Item N1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21. 2001
Division:
MISCELLANEOUS
Bulk Item: Yes
No~
Department: MISCELLANEOUS
AGENDA ITEM WORDING:
Consideration ofInterlocal Agreement and Memorandum of Understanding as presented by the City of
Marathon.
ITEM BACKGROUND:
The County and the City of Marathon have been involved in discussions in a conflict resolution process
in the hope of coming to agreements concerning transition issues related to the incorporation of the
City. Joint City/County governing body conflict resolution meeting is scheduled for April 4, 2001.
PREVIOUS RELEVANT BOCC ACTION:
Appointment of task force members and discussions with representatives of the City.
CONTRACT/AGREEMENT CHANGES:
This is a new Interloca1 Agreement and Memorandum of Understanding.
STAFF RECOMMENDATIONS:
Consideration and direction to staff, if appropriate.
TOTAL COST:
To be determined.
BUDGETED: Yes
No
COST TO COUNTY:
To be determined.
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
es L. Roberts, County Administrator
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #~ I
Rohert K. Miller
MOlYlr
John Bartus
Vice .\1tlyor
Frank Greenman
Coltllc:ilmllll
Jon Johnson
COlllu:i/mtll/
Randy Mearns
(,'tntllcilmllll
Crdig Wrathell,
Moyer & Associates
(1)' .I1(/I/(I,lit'r
Weiss Scrota Helfman
Pastoriza & Guedes, P.A.
Oll'ltl/Or/W)'S
March 1, 2001
Mr. James Roberts
County Administrator
Public Service Building
5100 College Road
Key West, Florida 33040
Dear Mr. Roberts:
This letter serves as the City of Marathon's official request to be placed on
the Board of County Commissioner's March agenda to discuss the transition
issues between the City of Marathon and Monroe County.
Enclosed are copies of the Interlocal Agreement and Memorandum of
Understanding the City presented to the Board of County Commissioners in
December of 2000. For your convenience, I have made notes of recent
progress made during negotiations and my staff has highlighted these notes
as well as the portions of the agreements that are the actual deal points to be
discussed. It is my belief, in an effort to facilitate bringing this issue to
closure, that the legal language that is not highlighted can be worked out
among the City & County Attorneys.
The City plans to discuss these agreements at our March 14th Conflict
Resolution Meeting and the March 21 st and 22nd County Commission
meeting in an effort to bring closure to these transition issues.
Thank you for your assistance in this matter.
Sincerely,
City of Marathon
Craig . Wrathell
City Manager
CAW/amb
cc: Marathon City Council
Monroe County Commissioners
Nina Boniske, City Attorney
John Herin. City Attorney
James Hendrick. County Attorney
110<)() Overseas IIighway - ;\l:.1rathon, rloflda 530<;0 - Phone: 305-7'15-0033 - Fax: 305-7.15-36()7
INTERLOCAL AGREEMENT
This is an Interlocal Agreement between Monroe County, Florida, a political subdivision
of the State of Florida (the "County"), and the City of Marathon, Florida, a municipal corporation
of the State of Florida (the "City"), entered this
day of
, 2001 (the or this
" Agreement").
BACKGROUND
WHEREAS, pursuant to Chapter 99-427, Laws of Florida, the City was incorporated on
November 30, 1999, and became operational on February 24, 2000;
WHEREAS, prior to incorporation, the area included within the City boundaries (the
, . .' . .
.- . .
:; : ... :" i . .
"City Area") was part of the unincorporated ,area of the County (the "Unincorporated Area!'); ,
~~ . , :~~. . :t. - ;";:r '.'
:WHEREAS, the County holds in fee simple certain propertY located within the City Area
'and holds lease, interests in certain other property located within the City Area;
. . '
WHEREAS, the County has agreed to transfer 'such. fee simple and leasehold property
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interests to the' City;
--
WHEREAS, Chapters 125 and 166, Florida Statutes, allow counties and municipalities to
contract for services to be rendered by the County to the City'and by the City to the County;
WHEREAS, this Agreement will itemize certain transition services and property
transactions between the City and the County; and
WHEREAS, this County collects and is in possession of certain funds which are to be
transferred to the City.
NOW THEREFORE, in consideration of the fully mutual covenants and promises
contained herein and of other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
I. Definitions. For purposes of this Agreement, each of the following tenns, when used
herein with an initial capital letter, shall have the following meaning:
1.1 Construction Drawings. All drawings in the possession of the County used
in preparing the Plans and Specifications.
1.2 Deed. The special warranty deed of conveyance of the Land and
Improvements from County to City.
1.3 Effective Date. The date when the last one of County or City has signed this
Agreement, as stated on the signature page.
1.4 Environmental Report. Any environmental assessment audit and/or survey
in the possession of the County or which m~y be conducted by City's environmental engineer, at
City's expense, wi~ respect to the Property.
't . ~
1.5 EnViro~ental Requirem~t All laws, statutes, ordinances, rwes,
~~ations, orders, codes, ;Jicenses, pennits, decr.~, judgments; directiv~, or the equivalent of,.or.
by any federal, state or local governmental authority and relating to or addressing the protection o(
the environment or human health.' ,
. L6, Evidence of Authority. 'Evidence of authority for the execution and
performance of this Agreement by County including (i) necessary resolution or consents, and (ii) a
certificate duly executed by an acceptable represerttative of County with respect to the offices or
titles held by the Persons who executed this Agreement and will execute documents on behalf of
County as required or contemplated by this Agreement. j, ;
1.7, Hazardous Substances. Any material or substance that, whether by its nature
or use, is now or hereafter defined as hazardous waste, hazardous substance, pollutant or
contaminant lDlder any Environmental Requirement, or which is toxic, explosive, corrosive,
flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous and which is
regulated under any Environmental Requirement, or which is or contains petrole~ gasoline, diesel
fuel or another petroleum hydrocarbon product.
1.8 Improvements. All buildings, structures, fIXtures, including, without
limitation, all equipment and appliances used in connection with the operation and occupancy of the
Improvements, such as heating and air-conditioning systems and facilities used to provide any
utility services, remgeration, trash disposal or other services, and other improvements and facilities
located on the Land.
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1.9 Insurance Requirements. All terms of any existing insurance policy and all
requirements of the issuer of any existing insurance policy applicable to or affecting the Property or
any part thereof or any use or condition thereof.
1.10 Intangible Property. All intangible property owned by County and used in
connection with or relating to the ownership, use, development, operation, management, occupancy
or maintenance of the Land, the Improvements and/or the Personal Property, including, but not
limited to the Pennits, the Utility Deposits, all public and private contract rights and development or
usage rights of County solely with respect to the Land and the Improvements.
1.11 Land. The parcels of land more particularly desaibed in section 4 and
incorporated herein by reference and appurtenant easements thereto, together with all of County's
right, title and interest in and to all easements, rights of way, strips and gores of land, tenements,
hereditament and appurtenances, reversions, remainders, privileges, licenses and other rights and
benefits belonging to, running with or in any way relating thereto; together with all right, title and I
interest of County (if any) in and to any land lying ~ the bed of any street, road or highway, open or-
'proposed, in front of, abutting or adjoining the Lan~: :~~
;';
1'.12 . Legal ~ Requirement All la\Vs~ statutes, codes, actS1 ordinances, orders,'
judgments, decrees, injunctions, rules, regulations,Pennits, licenses, authoriZations, directions and, ..
requirements of all governmental and quasi-govenunental authorities, officials, agencies, and
officers, ordinary or extraordinary, which now may be applicable to the Property or any use,. '
operation or condition thereof.; , j
~'.. .;
,.
1.13 Monetary Lien. Any mortgage, deed of trust, 'security'deed, lien, monetary
judgment, security interest, past due tax or assessment or other similar encumbrance of a monetary
nature against the Property or any portion of the 'Property.
1.14 Operating Agreements. All management, service, equipment, supply,
security, maintenance, concession, pest control, employment and collective bargaining agreements,
equipment leases, advertising contracts, vending machine contracts and other such agreements (and
any amendments, modifications or supplements thereto) with respect to or affecting the Property or
any portion thereof and also including any such contracts or agreements approved in writing by City
after the date hereof.
1.15 Permits. The certificates of occupancy and completion with respect to the
Improvements and all other consents, notices of completion, environmental and utility permits and
approvals (to the extent required for the use and/or occupancy of the Property), authorizations,
variances, waivers, licenses, permits, certificates and approvals from any governmental or
quasi-governmental authority issued or granted with respect to the Property.
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1.16 Person. Any individual, sole proprietorship, partnership, joint venture, trust,
unincorporated organization, association, corporation, institution, entity, party or government
(whether national, federal, state, county, city, municipal or otherwise, including, without limitation,
any instrmnentality, division, agency, body or department thereof).
1.17 Personal Property. The tangible personal property of County located on or
used in connection with the Land or in the Improvements, including, but not limited to, the property
listed in section 4 and 5, including any abstracts of title.
1.18 Plans and Specifications. The "as built" plans and specifications utilized in
the construction of the Improvements.
1.19
Property. The following property:
1.19.1 the Land;
1.19.2 ~e Improvements;
1.19.3 the Intangible Property
1.19.4 th~ Personal Property;
. . .j.
1.19.5 the interest of County under the Surviving Contracts, the Warranties
and the Permits; and
.'
1.19.6 the Records and Plans.
1.20 Real Property. The Land and the Improvements.
1.21 Records and Plans. All books, records and documents maintained by County
or compiled by or at the request of County and in the possession or control of County specifically
relating to the ownership, use, development, operation, management, occupancy or maintenance of
the Property, including, without limitation all title reports, title insurance polices, site assessments,
engineering reports, surveys, the Construction Drawings, the Plans and Specifications and all
records pertaining to the ongoing maintenance, use and operation of the Property.
