HomeMy WebLinkAboutR-2006-088 LAC Monitoring RESOLUTION NO. 2006-088
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE AN.INTERLOCAL AGREEMENT WITH BROWARD COUNTY
FOR THE MONITORING OF DEVELOPMENT ACTIVITY AND
ENFORCEMENT OF PERMITTED LAND USES IN THE DANIA BEACH
LOCAL ACTIVITY CENTER;PROVIDING FOR CONFLICTS;FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That that certain Interlocal Agreement between Broward County and the City
of Dania Beach for the monitoring of developments activity and enforcement of permitted land uses
in the Dania Beach Local Activity Center,in substantial form as appearing in Exhibit"A",attached,
is approved and the proper City officials are authorized to execute it.
Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 3. That this Resolution shall be in force and take effect immediately upon
passage and adoption.
PASSED AND ADOPTED on May 9, 2006.
PATRICIA FLURY
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO F RM ND CORRECTNESS
BY:
THOMAS J.�NSBR
CITY ATTORNEY
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INSTR#106210173
Return recorded document to: OR BK 42312 Pages 377-382
RECORDED 06/29/06 09:50:48
Maite Azcoitia, Deputy County Attorney BROWARD COUNTY COMMISSION
DEPUTY Broward County Attorney's Office #,6 PagesLERK 1012
115 S. Andrews Avenue, Room 423
Ft. Lauderdale, Florida 33301
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Broward County Attorney's Office
115 S. Andrews Avenue, Room 423
Ft. Lauderdale, Florida 33301
INTERLOCAL AGREEMENT FOR THE
MONITORING OF DEVELOPMENT ACTIVITY AND
ENFORCEMENT OF PERMITTED LAND USES
IN LOCAL ACTIVITY CENTER
This is an lnterlocal Agreement, made and entered into by and between:
BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to
as "COUNTY,"
AND
CITY OF DANIA BEACH, a Florida municipal corporation, created and existing
under the laws of the state of Florida, hereinafter referred to as "CITY."
WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida
Statutes, also known as the "Florida lnterlocal Cooperation Act of 1969"; and
WHEREAS, it is the purpose and intent of the parties to this lnterlocal Agreement,to
permit COUNTY and CITY to make the most efficient use of their respective powers,
resources and capabilities by enabling them to cooperate on the basis of mutual advantage
and thereby accomplish the objectives provided for herein in the manner that will best
accord with the existing resources available to each of them and with the needs and
developments within their respective jurisdictions; and
WHEREAS, the density and intensity of land uses permitted within each Local
Activity Center (LAC) is specified within the Broward County Land Use Plan; and
WHEREAS, CITY has pro
dperty within its jurisdiction designated as LAC that area
generally boudnd by Northeast 2" Street on the north, the eastern City limits on the east,
Southeast 2 Street on the South and the FEC railroad on the west, within the CITY;and
WHEREAS, CITY and COUNTY wish to provide that the monitoring of develop went
activity and the enforcement of permitted land uses shall be the responsibility of CITY,
NOW, THEREFORE,
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IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
BACKGROUND; PURPOSE AND INTENT
1.1 The above recitals are true and correct and incorporated herein as if set forth in full
hereunder.
1.2 It is the purpose and intent of this lnterlocal Agreement for COUNTY and CITY,
pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a means
by which each governmental entity may exercise its respective powers, privileges
and authorities which they share in common and which each might exercise
separately in order to further a common goal.
ARTICLE 2
MONITORING OF DEVELOPMENT ACTIVITY
2.1 CITY agrees to monitor development activity and to enforce permitted land use
densities and intensities within the LAC consistent with the effective land use plan
as certified by the Broward County Planning Council.
2.2 CITY agrees to submit quarterly reports to the Broward County Planning Council
• setting forth its monitoring and enforcement activities within the LAC to enable
COUNTY to ensure that the density and intensity of land uses within the LAC are
being complied with by CITY.
ARTICLE 3
INDEMNIFICATION
CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and COUNTY is a
political subdivision of the State of Florida. Each agrees to be fully responsible for acts and
omissions of their elected officials, agents or employees to the extent permitted by law.
Nothing herein is intended to serve as a waiver of sovereign immunity by any party to
which sovereign immunity may be applicable. Nothing herein shall be construed as
consent by a state agency or political subdivision of the State of Florida to be sued by third
parties in any matter arising out of this Agreement or any other contract.
ARTICLE 4
MISCELLANEOUS
4.1 Joint Preparation: The preparation of this lnterlocal Agreement has been a joint
effort of the parties hereto and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against one of the parties than
the other.
