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Resolution 098-1984 , Charles P. Aguero, Director Municipal Services District RESOLUTION NO. 098-1984 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND DUCK KEY PROPERTY OWNERS ASSOCIATION, INC. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Duck Key Property Onwers Association, Inc., a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 23rd day of March, A.D. 1984. BOARD OF C~zNTY COMMISSIONERS OF MO~RO 0~UNT~'! _ tDA --.-a--~ ;X 6--L.<2---Y1-~ By Chairman (Seal) Attest: DANNX L. KOLHAGE, Clerk ,X~lY\.P~IOC Clerk BY A G R E E MEN T THIS AGREEMENT made this ~ l"d day of fV\ (.\-<<.c.h by and between the County of Monroe, State of Florida, a political subdivision of the State of Florida (hereinafter referred to as COUNTY) and Duck Key Property Owners Association, , 1984, Inc., a Florida Corporation (hereinafter referred to as D.K.P.O.A.). WITNESSETH: WHEREAS, the COUNTY has both the power and the duty to enforce Monroe County Code Section 8-30, which is entitled "Premises To Be Cleaned Of Debris And Noxious Materials", and WHEREAS, said Ordinance requires that lands in subdivisions and outside of subdivisions including vacant lands and/or improved property with residences thereon within the unincorporated areas of the County be cleared of debris and any noxious materia1,and WHEREAS, said clearing is to occur no less than once every three (3) months as follows: Once during the period from January 1st through March 31st; once during the period from April 1st through June 30th; once during the period from July 1st through September 30th; and once during the period from October 1st through December 31st, and WHEREAS, said Ordinance dictates that the Director of the Municipal Service District is required to make written demand on such property owners that are in violation of this Ordinance by United States mai1i return receipt requested, directed to that property owner's address as shown on the current tax rolls of the County directing that said property be cleared in accordance with the provisions of the applicable section of that ordinance, and if such demand is not complied with within thirty (30) days from the date thereof, the land described in such demand will be cleared and/or mowed by the Municipal Service District and the costs thereof will constitute a lien on said land, and WHEREAS, D.K.P.O.A. believes it is in the best interests of owners of property located on all of the islands composing what is commonly referred to as Duck Key, which is an unincorporated area of the County, to aid the COUNTY in enforcing this Ordinance, and WHEREAS, the COUNTY and D.K.P.O.A. realize that the COUNTY may not have the manpower or sufficient funds necessary to properly enforce this Ordinance, and WHEREAS, the COUNTY and D.K.P.O.A. believe that it is in the best interests for the health, safety and general welfare of the residents of Duck Key and of the County that this Ordinance be enforced. NOW, THEREFORE, in consideration of the mutual covenants, promises and premises contained herein, the parties agree as follows: 1. That D.K.P.O.A. will notify the Director of Municipal Service District of property owners who in its opinion are in violation of this Ordinance. 2. That upon verification of said violation by the Director, he shall cause to be sent to said property owner the notice as required in Monroe County Code 8-30(c). 3. That upon the failure of the landowner to thereafter clear or mow said property within said thirty (30) day period, the COUNTY shall notify D.K.P.O.A. of said failure, and authorize D.K.P.O.A. as Contractor for the District to enter upon such land and clear and/or mow same. 4. That thereafter D.K.P.O.A., as Contractor of the District, shall cause to have said real property ~leared or mowed and shall thereafter invoice the COUNTY for the reasonable .costs of same. 5. Upon approval of said invoice by the Director of the District, the COUNTY shall thereafter cause to have a lien filed against said property pursuant to Monroe County Code Section 8-30 and shall further invoice said property owner for the amount necessary to at a minimum cover the amount of the invoice from D.K.P.O.A. 6. That at such time that the COUNTY collects funds to pay said invoice or to satisfy the lien, as the case may be, the COUNTY will thereafter forward to D.K.P.O.A. the amount of its approved invoice. It is expressly understood that the COUNTY will be under no obligation to D.K.P.O.A. to pay said invoice until funds are collected from the property owner to pay said invoice or to satisfy the lien. 7. The period of this Agreement shall be from the day of 1984, until written notice is given by either party to this Agreement that they wish same to be terminated. All work previously done by D.K.P.O.A. as a result of this Agreement shall be paid for by the COUNTY at such time as they receive the funds as aforesaid. 8. In the event any covenant, condition or provisions herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided that the invalidity of such covenant, condition or provision does not materially prejudice either party hereto in its respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials the day and year first above written. COUNTY OF MONROE STATE OF FLORIDA By ~. ~'~~~ Mayor & Chairman of the Board of County Commissioners of Monroe County, Florida (SEAL) Attest: DANNY L. KOLHAGE, Clerk ~'{.