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HomeMy WebLinkAboutR-2004-174 Tri-party Agreement Education Mitigation Fees RESOLUTION NO. 2004-174 A RESOLUTION OF THE CITY OF DANIA BEACH ADOPTING RECITALS; APPROVING THE TRIPARTY INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY, THE SCHOOL BOARD OF BROWARD COUNTY AND THE CITY TO ESTABLISH COUNTY, SCHOOL BOARD AND CITY RESPONSIBILITIES FOR THE IMPLEMENTATION OF EDUCATIONAL MITIGATION FEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, as part of Broward County Land Use Text Amendment PCT-03-3, establishing a"Local Activity Center" in the City of Dania Beach, the City agreed to mitigate the impact of students anticipated from the development of residential units proposed for the Local Activity Center; and WHEREAS, the School Board of Broward County staff has developed a schedule of costs per student station for residential units anticipated in the Local Activity Center, which cost • exceeds the amount currently assessed through school impact fees; and WHEREAS, all parties wish to enable effective enforcement and implementation of the education mitigation fees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Recitals. That the recitals contained in the preamble to this Resolution are incorporated by reference into it. Section 2. Approval. That the City Commission hereby approves the Education Mitigation Agreement attached to this Resolution as Exhibit A, and directs the City Manager to transmit the executed agreement to the School Board of Broward County and to Broward County for their execution. � 1 RESOLUTION # 2004-174 Section 3. Effective Date. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on October 12, 2004. 4&��s C.K. MCELYE MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON- YES COMMISSIONER CHUNN- YES L-OUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED ASJO%I�'ORM AND CORRECTNESS _/ THOMA J. A SBRO CITY ATTORNEY • 2 RESOLUTION# 2004-174 Document prepared by and INSTR# 104877776 Return recorded document to: OR BK 39373 Pages 1749-1764 RECORDED 04;05/05 15:19:05 BROWARD COUNTY COMMISSION Edward Marko, School Board Attorney DEPUTY CLERK 1032 The School Board of Broward County, Florida #1, 16 Pages Kathleen C. Wright Administrative Building 600 Southeast 3`d Avenue Fort Lauderdale, FL 33301 NOTICE: PURCHASERS GRANTEES HEI S SUCCESSORS AND ASSIGNS OF ANY INTEREST IN THE PROPERTY SET FORTH ON EXHIBIT"A" ARE HEREBY PUT ON NOTICE OF THE OBLIGATIONS SET FORTH WITHIN THIS AGREEMENT WHICH SHALL RUN WITH THE PROPERTY UNTIL FULLY PAID AND PERFORMED. EDUCATIONAL MITIGATION AGREEMENT This is an 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 municipal corporation, created and existing underthe laws of the State of Florida, its successors and assigns, hereinafter referred to as "CITY" AND The SCHOOL BOARD OF BROWARD COUNTY,a body corporate and political subdivision of the State of Florida, hereinafter referred to as "SCHOOL BOARD." RECITALS WHEREAS,the Broward County Board of County Commissioners approved Broward County Land Use Text Amendment PCT 03-3, establishing a "Local Activity Center" in the City of Dania Beach; and WHEREAS,the Broward County Board of County Commissioners approved Broward County Land Use Plan Amendment PC 03-6, designating a "Local Activity Center" in the City of Dania Beach a description of which is attached hereto as Exhibit "A;" and WHEREAS, the CITY agreed to mitigate the impact of students anticipated from the development of 2,465 residential units comprised of 100 townhouses, 200 garden apartments and 2,165 high rise units proposed for the Local Activity Center; and WHEREAS, SCHOOL BOARD staff, as evidenced by the Public School Facility Impact Statement Report which is attached hereto as Exhibit"B", anticipates that Land Use Amendment PC 03-6 will generate 277 additional students into SCHOOL BOARD District schools, including 161 elementary school students, 57 middle school students and 59 high school students; and Submitted By. % ETURIN TO DOCUMENT CC) TR012 s� I/ Resolution Exhibit A. WHEREAS, Chapter 5, Article IX, Broward County Code of Ordinances, requires that no application for a building permit shall be accepted by the COUNTY or by any municipality without documentation that a finding of adequacy of school sites and facilities has been made by the • COUNTY; and WHEREAS, the COUNTY, SCHOOL BOARD and CITY agree that the cost per student station is appropriate to the circumstances of the Local Activity Center and that the cost per student station would be paid in lieu of the traditional school impact fees and that the cost per student station would be as determined and published by the State of Florida; and WHEREAS, the schedule of the Student Station Cost Factor for elementary, middle and high school students associated with the Local Activity Center dwelling units have been established by the State of Florida pursuant to the published "Student Station Cost Factors Feb 2004" (as may be amended), attached hereto as Exhibit "C"; and WHEREAS, the cost per student station as of October, 2003, would be approximately $1,703.00 per residential dwelling unit; and WHEREAS, the CITY and the SCHOOL