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HomeMy WebLinkAboutItem E2 E2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Budget Meeting Meeting September 3, 2025 Agenda Item Number: E2 2023-4461 BULK ITEM: No DEPARTMENT: Administration TIME APPROXIMATE: STAFF CONTACT: Hurley No AGENDA ITEM WORDING: Discussion and direction on the proposed plan to transfer Higgs Beach and West Martello Tower ownership to the City of Key West. ITEM BACKGROUND: For years, Key West and Monroe County have discussed the fact that Higgs Beach is within the Key West City limits. From a standpoint of services and program delivery, it makes more sense for the City of Key West to manage and develop the programs most desired by the residents of the City of Key West. Over the past several months, County staff and City staff have been discussing the opportunity to transfer Higgs Beach to the City of Key West. City staff presented the status of discussions with County staff, to their City Commission at their regular meeting on 3 September. At this meeting County staff will present the status of the discussions with City staff and seek direction from the County Commission on future negotiations. It is anticipated there will be a need for an interlocal agreement, as the County staff have several rehabilitation projects underway, some of which is grant funded. Higgs Beach& West Martello - Project & Funding Overview This briefing sheet summarizes current and planned projects, funding sources, timelines, and key issues affecting Higgs Beach Park and West Martello Tower in Key West, FL. 1. Higgs Beach Restaurant LWCF Compliance - TYLin was contracted to review records proving restaurant &parking predate LWCF boundary, aiming to secure exemption from land conversion rules under 2023 LWCF Manual. Fee: $15,180. Proposal not yet approved because this issue arose when the County approached LWCF about moving Atlantic roadway to another location. That plan was abandoned and therefore, County staff do not believe it should be pursued. 18 2. Higgs Beach Pavilions Restoration - K2M Design found rust damage on steel supports, failing anchor nuts, ADA ramp washout. Recommends sandblasting, repainting, replacing hardware, repairing plaster, rebuilding ramp. 3. FEMA Hurricane Ian Damage Repairs - Widespread 2022 storm damage to courts,playgrounds, fencing,pavilions,pier, shade structures, dog park. Some repairs complete(tennis/pickleball, playground,yoga platform); others in design phase. 4. Higgs Beach Seawall Assessment—Long term: CPH, LLC developing phased rebuild plan using NOAA/FEMA data& wave modeling; estimated cost is $3.3M CIP (FY26-FY28), unfunded in County Capital program. Short term: County proposes to stabilize the damaged section of seawall area. County has budgeted $400k in FY26 for this after which Key West can. 5. Reynolds Street Pier Upgrades - $568,436 FDOT TA grant (FY26-FY27) + $259,448 TDC grant. Design funding gap solved by $100,000 County funds; FOOT funds shifted to FY27 for construction. 6. West Martello Tower Repairs -National Historic Register site. FEMA requires separate project for storm repairs. Bender& Associates plans at 75% completion. 7. West Martello Rain Catchment System HMGP Current system inefficient, flood prone. Proposed: 4 new pumps, 4x1,000-gal tanks, new irrigation pump, structural hardening, electrical upgrades. Awaiting FDEM/FEMA review. 8. Higgs Beach Hurricane Ian Repairs {General Facilities) - Bender&Associates designing park repairs outside West Martello scope. Urgent items repaired, remaining in design as of Mar 2025. 9. Property Ownership & Conveyance- Two parcels to be conveyed. Third parcel is to be converted into a recreational field once the County has been able to get the parcel conveyed from the federal government to the county. County Airport Department is working with FAA and Department of Defense to identify which agency County needs to approach to request land conveyance, since hexagon parcel (previously improved with a FAA communication tower) is surrounded by County owned land. Airport is obligated to construct a soccer field on this PREFERRED site, or at the Hawk missile site. The objective is for staff to understand and eventually integrate the BOCC's direction into future discussions and negotiations with the City of Key West. PREVIOUS RELEVANT BOCC ACTION: 17 Aug. 2022 - BOCC approved resolution 233-2022. The original resolution was a resolution in support of the city and county entering into a land swap agreement wherein the parties were going to swap ownership of the Higgs Beach parcel for the Hawk Missile Site parcel. 