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HomeMy WebLinkAboutExhibit 1INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORAL GABLES AND THE CITY OF MIAMI THIS INTERLOCAL AGREEMENT (the "Agreement") by and between the City of Coral Gables, Florida ("Coral Gables"), a municipal corporation organized under the laws of the State of Florida, and the City of Miami ("Miami"), a municipal corporation organized under the laws of the State of Florida, is entered into this day of , 2007. WITNESSETH: WHEREAS, the real property described in Exhibit A attached hereto is located within the municipal boundary of Coral Gables ("Coral Gables Property") at 114 Ponce de Leon Blvd.; and WHEREAS, the real property described in Exhibit B attached hereto is located within the municipal boundary of Miami ("Miami Property") at 3690 West Flagler Street; and WHEREAS, the Miami Property and the Coral Gables Property (jointly, the "Combined Properties") abut each other; and WHEREAS, Ponce Medical Plaza, LLC ("Owner") is the fee title owner of the Combined Properties; and WHEREAS, Owner wishes to develop the Combined Properties as one integrated development and building structure located over the municipal boundaries of Miami and Coral Gables; and WHEREAS, Owner has requested that Miami and Coral Gables enter into the instant agreement. WHEREAS, Miami and Coral Gables have determined that such integrated development concept is acceptable and in the best interests of both municipalities; and WHEREAS, in order to facilitate the development of the Combined Properties as herein described Miami will permit a portion of the Floor Area Ratio ("FAR") allowable by the City of Coral Gables Zoning Code to be transferred to the Miami Property; and WHEREAS, Miami and Coral Gables desire to enter into this agreement in order to set forth the covenants, terms and conditions for the distribution of taxes for their respective Cities. NOW THEREFORE, in consideration of the mutual promises herein contained, Miami and Coral Gables enter into this Interlocal Agreement and agree as follows: 1. The above recitals are true and correct and incorporated herein. 2. Miami and Coral Gables agree that they will administratively process and approve, subject to the conditions set forth below, an integrated development for the Combined Properties substantially in accordance with the plans entitled Ponce Professional Plaza, prepared by Behar Font and Associates, dated 11-01-07, and consisting of sheets A-1 to A-12, inclusive 1 ("Proposed Site Plan"), which plans are on file with the City of Miami Department of Hearing Boards and the City of Coral Building and Zoning Department or any other plan that complies with the zoning and build codes of both municipalities, the Zoning Letter described in Paragraph 4, below, and is approved by both municipalities in the manner required by law . 3. The Proposed Site Plan contemplates a total building gross area of 431,179 S.F. and total FAR for the Combined Properties of approximately 173,143 S.F. allocated as follows: a) 37,173 S.F.of FAR (224,210 Gross S.F.) proposed on the Coral Gables Property. b) 135,970 S.F. of FAR (206,960 Gross S.F.) proposed on the Miami Property. c) Of the 135,970 S.F. proposed on the Miami Property, 78,515.12 S.F. ("Transferred FAR") represents excess FAR transferred from the Coral Gables Property to the Miami Property. 4. In accordance with that certain letter dated October 26,2007, (Zoning Letter) the Zoning Administrator for Miami has determined that, pursuant to current land development regulations of the City of Miami, "the FAR allowed for each site may be distributed within the site as long as the total capacity for the combined sites is not exceeded. This also means that the City of Miami site may exceed the allotted FAR subject to the covenant in lieu of unity of title without the need for a MUSP for this additional FAR since the properties are bound together by covenant." 5. Subject to the transfer of the required FAR from the Coral Gables Property to the Miami Property, the Proposed Site Plan shall comply with all land use, zoning and building code criteria and requirements of both municipalities. 6. Miami shall review, process and consider the approval of all development and construction within the Miami Property. Coral Gables shall review, process and consider the approval all development and construction within the Coral Gables Property. 7. Miami shall charge for and receive any and all process, permit, impact fees or other fees normally charged by Miami in the development and construction of that portion of the Proposed Site Plan located on the Miami Property. Coral Gables shall charge for and receive any and all process, permit, impact fees or other fees normally charged by Coral Gables in the development and construction of that portion of the Proposed Site Plan located on the Coral Gables Property. 8. Miami and Coral Gables may consider the employment of a private building permit processor, to be paid by Owner, to coordinate submittal and processing of building approvals and permits with each respective municipality and the County, as required. 9. The City of Miami Police Department and the City of Miami Fire Department shall provide primary and first response services to the Combined Properties, but shall promptly alert Coral Gables of any fire or law enforcement emergencies or situations affecting the Coral Gables Property. Miami and Coral Gables may, at their discretion, enter into other service and/or cooperation agreements relating to police and fire services and/or procedures relating to the Combined Properties. 10. Miami and Coral Gables acknowledge and agree that the Miami -Dade County Property Appraiser's office will issue a Miami real property tax folio number for the Miami Property and a Coral Gables real property tax folio number for the Coral Gables Property. 