07/08/1998 Agreement
TRANsmON AGREEMENT
This Transition Agreement (the "Agreement") entered into this ~M' day of
j v '- "\ , 1998, by and between Islamorada, Village of Islands, Florida, a municipal
corporation of the State of Florida, hereinafter referred to as the "VILLAGE"; and Monroe
County, Florida, a political subdivision of the State of Florida, hereinafter ~er~ t~ ~
~~ C"') :~; c:: rrt
g!:"'-::: r- 0
"COUNTY", ()::r. ,2 ."
o ("') . ...., (:)
c::::;::;~- ......
2""'-' -."
WITNESSETH: ...,~;:2 ~ ::0
:< -I ::::: ,."
,,' 1> .. n
WHEREAS, the VILLAGE Charter was approved by the residents ~ tlf6 "'ag~n
November 4, 1997; and
WHEREAS, both the COUNTY and the VILLAGE are interested in insuring that there
be a smooth transition in the transfer of building functions.
NOW THEREFORE, in consideration of the above and other good and valuable
consideration, the parties hereto agree as follows:
A. SCOPE OF SERVICES
1. The VILLAGE will receive and process all permit applications for development
of new and existing commercial real property and structures, as well as new
development of residential property or structures. This includes all permit
applications for development of new and existing commercial real property and
structures currently pending with the COUNTY.
2. The COUNTY will, through its Growth Management Department, receive and
process building permit applications for repair and renovations of existing
residential structures within the jurisdiction of the VILLAGE, all in accordance
with current practice for the unincorporated area of Monroe County as set forth
in Exhibit" A", attached hereto and incorporated herein by this reference. This
will include the issuance of all required subsidiary permits such as electrical,
plumbing, mechanical, roofmg, gas, etc. It will also include the performance of
all required inspections and the issuance of applicable Certificates of Completion
and/or Certificates of Occupancy.
The COUNTY will use its current forms for all permit applications and related
building services provided for the VILLAGE.
All applications for permits to do work in the VILLAGE shall be made at the
COUNTY's Plantation Key Growth Management Department office. All
requests for inspections shall be made by calling the COUNTY's Plantation Key
Growth Management Department office.
The COUNTY will maintain records in accordance with current practice for the
unincorporated area of Monroe County.
The COUNTY will provide the VILLAGE with a monthly activity report of all
services provided for the VILLAGE.
The COUNTY will provide Code Enforcement services, on a case by case basis,
concerning building code and zoning violations as well as contracting and
minimum housing violations in accordance with current practice for the
unincorporated area of Monroe County. These services will include the issuance
of notices of violation, citations and liens on property.
B. FEES
3.
4.
5.
6.
7.
The COUNTY and the VILLAGE agree that the County will charge the
applicant fees for building services as established in the County Code until such
2
.
time as the VILLAGE adopts its own fee schedule. These fees plus fees
collected for other Monroe County departments will be retained by the
COUNTY as compensation for services performed. The COUNTY will retain
any revenues from permits, tickets or liens paid as a result of Code Enforcement
activities.
C. PENDING APPLICATIONS
All Building applications for residential alterations and renovations received
prior to the effective date of this Agreement will be processed in accordance
with standard operating procedures in effect at the time of filing. Notice will be
given to the VILLAGE of all pending actions. The VILLAGE may submit
written concerns and recommendations to the COUNTY. All building related
applications filed after the effective date of this Agreement will be processed in
accordance with this Agreement.
With respect to all permit applications for development of new and existing
commercial real property and structures received by the COUNTY prior to the
effective date of this Agreement, the COUNTY will forward them to the
VILLAGE, and will refrain from taking any further action thereon.
D. INDEMNIFICATION AND HOLD HARMLESS
In connection with this Agreement the VILLAGE shall indemnify and save
harmless the COUNTY from any and all claims, liability, losses and causes of
action, to the extent of the limitations included within Florida Statures, Section
768.28. However, nothing herein shall be deemed to indemnify the COUNTY
for any liability or claims arising solely out of negligence by the COUNTY.
3
E. TERM
This Agreement will be in effect from the date of its execution and will continue
until September 30, 1998 unless previously terminated or extended by mutual
agreement.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed on
their behalf as to the date fIrst above written.
ATTEST:
ISLAMORADA, VILLAGE OF ISLANDS
OF FLORIDA
A Municipal Corporation
TERESA SMITH
By: ,~q ~
Acting Village Clerk
By:
Ron Levy,
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~~
[signature page to be continued]
4
MONROE COUNTY
Board of County Commissioners of
Monroe County, Florida
\..6....~J ..:.:~:~~
By: .. ~.J. ?'. "::~
Wilhelmina Harvey, ~ayor pro te~~].,\"~:.~
p~! . ,\", '''''
< ,\....... ;;;~-:;:_. \ .' . ,f
\'\~t~:~-' " i
,t.:.."".
~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
436001
5
EXHIBIT "A"
1. Repairs, renovations, and maintenance to residential real property and structures
(including docks) that do not include nonconforming uses or structures. The
cost of the work cannot exceed more than 50 % of the value of the existing
structure that is the subject of the permit.
2. Residential fences not requiring minor conditional use approval.
3. Clearing of exotic plants and tree trimming from residential real property.
4. Demolition of existing residential structures.
6