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06/15/2000 Agreement llannp I. i{olbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS IDGHWA Y PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DA TE: July 21,2000 TO: Timothy McGarry, Director Growth Management Division ATTN: Colleen Gardner, Executive Assistant Growth Management Division Pamela G. Hancoc~ Deputy Clerk CY FROM: At the June 15, 2000, Board of County Commissioner's Meeting the Board granted approval and authorized execution of an lnterlocal Agreement between Monroe County and the City of Marathon to authorize the County to revise, extend, or renew permits issued by the County prior to February 24,2000. Enclosed please find a duplicate original, as well as a copy for your records, for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator wlo document County Attorney Finance File MEMORANDUM TO: Jan Hotalen, Administrative Assistant County Attorney's Office FROM: Colleen Gardner, Executive Assistant ~ Growth Management Division DATE: July 20, 2000 SUBJECT: GMD - Interlocal Agreement Enclosed please find two (2) original Interlocal Agreements executed by the City of Marathon between the City of Marathon and Monroe County authorizing the County to revise, extend, or renew permits issued by the County prior to February 24, 2000. NOTE TO CLERK: Two (2) original Interlocal Agreements have been enclosed for signature. Please return one fully executed agreement to be forwarded to the City of Marathon. Also, a signature is not in the correct place. If this presents a problem please let me know and we will have to obtain another original. If you have any questions or concerns, please give me a call at Ext. 2517. Thanks for your assistance! Icg Enclosures CC: Timothy J. McGarry, AICP, Director of Growth Management Belle DeSantis, Deputy Clerk /' NINA ~. BONISKE JAMIE ALAN CO~E EOWARO G. GUEDES STEPHEN J. HE~FMAN GI~BERTO PASTORIZA JOSEPH H. SEROTA RICHARO JAY WEISS OAVIO M. WO~PIN STEVEN W. ZE~KOWITZ THOMAS J. ANSBRO' ~I~~IAN ARANGO OE ~A HOZ' RICHARO A. ARONSKY PATRICIA M. BA~OYRA A~ISON S. BIE~ER MITCHE~~ A. BIERMAN WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. ATTORNEYS AT LAW MITCHE~~ J. BURNSTEIN ELAINE M. COHEN OOUGLAS R. GONZA~ES JOHN R. HERIN, JR. CHRISTOPHER F. KURTZ PETER A. ~ICHTMAN KAREN ~IEBERMAN' BERNARO S. MANO~ER' MARIE E. MATO NANCY RUBIN' GAI~ O. SEROTA' ARI C. SHAPIRO JEFFREY P. SHEFFE~ NANCY E. STROUO' SUSAN ~. TREVARTHEN OANIE~ A. WEISS' MIAMI-DAOE OFFICE 2665 SOUTH 8AYSHORE DRIVE SU ITE 420 MIAMI, FLORIDA 33133 BROWARO OFFICE 1132 SOUTHEAST SECONO AVENUE FORT LAUOEROA~E, F~ORIOA 33316 TELEPHONE (954) 763-4242 TE~ECOPIER (954) 764-7770 TELEPHONE (305) 854-0800 TELECOPIER (305) 854-2323 'OF COUNSE~ WWW.WSH-F~ALAW.COM July 27, 2000 Ms. Antoinette pomjanich City Clerk, Marathon Moyer & Associates 210 North University Drive Suite 302 Coral Springs, Florida 33071 Dear Netti: Re: Finalized Interlocal Agreement for Limited Building Permitting and Planning Services (the "Agreement") Enclosed for your file is the finalized Agreement. concerning this matter, please do not hesitate to give me a call. JRH/ms Enclosure 592003 If you have any questions cc: Craig Wrathell, City Manager (w/o enc.) Christina Nolan, Director of Planning (w/enc.) Michael Cawsley, Building Official (w/enc.) Danny Kohlage, County Clerk (w/enc.) Tim McGarry, Director of Growth Management (w/eu.c.) Nina L. }3oniske, Esq. (w/o enc.) FILED FOR RECORD 00 JUL 21 PH 2: 18 DANHY l. I\OLHAIJE MOH~5hg~~li..i'~ ~INTERLOCAL AGREEMENT t! J This Interlocal Agreement (the "Agreement") entered into this 5 day of JNU, 2000, by and between the City of Marathon, a municipal corporatio~ of the State of Florida, whose address is P.O. Box 500430, Marathon, Florida, (the "City"); and Monroe County, Florida, a political subdivision of the State of Florida, whose address is Public Service Building, 5100 College Road, Key West, Florida (the "County"). WITNESSETH: WHEREAS, the City was created by Chapter 99-427, Laws of Florida, which approved the creation of the City of Marathon effective November 30, 1999; and WHEREAS, Chapter 99-427 provides that as of November 30, 1999, all planning and zoning powers and duties within the City's boundaries shall be vested in the City Council until such time as the City Council delegates all or a portion thereof to another entity; and WHEREAS, both the City and the County are interested in insuring continuity in the provision of building, code enforcement, and permitting functions within the City's corporate limits and a smooth transition in the eventual transfer of these functions to the City; and WHEREAS, the City desires to utilize the services of the County to provide building, code enforcement, and planning functions as specifically set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration and promises set forth below, the parties agree as follows: 1. Authority to Enter Into Agreement. . This Agreement is entered into pursuant to Section 163.01, Florida Statutes. 2. Transfer of Powers. a. Previously Issued Permits and Approvals. The City hereby authorizes the County to exercise building, planning and permitting authority over those development and building permits which were issued prior to February 24, 2000 (the "Permits"). The County shall process and issue any and all renewals, revisions and extensions related to the Permits. The County shall also provide building inspections and issue certificates of occupancy on behalf of the City as to the Permits. The County's code enforcement authority shall be limited to the Permits. b. Pending Permits and Approvals. All applications for development approvals and building permits (including, but not limited to ROGO, as-of-right, and discretionary applications) pending on February 24, 2000, shall be issued by the City. Such applications shall be conveyed to the City for processing and Issuance. 