HomeMy WebLinkAboutInformal Packet 06-04-2009 J _
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AGENDA
THURSDAY, JUNE 4, 2009
9:00 A.M.
INFORMAL MEETING
1. CALL TO ORDER -COMMISSIONER LEWIS, CHAIR BOARD OF COUNTY COMMISSIONERS
2. DISCUSSION ON WESTERN LANDS STUDY CONCEPT
-PAYE OUTLAW/MARK SATTERLEE
3. DISCUSSION ON REVISED JOINT PLANNING AND INTERLOCAL SERVICE BOUNDARY
AGREEMENT -CITY OF FORT PIERCE
-DAN MCINTYRE
4. QUESTIONS AND COMMENTS
5. ADJOURNMENT
CONFERENCE ROOM #3
ROGER POITRAS ADMINISTRATION ANNEX
2300 VIRGINIA AVENUE, FORT PIERCE FLORIDA 34982
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the
request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Anv ~artv to the oroceedinas will ha nrantari tha
- ITEM N0.2
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Daniel S. McIntyre, County Attorney
FROM: Heather Sperrazza Lueke, Assistant County Attorney
C.A. NO: 09-689
DATE: May 28, 2009
SUBJECT: Western Lands Planning Proposed Interlocal Agreement
Per your request, I have researched the issue of whether Commissioner Coward's position on the board
of directors of TCRC&D affects the County's ability to enter into an Interlocal Agreement with them
for planning services.
First, TCRC&D is anon-profit entity, not a governmental agency. They therefore do not fall under the
definition of a "public agency" under Section 163.01, Florida Statutes (2008), and cannot enter into
Interlocal Agreements. If the County wishes to use an Interlocal Agreement to choose its lead
consultant, TCRC&D would not be eligible.
Second, Section 112.313(3) prohibits doing business with one's agency, stating in part that no public
officer acting in his or her official capacity shall either directly or indirectly purchase services for his
or her own agency from any business entity of which the officer is a director. Also, Section 112.313 (7)
prohibits public officers from having a contractual relationship with a business entity which is doing
business with an agency of which he or she is an officer. I called the Commission on Ethics and they
stated that, under these circumstances, the County could not enter into a contract with TCRC&D so
long as Commissioner Coward remains on its board of directors.
Please let me know if you have any questions.
HSL/
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ITEM N0.2
~ GROWTH MANAGEMENT DEPARTMENT
® PLANNING DIVISION
MEMORANDUM
TO. Board of County Commissioners
FROM: Mark Satterlee, Growth Management Director
Kara Wood, Planning Manager
DATE: May 18, 2009
SUBJECT: Western Lands Planning
May 26, 2009 BOCC Informal Meeting
At the April 28, 2009 BOCC Informal Meeting, staff presented a draft outline for a Western Lands
Planning Study. The outline included a proposed study area, framework and options for selecting a lead
consultant. After reviewing this information, the Commission requested that staff elicit feedback from
the public and return with this information in a follow-up discussion at the May informal meeting.
Staff solicited public comment through
1. responding to a number of requests on April 29~' to receive a copy of the PowerPoint
presentation given to the BOCC,
u „
2. posting a Western Lands Update link on the Growth Management web page on April 30th with
a summary of the study intent, a link to the PowerPoint presentation given to the BOCC on April
28"', and an email link to staff for any comments,
3. posting a link to same from the St. Lucie County main web page on May 5th, and
4. sending an email blast on May 4th to all addresses in our contacts list notifying them that the
information was posted and staff was receiving comments through May 18tH
To date, staff has received two comments in response, one from a citizen and one from FDOT. Both
comments were forwarded to the Commissioners upon receipt with staffs response and are attached
for your review. None of the feedback so far has requested any change to the proposed study
framework or speck direction on the selection of a lead consultant.
