Item F26 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20, 2012 Division: Public Works/En 'nig_eering
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person: Dent Pierce,292-4560
AGENDA ITEM WORDING: Approval of Wastewater Connection Agreement with the City of
Marathon for County properties located within the City of Marathon.
ITEM BACKGROUND: In order to connect County-owned property within the City of Marathon
to the City's wastewater system, the County must pay the connection fees shown in Exhibit A by
December 31, 2012, or interest will accrue at 60/o/yr.
PREVIOUS RELEVANT BOCC ACTION: none.
CONTRACT/AGREEMENT CHANGES: New agreement.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $394,856.50 INDIRECT COST: n/a BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: n/a
COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty_ C] /Purchasing_ Risk Managemen0l�
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: City of Marathon Contract#
Effective Date:
Expiration Date:
Contract Purpose/Description: Wastewater Connection Agreement concerning connection
fees for County-owned property located within the City of
Marathon.
Contract Manager: Beth Leto 4560 Public Works—Stop 1
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on: November 20, 2012 Agenda Deadline: November 06, 2012
CONTRACT COSTS
Total Dollar Value of Contract: $394,856.50 Current Year Portion: same
Budgeted?Yes[] No ❑ Account Code: 001-20501-530490-$225,291.50
Grant: $ 101-20505-530490-$169,565.00
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: For:
(Not included in dollar value above) (e.g., maintenance, utilities,janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date Out
Division Director I I I v Yes❑ NoEa' ((
Risk Mana ement p ��'�3� Yes❑ Nog/ �" I U 31-C:�-
O.M.B./Pr.�r�hasing 10 3 u AV Yes❑ NoQ/ ) ((
County Attorney 10/29/12 Yes❑ No® Suzanne A. Hutton 10/29/12
Comments:
WASTEWATER CONNECTION AGREEMENT
THIS AGREEMENT made and entered this day of November, 2012 by and
between the City of Marathon, Florida ("City"), a Florida municipal corporation, and Monroe
County, Board Of County Commissioners ("Owner or Lessee"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West,Florida 33040.
WITNESSETH
WHEREAS,the City owns, operates, and manages a wastewater utility; and
WHEREAS, the City has adopted a set of policies and procedures to enforce mandatory
wastewater connections in accordance with Chapter 99-395, Laws of Florida and Chapter 34 of
the Marathon Code; and
WHEREAS, on or about August 10, 2010, the City has sent the statutorily required
notice informing all affected properties that the City's wastewater system is available and that
connection is required within 360 days; and
WHEREAS, Owner or Lessee desires to connect to the City's wastewater system and
has elected to finance the costs of connection as a charge as delineated in paragraph 3(B) paid
directly to the City of Marathon.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties hereto agree as follows:
1. RECORD OWNER. Owner or Lessee represents that he, she or it is a long term
lessee, or vested with fee simple title of record to the Properties with tax parcel identification
numbers as shown on Exhibit A.
The Properties listed in Exhibit A are the subject of this Agreement. Owner or
Lessee represents and warrants that it has full authority to enter into and sign this Agreement.
2. CONNECTION AND CONNECTION COSTS.
(A) Owner or Lessee agrees to undertake the decommissioning of Owner or Lessee's
septic systems (if applicable) and to connect to the City's wastewater system no later than 30
days after receiving the 30 day notice of availability. If applicable, the decommissioning and
conversion will be in accordance with applicable State of Florida regulations.
(B) Owner or Lessee is responsible for payment of applicable City Connection Costs,
as provided below, and shall pay for monthly wastewater service pursuant to the City's duly
adopted rates.
(C) The total Connection Costs for the Properties described herein is $394,856.50,
and the payment options are outlined in Paragraph 3B of this Agreement.
Page 1 of 5
3. CONNECTION COSTS AND WASTEWATER UTILITY PROGRAM AS
ANNUAL CHARGES.
(A) The Owner or Lessee hereby consents and requests to have the Connection Costs,
and its proportionate costs related to the administration and collection of the City's wastewater
utility program paid in accordance with the selected payment option in paragraph B. The costs
related to the administration and collection of the wastewater utility program, include, but are not
limited to: (1) costs related to the annual implementation and administration of the assessment
program; and (2) all other costs and expenses reasonably related to the wastewater utility
program (collectively the "Wastewater Utility Program Costs").
