum products on the Subject prop y as c*llcted through record s p searches,avaflable aerial photographs,personnel ineviewsdon-site jai kqvdions conducted is containedin the EB S. The S*ect property has been inspected annuauy e following hs i�those fangs and corresponding I oD see 1994. '1'h � p condition of property elmifications assigned to the Suhject property: A. Hazardous Substances Contamination An Addendum for Transfer(AFT)has been prepared document'ug addi'onal information aeq` uired sir=development of the EB S. A Site fiction, conducted in Pagel of S i PC43- 2e; ING OF SUITABELITY To TRANSFER HAWK 11S ILE SITE(KW-65) KEY WEST `I,oRIDDA 18 determined there had been livardous subsfi=es releases resulting M levels above res. action love in the following ins: S 1 akgiaa&e ea. : (a4h)antbracene was detected at 122.3/,&gfg in excess oo its of 1 action level in one soil sample. Arsenic was detected at the �� residential action level of 2.7 fig. "Telephone poles t=ted with creosote had bee��xes� �, n stored in this area.and are considered to be the� a i e of the re ... The conck'Won was that no fiwther action was nwessary for subzone 1. MNus, 1 8) .- : Several inotgaxdcs were detected in excm of their FDEP aubzom act'on levels at various locations. Lead was preser�above its action level of 34.19 maAm iu.all locations. Two semi--vole organic compounds(SVOCs)were detected 4 AWOP %-I- excess of their action levels at SIB-05. one pesticide,4,4-DDE,was found in excessIn of its action level at SD-05 and SD-og. No VOCs were detected.. The investigation included a calculation of noncarcmogenie for al coppers vat zinc.c. The calculations indicated none of these organs pr=nnted r huh risks. ecological risks were also . Ah chemicals detected in excess of their action levels exoeeded ecological i . host;however, i t their threshold effects level(TEL)or were h*equently detected. only slightly . CrTNus,, 199 Lead.found in sample S ]5 was the only mnorgam that was considered to pose potaKW ecol6gical riles- Four ofl= found m sample SD is 05 were found to exceed the most conservative ecological.guidelines(cadmkmi,b (2- e e,4,4-DDE and.WtYl benzl p ). it was decided that an iriterim removal action. )should be conducted at subzone 9. A drawing showmng the location of the sub-zoo is arched to the Addendum for Transfer as Attachment 1- The IRA resulted%n the removal of soil and sediment from two locations as shown in A nt 2 to the Addendum for T . The excavation.at Sly-08 was fined with to return the area to e. A proposal.ofno .meal action required was can � entered in the Decision Tea for Ten.Base Reahgnment and Closm(BRAQ Sites Naval Aar Station Ivey west,Florida D). Public comments were received on the proposal and incorporated into the DD- B. Petroleum Contamination One 2,,000-pllon aboveground storage tank(AST)was removed from the Subject Property M. 1996. S conducted during the site closure indicated the presence of diesel fuel in the soil Soil was excavated and disposed of during the interim.removal � action conducted in 1999. Pie 2 of 5 L #1 BK# 1 PG1 JL 2, 2 7 7 7 2 'DING of sUffABELITY TO TRANS F HAWK MISS SffE(KW-45) x1&y wFST FLOR WA C. Other Environmental Aspects 1. Asb tos-Con taming Material(ACM) Non- • ' ' material A K was observed only in the . . i in the form.of vinyl floor tiles and trawite paneling d�the �building• visit. rt the licensed use in 1995-1.996 by the Disabled V iet� 1994 site Veterans.,the buUding was gutted and refit. This binding was ftwSferred to the FAQ. in 1999. The r ' ' buildings,which arc included M this , dad not contain ACM. 2. Lead-Bad Paint BP) D ' tion team noted cans narked"lead.