Staff requests BOCC direction on the proposed study framework and the method for choosing a lead
consultant. The three options remain as follows:
1. Establish Interlocal Agreement with other public agency (i.e. TCRPC, FAU, UF, TCRC8~D)
• No competitive selection process required
• County can provide input/approve technical team
2. Choose from private firm on continuing contract for planning (i.e. MSCW, Miller Legg)
• No additional competitive selection process required
• County can provide input/approve technical team
3. Utilize RFQ/RFP process
• Competitive selection process 4-6 months minimum
• Typically involves a team established by proposer
ITEM N0.3
= ~ _ INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
•
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TO: Board of County Commissioners
County Administrator
FROM: Daniel 5. McIntyre, County Attorney "
G
C.A. NO.: 09-0679
DATE: May 27, 2009
SUBJECT: Joint Planning and Interlocal Service Boundary Agreement -City of
Fort Pierce
Attached is an outline of issues based on the current draft County agreement. Also
attached is a blackline version of the current draft agreement and a proposed map of the Joint
Planning Aren. The current County draft wns drafted in part in response to the City's draft
agreement the scope of which was initially restricted to the Research Park. As such, the
County's current draft contemplates a series of agreements with the City. One of the issues
that the Board may wish to discuss is whether it makes sense for the County to propose a
"global" agreement now (in lieu of the current draft) in.view of the City's decision to table
consideration of the ordinances annexing the Research Park.
DSM/caf
Attachments
Copy to: Growth Management Director
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Joint Planning and Interlocal Service Boundary Agreement-St. Lucie County ~ City of Fort Pierce
Based on Draft County Agreement
Issues County
Term Proposed 20 Years
Mnp of Joint Planning Area (JPA) Map attached
Research Park Annexation No annexation by the City
Research Park Permits County to issue development permits
Annexations within the JPA but outside the The County is willing to discuss as part of
Research Park but inside FPUA retail service area negotiations on a broader interlocal service
(Potential Annexation Area "A") boundary agreement whether the property that is
inside the FPUA retail service urea may be annexed
without contiguity
Areas outside the Research Park and outside the Eligible for Annexation with the consent of the
FPUA retail service area County if they are within the Urban Service
Boundary
Plan to negotiate an agreement on properties (e.g. Parties agree to enter into negotiations within 3
airport, landfill, jail, etc.) as set out in the months and agree to finalize an additional interlocal
County's initiating resolution service boundary agreement within 12 months
Design Charette City and County to coordinate
Special Planning Area Study County proposes a study of the area around the .
Research Park
Transportation Concurrency Management Area County proposes creating a TCMA for Kings
Highway adjacent to the Research Park
Green Building Standards County proposes that Green Building standards
apply within the Research Park
Ad Valorem Tax Abatement Offers qualified applicants economic incentives
including ad valorem tax incentives
TCERDA Board Membership Not addressed
5:\ATTY\Docs\7PA Matrix.wpd
171 ISSUES OUTLINE
TERM: Maximum of 20 years per Section 171.203(12)
[Renegotiation must begin at least 18 months before the termination
date]
PARTIES: St. Lucie County
City of Fort Pierce
[Note: City of Port St. Lucie and any Independent Taxing Districts
within unincorporated service wren may request participation in the
negotiations per Section 171.203(2) and (3)
SERVICE AREAS:
- .Identify municipal service area
- Identify unincorporated service area
Services
- Public Safety .
- Water and Wastewater (Existing Interlocal Agreement)
- Fire, emergency rescue and medical (St. Lucie County Fire
District)
- Road ownership, construction and maintenance
- Conservation, parks and recreation
- Stormwater management and drainage
Service Delivery
Issues:
- Transfer of services and infrastructure (e.g. roads, drainage,
parks)
- Report by City of City's planned service delivery
- Joint use of facilities
ANNExATION AREA:
- tied to service areas?
- process; schedule
H:\MISC\171 Issues Outline.wpd -1'
Voluntary Annexations within
the municipal service area:
- Eliminate contiguity requirement? Effect on service delivery.
- Eliminate compactness requirement? Effect on service delivery.
- Allow creation of enclaves? Effect on service delivery.
- Exempt County facilities/properties from annexation?
Involuntary (Legislative)
Annexations:
- Develop "f lexible process" for securing consents to annexations.
Statute does not empower the parties to waive "consent" by
Interlocal Service Boundary Agreement.
- At initial meeting, City staff seemed to "tie" City agreement on
the interlocal service boundary agreement to agreement by
County on specified "legislative" annexations.