BOARD have mutually determined that the total cost per student station for the proposed 2,465 dwelling units within the Local Activity Center designated in Broward County Land Use Plan Amendment PC 03-6 on Exhibit "A" shall be approximately$4,199,099 instead of the lower amount which would be assessed through traditional impact fees; and WHEREAS, as a condition for approval of Land Use Plan Amendment PC 03.6, the CITY was required to enter into a triparty interlocal agreement with the SCHOOL BOARD and COUNTY prior to December 31, 2004,to enable legal enforcement of the commitment made, and before any • building permits can be issued for residential units in the Local Activity Center. NOW, THEREFORE, in consideration of the mutual terms,conditions, promises,covenants and payments hereinafter set forth, COUNTY, CITY and SCHOOL BOARD agree as follows: 1. AMENDMENT OF THE CITY'S LAND DEVELOPMENT CODE. 1.01 The CITY agrees that any application for a building permit for new residential development within the Local Activity Center shall be subject to the imposition of educational mitigation in the manner set forth in this Agreement. The CITY shall amend its land development code no later than December 31, 2004 to require the payment of the cost per student station in lieu of the traditional school impact fees due for the 2,465 units contained within the boundaries of the Local Activity Center. 1.02 The CITY will require evidence of payment of the cost per student station from individual applicants prior to the issuance of building permits, on a site specific per project basis. 1.03 The CITY shall notify the School Superintendent or his designee upon site plan or plat approval of any residential project authorized pursuant to Land Use Plan Amendment PC 03-6. Notification shall include project location and number and type of units at time of site plan or plat approval and shall be confirmed by the CITY at time of building permit. 1.04 Prior to the issuance of a building permit for the construction or erection of a residential building located within the Local Activity Center, the CITY shall verify that the owner, 2 Resolution Exhibit A. • applicant and/or developer has paid the applicable student station unit cost as set brth below. 1.05 The CITY, its successor and assigns, agrees that no building permits or certificates of occupancy shall be obtained from the CITY for residential development of land within the Local Activity Center until the Student Station Unit Cost is paid as required by this Agreement. Failure to collect the Student Station Unit Cost prior to obtaining a building permit shall constitute a default of this Agreement. Nothing herein shall waive or affect the right of the COUNTY and/or SCHOOL BOARD to otherwise require the CITY to comply with the conditions of Land Use Plan Amendment PC 03-6 or this Agreement by any remedy provided by law or equity. 2. STUDENT STATION UNIT COST. 2.01 The Student Station Unit Cost for each residential dwelling unit within the Local Activity Center (PC 03-6) shall be an amount derived from the cost .per student station as determined and published by the State of Florida for elementary, middle and high school students and the associated per dwelling unit cost as calculated by the SCHOOL BOARD. However, in no event shall that amount be less than $1,703.00 br each residential dwelling unit.. 2.02 Prior to the issuance of a finding of adequacy by the COUNTY,the SCHOOL BOARD shall provide the COUNTY with the current cost per student station schedule established by the State of Florida, and the associated per dwelling unit cost as calculated by the SCHOOL BOARD for the 2,465 residential units. No later than the end of each calendar month,the COUNTY agrees to provide written correspondence to the SCHOOL BOARD listing residential developments issued satisfactory findings of adequacy. At the minimum,the information provided shall include the name • of the development, the total number and type of proposed units and the total cost per student station amount paid. 2.03 The CITY agrees that it will not accept an application for a building permit for any residential unit, which is included within the Local Activity Center(PC 03-6) unless it has received documentation of a finding of adequacy by the COUNTY. 3. EDUCATIONAL FACILITIES. The money paid by the owner(s) and/or developer(s) pursuant to this Agreement shall, pursuant to School Board Growth Management Policy be used to provide educational facilities to serve students generated by the 2,465 new residential development units in the Local Activity Center. The CITY recognizes and agrees that, even if such money is not directly utilized to meet the educational needs of the future residents of the area within the Local Activity Center, the use of such money will indirectly benefit such development by making other funds available to directly meet those needs. The CITY requests the SCHOOL BOARD to consider allocating a portion of the collected cost per student station to schools located within the City of Dania Beach. 