15 FEB. 2022 - BOCC approved a pared down ILA that reduced the scope of the agreement between the City and County from a land swap to simply a land conveyance of the Hawk Missile site from the City of Key West to Monroe County. 22 MAR 2023 - BOCC approved rescission of the ILA dated 15 February 2023 and approved a revised ILA with the City of Key West for transfer of certain Key West properties (HAWK Missile site) in exchange for development of certain recreational facilities. 25 MAR. 2025 - BOCC approved the 1 st amendment to the ILA correcting an inconsistency between Article 11 of the ILA,which was revised to correctly reflect that the county has 4 years to complete the task of constructing the recreational facility, and Article 12 of the original ILA where the revision was omitted. 19 INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Discussion and direction DOCUMENTATION: Hawk-Missile Site Higgs Beach land swap Resolution 233-2022.pdf 2023-03-22 Hawk-ILA executed.pdf Higgs Beach Map.GIF FINANCIAL IMPACT: TBD 20 RESOLUTION NO. 233 -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 County ("the County"); and WHEREAS, the former Hawk Missile Site ("the property") 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; and WHEREAS, 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; 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 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 acres of oceanfront property, for decades; and 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 Page 1 21 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 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 NOW, THEREFORE BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: 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, at a regular meeting held on the 171h day of August, 2022. Mayor David Rice Yes w Mayor Pro Tem Craig Cates Yes Commissioner Michelle Coldiron Yes 'r`., Commissioner James K. Scholl Yes Commissioner Holly Merrill Raschein Yes may- �.d sl- �'A� �• ;� C) 73 BOARD OF COUNTY COMMISSIONERS c3 ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: nftw By: AY Deput Jerk u Mayor a ' ice 1 NROE:COUN�T.Y,�ATTOnNEY Al iOVE 6�/ FORMA P.ED O J: 11 ASSIM UNTY ATTORNEY 'Date 8/11/22 Page 2 22 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: May 9, 2023 TO: Pedro Mercado, Assistant County Attorney Abra Campo, Contract Administrator FROM: Liz Yongue, Deputy Clerk SUBJECT: March 22, 2023 BOCC Meeting The below item has been executed and added to the record: T6 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. Should you have any questions please feel free to contact me at(305) 292-3550. cc: Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 23 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 W. 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 WHEREAS, Section 7.03(a)of the City Charter authorizes the City to convey City owned property to the County without a referendum; and WHEREAS, the COUNTY owns and operates Higgs Beach as a public park located within the city limits of Key West that is funded by county-wide ad valorem taxes; and WHEREAS, in exchange for the Hawk Missile site the COUNTY has offered to develop certain recreational facilities at the Hawk Missile Site or at Higgs Beach in accordance with the CITY's vision; and WHEREAS,the parties desire to enter into an interlocal agreement for conveyance of the 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 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 Missile Site Parcels may also be used for mitigation of the recreational improvements contemplated by this agreement. NOW,THEREFORE IT IS AGREED: 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" 1 24 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. 3. TERM. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force for a term of 5 years commencing as of the 2rdday of March , 2023 and ending on the 21sk day of March , 2028. 4. USE AND CONDITIONS. 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#1772, Page#1214)which 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 mitigation for a taxiway extension to match Runway 9-27 at 5,076 feet in a form acceptable to the parties. B. The responsibilities of the parties in this conveyance are also attached to this ILA as Exhibit"B". 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. 