ADDENDA TO AGENDA CITY COMMISSION MEETING - OCTOBER 23, 2014

Transcription

1 ADDENDA TO AGENDA CITY COMMISSION MEETING - OCTOBER 23, 2014 SUSTAINABLE DEVELOPMENT 19. AN ORDINANCE AMENDING ORDINANCE WHICH AMENDED ORDINANCE , WHICH APPROVED THE SITE PLAN REQUEST OF POMPANO IMPORTS INC., FOR THE DEVELOPMENT KNOWN AS THE VILLAGE OF MARBELLA (ORDINANCE NO ) CITY ATTORNEY 20. A RESOLUTION APPROVING A FIRST AMENDMENT TO THE EDUCATIONAL MITIGATION AGREEMENT BETWEEN THE CITY OF COCONUT CREEK, BROWARD COUNTY, AND THE SCHOOL BOARD OF BROWARD COUNTY (RESOLUTION NO ) 21. A RESOLUTION APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF POMPANO IMPORTS, INC. V. THE SCHOOL BOARD OF BROWARD COUNTY, THE CITY OF COCONUT CREEK, AND BROWARD COUNTY (RESOLUTION NO ) 22. ADJOURNMENT

2 AGENDA ITEM REPORT TITLE:..title AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, AMENDING ORDINANCE WHICH AMENDED ORDINANCE , WHICH APPROVED THE SITE PLAN REQUEST OF POMPANO IMPORTS INC., FOR THE DEVELOPMENT KNOWN AS THE VILLAGE OF MARBELLA..body BACKGROUND: Pompano Imports has not been able to move forward with the development of its property because, as a condition of approval of the Village of Marbella Plat, Pompano Imports was required to acquiesce to the fees included in the original School Mitigation Agreement required for the Regional Activity Center (RAC). Efforts to resolve the school agreement issues began in earnest in June of Despite repeated efforts by the City of Coconut Creek and Pompano Imports, the School Board was unwilling to modify the agreement and Pompano Imports ultimately filed suit on April 27, There is currently pending a potential resolution of this matter after five years and five months. DISCUSSION: In connection with the potential settlement of the pending litigation regarding the School Mitigation Agreement for the MainStreet RAC, Pompano Imports, Inc. is seeking an extension to its site plan approval for the five (5) year and five (5) month period that it has taken to resolve this matter. RECOMMENDATION: Staff recommends approval of this amendment. FISCAL IMPACT: REVENUES: $ 0 EXPENDITURES: $ 0 BUDGETED? NOTES: N/A

3 ORDINANCE NO AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, AMENDING ORDINANCE WHICH AMENDED ORDINANCE , WHICH APPROVED THE SITE PLAN REQUEST OF POMPANO IMPORTS, INC., FOR THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF, BEING GENERALLY KNOWN AS PARCELS A, A-1, A-2, A-3, PARCELS B, B-1, B-2, PARCELS C, C-1, C-2, AND PARCELS F AND F- 1 OF LYONS CREEK PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 169, PAGE 42, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS CONTAINING 19.1 ACRES MORE OR LESS IN ORDER TO PROVIDE FOR AN EXTENSION OF THE VESTING PERIOD; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the property known as a portion of the Lyons Creek Plat, Pompano Imports, Inc. ( Property Owner ), also known as the Village of Marbella, is requesting amendments to the site plan approval for said property; and WHEREAS, Ordinance No was passed on second reading on June 12, 2008; and WHEREAS, Ordinance No granted Pompano Imports, Inc. site plan approval including specific expiration dates for the Village of Marbella Project, in the City's MainStreet Project Area (MSPA); and WHEREAS, The Florida Legislature passed Senate Bill 360 (Chapter Laws of Florida), which provided a two year extension to the expiration date of many permits, and, WHEREAS, During the 2011 session the Florida Legislature once again provided for permit extensions under certain conditions, and WHEREAS, pursuant to Section , Florida Statutes and Executive Orders and the village of Marbella project was granted an 89 day and a six (6) month extension and has a current expiration of March 10, 2016; and 1 CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

4 WHEREAS, the Property Owner has been delayed in development due to a legal dispute related to school mitigation fees; and WHEREAS, Staff has reviewed these conditions and finds that the Village of Marbella project should be eligible for an additional five year and five month extension; and WHEREAS, The Village of Marbella site plan carries with it certain vested rights granted by ordinance within the MainStreet RAC; and WHEREAS, Staff recommends implementing these extensions via an ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the City Commission has reviewed and approves the amendment to Ordinance , attached hereto and made a part hereof. Section 2: That Section 5a of Ordinance is hereby amended as follows: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Section 5: In addition to the conditions recommended by the Planning and Zoning Board, the site plan shall be subject to the follow condition: a. The uses as depicted on the site plan shall be vested until November 12, 2020 June 12, If a building permit for one of the six principal buildings depicted on said site plan is not issued prior to November 12, 2020to June 12, 2015, the site plan shall expire. If construction does not commence within 180 days from issuance of said building permit, the site plan shall expire. Section 3: That all other conditions of Ordinance No and Ordinance No remain in full force and effect. Section 4: That in the event any provision or application of this Ordinance shall be held to be invalid, it is the legislative intent that the other provisions and applications hereof shall not be thereby affected. 2 CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

5 Section 5: That all ordinances or parts of ordinances in conflict herewith are to the extent of said conflict, hereby repealed. Section 6: That this Ordinance shall be in full force and effect immediately upon its passage and adoption. PASSED FIRST READING THIS DAY OF, PASSED SECOND READING THIS DAY OF, ATTEST: Lisa K. Aronson, Mayor Leslie May City Clerk 1 st 2 nd Aronson Tooley Sarbone Belvedere Welch SR/jw \\pdc\data\agenda\agendas from 2014\AGENDA REG\SusDev - ord Extending Village of Marbella.docx CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

