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HomeMy WebLinkAboutR-2010-054 School Board Interlocal Agreement Regional Activity Center RESOLUTION NO. 2010-054 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TRI-PARTY INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND THE SCHOOL BOARD OF BROWARD COUNTY PERTAINING TO AN EDUCATIONAL MITIGATION AGREEMENT FOR THE CITY OF DANIA BEACH REGIONAL ACTIVITY CENTER (RAC); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a Tri-party Interlocal Agreement with Broward County and the School Board of Broward County pertaining to educational mitigation which addresses school concurrency associated with Land Use Plan Amendment PC 09-5, City of Dania Beach Regional Activity Center (RAC), a copy of which Agreement is attached as Exhibit"A". Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on April 27, 2010. aaFS FIRSr cir C. K. Mc LY POC asap _ YOR-COMMISSIONER PEST: _ m4 d \ ~ LOUISE STILSON, CMC CITY CLERK APPROVED AS RM AND CORRECTNESS: THOM S J. A SB CITY ATTORNEY Tri-Party Dania Beach Agreement Document prepared by and Return recorded document to: Edward Marko, School Board Attorney The School Board of Broward County, Florida Kathleen C. Wright Administrative Building 600 Southeast 3'd Avenue Fort Lauderdale, FL 33301 NOTICE: PURCHASERS, GRANTEES, HEIRS, 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 (Land Use Plan Amendment PC 09-5) 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 under the 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 09-5, establishing a "Regional Activity Center" category in the City of Dania Beach; and WHEREAS, the Broward County Board of County Commissioners approved Broward County Land Use Plan Amendment PC 09-5, designating a "Regional Activity Center" in the City of Dania Beach a description of which is attached hereto as Exhibit "A;" (hereinafter referred to as the "Regional Activity Center'); and 1 Tri-Party Dania Beach Agreement WHEREAS, the CITY previously submitted Land Use Plan Amendment Application PC 03-6 establishing a "Local Activity Center" in the City a description of which is attached hereto as Exhibit "B (hereinafter referred to as the Local Activity Center"); and WHEREAS, the CITY voluntarily agreed to mitigate the impacts of 2,465 residential units within the Local Activity Center which requires individual applicants to pay student station fees, in lieu of school impact fees, on a site specific project basis; and WHEREAS, the 2,465 residential units within the LAC are considered "previously approved units", which have not been built and are vested for public school concurrency consisting of the following: (i) 100 townhouse (3 or more bedrooms), (ii) 200 garden apartments (3 or more bedrooms), and (iii) 2,165 high rise (2 or more bedrooms); and WHEREAS, in connection with the Local Activity Center approval, the CITY entered into an Educational Mitigation Agreement with the COUNTY and SCHOOL BOARD, which was recorded in O. R. Book 39373, Page 1749 of the Public Records of Broward County, Florida (a copy of which is attached hereto as Exhibit "C" and hereinafter referred to as the "Recorded Educational Mitigation Agreement") and by approving this Agreement, the CITY reaffirms its commitment to mitigate these impacts; and WHEREAS, all residential units located within the Local Activity Center shall continue to be bound to the Recorded Educational Mitigation Agreement and the requirements contained therein including the payment of the student station costs during environmental review approval of construction plans by the Broward County Development and Environmental Regulation Division; and WHEREAS, during the School Board's staff review of the 2,165 high units contained in the Local Activity Center Application, high rise units were defined in the then Broward County Land Development Code as "four (4) or more attached dwelling units in a building with four (4) or more stories" which could be developed as two or more bedrooms; and WHEREAS, the Broward County Land Development Code currently defines mid-rise units as Three (3) or more attached dwelling units in a building with four (4) to eight (8) residential stories (exclusive of parking levels)"; and WHEREAS, during the School Board's staff review of the Regional Activity Center application, the City stated that some or all of the 2,165 residential units designated as high rise units in the Application may be developed as mid-rise units. Subsequently, School Board staff concurred with Broward County Planning Council staff that some or all of the designated 2,165 residential high rise units may be developed as mid-rise units; and WHEREAS, the CITY now proposes the Regional Activity Center which will encompass the geographic boundaries and the proposed development contained within the previously approved Local Activity Center as well as additional lands; and 2 Tri-Party Dania Beach Agreement WHEREAS, the total number of residential units in the Regional Activity Center is 7,818, (which includes the 2,465 Local Activity Center units) which shall be comprised as follows: (i) 2,348 single family (4 or more bedrooms) units, (ii) 2,333 townhouse (3 or more bedrooms) units, (iii) 972 garden apartment (3 or more bedrooms) units; (iv) 2,165 high rise or mid-rise (2 or more bedrooms) units; and WHEREAS, the CITY and BROWARD COUNTY in conjunction with the SCHOOL BOARD have adopted public school concurrency regulations since the approval of the Recorded Educational Mitigation Agreement which requires all new residential development to comply with development review criteria for public school concurrency which will necessitate public school concurrency review either at the plat or site plan (or functional equivalent) stage of review; and 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 additional 5,353 residential units proposed within the Regional Activity Center will be subject to a public school concurrency and, if no mitigation is required to satisfy public school concurrency, the units shall be assessed applicable school impact fees during the environmental review approval of construction plans by the Broward County Development and Environmental Regulation Division. Any currently existing built units, demolished within 18 months of environmental review approval, are eligible for credit based upon type of unit and number of bedrooms; and WHEREAS, as a condition for approval of Land Use Plan Amendment PC 09-5, the CITY was required to amend the Recorded Educational Mitigation Agreement prior to 20_, to enable continued legal enforcement of the commitment made regarding the 2,465 residential units contained within the Local Activity Center, and to address incorporation of the additional 5,353 residential units proposed in the Regional Activity Center, and before any building permits can be issued for residential units in the Regional 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. The above recitals are true and correct and are incorporated herein. 