^:.~ M.P~ c 1 ~r k DUCK KEY PROPERTY OWNERS ASSOCIATION, INC. By President (SEAL) Attest: Secretary A G R E E MEN T THIS AGREEMENT made this ';)'3".l. day of MA~~"" , 1984, by and between the County of Monroe, State of Florida, a political subdivision of the State of Florida (hereinafter referred to as COUNTY) and Duck Key Property Owners Association, Inc., a Florida Corporation (hereinafter referred to as D.K.P.O.A.). WITNESSETH: WHEREAS, the COUNTY has both the power and the duty to enforce Monroe County Code Section 8-30, which is entitled "Premises To Be Cleaned Of Debris And Noxious Materials", and WHEREAS, said Ordinance requires that lands in subdivisions and outside of subdivisions including vacant lands and/or improved property with residences thereon within the unincorporated areas of the County be cleared of debris and any noxious material,and WHEREAS, said clearing is to occur no less than once every three (3) months as follows: Once during the period from January 1st through March 31st; once during the period from April 1st through June 30th; once during the period from July 1st through September 30th; and once during the period from October 1st through December 31st, and WHEREAS, said Ordinance dictates that the Director of the Municipal Service District is required to make written demand on such property owners that are in violation of this Ordinance by United States mail, return receipt requested, directed to that property owner's address as shown on the current tax rolls of the County directing that said property be cleared in accordance with the provisions of the applicable section of that ordinance, and if such demand is not complied with within thirty (30) days from the date thereof, the land described in such demand will be cleared and/or mowed by the Municipal Service District and the costs thereof will constitute a lien on said land, and WHEREAS, D.K.P.O.A. believes it is in the best interests of owners of property located on all of the islands composing what is commonly referred to as Duck Key, which is an unincorporated area of the County, to aid the COUNTY in enforcing this Ordinance, and WHEREAS, the COUNTY and D.K.P.O.A. realize that the COUNTY may not have the manpower or sufficient funds necessary to properly enforce this Ordinance, and WHEREAS, the COUNTY and D.K.P.O.A. believe that it is in the best interests for the health, safety and general welfare of the residents of Duck Key and of the County that this Ordinance be enforced. NOW, THEREFORE, in consideration of the mutual covenants, promises and premises contained herein, the parties agree as follows: 1. That D.K.P.O.A. will notify the Director of Municipal Service District of property owners who in its opinion are in violation of this Ordinance. 2. That upon verification of said violation by the Director, he shall cause to be sent to said property owner the notice as required in Monroe County Code 8-30(c). 3. That upon the failure of the landowner to thereafter clear or mow said property within said thirty (30) day period, the COUNTY shall notify D.K.P.O.A. of said failure, and authorize D.K.P.O.A. as Contractor for the District to enter upon such land and clear and/or mow same. 4. That thereafter D.K.P.O.A., as Contractor of the District, shall cause to have said real property cleared or mowed and shall thereafter invoice the COUNTY for the reasonable costs of same. 5. Upon approval of said invoice by the Director of the District, the COUNTY shall thereafter cause to have a lien filed against said property pursuant to Monroe County Code Section 8-30 and shall further invoice said property owner for the amount necessary to at a minimum cover the amount of the invoice from D.K.P.O.A. 6. That at such time that the COUNTY collects funds to pay said invoice or to satisfy the lien, as the case may be, the COUNTY will thereafter forward to D.K.P.O.A. the amount of its approved invoice. It is expressly understood that the COUNTY will be under no obligation to D.K.P.O.A. to pay said invoice until funds are collected from the property owner to pay said invoice or to satisfy the lien. ~ 7. The period of this Agreement shall be from the~rT day of ~ CbL~ ,1984, until written notice is given by either ...... ----- party to this Agreement that they wish same to be terminated. All work previously done by D.K.P.O.A. as a result of this Agreement shall be paid for by the COUNTY at such time as they receive the funds as aforesaid. 8. In the event any covenant, condition or provisions herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided that the invalidity of such covenant, condition or provision does not materially prejudice either party hereto in its respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials the day and year first above written. COUNTY OF MONROE STATE OF FLORIDA By ~ ~~A~ Mayor & Chairman of the Board of County Commissioners of Monroe County, Florida (SEAL) Attest: DANNY L. KOLHAGE, ~erk ~ '{~.~ t\\.r~ O.c. . ct C1e~ DUCK KEY PROPERTY OWNERS ASSOCIATION, INC. By ~ Jo...~ President (SEAL) Attest: ~ .. secretar~'