Loading...
HomeMy WebLinkAboutExhibit D-SUBEXHIBIT D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. INTERLOCAL AGREEMENT FOR DEVELOPMENT OF PROPERTY SURROUNDING BRICKELL METRORAIL STATION This Interlocal Agreement ("Agreement") is entered into this day of , 2018, by and between Miami -Dade County, a political subdivision of the State of Florida ("County"), and the City of Miami, a municipal corporation located within the geographic boundaries of Miami -Dade County, Florida ("City") pursuant to The Florida Interlocal Cooperation Act of 1969, Chapter 163, Section 163.01, Florida Statutes (2012), Section 6.06 of the Miami -Dade County Home Rule Charter, and Section 33-314(A)(4) of the Code of Miami -Dade County, Florida. WITNESSETH: WHEREAS, the County has adopted Chapter 33C of the Code of Miami -Dade County, Florida ("County Code"), which establishes the Rapid Transit Zone ("RTZ") and grants exclusive jurisdiction to the County for purposes of building and zoning approvals, water and sewer installations, environmental compliance, street maintenance, and utility regulation for all property located within the RTZ; and WHEREAS, the City and the County have a long history of mutual cooperation with regard to planning for and development in the RTZ; and WHEREAS, the City, by Resolution No. 78-453, urged the County to provide for joint private and public development opportunities, including essential retail services, employment centers, housing and institutional attractions in convenient proximity to rapid transit stations and pledged the greatest possible cooperation with the County and urged reciprocal cooperation from the County in the planning, programming and funding of desired improvements; and 1 4038 Exhibit D-SUB EXHIBIT D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. WHEREAS, Chapter 33C provides for municipal participation in the design, review, zoning, and development process through the Rapid Transit Developmental Impact Committee ("RTDIC"), which includes representation from the municipality in which the Project (as defined below) is located; and WHEREAS, the County is considering the adoption of an ordinance (Exhibit "A") which would extend the boundary of the RTZ to include a Brickell Station Subzone ("Subzone") on that certain property located within the County and the City, as depicted in the attached Exhibit "B", and which would establish development regulations and a development review and approval process applicable to the Subzone; and WHEREAS, the Subzone is located within the City's "Urban Central Business District" as designated on the City's Future Land Use Map and within the Downtown Regional Urban Center as designated on the County's Future Land Use Map; and WHEREAS, the expanded boundary of the RTZ includes within the Subzone those certain properties depicted in the attached Exhibit "C" (the "Property") which are owned by the City of Miami and Southside Place, LLC, its parents, affiliates, successors and/or assigns ("Owners"), and Owners desire to develop and operate a City of Miami Fire Station, public - private parking garage, and mixed -use center (the "Project"), integrated with the Miami -Dade County Metrorail and Metromover systems; and WHEREAS, the Project abuts and shall be integrated with existing, County -controlled public transportation facilities, including the Brickell Metrorail Station and the Metromover system; and EXHIBIT D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. WHEREAS, the Project is of Countywide and regional importance and will bring substantial public health and safety benefits to the residents of the City, economic and quality - of -life benefits to the residents of the County and the City by increasing mobility to and from and throughout the City and the County, and reducing area traffic congestion and pollution as well as providing improved public safety for this area of the City; and WHEREAS, as set forth herein, the County and the City wish to coordinate and facilitate the development of the Project in an expedited fashion under a single regulatory authority, thereby avoiding duplicative or inconsistent regulations and processes, NOW THEREFORE, in consideration of the mutual covenants expressed herein, and other good and valuable consideration, the sufficiency of which the parties hereby acknowledge, the County and the City agree as follows: 1. Recitals. The County and the City agree that the above recitals are true and correct and are incorporated herein. 2. Conformance with Chapter 33C. The City agrees and reconfirms that its previous acknowledgment of the RTZ and the requirement that development within the RTZ conform with applicable provisions of Chapter 33C, as amended, remains in full force and effect. The City and the County expressly recognize and authorize the expansion of the RTZ zone boundaries to include the lands located within the Subzone, including the Property. 3. County Review and Approval of Project. The County and the City agree that, upon the adoption by the County of an amendment to Chapter 33C of the Code of Miami -Dade County, Florida, in substantially the form attached hereto as Exhibit "A", the County shall exercise exclusive land use, zoning, and building permitting jurisdiction over the Subzone, the EXHIBIT D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Property, and the development of the Project and shall, in accordance with its rules and regulations, perform all regulatory reviews relating to the development of the Project, including, without limitation, zoning approvals and construction permitting. 