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7 EXHIBIT A Legal Description: Parcels A, A-1, A-2, A-3, Parcels B, B-1, B-2, Parcels C, C-1, C-2, and Parcels F and F-1 of Lyons Creek Plat, according to the Plat thereof, as recorded in Plat Book 169, Page 42, of the Public Records of Broward County, Florida. 4 CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

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9 116/ : 24 FA.."l [4J LAW OFFICES MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A. eoo CORPORATE DRIVE. SUITE 500 FORT LAuoeRDALE, FLORIDA MlCHAH W. MOSKOWITZ- SCOTT E. SIMOWITZ CRAIG J. MANDELL WILLIAM G. SALIM, JR." SC OTT M. ZASLAV' ARI J. GLAZER A TODD A. ARMBRUSTER ARTHUR E. LEWIS IRMA T. BARRIOS TARA L, ROSENFELD GREG H. ROSENTHAL JESSICA l. PFEFFER'" JOSHUA C. KLIGLER JOV a. HUPPERT BENJAMIN SUNSHINE IlROWARD (954) l0CA RATON (561} TELECOPIER (964) t mmu@mmsslaw.com OF COUNSEL SHIRLEV O. W(!ISMAN, P.A. Michael W. Mos\(owll~ mmoskowitz@mms law.ciull Olrect (954) ALSO ADMITTED IN NY & DC' ALSO ADMITTED IN MA" ALSO AOMITTEO IN NY 11 CT' ALSO ADMITTED IN NY' ALSO ADMITTED IN UAE AA CERTIFIED CIRCUIT COURT MEDIATOR October 16,2014 VIA , TELEFAX AND REGULAR U.S. MAIL Ms. Sheila Rose Director of Development Services City of Coconut Creek 4800 W. Copans Road Coconut Creek, FI Re: Extension of Village of Marbella Site Plan Approval Dear Sheila: In connection with the potential settlement of the pending litigation regarding the School Mitigation Agreement for the Main Street RAe, my client, Pompano Imp0l1s, Inc. is seeking a tolling of the running of its site plan approval. If you will recall Pompano hnports has not been able to move forward with the development of its property because, as a condition of approval of the Village of Marbella Plat, my client was required to acquiesce to the fees charges by the original School Mitigation Agreement. Pompano Imports began its efforts to resolve the school agreement issues in June of 2009 with a meeting with School Superintendent James Notter. Despite repeated efforts by Pompano Imports the School Board was unwilling to modify the agreement forcing my client to ultimately file suit on April 27, That would mean that Pompano Imports bas been working to resolve the School Mitigation Agreement for 5 years and 5 months during which htmdreds of thousands of dollars were spent in legal fees.

10 10/16/ :24 FAX /0003 October Page 2 There is currently pending a potential resolution of this matter. In view of this history Pompano Imports is seeking a tolling of the site plan approval for the 5 year and 5 month period that it has taken to resolve this matter. Very truly yours, MOSKOWITZ, MWMldkd Cc: Terrill Pyburn, Esq.

11 ORDINANCE NO AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, AMENDING ORDINANCE , WHICH APPROVED THE SITE PLAN REQUEST OF POMPANO IMPORTS, INC., FOR THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF, BEING GENERALLY KNOWN AS PARCELS "A", IjA-1", "A 2", "A-3"; PARCELS "B", "8-1", "8-2", PARCELS "C", "C_1", "C-2", AND PARCELS j'f" AND "F-1" OF LYONS CREEK PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 169, PAGE 42, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS CONTAINING 19.1 ACRES MORE OR LESS; PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the property known as a portion of the Lyons Creek Plat, Pompano Imports, Inc. ("Property Owner") is requesting amendments to the site plan approval for said property; and 2008; and WHEREAS, Ordinance No was passed on second reading on June 12, WHEREAS, Ordinance No granted Pompano Imports, Inc. site plan approval including specific expiration dates for the Village of Marbella Project, in the City's MainStreet Project Area (MSPA); and WHEREAS, The Florida Legislature passed Senate Bill 360 (Chapter Laws of Florida), which provided a two year extension to the expiration date of many permits, and, WHEREAS, During the 2011 session the Florida Legislature once again provided for permit extensions under certain conditions, and WHEREAS, Staff has reviewed these conditions and finds that the Village of Marbella project should be eligible for an additional two year extension; and WHEREAS, The Village of Marbella site plan carries with it certain vested rights granted by ordinance within the MainStreet RAe; and WHEREAS, Staff recommends implementing these extensions via an ordinance. 1 CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the City Commission has reviewed and approves the amendment to Ordinance , attached hereto and made a part hereof. Section 2: That Section 3 and Section Sa of Ordinance are hereby amended as follows: w w * * * * * w w * * * * * * * * w * * * * w * w * * * * * * w * * * * * * * * * * * * * w * * * * * * Section 3: That notwithstanding any provision of this Ordinance to the contrary, the adoption of this Ordinance by the City Commission hereby vests the specific uses, densities and intensities shown on the site plan attached as Exhibit B for a period that shall in no event exceed June 12, to be known as maximum vested period twelve (12) yeafs from the date of this Ordinano8. Thereafter, all said uses, densities, and intensities shall by operation of law be null and void, except for those uses, densities, and intensities for which a building permit has been issued, and remains valid in accordance with the provisions of 5(b) of this ordinance, and those buildings that have been issued a certificate of occupancy. The expiration of the vested w.'elve yeaf-period shall preclude the issuance of any further building permits for the construction of a new building pursuant to this site plan. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Section 5: In addition to the conditions recommended by the Planning and Zoning Board, the site plan shall be subject to the follow condition: a. The uses as depicted on the site plan shall be vested until June for a period of thirty six (36) months from final site ~Ian approval by oity Comlflission. If a building permit for one of the six principal buildings depicted on said site plan is not issued prior to June 12, 2015 'liithin the thirty six (J6) month period, the site plan shall expire. If construction does not commence within 2 CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