1.22 Security Deposits. All deposits for any of the properties subject to transfer or
assigmnent to the City in possession of the County.
1.23 Submission Docmnents. The diligence items to be delivered to the City
pursuant to Sections hereof.
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1.24 Swviving Contracts. Those Operating Agreements which City does not
elect to cancel and agrees to assume (by written notice to County prior to the Contingency
Deadline), iflegally transferable and assumable in accordance with the terms hereof.
1.25 Transfer. The surrender, conveyance, transfer, delivery and assignment of
Property including ownership, control and jurisdiction.
1.26 Transfer Date. March 30, 2001 or such date as may be extended by the terms
of this Agreement or by the mutual, written consent of the County and the City.
1.27 V.C.C. Report. A report detailing the results of a search of all personal
property records in which a security interest, lien or encumbrance affecting any portion of the
Property may be located.
Property.
1.28 Utility Deposits. All deposits for utility services currently provided to the
1.29 Warranties. All existing guarantees, warranties; ,and indemnities now or
prior to Closing relating to the construction, operation and/or use of the ImProvements and Personal
Property and in effect at the time of Closing. , ; .
2. Transfer. County shall transfer the Property to City subject to and in accordance
with the tenns and conditions of this Agreement on or before the Transfer Date. .
2.1 Conditions Precedent
2.1.1 A condition precedent to proceeding with the Transfer by the
County to the City of any fee simple interest in Real Property encompassed by this Agreement is
that the County shall deliver to City the Records and Plans, Pennits, Environmental Report, no
lien affidavits, notices of deficiency, notices of violation, and any other such documents
pertaining to the Transfer of the Real Property in a fonn and sufficiency reasonably satisfactory
to the City.
2.1.2 A condition precedent to proceeding with the Transfer by the
County to the City of any lease interest in Real Property encompassed by this Agreement is that
the City is in receipt of all assignments of lease, estoppel letters, nondisturbance agreements,
Operating Agreements, representations and warranties that the lease is in good standing, and any
other such documents pertaining to the Transfer of the lease interest in the Real Property, as the
City may deem necessary, in a form and sufficiency reasonably satisfactory to the City.
2.1.3 A condition precedent to proceeding with the Transfer by the
County to the City the Personal Property encompassed by this Agreement is that the City is in
receipt of all bills of sale, UCC searches, warranties, and any other such documents pertaining to
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the transfer of the Tangible Personal Property, as the City may deem necessary, in a fonn and
sufficiency reasonably satisfactory to the City.
2.1.4 County shall have delivered to City, at not cost to City, an
executed termination of each Operation Agreement which City designates is to be terminated by
written notice to County on or before the Transfer Date.
2.1.5 Without additional cost or charge to City, all Permits, warranties
and other Intangible Property shall be assigned to City, to the extent the same are assignable.
2.1.6 Except as cured by County or otherwise approved or waived in
writing by City, no event shall be occurred which may have an adverse effect on the operation or
physical condition of the Property.
2.1.7 No amendments, restatement, adoption or repeal of any laws,
statutes, codes, acts, ordinances, orders, judgments, decrees, injunctions, rules, regulations, pennits,
licenses, authorizations, directions and requirementsoLall governmental authorities, officials,
agencies and officers, ordinary or extraordinary, shall have occurred which is applicable to the
Property and has or could have an adyerse effect upon the value, use, operatio~ zoning,
developmen~ conditipn or IQ.tended ~se thereof. ", "
2.1.8 A condition precedent to proceeding with the Transfer by the
County to the City of any interest in any Operating Agreements encompassed by this Agreement
is that the City is in, receipt of all contracts for services, estoppel letters from the service
providers, and any other such docmnents pertaining to the Operating Agreements as the City
may deem necessary, in a form and sufficiency reasonably satisfactory to the City.
2.2 On or before the Transfer Date, the County also must have completed all
steps necessary to effectuate the Transfers encompassed by this Agreement, including, but not
limited to, transferring relevant ownership rights of Real and Personal Property owned by the
County and assigning relevant contractual rights to which the County is a party, including
obtaining pennission from any third parties to assign such contractual rights.
2.3 With respect to each Transfer, if the County has not completed all
conditions precedent to that Transfer by the Transfer Date, the County shall continue to be
responsible for all services and responsibilities contemplated by this Agreement which pertain to
those certain properties and/or documents until such time as all conditions precedent to the
Transfer are completed.
2.4 Any unreasonable delay on the part of the County to complete all steps
necessary shall be deemed a breach of this Agreement.
2.5 Transfer of any interest by the County in property, whether real or
personal, or of any leasehold, shall be conveyed by special warranty deed.
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2.6 The City shall be responsible for obtaining such title reports, title
insurance, permits, environmental audits and surveys, UCC searches, estoppel letters,
nondisturbance agreements and the like as it may require, at its expense.
2.7 The County shall cooperate by making its files and records available to the
City.
2.8 All prorations are to be made "as of the Transfer Date" as of 11:59 p.m.local
time on the date immediately preceding the Transfer Date. In each proration set forth below, the
portion thereof allocable to periods beginning with the Transfer Date shall be credited to City, or
charged to City, as applicable, at Transfer or, in the case of allocations made after Transfer, upon
receipt of such payments or invoice as of the Transfer Date. The following items shall as
applicable, be prorated between City and County or credited to City or County:
2.9 Utility Expenses and Payments. County shall have sole responsibility for all
utility charges clccroed as of the Closing Date. City shall be reSponsible for making any necessary
arrangementS for the continuation of all utility services to the Property following Transfer. County
shall cooperate' with City:andexecute',:an necessary documen~ as reasonably;required by City to
accomplish the foregoing:
2.10 . oPerating Agreement Payments. All payments, due or made_ under any
Surviving Contracts shall b~ prorated '1;lS of the Transfer Date;"except that ~ounty:shall be solely
responsible for payments made to ~ ~y default by County under the Surviviiig Contracts.
2.11 County Personal Property. All amomts payable or prepaid under leases of
any of the leased items of Personal Property, if any, which City elects to inClude in the Property
shall be prorated as of the Clos!ng Date. "
2.12 Other Matters. County and City shall make such other adjustments and
apportionments as are expressly set forth in this Agreement
2.13 Survival. The provisions of this section shall survive the Transfer and the
delivery of the transfer documents and payments. In the event final figures have not been reached
on any of the adjustments, prorations or costs which are to be adjusted at or prior to Transfer
pursuant to this section, the parties shall use adjustments and prorations reasonably estimated by
County and City, subject to later readjustment when such final figures have been obtained. The
parties hereof agree that they shall seek to determine the amounts of all prorations and adjustments
required hereunder on or before the Transfer Date, if possible, and to the extent not then obtainable
within one (I) year of the Termination Date.
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3. Conveyances and Deliveries at Transfer.
3.1 Warranty Deed. COlmty shall convey the Land and Improvements to City by
a duly executed and recordable special warranty deed in a form approved by the City Attorney
(herein referred to as the "Deed"), subject only to the Permitted Exceptions.
3.2 Bill of Sale. COlmty shall also convey the Personal Property to City by a
duly executed Bill of Sale in a fonn approved by the City Attorney.
3.3 Assignment of Surviving Contracts and Other Interest County shall assign
to City, and City shall asswne, County's interest in the Surviving Contracts, by a duly executed
assigmnent and assumption agreement in a fonn approved by the City Attorney. County shall
obtain any and all necessary consents for assignment and shall deliver the same to City at or prior to
the Transfer Date.
.' 3.4 , Contracts, Records and Plans. At or !:)imultaneously with the Transfers,
"County shall deliver .to City the originals (orjf originals are unavailable" certified copjes) of the
, Surviving Contracts, the Warranties, the ,Records and Plans, tile Plans and Specificatio~ and the
Permits. County may keep copies of such materials at County's SQle cost and expense.
3.$ Affidavit of Title. At Transfer, County shall execute and deliver to City and
to the title company if any, a title affidavit in a fonn approyed,QY the City Att()m,ey (or in the fonn
required by the title company) together With such resolution, affidavits and certificates as the title
company may reasonably require to issue an owner's title policy in accordance with the terms of
this Agreement.
3.6 Evidence of Authority. At Closing, County shall update Evidence of
Authority dated not more that five days before the Transfer Date.
3.7 General Assignment At Transfer, County will deliver to City a general
assignment, to the extent assignable, of the Records and Plans, Warranties, Utility Deposits,
Permits, the Intangible Property and all other property and rights included in the transaction
contemplated by this Agreement; which assignment shall be in a form approved by the City
Attorney.
3.8 Physical Possession. At Closing, County shall deliver to City all items
required for the application and entry, including but not limited to and combinations, keys to the
Property and actual sole and exclusive physical possession of the Property.
3.9 County's Affidavit. At Transfer, County shall deliver to City an Affidavit, in
form reasonably satisfactory to City confirming that County has the power and authority to execute
and deliver this Agreement and perform its obligations hereunder, and that the execution, deliveI)'
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and performance of this Agreement and of all instruments to be executed and delivered by County
hereunder have been duly authorized by all necessary action on the part of County and will not
conflict with or result in a breach of or any order, judgment, writ, injunction or decree of any court
or governmental instrumentality, or of any agreement or instrument to which County is a party or by
which it is bound, or to which the Property is subject.
3.10 Other Docmnents. Prior to the Termination Date, County and City shall
deliver to each other any other docmnents expressly required to be delivered or furnished pursuant
to any other provisions of this Agreement or reasonably required to carry out the purpose and intent
of this Agreement.
4. Real Property. The following transfers and assignments of Property and Land
will take place on or before the Transfer Date, unless another date is specified in this Agreement.
