05/16/2001 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 HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
September 27,2001
TO:
J ames Hendrick
County Attorney
ATTN:
Jan Hotalen, Assistant
County Attorney's Office
Pamela G. Han('~
Deputy Clerk -0
FROM:
At the May 16, 2001, Board of County Commissioner's meeting the Board granted
approval and authorized execution ofa Memorandum of Understanding between Monroe County
and the City of Marathon on various issues.
Enclosed are three duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure that the fully executed "Clerk's Original" is returned to our office
as soon as possible. Should you have any questions please do not hesitate to contact this office.
cc: County Administrator wlo document
Finance
Filev'
CLERK'S ORIGINAL
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered Into by and
between Monroe County, Florida, a political subdivision of the State of Florida (
, hereinafter referred to as the "CounW"), and the City of Marathon, FlOrida, (hereinafter
referred to as the "City"), this / fp 'tlday of -/iJ.fJY-, 2001.
WITNESSETH:
WHEREAS, the City was Incorporated on November 30, 1999 pursuant to Chapter
99-427 Florida Statutes, and became operational on February 24, 2000; and
WHEREAS, the City and the County have been negotiating transition Issues
relating to the transfer to the City of certain Impact fees, Infrastructure and properties
which are presently held or owned by the County, and the continued use of the County's
transfer station for waste haul-out purposes; and
WHEREAS, it is the desire of the City and the County to amicably resolve the
issues between them for their mutual benefit and in the best interests of their
constituents.
NOW THEREFORE, in consideration of the premises and mutual promises and
covenants hereinafter set forth, and for other good and valuable consideration, the
sufficiency and receipt of which Is hereby acknowledged, the City and the County agree
as follows:
1. Recitals. The above stated recitals are a true and accurate statement of the
intentions of the City and the County and are incorporated as part of this Agreement.
2. Funds to be Transferred to the City by the County. The County and the
City agree as follows regarding the transfer of certain Impact fees and funds which are
presently held by the County:
a. Fire Impact Fees. The City aCknOWledges that all Fire Impact due the City
prior have been paid by the County and accepted by the City;
b. Park Impact Fees. The City acknowledges and agrees that the County
expended park funds in excess of the amount collected for park Impact fees within
the municipal boundaries of the City of Marathon prior to Incorporation, and
agrees that there are no park Impact fees which are owed to the City by the
County;
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c. Roadway Impact Fees. The City and the County agree that the City is owed
$121,332.00 for roadway impact fees collected from within the municipal
boundaries of the City and not expended by the County prior to incorporation. It is
agreed that this sum shall be applied toward repairs to the Boot Key Bridge and, if
not expended for such purposes, shall be paid to the City;
d. Growth Management Funds. The City and the County agree that the
County collected $492,332.00 in growth management funds from within the
municipal boundaries of the City prior to incorporation for growth management
services which were not provided to the City. The County agrees to expend, on
City approved growth management projects, the sum of $492,332.00 in growth
management funds;
3. Properties to be Transferred to the City by the County. The County
agrees to transfer all of its right title and interest in the following described properties to
the City of Marathon, and the City agrees to accept the following described properties in
"as is" condition, subject to all existing lease and/or management agreements presently
encumbering the properties, to wit:
a. The Marathon Teen Center, together with all furniture, fixtures, equipment
and improvements thereon belonging to, and transferable by, the County. The
County agrees to provide the City with an inventory of any furniture, fixtures and
equipment situated thereon which is to be transferred to the City;
b. The Marathon Jaycees Building, together with all furniture, fixtures,
equipment and improvements thereon belonging to, and transferable by, the
County. The County agrees to provide the City with an inventory of any furniture,
fixtures and equipment situated thereon which is to be transferred to the City;
c. The Marathon Yacht Club , together with the contiguous submerged land
and County owned parking facilities;
d. The Florida Keys Marina at Marathon, together with all furniture, fixtures,
equipment and improvements thereon belonging to the County. The City assumes
all of the County's obligations under the MEDC-County Agreement. The County
further agrees to convey to the City all County owned submerged land within the
confines of Boot Key Harbor and any submerged land leases between the State of
Florida and the County pertaining to submerged lands within the confines of Boot
Key Harbor; and the City and County will cooperate in the completion of all
pending grants for the Marina area.
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e. The Marathon Community Park, together with all fixtures, equipment and
Improvements situated thereon and all parking facilities associated therewith. The
County, joined by the City as Co-Plaintiff, will continue with the pending
condemnation litigation regarding Phase II of the Park. The County will complete
the acquisition of that additional parcel, with any Judgment paid from County
infrastructure tax revenues. Upon acquiring the Phase II property, the County will
convey that parcel to the City, and the City will be responSible for the
development of Phase II at Its own expense. The County's conveyance will be
subject to a deed restriction prohibiting the charging of any admission fee to
Monroe County residents, and requiring the Park to be operated In conformity with
FCT (Florida Community Trust) requirements.
4. Crawl Key. The County agrees to transfer or lease to the Florida Keys
Aqueduct Authority a sufficient portion of Its real property on Crawl Key for purposes of
constructing a central wastewater treatment plant and water re-use facility for the City
of Marathon.
5. Boot Key Bridge. The County will convey to the City, and the City will
immediately accept, the Boot Key Bridge. The County will pay up to $1,000,000 for Boot
Key Bridge repairs Identified as necessary by joint report of the City's and County's
Engineers.
6. Solid Waste. The City agrees to Increase Its efforts to collect its solid waste
fees from its citizens, and will pay its indebtedness to the County in an expeditious
manner.
7. Form of COnveyances. All properties to be transferred to the City will be
conveyed in actordance with the requirements of Florida Law. The County will make
every effort to locate and deliver to the City any and all surveys, title abstracts, deeds of
conveyance, grants of easements, title insurance policies, building records, building
plans, engineering plans and specifications, leases, management agreements, polldes of
insurance, maintenance records, environment reports and every other document of any
nature whatsoever In the possession of the County which, in any manner, tends to
establish the ownership Interests of the County In each property to be conveyed and the
limitations Imposed thereon.
8. Pro-ration of Rents and Expenses. All rents and expenses associated with
the properties to be conveyed shall be pro-rated as of the date of transfer of each
property. The City and the County agree that the properties to be conveyed hereunder
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may be conveyed separately or in a single transaction so as not to allow a problem with
one conveyance to impede the remainder of the conveyances.
9. Fund Balances. The City of Marathon hereby waives any and all right which it
has, or may have, to receive any portion of any other fund balance held by the County by
the receipt of any State Revenue Sharing Funds or taxes collected prior to the
cOl.j
f the City.
~
BOARD OF COUNTY COMMISSIONERS
/F MONROE COUNT'i, FLORIDA
~~.e ~
George eugent, Mayor/C p n
~ ",
Date t117 / " 2,0 ,,/
(SEp.L)
Attest: Clerk
~~}/.~
Approved as to form and
Legal sufficiency
BY~~~ p
City Attorney
Date CJclo6er- 9, .:2.0 0 I
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