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Item 8DAGENDA ITEM # 8D NOVEMBER 13, 2007 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Interlocal Agreement between Atlantic Beach and Jacksonville to address cross-jurisdictional issues for those lots in the Selva Marina Country Club residential development that will be located in both cities. SUBMITTED BY: Sonya Doerr, AICP ~~ Community Development Director DATE: October 29, 2007 BACKGROUND: The Selva Marina Residential PUD was approved in September. Five lots within the project will be located partially in Jacksonville and partially in Atlantic Beach. How these lots will be developed is set forth within the approved PUD. The Interlocal Agreement provides the legal document that establishes these same conditions for both cities. In summary: • Lots that have greater land area in Atlantic Beach will be treated as if they are entirely in Atlantic Beach for the purpose of Building Permits and inspections, Certificates of Occupancy, taxes and fees. Likewise for lots having greater land area in Jacksonville. • Subdivision platting procedures will be administered for all lots by Atlantic Beach. • Internal roadways will be permitted through Atlantic Beach consistent with design and construction standards of both Cities. • Water, sewer and electric service are provided by Atlantic Beach and JEA, respectively. This Interlocal Agreement has been prepared in coordination with the Atlantic Beach City Attorney and the Jacksonville Office of General Counsel. Once executed, the agreement can be terminated only by mutual agreement of both cities. BUDGET: No budget issues. RECOMMENDATION: Motion to authorize the Mayor to sign the Interlocal Agreement between the City of Jacksonville and the City of Atlantic Beach, Florida as attached and described herein. ATTACHMENTS: Proposed Interlocal Agreement between Atlantic Beach and Jacksonville to establish responsibilities and services for lots to be developed within the Selva Marina Residential project that are located in part within each City. REVIEWED BY CITY MANAGER: November 13, 2007 regular meeting AGENDA ITEM # 8D NOVEMBER 13, 2007 INTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE, FLORIDA AND THE CITY OF ATLANTIC BEACH, FLORIDA THIS INTERLOCAL AGREEMENT (the "Interlocal Agreement"), dated as of the day of 2007, is entered into by and between: The City of Jacksonville, a municipal corporation located in Duval County, Florida, whose address is 117 West Duval Street, Suite 400, Jacksonville, Florida 32202; and The City of Atlantic Beach, a municipal corporation located in Duval County, Florida, whose address is 800 Seminole Road, Atlantic Beach, Florida 32233. RECITALS WHEREAS, Selva Marina Country Club, Inc. ("Selva") is the owner of contiguous lands in the City of Jacksonville (hereinafter ``Jacksonville" and City of Atlantic Beach (hereinafter "Atlantic Beach") which are currently used for the Selva Marina Country Club; and WHEREAS, to generate funds for a major renovation of the golf course and club facilities, Selva proposes to develop a 1141ot residential development on approximately 31 acres (hereinafter the "Selva Residential Development") that includes lands in both Jacksonville and Atlantic Beach. 221ots will be located in Jacksonville, 871ots will be located in Atlantic Beach, and 5 lots will be located partially in Jacksonville and partially in Atlantic Beach; and WHEREAS, all of the redeveloped golf course will be located in Jacksonville and the new clubhouse and all of its amenities will be located in Atlantic Beach. A master site plan depicting the proposed Selva Residential Development and the municipal boundary lines is attached as Exhibit 1 (hereinafter the "Master Site Plan"); and WHEREAS, the portion of the proposed Selva Residential Development (25.3 acres more or less) located in Atlantic Beach and Clubhouse parcel is designated Residential, Low Density (RL) in the Atlantic Beach 2002-2015 Comprehensive Land Use Plan; and AGENDA ITEM # 8D NOVEMBER 13, 2007 WHEREAS, the portion of the proposed Selva Residential Development (5.7 acres more or less) located in Jacksonville is currently designated Low Density Residential (LDR) in the Jacksonville 2010 Comprehensive Land Use Plan; and WHEREAS, there is no general or special law authorizing either municipality to exercise extraterritorial powers within the other municipality, Selva will need to apply to rezone lands that it owns in both municipalities to Planned Unit Development (PUD) using a Master Site Plan and compatible development criteria, but in form consistent with the applicable zoning regulations of each municipality. Although the Master Site Plan for the proposed Selva Residential Development includes lands within both municipalities, each municipality's approval of the Master Site Plan and development criteria for the Selva Residential Development will be limited to the portion of land depicted on the Master Site Plan that is within that municipality's corporate boundaries; and WHEREAS, the parties desire to cooperate reasonably with each other in connection with approval processes related to adoption of the PUD ordinances and development of the approved development, the parties propose to enter into an Interlocal Agreement to delineate the entity responsible for providing services and to facilitate the cost effective provision of services to the proposed Selva Residential Development, to provide for its orderly development, and to provide for the orderly provision of public services; and WHEREAS, the Interlocal Agreement is authorized by the provisions of Section 163.01, Florida Statutes, which authorizes the joint exercise by agreement of two or more public agencies of any power common to them and other applicable law; and -2- AGENDA ITEM # 8D NOVEMBER 13, 2007 WHEREAS, the parties are otherwise authorized to make and enter into this Interlocal Agreement, pursuant to lawful action by their respective legislative governing bodies; now therefore: IN CONSIDERATION OF the mutual covenants contained herein and for other good and valuable consideration, the legal sufficiency of which is acknowledged by the parties, the parties agree as follows. SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Interlocal Agreement upon which the parties have relied. SECTION 2. WATER AND SEWER. The Selva Residential Development will be served by Atlantic Beach water and sewer. SECTION 3. ELECTRICITY. Electricity