HomeMy WebLinkAboutItem S04 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District 1
James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: S4
26-0720
BULK ITEM: Yes DEPARTMENT: Administration
TIME APPROXIMATE: N/A STAFF CONTACT: Christine Hurley
AGENDA ITEM WORDING: Approval of Resolution granting authority to the Mayor to execute a
quit claim deed conveying Higgs Beach from Monroe County to the City of Key West.
ITEM BACKGROUND: The Monroe County (County) Administrator along with County staff has
been working diligently with the City of Key West(City) Manager along with City staff on the terms
of an Interlocal Agreement that would result in the County conveying Higgs Beach to the City. The
approval of the Interlocal Agreement is a companion item which is also begin heard at this meeting.
This resolution grants authority to the Mayor to execute the quit claim deed conveying Higgs Beach
from the County to the City.
The Key West Commission approved the conveyance at their April 1, 2026 meeting.
PREVIOUS RELEVANT BOCC ACTION: Directed the County Administrator to proceed with
negotiating an Interlocal Agreement for the transfer of Higgs Beach from the County to the City at the
March 11, 2026 BOCC meeting.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION Approval
DOCUMENTATION:
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
RESOLUTION NO. - 2026
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AUTHORIZING THE
CONVEYANCE OF 2 PARCLES OF LAND, PARCEL ID:
00058790-000100 AND PARCEL ID: 00058800-000000, AS
DESCRIBED IN ATTACHMENT 1 BY QUIT CLAIM DEED
TO THE CITY OF KEY WEST.
WHEREAS, Section 125.38, Florida Statutes, empowers the Monroe County Board of
County Commissioners (BOCC) to convey real property when requested by the United States, or
any department or agency thereof, the state or any political subdivision or agency thereof, or any
municipality of this state, or corporation or other organization not for profit which may be
organized for the purposes of promoting community interest and welfare and is not needed for
county purposes; and
WHEREAS, at the March 11, 2026 regularly scheduled BOCC meeting, following a
presentation by the Monroe County Administrator proposing to convey Higgs Beach to the City
of Key West (City), the BOCC directed the County Administrator to pursue an Interlocal
Agreement with the City conveying Higgs Beach to the City; and
WHEREAS, the County Administrator along with County staff have met with the City
Manager and City staff on multiple occasions to review the legal,financial, operational, and policy
considerations associated with a potential conveyance of Higgs Beach to the City of Key West;
and
WHEREAS, the County Administrator, the City Manager and their respective staffs have
come to agreed upon terms for the conveyance of the Higgs Beach parcels and memorialized in
the "HIGGS BEACH CONVEYANCE, INTERLOCAL AGREEMENT BETWEEN THE CITY
OF KEY WEST AND MONROE COUNTY" approved by the City at its April 1, 2026 City
Commission meeting and the County at its April 15, 2026 County Commission meeting, and;
WHEREAS, the County finds the conveyance of the Higgs Beach parcels to the City are
in the best interests of the County and serve a valid public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
1. The recitals set forth above are incorporated as if fully set forth herein.
2. The Mayor is hereby authorized to execute a Quit-Claim deed, attached hereto as
Attachment 1, conveying Higgs Beach parcels ID numbers 00058800-000000 and 00058790-
000100 to the City.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a meeting of said Board held on the this day of April, 2026.
Mayor Michelle Lincoln
Mayor pro tem David Rice
Commissioner Craig Cates
Commissioner James K. Scholl
Commissioner Holly Merrill Raschein
(Seal)
Attest: Kevin Madok, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor Michelle Lincoln
Re:RE#00058800-000000
RE#00058790-000100
This instrument prepared by, ATTACHMENT I
or under the direction of:
PEDRO J.MERCADO
Chief Assistant County Attorney
Monroe County
FBN#84050
1111 12thj St,Suite 408
Key West,FL 33041
QUIT CLAIM DEED
THIS DEED, made this day 2026, by the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision
of the State of Florida and party of the first part, whose address is 1100 Simonton Street, Key
West, FL 33040, to the CITY OF KEY WEST, a municipality incorporated in the State of
Florida and party of the second part, whose address is 1300 White Street, Key West, Florida
33040.
WITNESSETH, that the said party of the first part, for and in consideration of the
assumption of jurisdiction and responsibility over the property conveyed herein does hereby
remise, release and quitclaim unto the said party of the second part forever, all the right, title,
interest, claim and demand which the said party has in and to the following described real
property lying and being in Monroe County, Florida, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Parcel ID: 00058790-000100
Parcel ID: 00058800-000000
By acceptance of this quit claim deed, party of the second part hereby agrees that the use
of the Property described herein shall be subject to the covenants and restrictions as set forth in
that certain Land and Water Conservation Fund Program Grant, Project # 12-00209 as amended
in Project # 12-00209.1, see EXHIBIT `B" attached hereto and made a part hereof These
covenants and restrictions shall run with the Property herein described in perpetuity.