13 180 days from issuance of said building permit, the site plan shall expire. Section 3: That all other conditions of Ordinance No remain in full force and effect. Section 4: That in the event any provision or application of this Ordinance shall be held to be invalid, it is the legislative intent that the other provisions and applications hereof shall not be thereby affected. Section 5: That all ordinances or parts of ordinances in conflict herewith are to the extent of said conflict, hereby repealed. Section 6: That this Ordinance shall be in full force and effect immediately upon its passage and adoption. PASSED FIRST READING THIS 25th DAY OF August,2011 PASSED SECOND READING THIS 8th DAY OF September, 2011 ATTEST: a?jc~ Lou Sarbone, Mayor t: 2 nd Sarbone Absent A~e Belvedere Aye Aye Gerber Aye Absent Tooley Aye Aye Aronson Aye Aye 3 CODING: Words in strike thro~gh type are deletions from existing test. Words in underscored type are additions in existing test.

14 EXHIBIT "A" Legal Description: Parcels "A", "A-1", "A-2", "A-3", Parcels "B", "B-1", "B-2", Parcels "C", "C-1", "Cw2", and Parcels "F" and "F 1" of Lyons Creek Plat, according to the Plat thereof, as recorded in Plat Book 169, Page 42, of the Public Records of Broward County, Florida. 4 CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

15 ORDINANCE NO AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, APPROVING THE SITE PLAN REQUEST OF POMPANO IMPORTS, INC., FOR THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF, BEING GENERALLY KNOWN AS PARCELS "A", "A 1", "A-2", "A-3", PARCELS "B", "B-1", "B-2", PARCELS "C", "C- 1", "C-2", AND PARCELS "F" AND "F-1" OF LYONS CREEK PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 169, PAGE 42, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, SAID LANDS CONTAINING 19.1 ACRES MORE OR LESS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the property known as a portion of the Lyons Creek Plat, Pompano Imports, Inc. ("Property Owner") is requesting site plan approval for said property; and WHEREAS, the Property Owner proposes to construct a mixed use development including 297,500 square feet of retail and office space, 150 room hotel, and 764 residential units; and WHEREAS, the proposed site plan is generally consistent with the MainStreet Design Standards; and WHEREAS, the Property Owner has received a Planned MainStreet Development District (PMDD) rezoning consistent with the site plan, which is consistent with the effective land use plan of the City of Coconut Creek, and is based upon a strict adherence to the MainStreet Design Standards document; and WHEREAS, at its meeting of March 12, 2008, the City's Planning and Zoning Board recommended the approval of said site plan request to the City Commission subject to the following conditions; 1. All outstanding DRC comments shall be addressed by the property owner prior to the issuance of a building permit. CODING: Words in strugk through type are deletions from existing text. Words in underscored type are additions to existing text. A line of Indicates existing text not shown. 1

16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the City Commission has reviewed and approves the site plan for Pompano Imports, Inc., attached hereto and made a part hereof as Exhibit "B." Section 2: That at its meeting of March 12, 2008, the City's Planning and Zoning Board recommended the approval of said site plan request to the City Commission with the following conditions: a. All outstanding ORC comments shall be addressed by the property owner prior to the issuance of a building permit. Section 3: That notwithstanding any [2rovision of this Ordinance to the contrary, through the adoption of this Ordinancej...Qy the City Commission hereby vests the specific uses, densities and intensities shown on the site plan attached as Exhibit 8 for a period that shall in no event exceed of not more than se Sfl twelve (12) years from the date of this Ordinance not withstanding other conditions provided in this Ordinanoe. Thereafter, all said uses, densities, and intensities shall by operation of law be null and void. except for those uses, densities. and intensities for which a building permit has been issued. and remains valid in accordance with the provisions of 5(b) of this ordinance. and those buildings that have been issued a certificate of occupancy. The expiration of the twelve year period shall preclude the issuance of any further building permits for the con~truction of a new building pursuant tq this site plan. Seetio n 4: ~a!=, ==-T:...:.h=a:.:..t.=:a.!.!.ny~a.!.!.nd~a""-lI-,,,u~se;:::,:s::J..,...::d:.:::ec:...:n.::<!si.::;.:tie=.::s::..-a=..:n...:..::d:...,c:.;i nc:.:te<.:..n~s.!:,:iti~es~g.!.::ra",-n=te:.;d:-.:b:::..l-y this Ordinance shall be vested exclusively to the site plan attached as Exhibit B. Any substantial modification of said site plan shall terminate any and all said vested uses, densities and intensities upon approval of said modification by the City Commission. The determination as to whether or not a proposed modification is substantial shall be the sole prerogative of the City based upon the standards set forth in Section of CODING: Words in struck through type are deletions from existing text. Words in underscoreg type are additions to existing text. A line of indicates existing text not shown. 2

17 the Land Development Code as may be amended from time to time. Said determination shall also include and in part be based upon architectural design, sustainable components and building materials approved by the site plan. b. Approval of said substantial modification by the City Commission shall immediately vest the new uses. densities and intensities in the new approved site plan. An application for a Site Plan modification which proposes a reduction of intensity or density shall. upon approva/. result in a loss of vesting equal to the reduction in intensity or density approved by the Site Plan modification. Section 5: In addition to the conditions recommended by the Planning and Zoning Board, the site plan shall be subject to the following conditions: a. The uses as depicted on the site plan shall be vested for a period of 24- thirty-six (36) months from final site plan approval by City Commission. If a building permit for one of the six a principal buildings depicted on said site Rl&!:l is not issued within the ~ thirty-six (36) month period, the site plan shall expire. If construction does not commence within 180 days from issuance of said building permit, the site plan shall expire. A t... 'olve (12) menth extensien of the site plan approval may be granted by the Devolopment Services Director pmvided all applicable planning, building, loning, and engineering regulations in effect at tho time of the original site plan approval remain unchanged. An extension shall only be granted when an applicant has applied for an extension during the original effective period of the site plan and a determinatien that the project development is proceeding with due diligence has been made by the Development Services Director. Only one (1) extension shall be pormitted. In the ovent construction does not continuo v,tith due diligence, the devolopment program shall oxp~ upon writton notice from the City to Pompano Imports, Inc., or their successors. CODING: Words in struc/f thro/:jfjh type are deletions from existing text. Words In underscored type are additions to existing text. A line of... indicates existing text not shown. 3