within Selva Residential Development will be provided by JEA. Public utilities will be constructed and underground and located within a utility easement(s) as required by Sections 24-136, 24-221(h) and 24-253 of Atlantic Beach's land development regulations. SECTION 4. LOTS LYING ENTIRELY WITH A JURISDICTION. Development on any lot or parcel, lying entirely within one municipality, shall be reviewed and permitted through that municipality. Issuance of Building Permits and Certificates of Occupancy shall be in accordance with the established procedures of the respective municipality. Except as otherwise set forth in this Interlocal Agreement or any previous agreement between Atlantic Beach and Jacksonville, the respective municipality will provide all services for and receive all fees and taxes collected on those lots or parcels located within the respective municipality. -3- AGENDA ITEM # 8D NOVEMBER 13, 2007 SECTION 5. LOTS DIVIDED BETWEEN JURISDICTIONS. Up to five single- family lots may be divided between the two jurisdictions. Development on any lot or parcel, which is divided between jurisdictions, but which has greater land area within Atlantic Beach shall be reviewed and permitted through Atlantic Beach, and likewise, any such lot in Jacksonville shall be reviewed and permitted through Jacksonville. Issuance of Building Permits and Certificates of Occupancy shall be in accordance with the established procedures of the respective jurisdiction. Except as otherwise set forth in this Interlocal Agreement or any previous agreement between Jacksonville and Atlantic Beach, Atlantic Beach will provide all services for and receive all fees and taxes collected on those lots or parcels which have a greater land area within Atlantic Beach as if those lots were fully within Atlantic Beach, and likewise, Jacksonville will provide all services for and receive all fees and taxes collected on those lots or parcels which have a greater land area within Jacksonville as if those lots were fully within Jacksonville. SECTION 6. APPROVAL AND RECORDING OF SUBDIVISION PLATS. The substantial part of this Project (33.8 acres versus 5.7 acres) is within Atlantic Beach. Insomuch as the preparation of a Final Subdivision Plat is prescribed by Chapter 177, Part I, Florida Statutes, and recording of Plats is a function of the Duval County Clerk of Courts, rather than a function of either municipality, platting shall be through Atlantic Beach in accordance with procedures as set forth within the Atlantic Beach Land Development Regulations. SECTION 7. ROADWAY CONSTRUCTION. Roadway construction for the Selva Residential Development will be permitted through Atlantic Beach. Jacksonville will not accept the roadway for public use, unless the roadway is improved to meet Jacksonville standards prior to dedication. -4- AGENDA ITEM # 8D NOVEMBER 13, 2007 SECTION 8. TERM. This Interlocal Agreement shall take effect upon filing with the Clerk of Court, in the Circuit Court, in and for Duval County, Florida by the Office of General Counsel for the City of Jacksonville, 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. SECTION 9. BINDING EFFECT. Each party represents to the other that it has undertaken all necessary actions to execute this Interlocal Agreement and that it has the legal authority to enter into this Interlocal Agreement and to undertake all obligations imposed upon it. SECTION 10. APPLICABLE LAW AND VENUE. This Interlocal Agreement and the provisions contained herein shall be governed by and construed in accordance with the laws of the State of Florida. In any action, in equity or law, with respect to the enforcement or interpretation of this Interlocal Agreement, venue shall be in Duval County, Florida. SECTION 11. SEVERABILITY. If any part of this Interlocal Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable part shall be deemed severable and the remaining parts of this Interlocal Agreement shall continue in full force and effect provided that the rights and obligations of the parties are not materially prejudiced and the intentions of the parties can continue to be effected. SECTION 12. ENTIRE AGREEMENT; AMENDMENT. This instrument and its exhibits constitute the entire agreement between the parties and supersede all previous discussions, understandings and agreements between the parties relating to the subject matter of this Interlocal Agreement. Amendments to and waivers of the provisions herein shall be made by the parties in writing by formal amendment. -5- AGENDA ITEM # 8D NOVEMBER 13, 2007 SECTION 13. CONSTRUCTION. The parties stipulate and agree that they have each taken part in the negotiation of this Interlocal Agreement. Therefore this Interlocal Agreement, shall not be more strictly construed against the party which prepared it. The doctrine known as "Fortius contra proferentum " shall not apply to this interlocal agreement or to the construction thereof. SECTION 14. EFFECTIVE DATE. This Interlocal Agreement shall become effective upon the filing hereof in accordance with Section 8 hereof. IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have entered into this Interlocal Agreement on the date and year first above written. ATTEST: Neill W. McArthur, Jr Corporation Secretary CITY OF JACKSONVILLE By: John Peyton, Mayor Approved as to form: By: Date: STATE OF FLORIDA } COUNTY OF DUVAL } Office of General Counsel The foregoing instrument was acknowledged before me this day of 2007, by John Peyton as the Mayor of the City of Jacksonville, and who has acknowledged that he executed the same on behalf of the City of Jacksonville and that he was authorized to do so. He is personally known to me or has produced as identification. -6- AGENDA ITEM /f 8D NOVEMBER 13, 2007 In witness whereof, I hereunto set my hand and official seal. ATTEST: Signature Type/Print Name: Title: Date: 2007 Approved as to form and legality: Alan Jensen, City Attorney STATE OF FLORIDA } COUNTY OF DUVAL } Notary Public, State of Florida CITY OFATLANTIC BEACH, FLORIDA John Meserve, Mayor The foregoing instrument was acknowledged before me this day of , 2007, by John Meserve, Mayor of the City of Atlantic Beach, and who has acknowledged that he executed the same on behalf of the City of Atlantic Beach and that he was authorized to do so. He is personally known to me or has produced as identification. In witness whereof, I hereunto set my hand and official seal. Notary Public, State of Florida -7-