(SIGNATURE PAGE TO FOLLOW)
Page 1 of 2
Re:RE#00058800-000000
RE#00058790-000100
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise pertaining, and all the estate, right, title, interest, lien, equity
and claim whatsoever of the said first party, either in law or equity, to the only proper use,
benefit and behoof of the said second party forever.
IN WITNESS WHEREOF, the said party of the first part has caused these presents to
be executed in its name by its Board of County Commissioners acting as the Mayor of said
Board, the day and year aforesaid.
(SEAL)
BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairman
Page 2 of 2
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EXHIBIT B
CL, LC .3_;�
( DNR Contract Number)
FLORIDA DEPARTMENT OF NATURAL RESOURCES
LAND AND WATER CONSERVATION FUND PROGRAM
Project Agreement
Project Number)
This Project Agreement made and entered into This
day _(of , , 19 by and between the State of, a4x Ae"� - -
Florida Department of Natural Resources, hereinafter called
DEPARTMENT and Monroe county
hereinafter called the PROJECT SPONSOR, in furtherance of an
approved outdoor recreation project involving the parties hereto
in pursuance of which the parties hereto agree as follows :
1 . This Agreement shall be performed pursuant to
Chapter 16D-5 , Part I , Florida Administrative Code, the Land and
Water Conservation Fund Act of 1965 , 78 Stat. 897 (1964) , as
amended, and in accordance with the general provisions for such
contracts prescribed by the United States Department of the
Interior attached hereto and designated Exhibit "A" . By
acceptance of the grant, the PROJECT SPONSOR agrees to comply
with the requirements of Title VI of the Civil Rights Act
of 1964, and Section 504 of the Rehabilitation Act of 1973 , and
further agrees to cooperate with the DEPARTMENT in all aspects
of compliance with all federal and state laws relating to the
Program funds . It is the intention of the parties hereto that
none of the provisions of Section 163 .01 , Florida Statutes, shall
k c, t] i.0 JI'I( I I I C V I I I r 1 t: !I (PI LI 10 t- 17 1:C)1)(ar,t�,Y
described in Exhibit "B" attached .
3 . ThC PRWI-I'CT SPUNL;OR will_ Ur
construction of, certain outdoor recreation facilities and impro-
vements in accordance with the project elements described herein
and in accordance with the site plan attached as Exhibit "C" .
The following shall be considered the project elements :
si-te t-enn.is c'()LIrt-,; , ill)(I 'I) icllic
4 . The PROJECT SPONSOR shall begin work on the project
by 19_B_4__ and shall complete the project by
-Sopl.-rnjiber 15 19_a_4_ unless amended by mutual agreement for
good cause .
i
' 5 The DEPARTMENT shall pay, on a reimbursement basis '
to the PROJECT SPONSOR such Program funds , not to exceed
$ 110 , 223 . 136 which will pay said Program' s share of the cost
of the project. Program fund limits are based upon the
following :
Total Project Cost $ 220 , 447 . 12
Program Amount $ 111 11,0 r 2 12 3- 56
Program Sponsor Match $ 110 , 2 2 3 . 1'-)6)
6 . Eligible costs for constructing said project are
defined in the Grant Accountability Policy described in Exhibit
"D" , attached. Expenses, representing the grant amount and
required match, shall be reported to the DEPARTMENT and sum-
marized on certification forms provided in Exhibit "D" . The
PROJECT SPONSOR shall retain all records supporting these costs
for three (3 ) years after the fiscal year in which the final
Program payment was released by the DEPARTMENT, except that such
records shall be retained by the PROJECT SPONSOR until final
resolution of matters resulting from any litigation, claim, or
audit that started prior to the expiration of the three-year
retention period.
7 . The DEPARTMENT and the PROJECT SPONSOR fully
understand and agree that there shall be no reimbursement of
funds by the DEPARTMENT for any obligation or expenditure made
prior to the execution of this Project Agreement with the excep-
tion of $
jffl for: Projcct plarining, devc]-opmont, alld
enviromnental assessDion.t.
8 . Competitive open bidding and purchasing for the
construction of said project facilities or improvements shall
comply with all applicable laws . Following completion of project
construction, -the PROJECT SPONSOR' S Liaison Agent shall provide
a statement certifying all purchases or contracts for con-
struction were competitively bid pursuant to applicable law .
