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11/20/2012 AgreementDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: December 4, 2012 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Director Public Works Division FROM: Pamela G. Hanc ckk.0 At the November 20, 2012, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item F26 Wastewater Connection Agreement with the City of Marathon for County properties located within the City of Marathon Enclosed are five duplicate originals of the above - mentioned for your handling. Once the City of Marathon has signed, please return two fully executed originals for the Clerk and the Finance Division. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File CITY OF MARATHON, FLORIDA 9805 Overseas Highway, Marathon, Florida 33050 Phone: (305) 289 -4100 Fax: (305) 289 -4123 www.ci.marathon.fl.us December 07, 2012 Beth Leto Monroe County Public Works 1100 Simonton Street, Room 2 -231 Key West, FL 33040 Re: Wastewater Connection Agreement between City of Marathon and Monroe County for County properties located with the City of Marathon. Dear Beth: Enclosed, please find two originals of the above referenced agreement. If you have any questions, please contact Zully Hemeyer at 305- 289 -5009. i t City Clerk Department City of Marathon 9805 Overseas Highway Marathon, FL 33050 M WASTEWATER CONNECTION AGREEMENT THIS AGREEMENT made and entered this 20th day of November, 2012 by and between the City of Marathon, Florida ( "City "), a Florida municipal corporation, and Monroe County, Board Of County Commissioners ("Owner or Lessee "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040. WITNESSETH WHEREAS, the City owns, operates, and manages a wastewater utility; and WHEREAS, the City has adopted a set of policies and procedures to enforce mandatory wastewater connections in accordance with Chapter 99 -395, Laws of Florida and Chapter 34 of the Marathon Code; and WHEREAS, on or about August 10, 2010, the City has sent the statutorily required notice informing all affected properties that the City's wastewater system is available and that connection is required within 360 days; and WHEREAS, Owner or Lessee desires to connect to the City's wastewater system and has elected to finance the costs of connection as a charge as delineated in paragraph 3(B) paid directly to the City of Marathon. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties hereto agree as follows: 1. RECORD OWNER. Owner or Lessee represents that he, she or it is a long term lessee, or vested with fee simple title of record to the Properties with tax parcel identification numbers as shown on Exhibit A. The Properties listed in Exhibit A are the subject of this Agreement. Owner or Lessee represents and wan-ants that it has full authority to enter into and sign this Agreement. 2. CONNECTION AND CONNECTION COSTS. (A) Owner or Lessee agrees to undertake the decommissioning of Owner or Lessee's septic systems (if applicable) and to connect to the City's wastewater system no later than 30 days after receiving the 30 day notice of availability. If applicable, the decommissioning and conversion will be in accordance with applicable State of Florida regulations. (B) Owner or Lessee is responsible for payment of applicable City Connection Costs, as provided below, and shall pay for monthly wastewater service pursuant to the City's duly adopted rates. (C) The total Connection Costs for the Properties described herein is $394,856.50, and the payment options are outlined in Paragraph 3B of this Agreement. Page 1 of 5 w 3. CONNECTION COSTS AND WASTEWATER UTILITY PROGRAM AS ANNUAL CHARGES. (A) The Owner or Lessee hereby consents and requests to have the Connection Costs, and its proportionate costs related to the administration and collection of the City's wastewater utility program paid in accordance with the selected payment option in paragraph B. The costs related to the administration and collection of the wastewater utility program, include, but are not limited to: (1) costs related to the annual implementation and administration of the assessment program; and (2) all other costs and expenses reasonably related to the wastewater utility program (collectively the "Wastewater Utility Program Costs "). (B) The Connection Costs, Connection Cost Overages, Wastewater Utility Program Costs, plus accrued