2 25 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 of this Agreement. Copies of current policy certificates shall be filed with the COUNTY 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 County Commission, COUNTY officers and employees, and the Sheriff,and Sheriffs Office, and its officers and employees, from and against any and all claims,demands,causes of action, losses, costs and expenses of whatever type— including investigation and witness costs and expenses and attomey's fees and costs --that arise out of or are attributable to the CITY's 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 the COUNTY. The CITY's purchase of the insurance required under this Agreement does not 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. 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 LAWS/VENUE. 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 attorneys fee and costs. 5 26 12. CONSTRUCTION. This Agreement has been carefully reviewed by the CITY and the COUNTY. Therefore,this Agreement is not to be construed against any party 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 14. FULL UNDERSTANDING.This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed Agreement. 15. EFFECTIVE DATE.This Agreement will take effect upon the second signature of the parties to the Agreement. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 4 27 IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly authorized representatives. ('EJ; ) A � ``�1,, �� KEVIN MADOK, MONROE CO TY BOARD � �L�l � F MONROE COUNTY,FL OF COUNT MISSI m "tj� BY: DE VUTY CLERK MAYOR Approved for form and legal sufficiency for The sole reliance of the Board of County Commissioners of Monroe County, FL: Pedro Mercado Sr. Assistant County Attorney ************************* (SEAL) ATT ST: CHERYL SMITH CITY COMMISSION iirr6� CITY CLERK CITY OF KEY WEST airs BY: A MAYOR Approved for form and legal sufficiency for The sole reliance of the City Commission of 3 . The City of Key W FL I `'" r— X1 CD Ronald Ramsingh x z7 Interim City Attorney 5 28 ,, Pubiic.rmt"" Monroe County, FL EXHIBIT A " Overview M m rw 61 M� w� g Legend Ctnterline Easements Hooks Lot Lines Road Center V Rights of Way Shoreline Condo Building 1 I> i � Key Names i t' I i y Subdivisions �i lid a I� Parcels m Parcel ID 00066230-000000 Alternate ID 1070181 Owner Address CITY OF KEY WEST Sec/Pwp/Rng 03J68/25 Class STATE PARKS PO Box 1409 Property Address VACANT LAND Key West,FL 33041 KEY WEST District 10KW Brief Tax KW 2 SHEETS 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 Date created:8/3/2021 Last Data Uploaded:8/3/20212:16:20 AM Developed by, a t.�bBr. 29 EXHIBIT A #%,,pqPub1ic.net` Monroe County, FL q ° I Overview e , y Legend Major Roads Centerline a Easements c Hooks Lot Lines Road Center _.._ Rights of Way m Shoreline Building Condo u Iding Key Names s Parcels I hV� dl r Parcel ID 00065940-000000 Alternate ID 1068799 Owner Address C ITY OF KEY WEST Sec/Twp/Rng 03/68/25 Class STATE PARKS PO Box 1409 Property Address VACANT LAND Key West,FL 33041 KEY WEST District 10KW Brief Tax KW PLAT OF SURVEY OF LANDS ON ISLAND OF KEY WEST MONROE COUNTY FLA PTTR 41 PS 3-35 OR308-94/96 OR3772, Description 1214/34Q/C r be I ", i I r i i,J��i.I I Date created:8/3/2021 Last Data Uploaded:8/3/2021216:20AM Developed by 30 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 restrictive covenant(s). 2. To the extent allowed by city,county,and federal laws and regulations governing the 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 COUNTY parcel ID# 64850-000100 and CITY parcel ID# 66240-000000 within 3 years of the design submission by CITY. If approved,and subject to future negotiations, COUNTY and CITY agree to participate in the construction costs equally. 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 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 CITY owned or controlled area of CITY's choosing, all remaining materials and 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 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. 6 31 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 shal I pay for and install an appropriate memorial to Richard Recupero for 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. 7 32 a I r rG r I J day �r iii ; �{4's I � d u I 33 EXHIBIT ywuuP �i1 Al2 , ll Its a le 4 i w� r /yu I i r' y Yr / �lf>%iri�Y�r j�%/���//I ri �/ink r/i/ ✓ r ,,:;, u, , ,n ,l 34 r a" I IIii�I V r i rl� r 7" ea o �I p � iorr y, i /ri ii��� �u�rir,nlf�a,xN„; ,.,,4/�', ,�r➢,� �� 4 r. r l 35