Item T06 T.6
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
March 22, 2023
Agenda Item Number: T.6
Agenda Item Summary #11868
BULK ITEM: Yes DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Pedro Mercado (305) 292-3470
No
AGENDA ITEM WORDING: Approval of a Revised Interlocal Agreement (ILA) between the
City of Key West and Monroe County setting forth the terms for the conveyance of the Hawk
Missile Site from the City of Key West to Monroe County and rescission of the ILA approved at the
February 15, 2023 regular meeting, agenda item 0-9.
ITEM BACKGROUND: At the February 15, 2023 meeting the board approved an ILA with the
City of Key West wherein the City would agree to convey the (2) Hawk Missile Site parcels to the
County in exchange for the County moving the Non Directional Beacon from Higgs Beach to the
Hawk Missile site and for the County to make other recreational improvements. The agreement
would allow the County to timely proceed with the taxiway "A" extension and improvement project
and provide the city with a needed recreational field.
On March 7, 2023, the Key West City Commission met to consider the ILA and made several
changes which necessitates bringing the document back to the County Commission for
consideration. The revised ILA adopted by the City compresses the time frame within which the
County has to perform and requires the relocation of the Non-Directional Beacon (NDB) from Higgs
Beach to the Hawk Missile Site in 4 years rather than 5 years and construction of the open
recreational field in 4 years rather than 5. The revised ILA also re-sets the performance period for
construction of the bike path and requires that the County construct the bike path within 3 years of
the City providing a design concept for the bike path to the County rather than from the date of the
transfer of the Hawk Missile site. Lastly, the revised ILA added a provision requiring that the
County submit semi-annual written progress reports to the City and it significantly increases the
amount of the liquidated damages from $625,000 to $2,000,000.
The revised ILA will continue to require that the City transfer the Hawk Missile Site parcels to the
County within 30 days of the approval of the ILA in order for the County to proceed with the
taxiway project, which is designed to improve the safety at the airport by extending taxiway "A" to
the end of the runway. This will eliminate a safety hazard created by the current configuration
where certain aircraft entering on to the western end of the runway have to back taxi to the end of the
runway prior to taking off. THIS PROJECT DOES NOT EXTEND THE RUNWAY
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WHATSOEVER.
PREVIOUS RELEVANT BOCC ACTION: Approved the previous iteration of the ILA at the
February 15, 2023 regularly scheduled board meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
HAWK Higgs ILA final 3_10_23
HAWK Higgs ILA final 3_10_23 Exhibit A
HAWK Higgs ILA final 3_10_23 Exhibit C
FINANCIAL IMPACT:
Effective Date: Mar. 22, 2023
Expiration Date: Mar. 21. 2028
Total Dollar Value of Contract: N/A
Total Cost to County: TBD
Current Year Portion: TBD
Budgeted: No
Source of Funds: Airport.
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: TBD
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required:
Additional Details:
TBD
REVIEWED BY:
Bob Shillinger Completed 03/13/2023 5:18 PM
Purchasing Completed 03/14/2023 10:44 AM
Budget and Finance Completed 03/14/2023 11:38 AM
Brian Bradley Completed 03/14/2023 12:11 PM
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Lindsey Ballard Completed 03/14/2023 1:39 PM
Board of County Commissioners Pending 03/22/2023 9:00 AM
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HAWK MISSILE SITE/HIGGS BEACH
INTERLOCAL AGREEMENT
This Agreement is made and entered into by MONROE COUNTY, a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, FL, 33040, ("COUNTY"),
and the City of Key West, a municipal corporation of the State of Florida, whose address is 1300
White Street, Key West, Florida 33040 (the "CITY").
