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Item J20 BOARD OF COUNTY COMMISSIONERS ADD ON!! AGENDA ITEM SUMMARY TIME APPROX REQUESTED Meeting Date: 4/18 Division: bocc Bulk Item: Yes No Department: nora williams AGENDA ITEM WORDING: Approval of agreement with the City of Marathon on various issues ITEM BACKGROUND: PREVIOUS REVELANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOT AL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_ DIVISION DIRECTOR APPROVAL: (TYPE NAME HERE) DOCUMENTATION: Included To Follow_ Not Required_ AGENDA ITEM # J. 'J.D DISPOSITION: Revised 2/27/01 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and between Monroe County, Florida, a political subdivision ofthe State of Florida (hereinafter referred to as the "County"), and the City of Marathon, Florida, (hereinafter referred to as the "City"), this_day of April 200 I. WITNESSETH: WHEREAS, the City was incorporated on November 30, 1999 pursuant to Chapter 99-427 Florida Statutes, and became operational on February 24, 2000; and WHEREAS, the City and the County have been negotiating transition issues relating to the transfer to the City of certain impact fees, infrastructure and properties which are presently held or owned by the County, and the continued use of the County's transfer station for waste haul-out purposes; and WHEREAS, it is the desire of the City and the County to amicably resolve the issues between them for their mutual benefit and in the best interests of their constituents. NOW THEREFORE, in consideration ofthe premises and mutual promises and covenants hereinafter set forth, and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the City and the County agree as follows: 1. Recitals. The above stated recitals are a true and accurate statement of the intentions of the City and the County and are incorporated as part of this Agreement. 2. Funds to be Transferred to the City bv the County. The County and the City agree as follows regarding the transfer of certain impact fees and funds which are presently held by the County: a. Fire Impact Fees. The City acknowledges that all Fire Impact due the City prior have been paid by the County and accepted by the City; b. Park Impact Fees. The City acknowledges and agrees that the County expended park funds in excess of the amount collected for park impact fees within the municipal boundaries of the City of Marathon prior to incorporation, and agrees that there are no park impact fees which are owed to the City by the County; c. Roadway Impact Fees. The City and the County agree that the City is owed $121,332.00 Page 1 of 4 f for roadway impact fees collected from within the municipal boundaries of the City and not expended by the County prior to incorporation. It is agreed that this sum shall be applied toward repairs to the Boot Key Bridge and, if not expended for such purposes, shall be paid to the City; d. Growth Management Funds. The City and the County agree that the County collected $492,332.00 in growth management funds from within the municipal boundaries ofthe City prior to incorporation for growth management services which were not provided to the City. ~ ~ agrees to paY-Qv6F to the City, upon execution of this Agreement, the sum of $ ,332.00 in growth management funds; . Land Authority Funds. The City and the County agree that the Monroe County Land Authority shall establish a line item set-aside for expenditure within the City from the half- cent of the 4th cent from the Bed Tax in the same manner as has previously been established for the City of Key West and offered to he City of Islamorada; 3. Properties to be Transferred to the City by the County. The County agrees to transfer all of its right title and interest in the following described properties to the City of Marathon, and the City agrees to accept the following described properties in "as is" condition, subject to all existing lease and/or management agr~~7twe~~t~n~h~rin~~ properties, to wit: / "2/ a. The Marathon Teen centeyog~ther w' all furniture, fixtures, equipment and improvements thereon belonging to the County. The County agrees to provide the City with an inventory of any furniture, fixtures and equipment situated thereon which is to be If) transferred to the City; II I \ b. The Marathon Jaycees Build' g, together with all furniture, fixtures, equipment and improvements thereon belongin to the County. The County agrees to provide the City with an inventory of any furniture, fixtures and equipment situated thereon which is to be transferred to the City; c. Additional properties desired for transfer by the City include Marathon Park, the Yacht Club (and associated bay bottom), the Marina (and bay bottom in Boot Key Harbor) remain the subject of discussion between the City and the County and will be dealt with in a separate ~ agreement should the County determine to transfer those capital assets. Page 2 of 4 ~7'l~F/~ L f2v ~. - - . .. 4. Crawl Key. The County agrees to transfer or lease to the Florida Keys Aqueduct Authority a sufficient portion of its real property on Crawl Key for purposes of constructing a central wastewater treatment plant and water re-use facility for the City of Marathon. 5. Boot Key Bridge. The County has previously agreed to commit financial resources toward improvements to the Boot Key Bridge in order to restore the bridge to a state of good repair. The City and the County will continue to work together and will resolve this matter by separate agreement. 