HomeMy WebLinkAbout04/29/2026 Agreement R-�
GV COURJB V
00Kevin Madok, CPA
' �►�� Clerk of the Circuit CourtComptroller& — Monroe County, Florida da
OryROE cooNSy
DATE: April 29, 2026
TO: Christine Hurley
County Administrator
Pedro Mercado
Chief Assistant County Attorney
FROM: Liz Yongue, Deputy Clerk
SUBJECT: April 15, 2026 BOCC Meeting
The following item has been executed and added to our record:
S3 Higgs Beach Conveyance Interlocal Agreement between the City of Key West
and Monroe County.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
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
HIGGS BEACH CONVEYANCE
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF KEY WEST AND MONROE COUNTY
t
between the This
CITY OF KEY("Agreement")
a municipal corporation of to State o : day of °����s � , s 130 by and
f Florida,wh a dress is 1300 White
Street, Key West, Florida, 33040 ("City") and MONROE COUNTY, a political subdivision of the State of
Florida,whose address is 1100 Simonton Street, Key West, FL 33040("County").
WITNESSETH:
WHEREAS, the parties have the authority under Section 163.01, Florida Statutes, titled "Florida
Interlocal Cooperation Act of 1969."to cooperate with other localities on a basis of mutual advantage to provide
services and facilities in a manner and pursuant to forms of governmental organization that will accord best with
geographic,economic,population,and other factors influencing the needs and development of local communities;
and
WHEREAS,the County owns 2 parcels of land(RE#s 00058800-000000 and 00058790-000100)located
at 1040 Atlantic Boulevard, Key West, Florida, 33040, within the City limits of Key West, Florida, commonly
known as("Higgs Beach"); and
WHEREAS, the Federal Aviation Administration(FAA)owns 1 parcel of land(RE#00058790-000000)
located in the center of one of the aforementioned County owned parcels (RE#00058790-000100), which was
previously used as the location for a Navigational Directional Beacon(NDB),which was recently removed; and
WHEREAS,the County Airport Department is currently coordinating with the FAA to determine whether
the FAA is willing to convey RE#00058790-000000 to the County for development of a 100'x 300' open
recreational field in accordance with the"Hawk Missile Site/Higgs Beach Interlocal Agreement",and the"Hawk
Missile Site/Higgs Beach Pt Amendment to Interlocal Agreement"; and
WHEREAS,the County currently manages Higgs Beach and the improvements thereon,along with three
tenants at the site: 1000 Atlantic Blvd.LLC(also known as the Salute building);Key West Garden Club Inc.;and
Salute Watersports LLC; and
WHEREAS,the City has expressed its desire to own and manage Higgs Beach to meet the future needs
of the Key West community and visitors to Key West; and
WHEREAS, the County has expressed its desire to convey Higgs Beach to the City for continuity of
management; and
WHEREAS,the parties have determined that this Agreement is in the best interests of the public.
NOW,THEREFORE,the parties hereto agree as follows:
Section 1. PROPERTY AND OWNERSHIP: The properties, currently owned by Monroe County,
covered by this Agreement include the following parcels:
Real Estate Numbers: 00058800-000000 and 00058790-000100,located at 1040 Atlantic Boulevard,Key
West, Florida, 33040,within the city limits of Key West, Florida, commonly known as Higgs Beach described in
("Attachment 1
1
Section 2. CONVEYANCE OF PROPERTY FROM COUNTY TO CITY: Within 30 days of the
Effective Date of this agreement, the County shall convey via Quit Claim Deed to the City,the parcels described
above, consistent with the Boundary, Topographic Survey ("Attachment 2"). City agrees to take said property
subject to the covenants and restrictions set forth in that certain Land and Water Conservation Fund Program
Grant, Project 4 12-00209 as amended in Project 4 12-00209.1 (Attachment 3). These covenants and restrictions
shall run with the Property herein described in perpetuity.
Section 3. FUNDING FOR IMPROVEMENTS TO BE MADE BY CITY:
The following table demonstrates the repair or renovation items that were included in the analysis of physical
improvements needed or in process at Higgs Beach.
Description Estimated Cost Funding Source
Beach Playground(2 roof panels on 2 picnic shelters) $8000 Insurance Proceeds
Astro City playground picnic shelters-Facia on 1 shelter $161,000 Insurance Proceeds
Repairs to Large/Small Dog Parks $35,000 Insurance Proceeds
Repair interior posts and rail fencing at dog park and Astro City $40,000 Insurance Proceeds
Chain Link perimeter fencing $79,000 Insurance Proceeds
Repair of Yoga decking $98,000 Insurance Proceeds
Beach Pavilion $200,000 TDC Grant
Beach Pavilion handicap ram (1) $10,000 Insurance Proceeds
Beach Pavilion bench $4000 Insurance Proceeds
West Martello Tower doors,slate floors,fence $249,000 Insurance Proceeds
West Martello Wooden Cover Rain Catchers stem $30,000 Insurance Proceeds
West Martello Rain Catcher System owned by Garden club $50,000 Insurance Proceeds
West Martello HVAC $375,000 TDC Grant
Parkin Lot/Bike Lane(potholes,markings,stripping) $45,000 Insurance Proceeds
Seawall stabilization $400,000 Capital Funding
Reynolds Street Pier
Binoculars,dock transition stairs/si na e $178,000 Insurance Proceeds
Structural Components(shore up piers and wrap)
Design $100,000 Capital Funding
Construction TDC funding $259,448 TDC Grant
Construction FDOT funding $568,436** FDOT Grant
Subtotals by Funding Source.
