Item K06
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
TIME APPROXIMATE REQUESTED
Meeting Date: May 16.2001
Division:
BOCC
47*...t.~ .
Bulk Item: Yes
No~
Department: District IV /Nora Williams
.....
"
AGENDA ITEM WORDING: Marathon has requested that we either approve the agreement herein
(the longer version of the two presented at last month's meeting, with the changes made on items that
we had agreed to) or join them for mediation.
ITEM BACKGROUND: Negotiations with Marathon on transition issues have been on-going.
PREVIOUS REVELANT BOCC ACTION: At the last meeting, the Commission requested me to
meet with Mayor Bob Miller concerning transition issues.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: N/ A
COST TO COUNTY: N/ A
BUDGETED: Yes
NoL
REVENUE PRODUCING: Yes
No l AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
If ..,a. tJ~ ~
, - (TYPE NAME HERE)
DOCUMENTATION:
Included _To Follow X
Not Required_
DISPOSITION:
AGENDA ITEM #~(,
Revised 2/27/0 I
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 "County"), and the City of Marathon, Florida, (hereinafter referred to as the "City"),
this_day of April 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 haye
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;
Page 1 of 5
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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 Bool'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 Cit~. ~~. p''''''--
S1E1- . ............-~.. "....., '~
The County agrees to ~d, on city approved growth management projects, the sum of .-1.>- &~
$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; 111M ~~ 7'
b. The Marathon Jaycees Building, gether with all furniture, fixtures, equipment and
improvements thereon belonging t e 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
ownectparking facilities;
d. The Florida Keys Marina at Marathon, together with all furniture, fixtures, equipment
and improvements thereon belonging to the Count. he County further agrees to convey to
the; City all County owned submerged lanc1 'vithin the confines of Boot Key Harbor and any
submerged land leases between the State of Florida and the County pertaining to submerged
Page 20f5
jo/~ 0/.;1, (;">- ~ ~,,lJIJt,h1/ I
lands ,\,j!hi!1 th;~ ~onfines of Boot Key Harbor; and Jk C;+ # Gb.nh -4 ~
,)) iq ~'111 ~ ,a ~'rIJ ~PI1h r... ~ d/'fI>bt ~.
e. The Marathon Commumty Park, together with all fixtures, equipment and
improvements situated thereon and all parking facilities associated therewith. The County
agree":l~ continue with th~ pending condemnation litigation reg~rding Phase II of the par:. .
1U. ~iAlfy..11 l.iM..'H.. t.\IIy J~"( JC'-... ea..", iJ1~ ~ ~
l {uut to complete the acquisition of that adcllhonal par~e17CUpon acqumng 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 expen~e.. -- u_'- <"~~~~'4-V-~' -...a..
1U. ti>w.-Iy J' ~~ lVI'll hr .wb,'rJd ~ 4 ~ 1fSIt1~~;vHk'bill41 "14ty 'ktJ(
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. ,/ .
jAJfll mtt.1fV~ -Ih Ci,f-r/ 4~,* c,'-I.,# u,1t i~;,J!A_ ~
5. Boot Key Br~~he County .aa~ prcviJu;:)ly a~lGdi (cf C511'l.n.ht D.l~J.1(,ifil rC~OtlIGG~r ;I
~ vvltld iil:lplVvdllGlrt~ ~c Doot Key Bridge.iR 6ftkr tc Iv;:)tOl\_ tile; brIdge LV a stalv v[ ~5oa repaH-.
..Thf" City and the County will rr\QtiRtlG tv wUlk. tu!:,vlhcr and ';{ill resolve tll~s maller by separate
"tk (DGfJtyf tQ,-{I;4~ 1'. tltXJO;td Ai" ~~&~ ~ I~/Pff'~
~le;e;lUc;ut. / k~~ ~ )0H,.j.~ ~~ w,,~ 4N(~; ~
6. Solid Waste. The ounty contin s to provide waste haul-out services for the benefit of
the City on a month-to-month ba 's under' s current contract with Waste Management. The City and
the County agree to enter into negot tio s with Waste Management for the purpose of securing new
contracts between the County and W e Management and the City and Waste Management which
will reduce the cost of garbage hau out d transfer station services for residents of both the City
and unincorporated Monroe Cou ty.
.-,. 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
accordance with the requirements of Florida Law. The County will make every effort to locate ~d
deliver to the Eity any and all surveys, title abstracts, deeds of conveyance, grants Ofeasements, title
insurance policies, building records, building plans, engineering plans and specifications, leases,
management agreements. policies 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
Page 3 of 5
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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 beg~nveyed hereunder 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 virtue of the
receipt of any State Revenue Sharing Funds or taxes collected prior to the incorporation of the City.
BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, a Political Subdivision
of the State of Florida
ATTEST:
By:
Danny L. Kolhage, Monroe County Clerk
By:
George Neugent, Mayor
(SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By
James T. Hendrick, County Attorney
CITY OF MARATHON, FLORIDA, a
municipal corporation of the State of Florida
By:
Robert K. Miller, Mayor
Page 4 of5
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 (
, hereinaftet" referred to as the "'CountY"), and the City of Marathon, Florida, {hereinafter
referred to as the "'oty1, this day of , 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 Oty 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 he.d 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 Tr8nsfen-ed 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 FeM. The City acknowledges that all Fire Impact due the City
pnor have been paid by the County and accepted by the City;
b. P.rk Impact Fee.. The City acknowledges and agrees that the County
expended park funds in excess of the amount collected for park impact fees within
the munidpal 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;
1
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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
selVices 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
~ ----I.
