02/17/2010 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 3,2010
TO:
Christine Hurley, Director
Growth Managelnent Division
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A TTN:
Mayra Tezanos
Executive Assistant
FROM:
Isabel C. DeSantis, D. C.
At the February 17, 2010, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of the following:
Interlocal Agreement between Monroe County and the City of Marathon providing for
coordination and participation in the Florida Fish and Wildlife Conservation Commission Pilot
Program for anchoring and mooring.
Interlocal Agreement between Monroe County and the City of Key West providing for
coordination and participation in the Florida Fish and Wildlife Conservation Commission Pilot
Program for anchoring and mooring.
First Amendment to the Lease Agreement between Monroe County and Habitat for
Humanity of Key West and the Lower Keys, Inc. to extend the term of 1 00 years and eliminate
the annual $10.00 rent in order to comply with Florida Statute Sec. 196. I 99(2)(b ) to carry out the
original intent of the parties in regard to the property tax liability of the Lessee in order for the
building to be taxed as real property instead of tangible property for real estate located at 5530
3rd Avenue, Stock Island (RE#00126970-000000).
First Amendment to the Occupancy and Ground Lease Agreement between Monroe
County and Habitat for Humanity of Key West and the Lower Keys, Inc. to extend the term of
100 years and eliminate the annual $10.00 rent in order to comply with Florida Statute Sec.
I 96-199(2)(b ) to carry out the original intent of the parties in regard to the property tax liability
of the unit owners and to benefit the unit owners by allowing a homestead exemption and all
other exemptions allowed by law, and allowing the dwelling units to be taxed as real property
instead of tangible property for real estate located at Emerald Drive, Sapphire Drive and U.S. I
(RE#OOI56320-000000).
Enclosed are two fully executed duplicate originals of each document above for your
handling. Should you have any questions please do not hesitate to contact my office.
cc: County Attorney
Finance
File
INTERLOCAL AGREEMENT
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THIS INTERLOCAL AGREEMENT (Agreement) is entered into as of this k day of
2010, between Monroe County, a political subdivision of the State of Florida
{COUNTY nd the City of Key West, a municipal corporation organized and existing under the
laws of the State of Florida (CITY).
WITNESSETH:
WHEREAS, in 2009 Florida Statute Sec. 327.4105 directed the Florida Fish and
Wildlife Conservation Commission (FWC) to establish a Mooring Field Pilot Program (Pilot
Program) to explore options for regulating the anchoring or mooring of non-liveaboard vessels
outside of legally permitted mooring fields and select two locations off the east coast of the state,
two locations off the west coast of the state, and one location within Monroe County to
participate in the Pilot Program; and
WHEREAS, the FWC subsequently solicited the COUNTY to participate in the Pilot
Program, indicating that the goals of the program are to explore regttlatory options that promote
public access, enhance navigational safety, protect maritime infrastructure, protect the marine
environment, and deter improperly stored, abandoned or derelict vessels; and
WHEREAS, the COUNTY, recognizing the public benefit of addressing impacts
associated with the anchoring of vessels anchored or moored outside of established mooring
fields, responded with a Letter of Interest to the FWC to participate in the Pilot Program in
partnership with the CITY; and
WHEREAS, the CITY, recognizing the public benefit of addressing impacts associated
with the anchoring of vessels anchored or moored outside of the CITY owned and operated
mooring field located in Garrison Bight, has indicated its desire to partner with the COUNTY in
the Pilot Program;
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:
Section 1. Benefit of Participation in Pilot Program.
1.1 The COUNTY and CITY recognize the importance of the Pilot Program in
providing local authority for both parties to develop regulatory options to
address the anchoring or mooring of non-liveaboard vessels outside of
established mooring fields.
1.2 Participating and partnering in the Pilot Program will be mutually beneficial
to the COUNTY and the CITY by providing the public benefit of promoting
public access, protecting the marine environment, and deterring improperly
stored, abandoned or derelict vessels.
Section 2. General Coordination
2.1 The COUNTY will act as liaison between the CITY and the FWC.
2.2 The COUNTY and CITY will work cooperatively to fulfill the requirements
and objectives of the Pilot Program.
2.3 The COUNTY and CITY will coordinate prior to the start of the Pilot
Program and throughout the Pilot Program to ensure uniformity and
consistency in the data collection and documentation processes, and to meet
the timelines established by the Pilot Program (Exhibits A and B).
Section 3. CITY's Responsibilities.
3.1 The CITY will complete the Anchoring and Pilot Program Questionnaire and
provide it to the COUNTY for submission to the FWC in accordance with
the established timelines (Exhibit A).
3.2 The CITY will complete the required survey forms for vessels moored within
the Garrison Bight mooring field (Exhibit B, Survey I) each month for twelve
months starting no later than March 1, 2010. The survey forms will be
provided to the COUNTY each month for submission to FWC in accordance
with the established timelines (Exhibit B).
