Resolution 192-1980
RESOLUTION NO. 192 -1980
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA,
TO EXECUTE LICENSE DACA01-3-80-2 FOR KEY WEST
DEFENSE AREA SITE NO. KW-65 AND FIELD TRAINING
AREA MILITARY RESERVATION, FLORIDA BY AND BETWEEN
THE SECRETARY OF THE ARMY AND THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners
of Monroe County, Florida, is hereby authorized to execute
License DACA01-3-80-2 for Key West Defense Site No. KW-65
and Field Training Area Military Reservation, Florida by
and between the Secretary of the Army and the Board of
County Commissioners of Monroe County, Florida, a copy of
same being attached hereto.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
29th day of July, 1980.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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a rman
By
(Seal)
Attest:
APPROVED AS TO FORM
AND LEGAL SIIFFICIENCY. A
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DEPARTMENT OF THE ARMY
LICENSE DACAOl-3-80,.2
KEY WEST DEFENSE AREA SITE NO. KW-65 AND FIELD TRAINING
AREA MILITARY RESERVATION, FLORIDA
THE SECRETARY OF THE ARMY hereby grants to BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, FLORIDA
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a license, for a period of
one year
commencing on
1 June 1980, and
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endi ng on 31 May 1981, but revocable at the will of the Secretary of the Army, to
occupy and use, for airport safety purposes,_a parcel of land comprising approxi-
mately 5.34 acres in the southeast corner of Tract.C of the Key West Defense Area
Site No. KW-65 and Field Training Area Military Reservation, Island of Key West,
Monroe County, Florida, as described in Exhibit A and
as shown in red on Exhibit B, both of whi ch are
described as follows:
attached hereto and made a part hereof, and
Exhibit A: Parcel of Land Licensed to Monroe County, Florida,
Board of County Commissioners - Tract C, Key West
Defense Area Site No. KW-65 and Field Training Area
Military Reservation, Florida.
Exhibit B: Drawing No. RE-3020, as last revised 2 July 1973, Key West
Defense Area Site No. KW-65 and Field Training Area Military
Reservation.
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THIS LICENSE is granted subject to the following conditions:
Dt thE.' , eel;upaytl.. nitti~s:~S C[, . atiDe amount of:
Pa hal va. 'ec ",.., t', Conditi on 10
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2. Tlutt the exercise of the privileges hereby granted shall be without cost or expense to the United
States, under the general supervision and subject to the approval of the officer ha1,ing immediate jurisdiction
over the property, hereinafter referred to as "said officer," and subject also to such reguUttions as may be
prescribed by him from time to time.
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:J. That any property of the United States damaged or destroyed by the licensee incident to the exercise
of the privileges herein granted shall be promptly repaired or replaced by the licensee to the satisfaction of
the said officer, or in lieu of such repair or replacement the licensee shall, if so required by the said officer, pay
to the United States money in an amount sufficient to compensate for the loss sustained by the United States
by reason of dama,qe to or destruction of Government property.
4. That the United States shall not be responsible for damages to property or injuries to persons Il'hich
may arise from or be incident to the exe,.ci~'le of the privileges herein granted, or for dama,qes to the pr'operty
of the licensee, or for injuries to the person of the licensee, or for damages to the property or injuries to the
person of the licen..'lee's officers, a,qents. serrants, or employees or' others 1t'ho may be on said premises at their
invitation or the invitation of anyone of them, arising from governmental activities on the said premises,
and the licensee shall hold the United States harmless from any and all such claims.
I!HG FORM 808
, DEe t52
(ER 405-1-860)
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5. That, on or, before the date of expiration of th:'s (ianse m' its )"~""II/.'li,;J;1::ent by the licensee, the
licensee i>hall racate the said Gorernment premises, 1'emOl'C all7J1"operty of thr liccnse~ therefrom, alul restore
the premises to a condition satisfactory to the said officer, dnmages beyond the control of the licen.see and due
to fair wear and tear excepted. If.. howevel', this licensc is revoked, the Ii"f';see shdl vacate the premises,
remove said property therefrom, and restore the prem1:scs as afOl'o:aid 1cithn surh time as the ScaeulI")! of
the Army may designate. In either event, if the licensee shall fnil 01' nco{ed i'l /"I'move said property (Ind so
restore the premises, then, at the option of the Secrerory of the A I'm?', "~id r'('!'/Tty shall either become the
property of the United States without compensation therefor, or the S; r;rcft!l!l of the ,4rmy may Ca1.lSe the
property to be removed and the premises to be so restored at the expense of thp licensee, and no claim for
damages against the United States or its officers or agents shall be created by or made on account of such
removal and restoration work.