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 l.fUtS 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 cooper.8tte in the completion of all
pendIng grants for the Marina area.
2
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e. The Marathon Community Parkr together with all fixtures, equipment and
improvements situated thereon and all parking fadlitles associated therewith. The
County, Joined by the City as Co-PlaI ntlff, 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 parce' 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 confonnJty with
FCT (Florida Community Trust) requirements.
4. Crawl Key. The County agrees to transfer or lease to the Florida Keys
Aqueduct Authority a sufffdent 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.
S. SOIIel 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 COnvey.nc.... AU properties to be transfel11)d to the City will be
conveyed In aceordance 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 polides, building records, building
plans, engineering plans and specifications, leases, management agreements, polldes of
insurance, maintenance records, environment reports and every other doc::ument of any
nature whatsoever in the possession of the COunty which, in any manner, tends to
estabfish the ownership Interests of the COunty In each property to be conveyed and the
limitations Imposed thereon.
8. Pro-ration of Rents 8nd I!xpensea.. All rents and expenses associated with
the properties to be conveyed shaft be pro-tated as of the date of transfer of each
property. The City and the COunty agree that the properties to be conveyed hereunder
3
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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
virtue of the receipt of any State Revenue Sharing Funds or taxes collected prior to the
incorporation of the City.
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY; FLORIDA
By
Deputy Clerk
By
George Neugent, Mayor/Chairperson
Date
(SEAL)
Attest: Clerk
CITY OF MARATHON, FLORIDA
By
By
Robert K. Miller, Mayor
Approved as to fol1l1 and
Legal sufficiency
By
City Attorney
Date
JdconCOMmou5/17
4
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05/16/2001 14:58
3052953663
DANNY L KOLHAGE
PAGE 04
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 "County"), and the City of Marathon, Florida, (hereinafter referred to as the "City"),
this_day of April 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 COWlty, 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 tbe COUJlty. 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;
c. Roadway Impact Fees. The City and the COWlty agree that the City is owed $121,332.00
Page 1 of 4
05/16/2001 14:58
If)
{
~
~
3052953663
DANNY L KOLHAGE
PAGE 05
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 COlUlty 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.
~&>...nr "8""'" 10 pay..,.... to tho City, upon execution of this Agreement, the sum of
,332.00 in growth management funds;
. Land Authority Funds. The City and the County agree that the Monroe County Land
Authority shall establish a line item set-aside for expenditure within the City from the half-
cent of the 41h cent from the Bed Tax in the same manner as has previously been established
for the City of Key West and offered to he City of Islamorada;
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 agrez~~?~=~t~:h~~: properties,
to wit: / "tJ
a. The Marathon Teen Centeto~er w' all furniture, fixtures, equipment and
improvements thereon belonging to 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 Buil . g, together with all furniture, fixtures, equipment and
improvements thereon belongin to 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. Additional properties desired for transfer by the City include Marathon Park, the Yacht
Club (and associated bay bottom), the Marina (and bay bottom in Boot Key Harbor) remain
the subject of discussion between the City and the County and will be dealt with in a separate
agreement should the County determine to transfer those capital assets.
Page 2 of4
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, .
05/15/2001 14:58
3052953553
DANNY L KOLHAGE
PAGE 05
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.
S. Boot Key Bridge. The County has previously agreed to conunit financial resources
toward improvements to the Boot Key Bridge in order to restore the bridge to a state of good repair.
The City and the County will continue to work together and will resolve this matter by separate
agreement.
6. Solid Waste. The County continues to provide waste haul-out services for the benefit of
the City on a month-to-month basis under its current contract with Waste Management. The City and
the County agree to enter into negotiations with Waste Management for the purpose of securing new
contracts between the County and W35te Management and the City and Waste Management which
~ 7"fII'fMII'';..tA ~ vvr f' -ell a.c.c tl
will reduce the cost ot\arbag~ haul-out for residents of both the City and unincorporated Monroe
County. TQe f;..,t mwtmg f<< Slleh }/UAyvSC3 is \,<"hprluled for Friday. April '0, 2001 at l1:gg N6aft.>
~~:~ its effi>rts to collect its solid waste fees from its citizens. and ~ ,
e ~ts indebtedness to the County in an expeditious manner.
7. Form of Conveyances. All properties to be transferred to the City will be conveyed in
accordance 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, policies 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 ofRenh 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 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 virtue of the
Page 3 of 4
05/15/2001 14:58
3052953553
DANNY L KOLHAGE
PAGE 07
receipt of any State Revenue Sharing Funds or taxes collected prior to the incorporation of the City.
BOARD OF COUNTY COMMISSIONERS,
MONROE COUNTY, a Political Subdivision
of the State of Florida
ATTEST:
By:
George Neugent, Mayor
By:
D81U1Y L. Kolhage, Monroe County Clerk
( SEAL)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By
James T. Hendrick, County Attorney
CITY OF MARATHON, FLORIDA, a
municipal corporation of the State of Florida
By:
Robert K. Miller, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
By:
, City Attorney
Page 4 of 4