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.
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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.
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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
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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
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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"
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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.
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
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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
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.
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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 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.
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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
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,, Pubiic.rmt"" Monroe County, FL EXHIBIT A
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Ctnterline
Easements
Hooks
Lot Lines
Road Center
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Rights of Way
Shoreline
Condo Building
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Subdivisions
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Parcels
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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
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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
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