--paint' gal site wit in 1�� mg an were stored in an adjacent�xnk ` er bythe veterans group. Therefore it is pwumed that • bias i to the exteriors and pow"bly t mtcr-.oar of the veterans�o�d�apply lead � the buildings. �e • es are not considered.target hous es. A Lead-Based Paint Hazard Notice is provided as Attachment 1 to this FOST. 3#0 Polychlorinated BlpbeHyls(PCBs) Three pad. mounted�ormers were located inside a priced enclosure can the Subject At some point in time aver the Army vacated the p�ropaq,the cores were Property. w shippeds and dielectric fluid was released.. Initial sampling of the area indicated low kels of PCB concentrations� m.the so ill ent ~ e Vest did.not any PCB contamination. Three soil by NAS samples wem taken outside the enclosure and one inside during the 1998 Sl. Aluminum . - cbromaun�copper,Non, kac,manganese3 nickel,tbd• and 2inc were detected at concentrations below their action and erne SVOC(b►W .th lbex )phMate)were1eL one P (arooblor-1260) detected below theh`action levels. No ftii-ther re=dial action was nWwALrY 4.0 Radon conducted at the Subject Property. Due to the results from.radon �o radon survey was sampfing conducted at Sigsbw Parr there is no e)qmctation that radon is present at the Subject Propel ' it that exceed the EPA action level of 4 picoCuries per titer. m� 5.0 Reaulmments—ApWicable to Traas er A. National onal ngumn�mental Policy Act(NEPA) ntal Assessment in.accordance with the National An F�. ror� ' tal Pali .Act re uiremants to assess the potential environmental�.ct.s Environmental � � associated with the proposedtansfer and reuse of the excess propertY. The Fig of No Sipfficant Impact was signed in February 2000. Purge 3 of 5 F rL9 # 1 2 9 1 2 8 7 7 2 PG# 1 2 2 E3 FRMING of SU ABIIJTY TO TRANSFER HAWK MISSILE SITE(KW-65) KEY WIESTt FDDREDA B. Iffaurd Substance Notice h,accordance with Section I20(h)(3 AXi)of the Comprehensive En*onmental Response,Co nsafio4 Act(CERCLA),the deed twdming the Subject Property must provide notice as to these ous substanm which it'i's known,based upon a complete search of agency ems,were stared for one year or more, relemd�or diWosed of on the Subject Property and aU resporw actions taken to date. A HA of hazardous suhMmm detected on.the Subject Property and the appropriate response taken is attached to this P`oST as Ex bit I. C. CERCLA Covenants In accordance with CERCLA Section I20(h)(3)(AXh)(1),the deed transferring the Sect Property shall cow a covenant mmrranfing that all remedial action necessary to protect human heath and the environroent with respeet to any hazeirdous substance renvwmng. . on the property b s been taken before the date oftransfer. In accordance with CERCLA Section 120(h)(3)(A)(h)R,the deed trantkaing the Suet Property shalt coffin a covenant warranfiDg that any additional rem auction found to be necessary after the date of transfer shall be conducted by the United States* D. CERCLA Acmes Ckuse In accordance witb CERCLA z 2 )(3)(A)(f),the deed tnmferring the Subject Proms shall contain a clause nthuwthe United.States access to the property in any case in which a response action or eonwAiw action is found to be newssmy after swh date at such property, or such acem is necessary to carry out a response aeon