4. Exercise of County Jurisdiction. The County agrees that the County shall exercise its jurisdiction over the Project in a manner that addresses the transportation needs of counties and urban centers throughout the State of Florida and that is consistent with, and supports the City's commitment to, principles of urban planning, including responding to the existing conditions of the City, its downtown corridor, and its natural features, infrastructure, and buildings. The City shall continue to provide all other municipal services within the Subzone such as, but not limited to, police, fire, parks, solid waste, business licensing, and annual inspections for fire and elevator safety. It is provided however, that the City shall be responsible for ensuring that referrals regarding enforcement of land use, zoning, or building code requirements that result from any City fire inspections, emergency responses, or other City actions are timely transmitted to the County's Building Official. Furthermore, the City and County shall ensure that their respective staffs are informed, and shall coordinate to ensure that the property owners and tenants of the Project are also informed, as to these jurisdictional matters. The City and the County may memorialize or effectuate these processes by any supplemental instruments that may be deemed necessary. 5. Ordinance. The County and the City agree that the development regulations and the development review and approval processes included in the proposed ordinance attached hereto as Exhibit "A", shall govern development within the Subzone and on the Property, as supplemented by this Agreement. EXHIBIT D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Southside Park. The City -owned Southside Park is located within the boundaries of the Subzone, and County and City agree that Southside Park shall remain as a park at the City's sole discretion. 7. RTDIC. The County agrees that the City shall be entitled to appoint up to three participants to the RTDIC for all meetings of the RTDIC related to the Project, and that the City's appointees shall all be individuals with technical expertise and professional degrees in at least one of the following areas: (i) transportation, (ii) architecture, (iii) engineering, or (iv) law. In the event that the City representatives present at an RTDIC meeting to consider an application for development within the Subzone do not concur with a recommendation for approval or an administrative approval of an application, the recommendation or the decision shall be for denial. In the event the RTDIC issues a recommendation or a decision for denial, the affirmative vote of nine members of the Board of County Commissioners shall be required to override the denial. 8. Allocation of Development Fees. The County and the City agree to allocate the payment of development and permitting fees as follows: (a) The County shall collect from the Owner all fees related to regulatory reviews and approvals and construction permits; (b) The City shall collect from the Owner all impact fees payable pursuant to Chapter 13 of the City Code and any fees for Developments of Regional Impact that are payable to the City pursuant to statute or ordinance; and (c) additional impact fees, if any, associated with the Project shall be collected from the Owner by the City and the County in accordance with their respective impact fee ordinances. 9. Public Hearing. At least six weeks prior to the scheduled public hearing of any amendments to the adopted version of Section 33C-10 (see Exhibit A), the County shall mail or EXHIBIT D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. e-mail a copy of the proposed ordinance to the City Clerk and the City Attorney. The communication to the City shall include the date of the scheduled public hearing. 10. Authority to Effectuate this Agreement. To the extent permitted by law and required by this Agreement, the City and the County hereby delegate to each other the authority required to effectuate the provisions of this Agreement. 11. Term of Agreement. This Agreement shall remain in effect for 30 years, and thereafter automatically renew for successive 10 year terms unless terminated by mutual agreement of the County and the City, as approved by majority vote of their respective governing bodies. 12. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, codes, ordinances, rules and regulations in performing their respective duties, responsibilities, and obligations pursuant to this Agreement and with all applicable laws relating to this Agreement. The parties shall not unlawfully discriminate in the performance of their respective duties under this Agreement. 13. Dispute Resolution; Applicable Law. The parties shall resolve any disputes, controversies or claims between them arising out of this Agreement in accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164, Florida Statutes, as amended. This Agreement shall be governed by the laws of the State of Florida. Venue in any proceedings shall be in Miami -Dade County, Florida and each party shall be responsible for its own attorneys' fees. 14. Entire Agreement; Amendments. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements, EXHIBIT D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the parties, except that on behalf of the City, future amendments may be approved by the City Manager and will not require approval by the City Commission. 