County Capital Funding $500,000
TDC Grants $834,448
Insurance Proceeds $987,000
FDOT TAP Grant $568,436
GRAND TOTAL OF ALL IMPROVEMENTS $2,889,884
**Not available until July 1,2026-June 30,2027-likely to be constructed by Key West
A. Within 14 days of conveyance of Higgs Beach to the City, the County agrees to:
a. Transfer Hurricane Ian Insurance proceeds ($987,000) to repair or replace items damaged during
Hurricane Ian
b. Transfer Capital Funding as follows:
i. Seawall patch: $400,000
ii. Design of Reynolds Street Piers repair: $100,000
B. Within 60 days of conveyance of Higgs Beach to the City, the County agrees to:
a. Amend TDC grant agreements, transferring a total of$834,448 for projects as follows:
i. Beach Pavilion Grant of$200,000
2
ii. West Martello HVAC system of$375,000
iii. Reynolds Street Pier construction funding of$259,448
C. Within 180 days of conveyance of Higgs Beach to the City, the County agrees to work cooperatively with the
City and Florida Department of Transportation to request and support the transfer of the FDOT grant in the amount
of$568,436 to the City of Key West.
D. The City and County agree to enter into an Accord and Satisfaction Agreement(Attachment 4) in satisfaction
of the County's, and the Key West International Airports, obligations contained in the Hawk Missile Site/Higgs
Beach Interlocal Agreement, approved at the March 22, 2023 BOCC meeting (Exhibit A to the Accord and
Satisfaction Agreement). Pursuant to the Accord and Satisfaction Agreement the City agrees to accept$1,252,539
from the Key West International Airport enterprise fund pursuant to the engineered estimate provided by airport
staff(Exhibit B to the Accord and Satisfaction Agreement), in lieu of designing and building a 100 ft by 300 ft.
recreational field. The Accord and Satisfaction Agreement shall state that upon transfer of the $1,252,539, the
Key West International Airport, on behalf of the County, has for all intents and purposes met all the requirements
of the Hawk Missile Site/Higgs Beach Interlocal Agreement and that neither the Key West International Airport
nor the County has any further obligations thereunder. Further, as part of this Higgs Beach Conveyance
Agreement, County also agrees to transfer an additional $747,461 from a fund, other than the Key West
International Airport enterprise fund, for a total transfer to the City of$2,000,000. City shall return the executed
Accord and Satisfaction Agreement within 30 days of approving this agreement along with wire transfer
instructions for the transfer of the funds. Thereafter, on or before 10/1/26 county shall submit a payment request
in the amount of Two Million Dollars ($2,000,000) to the Clerk of Courts for a transfer of funds to occur on
10/l/26.
Section 4. TENANTS OF PROPERTY: The following tenants lease certain portions of the property
from the County and upon conveyance, the City will assume all leases as assigned. This may require Key West
Commission action.
A. 1000 Atlantic Blvd. LLC (Salute)
B. Salute Watersports LLC
C. Key West Garden Club, Inc.
Section 5. VENDORS OF PROPERTY: The following vendors perform services to maintain the
park and may or may not be used by Key West for future operations:
A. Beach Raker, LLC—Beach Cleaning Services
B. RollKall Technologies, LLC—Provides security detail with off duty police officers
Section 6. OTHER PERTINENT INFORMATION: The County has provided substantial
information to the City of Key West from their long term files on this property including but not limited to: Title
work; Survey Information; Service Vendors used by the County; Land and Water Conservation Fund grant
documents; Grant information for various grants the County obtained for repairs or improvements to the physical
improvements; Army Corp of Engineers permit for beach renourishment; and data collected related to any
potential grave sites underground.
The County will continue to cooperate with the City to provide any and all documents as questions arise
to assist the City with owning and managing Higgs Beach.
Section 7. RECORDS — ACCESS AND AUDITS: The City and County shall maintain adequate
and complete records with regard to the Higgs Beach conveyance for a period of 7 years after termination of
3
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 the Higgs Beach conveyance upon
request. The City,its officers,employees,agents and contractors,shall have access to the County's books,records,
and documents related to the Higgs Beach conveyance upon request. The access to and inspection of such books,
records, and documents by the County or the City shall occur at any reasonable time.
Section 8. TERM: Subj ect to and upon the terms and conditions set forth herein,this Agreement shall
continue in force until all the deliverables in Section 3 and Section 4 have been transferred or assigned. (The
County Administrator shall prepare a"Higgs Beach Conveyance, Memorandum to the Interlocal Agreement"for
filing with the Clerk of Court as a supplement to this ILA and countersigned by the City Manager acknowledging
completion of all required tasks).
Section 9. GOVERNING LAWSNENUE: This Agreement shall be construed in accordance with
and governed by the laws of the State of Florida and the United States. Exclusive venue for any dispute arising
under this Agreement shall be in the Sixteenth Judicial Circuit in and for Monroe County, Florida. In the event of
any litigation, the prevailing parry is entitled to a reasonable attorney's fee and costs. This Agreement is not
subject to arbitration.