(B) The Connection Costs, Connection Cost Overages, Wastewater Utility Program
Costs, plus accrued interest and penalties, if any, shall be collected as a charge paid by the
Owner or Lessee as indicated below until the total Connection Costs, Wastewater Utility
Program Costs,plus accrued interest and penalties, if any, have been paid to the City in full:
The total amount to be paid by the Owner or Lessee to the City shall be
$394,856.50. The Owner or Lessee agrees the payment of$394,856.50 shall be
made on or before December 31, 2012, or 6% annual interest will be applicable to
any unpaid balance. The starting date of any such interest is November 1, 2012.
(C) The Property will be specially benefited by the provision of wastewater service by
the City. The provision of wastewater collection and treatment services will enhance the
utilization and enjoyment of the Property by providing: (1) access to wastewater collection and
treatment facilities to the Owner or Lessee and occupants of property for the proper, safe, and
cost effective treatment and disposal of wastewater generated on such property, which improves
the utilization, marketability and development potential of said properties; (2) better, consistent
and environmentally compliant service to Owner or Lessee and occupants; (3) the enhancement
of environmentally responsible use and enjoyment of property, and (4)the protection of property
values and the health and safety of the Owner or Lessee and occupants of property.
(D) The special benefits to be provided to the Property by the provision of wastewater
services bear a logical relationship to the methods used to calculate and apportion the Connection
Costs. The wastewater utility program provides an equitable method of funding the Connection
Costs, which costs are fair and reasonable and in proportion to the special benefits received by
the Property.
(E) Any changes to the use of the property after the date of the execution of
this Agreement requiring wastewater system capacity in excess of the EDU's covered by this
Agreement will result in an adjustment in the wastewater system assessment against the
Property.
(F) The terms, conditions, and assumptions of the wastewater utility program, which
are contained in the Initial Assessment Resolution adopted by the City, including but not limited
to: (1) assignment of Connections and EDUs to the Property; (2) assignment of the Connection
Costs to the Property; (3) computation of the assessment amounts; and (4) reallocation of the
Page 2of5
annual assessments upon subdivision of the Property are fair and reasonable and in proportion to
the special benefits to be provided to the Property.
(G) The Owner or Lessee recognizes that installments of the wastewater utility
program are an integral component of the utility service provided to the Owner or Lessee's
Property by the City.
(H) In the event of non-payment of the Connection Costs, Connection Cost Overages,
Wastewater Utility Program Costs, plus accrued interest and penalties, if any,the City shall have
the right to collect any and all amounts due in accordance with the City's established utility
billing practices; including the cessation of all utility services, or to initiate a mandamus or other
appropriate action to compel payment. All costs, fees, and expenses, including reasonable
attorney's fees and title search expenses, related to any mandamus or other action as described
herein, shall be included in any judgment or decree rendered therein and the Owner or Lessee
shall be liable for all such costs incurred by the City and the same shall be collectible as a part of
or in addition to, the costs of the action.
(I) OWNER OR LESSEE'S OBLIGATION TO PAY UNDER THIS AGREEMENT
IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS. OWNER OR LESSEE'S FAILURE TO PAY
UNDER THIS AGREEMENT, HOWEVER, SHALL ENTITLE THE CITY TO
IMMEDIATELY CEASE ALL WASTEWATER UTILITY SERVICES TO THE PROPERTY.
4. ENTIRE AGREEMENT.
(A) This Agreement constitutes the entire agreement between the parties pertaining to
the subject matter hereof, and supersedes all prior and contemporaneous agreements,
understandings, negotiations and discussions of the parties, whether oral or written, and there are
no warranties, representations or other agreements between the parties in connection with the
subject matter hereof, except as specifically set forth herein.
(B) No amendment, supplement, modification, or waiver of this Agreement shall be
binding unless executed in writing by both parties hereto. No waiver of any of the provisions of
this Agreement shall be deemed or shall constitute a waiver of any other provision of this
Agreement, whether or not similar, unless otherwise expressly provided.
5. BINDING EFFECT. This Agreement shall be recorded in the Public Records of
Monroe County and, to the extent provided herein, shall be binding upon the City, Owner or
Lessee and the Owner or Lessee's successors in interest to the Property.
6. CONSTRUCTION.
(A) This Agreement shall not be construed against any party based on it being the
drafter of the Agreement. The parties agree that the parties herein played an equal part in
reciprocity in drafting this Agreement.
Page 3 of 5
(B) Capitalized terms contained herein shall have no more force or effect than
uncapitalized terms.
(C) Captions and section headings in this Agreement are provided for convenience
only and shall not be deemed to explain, modify, amplify, or aid in the interpretation,
construction, or meaning of this Agreement.
(D) There are no third party beneficiaries to this Agreement. This Agreement is
entered into exclusively for the benefit of the parties herein.
