City of Coconut Creek

Transcription

1 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Meeting Agenda - Final Thursday, November 13, :00 PM Coconut Creek Government Center City Commission LISA K. ARONSON, MAYOR BECKY TOOLEY, VICE MAYOR LOU SARBONE, COMMISSIONER MIKKIE BELVEDERE, COMMISSIONER SANDRA L. WELCH, COMMISSIONER MARY C. BLASI, CITY MANAGER TERRILL C. PYBURN, CITY ATTORNEY LESLIE WALLACE MAY, CITY CLERK COMMISSION MEETINGS TIME: Second and fourth Thursdays of the month at 7:00 p.m. PLACE: Coconut Creek Government Center, 4800 West Copans Road

2 I. WHO MAY SPEAK GENERAL RULES AND PROCEDURES CITY OF COCONUT CREEK CITY COMMISSION MEETINGS Meetings of the City Commission are open to the public. They are not, however, open public forums. Any person who wishes to address the Commission on any subject within the scope of the Commission's authority may do so, provided it is undertaken in an orderly manner and in accordance with the procedures outlined below: A) Speaking on Items on the Agenda: 1. Consent Agenda Items. Items placed on the Consent Agenda are voted on as a group and are not discussed individually. However, any Commissioner may request the removal of any item from the Consent Agenda, which then will be voted upon individually, thereby allowing discussion on that item. If an item is not removed from the Consent Agenda, there shall be no public discussion on that item. 2. Regular Agenda Items. Items placed on the Regular Agenda are voted upon individually and are considered by the Commission generally in the order presented in the Agenda. The Mayor will allow persons to be heard on items requiring a formal public hearing and will allow persons to be heard on regular Agenda items that do not require a public hearing (see below). B) Speaking on Subjects not on the Agenda: A resident may address the Commission on subjects that are not on the Agenda during the period of time designated as Input from Residents of Coconut Creek. The Mayor has the discretion to allow non-residents to be heard on non-agenda items during that time. C) Speaking at Public Hearings: Members of the public may participate in public hearings and be heard regarding a specific Agenda item. The Mayor will announce the opening of the public hearing and call upon persons who have signed the sheet available on the table as one enters the Commission Chambers. Persons also may be recognized by raising their hand at the time indicated by the Mayor. D) Quasi-Judicial Proceedings: Certain Agenda items are quasi-judicial in nature. Generally they are items related to land use matters. Quasi-judicial proceedings require persons to be sworn in before addressing the Commission and they may be subject to cross-examination by the Applicant. Comments of persons refusing to submit to cross examination will not be considered by the City Commission in its final deliberation. II. ADDRESSING THE COMMISSION, MANNER, TIME The length of time each person may speak is limited in the interest of keeping order and conducting the business at hand. Individuals will be limited to three (3) minutes' speaking time. All comments or questions by a person are to be directed only to the Mayor as presiding officer. There shall be no cross conversations or questions of any other persons, including City staff. Persons wishing to address the Commission shall raise their hands until acknowledged by the Mayor. Once acknowledged, they shall come forward, clearly state their name and address, and speak to the Commission, using no more than three (3) minutes. Anyone wishing to speak a second time on the same subject matter first must receive express permission from the Mayor. III. Revised 9/2013 DECORUM If a person attending a City Commission meeting exhibits unruly or threatening behavior or the use of profanity, the Mayor has the authority to order their removal from the Commission Chambers, which may be done by the Police Department, if necessary. If excessive unruliness occurs, the Mayor has the authority to recess or adjourn the meeting.

3 City Commission Meeting Agenda Final November 13,2014 CALL TO ORDER I ROLL CALL PLEDGE OF ALLEGIANCE PRESENT A TION(S) A PROCLAMATION FOR CHILDREN'S GRIEF AWARENESS DAY. Attachments: Attachments: Attachments: Attachments: A PROCLAMATION FOR JIM WALDMAN DAY. A PROCLAMATION FOR KRISTIN JACOBS DAY. A PROCLAMATION FOR LISA K. ARONSON DAY. STUDENT ARTWORK RECOGNITION. INPUT FROM RESIDENTS OF COCONUT CREEK Three (3) minutes per resident on non-agenda items. CITY MANAGER REPORT CITY ATTORNEY REPORT COMMISSION COMMUNICATIONS CONSENT AGENDA Sponsors: Attachments: A MOTION APPROVING MINUTES. City Clerk City of Coconut Creek Page 2 Printed on

4 City Commission Meeting Agenda Final November 13, RES Sponsors: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND REPRESENTATIVE KRISTIN JACOBS FOR SPACE IN THE COCONUT CREEK GOVERNMENT CENTER. City Manager Attachments: 8. RES Sponsors: A RESOLUTION APPROVING THE POND APPLE PLACE IV CONDOMINIUM ASSOCIATION APPLICATION FOR MATCHING FUNDS FROM THE NEIGHBORHOOD ENHANCEMENT GRANT PROGRAM FOR ENHANCEMENTS TO COMMON AREA BUILDING LIGHTING. Sustainable Development Attachments: 9. RES Sponsors: Attachments: A RESOLUTION APPROVING A SUPPLEMENTAL AGREEMENT TO THE FIRST AMENDMENT TO THE EDUCATIONAL MITIGATION AGREEMENT BETWEEN THE CITY OF COCONUT CREEK AND THE JOHNS FAMILY PARTNERS, LLP. City Attorney REGULAR AGENDA Finance Department 10. ORD AN ORDINANCE ADOPTING THE CITY'S OPERATING PROPERTY TAX AT MILLS FOR THE 2015 FISCAL YEAR. (SECOND READING)(PUBLIC HEARING) Attachments: 11. ORD AN ORDINANCE ADOPTING THE FISCAL YEAR 2015 OPERATING AND CAPITAL IMPROVEMENT BUDGET. (SECOND READING) City of Coconut Creek Page 3 Printed on

5 City Commission Meeting Agenda Final November 13,2014 Attachments: (PUBLIC HEARING) TRIM-Ad Public Works Department A MOTION TO AUTHORIZE PAYMENT OF A CASH BOND TO BROWARD COUNTY IN AN AMOUNT NOT TO EXCEED $500,000 FOR WORK TO BE PERFORMED WITHIN THE COUNTY RIGHT-OF-WAY ON COCONUT CREEK PARKWAY REQUIRED FOR THE NEW FIRE STATION. Utilities and Engineering 13. RES Attachments: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH ATKINS NORTH AMERICA, INC. TO PREPARE THE DESIGN PLANS AND SPECIFICATIONS FOR THE PROPOSED TRAFFIC SIGNAL ON LYONS ROAD AT WINSTON PARK PLAZA AND ST. ANDREWS ENTRANCES. Sustainable Development 14. RES Attachments: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE ATTACHED FIRST AMENDMENT TO THE TEMPORARY USE AGREEMENT BETWEEN THE CITY AND NORTH BROWARD PREPARATORY SCHOOLS, LLC TO PROVIDE FOR REIMBURSEMENT TO THE CITY OF EXPENSES INCURRED BY THE CITY IN PROVIDING PUBLIC SERVICES FOR MODULAR DORMITORIES. 15. ORO AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, City of Coconut Creek Page 4 Printed on

6 City Commission Meeting Agenda Final November 13, 2014 AMENDING ORDINANCE WHICH AMENDED ORDINANCE , WHICH APPROVED THE SITE PLAN REQUEST OF POMPANO IMPORTS INC., FOR THE DEVELOPMENT KNOWN AS THE VILLAGE OF MARBELLA. (SECOND READING) Attachments: FlO ORO RO-Extending Village of Marbella-SUS OEV 16. ORO Attachments: AN ORDINANCE APPROVING THE SPECIAL LAND USE APPLICATION SUBMITTED BY BRIXMOR COCONUT CREEK OWNER, LLC TO ALLOW FOR A LIQUOR STORE AT 4847-A COCONUT CREEK PARKWAY, PURSUANT TO SECTION OF THE LAND DEVELOPMENT CODE. (FIRST READING) (QUASI-JUDICIAL)(PUBLIC HEARING) 17. ORO Attachments: AN ORDINANCE APPROVING THE "CASA GRANDE OF COCONUT CREEK PLAT" TO DEVELOP SIX (6) SINGLE-FAMILY HOME SITES, GENERALLY LOCATED ON THE SOUTH SIDE OF COCONUT CREEK BOULEVARD, EAST OF NW 39TH AVENUE. (FIRST READING) (QUASI-JUDICIAL)(PUBLIC HEARING) City Commission 18. RES A RESOLUTION SUPPORTING THE DEVELOPMENT OF A COMPREHENSIVE CHESS PROGRAM IN BROWARD COUNTY SCHOOLS AND ENCOURAGING THE DEVELOPMENT OF COMMUNITY-BASED CHESS PROGRAMS. Attachments: ADJOURNMENT City of Coconut Creek Page 5 Printed on

7 City Commission Meeting Agenda Final November 13,2014 NOTE: If any person, firm, or corporation decides to appeal any decisions made by the above City Commission with respect to any matter considered at such meeting or hearing, they will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence, if any, upon which the appeal is to be based. (F.S ) In accordance with the Americans with Disabilities Act, any person with a disability who requires assistance to participate in said meeting may contact the City Clerk's Office at at least three (3) days prior to said meeting. City of Coconut Creek Page 6 Printed on

8 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: , Version: 1 AGENDA ITEM REPORT TITLE: A PROCLAMATION FOR CHILDREN'S GRIEF AWARENESS DAY. BACKGROUND: The City of Coconut Creek provides this proclamation annually for Tomorrow's Rainbow, a facility in the City providing healing for grieving children and their families. City of Coconut Creek Page 1 of 1 Printed on 11/5/2014 powered by Legistar

9 WHEREAS, children who have experienced the loss of a loved one, especially a friend or close family member, may carry that loss with them forever as they struggle to understand why their loved one was taken away; WHEREAS, many trained professionals working at dedicated children's grief centers throughout the state offer bereavement counseling to children and their families; WHEREAS, the State of Florida House District 96 has proclaimed November 20,2014, as Children's Grief Awareness Day; WHEREAS, The School Board of Broward County has declared its support of "Children's Grief Awareness Day" and recognized Tomorrow's Rainbow, Inc., as a special place in Coconut Creek for children who have experienced the death of a loved one; WHEREAS, the mission of Tomorrow's Rainbow is to provide grieving children, teens, and their families an emotionally safe environment for hope and healing through guidance, education and support; and WHEREAS, by incorporating miniature horse interactions with therapeutic play areas and facilitated peer support, Tomorrow's Rainbow provides a safe place where children are given the tools necessary to take their own personal grief journey in a way that is meaningful and to feel, for the first time, understood. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Coconut Creek hereby proclaims November 20,2014, as: "CHILDREN'S GRIEF AWARENESS DAY" in the City of Coconut Creek and commends Tomorrow's Rainbow, Inc., for its excellence as a premier resource for grieving children, teens, and their families, and encourages residents to wear blue on November 20 th to raise awareness of and show support for grieving children and the grief centers that serve them. IN WITNESS WHEREOF, we have hereunder set our hands and cause the seal of the City of Coconut Creek to be affixed this 13th day of November 2014