6. Solid Waste. The County continues to provide waste haul-out services for the benefit of the City on a month-to-month basis under its current contract with Waste Management. The City and the County agree to enter into negotiations with Waste Management for the purpose of securing new contracts between the County and W a~e Management and the City and Waste Management which 1'~/..t< ~V'VI (<.II tU,.( ~ will reduce the cost o~arbag~ haul-out for residents of both the City and unincorporated Monroe County. Tbp. fir')t me@tiag for such llUlllOSGIl is ~('hf'ouled for Friday. April '70> 2001 at 12:00 Noon-:-> The ~~rees to increase its efforts to collect its solid waste fees from its citizens, and wilfuak@ , evp.~ to rcdttC3its indebtedness to the County in an expeditious manner. 7. Form of Conveyances. All properties to be transferred to the City will be conveyed in accordance with the requirements of Florida Law. The County will make every effort to locate and deliver to the City any and all surveys, title abstracts, deeds of conveyance, grants of easements, title insurance policies, building records, building plans, engineering plans and specifications, leases, management agreements, policies of insurance, maintenance records, environment reports and every other document of any nature whatsoever in the possession of the County which, in any manner, tends to establish the ownership interests of the County in each property to be conveyed and the limitations imposed thereon. 8. Pro-ration of Rents and Expenses. All rents and expenses associated with the properties to be conveyed shall be pro-rated as of the date of transfer of each property. The City and the County agree that the properties to be conveyed hereunder may be conveyed separately or in a single transaction so as not to allow a problem with one conveyance to impede the remainder of the conveyances. 9. Fund Balances. The City of Marathon hereby waives any and all right which it has, or may have, to receive any portion of any other fund balance held by the County by virtue of the Page 3 of 4 receipt of any State Revenue Sharing Funds or taxes collected prior to the incorporation of the City. BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, a Political Subdivision of the State of Florida ATTEST: By: George Neugent, Mayor By: Danny L. Kolhage, Monroe County Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By James T. Hendrick, County Attorney CITY OF MARATHON, FLORIDA, a municipal corporation of the State of Florida By: Robert K. Miller, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: , City Attorney Page 4 of 4 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is made and entered into by and between Monroe County, Florida, a political subdivision ofthe State of Florida (hereinafter referred to as the "County"), and the City of Marathon, Florida, (hereinafter referred to as the "City"), this_day of April 2001. WITNESSETH: WHEREAS, the City was incorporated on November 30, 1999 pursuant to Chapter 99-427 Florida Statutes, and became operational on February 24,2000; and WHEREAS, the City and the County have been negotiating transition issues relating to the transfer to the City of certain impact fees, infrastructure and properties which are presently held or owned by the County, and the continued use of the County's transfer station for waste haul-out purposes; and WHEREAS, it is the desire of the City and the County to amicably resolve the issues between them for their mutual benefit and in the best interests of their constituents. NOW THEREFORE, in consideration of the premises and mutual promises and covenants hereinafter set forth, and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the City and the County agree as follows: 1. Recitals. The above stated recitals are a true and accurate statement of the intentions of the City and the County and are incorporated as part of this Agreement. 2. Funds to be Transferred to the City bv the County. The County and the City agree as follows regarding the transfer of certain impact fees and funds which are presently held by the County: a. Fire Impact Fees. The City acknowledges that all Fire Impact due the City prior have been paid by the County and accepted by the City; b. Park Impact Fees. The City acknowledges and agrees that the County expended park funds in excess of the amount collected for park impact fees within the municipal boundaries of the City of Marathon prior to incorporation, and agrees that there are no park impact fees which are owed to the City by the County; Page 1 of 5 c. Roadway Impact Fees. The City and the County agree that the City is owed $121,332.00 for roadway impact fees collected from within the municipal boundaries of the City and not expended by the County prior to incorporation. It is agreed that this sum shall be applied toward repairs to the Boot Key Bridge and, if not expended for such purposes, shall be paid to the City; d. Growth Management Funds. The City and the County agree that the County collected $492,332.00 in growth management funds from within the municipal boundaries of the City prior to incorporation for growth management services which were not provided to the City. The County agrees to pay-over to the City, upon execution of this Agreement, the sum of $492,332.00 in growth management funds; e. Land Authority