15. Joint Preparation. The language agreed to expresses the mutual intent of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties by the other. 16. Severability. The provisions of this Agreement are independent of and severable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part, except to the extent that such invalidity or unenforceability causes the agreement to fail of its essential purpose. In the event a finding of invalidity or unenforceability by a court of competent jurisdiction causes the agreement to fail of its essential purpose, either party shall have the right to terminate this Agreement upon written notice to the other. 17. Miscellaneous Provisions. Title and paragraph headings are for convenient reference and are not a part of this Agreement. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. EXHIBIT D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 18. Notice. Any notice provided pursuant to the terms and provisions hereof shall be deemed to be delivered when sent by hand delivery, delivery service, or certified mail, return receipt requested, postage prepaid and received by the addressee. Notices shall be sent to: If to the City: City Manager City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, loth Floor Miami, Florida 33130 With copies to: If to County: With a copy to: City Attorney Office of the City Attorney City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 Mayor Miami -Dade County 111 N.W. 1st Street 29th Floor Miami, Florida 33128 County Attorney Miami -Dade County 111 N.W. 1st Street Ste. 2810 Miami, Florida 33128 19. No Third Party Beneficiaries to this Agreement. Nothing in this Agreement, express or implied, is intended to: (a) confer upon any entity or person other than the parties and their successors or assigns any rights or remedies under or by reason of the Agreement as a third party beneficiary or otherwise, except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement; or (c) be construed as a waiver of sovereign immunity of the parties hereto under Section 768.28, Florida Statutes. 8 EXHIBIT D THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. IN WITNESS WHEREOF, County and City have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST MIAMI-DADE COUNTY, FLORIDA, A political subdivision of the State of Florida, Harvey Ruvin, Clerk ATTEST Todd B. Hannon, Clerk By: County Mayor CITY OF MIAMI, a Municipal Corporation of the State of Florida By: City Manager EXHIBIT D SUBSTITUTED INTERLOCAL AGREEMENT FOR DEVELOPMENT OF PROPERTY SURROUNDING BRICKELL METRORAIL STATION This Interlocal Agreement ("Agreement") is entered into this day of , 2018, by and between Miami -Dade County, a political subdivision of the State of lorida ("County"), and the City of Miami, a municipal corporation located within th= geographic boundaries of Miami -Dade County, Florida ("City") pursuant to The F orida Interlocal Cooperation Act of 1969, Chapter 163, Section 163.01, Florida Statutes 12), Section 6.06 of the Miami -Dade County Home Rule Charter, and Section 33-3 4(A)(4) of the Code of Miami -Dade County, Florida. WITNESSETH: WHEREAS, the County has adopted Cha, er 33C of the Code of Miami -Dade County, Florida ("County Code"), which establish : the Rapid Transit Zone ("RTZ") and grants exclusive jurisdiction to the County for .urposes of building and zoning approvals, water and sewer installations, environmental ,:mpliance, street maintenance, and utility regulation for all property located within the RT and WHEREAS, the Cy and the County have a long history of mutual cooperation with regard to planning for end development in the RTZ; and WHERE • , the City, by Resolution No. 78-453, urged the County to provide for joint private and blic development opportunities, including essential retail services, employment centers ousing and institutional attractions in convenient proximity to rapid transit stations and p1 ged the greatest possible cooperation with the County and urged reciprocal cooperation from the County in the planning, programming and funding of desired improvements; and 1 EXHIBIT D WHEREAS, Chapter 33C provides for municipal participation in the design, review, zoning, and development process through the Rapid Transit Developmental Impact Committe ("RTDIC"), which includes representation from the municipality in which the Project (as d- nod below) is located; and WHEREAS, the County is considering the adoption of an ordinance (Exhi . t "A") which would extend the boundary of the RTZ to include a Brickell Station Subzo e ("Subzone") on that certain property located within the County and the City, as depicte n the attached Exhibit "B", and which would establish development regulations and development review and approval process applicable to the Subzone; and WHEREAS, the Subzone is located within the Ci s "Urban Central Business District" as designated on the City's Future Land Use Map ar within the Downtown Regional Urban Center as designated on the County's Future La Use Map; and WHEREAS, the expanded bounda ' of the RTZ includes within the Subzone those certain properties depicted in the attar ' d Exhibit "C" (the "Property") which are owned by the City of Miami and Southside P1. e, LLC, its parents, affiliates, successors and/or assigns ("Owners"), and Owners des e to develop and operate a City of Miami Fire Station, public - private parking garage, . d mixed -use center (the "Project"), integrated with the Miami -Dade