Item O5 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number:
2023-1177
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Joseph DiNovo
AGENDA ITEM WORDING: Approval of a Bill of Sale for the transfer of the Sigsbee
communication tower from Monroe County to the State of Florida, Department of Management
Services (DMS).
ITEM BACKGROUND:
The communication tower located at Sigsbee Naval Station at 800 Main Street, Key West, Florida, has
deteriorated and Monroe County seeks to convey the tower to the State of Florida, Department of
Management Services (DMS), who will either repair or potentially replace the tower. Staff seeks
approval of the Bill of Sale to finalize the transfer of the tower and authorize the Mayor to execute any
additional documents required for this transfer. A companion item is on the June 21, 2023, BOCC
agenda for removal of the School Board of Miami-Dade communication equipment to enable the
transfer of this tower. It has been determined that the value of the deteriorated tower is $0.00 as shown
in Attachment A of the attached Memorandum, which allows for the transfer pursuant to Fla. Sta. Sec.
274.05, Sec. 274.06, and Subchapters 12(3) (3) & (5) of the Monroe County Purchasing Policy.
PREVIOUS RELEVANT BOCC ACTION:
Related item on June 21, 2023, BOCC agenda to remove the communication equipment of School
Board of Miami-Dade from the Sigsbee communication tower.
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Bill of Sale -Communication Tower at Sigsbee Park U.S. Naval Air Station(6-05-23) Final.pdf
Memorandum-Conveyance of the Communication Tower Located at Sigsbee Naval Station from
Monroe County to State of Florida Department of Management Services (.pdf
FINANCIAL IMPACT:
1
This instrument prepared by,
or under the direction of,
Joseph X. DiNovo, Esq.
Assistant Monroe County Attorney
Address: 1111 121h Street, Suite 408
Key West, Florida 33040
BILL OF SALE
This BILL OF SALE (`Bill of Sale") is made and entered into as of this
day of June 2023 (the "Effective Date"), by MONROE COUNTY, FLORIDA, a
political subdivision of the State of Florida ("Seller"), in favor of STATE OF
FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES ("DMS"), a state
agency ("Buyer"). Seller and Buyer are sometimes hereinafter referred to collectively
as the "Parties".
WHEREAS, Seller is the Grantee under a Grant of Easement dated August 19,
1985, between the United States of America, acting through the Department of the
Navy, for a parcel of land at Sigsbee Park, Naval Air Station, Key West, FL, as more
particularly described in Exhibit A (the "Site"); and
WHEREAS, the Site contains a communications tower and tower related assets
constructed and owned by Seller, including without limitation structures, equipment
shelter, fences, grounding rights, tower foundations, concrete pads, lighting,
monitoring equipment, electric account, permits for that certain Site, generator and
fuel tank ("Tower and Assets"); and
WHEREAS, Buyer owns and maintains equipment on the tower and Site; and
WHEREAS, Seller wishes to transfer its Tower and Assets to Buyer, which
agrees to accept the Tower and Assets,
NOW, THEREFORE, the Parties hereto, in consideration of the mutual
covenants contained herein and intending to be legally bound agree as follows:
1. For and in consideration of the sum of Ten and 00/100 Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency whereof are
hereby acknowledged, and intending to be legally bound hereby, Seller hereby sells,
assigns, and transfers to Buyer all of Seller's right, title, and interest including, but not
limited to the Tower and Assets as further described and identified in Exhibit B.
2. The Tower and Assets are transferred "AS IS and WHERE IS" with all
faults, latent and patent. Seller hereby covenants with, and represents and warrants to,
Buyer that, as of the Effective Date:
a. Seller is lawfully seized and possessed of the Tower and Assets;
b. Seller has the right to sell, transfer and convey the Tower and Assets to
Buyer;
C. The Tower and Assets at the Site are, and will be transferred to Buyer,
free and clear of all security interests, liens, and other encumbrances of any
type or description; and
d. Seller will forever defend the right and title to the Tower and Assets
unto Buyer against the claims of all persons claiming otherwise by, through or
under Seller.
SELLER OTHERWISE MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF CONDITION, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
3. Other than the Tower and Assets listed in Exhibit B being transferred to
Buyer, Seller shall remove at its cost any other property it owns from the Site. Any
such Seller owned property not removed shall be considered abandoned by Seller and
Buyer may dispose of such property as it sees fit and charge the costs of removal to
Seller.