4. TRANSMITAL OF FUNDS TO THE SCHOOL BOARD. The COUNTY agrees to remit quarterly to the SCHOOL BOARD,the Student Station Unit Cost collected for the Local Activity Center dwelling units to be spent by the SCHOOL BOARD in accordance with School Board Growth Management Policy. 5. The COUNTY agrees that this Agreement satisfies the requirement in Chapter 5, Article IX, Broward County Land Development Code relating to Educational Impact Fees. • 3 Resolution Exhibit A. 6. The recitals and representations set forth within the Whereas clauses are true and correct and are incorporated herein. 7. NOTICES. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. Until otherwise designated by amendment to this Agreement,the parties designate the following as the respective places for giving notice: For the COUNTY: Director, Development Management Division of Broward County 115 South Andrews Avenue, Room A240 Fort Lauderdale, FL 33301 For the CITY: City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 • For the SCHOOL BOARD Superintendent of Schools The School Board of Broward County, Florida Kathleen C. Wright Administrative Building 600 Southeast 3`d Avenue Fort Lauderdale, FL 33301 With a copy to: The Executive Director The School Board of Broward County, Florida Facility Management, Planning and Site Acquisition Department Kathleen C. Wright Administrative Building 600 Southeast 3`d Avenue, 141h Floor Fort Lauderdale, FL 33301 8. RELEASE. When all of the obligations set forth herein are fully paid and performed, COUNTY, at the request of CITY or its successor and upon payment of any applicable fees, shall cause a release to be recorded in the Official Records of Broward County, Florida, evidencing such performance. To the extent that the obligations set forth herein are divisible and attributable to a specific parcel the payment of the Student Station Unit Cost and the issuance of a building permit shall constitute evidence that the divisible portion of the obligation has been satisfied. 4 Resolution Exhibit A. g. VENUE' CHOICE OF LAW. Any controversies or legal issues arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State Court of the Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall be governed by the laws of the State of Florida. 10. CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define,describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. 11. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a ,continuing or future waiver. 12. _EXHIBITS. All Exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. 13. FURTHER ASSURANCES. The parties hereby agree to execute,acknowledge and deliver and cause to be done, executed, acknowledged and delivered all further assurances and to perform such acts as shall reasonably be requested of them in order to carry out this Agreement. 14. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the COUNTY, CITY and SCHOOL • BOARD. 15. COUNTERPARTS. This Agreement may be executed in three (3) counterparts, each of which may be deemed to be an original. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 5 d Resolution Exhibit A. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice Mayor,authorized to execute same by Board action on the day of 20_, The BROWARD SCHOOL BOARD OF BROWARD COUNTY, signing by and through its Chair, authorized to execute same by Board action on the day of 2004, and CITY, signing by and through its , duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF UNTY C ,MMISSIONERS ou Administrator and By. Ex- fficio Clerk of the Mayor Board of County Commissioners of Broward County, Flafida �,% 3 l day of 20 09 j rZ Approved as to form by ffice of County Attorney r roward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 e' gy Assist -County Attorney day of A'C ,,en-,4 er2004 6 SCHOOL BOARD (Corporate Seal) THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA f r, r By ATTEST: S eph ie Arma Kraft, Esq.,Chair Approved a Form: Franklin L. , Jr., eri endent of Schoo Scho Attorney Resolution Exhibit A. CITY WITNESSES: CITY OF DANIA BEACH By C. . McElyea, MaZ mm' sinner 1( S z`� day of �=' 004 A7EST: jva ato, City Manager Louise Stilson, City Clerk day of 9_ T- 2L-1 , 2004 APPROVED AS TO FORM: By Thomas J. Ansbro, City Attorney EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF SECTIONS 34 and 35,TOWNSHIP 50 SOUTH, RANGE 42 EAST, BROWARD COUNT) ,FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34;THENCE SOUTHERLYALOW THE EAST LINE OF SAID SECTION TO THE CENTERLINE OF NE 2N11 STREET AS CONSTRUCTE[ AND MAINTAINED, SAME BEING THE POINT OF BEGINNING; THENCE CONTINUE SOUTHERL' ALONG THE EAST LINE OF SAID SECTION 34 TO THE CENTERLINE-OF DANIA BEACH BOULEVAR[ (STATE ROAD A-1-A) AS CONSTRUCTED AND MAINTAINED AND AS SHOWN ON THE FLORID/ DEPARTMENT OF TRANSPORTATION RIGHT OF WRY MAP FOR SAID STATE ROAD A-1-A;THENCE EASTERLY ALONG SAID CENTERLINE OF DANIA BEACH BOULEVARD. (STATE ROAD A-1-A) A; CONSTRUCTED AND MAINTAINED TO THE SOUTHERLY EXTENSION OF THE EAST LINE Of DANIAN'S SOUTH,A CONDOMINIUM,AS DESCRIBED IN OFFICIAL RECORDS BOOK5959, PAGE 40, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;.THENCE NORTHERLYALONG SAIE SOUTHERLY EXTENSION AND ALONG THE EAST LINE OF SAID DANIAN'S SOUTH, f CONDOMINIUM, TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF