City of Atlantic Beach- Atlantic Beach Partners LLC and Selva Marina Country Club -Interlocal Agreement v 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 N
day of�,.� , 2013, 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 Marina") is the owner of
contiguous lands (the "Property") in the City of Jacksonville (hereinafter"Jacksonville") and the
City of Atlantic Beach (hereinafter "Atlantic Beach") which are currently used for the Selva
Marina Country Club; and
WHEREAS, Atlantic Beach Partners, LLC ("ABP") is the contract purchaser and
proposed developer of a portion of the Property; and
WHEREAS, Selva Marina and ABP propose to redevelop the Property as a single family
residential development of up to 180 residential lots, a golf course, and a clubhouse and
amenities located in both Jacksonville and Atlantic Beach (hereinafter the "Redevelopment").
Most of the lots will be located in Jacksonville; most of the redeveloped golf course will be
located in Jacksonville; some of the residential lots, a portion of the golf course and the practice
course, the clubhouse, and all of its amenities will be located in Atlantic Beach; and all access
points will be at roads within the jurisdiction of Atlantic Beach (although the centerline of
Dutton Island Road East constitutes a portion of the boundary between Jacksonville and Atlantic
Beach). A conceptual site plan depicting the proposed Redevelopment and the municipal
boundary lines is attached as Exhibit 1 (hereinafter the"Conceptual Site Plan"); and
WHEREAS, as there is no general or special law authorizing either municipality to
exercise extraterritorial powers within the other municipality, ABP has applied to both
municipalities to rezone the Property in both municipalities, consistent with the applicable
zoning regulations of each municipality. The rezoning ordinance numbers are Ordinance
(Jacksonville) and Ordinance 90-i3-2/b(Atlantic Beach)(collectively, the
"Rezonings"). Although the Conceptual Site Plan for the proposed Redevelopment includes
lands within both municipalities, each municipality's approval of the Rezonings for the
Redevelopment will be limited to the portion of land depicted on the Conceptual Site Plan that is
located within that municipality's corporate boundaries; and
WHEREAS, as the parties desire to cooperate with each other in connection with the
approval processes related to the Rezonings and the Redevelopment, the parties propose to enter
into this Interlocal Agreement to facilitate the cost-effective and orderly provision of public
services to the Redevelopment, and to delineate responsibility for providing said 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
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.
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SECTION 1. RECITALS. The above recitals are true and correct, are incorporated as
if fully set forth herein, and form a material part of this Interlocal Agreement upon which the
parties have relied.
SECTION 2. WATER AND SEWER Atlantic Beach will provide water and sewer
service to the Redevelopment.
SECTION 3. ELECTRICITY. JEA will provide electricity within the Redevelopment.
Public utilities will be constructed 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. APPROVAL AND RECORDING OF SUBDIVISION PLANS AND
PLATS. Inasmuch as the preparation of a final subdivision plat is prescribed by Chapter 177,
Part I, Florida Statutes, and the recording of plats is a function of the Duval County Clerk of
Courts, rather than a function of either municipality, review of construction plans for subdivision
improvements, including roads, and platting for the Redevelopment shall be through Atlantic
Beach in accordance with procedures set forth within the Atlantic Beach land development
regulations.
SECTION 5. ROADWAY DEDICATION. All roads dedicated for public use within
the Redevelopment will be dedicated to the municipality within which the road, or any part
thereof, is located. If those portions of the Property currently located within Jacksonville are
annexed into Atlantic Beach, then all roads dedicated for public use will be
dedicated/rededicated to Atlantic Beach.
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SECTION 6. CONCURRENCY. Atlantic Beach will conduct concurrency and/or
mobility review of the Redevelopment for all facilities and services, including schools, and any
fees or exactions for impacts on such facilities and services will be those required under the
Atlantic Beach land development regulations.