4. This Bill of Sale supersedes all prior discussions and agreements,
whether written or oral, between Buyer (and Buyer's affiliates) and Seller with respect
to the purchase and sale of the Tower and Assets and other matters contained herein,
and this Bill of Sale contains the sole and entire understanding and agreement between
Seller and Buyer with respect thereto.
5. Each of Seller and Buyer agrees to use reasonable efforts to execute and
deliver such additional documents and to do such other acts as may be reasonably
necessary or advisable to more fully implement or evidence the transactions
contemplated by this Bill of Sale, including but not limited to, terminating Seller's
Grant of Easement (Exhibit A) as may be required, and transfer of the Federal
Communications Commission Antenna Structure Registration 1029597 (Exhibit C).
6. If any provision of this agreement is unlawful or unenforceable under
applicable law, the other provisions and the unlawful or unenforceable provision shall
remain in effect to the extent permitted under applicable law. This instrument shall be
binding upon Seller and Buyer and their respective successors and assigns. This Bill
of Sale shall be governed by and construed and enforced in accordance with the laws
of the state of Florida, regardless of conflict of law principles. The use of the word
"or" herein is not exclusive.
IN WITNESS WHEREOF, this Bill of Sale has been executed by the Parties hereto
as of the date first set forth above.
SIGNATURE PAGES FOLLOW
2
Signed, sealed and delivered
in our presence:
SELLER: MONROE COUNTY, FLORIDA
Witnesses: Board of County Commissioners
of Monroe County, Florida
Print: By:
Mayor/Chairman
Sign:
MlONROE COUNTY ATTORNEYS OFFICE
APPROVED A!S TO FORM
Print: .,
Sign: ......W�� TANT COUNTYATfCRNEY
DATE: 6-16-2023
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me by means of❑ physical
presence or ❑ online notarization, this day of , 2023, by
on behalf of Monroe County, Florida, who is
personally known to me or has produced as
identification and did not take an oath.
NOTARY PUBLIC:
Sign:
Print:
My commission expires:
3
BUYER: FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
WITNESSES
Print: By:
Denise Adkins, Director
Sign: Department of Management Services
Print: Date:
Sign:
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me by means of❑ physical
presence or ❑ online notarization, this day of , 2023, by
on behalf of State of Florida Department of
Management Services, who is personally known to me or has produced
as identification and did not take an oath.
4
EXHIBIT A
(Easement and Description of Property)
CRANT OF PAUMV
N62467-85-RP-60158
THIS INDENTURE, nnde the 19th day Of t985
between the Wited States of America, herein called this Vvernment, acting
through the Department of the Navy, and Monroe County, FL, herein called the
Grantee.
WHEREAS, the Government owns that certain real PrOPer"Y identified as
Sigsbee Rark, Naval Atr Station, Key West, FL, herein called the Station; and
WHEREAS, the Grantee has requested an easement for the construction,
instAtlation, operation, maintenance* repair, and replacement of a tel.ewts tort
translator tower, herein czlled, the tower, on thRt Portion of the Station
hereinafter described; awl
WHEREAS, the Secretary of the Navy has found that the 9tanting of
such easement on the terms and conditions hereinafter stated will rmt be
incompattble with the Public interest:
NOW THEREFORE, this indenture witnesseth that, V consideration of
Five Thousand Eight Hunlred. Tkenty-Five and no/100 Dollars (15,825.00) paid by'
the Grantee to the Vvernment, the Government herebv grants to the said Monroe
County and its successors and assigns, fOr a pertod of fifty (50) years from
the date hereof, an easement for the construction, installation, operation,
maintenance, repair and replacement of ;I televisicon translator tower, such
easement being on that portion of the Station hereinafter called the Premises,
and described as follows:
A parcel of land at Sigsbep Park, Monroe County,
Ftorida and being described as follows:
BEGIN at a point having coordinates of X=245,378-61
Y=91,545.75 based on USC&GS Mercator Grid System for
the East Zone of Florida and run thence South 13c'
47' 11" West for a distance of 50 feet ; thence North
760 1,21 49" West (or a distance of 50 feet; thence
North 130 471 It" Not for a distance of 50 feet ,
thence South 760 12' 419" East fc- a distance of
50 feet back to the point of Beg0 nine.g.
Approximate location is as shown on a man marked "EXHIBIT A, " attached hereto
and made a part hereof.