or corrective action on adjo00 property. The right to enter to be set forth include the right to conducts tests,investigations, ft -year previews, surveys, where test phtin&boring,ark oU= sir activities. Such right also include the right to construct,operate,mainta* or undertake any otber response action or corrective won as required or necessary, inckd4 but not limited to,monitoring wells,pumping wells,and nt facilities. These access rights are in addition to those granted to federal,state,and load autharkies under appropriate and applicable environmental reguMons. E. Land and/or Groundwater Restrictions There are no groundwater or Wd restrictions associated with the transfer or rouse of the Subject property. The Submit Property contains several salt ponds and any development of the property will require compliance with applicable federal,state, and local wets and environmental laws and regulations. Y 1 Fagg 4 of 5 FILE # 1 2 9 1-'2 E3 7 BK# 1 7 7 2 PGt1 2, 2 9 FADING OF`SUITABHATY To TRANSFER HAWK MISSIVE SM&(IKW-65) Kigy WEST FLORIDA F. Indemnification ave s�bold kw less,defend,and indemnify the NPLRA and any The federal. lender,or lessee of the Subject property from any successor,mm*gnee,Mmdmvz . . suit: demand cost or habRity�g out of any�for persora��nyuxy or property result or be �cated the release or threatened release of darx ge that a�aay n'6 p vdi alay �luta ,co t,petroleum product,or petroleum - from of activities on the property�J�to the derivative conditions M and to the a)dery authoriz d by Section 330 of Public Law I 02- 494,as amended by Sect%n.1002 of Public Law 103-160. G. Environmental Compliance Agr$ements/Perwit orders ITT a wetlands ' to remove the co ted from the The � � This pamik remins in effect* The State of Florida must be noted of the transfer within thirty days of execution of the rlcorrveyance documents. H. Notification to Regulatory Agencies/Public In accordance with DoD ,the U.S. EPA and FDEP have begin advised of the ro sed transfer of the Subject Property and draft copies of the EBS and FOST have P and Draft FOST were also made �.provided to those agencies far resew. The EES, available for public during a f ftwrd ay p�Hc cast Period. ll r ry agency and public conmxnts rocehoed were considered and mcorporated as deemed appropriate. Any umresolved comments the Navy's respunws thereto are included as Attachment 2 to the POST. Copies of all fifer documadWion provided to the NPI A will be made available to the U.S. EPA.and FDEP repmwntatives upon request aver execution of the same. 6:0 Sa ltabilt eterminatlon NOW BEFORE,based upon my resew of the information contained in the atUwhed EBS as well as the NPLRA's Reuse P1an,1 b ve determined that the Subject Property is presex suit$ble for transfer to the 1PLRA the intended.purpose. C)a Date T.F.B 1 SSON,CDR,CEC,USN Acting Contender Southern Division Naval Facilities Engineering Cornr�d North Charleston, S.C. page 5 of 5 Ir FILE # 1 2 9 1 2 8 7E)Gjmff t ABDMUM FOR TRANSFER HAWK MISSHY SITE(KW45) NAVAL AIR STATION KEY WEST F"LoRI]DA y The Bye Closure and Reafignmnt Act(BRAQ of I moo, ordered the reaRgnment of Naval Air Station Key West, Florida. Under the rmfipment.,Hawn MLsak Site(KW..65)was 9. to be excess to the of (DoD)mr;wrL An Ferro- -- Bane Sur y i ]p�L (EBS),which included W--65,was M" 1998. This es the condition.of 1 43 ass of laaad azdpxoeimva�ents(subject Addendmn Pmparty) at Ham MisWe Site(KW-65)she August IS and supports