- Require the City to undertake/fund a f fiscal analysis impact upon
the County regarding annexations under their process.
SPECIAL SITES:
Research Park:
- Agreement not to annex? Void previous consent to annex?
- Joint planning/charette of area surrounding park
- Infrastructure delivery and services
Airport:
- Agreement not to annex?
- Void previous consent to annex?
- Identify unincorporated service area?
- Discuss permitting-land use control (Airport Industrial Park
West)
H:\MISC\171 Issues Outline.wpd -2-
Landfill:
- Current agreement allows City to annex in 2009.
- Renegotiate
- Discuss permitting-land use control
Jail
- Agreement not to annex? ,
- Voids previous consent to annex
- Discuss permitting-land use control
LAND USE/ZONING/CONCURRENCY
- Incorporate service areas into comprehensive plans
- Clarify when City may rezone annexed property (after inclusion
in City's comprehensive plan or upon annexation)
- Joint Planning?
- Concurrency management system agreement
H:\MISC\171 Issues Outline.wpd -3-
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JOINT PLANNING AND
INTERLOCAL SERVICE BOUNDARY AGREEMENT
BETWEEN
THE CITY OF FORT PIERCE AND
ST. LUCIE COUNTY
(TREASURE COAST RESEARCH & DEVELOPMENT PARK
ANb SURROUNDING AREAS)
This Joint Planning and Interlocal Service Boundary Agreement (the "Agre ment"
is made and entered into this day of , 2009, by and between t e City
of Fort Pierce, a municipal corporation organized and existing under the laws of the 5 ate of
Florida (the "City") and St. Lucie County, a political subdivision of the State of Flori a (the
"County").
WHEREAS, the City possesses Municipal Home Rule Powers pursuant to Articl VIII,
Section 2(b), Florida Constitution and Section 166.021, Florida Statutes; and
WHEREAS, the County.possesses Home Rule powers as anon-charter county pu scant
to Section 125.01, Florida Statutes; and.
WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01, lorida
Statutes, encourages and empowers local government to cooperate with one snot er on
matters of mutual interest and advantage, and provides for interlocal agreements b tween
local governments on matters such as annexation and joint planning; and
WHEREAS, the Municipal Annexation or Contraction Act, Chapter 171, Part I, lorida
Statutes, and the Interlocal Service Boundary Agreement Act, Chapter 171, Part II, lorida
Statutes, recognizes the use of interlocal service boundary agreements and joint pl nning
agreements as a means to coordinate future land use, public facilities and service ,and
protection of natural resources in advance of annexation; and
WHEREAS, the Local Government Comprehensive Planning and Land Develo meet
Regulation Act, Chapter 163, Part II, Florida Statutes, requires that counties and cities
include in their respective planning efforts intergovernmental coordination and partic lady,
mechanisms for identifying and implementing joint planning areas, especially for the p rpose
of annexation; and-
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WHEREAS, the State Comprehensive Plan requires local governments to direct
development to those areas which have in place the land and water resources, fiscal abilities
and service capacities to accommodate growth in an environmentally acceptable manner; and
WHEREAS, the State Comprehensive Plan requires focal governments to protect the
substantial investment in public facilities that already exist and to plan for and finance new
facilities in a timely, orderly, and efficient manner; and,
WHEREAS, the City and the County wish to adequately plan and develop the area
around the Treasure Coast Research and Development Park ("Research Park"), as depicted on
Composite Exhibit "A", attached hereto and incorporated herein by this reference, and
surrounding areas, identify the appropriate land uses and transportation infrastructure needs
and provider for such lands, ensure protection of natural resources, jointly develop economic
development initiatives including the identification of jobs corridors and agree on certain
procedures for the timely review and processing of development proposals within those areas;
and
WHEREAS, the extension of City and County facilities and services to the Research
Park and surrounding areas should be provided in prioritized phases. The process and timing
of annexation and development review processes for certain designated areas of the City and
County should be clearly identified and jointly coordinated in advance of the City and County
capital planning, commitment, and expenditure; and
. WHEREAS,~Subsection 163.3171(3), Florida Statutes, provides for the adoption of
joint planning agreements to allow counties and municipalities to exercise jointly the powers
granted under the Act; and
WHEREAS, the City Commission of the City, after consultation with its staff, has
determined that the lands included in the Joint Planning Area described herein may be
necessary to reasonably accommodate urban growth projected in the City during the term of
this Agreement; and
WHEREAS, the City and the County find that the benefits of intergovernmental
communications and coordination will accrue to both Parties; and
WHEREAS, the elected officials of the City and the County have met and negotiated
in good faith to resolve issues relating to annexation and joint planning of the
a areas surrounding the Research Park and wish to memorialize their
understanding in this Agreement; and
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WHEREAS, this Agreement is entered into pursuant to authority of Article II of
the Florida Constitution, the City of Fort Pierce Charter, and Chapters 125,163,166 a d 171,
Florida Statutes (2008).
