Item P4
Board of County Commissioners
Agenda Item Summary
Meeting Date: Julyl~2004
Bulk Item: Yes [] No ri:r"
Division: Board of County Commissioners
Department: George R. Neugent
AGENDA ITEM WORDING:
Approval by the Board of County Commissioners to accept the return of the Marathon
Yacht Club back into ownership of the County as originally conveyed to the City of
Marathon as requested through resolution by the Marathon Yacht Club and the City of
Marathon.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
}J~
BUDGETED: YES [] NO []
COST TO COUNTY: $
Source of Funds:
REVENUE PRODUCING: YES [] NO [] AMT PER MONTH:
YEAR:
APPROVED BY: COUNTY ATTY [] OMS/PURCHASING [] RISK MANAGEMENT []
APPROVAL: 1m ~ ~~. ~
Commissioner GEORGE R. NEU~
DISTRICT II
DOCUMENTATION: INCLUDED ~ TO FOLLOW [] NOT REQUIRED []
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DISPosmON:
AGENDA ITEM #
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MEMORANDUM
TO:
Commissioner George Neugent
FROM:
James L. Roberts
County Administrator
DATE:
April 28, 2004
SUBJECT:
Marathon Proposed Jnterlocal Agreement for the Marathon Yacht Club
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At the meeting of the Board of County Commissioners on April 21, 2004, you
requested a copy of the proposed Interlocal Agreement fi'om Marathon for the transfer of the
title of the Marathon Yacht Club back to the County. That proposal is enclosed.
I know you will recall that the City of Marathon was most adamant during the
negotiations after incorporation in reference to having the Yacht Club transfelTed. The
County Commission agreed and the propeliy was trans felTed to the City including the right to
any revenues that might accrue as a result of that ownership.
Apparently, there is now ad valorem tax expense and the City wishes to return the
Yacht Club to County ownership but only until such time as the ad valorem issue is resolved.
Then the City wants to have the ownership of the Yacht Club returned to it.
J can understand that there is some interest on the Commission that this might be
appropriate as a cooperative effOJi with the City. J f that is the case, please be aware of the
following issues:
1. The County Attorney's office should obviously conduct legal review of the
prOVISions.
2. Section 3, in its various subsections, places requirements upon the County
in reference to how it deals with the lessee and the lease even while it is
within County ownership. Apparently, the City anticipates the return of the
propeliy to the City and the City is attempting to control what the County
does with the propeliy in the interim.
3. Section 5 provides those conditions under which the City would agree to
accept the conveyance of the property. This places into the hands of the
City and the lessee the ability to control how the County deals with the
propeliy and any of the lessees. Notwithstanding that, Section 5.3 requires
the County to return the propeliy within 45 days if any of the above
conditions are met.
4. Nowhere is there any identification of costs that might be inculTed by
Monroe County during the telm in which it has ownership of the propeliy.
In fact, there could conceivably be an oppOliunity for the County to spend
significant money and then be required to retulll the propeliy to the City on
45 days notice.
5. There should be a provision with the City to hold the County harmless for
anything that transpired during the City's ownership of the propeJiy,
whether the liability extends from actions by the City or by the lessee.
If the Board wishes to pursue this, I am sure that there can be some agreements
developed on the above issues. There may be more issues with which the County Attollley
will be concellled. I only remind the Board that this is a change of the understanding the
County had with the City and previous comments made by the Board.
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James L. Robelis /
County Administrator
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Cc: Board of County Commissioners
John R. Collins, County Attollley
2
Special Meeting of Board of Governors
Marathon Yacht Club
July 27, 2004
A Special Meeting of the Board of Governors of the Marathon Yacht Club was called to
order at 1 :pm
Present: CommmJore Freo II undhammer, V Ie Ron Ferguson, R/C I ,arry Wagner,
Treasurer Lou Vedros, PIC Dave Brown, Board Members: Clyde Burnett, Ken Baker,
Glenn Boe, Dennis Kulig, Chrissy Royse, George Richter.
The only business discussed was the following:
Resolution: Marathon Yacht Club will support all effol-ts by Monroe county
Commissioner George Neugent to return the Yacht Club property and lease and the
adjacent Bay Bottom lease from the City of Marathon to Monroe County without
reservations. All leases would be returned in their prescnt status removing the tax
liability from the City or the Yacht Club.
The resolution was passed unanimously.
The meeting was adjourned at 1 :45pm
Fred Hundhammer, Commodore