10 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: , Version: 1 AGENDA ITEM REPORT TITLE: A PROCLAMATION FOR JIM WALDMAN DAY. BACKGROUND: This is in celebration and to say thank you for 8 years of public service to the residents of Coconut Creek as a State Representative. City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar

11 WHEREAS, James W. Waldman was elected to the Florida House of Representatives in 2006; WHEREAS, during his tenure with the Florida House of Representatives he has represented both the 95 th ( ) and 96 th ( ) Districts, and served as the Democratic Whip from ; WHEREAS, he was the 2014 Chairman of the Broward Legislative Delegation; WHEREAS, he served as Mayor, Vice Mayor, and Commissioner for the City of Coconut Creek, as well as being appointed to the Planning and Zoning Board; WHEREAS, he is a Democratic Ranking Member of the Regulatory Affairs Committee, the Rules and Calendar Committee, the Select Committee on Gaming, and the State Affairs Committee; WHEREAS, he is involved in multiple organizations including the Coconut Creek Democratic Club and National Conference of Legislators from Gaming States Executive Committee; WHEREAS, he has received numerous awards, including the Florida Association of Counties Exemplary Public Service Award 2014; and WHEREAS, he has filed to run for State Senate in NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Coconut Creek, Florida, hereby proclaims November 13,2014, as "JIM WALDMAN DAY" in the City of Coconut Creek to honor, acknowledge, and recognize his contributions to the residents of Coconut Creek and Broward County and sends best wishes for his future endeavors. IN WITNESS WHEREOF, we have hereunto set our hands and caused the seal of the City of Coconut Creek to be affixed this 13 th day of November 2014

12 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: , Version: 1 AGENDA ITEM REPORT TITLE: A PROCLAMATION FOR KRISTIN JACOBS DAY. BACKGROUND: This is in celebration and to say thank you for sixteen years of public service as the City of Coconut Creek's representative on the Broward County Commission. City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar

13 WHEREAS, Kristin Jacobs has well and faithfully served as a Broward County Commissioner for 16 years, and proudly represented the residents of District 2 in Broward County, which includes Coconut Creek; WHEREAS, she successfully served as Broward County Mayor in 2005 and 2013 and Broward County Vice Mayor in 2004 and 2012; WHEREAS, she is constantly working with the intention of reaching out to neighboring community leaders, cities and counties to forge relationships and collaborations on common goals; WHEREAS, she has been a grassroots activist and advocate for environmental issues and planning for climate change in Broward County and nationwide, including the Clean Water Act; WHEREAS, she is an unparalleled advocate for women and children, and has been dubbed the "mother" of Broward's Living Wage Ordinance; WHEREAS, she is a longtime advocate of light rail and has successfully fought for the passage of Broward's first streetcar, the Wave, and Complete Streets; WHEREAS, she has worked to expand affordable housing, revitalization of neighborhoods, encouraged sustainable development, and is a passionate advocate for making solar energy a viable option for homeowners; WHEREAS, she was appointed to serve on the Obama Administration's National Ocean Council's Governance Coordinating Committee, the nation's first "comprehensive, integrated" group to work on stewardship policies involving oceans, coasts and the Great Lakes; WHEREAS, she has earned a well-known and respected reputation as a visionary, consistently bringing vital issues to the forefront; and WHEREAS, she will continue her public service as the Representative for State House District 96, and will be sworn into office on November 18, NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Coconut Creek, Florida, hereby proclaims November 18, 2014, as "REPRESENTATIVE KRISTIN JACOBS' DAY" in the City of Coconut Creek to honor, acknowledge, and recognize her contributions to the residents of Coconut Creek and Broward County and sends best wishes for her future endeavors. IN WITNESS WHEREOF, we have hereunto set our hands and caused the seal of the City of Coconut Creek to be affixed this 13 th day of November 2014

14 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: , Version: 1 AGENDA ITEM REPORT TITLE: A PROCLAMATION FOR LISA K. ARONSON DAY. BACKGROUND: This is in celebration and to say thank you for six years of public service as a Coconut Creek City Commissioner. City of Coconut Creek Page 1 of 1 Printed on 11/5/2014 powered by Legistar

15 WHEREAS, Lisa Kohner Aronson has been on the Coconut Creek City Commission since May 2008 and is currently serving as Mayor; WHEREAS, she is an active member of the Broward League of Cities Board of Directors, and is currently Second Vice President as well as chair of the League s Ethics Task Force; WHEREAS, she also serves on the Broward County Planning Council and the Broward Water Resources Task Force; WHEREAS, she served as Interim Executive Director of the Broward Legislative Delegation in 2013; WHEREAS, she served as the Executive Director of two Broward County Charter Review Commissions and Executive Director of a Broward County Management and Efficiency Study Commission; WHEREAS, she is a 50 year resident of Broward County and a 12-year resident of District 2; WHEREAS, she is a long time mentor to a group of 30 girls on a monthly basis at Atlantic Technical High School for the Women of Tomorrow organization; WHEREAS, she regularly volunteers for the American Cancer Society s Coconut Creek/Margate Relay for Life, and served as the Committee Chair from ; WHEREAS, she is a candidate for the Broward County Commission, District 2 seat; and WHEREAS, she has well and faithfully served as Coconut Creek City Commissioner, District E. NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Coconut Creek, Florida, hereby proclaims November 17, 2014, as MAYOR LISA K. ARONSON DAY in the City of Coconut Creek to honor, acknowledge, and recognize her contributions to the residents of Coconut Creek and Broward County and sends best wishes for her future endeavors. IN WITNESS WHEREOF, we have hereunto set our hands and caused the seal of the City of Coconut Creek to be affixed This 13 th day of November 2014

16 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: , Version: 1 PRESENTATION ITEM REPORT TITLE: STUDENT ARTWORK RECOGNITION. BACKGROUND: Students from Coconut Creek High School, Monarch High School, and North Broward Preparatory School will be recognized for their exceptional artwork displayed at City Hall. City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar

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18 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: , Version: 1 AGENDA ITEM REPORT TITLE: A MOTION APPROVING MINUTES. BACKGROUND: The following minutes are available for approval: 8/28/14 Workshop Meeting 9/11/14 Workshop Meeting 9/11/14 Regular Meeting 9/15/14 Special Meeting (1 st Budget Hearing) City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar

19 CITY OF COCONUT CREEK CITY COMMISSION MINUTES Government Center 4800 W. Copans Road Coconut Creek, Florida Date: August 28,2014 Time: 6:00 P.M. Workshop Meeting No Mayor Lisa Aronson called the meeting to order at 6:05 p.m. 2. Present upon roll call: Mayor Lisa Aronson Vice Mayor Becky Tooley Commissioner Mikkie Belvedere Commissioner Sandra Welch City Manager Mary Blasi City Attorney Terrill Pyburn City Clerk Leslie May Also present: Assistant to the City Manager Bernadette Hughes, Director of Finance and Administrative Services Karen Brooks, and Community Relations Director Yvonne Lopez. 3. DISCUSSION - FIRE AGREEMENT City Manager Mary Blasi presented the item, summarized the negotiations to date, and recommended a one year extension to the current agreement. She noted that a new fire station would be built within the next year and a central fire station would be built within the next five years. During the negotiations it was realized that several performance standards were not within acceptable limits and would need to be remedied before signing a longer termed agreement. She distributed a graph displaying the gap of coverage in the middle of the City, and pointed out that response times in the City are at 74 percent for responding in 8 minutes or less. Discussion ensued. City Manager Blasi noted for the record that the City of Coconut Creek had no intentions to turn Fire services over to the Broward Sheriff's Office. She summarized the following changes for the one year extension: The City of Margate will provide a special response team of paramedics to deploy with the City's SWAT team. The City will provide fitness memberships at the Community Center for fire personnel working at the adjacent stations. Clarity in Section 9.2 for responsibility within the City stations.

20 -:.':->---- Minutes Workshop Meeting No August 28,2014 Page 2 It The City will provide and retain ownership of any new fire suppression equipment or rescue vehicles for Station 50. Section Section 13.2 states the City will receive a 100 percent of fees collected from within the City. City Manager Blasi said that both the City and the City of Margate are very close to agreeing on Amendment 1 and the extension of the contract for one year. She was reviewing the budget regarding furniture purchase, particularly for Station 94. After discussion, consensus was given by the Commission to lower the contract amount and the City would purchase the furnishings. City Manager Blasi said she would like to have the amendment finalized by Thursday, September 4 and would present it to the Commission at the September 11 Commission meeting. Mayor Aronson expressed concern that the Fire/Rescue unit at the Rowe Center was changed from a three person response to a two person and is now being changed back to three. City Manager Blasi explained that most fire departments have three people on an engine, which is required. Mayor Aronson said the fire contract had increased approximately six percent per year. Her understanding had been that the increases provided cost of living increases to the fire personnel, but she discovered that was not the case. City Attorney Terrill Pyburn advised that the City could address staffing issues, although it might increase the contract, but the City cannot require COLA increases. She suggested that City Manager Blasi could send a letter requesting the COLA increase for the employees. She added that in Article 4 of the current contract, five personnel are required, but it does not state that there must be three personnel on a rescue vehicle. After discussion, it was noted that the language in that section should be clarified. 4. ADJOURNMENT The meeting adjourned at 6:54 p.m. Leslie Wallace May, MMC City Clerk Dated

21 CITY OF COCONUT CREEK CITY COMMISSION MINUTES Government Center 4800 W. Copans Road Coconut Creek, Florida Date: September 11,2014 Time: 6:00 P.M. Workshop Meeting No Mayor Lisa Aronson called the meeting to order at 6:08 p.m. 2. Present upon roll call: Mayor Lisa Aronson Vice Mayor Becky Tooley Commissioner Mikkie Belvedere Commissioner Sandra Welch City Manager Mary Blasi City Attorney Terrill Pyburn City Clerk Leslie May There was Commission consensus to excuse the absence of Commissioner Sarbone. Also in attendance: Assistant to City Manager Bernadette Hughes, Director of Sustainable Development Sheila Rose, City Attorney Terrill Pyburn, and Fire Marshal Rodney Zancanata. 3. DISCUSSION - CREATION OF EDUCATION ADVISORY BOARD City Manager Mary Blasi introduced the discussion on the creation of an Education Advisory Board and explained that Ms. Hughes and Ms. Pyburn would present the makeup and operation of similar boards from other cities. Assistant to the City Manager Bernadette Hughes said that the City of Parkland created their Education Advisory Board by ordinance and the members are appointed by the Commission. There are five members and two alternate members. The description and goals are general for improving education issues. She said the City of Miramar's Education Board consists of nine members, which are segmented by the different school improvement districts in the city. The board is not appointed by the Commission and acts in an advisory capacity regarding education issues. Discussion ensued. Nora Rupert, Broward County School Board member for District 7 joined the meeting at 6:17 p.m. City Attorney Terrill Pyburn said the education board in the City of Delray Beach was created by ordinance and had eleven members including two students. She noted that the specific duties and responsibilities included; monitoring school board activities, serving as