SEA OAKS, / CONDOMINIUM, AS DESCRIBED IN OFFICIAL RECORDS BOOK 24180, PAGE 4690F THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAME BEING THE SOUTH LINE OF SEA OAKS ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 127, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA: THENCE EASTERLY ALONG SAID WESTERLYv EXTENSION AND ALONG THE SOUTH LINE OF SAID SEA OAKS, A CONDOMINIUM AND THE EASTERLY EXTENSION THEREOF TO THE CENTERLINE OF NE 70AVENUE (GULFSTREAM ROAD). THENCE NORTHERLYALONG SAID CENTERLINE OF NE 70AVENUE(GULFSTREAM ROAD)TOTHE WESTERLY EXTENSION OF THE NORTH LINE OF RODDY DANIA PLAT No. 1,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 102, PAGE 26 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;THENCE EASTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID RODDY DANIA PLAT No. 1, TO THE NORTHWEST CORNER OF SAID RODDY DANIA PLAT No. 1; THENCE SOUTHERLY ALONG THE WEST LINE AND THE SOUTHERLY EXTENSION THEREOF OF SAID RODDY DANIA PLAT No. 1 TO THE CENTERLINE OF AFORESAID DANIA BEACH BOULEVARD(STATE ROAD A-1-A); THENCE WESTERLYALONG SAID CENTERLINE TO THE NORTHERLY EXTENSION OF THE WEST LINE OF HOLLYWOOD CENTRAL BEACH No. 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 6 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND THE WEST LINE OF SAID PLAT TO THE SOUTHWEST CORNER OF LOT 1, BLOCK 13 OF SAID HOLLYWOOD CENTRAL BEACH No. 3, SAME BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF BALBOA STREET (SE 151 STREET)AS SHOWN ON SAID PLAT; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF SAID NORTH RIGHT OF WAY LINE OF SAID BALBOA STREET (SE 1ST STREET) TO THE SOUTHEAST CORNER OF LOT 12, BLOCK 2 OF DANIA BEACHWAY PARK RESUBDIVISION,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 26, PAGE 22 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAME BEING A POINT ON THE NORTH RIGHT OF WAY LINE OF BALBOA STREET (SE 15t STREET); THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 12 THROUGH 7, BLOCK 2 OF SAID DANIA BEACHWAY PARK RESUBDIVISION, SAME BEING THE NORTH RIGHT OF WAY LINE OF BALBOA STREET (SE is' STREET) AND THE WESTERLY EXTENSION THEREOF TO THE EAST RIGHT OF 9 Resolution Exhibit A. WAY LINE OF SOUTHEAST 51h COURT; THENCE NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE OF SOUTHEAST 51h COURT TO THE EASTERLY EXTENSION OF THE NORTH RIGHT OF WAY LINE OF LASALLE STREET;THENCE WESTERLYALONG SAID EASTERLY EXTENSION AND ALONG THE NORTH RIGHT OF WAY LINE OF SAID LASALLE STREET, SAME BEING THE SOUTH LINE OF HOLLYWOOD MANORS AMENDED, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29, PAGE 42 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA TO THE SOUTHWEST CORNER OF SAID HOLLYWOOD MANORS AMENDED, SAME BEINGA POINT ON THE EAST RIGHT OF WAY LINE OF SOUTHEAST 51h AVENUE; THENCE CONTINUE WESTERLY ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID HOLLYWOOD MANORSAMENDED TO THE EAST LINE OF PARCEL "A", DANIA BEACH PLAZA;ACCORDING TO THE PLAT THEREROF AS RECORDED IN PLAT BOOK 169, PAGE 32 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTHERLY, WESTERLY AND NORTHERLY ALONG SAID EAST LINE OF PARCEL "A", DANIA BEACH PLAZA AND THE NORTHERLY EXTENSION THEREOF TO THE CENTERLINE OF AFORESAID DANIA BEACH BOULEVARD (STATE ROAD A-1-A); THENCE WESTERLY ALONG SAID CENTERLINE TO THE NORTHERLY EXTENSION OF THE WEST LINE OF SAID PARCEL "A", DANIA BEACH PLAZA; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND ALONG THE WEST LINE OF SAID PARCEL "A", DANIA BEACH PLAZA TO THE SOUTHWEST CORNER OF SAID PARCEL "A", DANIA BEACH PLAZA; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID PARCEL "A", DANIA BEACH PLAZA TO THE CENTERLINE OF SOUTHEAST 3`dAVENUE; THENCE NORTHERLYALONG SAID CENTERLINE TO THE CENTERLINE OF SOUTHEAST PARK STREET; THENCE WESTERLY ALONG SAID CENTERLINE OF SOUTHEAST PARK STREET TO THE EAST LINE OF ESKILSON ADDITION TO DANIA AMENDED,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 10 OFTHE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;THENCE SOUTHERLYALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF TRACT "A", DANIA DELMAR, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 73 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;THENCE SOUTHEASTERLY TO THE NORTHEAST CORNER OF LOT 1, BLOCK 1, MASON SUBDIVISION AMENDED PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 14, PAGE 19 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTHERLY ALONG THE EAST LINE OF LOTS 1 THROUGH 11 OF SAID BLOCK 1 AND THE SOUTHERLY EXTENSION THEREOF TO THE NORTHEAST CORNER OF LOT 1, BLOCK 3 OF SAID MASON SUBDIVISION AMENDED PLAT; THENCE SOUTHERLY ALONG THE EAST LINE OF LOTS 1 THROUGH 11 OF SAID BLOCK 3 AND THE SOUTHERLY EXTENSION THEREOF TO THE CENTERLINE OF SOUTHEAST 2nd STREET;THENCE WESTERLY ALONG THE CENTERLINE OF SAID SOUTHEAST 2nd STREET(STIRLING ROAD)AS CONSTRUCTED AND MAINTAINED ANDALONG THE CENTERLINE OF SOUTHWEST 2nd STREET AS CONSTRUCTED AND MAINTAINED, SAME BEING THE CENTERLINE OF SAID STIRLING ROAD (STATE ROAD 848) AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR SAID STATE ROAD 848 TO THE EAST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD;THENCE NORTHEASTERLY ALONG SAID EAST RIGHT OF WAY