4.1 . County Parks and Facilities. The County owns certain park properties and
government facilities located within the City. The County will: Transfer ownership of the
;~.' f~llowing park properties and gov~mment.faci1ities to the City by, Special Warranty Deed in a
fom acceptable t~:ilie City. ':; :: . " .. , ;. .
, 4.1.1 Coco Plum Beach
4.1.2 . :reen Center (33rd Street)
~ .
4.1.3 Jaycees Building (33rd Street)
....
4.1.4 Swit1lk School Building
4.1.5 Senior Citizens Center
NOTE: City agrees that County maintains, ownership,
City requests the facility be maintained as consistent
with Marathon's evolving Community Identity and
Architectural Standards.
4.1.5 Yacht Club
4.2 Vacant Land/Crawl Key. The County owns a certain real property known
as Crawl Key. The County will Transfer ownership of a portion of the Crawl key property to the
City by Special Warranty deed in a form acceptable to the City. The City shall provide a legal
description of the property to the County, which shall contain a minimum of nine developable
acres as well as an access easement to the nearest public right-of-way.
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4.3 Marathon Community Park. The County owns a certain real property
known as the Marathon Community Park. The County will enter into a lease/operating
agreement with the City that will provide the City with the authority to operate and manage all
activities at the Park.
Note: City, County discussions have included having City Council sit as
Governing Body of Park.
5. Public Works.
5.1 Roadways, Rights of Way, Bridges.
5.1.1 The County owns roads, rights of way, bridges and easement
interests in certain County-publicly-dedicated roads located within the City Area that are a part
of the Property.
'5.i.2 The 'County will SUrrender jurisdiction,to:the City,and Transfer:to
the City ownership and control ~fall roads, ripm of way, ~d easement interests'in the County-
publicly-dedicated roads located within the City Area. ' ' :, . , ' .
5.1.3 This;Transfer of roads, rights of way, and easement interests sh~ll
iIiclude the surrender to the City the County's . regulatory and proprietary jurisdiction and the
conveyance of all right, title, and 'interest of the County. The transfer of such roads arid rights of
way shall be by a separate Road Transfer Agreement as required by Florida Statutes. '
5.2 Bike Paths.
5.2.1 The County owns property on which it operates bike paths and
possesses right of way permits to operate bike paths on certain other property located Within the
City Area which are a part of the Property.
5.2.2 Subsequent to the execution of the Road Transfer Agreement, the
County will transfer to the City all right, title, and interest in these bike paths and will assign to
the Ci ty all interests it holds in Permits governing such paths.
5.2.3 Where assignment of interests is necessary, the County will
undertake all steps necessary to facilitating the assignments, including, but not limited to,
obtaining the approval of the FOOT.
5.3 Street Lighting.
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5.3.1 The County is engaged in the operation and maintenance of street
lights within the County, including street lights located within the City Area, pursuant to an
agreement between the County and the Florida Keys Electric Cooperative Association, Inc.
5.3.2 Subsequent to the execution of the Road Transfer Agreement, the
City will enter into a separate agreement with FKEC to operate and maintain street lights within
the City Area.
5.3.3 The County will modify the FKEC Agreement to exclude the
property and street lights located within the City Area.
5.4 Traffic Signals.
5.4.1 The County is engaged in the operation and maintenance of traffic
signals within the County, including traffic signals located within the City Area, pursuant to the
FKEC Agreement, attached as Exhibit I.
, 5.4.2 Subsequent to the execution of the Road Transfer Agreement, the
City will enter into a separate agreement with FKEC to, operate and maintain traffic signals
within the City Area.' '! '~.
5.4.3 The County will modify the FKEC Agreement to exclude the
property and traffic signals located within the City Ar~a~
5.5 Boot Key Bridge.
5.5.1 The County owns and operates a certain property known as the
Boot Key Bridge.
5.5.2 The County shall transfer ownership of the Bridge to the City via a
special warranty deed in.a fonn acceptable to the City. As conditions precedent to the City
accepting the transfer of ownership of the Bridge, the County and City Engineers shall first agree
to repairs that would effectuate safe Bridge operations for the foreseeable future, including a
report of the cost to repair the Bridge, a commitment from the County to pay the cost to repair
the Bridge, which shall be estimated at Two Million Dollars ($2,000,000.00), and the selection
of a Contractor to make said repairs evidenced by an executed Agreement between the
Contractor and the County.
NOTE: County and City Engineer are finalizing expected cost to repair, with
anticipated completion date of the March BOCC meeting.
6. Cable Television.
6.1 The City will maintain its own cable television franchise.
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6.2 If the City has not established its own franchise by the Effective Date, the
County will provide the City with the City's proportionate share offranchise fees generated from
customers in the City Area retroactive from October I, 2000, Wltil the City establishes its own
franchise. In any event County shall deliver City's proportionate share of the cable fees paid to
County to City within 5 days of receipt of same.
7. Impact FeeslFund Balances.
7.1 Roadway Impact Fees. The County will pay to the City One Million
Eighty Four Thousand Seven Hundred Nine Dollars ($1,084,709.00) in
roadway impact fees collected within the City Area with Five Hundred
Eighty Four Thousand Seven Hundred Nine Dollars ($584,709.00) to be
utilized for Boot Key Bridge repairs.
NOTE: City agrees to utilize the same methodology as
Islamorada to determine all impact fees. City does require an
~ explanation of methodology and all. documentation of
support.
7.2 Parks Impact Fees. The County will pay to the, Gity One Hundred Fifty
Two Thousand One Hundred Seventy Seven Dollars ($152,177.00) in parks impact fees
collected within the City Area.
7.3 Fire Impact Fees. The County will pay to the City Twenty One
Thousand Eight Hundred Seventy Dollars ($21,870~00) in fIre impact fees collected within the
City Area.
7.4 Planning District Funds. The County will pay to the City Six Hundred
Eighty One Thousand Four Hundred Fifty Eight Dollars ($681,458.00) for Growth Management
services budgeted but not provided in Fiscal Year 1999-2000 due to the incorporation of the
City.
7.5 Solid Waste District Fund Balance. One Million Seven Hundred Fifty
Three Thousand Nine Hundred Ninety Four Dollars ($1,753,994.00) in
fund balances will be waived for five-year coverage under the County's
post-hurricane clean-up umbrella.
NOTE: Discussions with County Attorney have suggested
possibly utilizing the City's share of garbage reserve funds to
be applied to the debt service associated with garbage
incinerators as well as other garbage related debt.
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7.6 Timing. The County will provide the City with a lump sum payment of all
monies due from the County to the City under this section no later than 30 days after the
Effective Date.
8. Solid Waste Haul-Out. The City shall pay the County One Million Four Hundred
Three Thousand Dollars ($1,403,000.00) for Fiscal Year 2000/2001 for the
utilization of the County's transfer station located at Crawl Key and the associated
haul-out services provided by Waste Management, Inc. This amount is subject to
re-negotiation with Waste Management, Inc. and shall be revised if a more
economically beneficial agreement can be reached.
NOTE: City is hopeful that Monroe County is able to renegotiate
with Waste Management Once this occurs, the City anticipates
negotiating a separate agreement with Waste Management, or
possibly another pro.vider. With the execution of this agreement, the
City agrees to pay Monroe County 'all past and current costs
associated with th,~ 'City's utilization of the Monroe Coui1;ty transfer
facilities and haui'out services. " '
9. Terminationffenn.
9.1 This Agreement will expire on September 30, 2002, or upon completion of
the Transfers contemplated by this Agreement, whichever shall occur first, unless extended by
other provisions contained herein (the ''Termination Date").
9.2 The parties recognize that both the City and the, County are making
significant time and monetary investments in the performance of this Agreement. Accordingly,
both parties agree that this Agreement shall not be terminated by either party unless one party is
in default and fails to cure said default pursuant to Section 18 of this Agreement. In the event of
such tennination, the non-defaulting party shall provide the defaulting party thirty (30) days
written notice of termination. The non-defaulting party shall be entitled to any and all remedies
afforded by law, including but not limited to, specific performance, injunctive relief, and
monetary damages. '
9.3 Prior to the Termination Date, all Transfers of Property, contemplated
herein shall be completed, the City will pay to the County any outstanding payments due the
County under this Agreement and the County will pay to the City any outstanding payments due
the City under this Agreement.
10. Notices.
10.1 All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, hand delivered, or overnight delivery
13
addressed as follows (or any other address that the party to be notified may have designated to
the sender by the like notice):
The County:
Mr. James Roberts
County Administrator
Monroe County
Public Service Building, Wing II
5100 College Road, Stock Island
Key West, Florida 33040
A copy to:
James Hendrick, Esq.
County Attorney
310 Fleming Street
Key West, Florida 33040
City:
Mr. Craig Wrathell ,
City Manager
City of Marathon
1.1090 Overseas Highway
Marathon, Florida 33050
.;:'
~ ,..
.l.' ~
A copy to:
Nina L. Boniske, Esq.
10hn Herin, lr., Esq.
City Attorneys
City of Marathon
Weiss Serota HeUinan Pastoriza & Guedes, P .A.
2665 South Bayshore Drive - Suite 420
Miami, Florida 33133
10.2 Unless otherwise required by law, any notice sent hereunder shall (subject
to proof of receipt or refusal ofs'arne) be deemed to have been delivered on the same day if hand-
delivered, on the next business day if sent by overnight courier, or on the day of receipt of
refusal, if sent by certified or registered mail.
II. Casualty.
11.1 Prior to the Transfer Date, the entire risk of loss or damage by fire,
hurricane, or other casualty shall be borne and assumed by the County.
11.2 Until the Transfer Date, the County shall keep in effect all insurance
policies relating to the Property which are the subjects of this Agreement.