22 Minutes Workshop Meeting No September 11, 2014 Page 2 a liaison between the school board and the city commission, preparing a newsletter providing information for elementary through high school as well as charter and private schools, preparing an annual state of the school presentation; developing recommendations for the city commission who can then address them with the school board, maintaining a continuous public information effort, and identifying grant money for education purposes. She noted that there is an education coordinator in the City of Delray who organizes the board's programs. Ms. Pyburn did recommend starting the program with a smaller board. Vice Mayor Tooley asked about requirements for board members as there are many students in Coconut Creek who live outside of the City. Ms. Pyburn explained that the requirement was to have a connection to the city, either living or owning property, owning a business as the alternative if the child attends school in the city. Discussion ensued. Mayor Aronson spoke briefly that an education foundation would be funded by money received from the Seminole Tribe in the near future if certain Seminole owned property goes into trust, which would be separate from the Education Advisory Board. Although, possibly a member could sit on both boards. City Manager Blasi explained that a separate non-profit organization would be establishing the above referenced education foundation with the City and Seminole Tribe participating in its formation. She noted that it would be at least a year before the Seminole land would be placed into trust and that $250,000 yearly is designated for an education foundation in the mititgation agreement. The funds would be used for grants for schools, reading programs, and college preparatory programs and scholarships. One of the members of the Education Advisory Board could be a member of the foundation. Ms. Rupert was very supportive of an Education Advisory Board and also advised that the City needed to move forward with the third grade literacy goal. She said parents should be involved and there should be a matching grant program established. She said school grade reports could be done by the board as well as other projects, which could possibly include volunteers. There should be established goals to allow for productivity in the board. Commissioner Welch said she had spoken with the City of Delray Beach Commissioners at length regarding their Education Board and its functions. She also attended the City of Coral Springs Education Board, which is a large board. She would like to have the high school students hand selected and have the board appoint a secretary to take notes at the meeting. Commissioner Belvedere was supportive and requested a consensus of all the details on this issue. Vice Mayor Tooley would like to see the schools to name the representatives of the board and would prefer that a commissioner not be appointed to the board. She preferred that it be an eleven member board.

23 Minutes Workshop Meeting No September 11,2014 Page 3 Mayor Aronson would like to have varied backgrounds on the board and felt that business owners should be able to be on the board. She noted that other cities have very active groups who work with the school board and receive positive results. Discussion ensued. Barry Goldsmith, resident, suggested that instead of having PTA parents involved, encourage mainstream parents to become involved. Jeanne Jusevic said the most successful boards are a mix of parents, business owners and community members with a vested interest in education in the community. She suggested a nine or eleven member board with committees who serve under the board, which can assist in effecting change. Ms. Hughes advised she would further research the City of Coral Springs Education Advisory Board as well as other cities. City Manager Blasi suggested for the City Commissioners to complete the questionnaire that was distributed to them and submit it to her. 4. ADJOURNMENT The meeting was adjourned at 7:02 p.m. Leslie Wallace May, MMC City Clerk Dated

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25 CITY OF COCONUT CREEK CITY COMMISSION MINUTES Government Center 4800 W. Copans Road Coconut Creek, Florida Date: September 11, 2014 Time: 7:00 P.M. Regular Meeting No The meeting was called to order by Vice Mayor Tooley at 7:02 p.m. Present upon roll call: Mayor Lisa Aronson Vice Mayor Becky Tooley Commissioner Lou Sarbone - arrived at 7:16 p.m. Commissioner Mikkie Belvedere Commissioner Sandra Welch City Manager Mary Blasi City Attorney Terrill Pyburn City Clerk Leslie May 2. Mayor Aronson announced the Presentation of Colors. She requested a moment of silence for the two American journalists who recently lost their lives due to conflict with ISIS and she led the Pledge of Allegiance. Mayor Aronson relayed a story regarding the bravery of Michael Cologne, an Emergency Medical Technician (EMT) and the Commissioners each made remarks remembering the loss and bravery on Mayor Aronson announced the retirement of Sergeant William Harrison after 29 years of service to the City and read a brief resume on his work. A plaque was presented from the Commission. Police Deputy Chief Greg Lees recognized Sergeant Harrison's family in the audience. 3. PROCLAMATIONS: Mayor Aronson read a proclamation declaring the week of September 15-19, 2014, as "Choose Peace Week" in the City and noted several City school activities for that week, including providing chalk for drawings at the schools. 4. INPUT FROM RESIDENTS OF COCONUT CREEK: THREE (3) MINUTES PER RESIDENT ON NON-AGENDA ITEMS. Bernard S. Cytryn, 2904 Victoria Place #D3, spoke briefly regarding World War II and the Holocaust. 5. CITY MANAGER REPORT City Manager Mary Blasi said that Monday, September 15 at 6 p.m. will be the first public Budget Hearing on the City's Fiscal Year 2015 budget.

26 Minutes Regular Meeting No September 11, 2014 Page 2 6. CITY ATTORNEY REPORT City Attorney Terrill Pyburn said that on Monday, September 8 she attended a medical marijuana panel in the City of Miramar, which was very informative. She also attended a Sober House round table in Boca Raton on Friday, September 5 where there was discussion of amending the joint statement of the Department of Justice and the Department of Housing and Urban Development to address the issue at the Federal level. 7. COMMISSION COMMUNICATIONS Commissioner Welch commended Public Works Director Jim Berkman and Operations Manager Mike Heimbach for their meeting regarding the change of City bus schedules. She noted the previous evening she had attended conversations with the Broward County School Board District, which was hosted by Bob Crawford at Atlantic Technical College. She briefly discussed the meeting. She mentioned that during a family reunion in Southern Illinois she spoke with a retired police chief who noted the area's largest revenue was video gaming. Commissioner Belvedere said she had attended the Metropolitan Planning Organization (MPO) meeting this date. Commissioner Sarbone spoke briefly regarding the Broward School Board discussions. He advised parents to vote for the bond issue, although the City will not be receiving any of those funds. He said he briefly attended the open house meeting for parents at Winston Park Elementary, which was extremely crowded. Many of the parents commented how pleased they were with the school. Vice Mayor Tooley requested that the 9-11 memorial stone be placed in the new fire station when it is completed. She noted that she looks forward to the City developing a 9-11 celebration. Mayor Aronson noted that Lyons Creek Middle School Principal Toomer has received a promotion within the Broward School District and wished him well. She suggested contacting school board members and administrator's regarding the bond issue. She said she had attended the dedication of the Saw Palmetto Natural area north of Hillsboro and encouraged all to visit the preserves. She noted that on Saturday, September 13 there will be a Mayor Chess Challenge at the Museum of Discovery and Science, which she will attend. Commissioner Welch requested that Consent Agenda Item 8B be pulled for discussion. 8. CONSENT AGENDA A. MOTION: TO APPROVE THE MINUTES OF THE 8/12/14 BUDGET WORKSHOP MEETING. C. RESOLUTION NO : AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPLY FOR AND ACCEPT A HIGHWAY BEAUTIFICATION GRANT AND ENTER INTO A HIGHWAY BEAUTIFICATION COUNCIL GRANT, LANDSCAPE CONSTRUCTION, AND MAINTENACE MEMORANDUM AGREEMENT WITH THE

27 Minutes Regular Meeting No September 11,2014 Page 3 FLORIDA DEPARTMENT OF TRANSPORTATION. (PUBLIC WORKS) MOTION: SarbonelTooley - To approve Consent Agenda Items 8A, and 8C. Upon roll call, the motion was passed on a 5-0 vote. B. RESOLUTION NO : AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF COCONUT CREEK FOR PUBLIC TRANSPORTATION SERVICES. (PUBLIC WORKS) MOTION: Welch/Sarbone - To adopt Resolution No Mr. Berkman explained the item noting that this is a one year extension of the contract. Commissioner Welch requested that staff pass a resolution if there is a community bus schedule change affecting more than 10 percent of the population a public hearing is held to notify the residents. Discussion ensued. 9. REGULAR AGENDA Upon roll call, the motion was passed on a 5-0 vote. A. ORDINANCE NO : AMENDING CHAPTER 21, CODE OF ORDINANCES, ENTITLED "PERSONNEL ADMINISTRATION," BY AMENDING SECTION 21-9 OF ARTICLE I "CIVIL SERVICE CODE," AND BY AMENDING SECTION OF ARTICLE II "AT-WILL EMPLOYEES POLICES AND PROCEDURES MANUAL." (FIRST READING) (HUMAN RESOURCES) Ordinance No was read by title by Ms. Pyburn. MOTION: Tooley/Sarbone - To adopt Ordinance No Director of Human Resources Pam Kershaw presented the item. Upon roll call, the motion was passed on a 5-0 vote. B. RESOLUTION NO : AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT FOR MAINTENANCE OF PRESERVE AREAS AND AQUATIC VEGETATION CONTROL SERVICES BETWEEN THE CITY OF COCONUT CREEK AND DEANGELO BROTHERS, INC. D/B/A AQUAGENIX PURSUANT TO RFP NO (PUBLIC WORKS) MOTION: Tooley/Belvedere - To adopt Resolution No Mr. Berkman presented the item. Ms. Pyburn read the Request for Proposal (RFP). Upon roll call, the motion was passed on a 5-0 vote. C. ORDINANCE NO : AMENDING ORDINANCE NO AS AMENDED BY , WHICH APPROVED THE GROVE PARC PLANNED