(E) It is understood by the parties that this Agreement is a unified Agreement and if
any provision hereof or application thereof to any person shall be held invalid or unenforceable,
such holding shall invalidate and render unenforceable all other provisions hereof.
7. APPLICABLE LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
8. JURISDICTION AND VENUE. The parties to this Agreement expressly
consent to the jurisdiction of and agree to suit in any court of general jurisdiction in the State,
whether state, local or federal, and further agrees that venue shall lie in Monroe County, Florida.
9. RECORDING. This Agreement shall be recorded, at Owner or Lessee's expense
in the Public Records of Monroe County, Florida.
THIS AGREEMENT SHALL BE RECORDED IN THE PUBLIC RECORDS OF MONROE
COUNTY, FLORIDA. THE ACKNOWLEDGMENTS CONTAINED HEREIN SHALL RUN
WITH THE PROPERTY AND SHALL BE BINDING ON THE OWNER OR LESSEE AND
ON ALL PERSONS (INCLUDING CORPORATIONS, ASSOCIATIONS, TRUSTS, AND
OTHER LEGAL ENTITIES) TAKING TITLE TO, OR POSSESSION OF ALL OR ANY
PART OF THE PROPERTY, AND THEIR SUCCESSORS IN INTEREST. BY TAKING
TITLE OR POSSESION SUCH PERSONS SHALL BE DEEMED TO HAVE CONSENTED
AND AGREED TO THE PROVISIONS OF THIS AGREEMENT TO THE SAME EXTENT
AS IF THEY HAD EXECUTED IT AND BY TAKING SUCH TITLE OR POSSESION SUCH
PERSONS SHALL BE ESTOPPED FROM CONTESTING, IN COURT OR OTHERWISE,
THE VALIDITY, LEGALITY, AND ENFORCEABILITY OF THIS AGREEMENT OR THE
COLLECTION COSTS.
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first
above written.
CITY OF MARATHON,FLORIDA
Roger T. Hernstadt, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM AND LEGALITY FOR THE USE
AND RELIANCE OF THE CITY OF MARATHON,FLORIDA ONLY:
City Attorney
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS:
By:
Print Name:
Its:
WITNESSES:
Print Name: IONROE COUNTY ATTORNEY
PROVED AS TO
` �SSUU7.-AWEPA".HUTTON
1d COU NEY
Print Name:
1824190112-4 1854470 v3 Page 5 of 5
CITY OF MARATHON EXIIIBITA
WASTEWATER ASSESSMENT
MONROE COUNTY
NO PARCEL DESCRIPTION ADDRESS EDUS CONNECTION AMOUNT
1 0099540-000000 Medical Examiner/Fire Training 55639 Overseas Highway/ 44 S 20,596.40
0.5 S 52450
2 0099540-000000 Monroe Fire Training Center& 55633 Oversesas Hwy 22 S 10,298.20
Monroe Fire Shower Facility 55633 Oversews Hwy TBD 0 5 S 524.50
3 00103360-000000 Department of Health 3333 Overseas Highway 1 S 4.681.00
1 $ 1,049.00
4 00339920-000000 Monroe County Government Annex 490 63rd Street 2.5 $ 11,702.50
1 $ 1,049.00
5 00101940-000000 Monroe County Government Center 2798 Overseas Highway 5.6 S 26,213.60
0.5 S 524.50
Monroe County Leased Habitat for
6 00330210-000000 Humanity Housing 8050 Bonito Drive I $ 4,681.00
1 $ 1,049.00
Monroe County Leased Habitat for
7 00343090-000000 Humanity Housing 1005 W 75th Street Ocean 1 $ 4,681.00
1 $ 1,049.00
Monroe County Leased Habitat for
8 00343090-000000 Humanity Housing 1007 W 75th Street Ocean 1 $ 4,681.00
1 $ 1,049.00
9 00102310-000000 Clerk of Circuit Court/ 3117 Overseas Highway 4 1 $ 19,192.10
Tax Collector 05 $ 524.50
10 00103350-000000 Marathon Jail 3981 Ocean Terr 36 $ 168,516 00
1 $ 1,049.00
11 00102310-000000 Marathon Library 3251 Overseas Highway 3 1 S 14,511.10
1 S 1,049.00
11 00102310-000000 Senior Center 33rd Street(no specific addr) 15 S 7,021.50
1 S 1,049.00
12 00102310-000000 Sheriffs Office 3103 Overseas Highway 18.6 $ 87,066.60
0,5 $ 524,50
TOTAL AMOUNT DUE: S 394,856.50
10/26/2012