Item 8DAGENDA ITEM # 8D
OCTOBER 22, 2007
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF ATLANTIC BEACH, FLORIDA,
AND THE CITY OF NEPTUNE BEACH, FLORIDA
AGREEMENT made and entered into in Duval County, Florida, between the CITY OF
ATLANTIC BEACH, FLORIDA, a Florida municipal corporation (hereinafter "Atlantic
Beach"), and the CITY OF NEPTUNE BEACH, FLORIDA, a Florida municipal corporation
(hereinafter "Neptune Beach"), and which shall become effective upon its filing with the Clerk of
the Circuit Court of Duval County, Florida.
WHEREAS, the commercial area known as Town Center lies partially within the
boundaries of both Atlantic Beach and Neptune Beach, and
WHEREAS, Town Center includes various commercial enterprises, including
restaurants, hotels/motels, retail shops, and the like, and
WHEREAS, Atlantic Beach and Neptune Beach desire to jointly plan for zoning, public
facilities, and the provision of municipal services for the businesses in Town Center and their
guests, customers, and invitees, and
WHEREAS, issues to be addressed by both cities include planning, zoning, landscaping,
sidewalks, benches and other streetscaping, parking, stormwater management, traffic safety,
special events, and holidays, and
WHEREAS, this Agreement is authorized by Florida Statutes Section 163.01, which
authorizes the joint exercise by agreement of two or more public agencies of any power common
to them.
NOW THEREFORE, in considerationof the mutual covenants and promises contained
herein, together with other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
AGREED as follows:
1. RECITALS. The above recitals are true and correct and form a material part of
this Agreement upon which the parties have relied.
2. DESCRIPTION OF AREA. The commercial area known as Town Center,
which lies partially within the boundaries of both Atlantic Beach and Neptune Beach, is described
as follows:
[Insert description for Town Center]
AGENDA ITEM # 8D
OCTOBER 22, 2007
3. MUNI _C_IPAL REGULATIONS. Both cities shall attempt to mal d
pew ='-'~~insure that changes in zoning and other regulations made by one city do not
adversely affect the other city. Neither city shall adopt or make changes to zoning and other
regulations relating to Town Center without first consulting with the other city. Major changes
proposed to zoning and other regulations shall be referred to either a standing or ad hoc
committee for recommendations. Likewise, major changes proposed to landscaping,
streetscaping, and public facilities (i.e., parking) shall be coordinated between the cities prior to
any final changes being made. Minor changes on all such items, as well as normal maintenance,
shall be coordinated between the cities' managers and staff.
4. COMMITTEES. The cities may jointly appoint committees ~ addendum from
time to time as needed for specific purposes. Such committees may be standing committees or ad
hoc committees, shall be appointed by the elected bodies of each city, and may have sunset
provisions. Members of such committees may include elected officials, staff members,
representatives from business interests in the Town Center area, and citizens from both cities.
The chairmen of each committee shall be appointed alternately the Mayor of Atlantic Beach or
the Mayor of Neptune Beach upon the approval of the non-appointing manor.
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56. MANAGEMENT. The cities' managers and staff shall manage the provision of
services and enforcement of municipal codes and regulations in their respective areas of Town
Center. Permits shall be required for any events that will occur in public rights of way, for any
signs or banners placed in such rights of way, and for all trash cans, benches, and other
streetscape items placed in such rights of way.
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AGENDA ITEM # 8D
OCTOBER 22, 2007
67. PRIOR AGREEMENT. This Agreement acknowledges the existence of and
support for the maintenance agreement signed by the cities of Atlantic Beach, Neptune Beach and
Jacksonville dated , 2000, which addresses joint maintenance of landscaping
and streetscaping.
7~. IMPLEMENTATION. The parties shall take any and all necessary and
appropriate actions as may be required to implement this Interlocal Agreement.
89. TERM. This Interlocal Agreement shall take effect upon its filing with the Clerk
of the Circuit Court of Duval County, Florida, as required by Section 163.01(11), Florida
Statutes. The effective date of this Interlocal Agreement will be the date of recording. This
Agreement may be terminated only by written mutual agreement of the parties.
9.18. BINDING EFFECT. Each party represents to the other that is has undertaken all
necessary actions to execute this Agreement and that it has the legal authority to enter into this
Agreement and to undertake all obligations imposed upon it.
IN WITNESS WHEREOF, the parties have executed this Interlocal Agreement on the
date below their signatures.
CITY OF ATLANTIC BEACH CITY OF NEPTUNE BEACH
By
James R. Hanson, City Manager
ATTEST:
Date:
2007
Approved as to form and legality:
Alan C. Jensen, Esquire
City Attorney
By
James R. Jarboe, City Manager
ATTEST:
Date:
2007
Approved as to form and legality:
Christopher A. White, Esquire
City Attorney
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AGENDA ITEM # SD
OCTOBER 22, 2007
ADDENDUM "A" TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF ATLANTIC BEACH. FLORIDA.
AND THE CITY OF NEPTUNE BEACH FLORIDA
PARKING COMMITTEE. The cities shall appoint a parking_ committee to address parking
conditions and solutions in Town Center. as follows:
(a) The purpose of said committee is to explore ways to provide more and
improved parking for customers of Town Center businesses, citizens beachgoers and employees
of Town Center businesses.
(b) The committee shall provide a written report to the elected bodies of each
city addressini; creation of new public or private parking facilities, acquisition of new or existing
parking facilities, various financing options, and regulation of bothpublicly owned and on-street
parking and any other parkin
(c) The committee shall consist of nine (9) members, four (4) from each city
appointed as each city sees fit, and the chairman as set forth below. The committee shall be
appointed immediately after the effective date of this Agreement and shall continue until a final
written report is submitted to the cities or six (6) months, whichever shall first occur.
(d) The chair of the Parking Committee who shall be the ninth (9~`) member
shall be appointed by the Mayor of Neptune Beach with the approval of the Mayor of Atlantic
Beach.