LINE TO THE CENTERLINE OF NW 2nd STREET AS CONSTRUCTED AND MAINTAINED; THENCE EASTERLY ALONG SAID CENTERLINE OF NW 2nd STREET AS CONSTRUCTED AND MAINTAINED TO THE WEST RIGHT OF WAY LINE OF U.S. 1 (FEDERAL HIGHWAY) AS CONSTRUCTED AND MAINTAINED; THENCE EASTERLY TO THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF SAID U.S. 1 (FEDERAL HIGHWAY) AS CONSTRUCTED AND MAINTAINED WITH THE CENTERLINE OF NE 2ND STREET AS CONSTRUCTED AND MAINTAINED; THENCE EASTERLY ALONG SAID CENTERLINE OF SAID NE 2ND STREET AS CONSTRUCTED AND MAINTAINED TO THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 1, 1ST RESUBDIVISION OF BLOCKS 2 AND 3, SPAR-RICH, ACCORDING TO THE PLAT—THEREOF AS 10 Resolution Exhibit A. RECORDED IN PLAT BOOK 36, PAGE 35 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTHERLY ALONG SAID NORTHERLY EXTENSION AND ALONG THE WEST. LINES OF LOTS 1 THROUGH 10 OF SAID 1ST RESUBDIVISION OF BLOCKS 2 AND 3, SPAR-RICH TO THE CENTERLINE OF NE 1ST STREET AS CONSTRUCTED AND MAINTAINED; THENCE EASTERLY ALONG SAID CENTERLINE OF NE 1ST STREET AS CONSTRUCTED AND MAINTAINED TO THE NORTHERLY EXTENSION OF THE WEST LINE OF LOT 8, BLOCK 5, BEACHWAY,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA;THENCE SOUTHERLYALONG SAID NORTHERLY EXTENSION AND ALONG THE WEST LINE OF SAID LOT 8 AND ALONG THE WEST LINES OF LOTS 7, 6, 5, AND 4 OF SAID BLOCK 5, SAME BEING THE EAST RIGHT OF WAY LINE OF NE 1 ST COURT TO THE SOUTHWEST CORNER OF SAID LOT 4, BLOCK 5, BEACHWAY; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 4, BLOCK 5 TO THE SOUTHEAST CORNER OF SAID LOT 4, BLOCK 5, SAME BEING THE SOUTHWEST CORNER OF LOT 13, BLOCK 5 OF SAID PLAT OF BEACHWAY; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 13, BLOCK 5 TO THE SOUTHEAST CORNER THEREOF; THENCE EASTERLY TO THE SOUTHWEST CORNER OF LOT 4, BLOCK 4 OF SAID PLAT OF BEACHWAY;THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 4, BLOCK 4 TO THE SOUTHEAST CORNER THEREOF; THENCE EASTERLY TO THE CENTERLINE OF NE 1ST TERRACE AS CONSTRUCTED AND MAINTAINED; THENCE EASTERLY ALONG SAIDCENTERLINE OF NE 1ST TERRACE AS CONSTRUCTED AND MAINTAINED TO THE CENTERLINE OF FRONTON BOULEVARD AS CONSTRUCTED AND MAINTAINED; THENCE NORTHERLY ALONG SAID CENTERLINE OF FRONTON BOULEVARD AS CONSTRUCTED AND MAINTAINED TO THE CENTERLINE OF AFORESAID NE 2"1 STREET AS CONSTRUCTED AND MAINTAINED; THENCE EASTERLY ALONG SAID CENTERLINE OF NE 2"d STREETAS CONSTRUCTED AND MAINTAINED TO THE POINT OF BEGINNING. • 11 OF BR EXH IE31T 1113m The Nation's Largest Fully �° m c Accredited School System fZOR1Dl` Student Choice/School Boundaries Department 600 S.E. 3rd 'Avenue, 4th Floor Fort Lauderdale, Florida 33301 Land Use Plan Amendment Public School Facility Impact Statement " Property Description SEC 34 & 35 T'Wp 50 RNG 42 Type: County Amendment #: PC 03-6 Owner / Developer: City of Dania Beach (Initial Applicant) Jurisdiction : City of Dania Beach Current Land Use: Commercial,Commercial Recreation,Industrial and Community Fac. (Approx. 157.3 acres) Proposed Land Use: Local Activity Center (Approx. 157.3 acres) Potential Student LM act* Additional Impact: Cummulative Students From Existing Permitted Units: 0 Elementary Students: 161 LUPA Approved .Since: Proposed Units: 2,465 Middle Students. 57 2465 High Students: 59 Elem Midd High Total Met Change : + Total: 277 0 *Note:Calculations are based upon the maximum student generation rates in the Land Development Code. Over/ Currently Assigned Schools* School 20th Day* (Under) Projected Enrollment"' Capacity Enrollment Enrolled 03/04 04/05 05/06 06/07 07/4 Dania Elementary 778 698 -78 807 816 825 830 818 Olsen Middle 2,006 1.958 -48 1,710 1,611 1,579 1,562 1,56: South Broward High 2,782 2,384 -398 2,358 2,477 2.558 2,597 2.56! COMMENTS: Broward County Public Schools staff is advising the Broward County Planning Council, Broward County Commiss the applicant(s)/owner(s) and/or future developer(s) of this site that based on the School District's 2002103 Twentieth Day Enrolln Report, Dania Elementary, Olsen Middle and South Broward High Schools are under enrolled in the 2002/03 school year. 1 application was reviewed as a potential 100 townhouse, 200 garden apartment and 2,165 high rise units development, ant currently proposed, is anticipated to generate a total of 277 additional students for Broward County Public Schools. applicant/owner is advised that temporarily, the School Board utilizes other options such as portable classrooms, multi-track year rc education, double sessions or boundary changes to accommodate students generated from developments in the County. In the ctu school year, no charter school is located within a two mile radius of the amendment site. "Note:2002/03 School Year Data-School attendance areas are subject to change each year. **Adjusted Cohort projections -Cohort Survival Model, Student Choice/School Boundaries Department. rLanne an n e m rovemen in a urren o e c o0 oar strict Faculties or ro ram Elementary Schools: None Middle Schools: None High Schools: Phased replacement of South Broward High School is forecasted for completion in the fall of 2003. Comments: no+o. June 13, 2003 „ _ ,, .,�,�o� rip"nrtment Student Station Cost Factors Feb 2004 Page 1 of 4 EXHI i ! licit Student Station Cost Factors Feb 2004 STUDENT STATION COST FACTORS 17-Feb-04 Consumer Price Index REC National Cost of Elementary Cost of Middle Forecast of February Student Station Cost School Student School Student Cost of High School 2004 Factors Station($) Station($) Student Station($) Jul-1997 160.4 0.9032 11,520 13,208 17,478 Aug-1997 160.8 0.9054 11,548 13,241 17,521 Sep-1997 . 