2. The CITY does hereby confirm, ratify and reaffirm the covenants, restrictions and obligations contained in the Recorded Educational Mitigation Agreement with the CITY, COUNTY and SCHOOL BOARD which was recorded in O. R. Book 39373, Page 1749 of the Public Records of Broward County, Florida. 3 Tri-Party Dania Beach Agreement 3. IMPLEMENTATION OF AGREEMENT THROUGH THE CITY'S LAND DEVELOPMENT CODE 3.01 The CITY agrees that any application for new residential development within the Regional Activity Center shall be subject to the imposition of educational mitigation in the manner set forth in the recorded Educational Mitigation Agreement and this Agreement. The CITY shall amend its land development code no later than 90 days from the approval of this Agreement by the SCHOOL BOARD and the COUNTY to (a) require that any application for the additional residential units within the Regional Activity Center shall be subject to the public school concurrency review process and as applicable, the imposition of educational mitigation; (b) monitor and make certain that development within the Regional Activity Center will be built as specified herein for residential type and mix, and (c) as otherwise may be required to comply with this Agreement. 3.02 The CITY will require evidence of payment of the cost per student station for units within the Local Activity Center or satisfaction of public school concurrency mitigation requirements or the payment of school impact fees, whichever is applicable, for units within the Regional Activity Center, from individual applicants prior to the issuance of building permits., 3.03 The CITY shall notify the School Superintendent or his designee upon plat or site plan approval of any residential project authorized pursuant to Land Use Plan Amendment PC 09-5. 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. 3.04 Prior to environmental review approval of construction plans as set forth within Chapter 27, Broward County Code of Ordinances by the Development and Environmental Regulation Division for a building permit for the construction or erection of a residential building located with the Regional Activity Center, the CITY shall identify the specific type of residential unit and treatment (i.e., previously approved Local Activity Center units, Regional Activity Center units subject to public school impact fees or Regional Activity Center units subject to school concurrency mitigation) and provide written notification to the Broward County Development and Environmental Regulation Division. 3.05 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 Regional Activity Center until the Student Station Unit Cost is paid or public school concurrency mitigation requirements have been satisfied, or school impact fees have been paid. 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 09-5 or this Agreement by any remedy provided by law or equity. 4. PAYMENTS. During environmental review approval of construction plans as set forth within Chapter 27, Broward County Code of Ordinances by the Development and Environmental Regulation Division for a building permit for the construction or erection of a residential building located with the Regional Activity Center, an applicant shall pay Student 4 Tri-Party Dania Beach Agreement Station Unit Cost for units within the Local Activity Center, satisfy school concurrency mitigation or pay school impact fees for the remainder of the units in the Regional Activity Center. 5. EDUCATIONAL FACILITIES. The monies paid by the owner(s) and/or developer(s) pursuant to this Agreement shall, pursuant to School Board Growth Management Policy, and as applicable, the Broward County Land Development Code, be used to provide educational facilities to serve students generated by the 7,818 residential units in the Regional Activity Center. The CITY recognizes and agrees that, even if such monies are not directly utilized to meet the educational needs of the future residents of the area within the Regional Activity Center, the use of such monies 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. 6. TRANSMITAL OF FUNDS TO THE SCHOOL BOARD. The COUNTY agrees to remit quarterly to the SCHOOL BOARD, the Student Station Unit Cost or school impact fees collected for the Regional Activity Center dwelling units to be spent by the SCHOOL BOARD in accordance with School Board Growth Management Policy. 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 and Environmental Regulation Division] 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 5 Tri-Party Dania Beach Agreement 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, 8'" Floor Fort Lauderdale, FL 33301 8. RELEASE. When all of the obligations set forth herein are fully paid and performed subject to the approval of the SCHOOL BOARD, the SCHOOL BOARD and 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. 9. 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 6 Tri-Party Dania Beach Agreement 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. HE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] ] Tri-Party Dania Beach Agreement 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 12010, The BROWARD SCHOOL BOARD OF BROWARD COUNTY, signing by and through its Chair, authorized to execute same by Board action on the _ day of , 2010 , and CITY, signing by and through its , duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Bertha Henry, County Administrator and By Ex-Officio Clerk of the Ken Keechl, Mayor Board of County Commissioners of Broward County, Florida day of , 2010 Approved as to form by Office of County Attorney Broward County, Florida Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By Assistant County Attorney day of , 2010 8 Tri-Party Dania Beach Agreement SCHOOL BOARD (Corporate Seal) THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA By ATTEST: Jennifer L. Gottlieb, Chair day of 2010 Approved as to Form: James Notter, Superintendent of Schools Edward Marko, School Board Attorney 9 Tri-Party Dania Beach Agreement CITY WITNESSES: CITY OF DANIA BEACH By C.K. McElyea, Mayor-Commissioner day of , 2010 ATTEST: By Robert Baldwin, City Manager Louise Stilson, City Clerk day of , 2010 APPROVED AS TO FORM: By Thomas J. Ansbro, City Attorney 10 Tri-Party Dania Beach Agreement EXHIBIT "A" REGIONAL ACTIVITY CENTER LEGAL DESCRIPTION 11 Tri-Pa Dania Beach Agreement �'tY 9 EXHIBIT "B" LOCAL ACTIVITY CENTER LEGAL DESCRIPTION 12 Tri-Party Dania Beach Agreement EXHIBIT "C' RECORDED EDUCATIONAL MITIGATION AGREEMENT 13 r Tri-Party Dania Beach Agreement EXHIBIT "D" LAND USE PLAN AMENDMENT SCHOOLS CONSISTENCY REVIEW REPORT (Land Use Plan Amendment PC 09-5) 14