14
11.3 It: prior to the Transfer Date, any part of the Property is damaged or
destroyed by fire, hurricane, or other casualty, the County shall immediately notify the City of
such fact.
1 1.4 If such damage or destruction is material (as defined below), the City shall
have the option to terminate this Agreement upon written notice to the County within 30 days
after receipt of the County's notice.
I 1.5 "Material" is any uninsured damage or destruction to the Property (except
that casualty shall not be deemed uninsured solely because all, or a portion, of the cost of the
casualty is subjected to a deductible) or any insured damage or destruction (i) where the cost of
replacement is estimated in the City's good faith judgment, to be Fifty Thousand and NollOO
dollars ($50,000.00) or more for any part of the Property or (ii) where the repair or replacement
is estimated, in the City's good faith judgment, to require more than one hundred twenty (120)
days.
11.6 If the City does not exercise this option to .tenninate this Agreement, or if
the casualty is not material, the County, on the Transfer Date, shall assign to the City, :and the
City will be entitled to receive and keep; all insurance .proceeds payable With respect :to such
casualty (which shall then be repaired or not at the City's option"arid cost)~'plus the County shall
pay over to the City the sum of (a) all insurance proceeds preViQusly paid to the County with
respect to such casualty, (b) an amount equal to the deductible amount. with respect to the
insurance, and (c) an amount equal to reasonable attorneys' fees and other expenses incurred by
the City in adjusting the insurance' awardL In such event, the County will not be obligated to
repair or restore the Property.
11.7 If the City does not elect to terminate this Agreement by reason of any
casualty, the City will have the right to participate in any adjUstment of the insurance claim and,
in such event, the City and the County shall cooperate with each other in good faith.
12. Amendments. The Agreement may be modified only by an agreement in writing
authorized by the City Council and the Board of County Commissioners, Monroe County.
13. Indemnification. To the extent allowed by law, each party hereto shall indemnify
and save hannless the other from any and all claims, liability, losses, and causes of action which
may arise out of the other's actions in fulfillment of this Agreement.
14. Outstanding Issues.
14.1 The parties acknowledge that there are pending issues between the parties
pertaining to other municipal and county services (the "Pending Issues") which have not been
resolved by this Agreement.
15
14.2 The parties agree that by executing this Agreement, each party expressly
reserves its right to take any and all actions with respect to the Pending Issues, and neither party
waives any of its rights with regard to the Pending Issues.
14.3 The parties also agree that this Agreement will not be asserted as an
estoppel, waiver, or in any other manner as a bar to any suit, claim or challenge with regard to
the pending issues.
15. Exhibits. The Exhibits referred in and attached to this Agreement
are incorporated herein in full by this reference.
16. Law. This Agreement shall be construed in accordance with the laws of the
State of Florida. The venue for any lawsuit arising out of this Agreement shall be Middle Keys
Division, Monroe County, Florida.
17. Severability. Should any proVISIOn, paragraph, sentence" word, or phrase
contained in this Agreement be determined by a court of competent jurisdiction to beirivalid,
illegal, or otherwise unenforceable under the laws of the State of Florida, such provision,
paragraph, sentence, word, or phrase shall 'be d~emedmodified to the extent necessary in order to
conform with such laws, then shall be deemed severable, and in this Agreement, shall remain
unmodified and in full force and effect. '
18. DefaultlRemedies.
18.1 In the event of a failure to perfonn or a breach of any obligation of this
Agreement by either County or City, which failure or breach is not cured within thirty (30) days
of written notice thereof, such action shall constitute a default by the party committing said
default.
18.2 If and when any default of this Agreement occurs, the non-defaulting party
may avail itself of any legal or equitable remedies that may apply, including, but not limited to,
actual damages and specific perfonnance of this Agreement.
18.3 Such remedies may be exercised in the sole discretion of the non-
defaulting PartY.
18.4 Nothing contained in this Agreement shall limit either party from pursuing
any legal or equitable remedies that may apply.
19. Miscellaneous.
19.1 No delay or omission in the exercise of any right or remedy accruing to
the City or County upon any breach under this Agreement shall impair such right to remedy or
be construed as a waiver of any such breach.
16
19.2 Further Assurances. County and City each agrees to execute and deliver to
the other such further documents or instruments as may be reasonable and necessary in furtherance
of the perfonnance of the terms, covenants and conditions of this Agreement. This covenant shall
survive the Closing.
19.3 Counterparts. This Agreement may be executed in separate counterparts. It
shall be fully executed when each party whose signature is required has signed at least one
counterpart even though no one counterpart contains the signatures of all of the parties of this
Agreement. [Facsimile copies shall be deemed originals.]
19.4 Non-waiver. No waiver by County or City of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by such party. No delay or
omission in the exercise of any right or remedy accruing to County or City upon any breach tmder
this Agreement shall impair such right to remedy or be construed as a waiver of any such breach
theretofore or thereafter occurring. ,The: waiver by County or City of any breach of any term,
covenant or co~dition herein stated sh~l not be deemed to be a' waiver of any other breach, or of a
,S\1bsequent b~ch o~ the same or any other teon, covenant or condition herein contained.
. '!;.
19.5 Attorneys' Fees. In the event of any controversy, claim or dispute between
the parties arising from or relating to this Agreement including, but not limited to, the enforcement
of any indemnity provisions, the prevailing party shall be entitled to recover reasonable costs,
expenses and attorneys' fees including, but not limited to, court costs and other expenseS through all
appellate levels.
19.6 Survival. The terms and obligations of this Agreement shall survive the
Transfer and Termination Date herein.
19.7 Waiver of Trial by Jury. COUNTY AND CITY HEREBY
IRREVOCA~L Y AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS TO TRIAL
BY JURY IN ANY ACTION, SUIT OR COUNTERCLAIM ARISING IN CONNECTION
wrrn, OUT OF OR OTHERWISE RELATING TO THIS AGREEMENT AND ANY OTHER
DOCUMENT OR INSTRUMENT NOW OR HEREAITER EXECUTED AND DELIVERED IN
CONNECTION THEREWITH.
[THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK]
17
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seal this day of . 200 I.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, a political subdivision of the
State of Florida
A ITEST: DANNY L. KOLHAGE
By:
By:
Mayor/Chainnan
Deputy Clerk
(SEAL)
APPROVED AS TOFORM
AND LEGAL SUFFICIENCY:
By:
County Attorney
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
THE CITY OF MARATHON,
FLORIDA, a municipal corporation of the
State of Florida
By:
City Attorney
By:
Robert K. Miller, Mayor
18
MEMORANDUM OF UNDERSTANDING
This is a Memorandum of Understanding between Monroe County, Florida, a political
subdivision of the State of Florida (the "County"), and the City of Marathon, Florida, a municipal
corporation of the State of Florida (the "City"), entered this day of ,2001
(the or this "Agreement").
BACKGROUND
WHEREAS, pursuant to Chapter 99-427, Laws of Florida, the City was incorporated on
November 30, 1999, and became operational on February 24, 2000; and
WHEREAS, the County holds in fee simple certain property known as the Boot Key
Harbor Marina (the "Marina") as. well as County-owned bay ,bottom located in, Boot Key Harbor
and the State of Florida owns strategically located bay bottom in the Harbor'which can"be
swapped for the environmentally sensitive bay bottom owned. by Monroe County. Once'the
County and the State swap the bay bottom, the newly' acquired County-owned bay bottom will be
utiliz~d for a mooring field for boaters which can be utilized for long-term habitation; and
WHEREAS, the City and the County desire to partner together to clean up the harbor,
develop a harbor management plan, file as co-applicants on the Department of Environmental
Protection (the "DEP") permit, and work together with the County's current Marina Manager, the
Marathon Economic Development Council (the "MEDC"), until the expriation of the existing
agreement or September 30, 2002, whichever is shorter in duration. Ultimately the City will own
and operate the Marina, all County-owned mooring fields, harbor management
facilities/structures utilized by the County for proper harbor management, and all County-owned
bay bottom; and
WHEREAS, Chapters 125 and 166, Florida Statutes, allow counties and municipalities to
contract for services to be rendered by the County to the City and by the City to the County.
NOW THEREFORE, in consideration of the fully mutual covenants and promises
contained herein and of other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. DefInitions. For purposes of this Agreement, each of the following tenns, when
used herein with an initial capital letter, shall have the following meaning:
1.1 Construction Drawings. All drawings in the possession of the County used
in preparing the Plans and Specifications.
1.2 Deed. The special warranty deed of conveyance of the Land arid
Improvements from County to City. , ,
1.3 Effective Date. The date when the last one of County or City has signed this
Agreement, as stated on the signature page. ',: ' . , :, ) '_ , ' .
1.4 Environmental Report. Ariy enVironmental assessment audit and/or survey
in the possession of the County or which may be conducted 'by' City's environmental engineer, at
City's expense, with respect to the Property.
1.5 Environmental Requirement All laws, statutes, ordinances, rules,
regulations, orders, codes, licenses, permits, decrees, jll;dgments, directives or the equivalent of or
by any federal, state or local governmental authority and relating to or addressing the protection of
the environment or hwnan health.
1.6 Evidence of Authority. Evidence of authority for the execution and
performance of this Agreement by County including (i) necessary resolution or consents, and (ii) a
certificate duly executed by an acceptable representative of County with respect to the offices or
titles held by the Persons who executed this Agreement and will execute documents on behalf of
County as required or contemplated by this Agreement
1.7 Hazardous Substances. Any material or substance that, whether by its nature
or use, is now or hereafter defmed as hazardous waste, hazardous substance, pollutant or
contaminant under any Environmental Requirement, or which is toxic, explosive, corrosive,
flammable, infectious, radioactive, carcinogenic, mutagenic or otherwise hazardous and which is
regulated under any Environmental Requirement, or which is or contains petroleum, gasoline, diesel
fuel or another petroleum hydrocarbon product.
