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HomeMy WebLinkAbout23077AGREEMENT INFORMATION AGREEMENT NUMBER 23077 NAME/TYPE OF AGREEMENT MIAMI-DADE COUNTY DESCRIPTION INTER -LOCAL AGREEMENT / DEVELOPMENT OF INNER-CITY PASSENGER RAIL STATION AND INTERMODAL CENTER WITH MIAMI-DADE COUNTY (ALL ABOARD FLORIDA) / FILE ID NO. 14-00209 / RESOLUTION NO. 14-0091 EFFECTIVE DATE September 17, 2014 ATTESTED BY 9/30/2014 ATTESTED DATE TODD B. HANNON DATE RECEIVED FROM ISSUING DEPT. 5/11/2020 NOTE 3 o7 7 This Interlocal Agreement ("Agreement") is entered into thi • INTERLOCAL AGREEMENT FOR DEVELOPMENT OF INTER -CITY PASSENGER RAIL STATION AND INTERMODA.L CENTER day of 2014, by and between Miami -Dade County, a political subdivision of the State Of Florida (County), and the City of Miarni,. a municipal corporation Iodated within the geographic boundaries Of Mimi -Dade County, Florida ("City") pursuant to The Florida Interlocal Cooperation Act of 1909 Chapter 163, SectiOn 163.01, Florida Stattites (2012), Section 6.06 Of the Miami -Dade County Home Rule. Charter and 'Section 33-3.14(A)(4) of the Code of Miami- . Dade County, Florida. W1TNESSETH: WHEREAS, the County has adopted Chapter 33C'Of the Code ofMiami-Dade. tonnty, FlOricis. ("County Code"), Which establishes the Rapid Transit Zone ("RTZ") and grants exclusive jurisdiction to the County for purposes of building and °bning approVals, water and' sewer installations, environmental compliance, street maintenance, and utility regulation for all property located Within the RTZ; and ( WHBREAS, 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.' /8453, 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 timaing of desired improvements; and WHEREAS, Chapter 33 C provides for municipal participation in. the design, review, zoning, and development process through the Rapid. Transit Developmental Impact Committee ("RTDIC"), whichincludes representation from the municipality in which the Project (as defined below) located. WHEREAS, the County is considering the adoption of an ordinance (Exhibit "A") which would extend the boundary of the RTZ to include a. Downtown Intermodal District Corridor 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. WHEREAS, the expanded boundary of the RTZ includes within the Subzone that certain property depicted in the attached Exhibit "C" (the "Property") which is owned by .FDG Flagler Station II LLC, its parents, affiliates, successors and/or assigns ("Owner"), and Owner desires .to develop and operate an inter -city passenger rail station and intermodal center (the "Project"), integrated with the Miami -Dade County Metrorail. and Metromover systems. WHEREAS., the Project abuts and shall be integrated with existing, County -controlled public transportation facilities, including the Government Center Metrorail Station, the Overtown Metrorail Station, and the Metromover system. WHEREAS, the Project is of Countywide and regional importance and will. bring substantial 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, reducing area traffic congestion and pollution and linking Miami -Dade, Broward, Palm Beach, and Orange Counties with a direct, environmentally friendly inter -city passenger rail system. 2 6 • 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. The Countyand the City agree that the above recitals aretrue and correct and are inco'fporated herein. • 2. • City agrees and iecanfirrns that its previous acknowledgment of theRTZ and the requirement that development within -tlie RTZ confoini With applicable provisions of Chapter 33C, as amended, remains in full force and effect. The City and the County expressly recognize and authorize the eipansion of the RTZ zone boundaries to include the lands located within the' Sdbzone, including the Property.' :3r • • The County and -the City agree that, upon the "adoption by the County of art amen hn.ent 'Co Chapter' 33C of the Code of 1\4 arni-Dade County, Florida, in substantially the forma attached hereto as 'Exhibit "A", the County' shall exercise exclusive jurisdiction over the Subzone, the Property and the development 'of the Project and shall, in accordance with its Hiles and iegulations, perform all' regulatory 're -Views 'relating'to '•the development of the' Project, including zoning approvals and construction permitting. 4: The'County agrees'that the County 'shall exercise its jurisdiction over the Project in a mamer' that addresses the transportation needs'ef *counties and urban. centers throughout South Florida and the State of Florida, and that supparts+the City''s commitment to principles of 3 urban planning, including responding to the existing conditions . of the City, its . downtown context, and its natural features, infrastructure, and buildings. 1 5. 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 Subzoneand on. the.. Property,.. as . supplemented by this Agreement. ' 6. 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 thatthe City representatives present atan 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. of a recommendation .or a decision for denial by . the RTDIC, nine '(9) Commissioners of the thirteen (13) Board of County Commissioners can override the denial.. 7. 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; (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. 4 7 8. At least six (6) weeks prior to the scheduled public hearing of any amendments to the adopted version of Section 33C-9 (see Exhibit A), the County shall mail or 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. 9. - 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. 10. This Agreement shall remain in effect for thirty years, and thereafter automatically renew for successive ten year terms unless terminated by mutual agreement of the County and the City, as approved by majority vote of their respective governing bodies. 1N WITNESS WHEROF, the parties have caused this interlocal Agreement to be executed on their be Al _LEST Hary �er the date first stated above: cYl?�r' V'1 b . S ova j pA��Y (� Yd' •pry t' �1 Q " s4 . 5 MIAMI DADE CO A political s Florida, B Y, FLORIDA, the State of CITY OF MIAMI, a Municipal Corporation of the State of Florida By: 9 City Manage 4011I OCT 11'1 31 rir I Al