File #: RES 2021-182    Name: Fourth Amendment to Pre-Annexation Agreement
Type: Resolution Status: Passed
File created: 8/24/2021 In control: City Commission
On agenda: 8/26/2021 Final action: 8/26/2021
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)
Indexes: Agreement, Amendment, Fire Protection Services, North Broward Prep, Resolution
Attachments: 1. RESOLUTION 2021-182-Fourth Amendment to Pre-Annexation Agrmt, 2. EXHIBIT 1- Fourth Amendment to Pre-Annexation Agrmt, 3. EXHIBIT 2-Settlement Agreement, 4. BACKUP-Pre-Annexation Agreement, 5. BACKUP-First Amendment to Pre-Annexation Agreement, 6. BACKUP-Second Amendment to Pre-Annexation Agreement, 7. BACKUP-Third Amendment to Pre-Annexation Agreement
AGENDA ITEM REPORT
TITLE:

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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)

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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 scho...

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