9 . Richard W. Froemke i Ch.-i.e.[` , Office Rec . Serv .,
(Name .
(Title)
-
or successor, is hereby designated as the DEPARTMENT' S Contract
Manager for the purpose of this Project Agreement and shall be
$PoriSoW S Liaison A(ionL_ Shall sul-mi.it to the �3 SiYrl(*d
Project status report every ninety (90) days summarizing the work
accomplished, problems encountered, percentage of completion and
other appropriate information. Photographs shall be submitted
when appropriate to reflect the work accomplished.
10 . The PROJECT SPONSOR agrees to provide the
DEPARTMENT with annual attendance reports at such time the pro-
ject is opened for use by the general public. Said attendance
reports shall be submitted to the DEPARTMENT during the month of
July of each year and shall provide attendance records, for a one-
year period beginning, ning on July 1, and ending on June 30 of the
previous year.
11 . Should a user fee system be implemented for the
project, such fees shall be imposed uniformly upon all users
without regard to age, sex, race, other condition, or the political
subdivision in which the user may reside . If re.quested by the
PROJECT SPONSOR and authorized by the DEPARTMENT, special
allowances may be made for certain classes or groups of users .
12 . All moneys expended by the PROJECT SPONSOR for the
purposes contained herein shall be subject to preaudit review and
approval by the Comptroller of Florida in accordance with Section
17 .03 , Florida Statutes . Supporting documentation for expen-
ditures shall be provided by the PROJECT SPONSOR in accordance
with the Grant Accountability Policy, attached as Exhibit "D" .
13 . The PROJECT SPONSOR agrees to save and hold
harmless the DEPARTMENT, its officers, agents, and employees from
any and all liabilities, claims , actions , damages, awards and
judgements, to the extent allowed by law, arising from the
PROJECT SPONSOR' S obligations contained herein to construct,
or other ma,Lerial made or rece�iv(-:d iri C0rIjur1(_,t-_.i.orI with Lhe Project
Agreement pursuant to the provisions of Chapter 119 , Florida
Statutes .
1 16 . The PROJECT SPONSOR agrees to dedicate the land
described in Exhibit "B" and by its acceptance of the provisions
of this Agreement does hereby dedicate the land described in
Exhibit "B" to the public in perpetuity as a recreation area
available to the general public for recreational purposes only .
17 . The PROJECT SPONSOR shall not for any reason
convert all or any portion of the property described in Exhibit
"B" to other than recreational purposes, without prior approval
of the DEPARTMENT and the National Park Service pursuant to
section 6 ( f) ( 3 ) of the Land and Water Conservation Fund Act .
18 . The PROJECT SPONSOR agrees to operate and maintain
the project at its own expense for a minimum period of twenty-
five (25 ) years from the date of project completion. The project
shall be open for public use; shall be maintained in accordance
with applicable health standards and shall be kept in reasonable
repair to prevent undue deterioration and to encourage public
use. The PROJECT SPONSOR covenants that it has full legal
authority and financial ability to operate and maintain said pro-
ject facilities and improvements .
19 . Following receipt of an audit report identifying
any refund due the DEPARTMENT for non-compliance by the PROJECT
SPONSOR with said Project Agreement, the PROJECT SPONSOR will be
allowed a maximum of sixty ( 60) days to submit additional per-
tinent documentation to offset the amount identified as being due
the DEPARTMENT. The DEPARTMENT, following a review of the docu-
mentation. submitted by the PROJECT SPONSOR, will inform the
__ __ __ - , -__ __.C_-I A.. 4-1,- ntln A DfI'MV'KTrP
'MI"
'NT of 111(-)tl( Y
21 . If the United States, acting through the Department
of the interior, the Sccrotary of the Interior, or any other
branch of the government of the United States, acting within the
scope of its lawful authority, should for any reason demand a
refund from the DEPARTMENT, in whole or in part, of the funds,
provided to the PROJECT SPONSOR under the terms of this Agreement,
the PROJECT SPONSOR, upon notification from the DEPARTMENT,
agrees to refund and will forthwith repay directly to the
DEPARTMENT the amount of money demanded .
22 . For any year in which this contract extends beyond
the DEPARTMENT' S fiscal year (June 30) , performance by the
DEPARTMENT under this contract shall be subject to and contingent
upon the availability of monies lawfully appropriated to the
DEPARTMENT for the purposes of this contract .
