HomeMy WebLinkAbout1st Amendment 01/15/2025 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: March 13, 2025
TO: Brittany Burtner, Sr. Administrator
Marine Resources
FROM: Liz Yongue, Deputy Clerk
SUBJECT: January 15, 2025 BOCC Meeting
The following item has been executed and added to the record:
Jl 1 st Amendment to an Interlocal Agreement between the Monroe County Board
of County Commissioners and the City of Key West to Partner to Provide Shoreside Facility
Services for the Man of War Harbor Mooring Field.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN CITY OF KEY WEST AND MONROE COUNTY,FLORIDA
THIS AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into
this 15th day of -Janua� 2�025 between the Monroe County Board of County Commissioners
("Monroe County",the "County", or the `BOCC"), a political subdivision of the State of Florida,
and the City of Key West, a municipal corporation organized and existing under the laws of the
State of Florida("City"), who shall hereafter be cumulatively referred to as "the parties".
WITNESSETH:
WHEREAS, on September 18, 2024, the parties entered into an Interlocal Agreement to
mutually agree in writing that Monroe County shall provide, manage, and maintain the Man of
War Harbor Mooring Field proper and that the City of Key West shall provide, manage, and
maintain the upland shoreside facility and associated services for Man of War Harbor Mooring
Field tenants; and
WHEREAS,the undersigned parties desire to enter into this Amendment modifying said
Agreement; and
WHEREAS, amendment of said Agreement is deemed in the best interest of the health,
safety, and welfare of the citizens of Monroe County and the general public;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the
parties agree to as follows:
1. Section 3.5 of the September 18, 2024 agreement is hereby amended to read:
FROM: In coordination with the CITY, the COUNTY shall monitor dinghy dock usage and
swipe-card bathroom occupancy counter documenting usage of the shoreside bathhouse and,
in the event that such data evidences occupancy exceeding reasonable capacity,the
COUNTY agrees to assist the CITY in the upgrade or replacement of the facility as
necessary.
TO: FACILITY USAGE MONITORING AND UPGRADE AGREEMENT
1. Monitoring Obligations:
The CITY, in coordination with the COUNTY, shall monitor the usage of the dinghy
dock and swipe-card bathroom facilities utilized by dinghy dock patrons.
2. Established Maximum Ca acities of S ecific Facilities:
The maximum capacities for each facility are as follows:
a. Din -h, Dock: 527 dinghies per month.
b. Women's Bathroom: 995 uses per month.
c. Men's Bathroom: 995 uses per month.
3. Recorded Usage of S )ecific Facilities 2024 :
As of 2024,the recorded maximum monthly usage for the monitored facilities is as
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follows:
a. Dingh Dock: 527 dinghies per month.
b. Women's Bathroom: 423 uses per month.
c. Men's Bathroom: 995 uses per month.
4. Tri erin Event for Facili r Im rovements:
If the monitored(documented) usage of any facility meets or exceeds its respective
maximum capacity under either of the following conditions,the COUNTY shall assist the
CITY in upgrading or replacing the specific affected facility(ies):
a. If usage exceeds the maximum capacity for three (3)months within any twelve (12)-
month period; or
b. If usage exceeds the maximum capacity by twenty percent(20%) in any single month.
5. Sco De of COUNTY Assistance:
Upon the occurrence of a triggering event under Section 4.,the COUNTY agrees to
provide support to upgrade or replace the specific facility (i.e., dinghy dock space(s),
women's bathroom, or men's bathroom)to accommodate the documented increased
demand. The extent of the COUNTY's support shall be proportionate to the demonstrated
need, as determined by the documented increased demand resulting from usage of the
mooring field. For example, if usage of the mooring field results in a need for an
additional twenty (20) dinghy dock spaces,the COUNTY shall install twenty (20)new
spaces.
6. Feasibility Constraints:
The COUNTY's obligation to assist in facility upgrades or replacements is contingent
upon the feasibility of such actions within physical constraints and practical constraints of
the availability to Monroe County of Florida Boating Improvement Grant funding and/or
Boating Infrastructure Grant Program funding, and/or Boating Improvement Fund
(subject to the requirements of Florida Statutes Section 328.72(15))funding, to pay for
the needed facility upgrades or replacements.
7, This Agreement sets forth the obligations and conditions for facility usage monitoring
and potential upgrades and shall be binding upon both the CITY and the COUNTY.
2. Section 5.1 of the September 18, 2024 agreement is hereby amended to read:
FROM: This Agreement shall become effective upon execution by both parties and continue
in force for ten (10) years unless terminated by either party by providing the other party
written notice of termination,which must be given at least one hundred eighty (180) days in
advance of the effective date of termination. The parties may otherwise agree to extend the
term of this Agreement by a fully executed amendment to this Agreement made by each
party's duly authorized representative or governing body.
TO: This Agreement shall become effective upon execution by both parties and shall
continue in force for an initial term of ten (10)years. Thereafter,this Agreement shall
automatically renew for successive ten (10)year terms unless terminated by either party by
providing written notice of termination to the other party at least one hundred eighty (180)
days prior to the expiration of the then-current term. The parties may otherwise agree to
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extend the term of this Agreement by a fully executed amendment to this Agreement made
by each party's duly authorized representative or governing body.
3. All of the other terms, covenants, conditions, and provisions of said original Agreement,
except those expressly modified and rendered inconsistent by this Amendment,remain in full
force and effect and binding upon the parties.
4. Each party agrees that they have authority to execute this Amendment on behalf of each
party and represents and warrants that such person has the full right and authority to fully
bind such party to the terms and obligations of this Amendment.
5. This Amendment is binding on the successors and assigns of the parties.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
SIGNATURE PAGE TO FOLLOW
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IN WITNESS:WHEREOF,the.parties have executed this Agreement as indicated below.
BOARD-OF COUNTY
COMMISSIONERS OF.MONROE.
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'17.T'Iyor James K. Scholl
(SEAL) +,,:;. ,,
• s, y:;' ATTEST: K4:vin Madok, Clerk APPROVED AS TO FORM
,t s{ „ sz AND.L:EGAL SUFFICIENCY
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As eputy Clerk -- . �._,.
.PET•ER'MORRIS
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pate:
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Assistant Monroe County: torney
Y O KE .
T EST,•FLORIDA
Mayor
ate:. .•
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APPROVED AS TO FORM:AND
(SEAL) LEGALITY FOR THE USE AND. : .
RELIANCE:OF CITY .
Y:W .S./:,:. i • .• .
•• ATTEST: Keri O'Brien, City:Clerk FLORIDA ONLY::
BY:
Clerk
BY: , .
• :
'Printed Na •• BY:
Printed Name: �''` "�
IN WITNESS WHEREOF,the parties have executed this Agreement as indicated below..
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By: _ __ ......
Mayor James K. Scholl
(SEAL)
ATTEST: Kevin Madok, Clerk APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY:
BY
As Deputy Clerk �
Assistant Monroe Count..... ........_.........
y Attorney
C, 11 Y 1F KEY WEST,FLORIDA
w..... ayor ..._ ✓
Date: '
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF CITY OF KEY WEST,
i O'Brien/City Clerk FLORIDA ONLY:
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Printed Name:
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Printed Name:
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