NOW, THEREFORE, in consideration of the mutual covenants set forth n this
Agreement, the receipt and sufficiency of which are hereby acknowledged, the City nd the
County agree as follows:
1. Incorporation of Preamble. The Preamble above is true and correct and incorp rated
into this Agreement as if fully set forth herein.
2. Establishment of Joint Planning Aren. To establish the means and process b which
future annexations and planning activities will be accomplished, the City and the Coun (the
"Parties") hereby establish a Joint Planning Aren (JPA), depicted in Composite Exhi it "A",
attached hereto and incorporated herein by this reference. All areas specifically deli eated,
mapped and referenced in the legend on Composite Exhibit "A" are within the JPA.
3. Limitation on Future Annexations.
A. Within the Joint Planning Area, the City and the County agree to the-fo lowing
criteria on annexation:
1. The City agrees not to annex any property within the Researc Park.
The County agrees not to use as a basis for objecting to annexations ~ad jacent o the
Research Park the fact that the Research Park has not been annexed into the City an such
adjacent properties are not contiguous to the City municipal boundaries ursuant to art II
of Chapter 171. Florida Statutes.
2. The Count is willin to discuss as art o ne otiations on a b oader
interlocal service boundary agreement whether the areas outside the Research Pa k but
inside the FPUA retail service area, designated on Composite Exhibit "A" as Po ential
Annexation Area "A",may be annexed by the City without the requirement of contigui y with
City municipal boundaries.
3. Other areas outside the Research Park and outside the FPUA retail
service area, designated on Composite Exhibit "A" as " Area " are
eligible for annexation by the City with the prior written consent of the County"i th are
within the Urban Service Boundary 1
~e+e-s,
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B. The City and the County agree to develop a schedule of annexation for
properties within Potential Annexation Area "A" and "B" that
consist of land likely to be developed for urban and economic development purposes under the
term of this Agreement and which are therefore appropriate for annexation by the City.
C. The City and County agree that the City shall provide notice to the County
within thirty (30) days of receipt of any petition to annex properties within the JPA or
initiation of an annexation ordinance by the City. ,
j
4. Counter Consent to Annexations of Potential Annexation Arens by the City. If an
annexation ordinance of the City is adopted under the conditions set forth in this Agreement,
the County will not challenge, administratively, judicially, or otherwise, such annexations by
the City set forth in said annexation ordinance.
5. Land Use Infrastructure and Environmental Agreements for Potential Annexation
Arens
A-: Process for Incorporating Potential Annexation Areas into City
Comprehensive Plan. Future land uses are identified herein and agreed to by the City and
the County for each of the areas within Potential Annexation Area "A" and~errt+s~
#tne~#fet~ Area "B". These future land uses will be examined during the City's
comprehensive plan update pursuant to the Evaluation and Appraisal Report. During the
process to update the City's comprehensive plan, the city and County will agree on future land
use categories and design guidelines for the specific lands in Potential Annexation Area "A"
and Aren "B". The City will adopt the agreed to future land uses as an
overlay to its comprehensive plan. Specific policies addressing allocations of acreage, density,
and intensity of development shall be included for each future Innd use category.
r
,
Once in effect, the overlay will serve to
govern any future land use map amendments occurring after annexation. Prior to annexation,
the County will not revise its future land uses to redesignate any parcels in Potential
Annexation Area "A" and Area "B" to a use incompatible with the
designations set forth in this Agreement or the overlay.