Funds. The City and the County agree that the Monroe County Land Authority shall establish a line item set-aside for expenditure within the City from the half- cent ofthe 4th cent from the Bed Tax in the same manner as has previously been established for the City of Key West and offered to he City of Islamorada; 3. Properties to be Transferred to the City by the County. The County agrees to transfer all of its right title and interest in the following described properties to the City of Marathon, and the City agrees to accept the following described properties in "as is" condition, subject to all existing lease and/or management agreements presently encumbering the properties, to wit: a. The Marathon Teen Center, together with all furniture, fixtures, equipment and improvements thereon belonging to the County. The County agrees to provide the City with an inventory of any furniture, fixtures and equipment situated thereon which is to be transferred to the City; b. The Marathon Jaycees Building, together with all furniture, fixtures, equipment and improvements thereon belonging to the County. The County agrees to provide the City with an inventory of any furniture, fixtures and equipment situated thereon which is to be transferred to the City; c. The Marathon Yacht Club, together with the contiguous submerged land and County owned parking facilities; Page 2 of5 d. The Florida Keys Marina at Marathon, together with all furniture, fixtures, equipment and improvements thereon belonging to the County. The County further agrees to convey to the City all County owned submerged land within the confines of Boot Key Harbor and any submerged land leases between the State of Florida and the County pertaining to submerged lands within the confines of Boot Key Harbor; and e. The Marathon Community Park, together with all fixtures, equipment and improvements situated thereon and all parking facilities associated therewith. The County agrees to continue with the pending condemnation litigation regarding Phase II of the park and to complete the acquisition of that additional parcel. Upon acquiring the Phase II property, the County will convey that parcel to the City, and the City will be responsible for the development of Phase II at its own expense. 4. Crawl Key. The County agrees to transfer or lease to the Florida Keys Aqueduct Authority a sufficient portion of its real property on Crawl Key for purposes of constructing a central wastewater treatment plant and water re-use facility for the City of Marathon. 5. Boot Key Bridge. The County has previously agreed to commit financial resources toward improvements to the Boot Key Bridge in order to restore the bridge to a state of good repair. The City and the County will continue to work together and will resolve this matter by separate agreement. 6. Solid Waste. The County continues to provide waste haul-out services for the benefit of the City on a month-to-month basis under its current contract with Waste Management. The City and the County agree to enter into negotiations with Waste Management for the purpose of securing new contracts between the County and Waste Management and the City and Waste Management which will reduce the cost of garbage haul-out for residents of both the City and unincorporated Monroe County. The first meeting for such purposes is scheduled for Friday, April 20, 2001 at 12:00 Noon. The City agrees to increase its efforts to collect its solid waste fees from its citizens, and will make every effort to reduce its indebtedness to the County in an expeditious manner. 7. Form of Conveyances. All properties to be transferred to the City will be conveyed in accordance with the requirements of Florida Law. The County will make every effort to locate and deliver to the City any and all surveys, title abstracts, deeds of conveyance, grants of easements, title Page 3 of 5 insurance policies, building records, building plans, engineering plans and specifications, leases, management agreements, policies of insurance, maintenance records, environment reports and every other document of any nature whatsoever in the possession of the County which, in any manner, tends to establish the ownership interests of the County in each property to be conveyed and the limitations imposed thereon. 8. Pro-ration of Rents and Expenses. All rents and expenses associated with the properties to be conveyed shall be pro-rated as of the date of transfer of each property. The City and the County agree that the properties to be conveyed hereunder may be conveyed separately or in a single transaction so as not to allow a problem with one conveyance to impede the remainder of the conveyances. 9. Fund Balances. The City of Marathon hereby waives any and all right which it has, or may have, to receive any portion of any other fund balance held by the County by virtue of the receipt of any State Revenue Sharing Funds or taxes collected prior to the incorporation of the City. BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, a Political Subdivision of the State of Florida ATTEST: By: George Neugent, Mayor By: Danny L. Kolhage, Monroe County Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By James T. Hendrick, County Attorney Page 4 of5 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: , City Attorney CITY OF MARATHON, FLORIDA, a municipal corporation of the State of Florida By: Robert K. Miller, Mayor Page 5 of5