Section 10. NONDISCRIMINATION: The parties agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on the part of
any parry, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to 1) Title
VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended(20 USC §794),which prohibits discrimination on the basis of disability;
4) The Age Discrimination Act of 1975, as amended(42 USC §§ 6101-6107), which prohibits discrimination on
the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental
or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) All requirements
imposed by or pursuant to Title 49,Code of Federal Regulations,Department of Transportation, Subtitle A,Office
of the Secretary,Part 21,Nondiscrimination in Federally-assisted programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; and 12) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to,or the subject
matter of, this Agreement.
Section 11. CODE OF ETHICS: The parties agree that their officers and employees recognize and
will be required to comply with the standards of conduct relating to public officers and employees as delineated
in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
4
Section 12. NO SOLICITATION/PAYMENT: The parties warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not been paid or agreed to pay any person, company, corporation,
individuals, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift,
or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach
of violation of this provision, each party agrees that the other party shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover the full amount of such
fee, commission,percentage, gift, or consideration.
Section 13. SUBORDINATION: This Agreement is subordinate to the laws and regulations of the
United States and the State of Florida, whether in effect on commencement of this Agreement or adopted after
that date.
Section 14. INCONSISTENCY: If any item, condition, or obligation of this Agreement is in conflict
with other items of this Agreement, the inconsistencies shall be construed so as to give meaning to those terms
which limited the County's responsibility and liability.
Section 15. PUBLIC ACCESS TO RECORDS: The parties shall allow and permit members of the
public reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this
Agreement.
Section 16. NON-RELIANCE BY NON-PARTIES: Other than as stated herein,no person or entity
shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any
third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the parties
agree that neither the County nor the City or any agent, officer, or employee of each shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community
in general or for the purposes contemplated in this Agreement.
Section 17. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member,officer,agent or employee of a party in his or her individual
capacity, and no member, officer, agent or employee of a party shall be liable personally on this Agreement or be
subject to any personal liability or accountability by reason of the execution of this Agreement.
Section 18. NOTICES: All notices and other communications hereunder must be in writing and
addressed as follows, or to any other address which either parry may designate to the other parry by mail:
If to Key West: Brian Barroso
City Manager
City of Key West
1300 White Street
Key West, Florida 33040
With a copy to: Kendal Harden, Esquire
Chief Assistant City Attorney
City of Key West
1300 White Street
Key West, FL 33040
5
If to County: Christine Hurley
County Administrator
Monroe County Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to: Robert Shillinger, Esquire
County Attorney
Monroe County Attorney's Office
1111 121h Street, Suite 408
Key West, Florida 33040
Any notice required by this Agreement to be given or made within a specified period of time, or on or
before a date certain, shall be deemed to have been duly given if sent by certified mail, return receipt requested,
postage and fees prepaid; hand delivered, or sent by overnight delivery service.
Section 19. ENTIRE AGREEMENT/MODIFICATION/AMENDMENT: This writing contains
the entire Agreement of the parties and supersedes any prior oral or written representations. No representations
were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee,
or other representative of either party is empowered to modify or amend the terms of this Agreement, unless
executed with the same formality as this document.
Section 20. MISCELLANEOUS: Each parry represents and warrants to the other that the execution,
delivery, and performance of this Agreement has been duly authorized by all necessary corporate or other
organizational action, as required.
Section 21. COUNTERPARTS: This Agreement may be executed in several counterparts, each of
which shall be deemed an original, and such counterpart shall constitute one and the same instrument.
Section 22. SEVERABILITY: The provisions of this ILA are declared to be severable, and if any
sentence, section, clause or phrase of this ILA shall,for any reason,be held to be invalid or unconstitutional, such
decision shall not affect the validity of the remaining sentences, sections, clauses or phrases of the Ordinance,but
they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the
invalidity of any part.
Section 23. EFFECTIVE DATE: This Agreement shall take effect on the date set forth above.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
6
. IN WITNESS WHEREOF,each party has caused this Agreement to be executed by:its duly authorized . : :
representative. :
(SEAL) =
. . •• THECITY:QF•KEY VEST;FLORIDA. : : .: :
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APPROVED AS TO FORM AND • . :: . : -
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MONROE COUNTY BOARD OF.
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. APPROVED AS TO:FORM AND : •
LEGALI THE USE AND : • : . •
RELIANCE.OF THE BOARD:OF . : •
COUNTY COMMISSIONS OF
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ital bert 8..5hill ger,Jr.
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� � .� Date.2026.04:2310:543®-0�Q0. •.
Robert B.Shillinger,Jr,
Monroe County Attorney •
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Re:RE#00058800-000000
RE#00058790-000100
This instrument prepared by, ATTACHMENT 2
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 parry 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 parry of the second part, whose address is 1300 White Street, Key West, Florida
33040.
WITNESSETH, that the said parry 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 parry of the second part forever, all the right, title,
interest, claim and demand which the said parry 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, parry 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 4 12-00209 as amended
in Project 4 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)
Pagel 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 parry forever.
IN WITNESS WHEREOF, the said parry 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
MONROE COUNTY ATTORNEY
Approved as to form and legal sufficiency
By
Pedro J. Mercado, Chief Assistant County Attorney
Page 2 of 2
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EXHIBIT B
(DNR Contract Number) �
FLORIDA DEPARTMENT OF NATURAL, RESOURCES
LAND AND WATER CONSERVATION FUND PROGRAM
Project Agreement
12-00 9
(Project Number)
This Project Agreement made and entered into this IL
day of 19 f,,3, by and between the State of
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
have application to this Agreement.