2
1.8 Improvements. All buildings, stmctures, fixtures, including, without
limitation, all equipment and appliances used in connection with the operation and occupancy of the
Improvements, such as heating and air-conditioning systems and facilities used to provide any
utility services, refrigeration, trash disposal or other services, and other improvements and facilities
located on the Land
1.9 Insurance Requirements. All terms of any existing insurance policy and all
requirements of the issuer of any existing insurance policy applicable to or affecting the Property or
any part thereof or any use or condition thereof.
1.10 Intangible Property. All intangible property owned by County and used in
connection with or relating to the ownership, use, development, operation, management, occupancy
or maintenance of the Land, the Improvements and/or the Personal Property, including, but not
limited to the Permits, the Utility Deposits, the Security Deposits, all public and private contract
rights and development or usage rights of County solely with respect to the Land and the
Improvements.
1.11 Land. The parcels of land mown as Boot Key Harbor Marina and'the Bay
Bottom, more particularly described on Exhibit "A-. attached heretO and inCOiporated: herem by
reference and appurtenant easements thereto, together with all of County's right, title and'futerest in
and to all 'easements, rights of way, 'strips and gores of land,' tenements, hereditament and.
appurtenances, reversions, remainders, privileges, licenses' and other rights and benefits belonging
to, running with or in any way relating thereto; together with all right, title and interest of County (if
any) in and to any land lying in the bed of any street, road or highway, open or proposed, in front of,
abutting or adjoining the Land
1.12 Legal Requirement All laws, statutes, codes, acts, ordinances, orders,
judgments, decrees, injunctions, roles, regulations, pennits, licenses, authorizations, directions and
requirements of all governmental and quasi-governmental authorities, officials, agencies, and
officers, ordinary or extraordinary, which now may be applicable to the Property or any use,
operation or condition thereof.
1.13 Monetary Lien. Any mortgage, deed of trust, security deed, lien, monetary
judgment, security interest, past due tax or assessment or other similar encumbrance of a monetary
nature against the Property or any portion of the Property.
1.14 Operating Agreements. All management, service, equipment, supply,
security, maintenance, concession, pest control, employment and collective bargaining agreements,
equipment leases, advertising contracts, vending machine contracts and other such agreements (and
any amendments, modifications or supplements thereto) with respect to or affecting the Property or
any portion thereof.
3
1.15 Pennits. The certificates of occupancy and completion with respect to the
Improvements and all other consents, notices of completion, environmental and utility permits and
approvals (to the extent required for the use and/or occupancy of the Property), authorizatio~
variances, waivers, licenses, pennits, certificates and approvals from any governmental or
quasi-governmental authority issued or granted with respect to the Property.
1.16 Person. Any individual, sole proprietorship, partnership, joint venture, trust,
unincorporated organization, association, corporation, institution, entity, party or govermnent
(whether national, federal, state, county, city, municipal or otherwise, including, without limitation,
any instrumentality, division, agency, body or department thereof).
1.17 Personal Property. The tangible personal property of County located on or
used in connection with the Land or in the Improvements.
1.18 Plans and Specifications. The "as built" plans and specifications utilized in
the construction of the Improvements.
1.19;' Property. The following propmy:
1.19.1 the Land;
1.19.2 the Improvements;
1.19.3 the Intangible Property;
1.19.4 the Personal Property;
1.19.5 the interest of County under the Surviving Contracts, the
Warranties and the Permits; and
1.19.6 the Records and Plans.
1.20 Real Property. The Land and the Improvements.
1.21 Records and Plans. All books, records and documents maintained by County
or compiled by or at the request of County and in the possession or control of County specifically
relating to the ownership, use, development, operation, management, occupancy or maintenance of
the Property, including, without limitation all title reports, title insurance polices, site assessments,
engineering reports, surveys, the Construction Drawings, the Plans and Specifications and all
records pertaining to the ongoing maintenance, use and operation of the Property.
4
1.22 Security Deposits. All deposits for marina slips and mooring facilities in
possession of the County or MEDC.
1.23 Submission Documents. The diligence items to be delivered to the City
pursuant to Sections hereof.
1.24 Swviving Contracts. Those Operating Agreements which City does not
elect to cancel and agrees to assume (by written notice to County prior to the Contingency
Deadline), if legally transferable and assmnable in accordance with the terms hereof.
1.25 Transfer. The surrender, conveyance, transfer, delivery and assignment of
Property including ownership, control and jurisdiction.
1.26 Transfer Date. September 30, 2002, or upon the tennination of the County's
Management Agreement with the Marathon Economic Development Council, whichever date is
sooner.
1.27 V.C.C. Report. A report detaiIiJ.?,g the results of a search of all personal
, property records in which a security interest, lien or encmnbrance,affecting any portion of the
, Property may be located. "
1.28 Utility Deposits. All deposits for utility services currently provided to the
Property. I
1.29 Warranties. All existing guarantees, warranties, and indemnities now or
prior to Closing relating to the construction, operation andlor use of the Improvements and Personal
Property and in effect at the time of Closing.
2. ,Transfer. County shall Transfer the Property to City subject to and in accordance
with the terms and conditions of this Agreement on or before the Transfer Date.
2.1 Conditions Precedent
2.1.1 A condition precedent to proceeding with the Transfer by the
County to the City of any fee simple interest in Real Property encompassed by this Agreement is
that the County shall deliver to City the Records and Plans, Permits, Environmental Report, no
lien affidavits, notices of deficiency, notices of violation, and any other such documents
pertaining to the Transfer of the Real Property in a fonn and sufficiency reasonably satisfactory
to the City.
2.1.2 A condition precedent to proceeding with the Transfer by the
County to the City of any lease interest in Real Property encompassed by this Agreement is that
the City is in receipt of all assignments of lease, estoppel letters, nondisturbance agreements,
5
Operating Agreements, representations and warranties that the lease is in good standing, and any
other such documents pertaining to the Transfer of the lease interest in the Real Property, as the
City may deem necessary, in a form and sufficiency reasonably satisfactory to the City.
2.1.3 A condition precedent to proceeding with the Transfer by the
County to the City the Personal Property encompassed by this Agreement is that the City is in
receipt of all bills of sale, UCC searches, warranties, and any other such documents pertaining to
the transfer of the Tangible Personal Property, as the City may deem necessary, in a form and
sufficiency reasonably satisfactory to the City.
2.1.4 County shall have delivered to City, at not cost to City, an
executed termination of each Operation Agreement which City designates is to be terminated by
written notice to County on or before the Transfer Date.
2.1.5 Without additional cost or charge to City, all Pennits, warranties
'and other Intangible Property shall be assigned to City, to the extent the same are assignable. '
2.1.6 Except as cured by County or otherwise. approved or waived in
".;writing by City, no eVeI,lt shall have occurr~,~hich:may have an adveJ:Se effect on the operation
, or physical condition of the Property. ' n-'" :~:" .. ~ ' ::~ 0::; ~,. . ': 0
2.1.7 No amendments" restatement, adoption 'or repeal of' any laws,
statutes, codes, acts, ordinances, orders, judgments, decrees, injunctions, IUles, regulations, pennits,
licenses, authorizations, 'directions and requirementS of: all~, governmental authorities, officials,
agencies and officers, ordinary or extraordinary, shall have occurred which is applicable to the
Property and has or could have an adverse effect upon the value; use, operation, zoning,
development, condition or Intended Use thereof.
2.1.8 A condition precedent to proceeding with the Transfer by the
County to the City of any interest in any Operating Agreements encompassed by this Agreement
is that the City is in receipt of all contracts for services, estoppel letters from the service
providers, and any other such documents pertaining to the Operating Agreements as the City
may deem necessary, in a form and sufficiency reasonably satisfactory to the City.
2.2 On or before the Transfer Date, the County also must have
completed all steps necessary to effectuate the Transfers encompassed by this Agreement,
including, but not limited to, transferring relevant ownership rights of Real and Personal
Property owned by the County and assigning relevant contractual rights to which the County is a
party, including obtaining permission from any third parties to assign such contractual rights.
2.3 With respect to each Transfer, if the County has not completed all
conditions precedent to that Transfer by the Transfer Date, the County shall continue to be
responsible for all services and responsibilities contemplated by this Agreement which pertain to
6
those certain properties and/or documents until such time as all conditions precedent to the
Transfer are completed.
2.4 Any unreasonable delay on the part of the County to complete all
steps necessary shall be deemed a breach of this Agreement.
2.5 Transfer of any interest by the County in property, whether real or
personal, or of any leasehold, shall be conveyed by special warranty deed.
2.6 The City shall be responsible for obtaining such title reports, title
insurance, permits, environmental audits and surveys, UCC searches, estoppel letters,
nondisturbance agreements and the like as it may require, at its expense.
available to the City.
2.7 The County shall cooperate by making its files and records
2.8 All prorations are to be made "as of the Transfer Date" as of 11:59 p.m. local'
time on the date immediately preceding the Transfer Date. , In each proration set forth below; '1he
portion thereOf allocable to periods beginning with the'Transfer Date shall be credited to Cityj'or
charged to City, as applicable, at Transfer or, in:the case of"allocations made after Transfer, upon
receipt of such payments or invoice as of the,::Transfer Date.' The following items shall as
applicable, be prorated between City and County o~lcredited to City or County: . -:, ;: .
" .-;.
2.8.1 Utility Expenses 'and Payments. CoUnty shall have sole
responsibility for 'all utility charges accrued as of the Closing Date. City, shall be responsible for
making any necessary arrangements for the continuation of all utility services to the Property
following Transfer. County shall cooperate with City and execute all necessary docmnents as
reasonably required by City to accomplish the foregoing.
