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Item O15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 20, 2008 Division: BOCe Bulk Item: Yes ~ No Department: Mavor Mario Di Gennaro Staff Contact: T. Lundstrom, 305 289-6000 AGENDA ITEM WORDING: Approval of an lnterlocal Agreement between Monroe County and its Municipal partners to allow transferable development rights across jurisdictional boundaries within the County. ITEM BACKGROUND: County officials have received inquiries regarding the transfer of development rights from lands within municipal boundaries to properties within unincorporated Monroe County. The proposed ILA will continue to further the intent of Monroe County Comprehensive Plan, Monroe County Land Development Regulations, and the Statutes of the State of Florida by encouraging development in appropriate infill areas regardless of jurisdictional boundaries. Transfers in accordance with this proposed ILA will require compliance with Monroe County Code. PREVIOUS RELEVANT BOCC ACTION: June 16, 2004 the Board approved an Interlocal Agreement between the County and the City of Key West for the transfer of 18 affordable ROGO allocations. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval TOTAL COST: n/a BUDGETED: Yes No COST TO COUNTY: n/a SOURCE OF FUNDS: REVENUE PRODUCING: Yes No x AMOUNTPERMONTH_ Year APPROVED BY: County Atty ~ OMB/Purchasing _Risk Management_ DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 11/06 AN JNTERLOCAL AGREEMENT BETWEEN MONROE COUNTY AND ITS MUNICIPAL PARTNERS TO ALLOW TRANSFERABLE DEVELOPMENT RIGHTS ACROSS JURISDICTIONAL BOLNDARIES WITHIN THE COUNTY This Agrecm~nt ("Agreement") is made and entered into this day of ~__, 2008 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 ("County"); and the City of Key West, a municipal corporation of the State of Florida, whose address is 525 Angela Street, Key West Florida 33040; and the City of Marathon, a municipal corporation of the State of Florida, whose address is 9805 Overseas Highway, Marathon, FL 33050; and lslamorada, Village of Islands, a municipal corporation of the State of Florida, whose address is 8] 990 Overseas Highway, lslamorada, FL 33036; and The City of Layton, a municipal corporation of the State of Florida, whose address is 68260 Overseas Highway, Long Key, FL 33001; and The City of Key Colony Beach, a municipal corporation of the State of Florida, whose address is City Hall, Ocean Drive, Key Colony Beach, FL 33051. WITNESSETH: WHEREAS, Monroe County recognizes the value of regional partnerships in smart growth; and WHEREAS, Monroe County has previously entered into Interlocal Agreements with its municipalities to accept ROGO units; and WHEREAS, Monroe County has been approached hy various interested parties seeking the potential transfer of development rights from a municipal entity to unincorporated Monroe County to tacilitate project completion in a iinancially sound manor; and WHEREAS, Monroe County has previously recognized the potential for transferable development rights within the real property holdings of the Florida Keys Land & Sea Trust/Crane Point; and WHEREAS, Monroe County recognizes the value of deflating jurisdictional boundaries to facilitate even development potential within the regional planning area; and Page I of5 Reviewer: WHEREAS, Monroe County recognizes the potential economic value of such transferable rights and desires to reuuce the limitations on realizing potential protits for such local entities as Crane Point; and WHEREAS, this Agreement is entered into according to the authority of Florida Statutes, Section 163.01 et. seq. Florida lnterlocal Cooperation Act of 1969, which states "It is the purpose of this section to pennit local government units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities."; and \VHEREAS, the comprehensive plans of the County and the Municipalities expressly identify interlocal agreements as a means of resolving issues mutually atlecting their respective jurisdictions; and WHEREAS, all parties have determined that this Agreement is in the best interests of the public; NOW, THEREFORE, the parties agree as follows: Section I. TRANSFER: The parties agree to permit the transfer of development rights from the Municipalities mentioned herein to the unincorporated area of Monroe County if the transfer adheres to the tolJowing conditions: I. The local planning authority for the sending jurisdiction provides a written account of development rights to be transferred, detailing at a minimum: a. any conditions on transfer to the unincorporated area of Monroe County b. an accurate accounting of the total development rights available to the sender site, the amount proposed tor transfer, and the amount remaining following the successful transfer 2. The sender party shall adhere to all of the requirements governing transfer of development rights found in the Monroe County 2010 Comprehensive Plan and the Land Development Rel"lUlations including but not limited to: 3. environmental sensitivity requirements b. density requirements c. procedural requirements requiring a minor conditional use approval