County Metrorail an etromover systems; and WHER S, the Project abuts and shall be integrated with existing, County -controlled public tran•.ortation facilities, including the Brickell Metrorail Station and the Metromover systel and SUBSTITUTED 2 EXHIBIT D SUBSTITUTED WHEREAS, the Project is of Countywide and regional importance and will bring substantial public health and safety benefits to the residents of the City, economic and quality - of -life benefits to the residents of the County and the City by increasing mobility to and % orn and throughout the City and the County, and reducing area traffic congestion and po ution as well as providing improved public safety for this area of the City; and WHEREAS, as set forth herein, the County and the City wish to coon+' ate and facilitate the development of the Project in an expedited fashion under a sing regulatory authority, thereby avoiding duplicative or inconsistent regulations and process's, NOW THEREFORE, in consideration of the mutual versants expressed herein, and other good and valuable consideration, the sufficiency ofw ich the parties hereby acknowledge, the County and the City agree as follows: 1. Recitals. The County and the ity agree that the above recitals are true and correct and are incorporated herein. Conformance wit Cha i ter 33C. The City agrees and reconfinns that its previous acknowledgment of e RTZ and the requirement that development within the RTZ conform with applicable p visions of Chapter 33C, as amended, remains in full force and effect. The City and the Co nty expressly recognize and authorize the expansion of the RTZ zone boundaries to in ide the lands located within the Subzone, including the Property. 3. County Review and Approval of Project. The County and the City agree that, upon thadoption by the County of an amendment to Chapter 33C of the Code of Miami -Dade Co , nty, Florida, in substantially the form attached hereto as Exhibit `A", the County shall exercise exclusive land use, zoning, and building permitting jurisdiction over the Subzone, the 3 EXHIBIT D Property, and the development of the Project and shall, in accordance with its rules and regulations, perfonn all regulatory reviews relating to the development of the Project, including without limitation, zoning approvals and construction permitting. 4. Exercise of County Jurisdiction. The County agrees that the Co ty shall exercise its jurisdiction over the Project in a manner that addresses the transport ion needs of counties and urban centers throughout the State of Florida and that is c.. sistent with, and supports the City's commitment to, principles of urban planning, incl mg responding to the existing conditions of the City, its downtown corridor, and its na -al features, infrastructure, and buildings. The City shall continue to provide all other munipal services within the Subzone such as, but not limited to, police, fire, parks, solid w te, business licensing, and annual inspections for fire and elevator safety. 5. Ordinance. The County and the tty agree that the development regulations and the development review and approval proc ses included in the proposed ordinance attached hereto as Exhibit "A... shall govern de lopment within the Subzone and on the Property, as supplemented by this Agreement. 67 Southside Pa The City -owned Southside Park is located within the boundaries of the Subzone nd County and City agree that Southside Park shall remain as a park at the City's sole disci— ion. 7. R ' 1 IC. The County agrees that the City shall be entitled to appoint up to three participants t e RTDIC for all meetings of the RTDIC related to the Project, and that the City's appointe-. shall all be individuals with technical expertise and professional degrees in at least one the following areas: (i) transportation, (ii) architecture, (iii) engineering, or (iv) law. In e event that the City representatives present at an RTDIC meeting to consider an application SUBSTITUTED 4 EXHIBIT D SUBSTITUTED for development within the Subzone do not concur with a recommendation for approval or an administrative approval of an application, the recommendation or the decision shall be for denial In the event the RTDIC issues a recommendation or a decision for denial, the affinnative -ate of nine members of the Board of County Commissioners shall be required to override t denial. 8. Allocation of Development Fees. The County and the City agree allocate the payment of development and permitting fees as follows: (a) The County sha collect from the Owner all fees related to regulatory reviews and approvals and constru► ion permits; (b) The City shall collect from the Owner all impact fees payable pursuant o Chapter 13 of the City Code and any fees for Developments of Regional Impact that ar ayable to the City pursuant to statute or ordinance; and (c) additional impact fees, if any, ssociated with the Project shall be collected from the Owner by the City and the County i : ccordance with their respective impact fee ordinances. 9. Public Hearing. At least six ti eks prior to the scheduled public hearing of any amendments to the adopted version of Se on 33C-10 (see Exhibit A), the County shall mail or e-mail a copy of the proposed oranee to the City Clerk and the City Attorney. The communication to the City shall ' elude the date of the scheduled public hearing. 10. Authority t Effectuate this A reement. To the extent permitted by law and required by this Agreei nt, the City and the County hereby delegate to each other the authority required to effectu the provisions of this Agreement. 