the detemdnafion that thesubjectpropertyis ' for ftansfer to the City of Key west under the Public Bene& of for co n and. nal use. The Conveyance � f Int subject property is bordered on the south by the Key west International Airport,on the north by Fkt& o r Canal,and on the east and west by woodlands and wetlands. _ Surface sofls at Hawk Miss&Site(KW-65)were investigated as part ofthe Phase I Site b1spectlon S under the Navrs BRAG InsWlation Restoration.Program Sections of the SI specific .to the sub' arty are attached to this Addendum as t 1. A.copy of the �p SI is located in the infomation resposiitory at the Key west Public Library. Sutod property was divided into 13 subnes to be invOgigated. Based on mown nuamatim subnes 3,8, 1 2-, 13 were from fmther eo n. Subzone I Drainage Area),,subzone (Sewage , subzone 5 (Generator B 1-163 ,subzone 6 (Biwnt BuMing s �Station), I-6530-Four Trawforner,Missile Mzkftm=Bay),and.subzDne 7(Fomker Tmnsfomaff Storage Area)were impes6gated for soil contamfiation. Subzones 9 and 10 (Ponds)were kvwftaW for -(eight maple locations)and surfim water(seven.sample locations)co 'on, rely. Three FQW118nmt monitoring wells were planed.�n sa�zone I I er). AnaVied results from the sod sedkxag, surfam water}gro and undwater were compared to a residentid set of action levels. Note:one of the Urw monitoring wed(MW04) subzone 4 are�n the bo " of the FAA aand care m not rt=med in this Addend. The follow p the findings of the Sr. • `urn,ch roniu m, pper,iron, S t: Inorganics�as�nt�, � ��- qrCWJ,nvrcury,nickel, and vanmihm were ant In the sw&ee soils but levels did not exceed U.S, EPA or Florida.Environmerd2d Protection Department(FDEP)action. levels! Arse was detected in one sample at its FIEF resldautial goal aeon level of 2.7 na ro (mg/kg). Of the senAvolatfle orga'n%c compounds(SVOCs)awlyzed, only one compund, a oene,slightly exceeded its FDEP aeon level. DEenzqo)anl��is a polymelear aromas hydrocarbon(PAR)i which is usually a associated with.creosote or�P halt, Ile City of Key' e t had stored creosote-treated utility poles in area In the early 1990s. Vole organ"c coMpouands O s) of acetone meflWlene chloride but below action levels. Subzo No analyt es deWeted exceeded U.SR EPA or Florida EnviromnmW Protection Department EF action.levels. Inorganics swh as alumiam ,bari ,chron .0 a�,iron, lead, Haan. nickel,se thallium,and vanadium were present m the soil. One �' meth ne SVO �phft"e)�detected. �dete ed mode wzkto � chloride,tetrachloroethem,and toluene. Page I of 4 ADDENDUM FOR TRANSFER = WK MISS Sri(KW-65) NAVAL AIR STATION KEY WEST,FLOR DA Inorganics detected below their respective action levels were ' chromkn, iron,k4 , nickel, Ilium, vmuhm were present in the soBs. One SVOC(1.2,+;tficb1orobenzcne)quad.two VOCs(acetone and toluene)were detected below their aeon levels. sph&om' ; Inorganics sch.as aruminun, chromium, copper,iron,lead, rnangawse,r.i&4 tin,vanadkmi,and were present in the surfim sow but levels died not exczed U.S.EPA or Florida EnvironmcnW Protection Deparunwt(FDEP)action lave k Thalliumwas detected m one sample above its=eemng level.. As determined&wing the data quay'objective paroom,the frequency of detection of ft indicated a qstematic equ4mxmt error from the lab therefore,the detections would not be used to drive a response aeon. No VOCs were detected above tbcir aeon levels. one polychlorinaW biphenyl CB)(armor--1260)said nue SVOC(bis(2-ethyRwq4phffia.1ate)were domed