3.3 The CITY will develop regulatory options, as it sees fit, to address issues
related to anchoring and mooring activity outside of the CITY's Garrison
Bight mooring field in coordination with the COUNTY.
Section 4. COUNTY's Responsibilities.
4.1 The COUNTY will complete the required survey forms (Exhibit B, Survey J)
for vessels anchored or moored up to one mile outside the Garrison Bight
mooring field each month for twelve months starting no later than March 1,
2010.
4.2 The COUNTY will submit all FWC required documentation, including
surveys and questionnaires, to FWC according to the established timelines
(Exhibits A and B).
4.3 The COUNTY will provide limited technical staff support to the CITY as
necessary to ensure the proper completion of surveys and questionnaires, and
the development of regulatory options to benefit the CITY and COUNTY.
Section 5. Term.
5.1 This Agreement shall become effective upon execution by both parties and
shall expire on July 1, 2014, concurrently with the expiration of the Pilot
Program.
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Section 6. Termination and Default.
6.1 This agreement may be terminated by either party upon thirty (30) days
notice to the other party.
Section 7. Indemnification and Non-Waiver of Immunity.
7.1 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, agents, or
employees, harmless from and against any and all liability, damages, costs or
expenses (including reasonable attorneys' fees, costs, and expenses 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, agents, or employees, harmless from and against any and
all liability, damages, costs or expenses (including reasonable attorneys' fees,
costs, and expenses at both the trial and appellate levels) arising from the acts or
omissions of the COUNTY in connection with this Agreement. This provision
shall survive the expiration or earlier termination of this Agreement
7.2 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the Parties in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered
into by a party be required to contain any provision for waiver.
Section 8. Notices.
8.1 All notices, requests, 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 County:
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 Attorneys Office
P.O. Box 1026
Key West, Florida 33041-1026
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If to City:
J ames Scholl
City Manager
City of Key West
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 required 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.
Section 9. Regulatory Powers.
9.1 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.
9.2 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.
Section 10. Attorneys Fees and Waiver of Jury Trial.
10.1 In the event of any litigation arising out of this Agreement, the prevailing
party shall be entitled to recover its attorneys' fees and costs, including the
fees and expenses of any paralegals, law clerks and legal assistants, and
including fees and expenses charged for representation at both the trial and
appellate levels.
10.2 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.
Section 11. Governing Law.
11.1 This Agreement shall be construed in accordance with and governed by the
laws of the State of Florida. Exclusive venue for any litigation or mediation
arising out of this Agreement shall be in the 16th Judicial Circuit in and for
Monroe County, Florida. This Agreement is not subject to arbitration.
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Section 12. Entire Agreement/Modificationl Amendment.
12.1 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.
12.2 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.
Section 13. Access to Records and Audits.
13.1 CITY shall keep such records as are necessary to document the performance
of the Agreement and expenses as incurred, and give access to these records
at the request of COUNTY, the State of Florida, the Federal Government, or
authorized agents and representatives of said government bodies. CITY
shall also provide access to the personal property reports, permits, and
equipment purchased or lltilized under this Agreement. It is the responsibility
of CITY to maintain appropriate records in accordance with generally
accepted accounting principles consistently applied to insure a proper
accounting of all funds and expenditures. Records shall be kept for a period
of five (5) years following execution of this Agreement. The COUNTY and
CITY shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the COUNTY and CITY in conjunction with this Agreement;
and the COUNTY shall have the right to llnilaterally cancel this Agreement
upon violation of this provision by CITY.
13.2 The COUNTY may cancel this Agreement for refusal by the CITY, or the
CITY's subcontractor, to allow access by the County Administrator or his
designee to any Records pertaining to work performed under this
Agreement that are subject to the provisions of Chapter 119, Florida
Statutes.
13.3 The term Records shall refer to any documents, books, data (electronic or
hard copy), papers and financial records that result from the CITY or its
subcontractors performance of the Services provided in this Agreement.
Section 14. Nonassignability.
14.1 This Agreement shall not be assignable by either party unless such
assignment is first approved by both parties.
Section 15. Severability.
15.1 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
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thereby, and each remaining term and provision of this Agreement shall be
valid and be enforceable to the fullest extent permitted by law.
Section 16. Independent Contractor.
16.1 The CITY and its employees, volunteers, agents, vendors and subcontractors
shall be and remain independent contractor 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. 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.
Section 17. Waiver.
17.1 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.
Section 18. Survival of Provisions.
18.1 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.
Section 19. Counterparts.
19.1 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.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
SIGNATURE PAGE TO FOLLOW
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement below.
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
BY:
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY~'~
Deputy Clerk
Mayor/Chairperson
APPROVED AS TO FORM AND
LEGAL SUFFICIENCX-_.
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BY:~?n .~J
Assistant Counti ttorney
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THE CITY OF KEY WEST, FLORIDA
BY: ,~.~
Craig Cates, Mayor
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