"
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6. Intergovernmental Review and Coordination.
A. Coordination of Developments of Extrn,jurisdictionai Impact. The ity and
the County agree that the impacts of certain development, herein referred to as
"Developments of Extrajurisdictional Impacts," in close proximity to the boundaries of the
Research Park, whether within the City limits or in the unincorporated area of the ounty,
require that the Parties closely coordinate such developments in order to assure the rderly
and efficient provision of public facilities and services and compatibility of land use .
B. Developments of Extrajurisdictional Impact. defined. Developm nt of
Extrajurisdictional Impact shall have meaning Any development within the Joint Planning
Area set forth on Composite Exhibit "A"
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C. Coordination of CountX Planning Activit rte. The County will give the City
Planning Director, or designee, written notice of the following matters or applications that
relate to Developments of Extra jurisdictional Impact located within the unincorporated area
of the County depicted on Composite Exhibit "A" which matters or applications include but
are not limited to:
(1) Comprehensive Plan Amendments;
(2) Rezonings;
(3) Conditional uses/Special Exceptions;
(4) Planned Unit Developments; or
(5) Site Plans
D. Development Proposals within the City's Jurisdiction. The City will give the
County Growth Management Director, or his designee, written notice of matters or
applications that relate to Developments of Extrajurisdictional Impact located within the
municipal boundaries of the City depicted on Composite Exhibit "A" which matters or
applications include but are nvt limited to:
(1) Comprehensive Plan Amendments;
(2) Rezonings; ~ .
(3) Conditional Uses/Special Exceptions;
(4) Planned Unit Developments; or
(5) Site Plans
E. Process for Coordination of Developments of Extra jurisdictional Impact.
The Parties will adhere to the following process in order to facilitate intergovernmental
coordination regarding Developments of Extrajurisdictional Impact:
(1) Not later than thirty (30) days after receiving an application, and in no
event less than thirty (30) days prior to any public hearing on a proposed Development of
Extrajurisdictional Impact, the Party with approval authority (the "Approving Party") will
transmit the application packet for the proposed development, including all back-up material,
to the other Party (the "Reviewing Party").
a. The Approving Party will transmit any substantive changes to the
application packet made during the review process to the Reviewing Party within five (5)
business days of its receipt by the Approving Party and in no event less than thirty (30) days
prior to any public hearing.
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b. The Reviewing Party will transmit comments within twen (20)
working days of receipt of the item(s) listed in subparagraphs C.l, 2, or 3 or D.1. 2, or 3,
above. If the Reviewing Party does not respond in writing within twenty (20) workin days,
then it is deemed to have no recommended conditions for inclusion in the comprehensi e plan
amendment, rezoning, special exception or development concept plan.
c. The parties agree to take reasonable steps to facility e the
review process set forth herein.
(2) Agreement to Incorporate Conditions.
a. The City's recommendation to the City Planning and oning
Advisory Board and City Commission to approve, approve with conditions, or deny a pr posed
Development of Extry jurisdictional Impact will set forth all County-proposed stipulatio s that
are based on adopted County standards, neighborhood and community plans, industry
standards, or common agreement between the City and County.
b, The County's recommendation to the County Planning & oning
Commission and County Commission to approve, approve with conditions, or deny a pr posed
Development of Extrajurisdictional Impact will set forth all City-proposed stipulatio that
are based on adopted City standards, neighborhood and community plans, industry scan ards,
or common agreement between the City and County. '
F. Approval of Reviewing Party Not Required. Notwithstanding the pro isions
set forth in Section b.E.(2) hereof, unless otherwise specif led herein in Paragraphs 5 nd 9,
the Parties will not construe any provision of this Agreement to require:
(1) City approval of the County's planning activities or of Developme is of
Extrajurisdictional Impact within the unincorporated area of the County; or
(Z) County approval of the City's planning activities or of Developme is of
Extrajurisdictional Impact within municipal boundaries of the City.
G. Coordination of Further Planning Efforts in the JPA. The City n d the
County agree to coordinate further long range planning efforts and studies within th JPA.