11. erm of Agreement. This Agreement shall remain in effect for 30 years, and thereafter s utornatically renew for successive 10 year terms unless terminated by mutual agree ent of the County and the City, as approved by majority vote of their respective governing dies. 5 EXHIBIT D I?. Compliance with Laws. The parties shall comply with all applicable federal, state and local laws, codes, ordinances, rules and regulations in perfonning their respecti duties, responsibilities, and obligations pursuant to this Agreement and with all applicabl- aws relating to this Agreement. The parties shall not unlawfully discriminate in the perf+ ranee of their respective duties under this Agreement. 13. Dispute Resolution; Applicable Law. The parties shall r:.olve any disputes, controversies or claims between them arising out of this Agreement n accordance with the "Florida Governmental Conflict Resolution Act", Chapter 164, F rida Statutes, as amended. This Agreement shall be governed by the laws of the State of F srida. Venue in any proceedings shall be in Miami -Dade County, Florida and each party sh be responsible for its own attorneys' fees, SUBSTITUTED 14. Entire A ' reement• Amendn s. This document incorporates and includes all prior negotiations, correspondence, convers ions, agreements and understandings applicable to the matters contained herein, and the it Mies agree that there are no commitments, agreements, or understandings concerning the ject matter of this agreement that are not contained in this document. Accordingly, the arties agree that no deviation from the terns hereof shall be predicated upon any pr •r representations or agreements, whether oral or written. No modification, amend ent or alteration in the terms or conditions contained herein shall be effective unless ntained in a written document prepared with the same or similar formality as this Agree nt and executed by the parties, except that on behalfofthe City, future amendments may be a pproved by the City Manager and will not require approval by the City Commission, 6 EXHIBIT D 15, Joint Preparation. The language agreed to expresses the mutual intent of the parties and the resulting document shall not, solely as a matter of judicial construction. construed more severely against one of the parties by the other. 16. Severabilitv. The provisions of this Agreement are independe of and severable from each other, and no provision shall be affected or rende -d invalid or unenforceable by virtue of the fact that for any reason any other or others of em may be invalid or unenforceable in whole or in part, except to the extent that such inva ity or unenforceability causes the agreement to fail of its essential purpose. In the eve a finding of invalidity or unenforceability by a court of competent jurisdiction causes tl agreement to fail of its essential purpose, either party shall have the right to terminate thi b eement upon written notice to the other, SUBSTITUTED 17. Miscellaneous Provisions, Tit and paragraph headings are for convenient reference and are not a part of this Agreei nt. No waiver or breach of any provision of this Agreement shall constitute a waiver of y subsequent breach of the same or any other provision hereof, and no waiver shall be eff- tive unless made in writing, 1 8. Notice, Any tice provided pursuant to the terms and provisions hereof shall be deemed to be deliverywhen sent by hand delivery, delivery service, or certified mail, return receipt requested, p•.'age prepaid and received by the addressee. Notices shall be sent to: I ' o the City: With copies to: City Manager City of Miami Miami Riverside Center 444 S.W. 2nd Avenue, 10th Floor Miami, Florida 33130 City Attorney Office of the City Attorney City of Miami 7 If to County: With a copy to: EXHIBIT D SUBSTITUTED Miami Riverside Center 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 Mayor Miami -Dade County 111 N.W. lst Street 29th Floor Miami, Florida 33128 County Attorney Miami -Dade County 111 N.W. lst Street Ste. 2810 Miami, Florida 33128 19. No Third Party Beneficiaries to this Aoreeme t. Nothing in this Agreement, express or implied, is intended to: (a) confer upon any entity .r person other than the parties and their successors or assigns any rights or remedies under .r by reason of the Agreement as a third party beneficiary or otherwise, except as specificall provided in this Agreement; or (b) authorize anyone not a party to this Agreement to r tain an action pursuant to or based upon this Agreement; or (c) be construed as a waiv r of sovereign immunity of the parties hereto under Section 768.28, Florida Statutes. 20. Mutual Indem► fication. Pursuant to Section 768.28, Florida Statutes, the County and the City hereb agree to mutually indemnify, defend, save and hold each other harmless to the fullest xtent of all limitations permitted by law from all claims, demands, liabilities and suit, s a result of the negligence or breach of this Agreement by either Party, theirs agents oemployees. 8 EXHIBIT D SUBSTITUTED IN WITNESS WHEREOF, County and City have executed this Agreement, or have caused the same to be executed, as of the date and year first above written. ATTEST MIAMI-DADE COUNTY, FLORIDA, A political subdivision of the State of F .rida, Harvey Ruvin, Clerk ATTEST Todd B, Hannon, Clerk By: County Mayor CITY OF MIAMI, a Mut cipal Corporation of the State of Florida By: City Manager 9