2. The DEPARTMENT has found that outdoor recreation is
the primary purpose of the project known as Higgs beach Park
(Land and Water Conservation
Fund project number 12-00 2Q9 ) , and enters into this Project
Agreement with the PROJECT SPONSOR for construction of outdoor
Page l of 7
DNR 42-040 Revised
6-21-83
r# t t i I- i c i I i t. i. rI 1 1(1 i I I I I)I:-()V t-lilt rl t,,3 ()q t-I I I:t jI I q )1)4,1-t,y
described in Exhibit "B" attached.
3 . The PRWE'CT SPUNSW wilL
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:
site preparation, tenni:> co ]I-t-_-;, rind pic-nic
4. The PROJECT SPONSOR shall begin work on the project
by January 19 and shall complete the by il� _3_d_ project .
SepLemiber. 15 19_3_�_ unless amended by mutual agreement for
good cause.
5I. The DEPARTMENT shall pay, on a reimbursement basis '
to the PROJECT SPONSOR such Program funds, not to exceed
$ -11.0,223.56 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.J2
Program Amount 110 223 5(-,
Program Sponsor Match .110,2 23. 6
Type of Match Cash c X P e n d i t-u LLL,/ (IL=_3 has is
Program funds may be released in no more than five (3) install-
ments, at the discretion of the DEPARTMENT, upon the request of
the PROJECT SPONSOR. The DEPARTMENT shall retain $ 11 ,022. 3(-1
of the entire program amount until completion of the project.
Page 2 of 7
DNR 42-040 Revised
6-21-83
6. EliyibLe 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 $_LS5..,700jU0 for: Project plarming, dovelopiicnt, 01)(I
environmental assessment.
S. 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. Froem]-,.e Chief, Office Rec. Serv.,
--(-Name)
or successor, is hereby designated as the DEPARTMENT'S Contract
Manager for the purpose of this Project Agreement and shall be
responsible for insuring performance of its terms and conditions
and shall approve all reimbursement requests prior to payment.
The PROJECT SPONSOR shall appoint a Liaison Agent, whose name and
title shall be submitted to the DEPARTMENT upon execution Of the
Project Agreement, to act on behalf of the PROJECT SPONSOR
relative to the provisions of the Project Agreement. The PROJECT
Page 3 of 7
DNR 42-040 Revised
6-21-83
S Liaison A(J,_'rit shall submit to the DEPARTMENT a signo(
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 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 requested 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,
operate and maintain the project.
14. The DEPARTMENT reserves the right to inspect said
project and any and all records related thereto at any time.
1 15. This Project Agreement may be unilaterally
cancelled by the DEPARTMENT in the event the PROJECT SPONSOR
refuses to allow public access to all documents, papers, letters,
Page 4 of 7
DNR 42-040 Revised
6-21-83
'tier
or otmaLerial made or recti_ved irl con ju,icLiorl with Ule PrOiCCL
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
PROJECT SPONSOR of any refund due the DEPARTMENT.
20. The DEPARTMENT shall have the right to demand a
refund, either in whole or part, of the funds provided to the
PROJECT SPONSOR for non-compliance with the terms of this Project
Agreement, and the PROJECT SPONSOR upon notification from the
DEPARTMENT, agrees to refund, and will forthwith pay directly to
Page 5 of 7
DNR 42-040 Revised
6-21-83
of lllonry rIemarld',7d
21. if the United States, acting through the Department
of the Interior, the Secretary of the Interior, or arty otlier
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 demarided.
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
Page 6 of 7
DNR 42-040 Revised
6-21-83
IN WITNESS WHEREOF, thu parties heAto have caused these
presents to be executed by the officers and agents thereunto
lawfully authorized.
STATE OF FLORIDA
DEPARTMENT OF N�' PJ%L RESOURCES
Reca i n lie Accented
11 le
By: By: ly
YQ-
Ney Landrum rpose
w
71"i 4�&s Offices
State of Florida
Attest:
Approve
By:
Dr. Elton i - �(��iss canner
Executive Director
Attest: 14
DITITC-ontract r1a7na(fer
D-NR Contract AdAHANto-r—
Approved as to
Form and Legality
Usk Attorney V
Pave 7 of 7
DNR 42-040 Revised
6-21-83
DEPARTMENT OF NATURAL RESOURCES
Florida Land and Water Conservation Fund Program
LIST OF PROJECT ELEMENTS
The Clarence Higgs Beach & Park Expansion consisted of the ements:
construction or renovation Of the following project el
1. Three (3) new tennis courts were constructed adjacent to
the already existing three (3) tennis courts, Lark
doubling
ark.
the recreation facilities in this area of the p
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 fill. Approximately
and leveled to receive crushed limerock spread and rolled in
of fill material was
4,030 cubic yards sand.
this section and then covered with 1,160 cubic yards of
at the
This greatly enlarged the area of sandy beach lans
Beach Park as can be seen by the as-built site P .Higgs
4. In this newly expanded section, the Public Works Department
constructed eight (8) tike huts for use as picnic shelters.
Eight (8) picnic benches were also constructed with one
placed at each tiki. in addition, the Public Works Department
grills, one (1) for each
purchased eight (8) new barbecue
shelter. park area had to be re-routed to
S. The existing roadway in the and a new roadway
accomodate the expansion of the beach area
with an alternate routing Was constructed. This new roadway
consists Of a crushed limerock base with a double-surface
treatment of oil and rock, this construction -method is iden-
tical to the one used by nonroe County in construction of.all
of our secondary roads. Future plans call for the extension
the
of this road throughout the park area to provide access to
proposed parking lot addition.