28 Minutes Regular Meeting No September 11,2014 Page 4 COMMERCE DISTRICT (PCD), AND APPROVING THE MODIFICATION REQUEST OF DANIEL LAMBERT AND JAMES LAMBERT, RELATED TO SITE DESIGN STANDARDS AND PREMITTED USES. (QUASI JUDICIAL) (SECOND READING) (SUSTAINABLE DEVELOPMENT) Ordinance No was read by title by Ms. Pyburn. MOTION: Tooley/Sarbone - To adopt Ordinance No Mayor Aronson requested all speaking on this item be sworn by the court reporter. Director of Sustainable Development Sheila Rose presented the item. Richard Coker, representing the applicant, confirmed there should not be undue construction noise. Ms. Pyburn asked if there were any disclosures by the City Commission. Commissioner Belvedere advised that she visited the gym at Johnson Road and interviewed one of the principals, but not relating to the new construction. Mayor Aronson opened the public hearing. There were no questions or comments, and the public hearing was closed. Upon roll call, the motion was passed on a 5-0 vote. D. ORDINANCE NO : APPROVING THE REZONING REQUEST OF MAROONE MANAGEMENT SERVICES, INC. TO REZONE FROM A PCD (PLANNED COMMERCE DISTRICT) TO A PMDD (PLANNED MAINSTREET DEVELOPMENT DISTRICT), LOCATED AT THE SOUTHEAST CORNER OF NORTH STATE ROAD 7 AND CULLUM ROAD, WITHIN THE CITY'S MAINSTREET PROJECT AREA (MSPA). (FIRST READING) (SUSTAINABLE DEVELOPMENT) (QUASI JUDICIAL) Ordinance No was read by title by Ms. Pyburn. MOTION: Tooley/Belvedere - To adopt Ordinance No Mayor Aronson requested all speaking on this item be sworn by the court reporter. Ms. Rose presented the item and noted that Agenda Items 9D and 9E were companion items. Steven Wherry, Esquire, Greenspoon Marder, on behalf of the applicant, introduced Brad Hodgen of Hodgen Construction and Civil Engineer Jason Gunther. He provided a brief review of the project. Discussion ensued. Mayor Aronson opened the public hearing. There were no questions or comments, and the public hearing was closed. Upon roll call, the motion was passed on a 5-0 vote.

29 Minutes Regular Meeting No September 11,2014 PageS E. ORDINANCE NO : APPROVING THE SITE PLAN REQUEST OF MAROONE MANAGEMENT SERVICES, INC. TO CONSTRUCT A BUILDING AND SERVICE AREA EXPANSION FOR THE MERCEDES BENZ DEALERSHIP LOCATED AT THE SOUTHEAST CORNER OF NORTH STATE ROAD 7 AND CULLUM ROAD, WITHIN THE CITY'S MAINSTREET PROJECT AREA (MSPA). (QUASI JUDICIAL) (FIRST READING) (SUSTAINABLE DEVELOPMENT) Ordinance No was read by title by Ms. Pyburn. MOTION: Tooley/Welch - To adopt Ordinance No It was noted by Ms. Pyburn that there were no disclosures on either item. Mayor Aronson opened the public hearing. There were no questions or comments, and the public hearing was closed. Upon roll call, the motion was passed on a 5-0 vote. F. ORDINANCE NO : APPROVING THE SPECIAL LAND USE APPLICATION SUBMITTED BY AMERCO REAL ESTATE COMPANY TO ALLOW FOR TRUCK/EQUIPMENT RENTAL AS AN ACCESSORY USE LOCATED AT 5431 JOHNSON ROAD, COCONUT CREEK, FL 33073, PURSUANT TO SECTION OF THE LAND DEVELOPMENT CODE. (QUASI JUDICIAL) (FIRST READING) (SUSTAINABLE DEVELOPMENT) Ordinance no was read by title by Ms. Pyburn. MOTION: Tooley/Welch - To adopt Ordinance No Ms. Pyburn confirmed there were no disclosures on this item. Mayor Aronson requested all speaking on this item be sworn by the court reporter. Ms. Rose presented the item, noting the applicant would be providing a brief presentation. David Pollock, applicant, introduced Frank Grau, local company President and Eric Blum, General Manager and gave a brief review of the project. Discussion ensued. Mayor Aronson opened the public hearing. There were no questions or comments, and the public hearing was closed. Upon roll call, the motion was passed on a 5-0 vote. Recess reconvened at 9:00 p.m. G. ORDINANCE NO : APPROVING A TEMPORARY MORATORIUM ON THE SUBMITTAL, PROCESSING, AND ISSUANCE OF LOCAL BUSINESS TAX RECEIPTS AND/OR LAND USE APPROVALS FOR MARIJUANA DISPENSING

30 Minutes Regular Meeting No September 11, 2014 Page 6 ORGANIZATIONSI MEDICAL MARIJUANA TREATMENT CENTERS WITHIN THE CORPORATE AND MUNICIPAL BOUNDARIES OF THE CITY OF COCONUT CREEK FOR A PERIOD OF ONE HUNDRED EIGHTY (180) DAYS FROM THE DATE OF ADOPTION OF THIS ORDINANCE. (FIRST PUBLIC HEARING) (SUSTAINABLE DEVELOPMENT) (QUASI JUDICIAL) Ordinance no was read into title by Ms. Pyburn. MOTION: Tooley/Welch - To adopt Ordinance No Ms. Pyburn gave an overview of the item and noted that it can be extended past the 180 days. The second public hearing will be on September 22. Mayor Aronson stated, for the record, that this was not an action by the City to ban medical marijuana. Mayor Aronson opened the public hearing. There were no questions or comments, and the public hearing was closed. Upon roll call, the motion was passed on a 5-0 vote. H. RESOLUTION NO : AUTHORIZING AMENDMENT NO.1 TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF COCONUT CREEK AND THE CITY OF MARGATE PROVIDING FOR DELIVERY OF EMERGENCY MEDICAL AND FIRE PROTECTION SERVICES DATED OCTOBER 1, 2010 EXTENDING THE TERM FOR ONE (1) YEAR. (CITY MANAGER) Mayor Aronson acknowledged City Of Margate Fire Chief Frank Edwards in the audience and the City's Fire Marshal Rodney Zancanata. MOTION: Tooley/Sarbone - To adopt Resolution No City Manager Blasi reviewed the item. Discussion ensued. 10. ADJOURNMENT Upon roll call, the motion was passed on a 5-0 vote. The meeting was adjourned at 9:19 p.m. Leslie Wallace May, MMC City Clerk Dated

31 CITY OF COCONUT CREEK CITY COMMISSION MINUTES Government Center 4800 W. Copans Road Coconut Creek, Florida Date: September 15,2014 Time: 6:00 P.M. Special Meeting No FIRST PUBLIC HEARING ON FISCAL YEAR 2014/2015 BUDGET 1. The meeting was called to order by Mayor Aronson at 6:07 p.m. Mayor Aronson led the Pledge of Allegiance and requested a moment of silence in memory of the City of Deerfield Beach City Clerk Ada Graham Johnson. 2. Present upon roll call: Mayor Lisa Aronson Vice Mayor Becky Tooley Commissioner Mikkie Belvedere Commissioner Sandra Welch City Manager Mary Blasi City Attorney Terrill Pyburn City Clerk Leslie May The Commission, by consensus, excused the absence of Commissioner Sarbone. 3. RESOLUTION NO : RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF COCONUT CREEK WHICH ESTABLISHES THE RATE OF ASSESSMENT; RE-IMPOSING SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF COCONUT CREEK; APPROVING THE ASSESSMENT ROLL. (PUBLIC HEARING) MOTION: BelvederelWelch - To adopt Resolution No Director of Finance and Administrative Services Karen Brooks presented the item and noted that it establishes the rate for single family residence for solid waste services. The rate will be increased by 2.1 percent to per year. There was brief discussion regarding Republic Services. Mayor Aronson opened the public hearing. There were no questions or comments, and the public hearing was closed. Upon roll call, the motion was passed on a 4-0 vote. 4. RESOLUTION NO : RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF COCONUT CREEK; ESTABLISHING THE RATE OF ASSESSMENT; IMPOSING FIRE PROTECTION SERVICE ASSESSMENTS; AND APPROVING THE ASSESSMENT ROLL. (PUBLIC HEARING)

32 Minutes Special Meeting No September 15,2014 Page 2 MOTION: BelvederelWelch - To adopt Resolution No Ms. Brooks presented the item. Mayor Aronson opened the public hearing. There were no questions or comments, and the public hearing was closed. She thanked City of Margate Fire Chief Frank Edwards and the City's Fire Marshal Rodney Zancanata for being present this evening. Upon roll call, the motion was passed on a 4-0 vote. 5. ORDINANCE NO : ADOPTING THE CITY'S OPERATING PROPERTY TAX AT MILLS FOR THE 2015 FISCAL YEAR. (FIRST READING) (PUBLIC HEARING) Ordinance No was read by title by City Attorney Terrill Pyburn. MOTION: Tooley/Belvedere - To adopt Ordinance No Ms. Brooks presented the item and read a brief statement. Mayor Aronson opened the public hearing. Barry Miller, Family Central, thanked the City Commission for the contribution and support this year. Mayor Aronson advised that additional money had been added to this year's contribution. City Manager Mary Blasi thanked the City Commission on behalf of the employees for the COLA increase and maintaining the performance rate to a maximum of five percent. Ms. Brooks stated that the millage rate would be set at mills and the second ordinance would adopt the budget. Mayor Aronson noted that there would be a decrease in the tax rate of 1.5 percent which balances the 1.5 increase that was seen by those properties with homestead. Commissioner Welch thanked the staff for the excellent budget process and product this year. Mayor Aronson closed the public hearing. Upon roll call, the motion was passed on a 4-0 vote. 6. ORDINANCE NO : ADOPTING THE FISCAL YEAR 2015 OPERATING AND CAPITAL IMPROVEMENT BUDGET AS THE CITY'S OFFICIAL BUDGET AND APPROPRIATING FUNDS FOR OPERATING CITY DEPARTMENTS AND CAPITAL PROJECTS FROM OCTOBER 1, 2014, TO SEPTEMBER 30,2015. (FIRST READING) (PUBLIC HEARING)

33 Minutes Special Meeting No September 15,2014 Page 3 Ordinance No was read by title by Ms. Pyburn. MOTION: Welch/Belvedere - To adopt Ordinance No Mayor Aronson opened the public hearing. Ms. Brooks thanked all of the Department heads for their leadership and support on the budget this year. Mayor Aronson closed the public hearing. 7. ADJOURNMENT Upon roll call, the motion was passed on a 4-0 vote. The meeting was adjourned at 6:30 p.m. Leslie Wallace May, MMC City Clerk Dated