WHEREAS, the CITY, owns two parcels known as the HAWK Missile Site,which is adjacent
to the COUNTY owned and operated Key West International Airport "KWIA"; and more
specifically identified by Monroe County Property Appraiser parcel i.d. numbers 00066230-
000000 and 00065940-000000; and
WHEREAS, the COUNTY desires to acquire the HAWK Missile site property to serve as
mitigation for a taxiway extension project at KWIA; and U
WHEREAS, Section 7.03(a) of the City Charter authorizes the City to convey City owned X
property to the County without a referendum; and
WHEREAS, the COUNTY owns and operates Higgs Beach as a public park located within the X
city limits of Key West that is funded by county-wide ad valorem taxes; and Ni
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WHEREAS, in exchange for the Hawk Missile site the COUNTY has offered to develop i
certain recreational facilities at the Hawk Missile Site or at Higgs Beach in accordance with the
CITY's vision; and 4-
WHEREAS, the parties desire to enter into an interlocal agreement for conveyance of the
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HAWK Missile site parcels to the COUNTY in exchange for development of certain recreational
facilities and for HAWK to be used as mitigation solely for the KWIA improvement project X
involving the extension of the existing taxi way to match the runway length of Runway 9-27 at
5,076 feet with the only exception being that if mitigation credits are available, the HAWK X
Missile Site Parcels may also be used for mitigation of the recreational improvements
contemplated by this agreement. E
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NOW, THEREFORE IT IS AGREED:
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1. PROPERTY. The properties covered by this agreement include the following parcels:
"HAWK Missile Site"—approximately 51.56 acres bordered by the Riviera Canal on the north,
Key West International Airport on the South, Little Hamaca Park on the West, and a mangrove
covered parcel on the east having parcel ID number 65930-000000. HAWK is comprised of
parcel ID numbers 00066230-000000 and 00065940-000000, excluding a .82 acre parcel owned
by the U.S. government having a parcel ID number of 00066230-000100 that is surrounded by
both parcels, as shown in Exhibit"A"
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2. SEQUENCE OF ACTIONS.
A. Within 30 days of the effective date of this agreement, the CITY shall deed the
HAWK Missile Site to the County, in a form approved by the National Park Service
(NPS) and acceptable to the County Attorney, subject to the covenants and restrictions
contained herein.
B. Within 6 months of the effective date of this agreement, the CITY shall relocate the
existing City-owned equipment and materials from the HAWK Missile Site offsite to any
non-County owned property at the choice of the City. Any remaining materials or
equipment shall become the property of the COUNTY;
C. The COUNTY may commence or complete the design and permitting process for
using the HAWK Missile Site for the sole use as mitigation for the KWIA project
involving the extension of the existing taxiway to match Runway 9-27 as they currently
exist at 5,076 feet and for no other purpose except as otherwise provided for in this
agreement. X
3. TERM. Subject to and upon the terms and conditions set forth herein, this Agreement shall
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continue in force for a term of 5 years commencing as of the_ day of 2023 and X
ending on the day of 2028. M
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4. USE AND CONDITIONS. i
A. Upon conveyance of the Hawk Missile Site Properties, Monroe County shall be
responsible for compliance with the terms of the March 18, 2002 Quit-Claim Deed
(recorded in the Official Records of Monroe County Book 41772, Page 41214)which
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transferred ownership of the Hawk Missile Site from the United States of America to the
City of Key West and a restrictive covenant limiting the use of the HAWK conveyance as X
mitigation for a taxiway extension to match Runway 9-27 at 5,076 feet in a form
acceptable to the parties. X
B. The responsibilities of the parties in this conveyance are also attached to this ILA as
Exhibit"B".
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5. ALTERATIONS AND IMPROVEMENTS. Within 12 months of the conveyance of
HAWK, the CITY shall submit to the County conceptual designs for recreational improvements
to be constructed at the Hawk Missile Site parcels and for the elevated bike path connecting the
western end of Government Road to South Roosevelt Blvd. All improvements shall be subject to
approval by all local, state and federal agencies having jurisdiction.
6. RECORDS—ACCESS AND AUDITS. The CITY shall maintain adequate and complete
records for a period of four years after termination of this Agreement or as otherwise provided by
law. The COUNTY, its officers, employees, agents and contractors shall have access to the
CITY's books, records, and documents related to this Agreement upon request. The access to
and inspection of such books, records, and documents by the COUNTY shall occur at any
reasonable time.
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7. INSURANCE. The parties to this agreement stipulate that each is a state governmental
agency as defined by Florida Statutes and represents to the other that it has purchased suitable
Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in
amounts adequate to respond to any and all claims under federal or state actions for civil rights
violations,which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as
any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440,
arising out of the activities governed by this agreement.
