11/21/2001 Agreement Cleft ofMe
Circuit Court Danny L.Kolhage
Phone:2923550 Fax:295-3663
Memorandum
To: Tim McCarty,Director
Growth Management Division
From: Isabel C.DeSantis,
Deputy Clerk
Date: Tuesday,December 11,2001
At the BOCC meeting of November 21,2001,the Board granted approval and
authorized execution of a Tri-Party Agreement between the City of Marathon,Florida,
the State Department of Community Affairs,and Monroe County,Florida,concerning a
portion of the 88 temporary exempt from ROGO permits.
Attached hereto are three duplicate originals executed by Monroe County and the
City of Marathon for your handling. Please be sure that the copy marked "Clerk's
Original" is returned to this office as quickly as possible. Should you have any
questions concerning the above,please do not hesitate to contact this office.
cc: County Attorney
Finance
File
Monroe County Clerk's Original
TRI-P ARTY AGREEMENT BETWEEN
THE CITY OF MARATHON, FLORIDA, STATE
DEPARTMENT OF COMMUNITY AFFAIRS,
AND MONROE COUNTY, FLORIDA
This Agreement ("Agreement") is entered into by and between the City of Marathon,
Florida ("City"), the State of Florida Department of Community Affairs ("Department"), and
Monroe County, Florida ("County") to allocate a portion of the eighty-eight (88) new residential
permits identified in Rule 28-20.100 F.A.C. (approved by the Administration Commission on
June 11, 1999) between the City and the County.
WITNESSETH
WHEREAS, the City and County have been declared an Area of Critical State Concern
pursuant to Sections 380.05 and 380.0552, Florida Statutes; and
WHEREAS, the County has adopted a Comprehensive Plan and Land Development
Regulations, approved by the State as required by law; and
WHEREAS, pursuant to Chapter 99-427, Laws of Florida, the Comprehensive Plan and
Land Development Regulations of Monroe County, as they existed on November 30, 2000, are
the transitional Comprehensive Plan and Land Development Regulations of the City; and
WHEREAS, the County is authorized under its Comprehensive Plan and Land
Development Regulations to issue up to one-hundred eighty-two (182) new residential ROGO
permits per year; and
WHEREAS, the County is authorized by Rule 28-20.100 F.A.C. (the "Rule") to issue
eighty-eight (88) new residential permits (the "Temporarily Exempt ROGO Allocations") in
Year five (5) of the Monroe County Work Plan; and
WHEREAS, the City and County are required to issue development orders only
in conformity with their approved Comprehensive Plans and Land Development Regulations;
and
WHEREAS, the Department is the state land planning agency with the power and duty
to exercise general supervision of Part I of Chapter 380, and Part II of Chapter 163, Florida
Statutes, and to enter into agreements pursuant to Section 380.032(3), Florida Statutes, to
effectuate the provisions and purposes of the acts and any rules promulgated thereunder; and
WHEREAS, the Department is authorized by section 380.07, Florida Statutes, to appeal
any City or County development order to the Florida Land and Water Adjudicatory Commission
if the development order does not comply with the Comprehensive Plan and Land Development
Regulations of the City or County, or the Principles for Guiding Development.
NOW, THEREFORE, the City and County do mutually agree as follows:
1. Allocations. During year five (5) of the Work Plan set forth III the City
Comprehensive Plan, twelve (12) Temporarily Exempt ROGO Allocation awards shall be
allocated to the City for distribution in accordance with the permit allocation system in the City
Comprehensive Plan and Land Development Regulations. Furthermore, the County specifically
acknowledges and recognizes that based upon this Agreement, the total number of Temporarily
Exempt ROGO Allocations apportioned to it in the Rule shall decrease by twelve (12). The City,
however, in Year six (6) of the Work Plan must make up the twelve (12) nutrient reduction credit
deficit, or reduce the number of ROGO allocations it may issue in year six (6) of the Work Plan
by the remaining number of unearned nutrient reduction credits.
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2. In recognition of the value of these twelve (12) permits and in acknowledgement
of the fact that these permits were not tied to any geographic area, the City will pass to the
County in return for this transfer twelve (12) nutrient credits from those earned from the
construction of the Little Venice Wastewater Facility within thirty (30) days of the effective date
of the DCA proposed Monroe County and City of Marathon Rules. The City of Marathon
intends to continue to share these nutrient reduction credits for affordable housing, which are in
excess of those required by the Marathon community until construction of the Marathon Central
Wastewater System occurs.
3. Comprehensive Plan Amendments. The City and County acknowledge and
recogmze this Agreement is temporary in nature, and the City must adopt its own
Comprehensive Plan. The City shall ensure the actions required herein are completed no later
December 31, 2003.
4. Termination of Agreement. As the eighty-eight (88) residential permits will only
be available in the fifth (5th) year of the Monroe County Work Plan, this Agreement shall
terminate upon the issuance of the twelve (12) residential permits to Marathon and the
subsequent passage of twelve (12) earned nutrient credits from the Little Venice wastewater
treatment facility to unincorporated Monroe County.
5. Notices. All notices must be in writing and addressed as follows (or to any other
address which either party may designate by notice):
If to City:
Robert Miller
Mayor
City of Marathon
Post Office Box 500430
Marathon, Florida 33050
3
With a COPy to:
If to Department:
With a copy to:
If to County:
With a COPy to:
John R. Herin, Jr., Esq./Nina L. Boniske, Esq.
City Attorney
Weiss Serota Helfman Pastoriza & Guedes. P.A.
2665 South Bayshore Drive, Suite 420
Miami, Florida 33133
Growth Management Administrator
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
DCA Keys Field Office
Marathon Regional Service Office
2796 Overseas Highway, Suite 212
Marathon, Florida 33050
Mayor
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Director of Growth Management
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Any notice shall be deemed to have been duly given if sent by certified mail, return receipt
requested, postage and fees prepaid; hand delivered; or sent by overnight delivery service.
6. Miscellaneous.
a. If any term or proVISIon of this Agreement shall be invalid or
unenforceable to any extent, the remaining terms and provisions shall not be affected thereby;
and each remaining term and provision shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms and provisions would
prevent the accomplishment of the original intent of the agreement between the parties.
4
b. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement has been duly authorized by all necessary corporate or other
organizational action, as required.
7. Effective Date. This Agreement shall become effective upon execution by all of
the parties.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST:
CITY OF MARATHON
-i!~~ tI ~
City Clerk
By:
John Bartus, Vice-Mayor for
Robert Miller, Mayor
Date: MotJentber I;;;, .;2..00 I
Approved as to form and sufficiency:
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City Attorney
Approved as to form and sufficiency:
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Assistant G~nSel
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ATTEST:
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,
Clerk/Deputy Clerk
D.C.
Approved as to form and sufficiency:
County Attorney
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
pt
Charles "Sonny" McCoy
Date: t-J a "..........'b4..f'" ~\I ~cc \
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