HomeMy WebLinkAboutExhibitINTERLOCAL AGREEMENT
BETWEEN
THE CITY OF CORAL GABLES
AND
THE CITY OF MIAMI
THIS 1NTERLOCAL 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, ("Coral Gables") and the City of Miami,
Florida, a municipal corporation organized under the laws of the State of
Florida, is entered into this day of , 2008.
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, Publix Supermarket, Inc. ("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.
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WHEREAS, Miami and Coral Gables have determined that such integrated
development concept is acceptable and in the best interests of both
municipalities; 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; and
WHEREAS, by agreement dated April 7, 2008 and recorded under Official
Records Book 26367, Page 1014, Miami and Coral Gables entered into an
agreement covering the Combined Properties ("First Interlocal"); and
WHEREAS, the Project now being envisioned for the Combined Properties
is different than the Project referenced in the First Interlocal; and
WHEREAS, Miami and Coral Gables wish to enter into a new Interlocal in
the manner hereinafter described which will replace and supersede the First
Interlocal in it's entirety.
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 Flagler Publix , prepared by Fisher and Associates,
dated 8/1 1 /08 and revised 9/8/08 (City Log -in stamp), consisting of 31
sheets ("Flagler Publix 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
building codes of both municipalities, which Flagler Publix Plan are
deemed as being attached hereto and are incorporated by reference
herein as if set forth in full in the Agreement and the Flagler Publix Plans
are approved by both municipalities in the manner required by law.
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3. The Flagler Publix Plan contemplates a total Building Foot Print Lot
Coverage of 67,156 S.F. for the Combined Properties allocated as follows:
49,240 S.F. proposed on the Coral Gables Property.
1 7,916 S.F. proposed on the Miami Property.
4. 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 in accordance with applicable laws,
codes and regulations. .
5. 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 Flagler Publix 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 Flagler
Publix Plan located on the Coral Gables Property.
6. 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 may be required.
7. The City of Coral Gables Police Department and the City of Coral Gables
Fire Department shall provide primary and first response services to the
Combined Properties, but shall promptly alert Miami of any fire or law
enforcement emergencies or situations affecting the Miami Property.
Miami and Coral Gables may, at their discretion, enter into other service,
mutual aid, and/or cooperation agreements relating to police and fire
services and/or procedures relating to the Combined Properties.
8. Miami and Coral Gables acknowledge and agree that the Miami -Dade
County Property Appraiser's office will issue a Miami real property tax
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folio number for the Miami Property and a Coral Gables real property tax
folio number for the Coral Gables Property.
9. 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"):
27% shall be paid to Miami
73% shall be paid to Coral Gables
10. The Tax Revenue Allocation Formula shall be based on the following
allocation criteria :
a) Total Building Foot Print Lot Coverage for the Combined Properties:
67,156 S.F.
b) Building Foot Print Lot Coverage for the Coral Gables Property:
49,240 S.F. (73%).
c) Building Foot Print Lot Coverage for the Miami Property:
17,916 S.F. (27%).
11. 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 use their best efforts to coordinate to
comply with and effectuate the Tax Revenue Allocation Formula. In the
event Miami receives ad valorem tax revenues greater than 27% 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
27% of the Combined Properties Tax Revenue. In the event Coral Gables
receives ad valorem tax revenues greater than 73% of the Combined
Properties Tax Revenue, it shall promptly pay to Miami a sum equal to the
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amount necessary to adjust its share to not more than 73% of the Net
Combined Properties Tax Revenue.
12. 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.
13. 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, revised, or allowed to lapse by the City
of Miami and City of Coral Gables.
14. 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 terminating party shall
surrender its rights to the aforementioned tax incentive.
15. 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 MIAMI CITY MANAGER
444 SW 2nd Av., 9th FI.
Miami, FI. 33130-1910
CITY OF CORAL GABLES, CITY MANAGER
405 Biltmore Way
Coral Gables, FL 33134
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16. 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.
17. Florida law will apply to the interpretation of this Agreement. Venue shall
lie in Miami -Dade County, Florida.
18. 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.
19. In the event the Owner elects not to develop the Combined Properties
under the Flagler Publix 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 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 15 of this Agreement. Owner shall
waive the right to such election upon commencement of construction of a
unified development on the Combined properties.
20. The First Interlocal is hereby deemed as being of no further force and
effect. Owner may, at Owner's discretion, record this Agreement in the
Public records of Miami -Dade County for purposes of public notice and
information.
IN WITNESS WHEREOF, the parties have entered into this Agreement this
____ day of , 2008.
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CITY OF CORAL GABLES
By:
David L. Brown, City Manager
ATTEST:
By:
Walter Foeman, City Clerk
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
Elizabeth M. Hernandez, City Attorney
CITY OF MIAMI
By
Pedro Hernandez, City Manager
Attest:
By:
Priscilla H. Thompson, City Clerk
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APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
Julie 0. Bru, City Attorney
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