but below action lml. Based on the information b the S1 and the projected reuse of the property for � � p J conservation and recreatim the FDEP,EPA,and Navy previewed the data detamAaed that no fiwffiu remedial action was needed for subzones 1, 5, 6, and 7 sods. ti S Figure 2-7 of Attachment 1 to this Addendum shoves the locations of analytm that exceeded aeon levels. Eigbt sediment maples were taken of sedfinents invonds and one stormwa#er colon area. Ahmimunan+dvanadium were detected in e==of their action levels at two locations. Barium and Me.found in sample SDO4 meeded their action Imls. Copper exomded its action level only in.sample SDo1. Lead was detected above its action level of .l mpg in all sarnplu locations.,iron, ese, and nickel were detected but not above t-1-teir actions levels. Sampling lotion SD05 results' that lead,b2. ethyffieXyDpbfluflate,butyl.benzyl P and 4,4'DDE,a pesticide,were present above their action levels. 4,4'DDE was also detected above its action levels in sample SD08. The SI estimated nonearemgeme risks for each ' detected in excess of its action.levels. The estirmAes. that none ofthe exceedanm of copper,vanadfinn,or zinc presented of " hmum health risk& The chemicals which exceeded their aeon levels im sedRuent did exceed ecological Videffines,but most of these were only slightly above their threshold exposure level,or were innfiequently detected. Lead found at SDo5 was the only exceedance to present a potential ecology risk. The location of SD05 co more chemical analytes that exceeded the most conservative ecology guidelines than any other sample location. based on the imgs of the SI,the FDEP,EPA,and Davy decide.to perform perform an interim removal action(IRA)in subzone 9. A Supplemental.Site Inspection performed for the skes r action is located in.the information repository. The planned IRA at SD05 required the . .. n of permit from FDEP the Army Corps of engineers. This pert is in eft and will be ftmsferred to the City of Key west upon tr=fer of the subject property. The IRA performed at subzone 9. SDo5,removed 1 foot of sediment from the pond and two feet of soil from around SD08 as shown below. Page 2 of 4 C FILE #1 2. 91 8 7 BK# 1 7 7 2 PG# 1 2 3 2 i ` ADDENIDUM FOR TRANSFER E.A.WK MLSSILE SITE(KW-65) NAVAL AM STATION KEY WEST FLORIDA .� .> ity f SrATM OW �N lloe� Jaw= --- W*LTER ♦4f ra 2M GM AI�� Ir ;4ti4rt 4 44 y1sR1 A= ■f,rr ►• rrr Am iM WATIER WATER Igo Feet �"r 93 cubic &of sod awl . the,excavationsions ro led W�o�n V '� that the chemkats of wnmn WM removed, Tbe co in&aW that the co ns of w � � nva� ad =were � their aeon kw1s. The pesticide, ,4!mD E not deteded at eid=location afe the sow ==vL Clean fill W&S eed in.the excavation at SEA o 8 the area was reuimd to grade. Based on the 00 sampling it was iledded that the ERA had==Wed the ske a,ual*and n1D furffii.+'x.remedial action was n w also F 3oved a small of petrole�contaminatcd soil from aroxwd monitor wet Mw-03 during the IRA. A 2,000 gallon diesel fuel tam pie a concrete secondary conta' ��pre had been brted near t welL �petrol co n was from.tam o ' ns. Confirmatory��ag��d�all of the glen m- prol�al�l� �. eo laminged soil had been rived. lea taken from the surfs watery at KW-65 indicated that iron was the on�.y ap � fatted excemfing its action levels in one location(SW04)., Lead and uon were detOcted but below fir scree mg levels. No Svc sere ddeeted- a s he ors. Iron did not present a no�emo health rim, Iron t only'a that m ecojo� guide'cal lames. However, it did not exceed ecology gLWelines for soiL It Wage 3 of 4 it low- FILE # 1 291287 8K# 1 7 7 2 P #1 2 3 3 ADDENDUM FOR TRANSFER HAWK MISSILE (KW-65) NAVAL AIR STATION KEY WEST nORIDA the iro x is not .