6. The Public Works Department has planted the restoration area
with many different species of indigenous trees and shrubs.
Disease-resistant coconut Palms line the new road and aralia
shrubs have been planted along the fence frontincalg almond Casa Marinatrees
Ct. Gumbo Limbo trees, mahogany trees, tropi
and various palms have been placed throughout the pgsark area in
addition to seagrape, buttonwood and croton plantin
the
7. other lndcapin- that hs already been completed includes
lacinga ofs large naturala coral boulders between the palms along
p
the roadway.
UNITED STATES STATE Florida
DEPARTMENT OF THE INTERIOR
NATIONAL PT-RK SERVICE Project Amendment No. 12-00209. 1
AMENDMENT TO PROJECT AGREEMENT
THIS AMENDMENT To Project Agreement No12-00209ia 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 Water
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 fallowing:
Change in project scope to include development of
handball/racquetball court.
Federal assistance will remain the saireo
Fla-Mnroe-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
By - Florida
'(Signature) )
�i�
(Title) (Signature)
National Park Service Ney C. Landman
United States Department of (Name)
the Interior
Date MAY 3 1 1984 State Liaison Officer
(Title)
NPs 10-902a
(7-81)
kA 1 1
Id I 11WT )1 1,�T II'Ai, I
Tliis Amciidmlent to I.'!-Oj(-,CL A( mom
ent No. 1 2-00209 is
------------
hereby made an i agreed U,tion by Lhe of Florida acti:-Ic,
throuc"11 the E.:ocutivo Director of the Departmont of Natural-
Resources and Monroe County (Iliggs Beach Park) pursuant to
the Land and water Conservation Fund Act of 1965, 7S' sL,-Ii- P97
(as amended) . 'The State of Florida and the County
in mutual consiioration of the. covonaTIL's made
agreement of which this is all arnendrr,ent, (,jo covenant as -"-oliows :
That the above mentioned Agreement is ar,,-,ended by
Lhy, following:
Increase scope of project to .:include,
development of handball/racquetball court.
In all other respects the Agreement of which this is in
amc ndment and the plans and specifications rc,]-evjm1c
remain in full force and effect.
IN WITNESS WHERL'OF, the parties her(-Lo h,v.T(, o:-:emiL� l this
amendment as of the date entered below.
MONROE COUNTY BOARD OF
DEPARTfIENT AT RNAL RESOURCES COUNTY COMMISSIONERS
Recoill] ICIO� C c,C',P t e
By:By:
N o y c L (I t- il,--- r th,
Liaison 1 0 wff i e lli-gc4s Reach Res or,iLion Project-
State of F.1 o r i da Director, Monroe Courity Public.
Land and Water Conservation Fund
'Title
EV A�j PtLcst:
--E�r� I l J . G�'1 ,,.;sen(Janner
1 6
Execu t' ve Director
Its Aq,n1t for this Purpose
m
L'ff ecLive Date: N R C I c4 t "ana( c
DNR Attorney DNR Contract Administrator
1),I(10 I of 1
w,jR 12 n3()
ATTACHMENT 3
(DNR Contract Number) �
FLORIDA DEPARTMENT OF NATURAL, RESOURCES
LAND AND WATER CONSERVATION FUND PROGRAM
Project Agreement
12-00 9
(Project Number)
This Project Agreement made and entered into this IL
day of 19 f,,3, by and between the State of
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
have application to this Agreement.
2. The DEPARTMENT has found that outdoor recreation is
the primary purpose of the project known as Higgs beach Park
(Land and Water Conservation
Fund project number 12-00 2Q9 ) , and enters into this Project
Agreement with the PROJECT SPONSOR for construction of outdoor
Page l of 7
DNR 42-040 Revised
6-21-83
-opo r ty
kecro.i t i o'I I(.".i li t ij_�!; a I(I i mpcov(�Itwrltl.'I I t-110' 1,
described in Exhibit "B" attached.
3 . TIke III10JI-I'(2'C L;PotjS(JR will C0?ISLI:uCL, ol:
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;
Site P'repclrat_i()rl' Lcllni c.otir[-s, t;Iiolt.ors r.md p:iciiic
4. The PROJECT SPONSOR shall begin work on the project
by LanuaryL a 19 shall complete the project by� and
Soptewiber l") 19 unless amended by mutual agreement for
good cause.
5 The DEPARTMENT shall pay, on a reimbursement basis
to the PROJECT SPONSOR such Program funds, not to exceed
110,223.56 which will pay said Program' s share of the cost
of the project. Program fund limits are based upon the
following:
Total Project Cost 220,447.72
Program Amount 110,223.56
Program Sponsor Match $ 110,223. 1')G
,7�1 Type of Match expen(
Program funds may be released in no more than five (5) install-
ments, at the discretion of the DEPARTMENT, upon the request of
the PROJECT SPONSOR. The DEPARTMENT shall retain $ 11 ,022 . 36)
of. the entire program amount until completion of the project.
Page 2 of 7
DNR 42-040 Revised
6-21-83
6. EliyibLe 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 $_LS5..,700jU0 for: Project plarming, dovelopiicnt, 01)(I
environmental assessment.
S. 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. Froem]-,.e Chief, Office Rec. Serv.,
--(-Name)
or successor, is hereby designated as the DEPARTMENT'S Contract
Manager for the purpose of this Project Agreement and shall be
responsible for insuring performance of its terms and conditions
and shall approve all reimbursement requests prior to payment.