18 b. The site plan shall remain valid provided that there is substantial ongoing construction. If there is not substantial ongoing construction, the site plan and allocation of development rights under the site plan shall remain valid as long as: (i) a period of no greater than six (6) months passes between issuance of a certificate of occupancy for one of the six principal building and the submittal of an application for a building permit fqr gnother of the principal buildings; (ii) following application for a building permit during a period when construction is not ongoing, the applicant diligently and in good faith pursues the issuance of the building permit; and (iii) the building permit, once issued, continues to remain valid in accordance with the Florida Building Code. Should substantial construction be halted due to fire. hurricane. earthquake. explosion. wal sabqtage. accident. flood, act of GRd. riot or civil commotiqn. or by reason of any Qther matter or condition beyoqd the control of the property owner. and which cannot be overcome by reasonable dilig~nce and without unusual expense ("Forge Majeure"), an extension to the site plan validity may be granted by the Development Services Director or the City Manager. for the period of time of the effect of the emergency or event. The decision of the Development Services Director or the City Manager is appealable to the City Commission. In no event shall a lack of funds 90 the part of the property owner be deemed Force Majeure. c. The Property Owner may modify architectural facades for individual tenant(s) so long as the overall architectural design of the project is not compromised. The property owner shall submit architectural plans to Development Services for review which shall be reviewed administratively by Development Services Department prior to submittal of building permits. d. Architectural facades where individual tenant(s) are proposed which require individual tenant storefront design or treatment shall be permitted to install wood storefronts consistent with the requirements of the Florida Building CODING: Words in struck thfough type are deletions from existing text. Words in underscored type are additions to existing text. A line of indicates existing text not shown. 4

19 Code until tenant(s) are issued building permits. Wood storefronts shall be painted white on the exterior and contain the tenant name and the overall project name. e. The Property Owner, pursuant to Ordinance No , is responsible for payment of the Park Impact Fee for the residential portion of the project in the amount of $368, This amount is based on 2007 dollars and will be annually adjusted by the Consumer Price Index (CPI) or 3%, whichever is greater. The fee shall be paid in thirds prior to the issuance of building permits for the following buildings: Building No Total: Units Payment 252 $122, $122, $122, $368, Section 6: That by the adoption of this Ordinance and the associated site plan, all previous site plans and permits for work that is incomplete shall hereby be rescinded. Section 57: That in the event any provision or application of this Ordinance shall be held to be invalid, it is the legislative intent that the other provisions and applications hereof shall not be thereby affected. Section 68: That all ordinances or parts of ordinances in conflict herewith are to the extent of said conflict, hereby repealed. Section -79: That this Ordinance shall be in full force and effect immediately upon its passage and adoption. CODING: Words In struck /hro!jf}h type are deletions from existing text. Words in underscored type are additions to existing text. A line of... indicates existing text not shown. 5

20 PASSED FIRST READING THIS 13 th DAY OF March,2008. PASSED SECOND READING THIS 12th DAY OF June,2008. ATTEST: ~ Barbara S. Price, ~~. City Clerk MC ~ 2 nd Tooley Aye Aye Freund Aye Aye Gerber Aye Aye Sarbone Aye Aye (Vacant No Vote Aronson see meeting minutes WSS:jh:mb E:ICity A\torneylNCousinslOocumentslDevelopment ServiceslDowntown Coconut CreeklBMW - ChariffiORD Village of Marbella site plan AMENDED B.doc CODING: Words in stmek through type are deletions from existing text. Words in underscored type are additions to existing text. A line of indicates existing text not shown. 6

21 AGENDA ITEM REPORT TITLE:..title RESOLUTION APPROVING A FIRST AMENDMENT TO THE EDUCATIONAL MITIGATION AGREEMENT BETWEEN THE CITY OF COCONUT CREEK, BROWARD COUNTY, AND THE SCHOOL BOARD OF BROWARD COUNTY..body BACKGROUND: In connection with the Coconut Creek Regional Activity Center ( RAC ) approval, the City entered into an Educational Mitigation Agreement with the County and the School Board on June 20, 2006 ( the Agreement ). At that time the Agreement specifically provided for voluntary mitigation of the impact of 2,700 residential units within the Coconut Creek RAC and this further required that individual applicants pay student station cost factor fees in lieu of school impact fees on a site specific per project basis. In July, 2014, the City submitted an application to the School Board to change the type and mix of residential units proposed in the Agreement. As a result of the foregoing, the City, the County, and the School Board are desirous of amending the Agreement to provide for vesting for up to 6,450 residential units by combining the units in the original Coconut Creek RAC with the units in the MainStreet DRI (Development of Regional Impact). DISCUSSION: The City is committed to moving forward with the development of MainStreet by amending the Educational Mitigation Agreement to provide for the change in number of proposed units as well as the change in type and mix as follows: 2,700 units to 6,450 residential units within the MainStreet DRI. The New Breakdown consists of: 200 Townhomes (prior 950), 0 Garden Apartments (prior 350), 1880 High Rise Units (prior 1400), and 4370 Mid Rise Units (prior 0), however, there is flexibility as to the Unit Mix and Type provided for in the Amendment. The Amendment provides for assessment of Student Station Fees at the amount of the Broward County Educational Impact Fee that is in place at the time of building permit, or $970.00, whichever is greater at the time of payment. (In no event will it be less than $970.00). (Prior agreement provided for a minimum of $3, utilizing the June 2012 cost per student station. Using the current cost per student station, that dollar amount has escalated to $4,900.00). Finally, this Amendment provides that all 6,450 residential units will be vested for public school concurrency. RECOMMENDATION: Staff recommends approval.