interest and penalties, if any, shall be collected as a charge paid by the Owner or Lessee as indicated below until the total Connection Costs, Wastewater Utility Program Costs, plus accrued interest and penalties, if any, have been paid to the City in full: The total amount to be paid by the Owner or Lessee to the City shall be $394,856.50. The Owner or Lessee agrees the payment of $394,856.50 shall be made on or before December 31, 2012, or 6% annual interest will be applicable to any unpaid balance. The starting date of any such interest is November 1, 2012. (C) The Property will be specially benefited by the provision of wastewater service by the City. The provision of wastewater collection and treatment services will enhance the utilization and enjoyment of the Property by providing: (1) access to wastewater collection and treatment facilities to the Owner or Lessee and occupants of property for the proper, safe, and cost effective treatment and disposal of wastewater generated on such property, which improves the utilization, marketability and development potential of said properties; (2) better, consistent and environmentally compliant service to Owner or Lessee and occupants; (3) the enhancement of environmentally responsible use and enjoyment of property, and (4) the protection of property values and the health and safety of the Owner or Lessee and occupants of property. (D) The special benefits to be provided to the Property by the provision of wastewater services bear a logical relationship to the methods used to calculate and apportion the Connection Costs. The wastewater utility program provides an equitable method of funding the Connection Costs, which costs are fair and reasonable and in proportion to the special benefits received by the Property. (E) Any changes to the use of the property after the date of the execution of this Agreement requiring wastewater system capacity in excess of the EDU's covered by this Agreement will result in an adjustment in the wastewater system assessment against the Property. (F) The terms, conditions, and assumptions of the wastewater utility program, which are contained in the Initial Assessment Resolution adopted by the City, including but not limited to: (1) assignment of Connections and EDUs to the Property; (2) assignment of the Connection Costs to the Property; (3) computation of the assessment amounts; and (4) reallocation of the Page 2 of 5 annual assessments upon subdivision of the Property are fair and reasonable and in proportion to the special benefits to be provided to the Property. (G) The Owner or Lessee recognizes that installments of the wastewater utility program are an integral component of the utility service provided to the Owner or Lessee's Property by the City. (H) In the event of non - payment of the Connection Costs, Connection Cost Overages, Wastewater Utility Program Costs, plus accrued interest and penalties, if any, the City shall have the right to collect any and all amounts due in accordance with the City's established utility billing practices; including the cessation of all utility services, or to initiate a mandamus or other appropriate action to compel payment. All costs, fees, and expenses, including reasonable attorney's fees and title search expenses, related to any mandamus or other action as described herein, shall be included in any judgment or decree rendered therein and the Owner or Lessee shall be liable for all such costs incurred by the City and the same shall be collectible as a part of or in addition to, the costs of the action. (1) OWNER OR LESSEE'S OBLIGATION TO PAY UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. OWNER OR LESSEE'S FAILURE TO PAY UNDER THIS AGREEMENT, HOWEVER, SHALL ENTITLE THE CITY TO IMMEDIATELY CEASE ALL WASTEWATER UTILITY SERVICES TO THE PROPERTY. 4. ENTIRE AGREEMENT. (A) This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions of the parties, whether oral or written, and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof, except as specifically set forth herein. (B) No amendment, supplement, modification, or waiver of this Agreement shall be binding unless executed in writing by both parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision of this Agreement, whether or not similar, unless otherwise expressly provided. 