2.8.2 Operating Agreement Payments. All payments due or made under
any Surviving Contracts shall be prorated as of the Transfer Date, except that County shall be solely
responsible for payments made to cure any default by County under the Surviving Contracts.
2.8.3 County Personal Property. All amounts payable or prepaid under
leases of any of the leased items of Personal Property, if any, which City elects to include in the
Property shall be prorated as of the Closing Date.
2.8.4 Other Matters. County and City shall make such other adjustments
and apportionments as are expressly set forth in this Agreement.
2.9 Survival. The provisions of this Section 2 shall survive the Transfer and the
delivery of the transfer documents and payments. In the event final figures have not been reached
on any of the adjustments, prorations or costs which are to be adjusted at or prior to Transfer
7
pursuant to this Section 2.8, the parties shall use adjustments and prorations reasonably estimated by
County and City, subject to later readjustment when such final figmes have been obtained. The
parties hereof agree that they shall seek to determine the amounts of all prorations and adjustments
required hereunder on or before the Transfer Date, if possible, and to the extent not then obtainable
within one (1) year of the Tennination Date.
3. Conveyances and Deliveries at Transfer.
3.1 Warranty Deed. County shall convey the Land and Improvements to City by
a duly executed and recordable special warranty deed (the "Deed'j.
3.2 Bill of Sale. County shall also convey the Personal Property to City by a
duly executed Bill of Sale.
3.3 Assignment of Surviving Contracts and Other Interest County shall assign
to City, and City shall assume, County's interest' in the Surviving Contracts, by duly executed
assigIiment and assumption 'agreements. County: shall obtain any and all necessmy consents foI'~ ~ ;
asSigfunent and shall deliver1he same to City at or prl()r to the Transfer Date.' i .. . ';, ,,.;.
,I,
'.'. ;: ~
;:".
3.4 , Contracts, Records and Plans~ At or simultaneously with, the Transfers,
CoUnty shall deliver to City the originals (or if'origirials are unavailable, certified copies) of the:
Surviving Contracts, the Warranties, the Records ,and Plans, the Plans and Specifications and the
Permits. County may keep copies of such materials at,County's sole ~st am expense.
'-
3.5 . AffidaVit of Title. At Transfer, County shall C?tecute and deliver to City and
to the title company if any, a title affidavit in the form required by the title, company together with
such resolution, affidavits and certificates as the title company may reasonably require to issue an
owner's title policy in accordance with the terms of this Agreement
3.6 Evidence of Authority. At Closing, County shall update Evidence of
Authority dated not more that five days before the Transfer Date.
3.7 General Assignment At Transfer, County will deliver to City a general
assignment, to the extent assignable, of the Records and Plans, Warranties, Utility Deposits,
Security Deposits, Permits, the Intangible Property and all other property and rights included in the
transaction contemplated by this Agreement.
3.8 Physical Possession. At Closing, County shall deliver to City all items
required for the application and entry, including but not limited to and combinations, keys to the
Property and actual sole and exclusive physical possession of the Property.
8
3.9 County's Affidavit At Transfer, County shall deliver to City an Affidavit, in
fonn reasonably satisfactory to City confirming that County has the power and authority to execute
and deliver this Agreement and perform its obligations hereunder; and that the execution, delivery
and perfonnance of this Agreement and of all instruments to be executed and delivered by County
hereunder have been duly authorized by all necessary action on the part of County and will not
conflict with or result in a breach of or any order, judgment, writ, injunction or decree of any court
or governmental instnunentality, or of any agreement or instrument to which County is a party or by
which it is bound, or to which the Property is subject.
3.10 Other Documents. Prior to the Termination Date, County and City shall
deliver to each other any other docwnents expressly required to be delivered or furnished pursuant
to any other provisions of this Agreement or reasonably required to carry out the purpose and intent
of this Agreement.
4. -Boot Key Harbor Marina.
;~.. .~
. ,'.;."
4.1
The County owns the Marina iIi fee simple.
,~
, -'
.:,
~": "
" ;f.':
4.2 The County owns environmentally sensitive bay botto~ located in Boot
Key Harbor. The State of Ft9rida also owns bay bOttom located in the Harbor that would be
appropriate for use by the City as a mooring fiel~ (the"~Bay Bott~m,l') ,
4.3 lbe Marina is currently operated by the Marathon Economic Development
Councii (the "MEDC") pursuant to a Management. Agreement between the MEDC and the
County, dated , a copy of which is attached as Exhibit ,"B." (the "Management
Agreement'').
;. .
'- - ~ .
~.' ::
NOTE: The City has unofficially agreed to the extension of the
term of the current MEDC contract an additional three years.
4.4 The City established a joint County-City Boot Key Harbor Advisory
Committee (the "Committee") on August 9, 2000. The Committee contains nine (9) members
with one alternate and the mission statement has been established as well by the Resolution
attached as Exhibit "C."
4.5 Within forty-five (45) days of the Effective Date, the County and City
shall sign as Co-Applicants on the Department of Environmental Protection (the "DEP") Permit
Application which will enable the Monroe County Marine Resources designed harbor
management plan to be implemented.
4.5 Within thirty (30) days of the Effective Date, the City shall execute and
submit to the State of Florida as co-applicants a grant under the Florida
Boating Impovement Program Grant Program as provided for by
9
agreement with the Florida Fish and Wildlife Conservation Commission.
The City shall be the primary applicant on the Grant Application unless
otherwise mutually agreed to by the City and County. This Grant shall
provide funding for the Harbor Management Plan.
NOTE: The County has been awarded $90,000 for the Boater
Improvement Fund and the City has been re-designated as co-
applicant
4.7 The City and the County shall submit all grant applications jointly until
the Transfer Date.
4.8 The Harbor Management Plan shall be under sole authority of the City on
September 30, 2002, unless extended by mutual agreement of the City and the County.
4.9 Upon termination of the Marina Management Agreement, but no later than
September 30, 2002, i.e., the Transfer Date, the Gounty, shall Transfer ownership of the Property ,
to the,~ity. "L, ',: 1 ..""~, ~" . ,'. ' .. '
'" 4.10 Prior to th~ Tr~sfer Date, the C6imty sh81i wori in Cooperatiori'with the
City to trimsfer ownership oftheenvironmentallysensitlve bay bottom to the State:in.exchange
for ownership rights to the State-owned Bay Bottom, which will ,be utilized for the mooring field
to be installed for long-term boater habitation. , ,,::. ".
4.11 OritheT~sfer Date, the County shall transfer or 'assign ill of its rights to
the Bay Bottom to the City.
.... .
". .~
iL,
NOTE: On this transfer dIlte, all mooring fields and harbor
management facilities located on the aforementioned County
Bay Bottom shall be transferred to the City.
4.12 No later than thirty days prior to the Transfer Date, the parties shall
prepare a Closing Statement. The parties shall mutually agree upon a closing date; however said
closing date shall occur on or prior to September 30, 2002.
5. Tenninationlfenn.
5.1 This Agreement will expire on September 30, 2002, or upon completion of
the Transfers contemplated by this Agreement, whichever shall occur first, unless extended by
other provisions contained herein (the "Termination Date'').
5.2 The parties recognize that both the City and the County are making
significant time and monetary investments in the performance of this Agreement. Accordingly,
10
both parties agree that this Agreement shall not be terminated by either party unless one party is
in default and fails to cure said default pursuant to Section 14 of this Agreement. In the event of
such termination, the non-defaulting party shall provide the defaulting party thirty (30) days
written notice of termination. The non-defaulting party shall be entitled to any and all remedies
afforded by law, including but not limited to, specific performance, injunctive relief, and
monetary damages.
5.3 Prior to the Termination Date, all Transfers of Property, contemplated
herein shall be completed, the City will pay to the County any outstanding payments due the
County under this Agreement and the County will pay to the City any outstanding payments due
the City under this Agreement.
6. Notices.
6.1 All notices hereunder must be in writing and shall be deemed validly
given if sent by certified mail, return receipt requested, hand delivered, or overnight delivery
addressed ,as follows (or any other address that the party,to be notified may have designated to
the sender-by the like notice): " ,',- : , '
- . The County:,
Mr. James Roberts
County Administrator
Monroe County
Public Service Buildiilg, 'Wing II
5100 College Road, Stock Island
Key West, Florida 33040
,j
A copy to:
James Hendrick, Esq.
County Attorney
310 Fleming Street
Key West, Florida 33040
City:
Mr. Craig Wrathell
City Manager
City of Marathon
11090 Overseas Highway
Marathon, Florida 33050
A copy to:
Nina L. Boniske, Esq.
John Herin, Jr., Esq.
City Attorneys
City of Marathon
Weiss Serota Helfman Pastoriza & Guedes, P .A.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
11
6.2 Unless otherwise required by law, any notice sent hereunder shall (subject
to proof of receipt or refusal of same) be deemed to have been delivered on the same day ifhand-
delivered, on the next business day if sent by overnight courier, or on the day of receipt of
refusal, if sent by certified or registered mail.
7. Casualty.
7.1 Prior to the Transfer Date, the entire risk of loss or damage by fire,
hurricane, or other casualty shall be borne and asswned by the County.
7.2 Until the Transfer Date, the County shall keep in effect all insurance
policies relating to the Property which are the subjects of this Agreement.
7.3 If, prior to the Transfer Date, any part of the Property is damaged or
destroyed by fire, hurricane, or other casualty, the C01,1llty shall immediately notify the City of
such fact.
,7.4 Ifsuch damage or destruction is material (as defined below), the City shall
have the option to terminate ,this Agr~ent upon written:notice to the County within 30, days
after receipt of the County's notice. ' )il', ,..