22 FISCAL IMPACT: REVENUES: $ 0 EXPENDITURES: $ 0 BUDGETED? No NOTES: None.

23 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA, APPROVING A FIRST AMENDMENT TO THE EDUCATIONAL MITIGATION AGREEMENT BETWEEN THE CITY OF COCONUT CREEK, BROWARD COUNTY, AND THE SCHOOL BOARD OF BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 20, 2006, the City Commission approved an Educational Mitigation Agreement between the City of Coconut Creek, Broward County, and the School Board of Broward County ( the Agreement ). This Agreement provided for the voluntary mitigation of the impact of 2,700 residential units within the Coconut Creek Regional Activity Center ( RAC ) and this further required that individual applicants pay student station cost factor fees, in lieu of school impact fees on a site specific per project basis; and WHEREAS, in July, 2014, the City applied to the School Board to change to the type and mix of residential units; and WHEREAS, the parties are desirous to amend the Educational Mitigation Agreement and to create a First Amendment to the Agreement in order to reflect the change to the type and mix of residential units as follows: from 2,700 to 6,450 residential units by combining the units in the original RAC with the units in the MainStreet DRI with a breakdown consisting of: Prior Agreement Now a. Townhomes b. Garden Apartments c. High Rise Units d. Mid Rise Units ** However, flexibility as to the Unit Mix and Type is provided for in this Amendment;

24 and WHEREAS, the First Amendment to the Agreement further provides for Assessment of Student Station Fees at the amount of the Broward County Educational Impact Fee that is in place at the time of building permit, or $970, whichever is greater at time of payment. (In no event will it be less than $970); and WHEREAS, the First Amendment provides that all 6,450 residential units are vested for public school concurrency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: The foregoing WHEREAS clauses are ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2: The City Commission of the City of Coconut Creek approves the First Amendment to the Educational Mitigation Agreement between the City of Coconut Creek, Broward County, and the School Board of Broward County. Section 3: The appropriate City Officials are authorized to execute the First Amendment to the Educational Mitigation Agreement between the City of Coconut Creek, Broward County, and the School Board of Broward County. Section 4: repealed to the extent of such conflict. All Resolutions or parts of Resolutions in conflict herewith are Section 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. 2

25 Section 6: passage and adoption. This Resolution shall become effective immediately upon its Adopted this day of, Lisa K. Aronson, Mayor Attest: Leslie Wallace May, MMC City Clerk Aronson Tooley Belvedere Sarbone Welch 3

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27 EXHIBIT "AU legal Description: Parcels "A", "A-1", "A-2", "A-3", Parcels "B", "8-1", "B-2", Parcels "G", "C-1", "G-2", and Parcels "F" and "F-1" of Lyons Creek Plat, according to the Plat thereof, as recorded in Plat Book 169, Page 42, of the Public Records of Broward County, Florida. CODING: Words in struck through type are deletions from existing text. Words in underscored type are additions to existing text. A line of indicates existing text not shown. 7

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29 Return to: (enclose self-addressed stamped envelope) Name: Address: This Instrument Prepared by: SPACE ABOVE THIS LINE FOR PROCESSING DATA NOTICE: PURCHASERS, GRANTEES, HEIRS, SUCCESSORS AND ASSIGNS OF ANY INTEREST IN THE PROPERTY SET FORTH ON EXHIBITS A AND B ARE HEREBY PUT ON NOTICE OF THE OBLIGATIONS SET FORTH WITHIN THIS FIRST AMENDMENT WHICH SHALL RUN WITH THE PROPERTY UNTIL FULLY PAID AND PERFORMED. FIRST AMENDMENT TO EDUCATIONAL MITIGATION AGREEMENT (Coconut Creek Regional Activity Center) THIS FIRST AMENDMENT TO THE EDUCATIONAL MITIGATION AGREEMENT ( First Amendment ) made and entered into by and among: BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as County, AND CITY OF COCONUT CREEK, 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 City changed the land use designation within the City of certain property legally described on Exhibit A, attached hereto and made a part hereof, from commercial and industrial uses to a Regional Activity Center ( RAC ) designation pursuant to Broward County 1

30 Land Use Plan Amendment PC (the Coconut Creek RAC ) which permitted 2,700 residential units; and WHEREAS, the City voluntarily agreed to mitigate the impacts of 2,700 residential units within the Coconut Creek RAC which requires individual applicants to pay student station cost factor fees, in lieu of school impact fees, on a site specific project basis; and WHEREAS, the 2,700 residential units within the Coconut Creek RAC are considered previously approved units, which have not been built and are vested for public school concurrency. These residential units were approved as: (i) (ii) (iii) 950 townhouse (3 or more bedrooms), 350 garden apartments (3 or more bedrooms), and 1,400 high rise (2 or more bedrooms); and WHEREAS, in connection with the Coconut Creek RAC approval, the City entered into an Educational Mitigation Agreement with the County and School Board that applies to the entire Coconut Creek RAC, which was recorded in Official Records Book 42279, at Pages in the public records of Broward County, Florida, and applies to the entire RAC, a copy of which is attached hereto as Exhibit C (the Educational Mitigation Agreement ); and WHEREAS, at the time of the School Board s staff review of the application for the Coconut Creek RAC 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 has since been amended to include mid-rise units which is defined as four (4) or more attached dwelling units in a building with four (4) to eight (8) residential stories (exclusive of parking levels); and WHEREAS, since the approval of the Educational Mitigation Agreement, the City and Broward County in conjunction with the School Board have adopted public school concurrency regulations 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 development 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, prior to the issuance of a building permit for a residential unit on the Property, any property owner within the Coconut Creek RAC shall mitigate school impacts in accordance with the terms and provisions of the Second Amended Interlocal Agreement for Public School Facility Planning between the School Board, Broward County and 27 municipalities in Broward County and Section of the Broward County Land Development Code as either may be amended from time to time; and 2