5. BINDING EFFECT. This Agreement shall be recorded in the Public Records of Monroe County and, to the extent provided herein, shall be binding upon the City, Owner or Lessee and the Owner or Lessee's successors in interest to the Property. 6. CONSTRUCTION. (A) This Agreement shall not be construed against any party based on it being the drafter of the Agreement. The parties agree that the parties herein played an equal part in reciprocity in drafting this Agreement. Page 3 of 5 (B) Capitalized terms contained herein shall have no more force or effect than uncapitalized terms. (C) Captions and section headings in this Agreement are provided for convenience only and shall not be deemed to explain, modify, amplify, or aid in the interpretation, construction, or meaning of this Agreement. (D) There are no third party beneficiaries to this Agreement. This Agreement is entered into exclusively for the benefit of the parties herein. (E) It is understood by the parties that this Agreement is a unified Agreement and if any provision hereof or application thereof to any person shall be held invalid or unenforceable, such holding shall invalidate and render unenforceable all other provisions hereof. 7. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 8. JURISDICTION AND VENUE. The parties to this Agreement expressly consent to the jurisdiction of and agree to suit in any court of general jurisdiction in the State, whether state, local or federal, and further agrees that venue shall lie in Monroe County, Florida. 9. RECORDING. This Agreement shall be recorded, at Owner or Lessee's expense in the Public Records of Monroe County, Florida. THIS AGREEMENT SHALL BE RECORDED IN THE PUBLIC RECORDS OF MONROE COUNTY, FLORIDA. THE ACKNOWLEDGMENTS CONTAINED HEREIN SHALL RUN WITH THE PROPERTY AND SHALL BE BINDING ON THE OWNER OR LESSEE AND ON ALL PERSONS (INCLUDING CORPORATIONS, ASSOCIATIONS, TRUSTS, AND OTHER LEGAL ENTITIES) TAKING TITLE TO, OR POSSESSION OF ALL OR ANY PART OF THE PROPERTY, AND THEIR SUCCESSORS IN INTEREST. BY TAKING TITLE OR POSSESION SUCH PERSONS SHALL BE DEEMED TO HAVE CONSENTED AND AGREED TO THE PROVISIONS OF THIS AGREEMENT TO THE SAME EXTENT AS IF THEY HAD EXECUTED IT AND BY TAKING SUCH TITLE OR POSSESION SUCH PERSONS SHALL BE ESTOPPED FROM CONTESTING, IN COURT OR OTHERWISE, THE VALIDITY, LEGALITY, AND ENFORCEABILITY OF THIS AGREEMENT OR THE COLLECTION COSTS. Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first above written. CITY OF MARATHON, FLORIDA ►y 1 oger eft tadt, tity Manager ATTEST: City Clerk APPROVED TO ORM AND L GALITY FOR THE USE AND REL THE CITY O MARATHON, FLORIDA ONLY: • • City Atto z ` -n C- �a r=- -� r - v rrn c ° C4 o —4 w •• o cn ° MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Y AW , 1 Print Name George R. Neugent Attest: Amy Heavilin, Clerk Ad Interim By D.C. Its: Mayor /Chairman 11/20/2012 WITNESSES: Print Name: Print Name: 1824190\ 12 - N 1 8544 0 Page 5 of 5 CITY OF MARATHON WASTEWATER ASSESSMENT MONROE COUNTY NO PARCEL DESCRIPTION ADDRESS EDUS CONNECTION AMOUNT 1 0099540 - 000000 Medical Examiner/Fire Training 55639 Overseas highway/ 4.4 $ 20,596.40 S 168,516.00 0.5 $ 524.50 2 0099540 - 000000 Monroe Fire Training Center 8! 55633 Oversesas Hwy 22 $ 10,298.20 Monroe Fire Shower Facility 55633 Oversesas Hwy TBD 0.5 $ 524.50 3 00103360 -000000 Department of Health 3333 Overseas Highway 1 $ 4,681.00 1 $ 1,049.00 1 $ 1049.00 4 00339920-000000 Monroe County Government Annex 490 63rd Street 25 $ 11,70250 1 S 1049.00 5 00101940 -000000 Monroe County Government Center 2798 Overseas Highway 5.6 S 26,213.60 0.5 S 524.50 Monroe County Leased Habitat for 6 00330210 -000000 Humanity Housing 8050 Bonito Drive 1 $ 4,681.00 Maude County Leased Habitat for 7 00343090 -000000 Humanity Housing 1005 W 75th Shed Ocean 1 $ 4,681.00 1 $ 1049.00 Monroe County Leased Habitat for 8 00343090 -000000 Humanity Housing 1007 W 75th Shed Ocean 1 $ 4,681.00 9 00102310 - 000000 Clerk of Circuit Court/ 3117 Overseas Highway 4.1 S 19,19210 Tax Collector 0.5 $ 524.50 10 001033504000000 Marathon 1ai1 3981 Ocean Tern 36 S 168,516.00 1 S 1,049.00 11 00102310 -000000 Marathon Library 3251 Overseas Highway 3.1 $ 14,511.10 1 $ 1,049.00 11 00102310 -000000 Senior Center 33rd Street (no specific addr) 1.5 $ 7,021.50 1 $ 1,049.00 12 00102310 -000000 Sherif Fs Office 3103 Overseas Highway 18.6 S 87,066.60 0.5 S 574.50 TOTAL AMOUNT DUE: $ 394,856.50 10/26/2012