161.2 0.9077 11,577 13,274 17,565 Oct-1997 161.5 0.9093 11,599 13,298 17,598 Nov-1997 161.7 0.9105 .11,613 13;315 17,619, Dec-1997 161.8 0.9110 11,620 13,323 17,630 Jan-1998 162.0 0.9122 11,635 13,339 17,652 Feb-1998 162.0 0.9122 11,635 13,339 17,652 Mar-1998 162.0 0.9122 11,635 13,339 17,652 Apr-1998 162.2 0.9133 11,649 13,356 17,674 May-1998 162.6 0.9155 11,678 13,389 17,718 Jun-1998 162.8 0.9167 11,692 13,405 17,739 Jul-1998 163.1 0.9184. 11,714 13,430 17,772 Aug-1998 163.4 0.9200 11,735 13,455 17,805 Sep-1998 163.5 0.9206 11,742 13,463 17,816 Oct-1998 163.9 0.9229 11,771 13,496 17,859 Nov-1998 164.1 0.9240 11,785 13,512 17,881 Dec-1998 164.5 0.9262 11,814 13,545 17,925 Jan-1999 164.8 0.9279 11,836 13,570 17,957 Feb-1999 164.7 0.9274 11,829 13,562 17,946 Mar-1999 164.9 0.9285 11,843 13,578 17,968 Apr-1999 165.9 0.9341 11,915 13,661 18,077 May-1999 166.0 0.9347 11,922 13,669 18,088 Jun-1999 166.0 0,9347 11,922 13,669 18,088 Jul-1999 166.6 0.9381 11,965 13,718 18,153 Aug-1999 167.1 0.9409 12,001 13,759 18,208 Sep-1999 167.7 0.9443 12,044 13,809 18,273 Oct-1999 168.1 0.9465 12,073 13,842 18,317 Nov-1999 168.4 0.9482 12,094 13,866 18,350 Dec-1999 168.9 0.9510 12,130 13,908 18,404 Jan-2000 169.3 0.9533 12,159 13,941 18,448 Feb-2000 170.0 0.9572 12,209 13,998 18,524 Mar-2000 171.0 0.9628 12,281 14,081 18,633 Apr-2000 171.0 0.9628 12,281 14,081 18,633 May-2000 171.2 0.9640 12,295 14,097 18,655 Jun-2000 172.2 0.9696 12,367 14,179 18,764 Jul-2000 172.6 0.9718 12,396 14,212 18,807 Aug-2000 172.7 0.9724 12,403 14,221 18,818 Sep-2000 173.6 0.9775 12,468 14,295 18,916 Student Station Cost Factors Feb 2004 Page 2 of 4 Oct-2000 173.9 0.9792 12,489 14,319 18,949 Nov-2000 174.2 0.9809 12,511 14,344 18,982 Dec-2000 174.6 0.9831 12,540 14,377 19,025 Jan-2001 175.6 0.9887 12,611 14,459 19,134 Feb-2001 176.0 0,9910 12,640 14,492 19,178 Mar-2001 176.1 0.9916 12,647 14,500 19,189 Apr-2001 176.6 0.9944 12,683 14,542 19,243 May-2001 177.4 0.9989 12,741 14,608 19,330 Jun-2001 177.8 1.0011 12,769 14,640 19,374 Jul-2001 177.3 0.9983 12,733 14,599 19,319 Aug-2001 177.4 0.9989 12,741 .14,608 19,330 Sep-2001 178.1 1.0028 12,791 14,665 19,406 Oct-2001 177.6 1.0000 12,755 14,624 19,352 Nov-2001 177.5 0.9994 12,748 .14,616 19,341 Dec-2001 177.3 0.9983 12,733 14,599 19,319 Jan-2002 177.6 1.0000 12,755 14,624 19,352 Feb-2002 178.0 1.0023 12,784 14,657 19,396 Mar-2002 178.6 1.0056 12,827 14,706 19,461 Apr-2002 179.5 1.0107 12,891 14,780 19,559 May-2002 179.5 1.0107 12,891 14,780 19,559 Jun-2002 179.7 1.0118 12,906 14,797 19,581 Jul-2002 179.9 1.0130 12,920 14,813 19,603 Aug-2002 180.5 1.0163 12,963 14,863 19,668 Sep-2002 180.8 1.0180 12,985 14,887 19,701 Oct-2002 181.3 1.0208 13,021 14,929 19,755 Nov-2002 181.5 1.0220 13,035 14,945 19,777 Dec-2002 181.6 1.0225 13,042 14,953 19,788 Jan-2003 181.7 1.0231 13,049 t4,962 19,799 Feb-2003 183.1 1.0310 13,150 15,077 19,951 Mar-2003 184.2 1.0372 13,229 15,167 20,071 Apr-2003 183.8 1.0349 13,200 15,135 20,028 May-2003 183.5 1.0332 13,179 .15,110 19,995 Jun-2003 183.7 1.0343 13,193 15,126 20,017 Jul-2003 183.9 1.0355 13,207 15,143 20,038 Aug-2003 184.6 1.0394 13,258 15,200 20,115 Sep-2003 185.2 1.0428 13,301 15,250 20,180 Oct-2003 185.0 1.0417 13,286 15,233 20,158 Nov-2003 184.5 1.0389 13,251 15,192 20,164 Dec-2003 184.3 1.0377 13,236 15,176 20,082 Jan-2004 185.9 1.0467 13,351 15,307 20256 . Feb-2004 186.2 1.0484 13,373 15,332 20,289 Mar-2004 186.4 1.0495 13,387 15,349 20,311 Apr-2004 186.1 1.0479 13,365 15,324 20,278 May-2004 186.2 1.0484 13,373 15,332 20,289 Jun-2004 166.3 1.0490 13,380 15,340 20,300 Jul-2004 186.5 1.0501 13,394 15,357 20,322 Aug-2004 186.7 1.0512 13,409 15,373 20,344 Sep-2004 186.9 1.0524 13,423 15,390 20,365 • Oct-2004 187.1 1.0535 13,437 15,406 20,387 Nov-2004 187.3 1.0546 13,452 15,423 20,409 Dec-2004 187.5 1.0557 13,466 15,439 20,431 Jan-2005 187.7 1.0569 13,480 15,456 20,453 Feb-2005 188.0 1.0586 13,502 15,480 20,485 Student Station Cost Factors Feb 2004 Page 3 of 4 Mar-2005 188.2 1.0597 13,516 15,497 20,507 • Apr-2005 188.4 1.0608 13,531 15,513 20,529 May-2005 188.6 1.0619 13,545 15,530 20,551 Jun-2005 188.8 1.0631 13,559 15,546 20,572 Jul-2005 189.0 1.0642 13,574 15,563 20,594 Aug-2005 189.2 1.0653 13,588 15,579 20,616 Sep-2005 189.5 1.0670 13,610 15,604 20,649 Oct-2005 189.7 1.0681 13,624 15,620 20,670 Nov-2005 189.9 1.0693 13,638 15,637 20,692 Dec-2005 190.2 1.0709 13,660 15,662 20,725 Jan-2006 190.3 1.0715 13,667 15,670 20,736 Feb 2006 190.6 1.0732 13,689 15,694 20,769 Mar-2006 190.8 1.0743 13,703 15,711 20,790 Apr-2006 191.0 1.0755 13,717 15,727 20,812 May-2006 191.3 1.0771 13,739 15,752 20,845 . Jun-2006 191.5 1.0783 13,753 15,769 20,867 Jul-2006 191.8 1.0800 13,775 15,793 20,899 Aug-2006 192.1 1.0816 13,796 15,818 20,932 Sep-2006 192.3 1.0828 13,811 15,834 20,954 Oct-2006 192.6 1.0845 13,832 15,859 20,986 Nov-2006 192.9 1.0861 13,854 15,884 21,019 Dec-2006 193.2 1.0878 13,875 15,909 21,052 Jan-2007 193.6 1.0901 13,904 15,941 21,095 Feb-2007 193.9 1.0918 13,926 15,966 21,128 Mar-2007 194.2 1.0935 13,947 15,991 21,161 Apr-2007 194.5 1.0952 13,969 16,016 21,193 May-2007 194.9 1.0974 13,997 16,049 21,237 Jun-2007 195.2 1.0991 14,019 16,073 21,270 Jul-2007 195.6 1.1014 14,048 16,106 21,313 Aug-2007 195.9 1.1030 14,069 16,131 21,346. Sep-2007 196.2 1.1047 14,091 16,156 21,379 Oct-2007 196.6 1.1070 14,120 16,189 21,422 Nov-2007 196.9 1.1087 14,141 16,213 21,455 Dec-2007 . 