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35 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: RES , Version: 1 AGENDA ITEM REPORT TITLE: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND REPRESENTATIVE KRISTIN JACOBS FOR SPACE IN THE COCONUT CREEK GOVERNMENT CENTER. BACKGROUND: Kristin Jacobs was recently elected as a member of the Florida House of Representatives representing District 95 and she desires to lease office space from the City. DISCUSSION: The City is committed to leasing office space to Representative Kristin Jacobs for a two (2) year period beginning November 5,2014 and ending October 31,2016 and providing for renewal for up to two (2) additional two (2) -year terms with the advanced written approval of the City Manager. The Lease Agreement provides for payment of rent at a rate of two hundred fifty dollars ($250.00) per month. The rent includes utilities, a designated parking space, and cleaning and maintenance services. RECOMMENDATION: Staff recommends approval of this resolution. FISCAL IMPACT: REVENUES: $6,000+ EXPENDITURES: 0 BUDGETED? NOTES: N/A Yes City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar'"

36 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND REPRESENTATIVE KRISTIN JACOBS FOR SPACE IN THE COCONUT CREEK GOVERNMENT CENTER; PROVIDING AN EFFECTIVE DATE. WHEREAS, Kristin Jacobs was recently elected as a member of the Florida House of Representatives representing District 95; and WHEREAS, the City Commission of the City of Coconut Creek desires to lease office space within the City Government Center to Representative Jacobs for a period of two (2) years commencing November 5, 2014, and terminating on October 31, 2016, and provides for renewal for up to two (2) additional two (2) year terms with the advanced written approval of the City Manager. The Lease Agreement provides for payment of rent at a rate of two hundred fifty dollars ($250.00) per month; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the City Manager is hereby authorized to execute a LEASE AGREEMENT between the City and Kristin Jacobs for office space located in the City's Government Center as shown on the attached diagram containing square feet more or less for a period of two (2) years up to two (2) additional two (2) year terms with the advanced written approval of the City Manager. Section 2: That this Resolution shall be in full force and effect immediately upon its passage and adoption. Adopted this day of November, Attest: Lisa K. Aronson, Mayor Leslie Wallace May, MMC City Clerk Aronson Tooley Sarbone Belvedere Welch

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38 LEASE AGREEMENT THIS LEASE AGREEMENT is entered into this day of, 2014, by and between the CITY OF COCONUT CREEK, Florida, a municipal corporation (hereinafter ("CITY") and Kristin Jacobs, member of the Florida House of Representatives (hereinafter "REPRESENTATIVE"). WITNESSETH NOW, THEREFORE, in and for mutual covenants contained herein and for other good and valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: 1. It is the intent of the CITY and the REPRESENTATIVE to provide the REPRESENTATIVE a legislative office at Coconut Creek Government Center. 2. That the CITY does hereby lease to the REPRESENTATIVE and the REPRESENTATIVE does hereby hire and take from the CITY that office space located within the Coconut Creek Government Center, described and set forth in the plan and diagram attached hereto and made a part hereof as Exhibit "A". Said premises is leased specifically and solely for the purposes of providing the REPRESENTATIVE with an office to carry out the duties and responsibilities of representing the electors of Florida House District 95 and for no other purposes or uses whatsoever. 3. The term of the Lease Agreement shall be for a period of two years commencing November 5, 2014 and terminating October 31, Notwithstanding anything herein to the contrary, this lease shall automatically terminate immediately upon the REPRESENTATIVE no longer being a member of the State of Florida Legislature. This may be renewed for up to two (2) additional two (2) year terms with the advanced written approval of the City Manager. 4. That the REPRESENTATIVE shall pay to the CITY rent in the amount of Two Hundred and Fifty Dollars ($250.00) per month for the term of the Lease Agreement. The payment of rent shall be due on the first day of each and every month at the office of the Coconut Creek Finance and Administrative Services Department. Rent shall include all utilities, a designated parking space, and cleaning and maintenance services. Rent shall not include facsimile machines, computers or any other equipment, or telephone equipment or service, which the REPRESENTATIVE shall install and pay for any and all costs, related to the use thereof. 5. Upon termination, the REPRESENTATIVE shall remove all furniture, equipment, telephone equipment, and personal property within ten (10) days of the termination date from the leased premises. All notices for termination, or otherwise, shall be mailed to:

39 CITY OF COCONUT CREEK City Manager 4800 West Copans Road Coconut Creek, Florida REPRESENTATIVE KRISTIN JACOBS 4800 West Copans Road Coconut Creek, Florida That the REPRESENATIVE shall not assign this lease, not sublet the premises or any part thereof, nor use the same or any part thereof, nor permit the same or any part thereof, to be used for any other purpose than as stipulated in Paragraph 2 of this Lease Agreement, nor make any alterations therein, without the written consent of the CITY. 7. That the REPRESENTATIVE shall provide all his own personnel, furnishing, supplies, equipment, and personal property for the leased premises. 8. That all property defined in Paragraph 7, placed or moved into the premises above-described shall be at the risk of the REPRESENTATIVE and the CITY shall not be liable for any theft or damage to said property for any reason, including water or leakage, or from any act of negligence of the CITY, its agents or employees, or of any other reason with regard thereto. 9. That in the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the life of this Lease Agreement, whereby the same shall be rendered untenantable, then the CITY shall have the right to render said premises tenantable by repairs within ninety (90) days there from. In the event said premises is not rendered tenantable within said time, it shall be optional with either party hereto to terminate this Lease Agreement and, in the event of such cancellation, the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced in writing. 10. That the CITY, or any of its agents or employees, shall have the right to enter said premises during all reasonable hours, to examine same and to make such repairs, additions, or alterations as may be deemed necessary for the safety, comfort or preservation thereof, or of said building. 11. That the REPRESENTATIVE hereby accepts the premises in the condition therein at the beginning of this Lease Agreement and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, accepting only reasonable wear and tear arising from the use thereof under this Lease Agreement and to make good to the CITY immediately upon demand, any damage or injury to the premises or that part of the building structure wherein the premises is located. 12. That it is expressly agreed and understood by and between the parties to this Lease Agreement that the CITY shall not be liable for any injury or death resulting to the REPRESENTATIVE, his employees or to any other person entering the City Hall Municipal Complex or the leased premises.

40 13. That the REPRESENTATIVE hereby agrees not to place any signs of any nature upon the leased premises or the City Hall Municipal Complex without the written approval of the City Commission. 14. This leased premise has been designated as a "no-smoking" area. REPRESENTATIVE hereby agrees to continue to designate the leased premises as a no-smoking area. REPRESENTATIVE hereby agrees to abide by all rules and regulations of City Hall as promulgated by the City Manager or the City Commission from time to time. 15. That it is understood and agreed between the parties hereto that time is of the essence of this agreement and this applies to all terms and conditions contained herein. 16. That the rights of the CITY under the foregoing shall be cumulative and failure on the part of the CITY to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights. 17. That the terms contained herein constitute the complete agreement between the parties and any amendments, alterations and/or changes thereto, shall be valid only if approved by the City Commission and in writing, executed by the parties, in equal dignity herewith. CITY OF COCONUT CREEK REPRESENTATIVE KRISTIN JACOBS By Mayor By Kristin Jacobs Attest: Leslie Wallace May, City Clerk Witness for Kristin Jacobs Approved as to legal form and sufficiency: Terrill C. Pyburn, City Attorney City of Coconut Creek \\pdc\data\city attorney\common\documents\agreements\lease agreement-jacobs doc

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42 E X H I BIT "A" OFFICE LEASE AREA STATE REPRESENTATIVE 17'-1" '10'4" ~177:84 SQ, FT. '15'8 9' '142,2 SQ, FT, "

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44 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: RES , Version: 1 AGENDA ITEM REPORT TITLE: A RESOLUTION APPROVING THE POND APPLE PLACE IV CONDOMINIUM ASSOCIATION APPLICATION FOR MATCHING FUNDS FROM THE NEIGHBORHOOD ENHANCEMENT GRANT PROGRAM FOR ENHANCEMENTS TO COMMON AREA BUILDING LIGHTING. BACKGROUND: The applicant, Pond Apple Place IV Condominium Association, is requesting matching funds from the Neighborhood Enhancement Grant Program. The proposed project seeks to enhance the aesthetics of the residential community and is eligible under the beautification category of the Neighborhood Enhancement Grant Program Guidelines. Pond Apple Place IV is generally located at the northeast corner of NW 30 Street and Lyons Road within the Township community. DISCUSSION: The applicant is proposing to enhance the common area building lighting, totaling 355 light fixtures, with enhanced aesthetic quality and energy efficiency. The applicant is requesting up to $7,500 from Neighborhood Enhancement Grant funds and is committed to funding the remainder of the project. In no instance will the grant exceed 50% of the total project cost. RECOMMENDATION: The grant project is a further enhancement of the community and satisfies the standards established in the Neighborhood Enhancement Grant Program. Staff recommends approval of this request. FISCAL IMPACT: REVENUES: EXPENDITURES: BUDGETED? NOTES: $0 $ 7, Yes General Fund account Neighborhood Enhancement Grant. To date, no grants have been approved under the Neighborhood Enhancement Grant Program from the FY Budget. Funds available total $25,000. City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar

45 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA, APPROVING THE POND APPLE PLACE IV CONDOMINIUM ASSOCIATION APPLICATION FOR MATCHING FUNDS FROM THE NEIGHBORHOOD ENHANCEMENT GRANT PROGRAM FOR ENHANCEMENTS TO THE BUILDING LIGHTING; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Coconut Creek has funded a Neighborhood Enhancement Grant Program to provide matching funds for enhancements to the City's neighborhoods and communities; and WHEREAS, the Pond Apple Place IV Condominium Association has applied for $7,500 in matching funds from the Neighborhood Enhancement Grant Program for enhancements to the building lighting in the Pond Apple Place IV village within the Township; and WHEREAS, the Pond Apple Place IV Condominium Association will provide the matching funds for labor and installation; and WHEREAS, the Pond Apple Place IV Condominium Association has agreed to be responsible for maintenance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the City Commission hereby approves the Pond Apple Place IV Condominium Association application for $7,500 in matching funds for building lighting enhancements in the Pond Apple Place IV village within the Township. Section 2: That the Pond Apple Place IV Condominium Association is responsible for providing matching funds for the labor, installation, and maintenance. 1

46 Section 3: upon its passage and adoption. That this Resolution shall be in full force and effect immediately Adopted this day of, ATTEST: Lisa K. Aronson, Mayor Leslie Wallace May, MMC City Clerk Aronson Tooley Sarbone Belvedere Welch SR:mb S:\Oata\Oevelopment Services\Common\Oocuments\PLANNING & ZONING\Project Coordinator\Resolutions\Res827 Pond Apple IV NEG 2014.docx

47 POND APPLE PLACE IV City of Coconut Creek City Commission November 13,2014 Neighborhood Enhancement Grant I :===- Feet o ,000 Map Scale = 1:6,000 (1" = 500') C8C01lUl Crea. 8J.S LT. DCOIlrtmeRl

