Interlocal Agreement Between Jacksonville and Atlantic Beach Concerning Taxes, Fees, and Services v CITY OF ATLANTIC BEACH
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800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5455
TELEPHONE: (904)247-5800
Se*. t FAX: (904)247-5805
ss1 SUNCOM: 852-5800
4 www.coab.us
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November 16, 2007
Dylan T. Reingold
Office of the General Council
City of Jacksonville
117 West Duval Street, Suite 480
Jacksonville, FL 32202
RE: Interlocal Agreement between Jacksonville and Atlantic Beach
Dear Mr. Reingold;
Enclosed is a copy of the Interlocal Agreement between the City of Jacksonville and the City of
Atlantic Beach concerning taxes, fees and services provided to the Selva Residential
Development. This copy has been originally executed on behalf of the City of Atlantic Beach.
Please have it executed on behalf of the City of Jacksonville and return for my files either the
original or a copy of the fully executed document.
If you have any questions or need any additional information please let me know. I am,
Very truly yours,
)im Hanson
City Manager
cc: Donna Bussey, City Clerk
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 13+4 day of
N6 v e,r b e r , 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 114 lot residential development on approximately 31 acres
(hereinafter the "Selva Residential Development") that includes lands in both Jacksonville and
Atlantic Beach. 22 lots will be located in Jacksonville, 87 lots 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
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
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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.
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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.
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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.
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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: CITY OF JACKSONVILLE
By:
Neill W. McArthur, Jr John Peyton, Mayor
Corporation Secretary
Approved as to form:
By:
Office of General Counsel
Date:
STATE OF FLORIDA }
COUNTY OF DUVAL }
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.
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In witness whereof, I hereunto set my hand and official seal.
Notary Public, State of Florida
ATTEST: •FATLANTIC BEACH, FLORIDA
1,,
dna �. .
Signature C Jo ��i es Mayor
Type/Print Name: Donn(L L, &($5&1 \
Title: ( - l 111 C-M-r g
Date: 11//3/0 7 2007
Appro .s to form and legality:
-....41,w
ffPn! en, City Attorney
J
STATE OF FLORIDA }
COUNTY OF DUVAL }
The foregoing instrument was acknowledged before me this / 3 day of Nov. , 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.
t ••" , .----■A NANCY�p� E.BAILEY
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?°',, Y Expires February 8,2008
Notary Publ. , State of Florid.
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