3. Interpretation of Code and Comprehensive Plan. The County Planning Director and County Building Official shall have complete authority to interpret the City Code and Comprehensive Plan in exercising the powers granted to the County under the terms of this Agreement. 4. Administrative Appeals. Any administrative appeal of any decision or interpretation of the City Code or Comprehensive Plan made by the County under the terms of this agreement shall be brought before the City Planning Commission in accordance with the applicable provisions of the City Code. All appeals of the City Planning Commission shall be processed and heard in accordance with the Hearing Officer Appellate Article of the City Code (Sections 9.5-535 through 9.5-542). "- The City shall reimburse the County for all actual costs of any services rendered by the County 2 Hearing Officer under the terms of this Agreement in the event the City employs the services of the County Hearing Officer. 5. Fees. The County shall charge all applicable application and permit fees for all permit applications and amendments processed on behalf of the City under the terms of this Agreement. The County shall retain such fees as compensation for services rendered pursuant to this Agreement. 6. Limitation of Liability To the extent allowed by law, each party hereto shall indemnify and save harmless the other from any and all claims, liability, losses, and causes of action which may arise out of the other's actions in fulfillment of this Agreement. 7. Activity Reports. The County shall provide the City with a bi-monthly report of all services provided pursuant to this Agreement. 8. Termination, Extension, and Amendment. This Agreement shall expire on September 30, 2000, unless otherwise extended or terminated as set forth herein. Either party may terminate this Agreement with thirty (30) days written notice to the other party. This Agreement may be extended or amended by mutual agreement of the parties. Any terms or conditions of this Agreement or any subsequent extension or amendment to this Agreement that require acts beyond the date of the term of the Agreement shall remain in full force and effect unless and until the terms or conditions are completed, and shall be fully enforceable by either party. 9. Severability . '- ,., .) Should any provision, paragraph, sentence, word, or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, then shall be deemed severable, and in this Agreement, shall remain unmodified and in full force and effect. 10. Notice. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, hand delivered, or overnight delivery addressed as follows (or any other address that the party to be notified may have designated to the sender by the like notice): County: Mr. James Roberts County Administrator Monroe County Public Service Building, Wing II 5100 College Road, Stock Island Key West, Florida 33040 Copy to: James Hendrick, Esq. County Attorney 310 Fleming Street Key West, Florida 33040 City: Mr. Robert "Bob" Miller Mayor City of Marathon P.O. Box 500430 Marathon, Florida 33050 Copy to: Nina L. Boniske, Esq. John R. Herin, Jr., Esq. City Attorney City of Marathon Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 4 Unless otherwise required by law, any notice sent hereunder shall (subject to proof of receipt or refusal of same) be deemed to have been delivered on the same day if hand-delivered, on the next business day if sent by overnight courier, or on the day of receipt of refusal, if sent by certified or registered mail. 11. Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any lawsuit arising out of this Agreement shall be the Middle Keys Division, Monroe County, Florida. 12. Remedies. If and when any default of this Agreement occurs, the non-defaulting party may avail itself of any legal or equitable remedies that may apply, including, but not limited to, actual damages and specific performance. Such remedies may be exercised in the sole discretion of the non-defaulting party. Nothing contained in this Agreement shall limit either party from pursuing any legal or equitable remedies that may apply. In the event of a default on behalf of the County, the County shall not be entitled to the benefit of the provisions of paragraph 6 herein. 13. Non-Waiver No waiver by the City or the County of any provision hereof shall be deemed to have been made unless expressed in writing and signed by such party. No delay or omission in the exercise of any right or remedy accruing to the City or County upon any breach under this Agreement shall impair such right to remedy or be construed as a waiver of any such breach. No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall constitute a waiver of any subsequent breach of such covenant or condition, or justify or 5 authorize the nonobservance on any other occasion of the same or of any other covenant or condition of this Agreement. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on their behalf as to the date first above written. cS'.. ;.F ~ Shirley Fre an, Mayor BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ST: ANTOINETTE DOMJANICH By: APPROVED AS TO FORM AND E AL SUFFICIENCY: By: CITY OF MARATHON, FLORIDA, a municipal corporation of the State of Florida By: see above Robert Miller, Mayor '- 592003\agreements\Interlocal Agreement re Limited Building and Permitting Services-6-14-00 Draft 6