to complete the transfer from the sender site(s) and the receiver site(s) Section 2. TERM: Subject to and upon the tenns and conditions set forth herein, this Agreement shall continue in force until otherwise retracted by action of the County or any particular Municipality affecting only its jurisdiction. Page 2 of 5 Reviewer: Section 3. GOVERNING LA WS!VENUE: This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. This Agreement is not subject to arbitration. Section 4. NONDISCRIMINATION. The Parties agree that there will be no discrimination against any person, and it is expressly understood that upon a detennination by a court of competent jurisdiction that discrimination has occurred. this Agreement automatically terminates without any further action on the part of any party, etfective the date of the court order. The Patties ab'Tec to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: (I) Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) which prohibits discrimination on the basis of race, color or national origin; (2) Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.c. s. 794), which prohibits discrimination on the basis of handicap; (3) The Age Discrimination Act of ] 975, as amended (42 U. S.C. 5S. 6101-6107), which prohibits discrimination 011 the basis of age; (4) The Drug Abuse Office And Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (5) The Comprehensive Alcohol Abuse And Alcoholism Prevention, Treatment and Rehabilitation Act of ] 970 (P. L. 9 I -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (6) The Public Health Service Act of 1912, 5S. 523 and 527, (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (7) The Americans With Disabilities Act of 1990 (42 D.S.C. s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; (8) The Florida Civil Rights Act of 1992t (Chapter 760, Florida Statutes, and Section 509.092, Florida Statutes), as may be amended from time to time, relating to nondiscrimination; and (9) any other nondiscrimination provisions in any federal or state statutes or local ordinances which may apply to the parties to, or the subject matter of, this Agreement Section 5. CODE OF ETHICS. The parties agree that their officers and employees recognize and will be required to comply with the standards of conduct relating to public otlicers and employees as delineated in Section I 12.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 6. NO SOLICITATION/PAYMENT. The Parties warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or finn, other than a bona tIde employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the each party agrees that the other party shall have the right to terminate this A!,J}"eement without liability and, at its discretion, to Page3of5 Reviewer: offset from monies owed, or otherwise recover, the full amount of such tec, commission, percentage, gift, or consideration. Section 7. SlJBORDINA nON: This Agreement is subordinate to the laws and regulations of the United States, State of Florida. and the County, whether in effect on commencement of this agreement or adopted after that date. Section 8. INCONSISTENCY: If any item, condition or obligation of this agreement is in conflict with other items of this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the County's responsibility and liability. Section 9. PUBLIC ACCESS TO RECORDS. The Parties shall allow and pennit members of the public reasonable access to, and inspection of, all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the parties in conjunction with this Agreement. Section 10. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the parties agree that neither the FKAA nor the County and Municipalities or any agent. officer, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 11. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of a party in his or her individual capacity, and no member, officer, agent or employee of a party shall he liable personaJIy on this Agreement or be subject to any personal liability or accountability by reason ofthe execution of this Agreement. Section 12. NOTICES: Notices in this Agreement, unless othelV/ise specified, must be sent by certified mail to the parties at their respectively listed addresses. Section 13. FULL UNDERSTANDING: This Agreement is the parties' mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. Section 14. EFFECTIVE DATE: This Agreement shall take effect on August 20, 2008 for the undersigned parties. IN WITNESS WHEREOF, each party has caused this Agreement to he executed by its duly authorized representative. Page 4 of 5 Reviewer: (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By: Deputy Clerk CITY OF KEY WEST By: Mayor Morgan McPherson ATTEST: Clerk ISLAMORADA, VILLAGE OF ISLANDS By: Mayor Cathi Hill ATTEST: Clerk KKEY COLONY BEACH By.: Mayor Ron Sutton ATTEST: Clerk Page 5 of5 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By:__~ Mayor Mario DiGennaro CITY OF MARATHON By:_~ Mayor Pete Worthington: ATTEST: Clerk >- ill.. Z::!: a: a: 00 I-u.. ~o ~1- l-CJ) Z<t: ::::J CJ ( OUJ o ill oa:" a:Q.. 5~ ~ ~ CITY OF LAYTON By: Mayor Nonnan Anderson A TrEST: Clerk Revi~wer: