11/18/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
November 25, 2009
TO:
Sheryl Graham, Director
Social Services Division
Pamela G. Hanc~.
FROM:
At the November 18,2009, Board of County Commissioner's meeting the Board granted
approval anel authorized execution of an Interlocal Agreement between Monroe County and the
City of Key West which provides for the swapping of cemetery vaults between the City and the
County. This Agreement allows the County to have 32 vaults to hold indigent remains, and the
City to have 25 vaults for the use of its citizens. This is a swap and is without cost to either the
City or the C~ounty.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any qUf~stions please do not hesitate to contact this office.
cc: County Attorney
Finarlce
File
INTERLOCAL AGREEMENT
THIS INTER LOCAL AGREEMENT is entered into as of this ) p::Kday of
HtJUlfJLiJiA- , 2009, between Monroe County, a political subdivision of the State of
Florida (hereinafter, the COUNTY) and the City of Key West, a municipal corporation organized
and existing under the laws of the State of Florida (hereinafter, the CITY).
WITNESSETH:
WHEREAS, the CITY owns, operates, and maintains a cemetery for the residents of the
City of Key West (hereinafter the CEMETERY); and
WHEREAS, the CITY has permitted the COUNTY to place human remains of
unidentified persons and known indigent persons in cemetery vaults located in the CEMETERY
and owned by the CITY; and
WHEREAS, the COUNTY has acquired ownership of cemetery vaults in the
CEMETERY which are presently empty; and
WHEREAS, the CITY and COUNTY wish to avoid the expense and inconvenience of
relocating the human remains from the CITY'S cemetery vaults to the COUNTY'S cemetery
vaults.
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:'
1. The CITY is the record title owner of the following cemetery vaults, located on the
parcels of land bearing parcel ID numbers 00019640-000100 and 00020630-000000, and being
more particlllarly described on Exhibit "A" which cemetery vaults contain human remains of
unidentified persons or known indigent persons, which remains are in the care, custody, and
control of COUNTY:
Pauline Vaults 1 st Addition Section 1, vaults 2A, 18A, ID, 2D, 3D 40, 60, 80, 90,
lID, 12D, 17D, 18D;
Pauline Vaults 1 st Addition Section 2, vaults 19 A, 22A, 29B;
Pauline Vaults 1st Addition Section 3, vaults 16A, 30A, 20B, 2C, 10C, 28C, 9D,
150,200, 25D, 26D, 31D;
Pauline Vaults 2nd Addition Section I, vault 32;
Palm Memorial Gardens Section 2, vaults 105B, 105C;
Palm Memorial Gardens Section 3, vault 128C.
2. The COUNTY is the record title owner of cemetery vatllts 76 through 100, inclusive,
located on the parcel of land bearing parcel ID number 00019640-000000, and being more
particularly described on Exhibit "B", which is attached hereto and incorporated by reference.
3. The CITY herein expressly agrees to convey all its right, title, and interest in and to
the cemetery vaults referred to in paragraph 1 above to the COUNTY.
4. The COUNTY herein expressly agrees to convey all its right, title, and interest in and
to the cemetery vaults referred to in paragraph 2 above to the CITY. The parties hereby
acknowledge that a visual inspection of these vaults by both COUNTY and CITY staff revealed
that, to the best of their knowledge, the vatllts are empty of remains or cremains.
5. Nothing herein shall be construed to prevent CITY or COUNTY from selling,
conveying, or otherwise transferring the subject cemetery vaults.
6. This Agreement shall become effective upon execution by both parties.
7. In the event of any failure of compliance by either party hereto with any of its
material obligations to the other party as provided for herein such action shall constitute a default
under this Agreement. Upon any such default, the non-defaulting party shall provide to the
defaulting party a written Notice of such default, which Notice (a "Default Notice") shall state in
reasonable detail the actions the defaulting party must take to cure the same. The defaulting
party shall cure any such default, within 30 days following the date of the Default Notice.