This easement is granted snblect to the following terms and
conditlons:
it
I w
A fence w1ll be cOnAtructed by the Grantee around the tower in
order to resCrict access, ani Wroprtate R-F Adiatton hazard signs will be
posted.
2. Atl work in connectton with the construction, Installation,
OPeration, repair and replacement of the tower and Fence shall be done without
Cost or expense to 0-te Government, and, in accordance with plans prevlousiv
approved by the Qmmanitng Officer of the Southern DiAsion, Naval Acilittes
Engineering Command.
3. T'ie Grantee shall maintain the Premises and the tower in Rood
condition at all times, and shall PromPtly make all repairs thereto that may
be necessary for the preservation of the conditlon of the Premises and the
continued operation and maintenance of the tower.
4, Ae Grantee 's rights hereunder shall be subject to such
reasonable rules and regulatioas as may be prescribed by the Anorwwni to
assurr,� t1vit the exercise cof suCh rights will not Interfere with Government
activities at the Station.
5. Upon t1ie termWation of this easement, the Grantee, at its
expense, shall remove, to the extent requested by the Government, improvements
installed or on; hereunder, and shall restore the Premises to the same
or as goorl a condition as that which existed prior to the exercise by the
Grantee Of its rights hereunder. Such restoration shall be done In a manner
satisfactory to the Commandtng Officer of the Southern Division, Naval
Facilities Engineering Command.
6. If at W future time, the Vvernment determines that the tower,
or any portion thereof, unduly interferes with any of its activities, it shall
have the right to terminate this easement, in whole or in part, to the extent
necessary to eliminate such Interference; PROVIDED that, unless the Covernment
shall have determined that relocation Is not feasible, it shall convey to the
Grantee, without charge, a substitute easement Permittinz the Grantee to
relocate the tower on adjacent Government property, at the Grantee's cost and
expense. The substitute easement shall contain the same terms and coddRions
as those of this easement, and shall bear the same exAration date.
7. All or any part of this easement may be terminated upon failure
by the Grantee to cOmPlY with any of its terms and condttionsl upon
abandonment of the rights granted herein; or upon nonuse of such rights for a
period of two consecutive years.
R. The Government nay use die PremLses of this easement for any
purpose that does not unreasonably interfere with the use and enjoyment by the
Grantee of the rights granted by this easement.
IN WITNESS WHEREOF, the Q)vern.ment'. acting through the Department of
the flavy. hat caused this inntrument to be ekeCuted the day aad Year written
first above.
WITNESS UNITED SITTES A AMERICA
By
C%tracting Office
STATE OF SOUTH CAROLINA
C011UNTY OF CHARLESTON
Personally appeared before me hQr1P.nP- F. Villamon ho being
W
dWy sworn, says that ,_.L h saw the 'Athin" n amed
e sign
ani seat the foregoing Grant of Easement, in behalf of the United States of
America, and that, she with
execution thereof. s ......... witnessed the
Sworn, to before me this 19th day of August
._Ltjc 1,985,
-
H. (X-7e.EjL.'_" Notary Public -==--
Carolina. for the State of South
MY COMMISSION EXPIRES 8.17-1994
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EXHIBIT B
Tower and Assets
Tower (see Exhibit C)
Shelter and attached devices/equipment.
Fencing.
Lighting.
Grounding rights.
Tower foundation.
Concrete pad.
Monitoring equipment.
Permits for Site.
Generator and fuel tank.