To the extent allowed by law, each party shall be responsible for any acts of negligence on the
part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and
hold the other party harmless from all claims arising out of such actions. Nothing contained
herein shall be deemed to waive the CITY's or COUNTY's sovereign immunity rights including
but not limited to those expressed in Section 768.28, Florida Statutes.
The Parties agree to keep in full force and effect the required insurance coverage during the term U)
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of this Agreement. Copies of current policy certificates shall be filed with the COUNTY T
whenever acquired or amended.
8. HOLD HARMLESS. To the extent allowed by law, the CITY is liable for and must fully
defend, release, discharge, indemnify and hold harmless the COUNTY, the members of the M
County Commission, COUNTY officers and employees, and the Sheriff, and Sheriff's Office, Ni
and its officers and employees, from and against any and all claims, demands, causes of action, Ti
losses, costs and expenses of whatever type—including investigation and witness costs and M
expenses and attorney's fees and costs—that arise out of or are attributable to the CITY's 4-
operations on the Hawk Missile Site except for those claims, demands, damages, liabilities,
actions, causes of action, losses, costs and expenses that are the result of the sole negligence of U
the COUNTY. The CITY's purchase of the insurance required under this Agreement does not 2)
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release or vitiate its obligations under this paragraph. Neither the County nor the CITY waives
any of its respective sovereign immunity rights including but not limited to those expressed in
Section 768.28, Florida Statutes. X
9. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United
States, the State of Florida, the COUNTY and the CITY, whether in effect on commencement of
this Agreement or adopted after that date.
10. INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict
with other items in this Agreement, the inconsistencies shall be construed so as to give meaning
to the intent of this agreement.
11. GOVERNING LAWSNENUE. This Agreement is governed by the laws of the State of
Florida and the United States. Venue for any dispute arising under this Agreement must be in
Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a
reasonable attorney's fee and costs.
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12. CONSTRUCTION. This Agreement has been carefully reviewed by the CITY and the
COUNTY. Therefore, this Agreement is not to be construed against any parry of the basis of
authorship.
13. NOTICES. Notices in this Agreement,unless otherwise specified, must be sent by certified
mail to the following:
COUNTY: CITY:
Monroe County Administrator Key West City Manager
1100 Simonton Street 1300 White St.
Key West, FL 33040 Key West,FL 33040
With copies to:
Monroe County Attorney Key West City Attorney
P.O. Box 1026 1300 White St.
Key West, FL 33040 Key West, FL 33040 X
14. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding. It X.
replaces any earlier agreements or understandings, whether written or oral. This Agreement M
cannot be modified or replaced except by another written and signed Agreement. Q1
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15. EFFECTIVE DATE. This Agreement will take effect upon the second signature of the M
parties to the Agreement.
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THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 2)
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IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its duly
authorized representatives.
(SEAL)
ATTEST: KEVIN MADOK, MONROE COUNTY BOARD
CLERK OF MONROE COUNTY, FL OF COUNTY COMMISSIONERS
BY: BY:
CLERK MAYOR
Approved for form and legal sufficiency for
The sole reliance of the Board of County
Commissioners of Monroe County, FL: U
Robert Shillinger
Monroe County Attorney M
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(SEAL)
ATTEST: CHERYL SMITH CITY COMMISSION
CITY CLERK CITY OF KEY WEST
BY: BY:
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CLERK MAYOR
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Approved for form and legal sufficiency for
The sole reliance of the City Commission of
The City of Key West, FL
Ronald Ramsingh
Interim City Attorney
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Exhibit"B"
Regarding HAWK, COUNTY shall:
1. In addition to the existing restrictive covenants regarding recreational use, enter into a
restrictive covenant that the 2 transferred parcels shall only be used to mitigate the
construction of taxiway extension(s)to match the length of runway 9-27 at their current
length of 5,076 feet in a form acceptable to the City Attorney. With the exception of
mitigation that may be required in conjunction with the elevated bike path and/or the
recreational improvements contemplated by this agreement at HAWK parcels, the 2
parcels shall not be used as mitigation of any other airport projects including but not
limited to: terminal extension, new terminal construction, outparcel development
ancillary to airport use, runway extension, new runway construction, aircraft
parking/storage, or any other construction project requiring environmental mitigation
whatsoever without the expressed consent of CITY in an amendment to the ILA and U
restrictive covenant(s).
