Ord No 06-22-2427ORDINANCE NO. 06-22-2427
An Ordinance of the City of South Miami, Florida, approving an interlocal agreement
between the Village of Pinecrest and City of South Miami regarding the
administration of land use, zoning, and other regulations for real properties, each of
which fronts Kendall Drive to the south and is bound to the north by the Snapper
Creek Canal, and each of which is located within the municipal boundaries of both
the Village of Pinecrest and City of South Miami.
WHEREAS, it has come to the attention of the Village of Pinecrest ("Village") and City
of South Miami ("City") that certain properties along Kendall Drive are located, in part, within the
municipal boundaries of both the Village and the City (the "Properties"); and
WHEREAS, Florida Statutes Sections 163.01, Florida Statutes, the "Florida Interlocal
Cooperation Act of 1969," as amended, permits local governments to make the most efficient use
of their powers to enable them to cooperate with other local governments on the basis of mutual
advantage and thereby provide services and facilities in a manner and pursuant to forms of
government organization that will accord best with geographic, economic, population, and other
factors influencing the needs and development of local communities; and
WHEREAS, the Village and the City find that it is in the best interests of each to enter
into an Interlocal Agreement to outline the procedures and responsibilities, and setting forth the
terms and conditions, inclusive of development regulations, zoning, code compliance, review and
approval of permits, and other related matters (the "Agreement"); and
WHEREAS, pursuant to Section. 163.01 of the Florida Statutes (the "Florida Interlocal
Cooperation Act of 1969"), the Village and City have the authority to enter into this Agreement,
as set forth in Exhibit "A," attached hereto and incorporated for all purposes; and
WHEREAS, this Agreement, as set forth herein, meets the minimum requirements
outlined in Florida Statutes Section 163.01; and
WHEREAS, the City Commission finds that the adoption of this Ordinance is in the best
interests and welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if
fully set forth herein and as the legislative intent of this Ordinance.
Section 2. Approval. The City Commission hereby approves the Agreement in
substantially the same form as provided for in Exhibit "A" attached hereto, subject to the City
Attorney's approval as to form, content and legal sufficiency.
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Ord . No . 06 -2 2 -242 7
Ord . No. 06 -22-2427
S ection 3 . A utho rization. The C ity Comm iss ion hereby a u t horizes the C ity Manager to
execute th e Agreem e nt i n s ubs tantia ll y the same form as provided fo r in Exh ibit "A" attached
he re to , s u bj ect to th e City Attorney's approval as to form , content and legal s uffic ie ncy. The
Agreem e nt is not inte nded to a uthorize any changes to the City's Land D evelopment Code o r Code
of Ordinan ces fo r the p o rtions of th e Vil lage Prope rt ies t hat are located with in the muni c ipa l
boundaries of the City.
Section 4. Corrections. Conforming language or technica l scri vener-ty pe corrections may
be m ade by the C ity Attorney for any conformin g amendments to be incorporated into the fina l
ordinance fo r s ig nature .
Section 5. Ordinances in C onflict. A ll o rdinances or parts of ordinances a nd a ll secti ons
and parts of sect ions of o rd in a nces in direct co nfli ct he rewith are h e re by re p ealed.
Section 6. Codification. The pro v is io ns of this o rd in ance wil l become and b e made a part
of t he Code of Ordinances of the City of So uth M ia mi as a m e nded.
Section 7. Severability. I f a ny section, c lause, sente nce, o r phrase of t hi s o rdinance is fo r
any reason he ld in vali d o r un con stitutiona l by a c o urt of competent jurisd ictio n , th is h o ldin g wi ll
no t affect the va lidi ty of the rema ini ng portions of thi s ordinance.
Section 8. Effect ive Date. T hi s ordin ance is effective upon e na ctm e nt.
PASSED AND ENACT ED this 15 th day of Marc h , 2022.