- co In the and no off`cheer€ .exceeded the ecological appearsguidelines. The conclusion for subwne 10 is that no firther action is necessary. %gg&W 11: Two groundwater weds(MW-05 and lW-0 w i�the portion of KW- 65 by this Addendum Barium,iron,lead, and Inc were demoted Mn thegroundwater S"Vles taken from the two wells but neither chemical exceeded its scrming values. A single Vo chloride,was detected in�of its sere ring value at MW-05 but no vase ems. '� . Other VDCs(I,l-&chloroethane an 1, �1 AicWoroc)were detected but their screemng values. No SVOCs were detected. GrOundwte:r concentrations Of the t1W exceeded their screening values were compared to surface water=eenmg values as ecological receptors are not directly exposed to groundwater and no groundwater threshoWs have been developed for ecological concerns. Under this more co " e ` , ` was detected in four of nine groundwater sauWk& The high coneentration was located at the FAA site. 'Elieh*hest cowxntrat'on for the KW-65 parcel was 7.51 pg1L which is below the FDEg rn&nne surge water ntion lei of 50 yg/L. Vinyl chloride,detected.at 8f6,ug/L,has no EPA won 4 or FDEg ecological screen screenmg level but the detected con won is weh below the EPA won 3 wxeening level of224,000 lAg/L. Abo,vinyl chloride was not detected m' any surface water or sediment sample. Therefore,the=wm=uded action for groundwater at KW-65 is no further action. The Navy prepared the DecWon Document for Ten Base Closure AQ Ste, Naval Air Station Key west Florida.(DD),, to docent the deeWons coneeming actions taken at further action proposed for the DRAG sates. The 1D included 1w5. This dot was presented to the public,FDEg,and EPA for review and comet in September 1999■ Comments were received and incorporated into the document. The remedy selections noted in the Decision Docent will be hnplement4 as nwessarY,through the Findings of SuitabUity, Land.Use Controls, aid deed msWetions. As noted Mn the ED S,lead-based.pakt(LBP)may be on any of the painted structures remammg. . at KW-65. The Mures are not"target housing as defied by 24 CFR 35 and 40 CFR 745 and are not proposed for reuse as target housing.. Based on the fi of the ED L and the 1997 S1,the subject property may be clmifled Ma accordance with joint DoD/U. .FPA mildiance as mark Green.(areas where a rely of a hazardous substance has occurred,and all.renvdW actions to protect hwnan health and the environment have been taken.) Lf D a KAREN SNDDGRAS Environmental Protection Specialist Page 4 of 4 �wr err EX�IT tilyl IV l�A 106 u 0 zoll 06 Aft 4.4 4 �v QNROK COUNTY OFFTCTAL RECORDS � w �.IFT.WYMS•WYVfM Key(Nest Stormwater Compiaince �' v.SvN►an�.net Xmv, iii City of Key West, March 16, 2007 Proposed Hawk Missile Site Conservation Easement / / I r i(I / JIJ r w r I I IIIIu IIIIIIIIIIIIIIIII n wr�r>g. VVVVVVV VVVVVVVVI tl ,1ff/ /%`� v. � I/� � uuuuuuuuumyumumuium4udl ti VVVhuull u III ii////rpl � V VVVV � 1 V J -� 1 �j i/i� �% „ ✓YYi� ��,,;, l �'' � t ,Jj/ l� �, �r r��if�l �V I( IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII + ��9� ,hl�' � IIIIIIIIIIII IIIIIINd�iiiiiiiiuuuuluouilVllulll Iliiu u r I 'uuuuuuuuuuuiiiiiiiiiiiuuuuuuuuuuuuuuu VVVV V uuuuuu V uuumll�llll"IIIIIIIIIIII