Notwithstanding the provisions of this Section, if any such default by the defaulting party
remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the
defaulting party's obligations are such that more than 30 days is required to effect cure, then the
defaulting party shall not be in default hereunder and the non-defaulting party shall not have the
right to exercise its termination rights granted herein as a result of any such default, if the
defaulting party commences cure within the applicable cure period and thereafter diligently
pursues cure to completion of performance. In the event the defaulting party fails to affect any
required cure as provided for herein, the defaulting party shall be deemed to be in uncured
default hereunder, and the non-defaulting party shall have the right, but shall not be obligated,
upon written Notice to the defaulting party, to terminate this Agreement. If such Notice is given,
this Agreement shall terminate on the date set forth in the Notice and the parties shall be relieved
of all rights and obligations hereunder, except for any rights and obligations that expressly
survive termination.
8. To the extent permitted by law and subject to the provisions and monetary limitations
of Section 768.28, Florida Statutes, the CITY does hereby agree to defend, indemnify and hold
the COUNTY, its officers or employees, harmless from and against any and all liability,
damages, costs (including reasonable attorneys' fees, and costs at both the trial and appellate levels)
arising from the acts or omissions of the CITY in connection with this Agreement. To the extent
permitted by law and subject to the provisions and monetary limitations of Section 768.28,
Florida Statutes, the COUNTY does hereby agree to defend, indemnify and hold the CITY, its
officers or employees, harmless from and against any and all liability, damages, costs {including
reasonable attorneys' fees, costs at both the trial and appellate levels) arising from the acts or
omissions of the COUNTY in connection with this Agreement.
9. All notices, reqllests, demands, elections, consents, approvals and other communications
hereunder must be in writing and addressed as follows, or to any other address which either party
may designate to the other party by mail:
If to COllnty:
Roman Gastesi, Jr.
County Administrator
Monroe County
Historic Gato Building
1100 Simonton Street
Key West, Florida 33040
With a copy to:
Suzanne Hutton, Esq.
Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
If to City:
J ames Scholl
City Manager
525 Angela Street
Key West, Florida 33040
With a copy to:
Shawn Smith, Esq.
City Attorney
525 Angela Street
Key West, Florida 33040
Any Notice reqllired by this Agreement to be given or made within a specified period of time, or on
or before a date certain, shall be deemed to have been duly given if sent by certified mail, return
receipt requested, postage and fees prepaid; hand delivered; or sent by overnight delivery service.
10. Nothing contained herein shall be construed as waiving either party's regulatory
approval or enforcement rights or obligations as it may relate to regulations of general
applicability, which may govern the Agreement. Nothing herein shall be deemed to create an
affirmative duty of either party to abrogate its sovereign right to exercise its police powers and
governmental powers by approving or disapproving or taking any other action in accordance
with ordinances, rules and regulations, federal laws and regulations and state laws and
regulations.
11. In the event of any litigation arising out of this Agreement, the prevailing party shall
be entitled to recover its attorneys' fees and costs. In the event of any litigation arising out of this
Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its
right to trial by jury.
12. This Agreement shall be construed in accordance with and governed by the laws of
the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in
Monroe County, Florida, Lower Keys Division of the Circuit Court or the Southern District of
Florida. This Agreement is not sllbject to arbitration.
13. This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by either party,
other than those that are expressly set forth herein.
14. No agent, employee, or other representative of either party is empowered to modify
or amend the terms of this Agreement, unless executed with the same formality as this document.
15. This Agreement shall not be assignable by either party unless such assignment is first
approved by both parties.
16. If any term or provision of this Agreement shall to any extent be held invalid or
unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and be enforceable to the fullest
extent permitted by law.
17. The CITY and its employees, volunteers, agents, vendors and subcontractors shall be
and remain independent contractors and not agents or employees of the COUNTY with respect
to all of the acts and services performed by and under the terms of this Agreement. The
COUNTY and its employees, volunteers, agents, vendors and subcontractors shall be and remain
independent contractors and not agents or employees of the CITY with respect to all of the acts
and services performed by and under the terms of this Agreement. This Agreement shall not in
any way be construed to create a partnership, association or any other kind of joint undertaking,
enterprise or venture between the parties.
18. The failure of either party to this Agreement to object to or to take affirmative action
with respect to any conduct of the other which is in violation of the terms of this Agreement shall
not be construed as a waiver of the violation or breach, or of any future violation, breach or
wrongful conduct.
