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Home My WebLink AboutR-2011-068 - Executes an Interlocal Agreement with BC Pertaining to Monitoring of Development Activity & Enforcement of Permitted Land Uses in the Regional Activity Center (RAC) RESOLUTION NO. 2011-068 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 PERTAINING TO THE MONITORING OF DEVELOPMENT ACTIVITY AND ENFORCEMENT OF PERMITTED LAND USES IN THE REGIONAL ACTIVITY CENTER ("RAC"); 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 the proper City officials are authorized to execute an Interlocal Agreement with Broward County, pertaining to the monitoring of development activity and enforcement of permitted land uses in the Regional Activity Center ("RAC"), a copy of which Agreement is attached as Exhibit"A". 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 That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict.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 full force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on July 12, 2011. ATTEST " A6— LOUISE STILSON, CMC PATRICIA A. FLURY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS ��'o�Pskp's F1 rC/1' THO S . A SBRO CITY ATTORNEY �ti EXHIBIT `A' Return recorded document to: Maite Azcoitia,Deputy County Attorney Broward County Attorney's Office 115 S.Andrews Avenue,Rm 423 Ft.Lauderdale,FL 33301 Document prepared by: Maite Azcoitia,Deputy County Attorney Broward County Attorney's Office 115 S.Andrews Avenue,Rm 423 Ft.Lauderdale,FL 33301 1NTERLOCAL AGREEMENT FOR THE MONITORING OF DEVELOPMENT ACTIVITY AND ENFORCEMENT OF PERMITTED LAND USES IN REGIONAL ACTIVITY CENTER This is an Interlocal 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 Chapter 163.01,Florida Statutes,also Interlocal C eration Act of 1969 and known as the FloridaCooperation , WHEREAS,it is the purpose and intent of the parties to this Interlocal 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 Regional Activity Center(RAC) is specified within the Broward County Land Use Plan; and WHEREAS, CITY has the Dania Beach Regional Activity Center (RAC) within its jurisdiction; and 2 RESOLUTION#2011-068 WHEREAS, CITY and COUNTY wish to provide that the monitoring of development activity and the enforcement of permitted land uses shall be the responsibility of CITY; NOW, THEREFORE, 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 Interlocal Agreement for COUNTY and CITY,pursuant to Section 163.01,Florida Statutes,as amended,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 RAC 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 RAC to enable COUNTY to ensure that the density and intensity of land uses within the RAC are being complied with by CITY. ARTICLE 3 INDEMNIFICATION CITY is a state agency as defined in Chapter 768.28,Florida Statutes,as amended,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. 3 RESOLUTION 42011-068 ARTICLE 4 MISCELLANEOUS 4.1 Joint Preparation: The preparation of this Interlocal Agreement has been a j oint 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. 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,Rm. 307 Fort Lauderdale,Florida 33301-4801 FOR CITY: City of Dania Beach, Florida 4 RESOLUTION#2011-068 Attn: Robert Baldwin, City Manager 100 W. Dania Beach Boulevard 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 RAC, 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. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 5 RESOLUTION#2011-068 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 its Chair or Vice Chair, authorized to execute same by Board action on the day of , 20_, and CITY OF DANIA BEACH,FLORIDA,signing by and through its ,duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its Board of County Commissioners County Administrator and By Ex-Officio Clerk of Mayor the Board of County Commissioners of Broward County, Florida day of , 20 Approved as to form by Office of the Broward County Attorney Joni Armstrong Coffey, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Deputy County Attorney 6 RESOLUTION#2011-068 INTERLOCAL AGREEMENT FOR MONITORING OF DEVELOPMENT ACTIVITY AND ENFORCEMENT OF PERMITTED LAND USES IN REGIONAL ACTIVITY CENTER CITY WITNESSES: CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation B Y PATRICIA A. FLURY MAYOR day of July, 2011. ATTEST: B Y ROBERT BALDWIN LOUISE STILSON, CMC CITY MANAGER CITY CLERK day of July, 2011. (CORPORATE SEAL) APPROVED AS TO FORM: By THOMAS J. ANSBRO CITY ATTORNEY MA/ 6/9/11 RACdania-a01 #10-401.05 7 RESOLUTION#2011-068