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HomeMy Public PortalAbout1991-01 Transfer from Metro Dade County of Building and Zoning Functionsmasoivriorr q ► -v 1 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE APPROVING AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE VILLAGE OF KEY BISCAYNE PROVIDING FOR TRANSITION IN THE TRANSFER OF BUILDING AND ZONING FUNCTIONS. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF KEY BISCAYNE, FLORIDA THAT: Section 1. The attached agreement between Metropolitan Dade County and the Village of Key Biscayne providing for a transition in the transfer of Building and Zoning functions is hereby approved and the Mayor and Interim Village Clerk are hereby authorized, in their respective capacities, to execute said agreement on behalf of the Village of Key Biscayne. Section 2. This resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPI'1 I) by a 64c I vote of the Board of Ttustees this 14th day of October , 1991. ATTEST: INTERIM VILIAGE CLERK APPROVED: INTERIM VILLAGE ATTORNEY AGREEMENT entered into this day Agreement 1544 of , 1991, by and between the Village of Key Biscayne, a municipal corporation of the State of Florida, hereinafter referred to as the "VILLAGE;" and Dade County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY," WITNESSETH: WHEREAS, the VILLAGE charter was approved by the Citizens of Key Biscayne on June 18, 1991; and WHEREAS, both the COUNTY and the VILLAGE are interested in insuring that there be a smooth transition in the transfer of building and zoning functions, NOW THEREFORE, in consideration of the above and other good and valuable consideration, the parties hereto agree as follows: A. SCOPE OF SERVICES 1. The COUNTY will, through the Building and Zoning Department, receive and process permit applications for any new construction, alterations and improvements on real property within the jurisdiction of the VILLAGE, all in accordance with current practice for the unincorporated area of Dade County . This will include the issuance of all required subsidiary permits such as electrical, plumbing, mechanical, roofing, gas, etc. It will also include the performance of all required inspections and the issuance of applicable Certificates of Completion (CC's) and/or Certificates of Occupancy (CO's). 2. The COUNTY will use current County forms for all permit applications and related building and zoning services provided for the VILLAGE. 3. All applications for permits to do work in the VILLAGE shall be made at the COUNTY's Building and Zoning Department offices. All requests for inspections shall be made by calling the COUNTY's Building and Zoning Department. 4. The VILLAGE shall review and process all permit applications for zoning compliance and show zoning approval by a stamp or mark with authorized signature of the individual so approving on all copies of the applications and plans. The VILLAGE shall take all steps necessary to expedite such zoning compliance approval on daily walk-through as well as drop-off permit applications. 5. The COUNTY will maintain records in accordance with current practice for the unincorporated area of Dade County. 6. The COUNTY will provide the VILLAGE with a monthly activity report of all services provided for the VILLAGE. 7. , The COUNTY will process zoning applications in accordance with current practice for the unincorporated area of Dade County and submit factual background to the VILLAGE. The VILLAGE will make the final determination and so advise the COUNTY. 8. If requested by the VILLAGE, the COUNTY will provide enforcement services, on a case by case basis, concerning building code and zoning violations as well as contracting and minimum housing violations. These services will include the issuance of notices of violation, citations and liens on property. The fees for these services, if requested, will be in accordance with Section B below. B. FEES The COUNTY and the VILLAGE agree that the County will charge the applicant and other third parties fees for Building and Zoning services as outlined in County Administrative Order 4-63A, as amended. These fees plus fees collected for other Dade County departments will be retained by the COUNTY as compensation for services performed. Code Enforcement activities will be charged to the VILLAGE at the rate of $350.00 per case and the COUNTY will retain any revenues from permits, tickets or liens paid. Fees and 411111111111111., 4 administrative costs collected as a result of enforcement -cases initiated under Chapter 17, 17A and 17B of the County Code and Section 202 of the South Florida Building Code (SFBC) will be retained by the COUNTY. C. PENDING APPLICATIONS t t All Building and Zoning applications received prior to June 18, 1991 will be processed in accordance with standard operating procedures in effect at the time of filing. Notice will be given to the VILLAGE of all pending actions. The VILLAGE may submit concerns and recommendations to the COUNTY. All building and zoning related applications filed after June 18, 1991 and still pending on the effective date of this Agreement will be processed in accordance with this agreement. D. INDEMNIFICATION AND HOLD HARMLESS In connection with this Agreement the VILLAGE shall indemnify and save harmless the COUNTY from any and all claims, liability, losses and causes of action, to the extent of the limitations included within Florida Statutes, Section 768.28. However, nothing herein shall be deemed to indemnify the COUNTY for any liability or claims arising solely out of negligence by the COUNTY. i E. TAM This agreement will be in effect from the date of its execution and will continue until September 30, 1992 unless ..previously terminated. F. TERMINATION This contract may be terminated by either party upon 30 days written notice. Notice must be directed to the Dade County Manager and the Key Biscayne Village Mayor. G. NO THIRD PARTY BENEFICIARIES This contract is solely between the VILLAGE and the COUNTY and will not create any third party beneficiary rights or status. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on their behalf as to the date first above written. ATTEST: BEATRIS M. ARGUELLES, INTERIM VILLAGE CLERK ATTEST: MARSHALL ADER, CLERK VILLAGE OF KEY BISCAYNE, A Municipal Corporation By: (SEAL) DADE COUNTY, a political subdivision of the State of Florida By: By this Board of County Deputy Clerk Commissioners By: County Manager