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49 ,I :":.,... EXISTING ADDRESS LIGHTING PROPOSED ADDRESS LIGHTING

50 PROPOSED EXISTING

51 PROPOSED

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53 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: RES , Version: 1 AGENDA ITEM REPORT TITLE: A RESOLUTION APPROVING A SUPPLEMENTAL AGREEMENT TO THE FIRST AMENDMENT TO THE EDUCATIONAL MITIGATION AGREEMENT BETWEEN THE CITY OF COCONUT CREEK AND THE JOHNS FAMILY PARTNERS, LLP. 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"). The 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 specific per project basis. On October 23,2014, the City approved the First Amendment to the Educational Mitigation Agreement which provided for additional residential units. The Johns Family Partners, LLP, was added as a party to the First Amendment and their allocated residential units were included, in addition to the City, the School Board and Broward County. DISCUSSION: The City is committed to ensuring that the Johns Family Partners, LLP, is entitled to the mitigation of educational impact fees for their 3,750 residential dwelling units included in the Coconut Creek RAC as provided for in the First Amendment to the Educational Mitigation Agreement. RECOMMENDATION: Staff recommends approval. FISCAL IMPACT: N/A City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar

54 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA, APPROVING A SUPPLEMENTAL AGREEMENT TO THE FIRST AMENDMENT TO THE EDUCATIONAL MITIGATION AGREEMENT BETWEEN THE CITY OF COCONUT CREEK AND JOHNS FAMILY PARTNERS, LLP; 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 specific project basis; and WHEREAS, on October 23, 2014, the City Commission approved a First Amendment to the Educational Mitigation Agreement, to add additional residential units and to further change the type and mix of residential units in the MainStreet Area; and WHEREAS, the parties desire to enter into this Supplemental Agreement to the First Amendment in order to reflect that the Johns Family Partners, LLP, is entitled to mitigation of educational impact fees for their 3,750 residential dwelling units added in the Coconut Creek RAC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution.

55 Section 2: The City Commission of the City of Coconut Creek approves the Supplemental Agreement to the First Amendment to the Educational Mitigation Agreement between the City of Coconut Creek, and the Johns Family Partners, LLP. Section 3: The appropriate City Officials are hereby authorized to execute the Supplemental Agreement between the City of Coconut Creek and the Johns Family Partners, LLP (attached hereto as Exhibit "A"). Section 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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. Section 6: This Resolution shall become effective immediately upon its passage and adoption. Adopted this day of, Attest: Lisa K. Aronson, Mayor Leslie Wallace May, MMC City Clerk Aronson Tooley Belvedere Sarbone Welch 2

56 Prepared by and Return to: (enclose selfaddressed stamped envelope) Name: Mark J. Lynn, Esq. Address: Greenspoon Marder P.A. 200 E. Broward Blvd., Ste Fort Lauderdale, FL SPACE ABOVE THIS LINE FOR PROCESSING DATA SUPPLEMENTAL AGREEMENT TO EDUCATIONAL MITIGATION AGREEMENT (Coconut Creek Regional Activity Center) TillS SUPPLEMENTAL AGREEMENT TO EDUCATIONAL MITIGATION AGREEMENT ("Supplemental Agreement") made and entered into by and among: 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 JOHNS FAMILY PARTNERS, LLLP, a Florida limited liability limited partnership "JFP". City and JFP are sometimes referred to hereafter together as the "Parties". RECITALS WHEREAS, the Broward County Board of Commissioners approved Broward County Land Use Amendment PC and Text Amendment PCT 05-9, establishing the "Coconut Creek Regional Activity Center" also known as the "Coconut Creek RAC" in certain property located in City of Coconut Creek and legally described in the aforementioned Amendments (the "Initial Property"), and such Amendments including the allocation of 2,700 residential units to be constructed thereon (the "Initial Property Units"); and WHEREAS, the Broward County Board of Commissioners subsequently approved Broward County Land Use Plan Amendment PCT 10-3, pursuant to which the property owned by JFP and legally described in Exhibit "A" attached hereto and made a part hereof (the "JFP Property"), was added to the Coconut Creek RAC and the density of the Coconut Creek RAC was increased such that an additional 3750 residential dwelling units, as well as 1,625,000 square feet of commercial and 525,000 square feet of office space (collectively, the "JFP Allocations"), were allocated to the Coconut Creek RAC; and

57 WHERAS, pursuant to that certain Educational Mitigation Agreement recorded on June 23, 2006 in Official Records Book 42279, Page 1596 of the Public Records of Broward County, Florida, as modified by First Amendment to Educational Mitigation Agreement recorded in Official Records Book, Page of the Public Records of Broward County, Florida (collectively, the "EM Agreement"), the Initial Property Units and the JFP Property Units together are to be assessed student station cost factor fees in lieu of school impact fees; and WHEREAS, the Parties wish to clarify and confirm that notwithstanding the telms of the EM Agreement or any other governmental requirement, approval or agreement to the contrary (collectively, the "Governmental Agreements"), the JFP Allocations are for the exclusive benefit of JFP and its specifically designated successors and assigns, and for no other party or property. 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 Agreement. 2. Notwithstanding anything in the EM Agreements to the contrary, the Parties do hereby agree and confirm that the JFP Allocations are a covenant running with the JFP Property, for the sole and exclusive benefit of JFP and those successors and assigns specifically identified by JFP in writing, and for the benefit of no other third party or property. 3. This Supplemental Agreement 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. IN WITNESS WHEREOF, the parties have made and executed this First Amendment on the respective dates under each signature: City, signing by and through its City Manager duly authorized to execute same, and JFP by and through its authorized signatory on the _ day of,2014. [THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK WITH SIGNATURE PAGES FOLLOWING.]

58 CITY WITNESSES: CITY OF COCONUT CREEK By: Name: Lisa K. Aronson Print Name: Title: =.!.M=a"'-yo=r _ day of, 2014 Print Name: ATTEST: City Clerk Print Name: Leslie Wallace May APPROVED AS TO FORM: By: Name: Terrill C. Pyburn Title: City Attorney day of, 2014

59 WITNESSES: JOHNS FAMILY PARTNERS, LLLP, a Florida limited liability limited partnership By: Print Name: Name: Title: Print Name: day of -', 2014 STATE OF FLORIDA ) ) COUNTYOFBROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by as of JOHNS FAMILY PARTNERS, LLLP, a Florida limited liability limited partnership. He is personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this day of, Notary Public My Commission Expires: Typed, printed or stamped name of Notary Public

60 EXHIBIT A LEGAL DESCRIPTION OF JFP PROPERTY \\pdc\data\city attorney\common\documents\agreements\suppiement to EMA.doc

61 EXHIBIT A 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 FO THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; AND LESS ALL PREVIOUSLY DEEDED OR DEDICATED ROAD RIGHTS OF WAY.

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63 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: ORD , Version: 1 AGENDA ITEM REPORT TITLE: AN ORDINANCE ADOPTING THE CITY'S OPERATING PROPERTY TAX AT MILLS FOR THE 2015 FISCAL YEAR. (SECOND READING)(PUBLIC HEARING) BACKGROUND: On September 22, 2014 this ordinance approving the FY15 millage rate was passed on second reading. However, the Notice of Proposed Tax Increase ad published in the Sun Sentinel per TRIM requirements had the previous year's tax levy information as shown in the attachment entitled, "TRIM -Ad." Even though the ordinance was correct, TRIM requires that the ad be republished with the updated figures and the second reading of the ordinance with a public hearing be re-voted on. DISCUSSION: This Ordinance will establish the City's operating ad valorem millage rate for the 2014 property tax roll. The millage rate is a 4.65% increase over the roll back rate of computed in accordance with state law and represents a 1.5% decrease of the current rate of The Public Hearing must be held in order to comply with Section , Florida Statutes (commonly known as the TRIM Bill). In order to fully comply with this law, the hearing must be conducted in a manner, which is conducive to input from City residents on the ad valorem rate and any portion of the budget. The meeting should follow the general format shown below. Once the ordinance title is read, the Finance Director will make a brief presentation of the budget process followed to date which must include: 1. The currently proposed millage rate of , the rate proposed when the budget was originally published on July 31 st. The Finance Director will briefly explain that the Notice of Proposed Property Tax included a operating millage rate, representing the current rate; however, during the budget workshop held August 12 th, the proposed budget utilizing a lower rate of was accepted. The Finance Director will also state that the millage rate represents a 4.65% increase over the roll back rate of , but is a 1.5% decrease from the current rate of That the millage rate and budget are tentative and subject to change during this meeting. 3. That the public is encouraged to discuss any portion of the budget or the ad valorem rate. However, we will establish a maximum time for each speaker of approximately three minutes City of Coconut Creek Page 1 of 2 Printed on 11/6/2014 powered by Legistar

64 File #: ORD , Version: 1 in order to insure that all interested parties have the opportunity to be heard. Once these statements are made, the public hearing will be declared open. Anyone in attendance must be given the opportunity to speak on the issue of the budget or ad valorem rate. Once all individual who wish to speak have been heard, the City Commission can, if they desire, amend the budget and/or reduce the ad valorem rate. Prior to closing the public hearing, an announcement must be made that the tentative millage rate for operations is mills. The Finance Director will, again point out that this rate represents a 1.5% decrease of the current rate and a 4.6% increase over the rollback rate. RECOMMENDATION: Staff recommends approval of this Ordinance. City of Coconut Creek Page 2 of2 Printed on 11/6/2014 powered by Legistar

65 .;.,-,,. N TI I The CITY OF COCONUT CREEK has tentatively adopted a measure to increase its property tax levy. A. Initially proposed tax levy... $16,792,301 B. Less tax reductions due to Value Adjustment Board and other assessment changes.,.... $1 0,490 C. Actual property tax levy... $16,781,81 '1 This year's proposed 'tax levy doruado." $11,678~ '1 44 ij;;> i/, /()(~) ~} (J ilf 1-"'7') I 7/' t~ H 7,:> 4"',.,)t- Ic, 1// f; 7 90 J alft;-,. All concerned citizens are invited to attend a public hearing on the tax increase to be held on: Monday, September 22, :0.0 PM At GOVERNMENT CENTER 480'0 West Copans Road Coconut Creek, 3306:~ A FINAL DECISION on the rorolroo~~ea tax increase'. and the budget will this hearing.. r.ji!l