SECTION 7. PERMITTING AND ENFORCEMENT. Atlantic Beach will review
for permitting all development within the Redevelopment, and the issuance of building permits
and certificates of occupancy within the Redevelopment shall be in accordance with established
procedures in Atlantic Beach. With regard to zoning, Atlantic Beach shall ensure compliance
with the Rezonings both in permitting and in uses. With regard to matters of building code and
other matters not addressed in the Rezonings or herein, Atlantic Beach shall ensure compliance
with laws and regulations otherwise applicable in Atlantic Beach.
SECTION 8. PROPOSED ANNEXATION. Selva Marina and APB have represented
to both municipalities that they wish to annex those portions of the Property currently located
within Jacksonville into Atlantic Beach so that all of the Redevelopment will be located within a
single municipality. Selva Marina and APB will initiate a proposal for annexation, and Atlantic
Beach and Jacksonville agree to consider whether to permit Atlantic Beach to annex the portion
of the Property currently located in Jacksonville
SECTION 9. SPLIT PARCELS. Except as otherwise set forth in this Interlocal
Agreement or any previous agreement between Atlantic Beach and Jacksonville, each respective
municipality will provide all services for and receive all taxes collected on those parcels of land
located within the respective municipality. For any parcel or platted lot which is divided
between jurisdictions, the municipality in which in which the greater land area of the parcel or
lot is located will provide all services for and receive all taxes collected on such parcel or lot.
JAX\1745278_6 -4-
•
SECTION 10. TERM. The effective date of this Interlocal Agreement will be the
date of recording with the Duval County Clerk of Court as required by Section 163.01(11),
Florida Statutes. This Interlocal Agreement may be terminated either by the annexation
described above or by the mutual written agreement of the parties.
SECTION 11. BINDING EFFECT. Each party represents to the other that it has
undertaken all necessary actions to execute this Interlocal Agreement, that it has the legal
authority to enter into this Interlocal Agreement, and to undertake all obligations imposed upon
it.
SECTION 12. 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 13. 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 14. ENTIRE AGREEMENT; AMENDMENT. This instrument and
its exhibits constitute the entire agreement between the parties and supersede all previous
discussions, understandings and agreements between them 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.
JAX\1745278_6 -5-
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SECTION 15. 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. d'
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IN WITNESS WHEREOF, the parties hereto, by and through the undersigned, have 0 N
entered into this Interlocal Agreement on the date and year first above written. m 2 d
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73
ATTEST: CITY OF JACKSONVILLE ' .E a ..15 c p
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' ' _ By: ) c,IJ "bee.)-7cQ2a >
Gl F Alvin Brown, Mayor m CD •• -p m
Co •oration Secretary �1n1 Y O t�D u�
pi, '„Ir&i - ‘g
'___,,r4t, .:......,),;rds, 's,• / • ,pro'ed as to form:
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,O' ice of General Counsel
Dat- 7-2Y- 43
STATE OF FLORIDA } i
COUNTY OF DUVAL } ,( d'L'
ak-
Karen Bowling/ --',',�--v,
The forego' instrument was acknowledged before me this ,3 day o fJt 2013,
by • •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 ,- -s . y known to me • has produced as identification.
n witness whereof, I hereunto set my hand and official seal.
,1).hn 4 ,
No . P blic, State o Flori
„� IVY L.DWYER-FRAZEE
_.. "' .r Commission#EE 213253
s
a;�;` r"""r ly 28,2016
FanI eaooaas�o�s
JAX\1745278_6 -6-
CITY OF ATLANTIC BEACH, FLORIDA
ATTEST:
ih,j10 ZA.44-0
ez.„..p,„(3 Mayor
Signature
Type/Print Name: /UttNL L7 E 814/LE 9
Title: ADM lav)-rR4-77 1TE ASS T 7 diTy CL�'2r�
Date: 7 - .z'/ -/3
Approved a to form and legality:
•Ci L rney
STATE OF FLORIDA }
COUNTY OF DUVAL }
The foregoing instrument was acknowledged before me this 2`1 day of t/ , 2013,
by
AI k t3c�,M o , 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.
A^L<V-z-(
Notary PuJ�1ic, State of Fl •' a
° N Notary Public State of Ronda
Nancy E Bailey
My Commission EE 156116
%ofd Expires 02/08/2016
JAX\1745278_6 -7-