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6. That the licensee shall pay the cost, as determined by the so.id officer, of producing andjor supplying
any utilities and other services furnished by the Government or throu!Jh G01JITnment,oluncd fa.cilities for the
use of the licensee, including the licensee's proportiona.te share of the co,~t of oJJcrution and maintenance of
the Government-owned facilities by which such utilities Or sen,ices arc }ll'odur,d (lr supplied. The Govern-
ment shall be under no obligation to furnish utilities or services. Payment shall be made in the manner
prescribed by the said officer upon bills rendered monthly.
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7. That the United States shaU not be responsible for damages to pro!,' ,.ty ()r injuries to persons wh~h
may arise from or be imident to the construction, maintenance, a,..,d v.se of the facilities constructed by the
licensee on the said premises.
8. That this license ma,y be terminated by the licensee at any time by ,qlvin[l to the Secretary of the Army,
through the said officer, at least ten (10) days' notice in writing; provided tMt, in case of such termination,
no refund by the United States of any renrol theretofore paid shall be ma.de. rt~"
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9, That it is to be understood that this license is eff ectit.c only insofar as the riahts of the United States in
the property involved are concerned, and that the l~ensee shall obtain such permission as may be necessary
on account of any other existing rights.
10. That this license is granted without compensation in accordance with
current regulations and directives governing licenses to states or local
governmental agencies for a public purpose.
11. That the phrase "or officer of the Government having jurisdiction over
the property "sha 11 be understood to be i ncl uded after the words "Secretary
of the Army," whenever they appear in this license.
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added
ro< That Condition(!t) No.(X>1 was deleted and Conditions 10 & 11 ~U (were) (J,iA,Xfk'JU..before
the executwn of this License.
This License is not subject to Title 10, United States Code, Section 2662.
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IN WITNESS WHEREOF, I have hereunto se] my hand by authority of the Sect'etary of the At'my
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DO ALD L. BURCHETT
Chief, Real Estate Division
U.s. Army Corps of Engineers
Jacksonville, Florida, District
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The above instrument, together u,ith all the conditions thereof, is hereby accepted this 29th
day of July
1980
APPROVID AS TO FORM
AND SUFFICIENCY.
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Attomey's Office
BY: l
BY
Don Schloesser - Chairman
(Typed/Nam~~) ,"'7
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U.S. GOVERNMENT P'RINTlNG OfFta = IN-o-soD7.
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Exhibit A, License DACAOl-3-80-2
PARCEL OF LAND LICENSED TO MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS - TRACT C, KEY WEST
DEFENSE AREA SITE NO. KW-65 AND FIELD TRAINING AREA
MILITARY RESERVATION, FLORIDA
Commence at the northeast corner of Tract C and run thence southerly
along the easterly boundary of said tract a distance of approximately 550
feet to an unmarked point 60 feet south of the center line of an existing
road, said unmarked point being the POINT OF BEGINNING of the parcel
being described:
thence westerly on a line 60 feet south of and parallel to the center
line of the existing road a distance of approximately 360 feet to an
unmarked point 60 feet west of the center line of an existing road to
the south;
thence southerly on a line 60 feet west of and parallel to the
center line of said road to the south a distance of approximately 575
feet to an unmarked point of deflection 120 feet southwesterly of the
center line of the existing road as it bears in a southeasterly direction;
thence southeasterly on a line 120 feet southwest of and parallel
to the center line of the existing road bearing in a southeasterly direction
a distance of approximately 140 feet to an unmarked point on the southerly
boundary of Tract C;
thence easterly along the southerly boundary of Tract C a distance of
approximately 300 feet to an unmarked point, being the southeast corner
of Tract C;
thence northerly along the easterly boundary of Tract C a distance of
approximately 640 feet to the Point of Beginning.
The above-described parcel comprises 5.34 acres, more or less.
EXHIBIT .1t-
\80