03/23/1984 A G R E E M E N T
THIS AGREEMENT made this a3,4 day of (1A4LC.% , 1984,
by and between the County of Monroe, State of Florida, a
political subdivision of the State of Florida (hereinafter
referred to as COUNTY) and Duck Key Property Owners Association,
Inc., a Florida Corporation (hereinafter referred to as
D.K.P.O.A.).
WITNESSETH:
WHEREAS, the COUNTY has both the power and the duty to
enforce Monroe County Code Section 8 -30, which is entitled
"Premises To Be Cleaned Of Debris And Noxious Materials ", and
WHEREAS, said Ordinance requires that lands in subdivisions
and outside of subdivisions including vacant lands and /or
improved property with residences thereon within the
unincorporated areas of the County be cleared of debris and any
noxious material, and
WHEREAS, said clearing is to occur no less than once every
three (3) months as follows: Once during the period from
January 1st through March 31st; once during the period from
April 1st through June 30th; once during the period from July 1st
through September 30th; and once during the period from October
1st through December 31st, and
WHEREAS, said Ordinance dictates that the Director of the
Municipal Service District is required to make written demand on
such property owners that are in violation of this Ordinance by
United States mail, return receipt requested, directed to that
property owner's address as shown on the current tax rolls of the
County directing that said property be cleared in accordance with
the provisions of the applicable section of that ordinance, and
if such demand is not complied with within thirty (30) days from
the date thereof, the land described in such demand will be
cleared and /or mowed by the Municipal Service District and the
costs thereof will constitute a lien on said land, and
♦ i
WHEREAS, D.K.P.O.A. believes it is in the best interests of
owners of property located on all of the islands composing what
is commonly referred to as Duck Key, which is an unincorporated
area of the County, to aid the COUNTY in enforcing this
Ordinance, and
WHEREAS, the COUNTY and D.K.P.O.A. realize that the COUNTY
may not have the manpower or sufficient funds necessary to
properly enforce this Ordinance, and
WHEREAS, the COUNTY and D.K.P.O.A. believe that it is in the
best interests for the health, safety and general welfare of the
residents of Duck Key and of the County that this Ordinance be
enforced.
NOW, THEREFORE, in consideration of the mutual covenants,
promises and premises contained herein, the parties agree as
follows:
1. That D.K.P.O.A. will notify the Director of Municipal
Service District of property owners who in its opinion are in
violation of this Ordinance.
2. That upon verification of said violation by the
Director, he shall cause to be sent to said property owner the
notice as required in Monroe County Code 8- 30(c).
3. That upon the failure of the landowner to thereafter
clear or mow said property within said thirty (30) day period,
the COUNTY shall notify D.K.P.O.A. of said failure, and authorize
D.K.P.O.A. as Contractor for the District to enter upon such land
and clear and /or mow same.
4. That thereafter D.K.P.O.A., as Contractor of the
District, shall cause to have said real property cleared or mowed
and shall thereafter invoice the COUNTY for the reasonable costs
of same.
5. Upon approval of said invoice by the Director of the
District, the COUNTY shall thereafter cause to have a lien filed
against said property pursuant to Monroe County Code Section 8 -30
and shall further invoice said property owner for the amount
necessary to at a minimum cover the amount of the invoice from
D.K.P.O.A.
6. That at such time that the COUNTY collects funds to pay
said invoice or to satisfy the lien, as the case may be, the
COUNTY will thereafter forward to D.K.P.O.A. the amount of its
approved invoice. It is expressly understood that the COUNTY
will be under no obligation to D.K.P.O.A. to pay said invoice
until funds are collected from the property owner to pay said
invoice or to satisfy the lien.
7. The period of this Agreement shall be from the 23 day
of \CA k- , 1984, until written notice is given by either
party to Agreement that they wish same to be terminated.
All work previously done by D.K.P.O.A. as a result of this
Agreement shall be paid for by the COUNTY at such time as they
receive the funds as aforesaid.
8. In the event any covenant, condition or provisions
herein contained is held to be invalid by any court of competent
jurisdiction, the invalidity of any such covenant, condition or
provision shall in no way affect any other covenant, condition or
provision herein contained; provided that the invalidity of such
covenant, condition or provision does not materially prejudice
either party hereto in its respective rights and obligations
contained in the valid covenants, conditions or provisions of
this Agreement.
r
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective officials the day
and year first above written.
COUNTY OF MONROE
STATE OF FLORIDA
1
1/ BY ;K
yor & Chairman of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
Attest:
DANNY L. KOLHAGE, Clerk
Cl 0 .
k
DUCK KEY PROPERTY OWNERS
ASSOCIATION, INC.
By
President
(SEAL)
Attest:
`cretary
AP ,.VEDAS TO FORM
A GAL SUFFICEE •
By
Attorney's Office