31 WHEREAS, located within the geographic boundaries of the Coconut Creek RAC, the County Commission approved Broward County Land Use Plan Amendment PCT 10-3 (the MainStreet Property Amendment ), for real property legally described on Exhibit B attached hereto and made a part hereof (the MainStreet Property ), which has been designated as Coconut Creek Development of Regional Impact pursuant to the approved Application for Development Approval No.: ; and WHEREAS, the MainStreet Property Amendment increased the intensity of residential dwelling units within the Coconut Creek RAC by an additional 3,750 residential dwelling units currently comprised as follows: (i) (iii) (iv) 100 townhouse (3 or more bedroom) units, 2,750 mid-rise apartment units, 900 high rise units, (collectively the Additional MainStreet Property Units ), which residential dwelling units are allocated solely to the MainStreet Property; and WHEREAS, pursuant to the MainStreet Property Amendment, the total number of residential units in the Coconut Creek RAC has been increased to 6,450 units as follows: (i) (ii) (iii) (iv) 1,050 townhouse (3 or more bedroom) units, 2,750 mid-rise units, 350 garden apartment (3 or more bedroom) units, 2,300 high rise units; (collectively, the Property Residential Dwelling Units ); and WHEREAS, the Additional MainStreet Property Units are subject to public school concurrency review; however, to satisfy public school concurrency; and WHEREAS, public school concurrency requires that prior to the issuance of a building permit for a residential unit on the Property, the owner of any portion of the Property shall voluntarily mitigate school impacts, if applicable, in accordance with the terms and provisions of the Second Amended Interlocal Agreement for Public School Facility Planning between the School Board, Broward County and 27 municipalities in Broward County and Section of the Broward County Land Development Code as either may be amended from time to time; and WHEREAS, to comply with public school concurrency and mitigate the school impacts, the Additional MainStreet Property Units shall be assessed student station cost factor fees, in lieu of school impact fees, consistent with terms of the Educational Mitigation Agreement as amended herein at the plat or site plan stage of review; and WHEREAS, pursuant to Application dated July 17, 2014, from the City to the School Board, the City has proposed a change to the total permitted 6,450 residential unit type and mix within the Coconut Creek RAC (including the Additional MainStreet Property Units) ( City Unit Application ) as follows: 3

32 (i) (ii) (iii) 200 townhouse (3 or more bedroom) units, 4,370 mid-rise units, 1,880 high rise units; and WHEREAS, the School District s Facility Planning and Real Estate Department issued a School Consistency Review Report (SBBC ) dated August 5, 2014, regarding the City Unit Application, a copy is attached hereto as Exhibit D ; and WHEREAS, in connection with the MainStreet Property Amendment and the City Unit Application, the parties hereto are desirous of amending the Educational Mitigation Agreement, upon the terms and provisions as hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound, do hereby agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by this reference. Capitalized terms not otherwise defined herein shall have the same meaning as ascribed to such terms in the Educational Mitigation Agreement. 2. The City and County do hereby confirm, ratify and reaffirm the covenants, restrictions and obligations contained in the Educational Mitigation Agreement with the City, County and School Board which was recorded in Official Records Book 42279, Pages of the Public Records of Broward County, Florida to the extent the same are not modified herein. Notwithstanding the foregoing this First Amendment shall be deemed part of, but shall take precedence over and supersede any provisions to the contrary contained in the Educational Mitigation Agreement. 3. In order to provide clarity and to resolve any confusion as to which provisions of the Educational Mitigation Agreement remain effective following this First Amendment ( Surviving Provisions ), a list of the Surviving Provisions is set forth below: A. Sections 1.01 through 1.02; B. Section 1.07; C. Sections 3 through 14; and D. Section 16. To the extent that the Surviving Provisions refer to the Agreement they shall be deemed to refer to the First Amendment. 4. The City, School Board and County acknowledge and approve the total permitted 6,450 residential unit type and mix within the Coconut Creek RAC as specified in the City Unit Application. Any application for new residential development within the Coconut Creek RAC shall be consistent with the City Unit Application and subject to the imposition of educational 4