'7.5 "Materi~" is any uninsured damage or destruction to 'the Property (except
that casualty shall not be deemed uninsured solely because all, .or a portiOn, of the. cost of the
casualty is subjected to a deductible) or any insured damage' or destruction (i) where the cost of
replacement is estimated in the City's good faith judgment, to be Fifty Thousand and No/IOO
dollars ($50,000.00) or more for any part of the Property or (ii) where the repair or replacement
is estimated, in the City's good faith judgment, to require more than one hu,ndred twenty (120)
days.
7.6 If the City does not exercise this option to terminate this Agreement, or if
the casualty is not material, the County, on the Transfer Date, shall assign to the City, and the
City will be entitled to receive and keep, all insurance proceeds payable with respect to such
casualty (which shall then be repaired or not at the City's option and cost), plus the County shall
pay over to the City the swn of (a) all insurance proceeds previously paid to the County with
respect to such casualty, (b) an amount equal to the deductible amount with respect to the
insurance, and (c) an amount equal to reasonable attorneys' fees and other expenses incurred by
the City in adjusting the insurance award. In such event, the County will not be obligated to
repair or restore the Property.
7.7 If the City does not elect to terminate this Agreement by reason of any
casualty, the City will have the right to participate in any adjustment of the insurance claim and,
in such event, the City and the County shall cooperate with each other in good faith.
12
8. Amendments.
8.1 The Agreement may be modified only by an agreement in writing
authorized by the City Council and the Board of County Commissioners, Monroe County.
9. Indemnification.
9.1 To the extent allowed by law, each party hereto shall indemnify and save
hannless the other from any and all claims, liability, losses, and causes of action which may arise
out of the other's actions in fulfillment of this Agreement.
10. Outstanding Issues.
10.1 The parties acknowledge that there are pending issues between the parties
pertaining to other municipal and county services (the "Pending Issues") which have not been
resolved by this Agreement.
10.2 The parties agree that by executing this Agreement, each party expressly
,reserves its'right to take any and all actions with respect to ~e:Pending Issues, and neither party
waives any: of itS'rights with regard to th'e Pending Issues.' ,;~. I (
10.3 The parties also agree that this Agreement will not be asserted as an
estoppel, waiver, or in any other manner as a bar to any suit, claim or challenge with ,regard to
the pending issues. ' .
11. Exhibits. The 'Exhibits referred in and attached to this Agreement
are incorporated herein in full by this reference.
12. Law. This Agreement shall be construed in accordance with the laws of the State
of Florida. The venue for any lawsuit arising out of this Agreement shall. be Middle Keys
Division, Monroe County, Florida.
13. Severability. Should any prOVISIOn, paragraph, sentence, word, or phrase
contained in this Agreement be determined by a court of competent jurisdiction to be invalid,
illegal, or otherwise unenforceable under the laws of the State of Florida, such provision,
paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, then shall be deemed severable, and in this Agreement, shall remain
unmodified and in full force and effect.
14. DefaultlRemedies.
14.1 In the event of a failure to perform or a breach of any obligation of this
Agreement by either County or City, which failure or breach is not cured within thirty (30) days
13
of written notice thereof, such action shall constitute a default by the party committing said
default.
14.2 If and when any default of this Agreement occurs, the non-defaulting party
may avail itself of any legal or equitable remedies that may apply, including, but not limited to,
actual damages and specific performance of this Agreement.
14.3 Such remedies may be exercised in the sole discretion of the non-
defaulting party.
14.4 Nothing contained in this Agreement shall limit either party from pursuing
any legal or equitable remedies that may apply.
15. Miscellaneous.
15.1 'No delay or omission in the exercise of any right or remedy accruing to
the City or County upon any breach under this Agreement shall :impair such right to remedy, or
be construed as a waiver of~y such breach. :, C ' , "" : ",," ',.
. "
15.2 Fmther Assurances. County and City each ~greesto CxCcuteimd deliver to
the other such further dOClDllents or instruments as ~ay be reaSonable and neceSsary in furtherance
of the performance 'of the ~ covenants and conditions of this A&feement.This' covenant shall
swvive the Closing. ' ..
15.3, Counterparts. 'This Agreement may be execUted in separate counterparts. It
shall be fully executed when each party whose signature is required has signed at least one
counterpart even though no one counterpart cOntains the signatures of all of the 'parties of.this
A~~ '
15.4 Non-waiver. No waiver by County or City of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by such party. No delay or
omission in the exercise of any right or remedy accruing to Colmty or City upon any breach lmder
this Agreement shall impair such right to remedy or be constIUed as a waiver of any such breach
theretofore or thereafter occurring. The waiver by County or City of any breach of any tenn,
covenant or condition herein stated shall not be deemed to be a waiver of any other breach, or of a
subsequent breach of the same or any other tenn, covenant or condition herein contained.
15.5 Sevcnbility. This Agreement is intended to be performed in accordance
with and only to the extent permitted by applicable law. If any provisions of this Agreement or the
application thereof to any Person or circumstance shall, for any reason and to any extent, be invalid
or unenforceable, but the extent of the invalidity or unenforceability does not destroy the basis of the
bargain between the parties as contained herein, the remainder of this Agreement and the
14
application of such provision to other Persons or circumstances shall not be affected thereby, but
rather shall be enforced to the greatest extent pennitted by law.
15.6 Attorneys' Fees. In the event of any controversy,' claim or dispute between
the parties arising from or relating to this Agreement including, but not limited to, the enforcement
of any indemnity provisions, the prevailing party shall be entitled to recover reasonable costs,
expenses and attorneys' fees including, but not limited to, court costs and other expenses through all
appellate levels.
15.7 Survival. The terms and obligations of this Agreement shall survive the
Transfer and Tennination Date herein.
15.8 Waiver of Trial by Jury. COUNTY AND CITY HEREBY
IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHTS TO TRIAL
BY JURY IN ANY ACTION, SUIT OR COUN1ERCLAIM ARISING IN CONNECTION
WITH, OUT OF, OR. OTIIERWISE. RELATING TO. TInS AGREEMENT AND ANY OTHER
" DOCUMENT OR INSTRUMENT NOW ORHEREAFfER EXECUTED AND DELIVERED IN
,. CONNECTION THEREWITH. ;-.. '
, "
, "
IN WITNESS WHEREOF, the parties hereto have. set tlieir handS and affixed their
respeCtive seal this . : day of , :', . '. 2001. " '
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, a political subdivision of the
State of Florida
ATTEST:D~L.KOLHAGE
By:
By:
Mayor/Chairman
Deputy Clerk
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
County Attorney
IS
APPROVED AS TO FORM
AND LEGAL SUFFCIENCY
By:
City Attorney
CITY OF MARATHON, FLORIDA,
a municipal corporation of the State of
Florida
By:
Robert K. Miller, Mayor
"
16
LAND DESCRIPTION
CRAWL KEY
CITY OF MARATHON
A parcel of land on Crawl Key Number 5, being a portion of Government Lot 3, Section 26,
Township 65 South, Range 33 East, Monroe County, Florida, more particularly described as
follows:
COMMENCING at the intersection of the centerline of U. S. Highway Number 1 with the West
line of Section 35, Township 65 South, Range 33 East;
THENCE North 67004'07" East on said centerline of U.S. Highway Number I, a distance of
1494.57 feet to the intersection with the centerline of Banana Boulevard;
.
THENCE continu~ North 67004'07" East on said centerline of U.S. Highway Number I, a
distance of 697.54 feet to an intersection with the Southerly prolongation of a rock road at Crawl
Key Number 5;
THENCE North 09023'05" West on said prolongation, a distance of 119.32 feet to the
intersection with the Northerly right-of-way line of said U.S. Highway Number I as laid out and
in use;
THENCE South 67004'07" West on said right-of-way line, a distance of 25.72 feet to the
Southwest comer of an Access Easement;
THENCE North 09023'05" West on the West line of said Access Easement, a distance of 566.58
feet to the beginning of a curve concave to the East and from which a radial line bears North
80036' 55" East;
THENCE Northerly on the arc of said curve having a radius 1771.54 feet, a central angle of
11 028'55", an arc distance of 355.01 feet to a point of tangency and the POINT OF
BEGINNING;
THENCE North 87054'10" West, 50.00 feet
THENCE North 02005'50" East, 642.51 feet
THENCE South 87054'10" East, 96.54 feet;
THENCE North 76006'07" East, 241.15 feet
THENCE North 79022'45" East, 226.02 feet;
THENCE North 89042'11" East, 203.40 feet;
THENCE North 79001'13" East, 112.13 feet
THENCE South 47044'40" East, 60.28 feet;
THENCE South 30"19'53" East, 181.15 feet;
THENCE South 16013'51" East, 104.68 feet;
THENCE South 34053'01" West, 140.06 feet;
THENCE South 53009'06" West, 129.24 feet;
THENCE South 63029'04" West, 98.46 feet;
PrcpllCd By:
CALVIN. GIORDANO AND ASSOCIATES. INC.
1 BOO Eller Drive. Suite 600
fort Lauderdale, Rorida 33316
February 14.2001 .
P:\ProjeclS\2000\OOI488 Lepl Dcscriplioo Crawl Key. City of Muathoa\SURVEY\Lcpl Dcscriptions\Crawl Key Marathon Parcel.doc:
Sheet 1 of 4 Sheets
THENCE South 76025'19" West, 200.98 feet;
THENCE South 80035'40" West, 93.37 feet;
THENCE South 65007'44" West, 205.43 feet;
THENCE South 83007'20" West, 166.34 feet to the beginning of a tangent curve concave to the
Southeast;
THENCE Southwesterly on the arc of said curve having a radius of 50.00 feet, through a central
angle of 81001'30", an arc distance of 70.71 feet to a point of Cusp;
THENCE North 02005'50" East, 93.34 feet;
THENCE North 83007'20" East, 201.17 feet;
THENCE North 03013'45" West, 192.55 feet;
THENCE South 86058'08" West, 231.76 feet;
THENCE South 02005'50" West, 309.61 feet to the POINT OF BEGINNING
Said lands lying in the City of Marathon, Monroe County, Florida and containing 493,220 square
feet (11.323 acres) more or less.
