07/18/2001 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGI1WAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
ME M 0 RAN D ~'M
TO:
County Attorney's Office
J
ATTN:
Jan Hotalen
FROM:
Isabel C. DeSantis, CL
Deputy Clerk ~. C . L7.
f
DATE:
Tuesday, September 18,2001
At the BOCC meeting on July 18, 20011lhe Board granted afproval and authorized
execution of an Interlocal Agreement b4lreen Monroe Couffty and the City of Marathon
to provide $492,332.00 from the Municipal Service Taxing Unit for growth management
related purposes and adopted Resolution No. 271-2001.
Attached hereto for your use is a fully executed copy of the subject Agreement and
Resolution.
Should you have any questions concerning this matter, please do not hesitate to contact
this office.
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Cc: Finance
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LETTER OF TRANSMITTAL
CITY OF MARATHON
c/o MOYER & ASSOCIATES/SEVERN TRENT SERVICES
210 NORTH UNIVERSITY DRIVE
SUITE 301
CORAL SPRINGS, FLORIDA 33071
Telephone (954) 753-5841
Fax (954) 345-1292
TO: Ms. Jan Hotalen, Paralegal
Office of the County AttorneylMonroe County
P. O. Box 1026
Key West, FL 33041-1026
DATE:
September 11, 2001
SUBJECT:
City of Marathon
Interlocal Agreement
Sombrero Beach
$492,332 Improvements
U.S.Mail
Phone: (305) 292-3470
VIA:
WE ARE TRANSMITTING HEREWITH:
Pursuant to your August 14, 2001 Letter of Transmittal, the City Council of the City of
Marathon approved and signed the two (2) duplicate originals of the Interlocal Agreement between
Monroe County and the City of Marathon for $492,332 to be used for Sombrero Beach Park
recreational improvements.
AND REQUEST THE FOLLOWING:
1. Ms. Hotalen - Upon processing by the County, please return a fully executed copy to my
attention.
2. Should you have any questions or concerns regarding the information enclosed, please do not
hesitate to contact me directly.
Thank you.
<~,&~
Katey Selch
City Clerk
City of Marathon
:ks
Enclosures
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SEP 1 3 2001 j
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INTERLOCAL AGREEMENT
City of Marathon
THIS INTERLOCAL AGREEMENT is entered by and between Monroe County, (County) a
political subdivision of the State of Florida, whose address is Public Service Building, 5100 College
Road, Key West, FL 33040 and the City of Marathon (City), a municipal corporation, whose address
is PO Box 500430, Marathon, FL 33050, pursuant to Sec. 163.01, Fla. Stat.
WHEREAS, the City has requested certain funds collected within the City but held in the
account of the County Planning, Zoning and Building District, (District) to be used for recreational,
park and beach purposes at Sombrero Beach Park within the City of Marathon;
WHEREAS, Sec. 2-388(6), Monroe County Code, authorizes the use of District funds for the
purposes listed above; and
WHEREAS, the County desires to transfer the funds to the City but also desires to ensure that
the funds are used for the purposes authorized by Sec. 2-388(6), Monroe County Code; now,
therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree
as follows:
1. The County shall pay $492,332 from the Planning, Zoning and Building District Fund to
the City for park, beach and recreational improvements at Sombrero Beach Park, subject to the
following terms and conditions:
a) As work on the Sombrero Beach Park improvements progresses, the City shall
submit to the County copies of invoices, or other requests for payment however denominated, from
City employed contractors or materialmen furnishing construction services or material to the
Sombrero Beach Park, improvements describing the services or material furnished and the amount
requested. If the County's Clerk of the Circuit Court, (the Clerk), after examination of the
documents, is satisfied that the construction services or material were furnished for park, beach and
recreational improvements at Sombrero Beach Park then he shall pay the City the amount
represented by each invoice up to $492,332. In no event does the County's obligation to pay the
City under this agreement exceed $492,322. Nothing in this agreement may be construed to create
on behalf of the County any privity with, or liability to, any City employed contractor, materialman or
vendor.
b) The City's financial records pertaining to this interlocal agreement must be kept
according to generally accepted governmental accounting principles and must be made available to
auditors employed by the Clerk, County or the State of Florida, during regular business hours (9 AM
- 5 PM, Monday - Friday, holidays excepted). If an auditor employed by any of the entities listed
above determines that any of the funds paid to the City pursuant to this interlocal agreement were
spent for a purpose not authorized by this agreement, then the City must repay the County the
amount determined by the auditor to have been improperly spent plus interest calculated under Sec.
55.03, Fla. Stat., with the interest running from the date the auditor determined that the funds were
misspent. The City must retain its financial records pertaining to this agreement for a minimum of
three years beginning on the date the last payment to the City was made under this agreement.
2. In the event of any litigation arising under this agreement, the prevailing party is
entitled to a market value attorney" fee plus costs.
3. This interlocal agreement will take effect on the signature date of the last party to
execute it. An original of this interlocal agreement must be filed with the Clerk of the Circuit Court
and the Clerk of the City.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BY.s6~C. IO~
Deputy Clerk
Date 0 7 - I tf- - 0 I
BOA D OF COUNTY COMMISSIONERS
OF ONROE COUNTY, FLORIDA
~Yo::ainn~~
(SEAL)
ATTEST:
_CITYOFMA~
BY~ or ~
By-il~- ~ 1c~.L..-
City Clerk
Date q - "'"1- 0 ,
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By
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ity Attorney
")'/01
Date
Board of County Commissioners
RESOLUTION NO.2 71 -2001
A RESOLUTION OF THE BOARD OF COUNTY COMMISsIONERS OF MONROE
COUNTY, FLORIDA AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE CITY OF MARATHON FOR THE PAYMENT OF $492,332
OUT OF THE COUNTY PLANNING, ZONING AND BUILDING DISTRICT
ACCOUNT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA that:
The Mayor is hereby authorized to execute on behalf of the BOCC of Monroe County, Florida, an
interlocal agreement with the City of Marathon providing for the payment of $492,332 to the City for
park, beach and recreational purposes at Sombrero Beach Park. A copy of the inter local agreement is
attached to, and made a part of, this Resolution.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
regular meeting of said Board held on the 18th day of July
,2001.
Mayor George Neugent
Mayor Pro Tem Nora Williams
Commissioner Murray Nelson
Commissioner Dixie Spehar
Commissioner Charles McCoy
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA ~
~V~ ,e ~~
~ t:"r/Chairpersan
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
Bydhal~C~
Deputy Clerk
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