This coordination includes, but is not necessarily limited to (a) implementation of the P nnned
Nonresidential Development overlay district within the Research Park; (b) implements ion of
a Transportation Concurrency Management Area for Kings Highway; (c) a design charet e for
the parcels in Potential Annexation Area "A" and Area "B:'.
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7. Incorporation into Comprehensive Plans. No later than the next City EAR plan
amendments, the Parties will incorporate into the Future Land Use, Transportation,
Intergovernmental Coordination, Capital Improvements, and as necessary other Elements of
their respective Comprehensive Plans the provisions of this Agreement as is necessary to
effectuate the intent of the Agreement and the obligations assumed by each of the Parties.
As necessary, within one year of adoption of the comprehensive plan amendments, the Parties
will amend their Land Development Codes.
8. Alternative Dispute Resolution.
The parties agree to resolve any dispute related to the interpretation or
performance of this Agreement in the manner described in Chapter 164, Florida Statutes #~ri-g
Win.
E
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9. Agreement on Additional Substantive Standards and Issues In addition to the
matters set forth above, the Parties agree to the following additional substantive sta Bards
and issues:
A. Each party agrees that as a part of its review of development appli atibns
within the JPA set forth in Composite Exhibit "A" that it will apply its own cornprehensi a plan
policies, land development regulations and methodologies to assess the impacts on th public
facilities for which it is financially responsible. In addition, any application in which '
concurrency is determined will be provided to .the other party which will con uct a
concurrency review based on its comprehensive plan policies, land development regulnti ns and
methodologies to address impacts to public facilities which are its financial respon ibility.
Any concurrency approval will incorporate the results of reviews by both Parties.
B. The Parties agree to enter into negotiations within three (3) months f the
execution of this Agreement and to finalize an interlocal service boundary agreement within
twelve (12) months thereafter, and if necessary, a longer timeframe shall be agree to by
both Parties, which may create an agreement to address annexation and serviced livery
issues within the area identified in the County's initiating resolution (Resolution No. 0 -382).
If the agreement is not completed within twelve (12) months and the Parties cannot a ree on
a longer timeframe, failure to complete the agreement shall not constitute a material reach
of this Agreement.
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C. The Parties agree that within three (3) months of the execution of this
Agreement, they wi II negotiate a scope of services with the Treasure Coast Regional Planning
Council or other acceptable entity which shall create a special planning study for the JPA
depicted on Composite Exhibit "A" hereto. The study will be completed in twelve (12) months,
and if necessary, a longer timeframe shall be agreed to by both Parties. The study will
include, but not be limited to, infrastructure cost estimates, aesthetic improvements, and a
determination of which land uses will be compatible and consistent with adjacent
developments
. No consideration of land use changes by either party, unless mutually
agreed upon, shall occur anti! the planning study is completed and mutually agreed upon. If
the study is not completed within twelve (12) months and the Parties cannot agree on a longer
timeframe, failure to complete the study shall not constitute a material breach of this
Agreement. The Parties shall implement the site design and architectural standards
recommended by the study. The County and City shall pay their equal share for the cost of
the study.
D. Both the City and the County agree to respect each others land use
compatibility principles in zoning petitions for any parcels within Potential Annexation Aren
"A" and Area "B". The land use compatibility reviews referenced above
shall include an evaluation of land use density, intensity, character or type of use proposed,
and an evaluation of site and architectural mitigation design techniques.
E. The Parties agree to cooperate on the preparation and implementation of any
neighborhood or community plans within the areas subject to this Agreement.
F. The Parties agree that in order to protect the limited, valuable natural and .
financial resources that exist within the region, development must proceed in a sustainable
manner. Sustainability measures such as Green Building, Florida Green Building Standards and
LEED Certification will be encouraged by both Parties for all new development.
G. The City and the County agree to coordinate and encourage economic
development within the JPA and further agree, to the maximum extent possible, to offer
qualified applicants the same economic development incentives including but not limited toad
valorem tax incentives.
10. Other Rights and Agreements.
A. Other Rights. Nothing in this Agreement precludes either the City or the
County from exercising its rights pursuant to Chapter 380, Florida Statutes, to challenge any
regional impact development order.