197.3 1.1109 14,170 16,246 21,499 Jan-2008 197.6 1.1126 14,191 16,271 21,531 Feb-2008 198.0 1.1149 14,220 16,304 21,575 . Mar-2008 198.3 1.1166 14,242 16,328 21,608 Apr-2008 198.7 1.1188 14,270 16,361 21,651 May-2008 199.0 1.1205 14,292 16,386 21,684 Jun-2008 199.4 1.1227 14,321 16,419 21,727 . Jul-2008 199.7 1.1244 14,342 16,444 21,760 Aug-2008 200.1 1.1267 14,371 16,477 21,804 Sep-2008 200.4 1.1284 14,392 16,501 21,836 Oct-2008 200.8 1.1306 14,421 16,534 21,880 Nov-2008 201.2 1.1329 14,450 16,567 21,924 Dec-2008 201.5 1.1346 14,471 16,592 21,956 Jan-2009 201.9 1.1368 14,500 16,625 22,000 Feb-2009 202.3 1.1391 14,529 16,658 22,043 • Mar-2009 202.7 1.1413 14,558 16,691 22,087 Apr-2009 203.0 1.1430 14,579 16,715 22,120 May-2009 203.4 1.1453 14,608 16,748 22,163 Jun-2009 203.8 1.1475 14,637 16,781 22,207 Jul-2009 204.2 1.1498 14,665 16,814 22,250 Student Station Cost Factors Feb 2004 Page 4 of 4 Aug-2009 204.6 1.1520 14,694 16,847 22,294 • Sep-2009 205.0 1.1543 14,723 16,880 22,338 Oct-2009 205.5 1.1571 14,759 16,921 22,392 Nov-2009 205.9 1.1593 14,787 16,954 22,436 Dec-2009 206.3 1.1616 14,816 16,987 22,479 Jan-2010 206.7 1.1639 14,845 17,020 22,523 Feb 2010 207.2 1.1667 14,881 17,061 22,577 Mar-2010 207.6 1.1689 14,910 17,094 22,621 Apr-2010 208.0 1.1712 14,938 17,127 22,665 May-2010 208.5 1.1740 14,974 17,168 22,719 Jun-2010 208.9 1.1762 15,003 17,201 22,763 Jul-2010 209.4 1.1791 15,039 17,242 22,817 Aug-2010 209.8 1.1813 15,068 17,275 22,861 Sep-2010 210.3 1.1841 15,103 17,317 22,915 Oct-2010 210.8 1.1869 15,139 17,358 22,970 Nov-2010 211.2 1.1892 15,168 17,391 23,013 Dec-2010 211.7 1.1920 15,204 17,432 23,068 Jan-2011 212.2 1.1948 15,240 17,473 23,122 Feb-2011 212.7 1.1976 15,276 17,514 23,177 Mar-2011 213.2 1.2005 15,312 17,555 23,231 Apr-2011 213.6 1.2027 15,340 17,588 23,275 May-2011 214.1 1.2055 15,376 17,629 23,329 Jun-2011 214.6 1.2083 15,412 17,671 23,384 Jul-2011 215.1 1.2111 15,448 17,712 23,438 Aug•2011 215.6 1.2140 15,484 17,753 23,493 Sep-2011 216.1 1.2168 15,520 17,794 23,547 Oct-2011 216.6 1.2196 15,556 17,835 23,602 Nov-2011 217.0 1.2218 15,585 17,868 23,645 Dec-2011 217.5 1.2247 15,621 17,909 23,700 Jan-2012 218.0 1.2275 15,656 17,951 23,754 Feb-2012 218.5 1.2303 15,692 17,992 23,809 Mar-2012 219.0 1.2331 15,728 18,033 23,863 Apr-2012 219.5 1.2359 15,764 18,074 23,918 May-2012 220.0 1.2387 15,800 18,115 23,972 Jun-2012 220.4 1.2410 15,829 18,148 24,016 • R" ', B (6,:,WA K U UI- Department of Urban Planning and Redevelopment DEVELOPMENT MANAGEMENT DIVISION 115 S.Andrews Avenue,Room A-240• Fort Lauderdale, Florida 33301 •954-357-6666•FAX 954-357-6521 April 6, 2005 Ms. Louise Stilson City Clerk City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Dear Louise: Enclosed please a one fully executed original and one recorded copy of the tri-party educational mitigation agreement between the City of Dania Beach, the School Board of Broward County and the Board of County Commissioners concerning the Dania Local Activity Center. If you have any questions, please do not hesitate to contact me at (954) 357 -6640. Sincerely, Patricia Gull, AICP Planning Section Manager Broward County Board of County Commissioners Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D.Jacobs•Ilene Lieberman•John E.Rodstrom,Jr.•Jim Scott•Diana Wasserman-Rubin•Lois Wexler www.broward.org KATZ BARRON --- -_ - .__--------- ------------_. '- r _. T 1 ) FORT LAUDERDALE SCZU ITERO FAUST 100 N.E.THIRD AVENUE 1.41�.1 s _00 SUITE 280 FT.LAUDERDALE.FL 33301-1176 November 18, 2004 ----- -----------�__M_.._.__. 954-522-3636 Sharon L. Cruz, Deputy County Attorney 954-522-5119 FAX Broward Governmental Center www.katzbarron.com 115 South Andrews Avenue, Rm #423 Fort Lauderdale, FL 33301 and Mr. Chris Akagabosu, Coordinator The School Board of Broward County 600 SE Third Avenue Fort Lauderdale, Florida 33301 RE: City of Dania Beach Tri-Party Interlocal Agreement Our File No. 02181.002 Dear Sharon and Chris: Enclosed please find one copy of the above referenced Agreement with Exhibits A, B, and C attached, which has been signed by the City Officials on behalf of the City of Dania Beach. A copy of the City's Resolution No. 2004-174 authorizing the execution of the Agreement by the City is also enclosed. Also attached are three (3) signature pages for the School Board and the County. Please take the necessary steps to have this document executed in triplicate by the appropriate respective County and School Board Officials and then return all three (3) original signature pages to my office. .I will then attach the appropriate signature