I'u'u'u'u'uVVVVVV u �uu II u r , VVVVV VVVVVVVVV VVVVVVVVV I 1 � I ul / t r / � f r.. �Im /I� uuuuu I I / � 1 �r I .... IIIIIIIIIIIIIIIIIII i° h. I / 1 � r/ � l �, rr r / l i I / / I 1 / A / n o / l / l ICI i i 1 / / r l /i r. I 5 luau 6� I I�Ilfill a G,pul4�Y�„, / luu r I j,,,,,, ✓, /�" �� f�i/�f�/ � ��// it/N J' 1 1 u uVl I 17 r / t r / r / I III uuuuu I uIIIIIIIhII�I ��...,I Ilu« lu u uuuiu ,I Illloul II / / J l/ I � � . I 1 a, I� i r I I I� 1 � / f r l l / f 1 / / f / / 1 I f / 1 / 1 1 I. I "NowRI Legend 0 90 180 360 Feet 0 Culverts or Trenches N Conservation Easement GPS Points Proposed Conservation Easement D(HIBIT I Source: NOAA Aerial Figure for Visutalization Purposes online. See GPS points for locational boundary. Adapted by Chris Boland of SWC Key West Stormwater Compliance Mkt*ff.Pt"M-V"%VW City of Key West, March 14, 2007 www.�dr7c-ret i GPS Points for Hawk Missile Conservation Easement (Decimal Degrees) Point# Latitude Longitude Point# Latitude Longitude 1 24.56036763150 -81.76017404110 304.5593a31497U -81.76154833796 2 24.56034340310 -81.76010674010 31 24.55904292650 -81.76137453330 3 24.55967877380 -81.75973510840 32 24.55935865620 -81.76243109970 4 24.55955615380 -81.75993877510 33 24.55925116930 -81.76243985450 5 24.55960133920 -81.76002047730 34 24.55887726510 -81.76170383990 6 24.55976964230 -81.76010126020 35__.___ 24.55877942510 -81.76142_248800 7__T___ 24.56004964440 -81.76033560610 36 24.55906691150 -81.76217921290 8 24.56012805460 -81.76015826190 37 24.55875462840 -81.76163231890 9 24.55991646840 -81.76052259060 38 24.55897198140 -81.76132219940 10 24.55972334450 -81.76054136760 39 24.55867844970 -81.76133458290 11 24.55981560150 -81.76033087080 40 24.55865144690 -81.76112679860 12 24.55971799660 -81.76069754800 41 24.55866349600 -81.76044974300 13 24.55971799660 -81.76069754800 42 24.55875939110 -81.76047305640 14 24.55964807300 -81.76076003810 43 24.55893983960 -81.76054974700 15 24.55948844370 -81.76074963750 44 24.55920096890 -81.75956115350 16 24.55948543420 -81.76006304910 45 24.55912794860 -81.75949229270 17 24.55942713800 -81.76006977570 ^46 24.55962770340 -81.76241172240 18 24.55918105770 -81.76051420780 47 24.55986592950 -81.76240896220 19 24.55948969630 -81.76092895540 _- 48 24.55978083140 -81.76252187160 24.55954550120 -81.76098827600 49 24.55968087530 -81.76253386970 24.55961968960 -81.76125297100 50 24.55949193650 -81.76266715510 22 24.55917109450 -81.76120543480 51 -24.55950312240 -81.76273443690 ^ 23 24.55901978660 -81.76125642660 52 ___.__ 24.55947612200 -81.76275527800 24 24.55958052750 -81.76131643690 53 24.55945330380 -81.76270893020 25 24.55962901260 -81.76154322730 54 24.55932638980 -81.76273336770 26 24.55962631830 -81.76164938180 55 24.55926449230 -81.76281701070 27 24.55951125160 -81.76178788810 56 24.55907258300 -81.76277804170 28 24.55944277450 -81.76167422570 57 1 24.559'12722150 -81.76261033750 29 24.55936318640 -81.76162419870 EXHIB II ATTACHMENT C NoiiomiSNOZ)�JO-�aEinssi AdV e 9VZ92'-N�ld 71 i�:�:aleDslold DON 78Z�J39VMN N0liVZlH0HirlV JO 31VZ)ldlid3D ZOdl3no,o A-lv>i ZZOZ/9119 @��Plold Z0ZNVGNClJ:1171ANOSADW SIN�INDSV�l !j :Aq pujjpq�S om Aims IS HIASHOA M 004 j.xod.kjV puolluuawltil t766LU,63 9mo sqo3er% NOUVA�13SNOO C:a) �Poj 6uppici :Aq pq�o!�O�j 2-0 L 0) -r-2 E omo vcl/sAr VC11HOIJ iSE]AAAED1 !DNUSIX�Pg NOUVOIJAN U).=i X 'ou 9111 ublse(] :Aq P�o� :Aq um(] v JIVNOIIV NHAINI IS�MAAN Of z 'A." 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