19. Any terms or conditions of either this Agreement that require acts beyond the date of
the term of the Agreement, shall survive termination of the Agreement, shall remain in full force
and effect unless and until the terms or conditions are completed and shall be fully enforceable
by either party.
20. This Agreement may be executed in several counterparts, each of which shall be
deemed an original and such counterparts shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first written above.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
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George Neugent, Monroe County Mayor
(SEAL)
ATTEST: >'PANNY"L. KOLHAGE, CLERK
BY: ~~~. ~.~
Deputy Clerk
ATTEST:
CiuA~
Cheri Smith
City Clerk
(City Seal)
t~~ONROE C()UNTY ATTORtJEY
P~OV[C AS ~RM:
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ASSIST/:',. .'. v ArTORNEY
Date-----'.L... I ~ "", .._
THE CITY OF KEY WEST, FLORIDA
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EXHIBIT "A"
On the Island of Key West and known as Part of Tract 5 according to William A
Whitehead's Map of said Island, delineated in February, AD. 1829, but now
better known as Part of Lot 2, of said Tract 5, according to D. Sweeney's Diagram
of Part of said Tract 5, recorded in Deed Book "M", at Page 395, Public Records
of Monroe County, Florida, being more particularly described as follows:
Commence at the intersection of the Easterly right-of-way line of Windsor
Lane and the Northerly right-of-way line of Pauline Street and run thence Easterly
along the said Northerly right-of-way line of Pauline Street, 89 feet to the point of
beginning of the parcel of land herein described; thence continue Easterly, along
the said Northerly right-of-way line of Pauline Street, 25 feet to a point; thence
Northerly at right angles, 82 feet to a point; thence Westerly at right angles, 25
feet to a point; thence Southerly at right angles, 82 feet back to the point of
beginning.
And Also
On the Island of Key West, and known on William A Whitehead's map of said
Island delineated in February, AD. 1829, as a part of Lot One (1) in Square One
(1), of JOHN LOWE'S SUBDIVION of part of Tract 6, Commencing at a point
011 Frances Street, distance of One Hundred and ninety one (191) feet, and Ten
(10) inches from the comer of Frances and Olivia Street, and running thence
along the said Frances Street, in a N.W.'ly direction Thirty-eight (38) feet; thence
at right angles in a S.W.'ly direction Seventy-eight (78) feet; thence at right
angles in a S.E.'ly direction Thirty-eight (38) feet; thence at right angles in a
N"E. 'ly direction Seventy-eight (78) feet, back to the point of beginning.
EXHIBIT "B"
On the Island of Key West and known as Part of Tract 5 according to William A.
Whitehead's Map of said Island, delineated in February, A.D. 1829, but now
better known as Part of Lot 2, of said Tract 5, according to D. Sweeney's Diagram
of Part of said Tract 5, recorded in Deed Book "M" at Page 395, Public Records
of Monroe County, Florida, being more particularly described as follows:
C~OMMENCE at the intersection of the easterly right-of-way line of Windsor
Lane and the northerly right-of-way line of Pauline Street and run thence easterly
along the said northerly right-of-way line of Pauline Street, 64 feet to the point of
beginning of the parcel of land herein described; thence continue easterly along
the said northerly right-of-way line of Pauline Street, 25 feet to a point; thence
northerly at right angles, 82 feet to a point; thence at right angles 25 feet to a
point; thence at right angles, 82 feet back to the point of beginning.
RESOLUTION NO. 09-279
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AUTHORIZING AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KEY
WEST AND COUNTY OF MONROE REGARDING CEMETERY
VAULTS; PROVIDING FOR AN EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1 : That the attached Interlocal Agreement between
Monroe County and the City Of Key West regarding vaults at the City
Cemetery is approved.
Section 2 : That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this 4th day of November , 2009 .
Authenticated by the presiding officer and Clerk of the
Commission on November 5 , 2009 .
Filed with the Clerk November 5 , 2009 .
C IG A ES, MAYOR
ATT T: -,
CHERYL SMIT CITY CLERK