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67 ORDINANCE NO AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF COCONUT CREEK AD VALOREM TAX OPERATING MILLAGE RATE AT MILLS FOR THE 2015 FISCAL YEAR; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Manager of the City of Coconut Creek has estimated expenditures and revenues of said City for the 2015 fiscal year, with detailed information including revenues to be derived from sources other than ad valorem tax levy, and has made recommendations as to the amounts necessary to be appropriated for the ensuing fiscal year; and WHEREAS, the City Commission has received and considered the recommendations of the City Manager and her proposed budget and has determined the amount of available funds on hand, the estimated ad valorem tax necessary to be levied; and WHEREAS, all public hearings as required by law have been held pursuant to notice duly published and the public has been given the opportunity to be heard, and all other requirements have been fulfilled. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That an ad valorem tax operating millage rate of mills ($ per thousand dollars of taxable value) is hereby established and adopted for the 2014 tax year. Section 2: That said operating millage rate represents a 1.5% decrease of the current millage rate of and a 4.65% increase over the roll back millage rate of

68 Section 3: 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 application hereof shall not be thereby affected. Section 4: That all Ordinances or parts of Ordinances in conflict herewith are to the extent of said conflict, hereby repealed. Section 5: That this Ordinance shall become effective immediately upon passage. PASSED FIRST READING THIS 15th DAY OF SEPTEMBER, PASSED SECOND READING THIS 13th DAY OF NOVEMBER, Attest: Lisa K. Aronson, Mayor Leslie Wallace May, MMC City Clerk 1st 2nd Aronson Tooley Sarbone Belvedere Welch Aye Aye Absent Aye Aye S:\Data\Finance\LHoglievina\DocumentslAgenda Items\2013 FINANCE FY14Budget-ORDMiliageRate.doc

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70 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: ORO , Version: 1 AGENDA ITEM REPORT TITLE: AN ORDINANCE ADOPTING THE FISCAL YEAR 2015 OPERATING AND CAPITAL IMPROVEMENT BUDGET. (SECOND READING)(PUBLIC HEARING) BACKGROUND: On September 22,2014 this ordinance approving the FY15 Annual Budget was passed on second reading. However, the Notice of Proposed Tax Increase ad published in the Sun Sentinel per TRIM requirements had the previous year's tax levy information as shown in the attachment entitled, "TRIM -Ad." Even though the ordinance was correct, TRIM requires that the ad be republished with the updated figures and the second reading of the ordinance with a public hearing be re-voted on. DISCUSSION: This Ordinance adopts the Fiscal Year 2015 proposed Operating and Capital Improvement Budget as the City's official budget. It will: 1. Formally appropriate the funds as shown in the proposed budget and includes adding a budget to provide for the receipt of special assessment revenues for the Cullum Road Utility Conversion Special Assessment District. 2. Allow the City to continue the General Trust Fund and automatically amend the budget for financial reporting purposes. 3. Allow the City to continue the Grants Fund and automatically amend the budget for financial reporting purposes. 4. Allow the City to continue the Local and Federal Law Enforcement Trust Funds and automatically amend the budget for financial reporting purposes. 5. Provide authority to appropriate any unspent funds budgeted for the Economic Development Program. RECOMMENDATION: Staff recommends approval of the ordinance. City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar

71 OTI I The CITY OF COCONUT CREEK has tentatively adopted a measure to increase its property tax levy. A. Initially proposed tax levy...,$16,792,301 B. Less tax reductions due to Value Adjustment Board and other assessment cl1ange8... $'10,490 C. Actual property tax levy... $16,781, 3"1'1 This year's proposed tax le"y,,""... $17,678,744 'j):;) il' / () (~)) ~) 0 iff r"" '') I~? I 1;;,; AI 7,::> (d,',.. 1 L b 1// If; olje;'-,. All conce?rned citizens are invited to attend a public hearing on the tax increase to be held on: Monday, September 22, :00 PM At GOVERNMENT CENTER 480'0 West Copans Road. Coconut Creek, FL A FINAL DECISION on the proposed tax: increase" and the budget will this hearing. ' r = _===:;:;!l.)

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73 ORDINANCE NO AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015; DETERMINING THE AMOUNT OF AVAILABLE FUNDS ON HAND AND ESTIMATED REVENUES FOR SAID YEAR; APPROPRIATING THE FUNDS NECESSARY FOR THE OPERATION OF THE CITY FOR SAID YEAR; AUTHORIZING CONTINUATION OF A GENERAL TRUST FUND; AUTHORIZING CONTINUATION OF GRANTS FUNDS; AUTHORIZING CONTINUATION OF LOCAL AND FEDERAL LAW ENFORCEMENT TRUST FUNDS; AUTHORIZING REAPPROPRIATION OF UNSPENT ECONOMIC DEVELOPMENT PROGRAM FUNDS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Manager of the City of Coconut Creek has presented a recommended budget to the City Commission which contains estimates of amounts on hand and revenues to be received and amounts to be appropriated to each of the various departments and capital projects of the City for the 2015 fiscal year; and WHEREAS, the City Commission has received and reviewed said recommended budget and desires to adopt the attached Operating and Capital Improvement Budget as the final budget as amended for the City of Coconut Creek for the 2015 fiscal year; and WHEREAS, all public hearings as required by law have been held pursuant to notice duly published, and the public has been given the opportunity to be heard, and all other requirements have been fulfilled. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the attached Operating and Capital Improvement Budget is hereby adopted as the City of Coconut Creek's final budget for the 2015 fiscal year with

74 the following amendment to provide for the receipt of special assessment revenues for the Cullum Road Utility Conversion Special Assessment District: 2009 Capital Projects Fund Revenues Special Assessments Expenditures Resources Available Increase $1,200,000 Increase $1,200,000 Section 2: That the attached Operating and Capital Improvement Budget establishes the amount of available funds on hand, estimated revenues, and appropriates the funds necessary to operate the government of the City for the 2015 fiscal year. Section 3: That the continuation of a General Trust Fund is hereby authorized with said Fund to be used to receive monies from grants, gifts, and bequests and to disburse monies in accordance with said grant, gift, or bequest without being included in the Operating and Capital Improvement Budget. Section 4: That the continuation of the Grants Funds is hereby authorized with said Funds to be used to receive monies from grants and to disburse monies in accordance with said grant without being included in the Operating and Capital Improvement Budget. Section 5: That the continuation of Local and Federal Trust Funds is hereby authorized with said Funds to be used to receive and expend monies in accordance with State and Federal laws without being included in the Operating and Capital Improvement Budget. Section 6: That for financial reporting purposes, the appropriate fund budgets may be amended to account for activities related to the General Trust Fund, the Grants Funds, and the Local and Federal Law Enforcement Trust Funds.

75 Section 7: That reappropriating any unspent funds budgeted for the Economic Development Program is hereby authorized. Section 8: 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 application hereof shall not be thereby affected. Section 9: That all Ordinances or parts of Ordinances in conflict herewith are to the extent of said conflict, hereby repealed. passage. Section 10: That this Ordinance shall become effective immediately upon PASSED FIRST READING THIS 15 TH DAY OF SEPTEMBER, PASSED SECOND READING THIS 13th DAY OF NOVEMBER, Attest: Lisa K. Aronson, Mayor Leslie Wallace May, MMC City Clerk 1 st 2nd Aronson Tooley Sarbone Belvedere Welch Aye Aye Absent Aye Aye S:\Da!a\Finance\Finance Common\BudgetAgendal!ems\2014 FINANCE FY15Budge! ORDAdoptingBudge!

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77 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: , Version: 1 AGENDA ITEM REPORT TITLE: A MOTION TO AUTHORIZE PAYMENT OF A CASH BOND TO BROWARD COUNTY IN AN AMOUNT NOT TO EXCEED $500,000 FOR WORK TO BE PERFORMED WITHIN THE COUNTY RIGHT-OF-WAY ON COCONUT CREEK PARKWAY REQUIRED FOR THE NEW FIRE STATION. BACKGROUND: A Cash Bond is required by Broward County for the portion of the project that takes place within their right-of-way, including construction of a right turn lane and installation of a traffic signal. The Cash Bond will be held by the County for approximately two years assuming there are no unresolved issues. The City would then receive the bond back less a security release fee. Funding would come from General Fund reserves and be recorded as a Due From Other Governmental Unit in our financial statements. DISCUSSION: The City is committed to ensuring public safety. In order to reduce response times for fire and medical calls, the City Commission approved construction of a new fire station at the corner of Coconut Creek Parkway and NW 45 th Avenue. Construction of the fire station will require the installation of a traffic signal and right turn lane within Broward County's right-of-way on Coconut Creek Parkway. RECOMMENDATION: Staff recommends issuing a Cash Bond for work to be performed as required for the new Fire Station #50. FISCAL IMPACT: REVENUES: $ 0 EXPENDITURES: $ 500,000 BUDGETED? No NOTES: Due From Other Governmental Unit account 01-S Amount of security release fee to be determined. City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar

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79 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: RES , Version: 1 AGENDA ITEM REPORT TITLE: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH ATKINS NORTH AMERICA, INC. TO PREPARE THE DESIGN PLANS AND SPECIFICATIONS FOR THE PROPOSED TRAFFIC SIGNAL ON LYONS ROAD AT WINSTON PARK PLAZA AND ST. ANDREWS ENTRANCES. BACKGROUND: The City previously entered into an Agreement with Atkins North America, Inc. to contract for professional consulting services pursuant to the Competitive Consultant's Negotiations Act ("CCNA") via RFQ# (which was extended by letter through December 31,2014). This resolution provides for an agreement with Atkins North America, Inc. to provide a survey, plans and specifications, as well as structural and geotechnical analyses for the proposed traffic signal at Winston Park Plaza and Lyons Rd. intersection. The median opening on Lyons Road allowing ingress/egress to St. Andrews Apartments and Winston Park Plaza has experienced a high number of traffic incidents. Since these ingresses/egresses are private, Broward County Traffic Engineering Division (BCTED) did not consider the installation of a traffic light. The City is taking the lead in resolving this serious traffic issue by proposing to install a mast arm traffic signal, which will require the involvement and support of the private parties including, but not limited to st. Andrews Management and Winston Park Sections One and Two. DISCUSSION: The City is committed to providing traffic and public safety for its residents and businesses. The proposed signal has met the Manual on Uniform Traffic Control Devices (MUTCD) criteria warrant for installation. It has also been approved by Broward County Traffic Engineering Division (BCTED). Therefore, The City is proceeding with the design, plans and specifications. RECOMMENDATION: Staff recommends awarding a contract to Atkins North America, Inc., to provide said professional services to be completed no later than September 30, 2015 at an estimated cost not to exceed $48, FISCAL IMPACT: REVENUES: 0 EXPENDITURES: $48,104 BUDGETED? Yes NOTES: Streets Fund account New Mast Arm Traffic Signal. City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar

80 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN AGREEMENT WITH ATKINS NORTH AMERICA, INC. FOR PROFESSIONAL SERVICES TO PREPARE THE DESIGN PLANS AND SPECIFICATIONS FOR THE PROPOSED TRAFFIC SIGNAL ON LYONS ROAD AT WINSTON PARK PLAZA AND ST. ANDREWS ENTRANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, a proposed traffic signal by the City on Lyons Road at Winston Park Plaza and St. Andrews entrances has met the Manual on Uniform Traffic Control Devices (MUTCD) criteria warrant for installation and has been approved by Broward County Traffic Engineering Division (BCTED); and WHEREAS, the scope of work will provide for a survey, preparation of plans and specifications, structural and geotechnical analyses; and WHEREAS, City staff recommends that Atkins North America, Inc., a consulting company on the City's rotating list selected through Consultants Competitive Negotiation Act (CCNA) RFQ # (which has been extended by letter until December 31, 2014), be awarded the contract for the design of the Traffic Signal at Winston Park Plaza to be completed by September 30,2015 at an estimated cost not to exceed $48,104.00; and WHEREAS, construction of mast arm signal will be contingent on fund availability and cooperation of involved private parties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the City Commission has reviewed and approves the attached Agreement between the City and Atkins North America, Inc. for the Traffic Signal at Winston Park Plaza (Exhibit "A"). Section 2: That the City Manager or her designee is authorized to execute said Agreement by and between the City of Coconut Creek and Atkins North America, Inc.