22 . The PROJECT SPONSOR and the DEPARTMENT mutually
agree to the following special terms and conditions incorporated
as part of this Agreement: NONE
114 WITNESS WHEREOF , Lhe parties hereto have caused thes(�
presents to be executed by the officers and agents thereunto
lawfully authorized .
STATE OF FLORIDA
DEPARTMENT OF
N
RAL RESOURCE S
Reco .4n e
ABycc:
epted
N -� Landru11 rpose
aisNn Officer State of Florida
Attes t :
Approve
By :
Dr , Elton J . Gissenczanner
Executive Director
Attest :
(7.
AcKtract MY e r
DNR Contract Administrtito-r
Approved as to
Form an Legality
DN Attorney
DEPARTMENT OF NATURAL RESOURCES
Florida Land and Water Conservation Fund Program
LIST OF PROJECT ELEMENTS
The Clarence Higgs Beach & Park Expansion consisted of the
construction or renovation of the following project elements :
1. Three (3) new tennis courts were constructed adjacent to
the already existing three (3) tennis courts , thus doubling
the recreation facilities in this area of the park.
2. one (1) new handball/racquetball was constructed in the
area of the radio tower.
were removed and the area graded
3. Several segments of fencing w ck fill. Approximately
to receive crushed limero
and leveled fill material was spread and rolled in
yards of yards of sand.
4 , 030 cubic
and then covered with 1, 160 cubic
this section
a of sandy beach the
This greatly enlarged the areth e as-built siteat plans.Higgs
Beach Park as can be seen by
4. In this newly expanded section, the Public Works Department
constructed eight (8) tike huts fore use as picnic shelters .
Eight (8) TDicnic benches were also onstructed with one (1)
the bli Works epar
placed at each tiki. In addition,
purchased eight (8) new barbecue grillsP,u onec (1) forD eachtment
shelter.
5. The existing roadway in the park area had to be re-routed to
the beach area and a new roadway
accomodate the expansion of roadway
s constructed. This new r
with an alternate routing wa
consists of a crushed limerock base with double-surface
ock, this construction method is iden
treatment of oil and r in construction of all
tical to the one used by nionroe County 11 for the extension
of our secondary roads . Future plans ca ide access to the
of this road throughout the park area to prov
proposed parking lot addition. - . -1 -,-- area
UNITED STATES STATE Florida
DEPARTMENT OF THE INTERIOR
NATIONAL P:..RK SERVICE Project Amendment No. 2-0- Si2 9. 1
AMENDMENT TO PROJECT AGREEMENT
THIS AMENDMENT To Project Agreement No12--00209 1s hereby made and agreed upon by
the United States of America, acting through the Director of the National Park
Service and by the State of pursuant to the Land and 'Hater
Conservation Fund Act of 1965, 78 Stat. 897 (1964) .
The State and the United States, in mutual consideration of the promises made
herein and in the agreement of which this is an amendment, do promise as
follows:
That the above mentioned agreement is amended by adding the following:
Change in project scope to include developirent o
handball/racquetball court.
Federal assistance will rein the sarre.
Fla-Monroe-N/A
12-087-0000
In all other respects the agreement of which this is an amendment, and the
plans and specifications relevant thereto, shall remain in full force and
effect. In witness whereof the parties hereto have executed this amendment as
of the date entered below.
THE UN E TATE OF AMERICA STATE
Hy Florida
(Signature) }
II T W 1",T H "AI, I
This Amendment to Project Agreement No . 12-00209 is
hereby made and agreed upon by the State of Florida acting
through the Executive Director of the Department of Natural
Resources and Monroe County (Higgs Beach Park) pursuant to
the Land and Water Conservation Fund Act of 1965 , 78 Stat . 897
(as amended) . The State of Florida and the County
in mutual consideration of the covenants made herei" and in the
agreement of which this is an amendment , do covenant as follows :
That the above mentioned Agreement is amended by a2ding
the following :
Increase scope of project to include
development of handball/racquetball court .
In all other respects the Agreement of which this is an ,
amendment and the plans and specifications relevant thereto shall
remain in full force and effect.
IN WITNESS WHEREOF , the parties hereto have eNecuLed this
amendment as of the date entered below .
STATE OF FLOIII' MONROE COUNTY BOARD OF
1 -I�,_
DEPARTMENT N' T_ RAL RESOURCES COUNTY COMMISSIONERS
RESOURCES A L
Recomq Qqec Accepted
-6d C
By : By
Noy t t—
oy C Landrum 6tp,A4?SQ ' Vr thV Purpose
I I-,
Liaison officer Higgs Beach Res -oration Project
State of Florida Director , Monroe County Public
Land and Water Conservation Fund