ATTEST:
Mk~
1st Reading -3 /1/22
2 nd Reading -3/15/22
READ AND
L ANG
EXE
E D AS TO FORM ,
D
Page 2 of 2
COMM ISSION VOT E:
Mayor P hilips:
Commi s s ioner Ha rri s :
Commi ssione r Liebm an:
Commiss ioner G il:
Commi ss ione r Corey :
5 -0
Yea
Yea
Yea
Yea
Yea
INTERLOCALAGREEMENT
BETWEEN
THE VILLAGE OF PINECREST
AND
CITY OF SOUTH MIAMI
THIS INTERLOCAL AGREEMENT (the "Agreement) by and between the Village of
Pinecrest, a Florida municipal corporation organized under the laws of the State of Florida (the
"Village"), and the City of South Miami~ a municipal corporation organized under the laws of the
State of Florida (the "City"), is entered into this j5-day of Ap rI/ , 2022.
WITNESSETH
WHEREAS, Florida Statutes Sections 163.01, Florida Statutes, the ''Florida Interlocal
Cooperation Act of 1969," as amended, permits local governments to make the most efficient use
of their powers to enable them to cooperate with other local governments on the basis of mutual
advantage and thereby provide services and facilities in a manner and pursuant to forms of
government organization that will accord best with geographic, economic, population, and other
factors influencing the needs and development of local communities; and
WHEREAS, the Village and the City find that it is in the best interests of each to enter
into an lnterlocal Agreement with regard to certain real properties each of which encroach on the
municipal boundaries of both the Village and the City; and
WHEREAS, the real properties described in Exhibit ~'A," attached hereto and made a part
hereof for al) purposes, are located substantially within the municipal boundary of the Village (the
"Village Property" or "Village Properties"); and
WHEREAS, the real properties described in Exhibit "B, attached hereto and made a part
hereof for all purposes are located substantially within the municipal boundary of the City (the
"City Property" or "City Properties"); and
WHEREAS, the Village Properties and City Properties are further described within that
certain map attached hereto and made a part hereof for all purposes as-Exhibit "C"; and
WHEREAS, the real property described in Exhibit "A,"in Exhibit "B," and further
described in Exhibit "C" attached hereto and made a part hereof for all purposes, jointly makes up
the "Properties" or "Property"; and
WHEREAS, the Village and City mutually desire to enter into this Agreement in order to
set forth the covenants, tenns, and conditions for such items relating to the Properties, inclusive of
development regulations, zoning, code compliance, and other related matters; and
WHEREAS, pursuant to Section. 163 .0 I of the Florida Statutes (the "Florida Interlocal
Cooperation Act of 1969"), the Village and City have the authority to enter into this cooperative
Agreement; and
WHEREAS, this Agreement, as set forth herein, meets the minimum requirements
outlined in Florida Statutes Section 163.01; and
WHEREAS, this Agreement serves a public purpose, and is in the best interest of the
Village and the City.
NOW THEREFORE, in consideration of the mutual promises herein contained, the
Village and City enter into this Interlocal Agreement and agree as follows:
1. The above recitals are true and correct and incorporated herein.
2. The Village and the City through their applicable personnel involved in their respective
fields will consult with each other as to any building, planning, zoning, permitting,
regulatory, and other related issues of municipal concern regarding the Village Properties
and City Properties or any one of them as applicable.
3. The Village has the responsibility for the review, process, and approve all zoning, building
and code compliance matters for those properties shown as the Village Properties.
Accordingly, it may charge for and receive any and all process, pennit, impact fees or other
fees normally charged by the Village in the development and construction of any portion
of the Village Properties. The Village building official has the responsibility for the
issuance of all Certificates of Occupancy or Certificates of Completion for those properties
shown as the Village Properties.
4. The City has the responsibility for the review, process, and approve zoning, building and
code compliance matters for those properties shown as the City Properties. Accordingly,
it may charge for and receive any and all process, permit, impact fees or other fees normally
charged by the City in the development and construction of any portion of the City
Properties. The City building official has the responsibility for the issuance of all
Certificates of Occupancy or Certificates of Completion for those properties shown as the
City Properties.
5. In the instance in which the Village is issuing a pennit, the Village's Zoning Code and
other land development regulations shall be applied with respect to the review and approval
of development on the Properties. Likewise, in the instance in which the City is issuing a
permit, the City's Zoning Code and other land development regulations shall be applied
with respect to the review and approval of development on the Properties. The City agrees
that the Village may approve plat(s) for the Village Properties pursuant to Section 177 .071,
Florida Statutes. Likewise, the Village agrees that the City may approve plat(s) for the
City Properties pursuant to Section 177.071, Florida Statutes.