The PROJECT SPONSOR shall appoint a Liaison Agent, whose name and
title shall be submitted to the DEPARTMENT upon execution Of the
Project Agreement, to act on behalf of the PROJECT SPONSOR
relative to the provisions of the Project Agreement. The PROJECT
Page 3 of 7
DNR 42-040 Revised
6-21-83
S Liaison A(J,_'rit shall submit to the DEPARTMENT a signo(
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 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 requested 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,
operate and maintain the project.
14. The DEPARTMENT reserves the right to inspect said
project and any and all records related thereto at any time.
1 15. This Project Agreement may be unilaterally
cancelled by the DEPARTMENT in the event the PROJECT SPONSOR
refuses to allow public access to all documents, papers, letters,
Page 4 of 7
DNR 42-040 Revised
6-21-83
'tier
or otmaLerial made or recti_ved irl con ju,icLiorl with Ule PrOiCCL
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
PROJECT SPONSOR of any refund due the DEPARTMENT.
20. The DEPARTMENT shall have the right to demand a
refund, either in whole or part, of the funds provided to the
PROJECT SPONSOR for non-compliance with the terms of this Project
Agreement, and the PROJECT SPONSOR upon notification from the
DEPARTMENT, agrees to refund, and will forthwith pay directly to
Page 5 of 7
DNR 42-040 Revised
6-21-83
of lllonry rIemarld',7d
21. if the United States, acting through the Department
of the Interior, the Secretary of the Interior, or arty otlier
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 demarided.
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
Page 6 of 7
DNR 42-040 Revised
6-21-83
IN WITNESS WHEREOF, thu parties heAto have caused these
presents to be executed by the officers and agents thereunto
lawfully authorized.
STATE OF FLORIDA
DEPARTMENT OF N�' PJ%L RESOURCES
Reca i n lie Accented
11 le
By: By: ly
YQ-
Ney Landrum rpose
w
71"i 4�&s Offices
State of Florida
Attest:
Approve
By:
Dr. Elton i - �(��iss canner
Executive Director
Attest: 14
DITITC-ontract r1a7na(fer
D-NR Contract AdAHANto-r—
Approved as to
Form and Legality
Usk Attorney V
Pave 7 of 7
DNR 42-040 Revised
6-21-83
DEPARTMENT OF NATURAL RESOURCES
Florida Land and Water Conservation Fund Program
LIST OF PROJECT ELEMENTS
The Clarence Higgs Beach & Park Expansion consisted of the ements:
construction or renovation Of the following project el
1. Three (3) new tennis courts were constructed adjacent to
the already existing three (3) tennis courts, Lark
doubling
ark.
the recreation facilities in this area of the p
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 fill. Approximately
and leveled to receive crushed limerock spread and rolled in
of fill material was
4,030 cubic yards sand.
this section and then covered with 1,160 cubic yards of
at the
This greatly enlarged the area of sandy beach lans
Beach Park as can be seen by the as-built site P .Higgs
4. In this newly expanded section, the Public Works Department
constructed eight (8) tike huts for use as picnic shelters.
Eight (8) picnic benches were also constructed with one
placed at each tiki. in addition, the Public Works Department
grills, one (1) for each
purchased eight (8) new barbecue
shelter. park area had to be re-routed to
S. The existing roadway in the and a new roadway
accomodate the expansion of the beach area
with an alternate routing Was constructed. This new roadway
consists Of a crushed limerock base with a double-surface
treatment of oil and rock, this construction -method is iden-
tical to the one used by nonroe County in construction of.all
of our secondary roads. Future plans call for the extension
the
of this road throughout the park area to provide access to
proposed parking lot addition.
6. The Public Works Department has planted the restoration area
with many different species of indigenous trees and shrubs.
Disease-resistant coconut Palms line the new road and aralia
shrubs have been planted along the fence frontincalg almond Casa Marinatrees
Ct. Gumbo Limbo trees, mahogany trees, tropi
and various palms have been placed throughout the pgsark area in
addition to seagrape, buttonwood and croton plantin
the
7. other lndcapin- that hs already been completed includes
lacinga ofs large naturala coral boulders between the palms along
p
the roadway.
UNITED STATES STATE Florida
DEPARTMENT OF THE INTERIOR
NATIONAL P:.RK SERVICE Project Amendment No. 12-002 9. 1
AMENDMENT TO PROJECT AGREEMENT
THIS AMENDMENT To Project Agreement No12-00209 is 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 Water
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 developnrnt of
handball/racquetball court.
Federal assistance will rennain the saw.
Fla-Nbnroe-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 TAT7Z OF AMERICA STATE
d Florida
(Signature)
(Title) (Signature)
National Park Service NeV C. Landrum
United States Department of (Name)
the Interior
Date MAY 9 1 1984 State Liaison Officer
(Title)
NPS 10-902a
(7-81)
kA 1 1
Id I 11WT )1 1,�T II'Ai, I
Tliis Amciidmlent to I.'!-Oj(-,CL A( mom
ent No. 1 2-00209 is
------------
hereby made an i agreed U,tion by Lhe of Florida acti:-Ic,
throuc"11 the E.:ocutivo Director of the Departmont of Natural-
Resources and Monroe County (Iliggs Beach Park) pursuant to
the Land and water Conservation Fund Act of 1965, 7S' sL,-Ii- P97
(as amended) . 'The State of Florida and the County
in mutual consiioration of the. covonaTIL's made
agreement of which this is all arnendrr,ent, (,jo covenant as -"-oliows :
That the above mentioned Agreement is ar,,-,ended by
Lhy, following:
Increase scope of project to .:include,
development of handball/racquetball court.