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B. Other Contempornneous Agreements. The Parties do not intend f r this
Agreement to amend, modify, supersede, or terminate any other agreement between t e City
and County in effect as of , 2009. The parties specifically agree th t this
Agreement does not amend the utility service area boundaries set out in that ertain
Interlocal Agreement dated February 10, 2004.
11. Notice to Parties. All notices, consents, approvals, waivers, and elections t at any
Party requests or gives under this Agreement will be in writing and shall be given only b hand
delivery for which a receipt is obtained, or certified mail, prepaid with confirms ion of
delivery requested. Notices will be delivered or mailed to the addresses set forth b low or
as either Party may otherwise designate in writing.
If to the County: With a copy to:
St. Lucie County St. Lucie County Attorney
ATTN: County Administrator 2300 Virginia Avenue
2300 Virginia Avenue Fort Pierce, Florida 34982
Fort Pierce, Florida 34982
If to the City: ~ With a copy to:
City of Fort Pierce Fort Pierce~City Attorney
ATTN. City Manager Post Office Box 1480
Post Office Box 1480 ~ Fort Pierce, Florid 34954
Fort Pierce, Florida 34954
Notices, consents, approvals, waivers, and elections will be deemed given when re eived
by the Party for whom intended.
12. Discharge.
This Agreement is solely for the benefit of the City and the County, and no ri ht or
cause of action shall accrue upon or by reason hereof, to or for the benefit of an third
party. Nothing in this Agreement, either expressed or implied, is intended or s all be
construed to confer upon or give any person, corporation or governmental entity othe than
the parties any right, remedy or claim under or by reason of this Agreement or any pro isions
or conditions hereof, and all of the provisions, representations, covenants, and con itions
herein contained shall inure to the sole benefit of and shall be binding upon the Parti~s and
their respective representatives, successors and assigns. Nothing in this Agreement ay be
5:\ATTY\AGREEMNT\INTERLOC\FP-TCRd~D Park B-L.wpd Page 11 of 15
relied upon by any current or future parcel owner in the JPA as creating any investment
backed expectation of development rights for such parcels.
13. Validity of Agreement. The City and the County each represent and warrant to the
other its respective authority to enter into this Agreement, acknowledge the validity and
enforceability of the Agreement, and waive any future right or defense based on a claim of
illegality, invalidity, or unenforceability ofany nature. The City hereby represents, warrants
and covenants to and with the County that this Agreement has been validly approved by the
Fort Pierce City Commission at a public hearing of the Fort Pierce City Commission held
pursuant to the provisions of Section 163.317(3), Florida Statutes, and Chapter 171, Part II,
Florida Statutes, that it has been fully executed and delivered by the City, that it
constitutes a legal, valid and binding contract enforceable by the Parties in accordance with
its terms, and that the enforceability hereof is not subject to any impairment by the
applicability of any public policy or police powers. The County hereby represents, warrants
and covenants to and with the City that this Agreement has been validly approved by
ordinance of the St. Lucie County Board of County Commissioners at n public hearing of the
Board held pursuant to the provisions of Section 163.317(3), and Chapter 171, Part II, Florida
Statutes, that it has been duly executed and delivered by the County, that it constitutes a
legal, valid and binding contract enforceable by the Parties in accordance with its terms, and
. that the enforceability hereof is~not subject to any impairment by the applicability of any .
public policy or police powers.
14. Enforcement. Subject to Section 9 above, this Agreement shall be enforceable by
the Parties hereto by whatever remedies are available in law or equity, including but not
limited to injunctive relief and specific performance.
15. Covenant to Enforce. If this Agreement or any portion hereof is challenged by any
judicial, administrative, or appellate proceeding (each Party hereby covenanting with the
other Party not to initiate or acquiesce to such challenge or not to appeal any decision
invalidating any portion of this Agreement except as otherwise provided in this Agreement),
the Parties collectively an individually agree, at their individual sole cost and expense, to
defend in good faith its validity through to a final judicial determination; unless both Parties
mutually agree in writing not to defend such challenge or not to appeal any decision
invalidating any portion of this Agreement.