Exhibit C
Federal Communications Commission Antenna Structure Registration 1029597
RegistratiliDil 1029597
�stlrabcnl
Fteg:�stjrafloi,,ii Deta0l
Reg Number 1029597 Status Constructed
File Number A0035096 Constructed 01/01/1981
EMI No Dismantled
NEPA No
krtir.inrm StI,,iuctiure
Structure Type TOWER - Free standing or Guyed Structure used for Commu
Location (in NAD83 Coordinates)
1at/Long 24-35-00.0 IN 081-45-59.0 Address DREDGERS KEY
City, State KEY WEST, FL
Zip 33040 County MONROE
Center of Position of Tower
AM Array in Array
Heights(meters)
Elevation of Site Above Mean Sea Level Overall Height Above Ground (AGL)
1.0 50.3
Overall Height Above Mean Sea Level Overall Height Above Ground w/o Appurtenances
51.3 45.7
Painting and Lighting Specifications
FAA Chapters 3, 4, 5, 9
Paint and Light in Accordance with FAA Circular Number 70/7460-IF
FAA Notification
FAA Study 84-ASO-2714-OE FAA Issue Date 12/14/1984
FRN 0001802081 Owner Entity
Type
Owner
MONROE COUNTY BOARD OF COUNTY P: (305)289-6035
COMMISSIONERS F:
Attention To: DIR OF COMMS E:
10600 AVIATION BLVD
MARATHON , FL 33050
Contact
P:
F:
E:
Last Action Status
Status Constructed Received 09/15/1997
Purpose New Entered 09/18/1997
Mode Mail In (Manual)
Re[ated Apphcaf,1011ls
09/15/1997 A0035096 - New (NE)
C oiiiirarti[eaai��
Comments
None
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None
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None
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W40,,s,,)gton,DC 10.r54
MEMORANDUM
TO: HONORABLE CRAIG CATES, MAYOR & MEMBERS OF THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS; ROMAN GASTESI,
MONROE COUNTY ADMINISTRATOR; ROBERT SHILLINGER, MONROE
COUNTY ATTORNEY; KEVIN WILSON, ASSISTANT MONROE COUNTY
ADMINISTRATOR
CC: SHANNON WEINER, MONROE COUNTY DIRECTOR OF EMERGENCY
MANAGEMENT
FROM: JOSEPH X. DINOVO,ASSISTANT MONROE COUNTY ATTORNEY,
RE: CONVEYANCE OF THE COMMUNICATION TOWER LOCATED AT
SIGSBEE NAVAL STATION, 800 MAINE STREET, KEY WEST, FLORIDA
FROM MONROE COUNTY TO STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVICES PURSUANT TO SECTION 274.05 AND
SECTION 274.06, FLORIDA STATUTES AND SUBCHAPTERS 12(3) (3) & (5),
MONROE COUNTY PURCHASING POLICY
DATE: JUNE 6,2023
BACKGROUND
The Monroe County Board of County Commissioners (BOCC) has before it for its consideration the
proposed conveyance of the communication tower currently located at 800 Maine Street; Key West,
Florida and owned by Monroe County to the State of Florida, Department of Management Services.
The tower is currently in a deteriorated state and, following its conveyance to the State of Florida, it
is anticipated that it will be repaired and potentially replaced. In furtherance of the conveyance, a Bill
of Sale has been prepared that would effectuate the transfer of ownership of the tower from Monroe
County to the State of Florida.The Bill of Sale has been attached to an Agenda Item for consideration
by the BOCC for its approval of the conveyance and the execution of the Bill of Sale by the Mayor.
As noted in the Bill of Sale, the tower,owing to its deteriorated condition,possesses little or no value.
Consequently, it is recommended that the conveyance by Monroe County to the State of Florida be
considered a donation to another governmental entity of tangible personal property having a value of
less than $5,000.00 pursuant to Section 274.06, Florida Statutes and Subchapters 12(3) (3) & (5),
Monroe County Purchasing Policy.
DISCUSSION
Section 274.05, Florida Statutes governs the disposition of surplus property by county governments.'
It provides as follows:
A governmental unit shall have discretion to classify as surplus
any of its property, which property is not otherwise lawfully
disposed of, that is obsolete or the continued use of which is
uneconomical or inefficient, or which serves no useful function.
Within the reasonable exercise of its discretion and having
consideration for the best interests of the county or district, the
value and condition of property classified as surplus, and the
probability of such property's being desired by the prospective
bidder or donee to whom offered, the governmental unit may
offer surplus property to other governmental units in the county
or district for sale or donation or may offer the property to private
nonprofit agencies as defined in s. 273.01(3) by sale or donation. If the
surplus property is offered for sale and no acceptable bid is received
within a reasonable time, the governmental unit shall offer such
property to such other governmental units or private nonprofit
agencies as determined by the governmental units on the basis of the
foregoing criteria. Such offer shall disclose the value and condition of
the property. The best bid shall be accepted by the governmental unit
offering such surplus property. The cost of transferring the property
shall be paid by the governmental unit or the private nonprofit agency
purchasing or receiving the donation of the surplus property.
