Item P21
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMM<\RY
Meeting Date: Februarv 21. 2007
Bulk Item: Yes No ---1L-
Division: County Attornev
Department Contact: Suzanne Hutton
AGENDA ITEM WORDING:
Approval of an amendment to an interlocal agreement with City of Key Colony Beach (City),
providing for reduced payment of impact fees for fire and deletion of payment of impact fees for roads,
contingent upon acceptance by City of a quitclaim deed of Sadowski Causeway, and authorization for
the Mayor to execute a quitclaim deed in substantially the form of the attached agenda item upon a
legal description being approved by the County Engineer and the County Attorney.
ITEM BACKGROUND:
County and City entered into an interlocal agreement on July 8, 1998, to provide for the
collection of impact fees by the City before issuing a building permit, unless the proposed development
is exempt from impact fees. The agreement called for the remittal by City to County of 50% of
transportation impact fees collected and 100% of the fire protection/EMS facilities impact fees
collected The City has assumed sole responsibility for its fire protection/EMS responsibilities except
for the "TraumaS tar" or helicopter ambulance transport and mutual aid from other governmental
entities. The proposed amendment, which has been approved by the City, would decrease the payment
of fireJEMS impact fee to 5%.
Under a separate interlocal agreement between the parties regarding the
reconstruction/renovation of the Sadowski Causeway Bridge, and dated July 15, 2003, the parties
agreed to share in the reconstruction/renovation costs, that the County would transfer Lo City and City
would accept either the easement from the State or a quitclaim deed if County can get State to
quitclaim the bridge and causeway to County, and to terminate the requirement for the transportation
fees to be remitted by City to County when the County's obligations under the agreement for bridge
reconstruction/renovation were fulfilled. The State says that the Sadowski Causeway is not their road.
Accordingly a separate quitclaim deed needs to be issued giving the causeway to KCB. There are no
other roads in the City of Key Colony beach under the County's responsibility.
PREVIOUS RELEVANT BOCC ACTION:
Contract for construction of courthouse.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Any ~ OMBJPurchasing_
Risk Management _
DOCUMENTATION:
Included ~
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #
AMENDMENT TO IMPACT FEE INTER LOCAL AGREEMENT
This Amendment to Impact Fee Interlocal Agreement for the collection and distribution of
impact fees is entered into by and between Monroe County (County), a political subdivision of
the State of Florida, and the City of Key Colony Beach (City), a municipal corporation, under the
authority granted in Sec. 163.01, FS.
WHEREAS, the parties entered into an interlocal agreement on July 8, 1998, to provide
for the collection of impact fees by the City before issuing a building permit, unless the proposed
development is exempt from impact fees, under Chapter 9.5, Art. X, Monroe County Code; and
WHEREAS, said agreement called for the remittal by City to County of 50% of
transportation impact fees collected and 100% of the fire protection/EMS facilities impact fees
collected; and
WHEREAS, under a separate interlocal agreement between the parties regarding the
reconstruction/renovation of the Sadowski Causeway Bridge, and dated July 15, 2003, the
parties agreed to share in the reconstruction/renovation costs. that the County would transfer to
City and City would accept either the easement from the State or a quitclaim deed ii County can
get State to quitclaim the bridge and causeway to County, and to terminate the requirement for
the transportation fees to be remitted by City to County when the County's obligations under the
agreement for bridge reconstruction/renovation were fulfilled; and
WHEREAS, under a separate interlocal agreement between the parties regarding the
reconstruction/renovation of the Sadowski Causeway Bridge, and dated February 16, 2005, the
parties agreed to the share of each of the costs of the bridge project and the mechanism for
payment; and
WHEREAS, the City has assumed sole responsibility for its fire protection/EMS
responsibilities except for the "TraumaStar" or helicopter ambulance transport and mutual aid
from other governmental entities; and
WHEREAS, it is deemed that transportation impact fees and a significant portion of the
fire protection/EMS facilities impact fees are no longer required to be paid to County to
accommodate growth; now therefore:
The parties hereby covenant and agree as follows:
Section 1. Section 2(c)(1) of the Agreement, which read: "A transportation impact fees trust
account with the proceeds used exclusively for the capital expansion of the County's and City's
major road network system located in the Middle Keys impact fees subdistrict depicted in Chap.
9.5,Exhibit A, Monroe County Code, copy of which is attached and incorporated into this
interlocal agreement."
shall be deleted.
Section 2. Section 3(a) (1) of the Agreement, providing for payment of fees, shall be amended
to read:
1) 0 % of the transportation impact fees collected;
Section 3.
Section 3(a)(4) of the Agreement shall be amended to read:
4) 5 % of the fire protection/EMS facilities impact fees collected;
Amend Impact Fec ILA KCB 21)07
Section 4. This interlocal agreement will take effect when a certified copy is filed with the Clerk
of the Circuit Court for Monroe County and the City Clerk of Key Colony Beach.
Section 5. All other provisions of the interlocal agreement entered July 8, 1998, not
inconsistent herewith shall remain in full force and effect.
PASSED AND ADOPTED by the parties on the dates indicated respectively below.
ATTEST:
DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
Date:
By:
By:
Deputy Clerk
Mayor
ATTEST:
VICKI BOLLINGER
CITY OF KEY COLONY BEACH
Date:
By:
By:
Mayor
"ONRO~COUNT~..
~PRQVEO AS T .:.
~0~;t~
(/ Dale COUM~~~ r?
Amend Imp'''1 Fee (LA KCB 2007
This Instrument prepared by,
or under the direction of,
Suzanne A Hunan ESQ,
FBN 336122
Office of County Attorney
P.O. Box 1026
Key West, FI. 33041-1026
QUITCIAIM DEED
THIS INDENTURE. Made this 21" day of February. 2007, by and between MONROE COUNTY. Party
of the First Part, by and through the Board of County Commissioners of Monroe County. Florida. whose address is
500 Whitehead Street, Key West, Florida 33040. to the CITY OF KEY COLONY BEACH. a municipal
corporation of the State of Florida, and Party of the Second Part .
WITNESSETH
WHEREAS, Party of the Second Part has requested transfer of Sadowski Causeway subsequent to the joint
participation of the parties in renovation/replacement of the causeway bridge; and
WHEREAS, Party of the First Part has determined that the Sadowski Causeway is not needed for County
purposes and that the State of Florida makes no claim to said causeway;
NOW. THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part. in
consideration of the Party of the Second Part taking over full responsibility for maintenance and liability for said
right of way, does hereby remise, release and quitclaim unto the Party of the Second Part, and assigns. forever, all
the right, title and interest of the Party of the First Part to the property herein described all that certain land situate
in _Monroe County. Florida, to wit:
See Legal Description in Exhibit A, attacbed hereto and incorporated herein by reference
TO HAVE AND TO HOLD, the said premises and the appurtenances thereof unto the Party of the Second
Part.
IN WITNESS WHEREOF. the Party of the First Part has caused these presents to be signed in its name by
its Board of County Commissioners acting by the Mayor of said Board, the day and year first above wrillen.
(OFFICIAL SEAL)
AITEST:
DANNY L. KOLHAGE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
By:
Deputy Clerk
Mayor