2. To the extent allowed by city, county, and federal laws and regulations governing the �
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airport and the salt ponds, support the CITY's effort to construct an elevated bicycle path
connecting the western portion of Government Road to South Roosevelt Blvd. over X
COUNTY parcel ID4 64850-000100 and CITY parcel ID4 66240-000000 within 3 years M
of the design submission by CITY. If approved, and subject to future negotiations, Q�
COUNTY and CITY agree to participate in the construction costs equally. M�
3. Advocate for continued funding of the Noise Insulation Program (NIP) in order to
continue to provide noise mitigation improvements to affected homeowners as dictated 4-
by the Noise Contour maps and as approved by the Federal Government.
4. Within 6 months remove all materials and equipment stored at the Hawk Missile Site to a
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CITY owned or controlled area of CITY's choosing, all remaining materials and X
equipment shall become the property of COUNTY.
5. Keep HAWK open and accessible to the public for recreational purposes.
6. Not unreasonably withhold cooperation with approvals to build the elevated bicycle path.
7. If COUNTY cannot fulfill the obligations contained in paragraph 11, COUNTY shall E
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exercise all reasonable diligence to design, demolish, build, and construct an open
recreational field on the area described in Exhibit"C"measuring approximately 300'
x100'.
Regarding HAWK, CITY shall:
8. Convey title to the 2 HAWK parcels subject to the existing restrictive covenants and new
covenants regarding use for mitigation consistent with this ILA and in a form acceptable
to COUNTY and CITY within 30 days of approval of the ILA.
9. Provide a design concept for the elevated bike path and recreational improvements within
12 months that is in accordance with all deed restrictions, is feasible and is permittable
for approval by all local, state, and federal agencies having jurisdiction.
10. Not unreasonably withhold cooperation with approvals to build the elevated bicycle path.
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Regarding HIGGS, COUNTY shall:
11. Within four(4)years of the effective date of this Agreement, COUNTY shall exercise all
reasonable due diligence to relocate the Navigational Directional Beacon (NDB) off of
Higgs Beach,rectify any environmental concerns on said parcel, and design and build an
open recreational field at the NDB and surrounding site in a form and design acceptable
to CITY on the area described in Exhibit"C"measuring approximately 300' x100'.
Other Stipulations:
12. If COUNTY is not able to perform the obligations regarding an open recreational field as
contained in this Agreement within two (2)years, COUNTY shall pay CITY a sum of
Two Million Dollars ($2,000,000.00) as liquidated damages unless an extension is agreed
upon by COUNTY and CITY. If an extension is granted, the liquidated damages shall
survive the extension and be applicable at the expiration of such an extension.
13. COUNTY shall pay for and install an appropriate memorial to Richard Recupero for U)
whom HAWK was named in a form and location approved by CITY.
14. COUNTY shall submit semi-annual written progress reports to CITY regarding the
terms of this ILA.
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Parcel ID 00066230-000000 Alternate ID 1070181 Owner Address CITY OF KEY WEST
Sec/Twp/Rng 03/68/25 Class STATE PARKS PO Box 1409
Property Address VACANT LAND Key West,FL 33041
KEY W EST
District 10KW
Brief Tax KW 2SHEETS PB4-69 PLAT OF SURVEY ON TWO SHEETS PART OF LANDS FORMERLY OWNED BY KEY WEST IMPROVEMENT
Description INC PT OF PARCEL 42 OR308-94/96 OR1772-1214/34Q/C
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Parcel ID 00065940-000000 Alternate ID 1068799 Owner Address CITY OF KEY WEST
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Brief Tax KW PLAT OF SURVEY OF LANDS ON ISLAND OFKEYWESTMONROE COUNTY FLAPTTR41PB3-35OR308-94/96OR1772-
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