33 mitigation in the manner set forth in the Mitigation Agreement and this First Amendment. The City shall amend its land development code no later than 90 days from the approval of this First Amendment by the School Board and the County to (a) require that any application for the City Unit Application Dwelling Units within the Coconut Creek RAC shall be assessed student station cost factor fees or school impact fees, whichever is greater, consistent with terms of the Educational Mitigation Agreement as modified herein; (b) monitor and make certain that development within the Coconut Creek RAC will be built as specified herein for residential type and mix, and (c) as otherwise may be required to comply with this First Amendment. The City, School Board and County acknowledge that the unit mix for the Property Residential Dwelling Units (which include the additional students generated by the Additional MainStreet Property Units) is subject to change in the same manner as set forth in Section 1.07 of the Educational Mitigation Agreement. 5. STUDENT STATION PER DWELLING UNIT COST The student station per dwelling unit cost for each of the 6,450 residential dwelling units within the Coconut Creek RAC shall be an amount derived from the cost per student station using the current Student Station Cost Factors as 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. Based on the calculation utilizing the September 2014, State of Florida Student Station Cost Factors, the per dwelling unit cost for each residential unit within the Coconut Creek RAC would be $ In no event shall that amount be less for each residential dwelling unit. The actual per unit cost amount due shall be determined at the time of payment and based upon the then applicable cost per Student Station or Broward County Educational Impact Fee schedule whichever is greater at the time of payment. The City will require evidence of payment of the Student Station Cost Factors fees for units or the payment of school impact fees, whichever is applicable, for residential units within the Coconut Creek RAC, from individual applicants prior to the issuance of building permits. The County, School Board, and City agree that at no time when payment is due for each unit, and/or prior to when the last building permit is issued for the final 6,450 residential units shall the total Student Station Cost Factors fee amount due for the units be less than the total County required effective school impact fee that would have been due for those units 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 and published by the State of Florida, and the associated per dwelling unit cost as calculated by the School Board for the 6,450 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 finding 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 per student amount paid The City agrees that it will not accept an application for a building permit for any residential unit, which is included within the Coconut Creek RAC unless it has received documentation of a finding of adequacy by the County. 5

34 The City shall provide written notice to the County s Development Management Division and the School Superintendent or his designee upon plat or site plan approval of any residential project authorized pursuant to the City Unit Application. 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. 7. 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 within the Coconut Creek RAC, the City shall identify the specific type of residential unit and provide written notification to the Broward County Development and Environmental Regulation Division and the School District s Facility Planning and Real Estate Department. 8. Prior to the issuance of a building permit for the construction or erection of a residential building located within the Coconut Creek RAC, the City, its successors and assigns shall verify that the owner, applicant, and/or developer has paid the Student Station Unit Cost Factor Fees or school impact fees, whichever is greater for the Additional Units as set forth herein, or in the alternative, has donated a viable and acceptable school site. Failure to ensure collection of the student station per dwelling unit cost or school impact fees or, in the alternative, failure to ensure that a viable and acceptable school site has been donated prior to the issuance of a building permit shall constitute a default of this First Amendment. 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 the MainStreet Property Amendment, the City Unit Application, or this First Amendment by any remedy provided by law or equity. In the event of a breach of this First Amendment or if enforcement shall be required, the County, School Board and City agree to reasonably cooperate with each other and take all appropriate and necessary action to secure payment of the applicable student state cost payments, and that no party (the County, School Board or City) shall be liable to the other for damages (including the applicable student station cost payment) in such instance; however a party may be subject to equitable remedies such as mandamus or specific performance. 9. Any owner of any portion of property located within the MainStreet Property shall only be permitted to use the Additional MainStreet Property Units, consistent with the City Unit Application. Accordingly, no owner of property located outside the MainStreet Property shall have the right to use the Additional MainStreet Property Units. The previously approved units are only to be used by the other owners of property located within Coconut Creek RAC. However all development within the Coconut Creek RAC shall be subject to and consistent with the City Unit Application. 10. The parties hereto acknowledge that the Second Amended Interlocal Agreement for Public School Facility Planning, as may be amended, together with Section of the Broward County Land Development Code shall control with respect to mitigating for overcrowding of school facilities which may result from residential development as permitted by the MainStreet Property Amendment and the City Unit Application. 6

35 Except as specifically modified hereby, all of the provisions of the Educational Mitigation Agreement which are not in conflict with the terms of this First Amendment shall remain in full force and effect. 12. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together will constitute one and the same instrument. 13. All 6,450 residential dwelling units within the Coconut Creek RAC are hereby vested for public school concurrency in accordance with Section 8.11 of the Second Amended Interlocal Agreement for Public School Facility Planning and School Board Policy 1161 as amended. IN WITNESS WHEREOF, the parties have made and executed this First Amendment on the respective dates under each signature: 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, 2014, School Board, signing by and through its Chair, authorized to execute same by Board action on the day of, 2014, and City, signing by and through its City Manager duly authorized to execute same on the day of, [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK WITH SIGNATURE PAGES FOLLOWING.] 7

36 ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By: Printed Name: Title: day of, 2014 Approved as to form by Office of County Attorney Broward County, Florida Governmental Center, Suite South Andrews Avenue Fort Lauderdale, FL Telephone: (954) Telecopier: (954) By Assistant County Attorney day of

37 SCHOOL BOARD (Corporate Seal) ATTEST: Name: Title: THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA By: Name: Title: day of 2014 Approved as to Form: By: J. Paul Carland, II, its General Counsel day of,

38 CITY WITNESSES: Print Name: Print Name: CITY OF COCONUT CREEK By: Name: Title: Mayor day of, 2014 ATTEST: By: City Clerk Name: Title: City Manager day of, 2014 APPROVED AS TO FORM: By: Name: Terrill C. Pyburn Title: City Attorney day of

39 CREEK PROPERTY OWNER JOINDER AND CONSENT JOHNS FAMILY PARTNERS LLLP, a Florida Limited Partnership, having an address of _2609 North East 27 th Avenue, Fort Lauderdale, Florida 33306, said person/company being the owner and holder of real property located on Exhibit B, attached hereto and made a part hereof, does hereby join and consent to the terms and conditions contained with the First Amendment To Educational Mitigation Agreement (the First Amendment ). IN WITNESS WHEREOF, the undersigned, has caused these presents to be executed in its name this day of, Signed, sealed and delivered in the presence of: WITNESSES: Print Name: Print Name: JOHNS FAMILIY PARNTERS, LLLP a Florida Limited Partnership By: Coconut Creek Ventures, LLC, its General Partner By: Print Name: Title: Address: STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of, 2014, by, as of Coconut Creek Ventures, LLC, as General Partner of JOHNS FAMILY PARTNERS, LLLP, (on behalf of said company). He/She is personally known to me or has produced as identification. Notary Public, State of Florida My Commission Expires: 11