NOTES:
1. Not valid without the signature and original embossed seal of a Florida licensed
Professional Surveyor and Mapper.
2. Lands described hereon were not abstracted, by the Surveyor, for ownership, easements,
rights-of-way or other instruments that may appear in the Public Records of Broward
County.
3. Bearings shown hereon are based on an assumed Bearing of North 67004 '07" East on the
centerline of U.S. Highway Number 1 as shown on Florida Department of Transportation
Right-of-Way Map for Section 90040 with an approval date of 3-25-80.
4. The description contained herein and the attached sketch, do not represent a field
Boundary Survey.
Date:
~ -/4- ia:>/
Prepared By:
CALVIN. GIORDANO AND ASSOCIATES. INC,
1800 Eller Drive. Suire 600
Fort Lauderdale, Florida 33316
February 14,2001
P:\Projccts\2000\001488 Legal Dcscripdon Crawl Key. City of Marathon\SURVEY\Lcgal Descriptioas\Crawl Key Marathon Parcel.doc
Sheet 2 of 4 Sheets
SKETCH OF DESCRIPTION
CRAWL KEY NUMBER 5 .
CITY OF MARATHON PARCEL
MONROE COUNTY, FLORIDA
@
SCALE 1" - 100'
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LEGEND:
P8 .. FIELD BOOK AND PAGE
FB/PG = OFFICIAL RECORDS BOOK
PC = POINT OF COMMENCING
ORB = POINT OF BEGINNING
P.O.C. = PLAT BOOK
P.O.B. = PAGE
so. FT. = SOUARE FEET
U.E. · UTILITY EASEMENT
~ = CENTERLINE
PD~_
CLlENT:CITY OF MARATHON
REVISION OWN
00-1488
SHEET 3 OF 4 SHEETS
Calvin, Giordano i Associates, Inc.
Engineers Surveyors Planners
1800 Eller Drive. Sulle 800
Fl. Lauderdale. Florida 33318
954.821.7181 904.921.8807 lax
Certificale of Authorization No. 8191
,-'~!:JEY~'v',\~~~!CH\crawlkey5-sk.dgn 02/15/2001 10:03:43 AM
~
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SCAlE 1" . 100'
SKE TCH Of" DESCRIPTION
CRAWL KEY NUMBER 5
CITY Of" MARATHON PARCEL
....ONROE COUNTY, FLORIDA
N8g.42'11"E
79. O",~"E.
203.40' tot ,'2.'~'
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CI IENT:CITY OF MARATHON
REVISION OWN
PROJECT NO, 00-1488
OA TE FB/PG
\ ";ll[.\\/I Y\ ~;I<I 1'1 i \ II' lVdk. 'y<;,,;~ clqn n:.l / I ~)f:}m 1 I n:O] ~)!) AM
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LEGEND:
PB
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= FIELD BOOK AND PAGE
= OFFICIAL RECORDS BOOK
= POINT OF COMMENCING
= POINT or BiGINNINC
= PL to T UOUK
= PAGE
= saUARl FEET
=UTILITY EASEMENT
= CfNTERL INf
I
I
SHEET 4 OF 4 SHt.E Te.1
C alvin, Giordano & Asso(lJ Il' ~, Irh
------.----..-- -----,_._._._~..__._--~._.... .-.
Engineers Surveyors Planners
1600 Eller Driv~, SUIte tWO
Fl. Lau'derdale. floridls 33a1t.l
954.921.7181 9549~1 8807 f6)(
Cerlificale of AulhorlZatlon No, 1)'191
LAND DESCRIPTION
CRAWL KEY
ACCESS EASEMENT
~ ," ...., ""'.
A parcel of land on Crawl Key Number 5, being a po' tti~ ofG6Vemrft~t,fE6i'll "Section 3S
' "
Township 65 South, Range 33 East and a portion of Government LOt 3, Section 26, Township 65
South, Range 33 East, Monr~ County, Florida, more particularly described as' fonows~'
COMMENCING at the intersection of the 'centerline of U. S. Highway Number 1 with the West
line of Section 35, Township 65 South, Range 33 East;
THENCE North 67004'07" East on said centerline of U.S. High~a)' l'fU.ll1~{il'~ di'stance of
1494.57 feet to the intersection with the centerline of Banana Boulevard; '"
THENCE continue North 67004'07" East on said centerline 9f U.~. High~ay Number I, a
distance of 697.54 feet to an intersection with the Southerly prQIQngationof a rock road at Crawl
Key Number 5;
..' : ',." .
THENCE North' 09023'05" West on said prolongation, a distance of 119.32 feet to the
intersection with the Northerly right-of-way line of said U.S. Highway Number 1 as laid out and
" ." , t'"
in use; ., ,'.'" , ' ' ,',
THENCE South 67004'07" West on said right-of-way line, a distance of 25.72-fcettcthe POINT
OF BEGINNING;
THENCE North 09023'05" West a distance of 566.58 feet to the beginning of a'curve concave to
the East and from which a radial line bears North 80036'55" East;
"':. ....,.r ~-~,:\,,:,...,~;. .... .i... " .
THENCE Northerly on the arc of said curve having, a radius i 77.LS4 "feeto' Ii, ccntt:ai angle of
11028' 55", an arc distan~e of 355.01 feet to a point of tangency;
THENCE North 02005'50" East, a distance of 99.33 f~t;
i ~ ,.#",.:: '.' \.'; '. 'l....~ ;
THENCE North 83007'20" East a distance of 50.62 feet;
THENCE South 02005'50" West a distance of 107.23 feet to the beginning of,a~u!"e concave to
the East and from which a radial line bears South 87054'IO"East;,. ". ,0,
THENCE Southerly on the arc of said curve having a radius of 1721.54 feet~'a central angle of
11028' 55", an arc distance of 344.99 feet to a point of tangency;
THENCE South 09023'05" East a distance of 554.54 feet to the intersection with said Northerly
right-of-way line of U.S. Highway Number I;
THENCE South 67004'07" West on said right-of-way Hrie, a distariee.llf '1:43 feet to the POINT
OF BEGINNING;
Said lands lying in the City of Marathon, Monroe County, Florida and~ontaining 50692 square
feet (1.1637 acres) more or less.
NOTES:
- I I ~ .., ~ .
1. Not valid without the signature and original embossed, seal of,a Florida'licensed
Professional Surveyor and Mapper.
, ' ,
2., Lands described hereon were Dot absiracted, by the Surveyor, for ownership, casements,
rights-of-way or other instruments that may appear in the Public Records of Broward
County.
PIqlued By:
CALVIN. GIORDANO AND ASSOCIATES,INC.
1100 Eller Drive. Suite 600
Port Lauderdale, Florida 33316 , ',;::,"', ,',,"',: I. ' .
Febnwy 14. 2001 '
P:\ProjcclS\2000\001411 Lcpl Descripdoo Crawl Key. City of Maratboo\SURVB\'\LepI Dcac:ripdCllllOawl Key Accca &lIII.doc
Sheet 1 of 3 Sheets
. . ....,.It ..~.:...,~..
, . .', . ... "~ :" t ,< . . :.1 : , ".~ , .
.......' '.:.' 1~' ~'I~-'~,; .:; ~:'~.'.I...- it..t~
3. Bearings shown hereon are based on an assumed Bearing of North ()7004 '07'!.Bast on the
centerline of U.S. Highway Number 1 as shown on Florida Department of Transportation
Right-of-Way Map for Section 90040 with an approval date of 3-25-80.
. ". ~ ,:.. ',' "~
~ -14.. Zl:o{
I.;. ..!',.' ,'.... ,
, ~', t.
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I: .
Prepared By: ,
CALVlN. GIORDANO AND ASSOCIATES, INC.
1100 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
~;::.:~~~1411 Lep1 DcscripIioa Crawl ~. City 01 M....tboIl\SURVEY\LcpI DcacripliOlll\Crawl Key Ac:c:ca SImI.doc
. Sheet 2 of 3 Sheets
SKETCH OF DESCRIPTION
CRAWL KEY NO.5
CITY OF MARATHON, MONROE COUNTY, FLOR
ACCESS EASEMENT
SCALE 1.- 200'
8
LEGEND:
L - ARC LINfnH
CA - CEN1RAL",
~:~ : = J CClMttIENCENENT
R - RADIUS DISTANCE
so.n. - SQUARE F'EET
~ - CEN1ERI.K
La. - UCENSE BUSINESS
CA-l1 "2a'55.
L-355.01'
R-1n1.54'
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Section 26-65-33
Section 35-85-33
CLIENT: CITY OF MARATHON
REVISICN D\JN
PROJECT NO. 00-1488
DA TE F'B/PG
~
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GJ
CRAWl KEY NO.5
TRAINING FAClUTY
MONROE COUNTY
N83<Qi20-E, 5 .62'
.-----.-.
.~ I"t' :
S02"05'50.W, 107.23'
CA-11"28'55-
L-344.9S' c:....
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SHEET 3 I
Calvin, Giordano , As:
Ensineen Surveyors I
,. 1&00 Eller Dri.e, Suite
ft. Lauderclale, "orida :
854.921.7781 864.921.880
Certificate of Authorizat
. --~ .----, ......,..,." ,...... HI" 'l"""~1 n!:"~"l:!IDTJr!!\! rpl\WI I(!-"'V - (",TV nl=' ~A_ARATHnN'c;"R\!Fv\C;KF'TrH\rRA\
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