AGENDA ITEM REPORT
TITLE:
title
A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE ATTACHED FOURTH AMENDMENT TO THE PRE-ANNEXATION AGREEMENT BETWEEN THE CITY, NORTH BROWARD PREPARATORY SCHOOLS, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND BMOC-MIA (FL) LLC, A DELAWARE LIMITED LIABILITY COMPANY TO CLARIFY THE LANGUAGE IN THE PRIOR AGREEMENTS AND TO PROVIDE THE CITY WITH INCREASED PAYMENTS FOR FIRE-RESCUE SERVICES BASED ON THE SCHOOL’S RECENT EXPANSION; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE ATTACHED SETTLEMENT AGREEMENT BETWEEN THE CITY, NORTH BROWARD PREPARATORY SCHOOLS, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND BMOC-MIA (FL) LLC, A DELAWARE LIMITED LIABILITY COMPANY. (ADDENDUM)
body
BACKGROUND:
The City entered into a Pre-Annexation Agreement with North Broward Preparatory Schools Management II, LTD, now known as North Broward Preparatory Schools, LLC, a Florida Limited Liability Company and BMOC-MIA (FL) LLC, a Delaware Limited Liability Company (collectively “School”) on November 17, 1997 (“Agreement”) providing, among other things, for reimbursement to the City for the expenses incurred in providing public services including, in part, fire-rescue services to School. The Agreement was amended by those First, Second, and Third Amendments to the Pre-Annexation Agreement dated May 13, 2004 (“First Amendment”), December 9, 2010, (“Second Amendment”) and February 12, 2015 (“Third Amendment”) respectively, further providing, among other things, for reimbursement to the City for certain public services. The School has expanded its campus with dormitories and other support buildings, which has increased demand for City fire-rescue services.
Due to increases in demand on City services associated with the expansion of the School campus, and the City’s impending approval of Ordinance No. 2021-019 implementing findings from the City’s updated Fire-Rescue Assessment Study referenced and adopted in said Ordinance, the school has agreed to pay the City an increased “Fire-Rescue Services Fee” for all permanent buildings on the campus. They have further agreed to pay City an additional Fire-Rescue Services Payment in the future, if any new permanent buildings are constructed on the property in excess of the current three hundred ninety-six thousand twenty (396,020) square feet.
DISCUSSION:
The City is committed to recovering costs incurred in providing additional demand on fire-rescue services attributable to the new buildings and expansion of uses on the school property in the last several years. The attached Resolution authorizing the City Manager to execute the Fourth Amendment to the Pre-Annexation Agreement provides a mechanism to recoup these costs through the imposition of a Fire-Rescue Services Fee and clarifies that the term of the agreement is fifty (50) years from the date of execution of the Fourth Amendment. Further, the attached Settlement Agreement provides that immediately thereafter, or in any event, no later than ten (10) days after the approval and execution of this Fourth Amendment to the Pre-Annexation Agreement by the City, the school will file a Notice of Voluntary Dismissal with Prejudice of the case entitled: “North Broward Preparatory Schools, LLC, v. City of Coconut Creek, a Florida Municipal Corporation,” Case Number CACE-20-021961, in the Seventeenth Judicial Circuit in and for Broward County, Florida, thereby dismissing and releasing all claims against the City referenced therein.
RECOMMENDATION:
Staff recommends approval of this resolution.
FISCAL IMPACT:
REVENUES: $ 299,306.33
EXPENDITURES: $ 0
BUDGETED? No
NOTES: General Fund Revenue Account 01-V33970, North Broward Service Fee.