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4.2 Entire Agreement and Modification: This Interlocal Agreement incorporates,
• supersedes and includes all prior negotiations, correspondence, conversations,
agreements or understanding applicable to the matter contained herein. It is further
agreed that no change, alteration or modification in the terms and conditions
contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
4.3 Records: In accordance with the Public Records Law, CITY agrees to permit
COUNTY to examine all records and grants COUNTY the right to audit any books,
documents and papers that were generated during the course of administration of
the "Site". CITY shall maintain the records, books, documents and papers
associated with this Interlocal Agreement in accordance with the Public Records
Act.
4.4 Recordation/Filing: This Agreement shall be recorded in the public records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969.
4.5 Default: In the event of any default or breach of any of the terms of this Interlocal
Agreement, it is specifically acknowledged and agreed that either party shall, in
addition to all other remedies which may be available in law or equity, have the right
to enforce this Interlocal Agreement by specific performance, injunctive relief,
prohibition or mandamus to compel the other party to abide by the terms of this
Interlocal Agreement.
4.6 Notices: Whenever either party desires to give notice unto the other, such notice
must be in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For the present,
the parties designate the following as the respective places for giving of notice:
FOR COUNTY:
Administrator
Broward County Planning Council
115 S. Andrews Avenue, Room 307
Fort Lauderdale, Florida 33301-4801
FOR CITY:
Ivan Pato, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
3
With a copy to:
• Thomas J. Ansbro, City Attorney
100 West Dania Beach Blvd.
Dania Beach, Florida 33004
4.7 Choice of Law; Waiver of Jury Trial: Any controversies or legal problems arising out
of this transaction and any action involving the enforcement or interpretation of any
rights hereunder shall be submitted to the jurisdiction of the State courts of the
Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall
be governed by the laws of the State of Florida. To encourage prompt and
equitable resolution of any litigation that may arise hereunder, each party hereby
waives any rights it may have to a trial by jury of any such litigation.
4.8 Conflict: In the event that this Interlocal Agreement conflicts with any other
agreement pertaining to the monitoring of development activity and the enforcement
of the density or intensity of permitted land uses within the LAC, CITY and COUNTY
agree that the terms and conditions contained in this Interlocal Agreement shall
prevail.
4.9 Counterpart Originals: The parties agree that this Agreement may be executed in
counterparts, and that collectively the counterparts shall be considered an original
agreement and shall be deemed legally sufficient and binding upon the parties.
•
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IN WITNESS WHEREOF, the parties have made and executed this Interlocal Agreement
• on the respective dates under each signature: BROWARD COUNTY through its BOARD
OF COUNTY COMMISSIONERS, signing by and through itsayor or Vice Mayor,
authorized to execute same by Board action on the abl"'--day of z. �,� , 20
and CITY OF DANIA BEACH, signing by and through its t.t:�yU , duly
authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
COUNTY COI 1MISSIONERS
."Co�irtify Adrrfiinistrator and a C:PSA7E0B
/ fficio Clerk of t CT. 1ST y_s � � Mayor
the Board of County 1815
Commissioners of Browa�d -i- d;/ i
County, Florida , °' �°:':. ay of ���•-�- 20 r� ,
r� � S=�•
Approved as to form by
• Office of County Attorney
Broward County, Florida
Jeffrey J. Newton, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
Byg_,P�,.z
Assistant County Attorney
5
INTERLOCAL AGREEMENT FOR MONITORING OF DEVELOPMENT ACTIVITY AND
ENFORCEMENT OF PERMITTED LAND USES IN LOCAL ACTIVITY CENTER
• CITY
CITY OF DANIA BEACH,
a Florida Municipal Corporation
ATTEST
LOUISE STILSON, CMC PATRICIA FLURY
CITY.CLERK MAYOR
IV �P T
ITY`MANAGER
APPROVED FOR FORM
AND CORRECTNESS:
f
l;
THOMAS J. ANSBRO
CITY ATTORNEY
MXA/
12/9/05
LAC-a01
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.9 r � FLORIDA
May 22, 2006
Maite Azcoitia
Deputy County Attorney
Broward County Attorney's Office
115 S. Andrews Avenue, Room 423
Ft. Lauderdale, FL 33301
RE: INTERLOCAL AGREEMENT-LAC MONITORING
Dear Ms. Azcoitia:
On May 9, 2006, the Dania Beach City Commission adopted Resolution No. 2006-088,
approving the above Interlocal Agreement.
+� Enclosed are three original agreements that have been executed by the City of Dania
Beach. These agreements now require final execution by Broward County. Upon
execution, please return one original to us for our records.
If you have any questions regarding this agreement, please contact Thomas J. Ansbro,
City Attorney, at 954-924-3635.
Sincerely,
Miriam Nasser
Deputy City Clerk
Enclosures
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us