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Item B8 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Bulk Item: Yes June 15,2000 X No Division: Growth Management Department: N/A AGENDA ITEM WORDING: Approval ofInterlocal Agreement between the City of Marathon and Monroe County to authorize the County to revise, extend, or renew permits issued by the County prior to February 24, 2000. ITEM BACKGROUND: The City of Marathon is now providing all permitting services to its citizens; however, City representatives have expressed a desire to allow existing permits, issued by the County, prior to February 24, 2000, to be renewed, extended, and revised by the County, rather than be required to go through the City of Marathon. Not only would this approach reduce potential delays to applicants having to resubmit their permit files and applications to the City for approval, but it would keep the responsibility for on-going plans review and inspections with the entity that collected the permitting fees (i.e., Monroe County). An Interlocal Agreement has been prepared with representatives of the City that would authorize the County, on behalf of the City, to process permit revisions, extensions, and renewals for any permits issued prior to February 24, 2000. PREVIOUS RELEVANT BOARD ACTION: On March 16,2000, the BOCC directed Growth Management Division staff to negotiate an Interlocal Agreement with the City of Marathon to provide permitting for "as-of-right" development. Prior to BOCC action on a draft agreement, the City of Marathon chose to hire a private firm to handle its permitting functions. STAFF RECOMMENDATION: Approval TOTAL COST: N/A BUDGETED: Yes No X COST TO COUNTY: N/A APPROVED BY: County Attorney X Risk Management N/A DIVISION DIRECTOR APPROVAL: Timothy J. McGa DOCUMENTATION: Included X To follow Not required ODISPOSlTION: 1_n. 0' Agenda Item #: ~ ~ L- INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") entered into this _ day of 2000, by and between the City of Marathon, a municipal corporation 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 Aereement. This Agreement is entered into pursuant to Section 163.01, Florida Statutes. 10f6 2. Transfer of Powers. a. Previouslv Issued Permits and Approvals. The City hereby authorizes the County to exercise building, planning, permitting and code enforcement authority over those building permits which were issued prior to February 24, 2000. The County shall process and issue any and all renewals, revisions and extensions related to permits issued prior to February 24,2000. The County shall also provide building inspections and issue certificates of occupancy on behalf of the City as to permits issued prior to February 24, 2000. The County's code enforcement authority shall be limited to active permits issued prior to February 24,2000. b. Pendine: 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). 20f6 The City shall reimburse the County for all actual costs of any services rendered by the County Hearing Officer under the terms of this Agreement. 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 The City shall indemnify and hold harmless the County against all liability resulting from actions taken pursuant to this Agreement. The City shall reimburse the County for any and all attorney's fees and costs incurred in any action challenging any decision or interpretation of the County made pursuant to 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. 9. 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 30f6 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, Helfinan, Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 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. 10. Law and Venne. 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. 40f6 11. 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 th~ 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. 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 authorize the nonobservance on any other occasion of the same or of any other covenant or condition of this Agreement. 50f6 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on their behalf as to the date first above written. ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida By: By: Deputy Clerk Mayor (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY:~~~ ounty Attorney ATTEST: JOANNE WEBER CITY OF MARATHON, FLORIDA, a municipal corporation of the State of Florida By: By: Acting City Clerk Robert "Bob" Miller, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Acting City Attorney 60f6 INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") entered into this day of 2000, by and between the City of Marathon, a municipal corporation 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 A~reement. This Agreement is entered into pursuant to Section 163.01, Florida Statutes. J~~9 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. Pendin~ 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 Agreemem. 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. 3 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. ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida By: By: Deputy Clerk Mayor (SEAL ) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ST: ANTOINETTE DOMJANICH CITY OF MARATHON, FLORIDA, a municipal corporation of the State of Florida By: By: City Clerk Robert Miller, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney 592003\agreements\Interlocal Agreement re Limited Building and Permitting Services-6-14-00 Draft 6