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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 3 „a P L hq Av . G W u 04 —Tall a 9 r ,. R tw* ,q,�. 6 ,. (” a�&s�e4 ,� � � �'M,,.'.c..� � ."-•.EJ Le:e.wr'k..c�ffi �u r4 ^2 w .1 µny 2 2 mm P.t Cc R.r 20 Z-Q� Fu W n13 TANK 1 �µP".YY « D �02 �w 1 � , N s a"n at ter' d �w '' n oa .,.� °y, P4�' �� �"`t" ` F,""l «w _a 2 61 a� " � �,E 4n� 1� � e Y 4 iw „rcu a, la 9 �e Y �qi "4 .erg x�Q °6 e m ,,Ax �"� .✓ V r m mr*m*;�s b r rAq IVw � uq gc��- &4 ; 4 22 �A al JP�' m cr .. �°R a 4�d'Ua� e u 'a 8 .°`ww•ro�°. N "„ G" �G � YY tag g s ♦ C,•. ar "'d"e^ ^„ k a�,. p .fir; .td k 4 «.i m✓'r" ' L,.� ,w✓" Y OMro.. .",.�° � `w p^ � y Of P IgI r r .„ ..€ a a~ g 4, x r m *.c'^�^" '7^,. q o a 5, ,d „& a: u'u"�wtekxxa�'u,.�E �"� a.,u ��'� w �« 1 aGaAeo , F a.G y 7 t fey A* Y,„F�xaeC�.r. A v°^� w 0 max. i rr w' izef ask P `t`V,S�'t $ A. e V 0" %, ,> ra src 5a'c fly"w�. A t f met - -- w '�aata rtv. Ca C„a-e ISu" 4 d a h V 1 « 6 °D w•.ro 4wrc 8 i ;.,, .w,t^' s N ell an ik a ggq N M � b 'z Cq;-li3 rP',E ' Fps .,t ..y a,. .te a %C..""i,w ..»,70 , Tb0da`e " , AT „..F ., 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 III c s ii),rfur, Date Event None 11111e d nil,;s Pleading Type Filer Name Description Date Entered None utan,ial�ed III etteirs Nome. ry; r ........ n e 101ia Structuiiii-a II io gi s ol,:atii n A.L,r tp, � 4 h,� ��AS'k'se:ffird" ASR— GIS VBulvn YrdArtkaQA �I III w r hin i, ,pv wl ✓ � r r� a fi� 6 yin � �h6/l rz, ii . I r' dr F„ o f' '1n . 11111 i 11,11 iii 166 V'n Straert Map SaMlilte 7ertaIn d 'll ASa Help Ott'� � ^,m' ; ;r:..S:r.Sk.. .- rar��u,P n, ;sal -schaMU M r. Asa OMina Systems A -QQM- M9W !b8luN �o-i.�i. Y "�i+Al i�"P;.+'fl��- oMr.9'9211..1cArtnh, AboutASa i^sn~ �.. �Aia'r;.-Pm�.�,.+� � Registration Search By Registration Number v Akcf�r=4 C.Q'. geTr eaml4+.ayawry ulliq':aeVooix" Vvinic, :1 677-4870"M, 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