6. The Parties agree that pursuant to Section 468.617, Florida Statutes, the Village's building
code inspector may serve as the building inspector for the Village Properties and the City's
building code inspector may serve as the building inspector for the City Properties.
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7. The Village and the City acknowledge and agree that the Miami-Dade County Property
Appraiser and Tax Collector's offices will continue to appraise the Properties, certify the
annual tax roll, and collect real property ad valorem tax revenues for the Village Properties
and City Properties and allocate the tax revenues in the same manner in which it has done
so in the years prior to the execution of this Agreement.
8. The term of this Agreement is for an initial period of five (5) years from the Effective Date.
The Agreement will automatically renew for additional five-year terms unless terminated
as provided for in this Agreement.
9. Either party may terminate this Agreement for good cause, which is any cause found by a
majority vote of either the Village Council or the City Commission to be in the interests of
the public health, safety, and general welfare to require termination at any time by giving
the other party three hundred sixty-five (365) days advance written notice of such
tennination.
l 0. All notices required pursuant to this Agreement must be in writing and must be delivered
by hand or by United States Postal Services, certified mail service, postage prepaid, return
receipt requested, addressed to the following addresses of record:
Yocelyn Galiano, Village Manager, or the manager's successor in office
The Village of Pinecrest
12645 Pinecrest Parkway
Pinecrest, FL 33156
Shari Kamali, City Manager, or the manager's successor in office
City of South Miami City Hall
6130 Sunset Drive
South Miami, FL 33143
I 1 . The parties will attempt to resolve their disputes and controversies arising under this
Agreement by the Procedural Options Afforded by the Florida Governmental Conflict
Resolution Act, Chapter 164, Florida Statutes, as amended. This will be a condition
precedent to any civil action between the parties arising out of this Agreement.
12. Florida law applies to the interpretation of this Agreement. Venue is in Miami-Dade
County, Florida.
13. This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements and understandings concerning the subject matter of this
Agreement that are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof can be predicated upon any prior representations or
agreements whether oral or written. Any amendments to or waivers of the provisions
herein must be made by the parties in writing.
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14. This Agreement may be recorded in the Public Records of Miami-Dade County for the
purposes of p ublic notice and information.
15. Effective Date means the date that this Agreement is fully executed by both parties.
IN WITNESS WHEREOF, the parties have entered into this Agreement this 15 day
or A?n l __ 2022 ..
BF D -·--.-~-&-li1-~-V-i-lla-~ Ai
Cl
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY:
--By: _________ _
Weiss Serota Helfinan Cole+
Bierman, Ci ty Attorney
4
CITY OF SOUTH MIAMI
By~~•
Shari Kamali, City Manager
ATTEST:
APPROVED AS TO FORM, LANGUAGE
LEGAL SUFFICIENCY, AND
EXECUTION THEREOF:
Exhibit "A"
Village Properties
(Located in Miami-Dade County within the Village of Pinecrest)
1. Folio No. 09-4036-000-0920
Folio No. 20-5001-001-0080
(a/k/a: 5811 N. Kendall Drive)
2. Folio No. 09-4036-000-0910
Folio No. 20-S00l-001-0070
(a/k/a: 579S N. Kendall Drive)
3. Folio No. 09-4036-000-0930
Folio No. 20-5001-001-0100
(a/k/a: 5787 SW 88 Street)
5
Exhibit "B"
City Properties
(Located in Miami-Dade County within the City of South Miami)
1. Folio No. 09-4036-000-09S0
Folio No. 20-S001-001-0410
(a/k/a: 586S SW 88 Street)
2. Folio No. 09-4036-000-0960
Folio No. 20-5001-001-0400
(a/k/a: S855 SW 88 Street)
3. Folio No. 09-4036-000-0940
Folio No. 20-5001-001-0401
(a/k/a: 584S SW 88 Street)
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Exhibit "C"
Map of
Village Properties and City Properties
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□
C
Village Properties
City Properties
Exhibit C