40 EXHIBIT LIST EXHIBIT A Legal Description of Coconut Creek RAC (Regional Activity Center) EXHIBIT B Legal Description of the MainStreet Property EXHIBIT C Copy of Educational Mitigation Agreement EXHIBIT D School Consistency Review Report (SBBC ), Dated August 5,

41 EXHIBIT A LEGAL DESCRIPTION OF THE COCONUT CREEK RAC (REGIONAL ACTIVITY CENTER) COMMENCING AT THE CENTERLINE OF SAMPLE ROAD AND LYONS ROAD, PROCEED WEST TO THE CENTERLINE OF SAMPLE ROAD AND US441/SR7, THENCE PROCEED NORTH TO THE CENTERLINE OF WILES ROAD AND US441/SR7, THENCE PROCEED EAST ALONG WILES ROAD TO THE CENTERLINE OF WILES ROAD AND LYONS ROAD, THENCE PROCEED SOUTH ALONG THE CENTERLINE OF LYONS ROAD TO THE POINT OF BEGINNING. 13

42 EXHIBIT B LEGAL DESCRIPTION OF THE MAINSTREET PROPERTY TRACTS 24,33,34,35,36,37,38,39,40,41,42,48,49,50,51,52,53,54,55,57,58,59,60 AND 73, BLOCK 89 PALM BEACH FARMSCO PLAT 3, AS PER MAP OF PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 54, OF THE PUBLIC RECORDS OF PALM BEACH, FLORIDA SAID LAND SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; LESS AND EXCEPT THE NORTH 20 FEET OF TRACTS 33 AND 42 CONVEYED TO BROWARD COUNTY BY WARRANTY DEEDS RECORDED IN OFFICIAL RECORDS BOOK 24, PAGE 594 AND OFFICIAL RECORDS BOOK 14, PAGE 599; LESS THOSE PORTIONS OF TRACTS 33 AND 55 CONVEYED TO THE BROWARD COUNTY EXPRESSWAY AUTHORITY, AND BROWARD COUNTY, FLORIDA, BY ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 13966, PAGE 480; LESS THAT PORTION OF TRACT 24 KNOWN AS PARCEL NO 101, CONVEYED TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, BY WARRANTY DEEDS RECORDED IN OFFICIAL RECORDS BOOK 21899, PAGES 826 THROUGH 842, INCLUSIVE AND A PORTION OF TRACT 42 KNOWN AS PARCEL NO 102, CONVEYED TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, BY WARRANTY DEEDS RECORDED IN OFFICIAL RECORDS BOOK 21899, PAGES 845 THROUGH 861, INCLUSIVE, ALL OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; AND LESS ALL PREVIOUSLY DEEDED OR DEDICATED ROAD RIGHTS OF WAY. 14

43 EXHIBIT C COPY OF EDUCATIONAL MITIGATION AGREEMENT 15

44 EXHIBIT A LEGAL DESCRIPTION OF THE MAIN STREET RAC (REGIONAL ACTIVITY CENTER) COMMENCING AT THE CENTERLINE OF SAMPLE ROAD AND LYONS ROAD, PROCEED WEST TO THE CENTERLINE OF SAMPLE RPAD AND US4411SR7, THENCE PROCEED NORTH TO THE CENTERLINE OF WILE.SROAD AND US441/SR7, THENCE PROCEED EAST ALONG WILES ROAD TO THE CE.NTERLINE OF WILES ROAD AND LYONS ROAD, THENCE PROCEED SOUTHi\tONG THE. <:ENTERLINE OF LYONS ROAD TO THE POINT OF BEGINNING. 12

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65 AGENDA ITEM REPORT TITLE:..title A RESOLUTION APPROVING A SETTLEMENT AGREEMENT IN THE CASE OF POMPANO IMPORTS, INC. V. THE SCHOOL BOARD OF BROWARD COUNTY, THE CITY OF COCONUT CREEK, AND BROWARD COUNTY..body BACKGROUND: In June, 2006, the City Commission approved an Educational Mitigation Agreement between the City of Coconut Creek, Broward County, and the School Board of Broward County ( the Agreement ). This Agreement provided for the voluntary mitigation of the impact of 2,700 residential units with the Coconut Creek Regional Activity Center ( RAC ) and this further required that individual applicants pay student station cost factor fees in lieu of school impact fees on a site specifc per project basis. In June, 2008, the City Commission approved a site plan request submitted by Pompano Imports, Inc. ( Property Owner ) for the development of a specific property within the MainStreet Area referred to as Marbella. Under the terms of the Agreement, the Property Owner would have had to pay over $4,000 per unit for school impact fees. Thereafter, State Education Concurrency laws changed and the Property Owner filed suit against the School Board, Broward County and the City in April, 2011 in order to seek relief from the fees imposed by the Agreement. DISCUSSION: The City is committed to resolving the case of Pompano Imports, Inc. v. the School Board, Broward County, and the City of Coconut Creek by entering into the attached settlement agreement providing for joint dismissal of the case by Pompano Imports against all defendants with prejudice. The resolution of this case will remove an impediment to the future development of the MainStreet Area by allowing the Property Owner to develop Marbella and by reducing the student station factor fees for other future developments in the area. The School Board has requested that the City contribute up to $95,000 towards the School Board s attorney s fees and costs in order to help effectuate a settlement of this case concurrent with the School Board s agreement to amend the Educational Mitigation Agreement. This settlement agreement provides that once the First Amendment to the Educational Mitigation Agreement is signed by the the School Board, Broward County, and the City, the City will record it with the Clerk of the Court concurrent with the filing of the Joint Stipulation for Dismissal of the Pompano Imports case. The City will then have up to 30 days after the Court executes the Order of Dismissal of the Case to reimburse the School Board for their attorneys fees and costs related to the litigation in this matter.