In all other respects the Agreement of which this is in
amc ndment and the plans and specifications rc,]-evjm1c
remain in full force and effect.
IN WITNESS WHERL'OF, the parties her(-Lo h,v.T(, o:-:emiL� l this
amendment as of the date entered below.
MONROE COUNTY BOARD OF
DEPARTfIENT AT RNAL RESOURCES COUNTY COMMISSIONERS
Recoill] ICIO� C c,C',P t e
By:By:
N o y c L (I t- il,--- r th,
Liaison 1 0 wff i e lli-gc4s Reach Res or,iLion Project-
State of F.1 o r i da Director, Monroe Courity Public.
Land and Water Conservation Fund
'Title
EV A�j PtLcst:
--E�r� I l J . G�'1 ,,.;sen(Janner
1 6
Execu t' ve Director
Its Aq,n1t for this Purpose
m
L'ff ecLive Date: N R C I c4 t "ana( c
DNR Attorney DNR Contract Administrator
1),I(10 I of 1
w,jR 12 n3()
ATTACHMENT 4
ACCORD AND SATISFACTION AGREEMENT
MONROE COUNTY
CITY OF KEY WEST
THIS ACCORD AND SATISFACTION AGREEMENT("Agreement")is entered into
this 21st day of April , 2026 by and between 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 ("CITY").
1. Contract Subject to This Accord and Satisfaction. This Agreement is entered into
with reference to that certain agreement by and between COUNTY and CITY, dated March 22,
2023 and titled "HAWK MISSILE SITE/HIGGS BEACH INTERLOCAL AGREEMENT",
attached hereto as Exhibit A(hereafter Original Contract).
2. Accord. In lieu of COUNTY'S obligations under the Original Contract,
$1,252,539.00 (One Million, Two Hundred Fifty-Two Thousand. Five Hundred Thirty-Nine and
00/100 Dollars), the engineered estimate of the cost required to design and build a recreational
field attached hereto as Exhibit B, shall be transferred from the Key West International Airport
Enterprise Fund by COUNTY to CITY. CITY agrees to accept this sum in lieu of all remaining
obligations owing by COUNTY under the Original Contract.
3. Satisfaction. COUNTY shall transfer the aforesaid sum on or before October 1,
2026 via wire transfer. Notwithstanding anything in the Original Contract to the contrary, when
and to the extent paid by COUNTY, the aforesaid sum constitutes full satisfaction under the
Original Contract.
4. Release from Liabilities. In consideration of this accord and satisfaction, upon
transfer of the funds by COUNTY of aforesaid sum,both parties will be fully relieved of all further
obligations under the Original Contract and each party will be fully relieved of further liability to
the other party arising out of the Original Contract.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREO th
F, eparties hereto have executed this A ement as of the � . :
date first written above.
(SEAL) . . .
S „�
CITY COMMISSION
CITY CI I" CITY QF KEY WEST _ : .:
. - .
AC .,?;:',-;.:.1-,.):',::: •:,:',-.f'.;',. '' '','''-'1,!.',', ', ," ...1 ,? . :Y.''' i, ,..,,, ,..,..':,_,,
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4/,..1:4,,,f,:;:,,.4
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ly N .ram`? - ; ,> Y _.y�-t e; MAYOR „ �'"� t:A.'; ;CIE, k :•' k_ .L is"°;x=`z, . ta., ry,p � Rev•�We� r�.M1 k:r-"' •�,. f� anal C•81�•.",g ifif&b
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- %,)\ (i)i.„,..,t. .1 ' - .'1/4 „ "i-i LI• 'It; . .... :. : : : . : i ...- .. . .
w�► 'VIN MADOK, MONR.OE:COUI�TTY:BOARD
• L , `, : ..MONROE COUNTY;FL : . OFCOUNTY.COMMISSIONE•RS
: ... .. : ‘-.:----..: iLi_1:-.,;..'.. ---,,i,. t .. ..Li. I . .. : ' : . . . . H . i r.t
::............-,� . AS D .UTY:CLER1� . ' . MAYOR
COUNTY.A�FtN
7 :)NROE
twit VE o i'•• FORM. .
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EXHIBIT A
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 K WIA; 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 1T 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.
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 offshe 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 215t 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.A.LT_ERATIONS 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
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 attorney'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. SUBO IN TI N.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. INCONSL'`TENCY. 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 BEN E.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 attorney's fee and costs.
3
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.
IS.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
IN WITNESS WHEREOF,each party has caused this Agreement to be executed by its duly
authorized representatives.
KEV1N MADOK, MONROE CO TY BOARD
eM ,✓; F MONROE COUNTY,FL OF COU MISSI
F
BY:
"oq DE UTY CLERK MAYOR
.ate,
4 x�u ri N
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).
A T: CHERYL SMITH CITY COMMISSION
CITY CLERK CITY OF KEY WEST
K/ /It//
BY:
�y Iry MAYOR
Approved for form and legal sufficiency for
The sole reliance of the City Commission of ;
The City of Key FL m
Ronald Ramsingh
Interim City Attorney
c o
5
'' Monroe County, FL EXHIBIT A
Overview
LegaW
n
mm Centerline
�w
"' Easements
wm,..