(Emphasis Added)
Moreover, Section 274.06,Florida Statutes provides:
Having consideration for the best interests of the county or
district, a governmental unit's property that is obsolete or the
continued use of which is uneconomical or inefficient, or which
serves no useful function, which property is not otherwise
lawfully disposed of, may be disposed of for value to any person, or
may be disposed of for value without bids to the state, to any
governmental unit,or to any political subdivision as defined in s. 1.01,
or if the property is without commercial value it may be donated,
destroyed, or abandoned. The determination of property to be
Subsection 274.01(1), Florida Statutes defines "governmental unit" as follows: "Governmental unit" means the
governing board,commission,or authority of a county,a county agency,a municipality,a special district as defined
in s. 189,012 or taxing district of the state,or the sheriff of the county. (Emphasis Added)
2
disposed of by a governmental unit pursuant to this section
instead of pursuant to other provisions of law shall be at the
election of such governmental unit in the reasonable exercise of
its discretion. Property,the value of which the governmental unit
estimates to be under $5,000, may be disposed of in the most
efficient and cost-effective means as determined by the
governmental unit. Any sale of property the value of which the
governmental unit estimates to be$5,000 or more shall be sold only to
the highest responsible bidder, or by public auction, after publication
of notice not less than 1 week nor more than 2 weeks prior to sale in
a newspaper having a general circulation in the county or district in
which is located the official office of the governmental unit, and in
additional newspapers if in the judgment of the governmental unit the
best interests of the county or district will better be served by the
additional notices; provided that nothing herein contained shall be
construed to require the sheriff of a county to advertise the sale of
miscellaneous contraband of an estimated value of less than$5,000.
(Emphasis Added)
Additionally, Subchapters 12(3) (3) & (5), Monroe County Purchasing Policy provide as follows:
(3) All assets with a fair market value lower than $5,000 may be
sold by competitive solicitation/auction in accordance with the
procedure set forth above or may be donated to another
governmental entity or not-for-profit organization as set forth
below. Assets with a fair market value equal to or greater than $5,000
for which no bid was received at competitive solicitation may also be
donated to a governmental entity or not-for-profit organization.Assets
with a fair market value equal to or greater than$5,000 may be offered
to other government units in the County for sale or donation or may
be offered to private nonprofit agencies, prior to being sold by
competitive solicitation when it is determined by the BOCC to be in
the best interest of the County to do so.
(5) Property which value is estimated by the BOCC to be under
$5,000.00 deemed to have no further use to the County due to
obsolescence, inefficiency, or being uneconomical may be
donated to another governmental entity within the County, may
be donated to a private not-for-profit organization within the County
or may be disposed of for value in compliance with 274.06, Florida
Statutes and as amended. The determination of property to be
3
disposed of by the BOCC shall be at the election of the BOCC in
the reasonable exercise of its discretion pursuant 274.06, Florida
Statutes. Property, the value of which the BOCC estimates to be
under $5,000.00, may be disposed of in the most efficient and
cost-effective means as determined by the BOCC pursuant to
F.S. 274.06.
(Emphasis Added)
As noted previously, the tower located at 800 Maine Street in Key West is currently in a deteriorated
condition requiring its repair or replacement by the State of Florida. A recent appraisal of the tower
reveals that its current value is $0.00 (Attachment A). Should the Monroe County Board of County
Commissioners conclude, based on this appraisal or other criteria, that the value of the tower is less
than $5,000.00, it may, in the exercise of its sound discretion, donate the property to the State of
Florida pursuant to Section 274.05,Florida Statutes,Section 274.06, Florida Statutes and Subchapters
12(3) (3) & (5),Monroe County Purchasing Policy.
CONCLUSION
Based on the foregoing analysis, it is recommended that the Monroe County Board of County
Commissioners conclude that,in the exercise of its sound discretion, the tower located at 800 Maine
Street in Key West possesses a value of less than$5,000.00 and that it shall be donated to the State of
Florida, Department of Management Services in accordance with Section 274.05, Florida Statutes,
Section 274.06, Florida Statutes and Subchapters 12(3) (3) & (5),Monroe County Purchasing Policy.
ATTACHMENTS
ATTACHMENT
A
tea. Custom Tower, L.L.C.
!I 402 Facile Road
Scott, LA 70583
Office(337) 873-9113
Fax(337) 873-9184
May 23, 2023
1-31-11arris Technologies
221 Jefferson Ridge Parkway
Lynchburg, VA 24501
Site: Dredgers Key
Attention: Dan Keppel
As the 160'SST sits today, it is in need of a lot of structural up grading due to existing rotted)
braces and over loaded appurtenances.
The estimated value of this tower is$0.00 because of the condition of the tower.
Respectfully Submitted,
4 Aa�
Ricky Guidry