2 11. Miami and Coral Gables agree that the sum of the ad valorem tax revenues collected for the Combined Properties (the sum of the ad valorem tax revenue collected by Miami for the Miami Property and the ad valorem tax revenue collected by Coral Gables for the Coral Gables Property), ("Combined Properties Tax Revenue"), shall be allocated between Miami and Coral Gables in approximately the following manner (the "Tax revenue Allocation Formula"): 48% shall be paid to Miami 52% shall be paid to Coral Gables 12. The Tax Revenue Allocation Formula shall be based on the following FAR allocation criteria : Coral Gables allowable FAR: 202,006 Sq. Ft. Coral Gables buildable FAR: 76,500 Sq. Ft. Miami buildable (MUSP) FAR 71,800 Sq. Ft. Total buildable FAR 148,300 Sq. Ft. Additional FAR transferred from Coral Gables to Miami: 24,843 Sq. Ft. Proposed total combined FAR for development: 173,143 Sq. Ft. Based on the Total Buildable FAR of 148,300 Sq. Ft., the Coral Gables Property would permit 76,500 Sq. Ft. (52%) and the Miami Property would permit 71,800 Sq. Ft. (48%). However, in addition to the Buildable FAR for each city, there would be a transfer of approximately 24,843 Sq. Ft. to the Miami Property, which is allowable FAR from Coral Gables. The proposed 52% (Coral Gables) - 48% (Miami) allocation is further supported by the proposed total building gross area allocations in the Proposed Site Plan, which allocates gross building square footage as follows: Total Gross Building Area for Combined Property: 431,170 S.F. Gross Building Area for Coral Gables Property: 224,210 S.F. (52%); Gross Building Area for Miami Property: 206,960 S.F. (48%). 12. Within 30 days after receipt by Miami and Coral Gables of their respective ad valorem tax revenues from the Miami -Dade County Tax Collector's Office, both municipalities shall coordinate to comply with and effectuate the Tax revenue Allocation Formula. In the event Miami receives ad valorem tax revenues greater than 48% of the Combined Properties Tax Revenue, it shall promptly pay to Coral Gables a sum equal to the amount necessary to adjust its share to not more than 48% of the Combined Properties Tax Revenue. In the event Coral Gables receives ad valorem tax revenues greater than 52% of the Combined Properties Tax 3 Revenue, it shall promptly pay to Miami a sum equal to the amount necessary to adjust its share to not more than 52% of the Net Combined Properties Tax Revenue. 13. Miami and Coral Gables through their applicable personnel involved in their respective fields will consult with each other as to any building, planning, zoning, permitting, regulatory, police and fire, or other issues of municipal concern regarding the Combined Properties or any one of them, as applicable. 14. The term of this Agreement shall be for an initial period of five (5) years from the date it is executed. The Agreement shall automatically renew for up to thirty-five additional annual terms of one (1) year each. The total term of the Agreement shall not exceed forty (40) years, after which it may be reconsidered, renewed or revised by the City of Miami and City of Coral Gables. 15. Either party may terminate this Agreement for good cause, which is any cause found by majority vote of a City Commission to be in the interests of the public health, safety, and general welfare to require termination at any time by giving the other party three hundred sixty (360) days advance written notice of such termination. In such event, the Property Appraiser's office shall be notified and the relinquishing party shall surrender its rights to the aforementioned tax incentive. 16. All notices required pursuant to this Agreement shall be in writing and shall be delivered by hand or by United States Postal Service, certified mail service, postage prepaid, return receipt requested, addressed to the following addressees of record: CITY OF CORAL GABLES, CITY MANAGER 405 Biltmore Way Coral Gables, FL 33134 CITY OF MIAMI CITY MANAGER 444 SW 2nd Av., 9th FI. Miami, FI. 33130-1910 17. The parties will attempt to resolve their disputes and controversies arising under this Agreement by the PROCEDURAL OPTIONS AFFORDED BY THE Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes, as amended. This will be a condition precedent to any civil action between the parties arising out of this Agreement. 18. Florida law will apply to the interpretation of this Agreement. Venue shall lie in Miami -Dade County, Florida. 19. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. Any amendments to or waivers of the provisions herein shall be made by the parties in writing. 20. In the event the Owner elects not to develop the Combined Properties under the Proposed Site Plan or any other site plan creating a unified development and elects to develop the Miami Property and the Coral Gables Property separately, this Agreement shall terminate and shall 4 have no cause or effect on the development of the Combined Properties. The Owner shall in such instance give written notice of such election in the manner provided for in Paragraph 16 of this Agreement. Owner shall waive the right to such election upon commencement of construction of a unified development on the Combined properties. IN WITNESS WHEROF, the parties have entered into this Agreement this day of , 2007. CITY OF CORAL GABLES By David L. Brown, City Manager ATTEST: By Walter Foeman, City Clerk Y OF MIAMI By Pedro Hernandez, City Manager Attest: Priscilla H. Thompson, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Elizabeth M. Hernandez, City Attorney APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Jorge L. Fernandez, City Attorney 5