Hooks
LatUnes
RoadCenter
Rights of Way
Shoreline
'; Condo Build)ng
Key Names
,. Subdivisions
I
Parcels
Parcel ID 00066230-00000D Alternate ID 1070181 Owner Address CRY OF M WEST
Sec,/Twp/Rng 03/6W25 Class STATE PARKS PO Box 1409
Property Addres VACANT LAND Key West,FL 33041
KEY WEST
Dktrkt 10KW
Brief Tax KW2SHEETSPB4-d9PLATOFSURVEYONTWOSHEETSPARTOFLANDSFORMERLYOWNEDBYKEYWESTIMPROVEMENT
Description INC PTOF PARCEL 420R308-94t96OR1772-1214/34Q/C
Date crated:&/3/2021
Last Data Upbaded:8/1=1 2:162D AM
Davebped by o�r
EXHIBIT A
*,, qPub11CvrW't` Monroe County, FL
Overview
�r
Legend
" Major Roads
„ Centerline
Easements
u
Hooks
Lot Lines
Road Center
Rights of way
Shoreline
P nJJifl cY � v -
�� C WoRuIlding
w
Key Names
Parcels
m
Parcel D OOD65940-000000 Alternate ID 10 B7799 Owner Address C ITY OF KEY WEST
Sec/TwpMm 03/68/25 pass STATE PARKS PO Box 1409
Property Address VACANT LAND Key West,FL 33D41
KEY WEST
District 10KW
Brief Tax KW PLATOFSURVEY OF LANDS ON ISLAND OF KEY WEST MONROE COUNTY FLAPTTR 41 PB 3-35 OR308-94/%OR1772-
Description 1214/340/C
Date aeated:&S=1
Last Data Upbaded:84=1 M16:20AM
DevelboedbyQ1
o e f aa'tF r
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 1D# 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
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 shall 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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EXHIBIT B
9100 S Dadeland Boulevard
Suite 1510
Miami,FL 33156
of www.jacobs.com
,jacobs
March 171h,2026
Richard Strickland
Director Of Airports
Key West International Airport
3491 S Roosevelt Blvd, Key West, FL 33040
Re:Cost Memorandum
Higgs Beach Park—Soccer Field
Monroe County,City of Key West,Florida
Dear Mr.Strickland,
Jacobs has completed a preliminary cost estimate for cost for a Natural Grass Field. Field
dimensions comply with the National Federation of State High School Associations(NFHS)
requirements(70 yards x 110 yards).
In providing opinions of cost,financial analyses,economic feasibility projections,for the project,
Jacobs has no control over cost or price of labor and materials;unknown or latent conditions of
existing equipment or structures that may affect operation or maintenance costs;competitive
bidding procedures and market conditions;time or quality of performance by operating personnel
or third parties;and other economic and operational factors that may materially affect the
ultimate project cost or schedule.Therefore,Jacobs makes no warranty that UTILITY'S actual
project costs,financial aspects,economic feasibility,will not vary from Jacobs'opinions,analyses,
projections,or estimates and Jacobs shall have no liability for such variances.
If you have any questions do not hesitate to contact our office.
Sincerely,
Ir
Kevin Regalado,AIA,FARA, NCARB, LEED AP
Principal/Director of Architecture
Encl. Attachment A—Preliminary Site Plan
Attachment B—Natural Grass Field Rough Order of Magnitude Cost
EXHIBIT B
9100 S Dadeland Boulevard
Suite 1510
Miami,FL.33156
82 www.jacobs.com
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DIMENSIONS
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EXHIBIT B 9100 S Dadeland Boulevard
Suite 1510
Miami,FL 33156
wwwjacobs.com
,jacobs,
I�a�'Jatjj,,�!ll"al� Gira'ass 0 IeW lay' ID e 011'del of M glinii.0)Jde O ukSI:
r Natural Grass Reid 82,800 Unit Unit rice Total Pnce
Hi s Beach Socce _... . -- _......,
FlVeid ^oils�titiai&octiff Gr04s
'Fine Grade ... ..:....... 82,800 sf $0.60 $41,400
Underdrain system
Underdrain system 12in hdpe in trench 1,234 If $125.00 $154,250
4in perforated HDPE 30 on cntr 3,025 If $17.31 $ ,363
Drain basins 8 ea $5,65.00 $45,000
Irri anon system pump ry II 2, 00 sf $1. 5 $128,30
Grass turf
12 12 concrete curb 1,14alf $5 .00 $68,440
Geotextile 82, 90,sf $0.22 $18,216
4in stone drain base 82,804 sf $1.75 $144,900
8in rootzone °' 82,80 sf $3.00 $248,400
Bennuda Sod 82,800 sf $1.50 $124,200
Dump fee 3,067 cy $25.00 $76,667
Haul off 12 cylld x 3 hr hr 767 hr $68.00 $52,133
Maintenance 2 mo 82,800 sf 0.42 $34,776
Plumbing sf $1.00 $0
....., a._..._ ---
Sub ....°?�.L........... .__..... ....._ ___...___.., ... ...,.n m .�.... $1 189,085
Misc.
_
Per Fees(.5o ) 1 ea 29,727.1 $297 7
Development Fees(2.5 ) 1 ea 9,7 7.12 $29:727
Public Hearing Fees 1 ea 4,000.00 $4,000
...
Total .__... .........
$1,252 539