pages to each document and return one fully executed original Agreement to each entity. Should you have any questions, please feel free to contact me. Very truly yours, KATZ-BARRON SQUITERO FAUST ALAN L. GABRIEL ALG/kgc/02181002DaniaAgr.sig Enclosures cc: Edward J. Marko,General Counsel(w/out enclosures) Miriam Nasser,Dania Beach Deputy City Clerk (w/out enclosures) Susan Trevarthen, (w/out enclosures) Nancy E. Stroud (w/out enclosures) KATZ, BARKON, SQUITERO. FAUST, BRECKER, TERZO. FRIEDBERG & GRADY, P.A. MIAAAI • FT I At IIIFR IIAI F • o h FLORIDA November 16, 2004 Alan L. Gabriel Esq. Katz, Barron, Squitero, Faust, Brecker, Terzo, Friedberg & Grady, P.A. 100 N.E. Third Avenue Suite 280 Fort Lauderdale, FL 33301-1176 RE: City of Dania Beach Tri-Party Interlocal Agreement Your file No. 02181-002 Dear Mr. Gabriel: Please refer to your letter dated November 10, 2004 enclosing Exhibits "B" and "C" to be attached to the above-referenced Agreement. • Per your request, find enclosed three (3) originals of the Agreement (with Exhibits "A", "B" and "C") duly signed by our City Officials, as well as a copy of Resolution No. 2004-174 adopted by the Dania Beach City Commission at their meeting of October 12, 2004. Upon execution, please provide us with a fully executed original of the Agreement for our records. If you have any questions, please contact me at 954-924-3624. Sincerely, Miriam Nasser Deputy City Clerk Enclosures C.c. Susan L. Trevarthen (w/ Enclosures) Nancy E. Stroud (w/ Enclosures) • "Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.A.us KATZ BARRON SQUIT>=R0 FALIST FORT LAUDERDALE g� Fit T' �' 100 N.E.THIRD AVENUE SUITE 280 NOV 92 Z 004 FT.LAUDERDALE,FL 33301-1176 x, 954-522-3636 November 10, 2004 954 522 su9 FAx www.katzbarron.com Miriam Nasser, City Clerk City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, Florida 33004 RE: Dania Beach Tri-Party Interlocal Agreement Our File No. 02181-002 Dear Ms. Nasser: Enclosed please find the Exhibits "B" and "C", which are to be attached to the Dania Beach Tri- Party Interlocal Agreement. Please prepare three (3) originals of this Agreement, have executed on behalf of the City of Dania Beach, and then forward all three (3) originals to my office. I will then proceed to have the Agreement executed on behalf of The School Board and Broward County. Once the Agreement has been executed by all parties, one fully executed original will be provided to each party. Should you have any questions, please feel free to contact me. Very truly yours, ARRON SQUITER FAUST ALAN L. GABRIEL ALG/kgc/Dania B&C.CC Enclosures cc: Susan L. Trevarthen (w/Enclosures) Nancy E. Stroud (w/Enclosures) Chris Akagabosu (w/out Enclosures) • KATZ, BARRON, SQUITERO, FAUST, BRECKER, TERZO, FRIEDBERG & GRADY, P.A. MIAMI • FT. LAUDERDALE AGENDA REQUEST FORM CITY OF DANIA BEACH 77 AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: OCTOBER 12, 2004 2. DESCRIPTION OF AGENDA ITEM: CONSENT AGENDA 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: Tri-Party Agreement between Broward County, City of Dania Beach and the School Board of Broward County relating to the collection of school impact fees within the City of Dania Beach's Local Activity Center 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Resolution Agreement 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ • 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. Leeds,AICP, Director Date October 4, 2004 Community Development Department City Manager Date CITY OF DANIA BEACH . DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: October 12, 2004 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C C - Corinne Church, AICP, Principal Planner C4(2__, SUBJECT: Approval of a Tri-Party Interlocal Agreement between the Broward County Commission, the Broward County School Board and the City of Dania Beach regarding collection of school impact fees within the Local Activity Center As part of approving the Dania Beach Local Activity Center (LAC), Broward County required the City to enforce the collection of "student station impact fees" for residential development within LAC boundaries. The estimated current fee would be at least $1,703.00 per residential dwelling unit ® and is expected to increase over time. No application for a building permit can be accepted or approved by the City without documentation that said fees have been paid to Broward County. In other words, the city cannot issue building permits for new residential dwellings in the LAC until the required student station fees have been paid to the County. The School Board determined that the total cost for the proposed 2,465 dwelling units within the Local Activity Center shall be approximately $4,199,099.00. The City has requested the school board to direct at least 75% of this money to Dania Beach schools. Unfortunately, the school board refuses to make such a commitment. STAFF RECOMMENDATION Staff has been advised by school board staff that the attached agreement is non- negotiable. Because adoption of this agreement is the final condition of LAC implementation, the City has little choice but to approve the agreement. As such, staff recommends approval. •