16. Term Review and Termination.
A. Original Term. This Agreement shall take effect upon its filing with the Clerk
of the Circuit Court of St. Lucie County and, unless amended or extended in accordance with
its terms, shall expire on , 2029.
5:\ATTY\AGREEMNT\INTERLOC\FP-TCR~D Park B-L.wpd Page 12 Of 15
B. Extension. This Agreement shalt be automatically extended past the o iginal
term for one additional ten (10) year term unless either the City or the County, as th case
may be, delivers a notice of non-renewal to the other Party at least one hundred eight (180)
days prior to the expiration of the original term of this Agreement. If it is extended for an
additional ten (10) year term, this Agreement shall be automatically extended f r one
additional five (5}year term unless either the City or the County, as the case may be, d livers
a notice of non-renewal to the other Party at least one hundred eighty (180) days prior to the
expiration of the ten (10) year extension. A Party delivering such a notice of non-ren wal as
aforesaid may, in such Party's sole discretion, revoke such notice of non-renewal at a time
prior to the expiration date of the original term or any extended term of this Agre ent.
C. Review. During the comprehensive plan Evaluation and Appraisal Report eview
process required by Chapter 163, Florida Sfiatutes, each Party will review the terms f this
Agreement and consider amendments, as necessary.
D.' Alternate Term. If the law does not allow this Agreement to have th term
set forth above, then the term shall be twenty (20) years or the maximum term of years
allowed by law, whichever is greater, and at least eighteen (18) months before the exp ration
of the twenty (20) year term the Parties agree to commence negotiations for a other
interlocal agreement to govern the matters addressed in this Agreement.
17. Amendment. Amendments may be proffered by either Party at any time. Pr posed
amendments sha11 be in writing and must be approved by a ma jority of the boards o both
Parties.
18. Subsequent Legislative Enactments. The Parties agree and covenant, having gi en and
received valuable consideration for the promises and commitments made herein, it i their
desire, intent and firm agreement to be bound by and observe he terms of this Agr ement
wherever such terms are more stringent than those subsequently enacted by the Legis ature.
I9. Miscellaneous.
A. Entire Agreement. Except as otherwise set forth herein, this Agr ement
embodies and constitutes the entire understanding of the Parties with respect to the s bject
matters addressed herein, and all prior agreements, understandings, representatio s and
statements, oral or written, are superseded by this Agreement.
B. Governing Lnw and Venue. The laws of the State of Florida shall gove n this
Agreement, and venue for any action to enforce the provisions of this Agreement sha I be in
5:\ATTY\AGREEMNT\INTERLOC\FP-TCR&D Pnrk B-L.wpd Page 13 of 15
the Circuit Court of the Nineteenth Judicial Circuit of Florida, in and for St. Lucie County,
Florida.
C. Compliance with Chaster 171 Pnrt II Florida Statutes. The Parties agree
that this Agreement also meets the requirements of Chapter 171, Pnrt II, Florida Statutes.
20. Severability. Any term or provision of this Agreement that is invalid or unenforceable
in ay situation in any jurisdiction shall not affect the validity or enforceability of the
remaining terms and provisions hereof or the validity or enforceability of the offending term
or provision in any other situation or in any other jurisdiction.
IN WITNESS WHEREOF, the City of Fort Pierce, Florida, has caused this
Agreement to be executed by its Chairman and affixed its official seal, attested by its Clerk
pursuant to the Authorization of the Fort Pierce City Commission and St. Lucie County,
Florida has caused this Agreement to be executed by its Chair and affixed its official seal,
attested by its Clerk, pursuant to the authorization of the Board of County Commissioners
on the day and year indicated below.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
BY:
Deputy Clerk Chair
Dated :
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
County Attorney
CITY OF FORT PIERCE, FLORIDA
ATTEST:
BY:
City Clerk Mayor
5:\ATTY\AGREEMNT\INTERLOC\FP-TCRdcD Pork B-L.wpd Page 14 of 15
Dated
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
City Attorney
s:\ATTY\AGREEMNT\INTERLOC\FP-TCR&D Pnrk B-L.wpd Page 15 of 15
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