08/17/2017 AgreementINTERLOCAL AGREEMENT BETWEEN
MONROE COUNTY AND
CITY OF MARATHON
AIRPORT ZONING REGULATIONS
THIS INTERLOCAL AGREEMENT is made and entered into by MONROE COUNTY, a
political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West,
FL, 33040, ( "COUNTY "), and the CITY OF MARATHON, a municipal corporation of the State
of Florida, whose address is 9805 Overseas Highway, Marathon, Florida 33050 (the "CITY ").
WHEREAS, the County is the owner and operator of the Florida Keys Marathon
International Airport (hereafter MTH); and
WHEREAS, the County and the City constitute "political subdivisions" pursuant to chapter
333 of the Florida Statutes with respect to the adoption and enforcement of airport zoning
regulations under the provisions of that chapter; and
WHEREAS, certain activities and uses of land in the immediate vicinity of airports as
enumerated in s. 333.03(2), F.S., are not compatible with normal airport operations, and may, if
not regulated also endanger the lives of the participants, adversely affect their health, or otherwise
limit the accomplishment of normal activities; and
WHEREAS, some airport hazards areas appertaining to MTH are located wholly or partly
in the territorial limits of the City, while other such areas are located wholly or partly within the
territorial limit of MTH; and
WHEREAS, heretofore the County has adopted regulations pursuant to chapter 333, F.S.;
and
WHEREAS, by entering into this Interlocal Agreement pursuant to the provisions of F.S.
163.01 and F.S. 333.03(1)(b)l., the County and the City acknowledge their obligation, in
conformity with F.S. 333.03(1)(b)1., to adopt, administer, and enforce updated airport zoning
regulations applicable to the airport hazard areas, and restricting the use of land adjacent to or in
the immediate vicinity of MTH to activities and purposes compatible with the continuation of
normal airport operations including landing and takeoff of aircraft in order to promote public
health, safety and general welfare;
NOW, THERFORE, in consideration of the foregoing and mutual covenants hereinafter
contained, it is agreed between the County and the City as follows;
Section 1. Airport Zoning Regulations.
Pursuant to the procedures specified in F.S. 333.05, the County and the City shall
concurrently develop, administer, and enforce updated airport protection zoning regulations
governing the use of land on, adjacent to, or in the immediate vicinity of MTH, in compliance with
F.S. 333.01 — 333.13.
Airport protection zoning regulations adopted under this Interlocal Agreement must, at a
minimum, require: A permit for the construction or alteration of any obstruction; Obstruction
marking and lighting for obstructions; Documentation showing compliance with the federal
requirement for notification of proposed construction or alteration of structures and a valid
aeronautical study submitted by each person applying for a permit; Consideration of the criteria in
s. 333.025(6), when determining whether to issue or deny a permit; and That approval of a permit
not be based solely on the determination by the Federal Aviation Administration that the proposed
structure is not an airport hazard.
Nothing in this Agreement shall obligate the City to revise its land development regulations
to regulate; (1) the height that trees are permitted to grow; (2) the offsite impacts of lights and
illumination used in connection with streets, parking, signs, and use of land; (3) the offsite use of
high energy beam devices; or (4) activities that produce offsite interference with navigational
signals or radio communications, except to the extent the City shall voluntarily obligate itself to
do so pursuant to an amendment to this Agreement executed pursuant to the provisions of F.S.
163.01 and 333.03(1)(b)1.
Section 2. Development Review
The County and the City acknowledge their respective obligations, in conformance with
F.S. 333.03(1)(b)l., to adopt, administer and enforce a set of airport protection zoning regulations
restricting the non - compatible uses specified in F. S. 333.03(2), and procedures for the coordinated
review of any application for development permit having potential to create any new airport
hazards or new incompatible use of land described in F.S. Chapter 333.
Section 3. Notices
(a) Any notice to the County shall be sent to:
Monroe County
County Administrator
1100 Simonton St.
Key West, Fl. 33040
(b) Any notice to the City shall be sent to:
City of Marathon
City Manager
9805 Overseas Highway
Marathon, Fl. 33050
Section 4. No Financial Liability, Attorney's Fees and Costs
This Agreement shall not be construed to provide any party hereto with a right to monetary
damages or to otherwise impose any financial liability upon any party hereto. In any action to
enforce this Agreement, or any resolution, proceeding or any other dispute arising under this
Agreement, each party shall bear its own attorney's fees and costs.
Section 5. Disclaimer of Third Party Beneficiaries
This Agreement is solely for the benefit of the County and the City and no right, privilege
or cause of action shall by reason hereof accrue upon, to, or for the benefit of any third party,
including without limitation any other municipality, county, state agency or federal agency.
Nothing in this Agreement is intended or shall be construed to confer upon or give any person,
corporation, partnership, trust, private entity, agency , or other governmental entity any right,
privilege remedy, or claim under or by reason of this Agreement or any provisions or conditions
hereof. This Agreement is not intended nor shall it be construed to be a development agreement
within the meaning contemplated in F.S. 163.3220 — 3240.
Section 6. Governing Law and Venue
This Agreement shall be governed by the laws of the state of Florida. Venue for any action
to enforce any of the provisions of this Agreement shall be in the Circuit Court of the Sixteenth
Judicial Circuit in and for Monroe County, Florida.
Section 7. Recording and Filing
This Interlocal Agreement (and all future amendments hereto, in any) shall be recorded in
the Public Records of Monroe County, Florida and filed with the FDOT (Aviation Office MS- 46)
pursuant to F.S. 333.03(3) and 163.01(11). The County and the City shall file their respective
airport zoning codes, rules, regulations and amendments and proposed and granted variances
thereto with FDOT pursuant to F.S. 333.03(3) within 30 days after they are adopted or issued.
Section 8. Term, Amendment, and Termination of Agreement
The term of this Interlocal Agreement shall be thirty years from its effective date. However,
prior to its expiration, the parties shall either (1) execute a replacement interlocal agreement; or
(2) create a joint airport zoning board, as required by F.S. 333.03(1)(b). This Agreement may be
amended form time to time pursuant to the provisions of F.S. 163.01.
Section 9. Effective Date
This Interlocal Agreement shall become effective upon its execution by both parties and
its recording with the Clerk pursuant to F.S. 163.01(11).
WHEREOF, each party has caused this Agreement to be executed by its
repres entatives.
MADOK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Clerk
(SEAL)
ATTEST:
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