81 Section 3: upon its passage and adoption. That this Resolution shall be in full force and effect immediately Adopted this --=-13=-=t"-'.h day of November,2014. Attest: Lisa K. Aronson, Mayor Leslie Wallace May, MMC City Clerk Aronson Tooley Sarbone Belvedere Welch N:\Commision AIR\U&E-RES-Atkins-St.Andrews & Publix Traffic Signal.docx

82 TRAFFIC SIGNAL AT WINSTON PARK PLAZA City of Coconut Creek City Commission November 13, 2014 Traffic Signal Alternative Conditions ~~=====::ItFeet o Map Scale = 1:3,000 (1" = 250') COcollUtCraekGJ.S LT.DllIIanmenl

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84 J\TKINS Scope of Work Publix/St. Andrews at Lyons Road Traffic Signal Design Task 1: Survey This is a "Full Design Survey." The Scope of Services will roughly follow the Florida Department of Transportation's Generic Scope (Issue RRR) as reproduced here but be done with less detail based on the needs of the project. The scope of services shall incorporate all planning l design and miscellaneous services for the preparation of plans, specifications and cost estimate for the traffic signal design and shall incorporate all design and construction support elements included but not limited to the Approval letter of August 8, 2014 from Broward County. FLORIDA DEPARTMENT OF TRANSPORTATION GENERIC SCOPE OF SERVICES RRR PNC-Recover/Establish PN points (Should be placed away from block corners and out of construction limits, if possible.) Control levels-verify/establish elevations on PNC points (Use NAVD88 Datum unless otherwise instructed. Horizontal control will be referenced to NAD83/2007 Datum.) Baseline-Establish IIHistoric Baseline(s)" using all pertinent information. Set Begin and End survey points and at any change in direction, j.e' l PC, PT and angle breaks. Verify Mainline and side street Rights of Way depicting stationing and direction of side street intersections. Depict all Right of Way lines on Right of Way file. Depict all work on private property Topography-locate all improvements within the Rights of Way and on private property as needed along with driveways, curb cuts, ADA ramps, sidewalks servicing adjacent properties, pavement markings, etc. Topography to extend along private streets beyond pavement returns within the limits as shown on the exhibit DTM-Perform in areas of Drainage Surveys noted in Task Cross-Sections (Cross Slope Verification) to be taken at mid-block or no greater than 500 foot intervals along lyons Road and at 50 foot intervals along the private driveways where median changes are anticipated. (Show all breaks). (This will serve as QC for scanning data.) Drainage Survey-Obtain drainage details of all structures Within the limits of the project on public and private property. (Rim and invert elevations, pipe sizes, materials and directions) Miscellaneous Survey-Provide the following Miscellaneous Survey information: October 10, 2014

85 ATKINS Vertical clearance over pavement for all overhead obstructions to include wires, signaling mast arms, bridges and signs. Signaling mast arm data, to include length, measured base diameter, location of all signs and signals supported on the mast arm and vertical clearance under all signs or signals. 8 Location of signs and signals supported on wires over pavement and clearance under all signs or signal heads. 4& Locate signal control boxes north and south. On the north, the first signal control box at the first intersection just south of SR869 and on the south, the first signal control box at the intersection of Lyons Road and Winston Park Boulevard. Survey limits Subsurface utilities within the project area will be mapped and shown on the deliverables for reference only. In addition, we will research and map the right of way via examination of the on-line records of Broward County, but this examination should not be construed as a substitute for a title search. Any legal descriptions needed in order to obtain any temporary or permanent easements for the installation and maintenance of the traffic signal is not included in this scope of work or estimate; this will be addressed separately by the City. The limits of the base mapping will extend 500 feet on either side of the signal location along Lyons Road and 300 feet along the development driveways from the signal location. The Signal design team will verify and supplement the survey data by field measurements, as necessary and set up the base mapping files in order to conduct the signal design. Task 1: Survey Fee $15,574 (Not to Exceed) October 10, 2014

86 ATKINS Task 2: Traffic Signal Design The signal design plans will be prepared in accordance with the Broward County standards, the Florida Department oftransportation (FDOT) standards and the Manual on Uniform Traffic Control Devices (MUTCD). The traffic Signal design will incorporate a mast arm pole design layout in accordance with FDOT mast arm standards and the Broward County preferred signal configuration. The design plans will include a tabulation of quantities sheet, a general notes sheet, signalization and interconnect plan sheets, utility location plan sheet, maintenance oftraffic plan sheet, pavement markings and mast arm tabulation, and other detail sheets, as necessary. The design packet will also include a specifications package and Engineer's cost estimate relating to this project. Interconnection of the proposed signal to adjacent traffic signals at SR 869 and Winston Park Blvd will be added. The design will feature LED signal heads, video detection, emergency pre-emption and overhead street name signs in accordance with FDOT approved materials. In addition, ADA pedestrian accommodations will be reviewed and included where necessary. The plans will be prepared in 11 inch x 17 inch format and will be submitted to the client and the County at the 90% and 100% phases for review and comment. Any fees required by Broward County for the review of the project will be paid to the County directly by the City. Review comments received by the client and Broward County will be incorporated into the plans and written responses to the comments will be provided. A comment resolution meeting will be conducted, if necessary. Final signed and sealed plans as approved by Broward County Traffic Engineering will then be submitted to the client and the County. The traffic signal design will include a full structural analysis per current wind load specifications for the traffic signal poles. The utility companies will be contacted to determine what facilities are located in the area. Information will be requested from the utilities regarding the location and type of facilities that may exist. Utility information obtained will be shown in the plans and the plans disseminated to the various utilities with facilities in the area for review. On site meetings will be held with the utility companies to determine the extent of the effects the proposed work will have on their facilities, as needed. Utility Work Schedules will need to be obtained from any utility having to perform relocations to their facilities to accommodate the proposed work to be performed. Task 2: Traffic Signal Design Fee Signal Design Fee Structural Design Fee $19,030 (Not to Exceed) $3,370 (Not to Exceed) Task 3: Subsurface Utility Excavation (SUE) and Geotechnical Borings Subsurface utility and geotechnical information will be collected as part of this project. The signal design team will determine the locations of the mast arm signal poles and coordinate with the geotechnical and SUE partners to ensure field investigations occur in the appropriate locations. A utility location plan sheet will be prepared to document the utility type, location, depth and size uncovered in this investigation. Utility relocations, to the greatest extent possible, will be avoided on the project. October 10, 2014

87 ATKINS The signal design team will work with the Geotechnical project partner in order to obtain borings at two representative locations to represent the soil conditions for the four mast arm pole locations. A geotechnical report documenting the soil conditions will be prepared and provided. The results of the borings will be incorporated into the ~esign plans a nd utilized for the foundation designs. The items performed under this task by the signal design team include coordinating with the subsurface utility and geotechnical project partners in order to obtain the information needed for the signal design. The fees for the subsurface utility and geotechnical project partners are included in this scope of services and the fee schedule below. Task 3: Subsurface Utility Excavation (SUE) and Geotechnical Borings Fee SUE Fee $3,685 (Not to Exceed) Geotechnical Fee $4,200 (Not to Exceed) Task 4: Post Design Services Support from the Signal Design Team will be available during construction ofthe signal. These services may include the following: \I Assistance during bidding (i.e. answering contractor questions). Shop drawing review. 0& Requests for additional information (relative to the intent of the plans, quantities and specifications). \I Minor plans adjustments resulting from changes in field conditions and/or questions from the signal contractor. Time has been included in the cost estimate for performing a reasonable amount of post design services. Task 4: Post Design Services Fee $1,745 (Not to Exceed) Task 5: Additional Services Services requested beyond these described in Tasks 1 through 4 will be evaluated and a separate cost estimate will be provided to perform the services. The services will only be performed after authorization ofthe additional costs by the client. October 10, 2014

88 ATKINS Fee Schedule The cost for performing the work identified in the scope above is show below. Mast Arm Signal Design Task 1: Survey Task 2: Traffic Signal Design Signal Design Structural Design Task 3: SUE and Geotech SUE Geotech Task 4: Post Design Services Miscellaneous Expenses Total $3,685 $4,200 $1,745 $500 $48,104 (Not to Exceed) The above price shall be considered the total cost for the planning, design and miscellaneous services for the preparation and delivery to the City of Coconut Creek approved plans, specifications and cost estimate by Broward County Traffic Engineering Department. The scope of services shall be completed by no later than September 30,2015. Attachment: August 8,2014 approval letter from Broward County Engineering. October 10, 2014

89 ATKINS ATKINS and the City of Coconut Creek having read and agreed to all of the terms of this Agreement, intending to be fully bound. ATKINS North America 2001 NW 10i h Avenue rida BY: ( DATE: _JtJ_l_s_o~/_'_4 CITY OF COCONUT CREEK 4800 West Copans Road Coconut Creek, Florida BY: (City Manager) DATE: ATTESTED BY: (ATKINS) BY: (City Clerk) DATE: DATE: BY: (ATKINS) APPROVED AS TO FORM BY: (City Attorney) DATE: DATE: October 10, 2014

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91 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: RES , Version: 1 AGENDA ITEM REPORT TITLE: A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE ATTACHED FIRST AMENDMENT TO THE TEMPORARY USE AGREEMENT BETWEEN THE CITY AND NORTH BROWARD PREPARATORY SCHOOLS, LLC TO PROVIDE FOR REIMBURSEMENT TO THE CITY OF EXPENSES INCURRED BY THE CITY IN PROVIDING PUBLIC SERVICES FOR MODULAR DORMITORIES. BACKGROUND: The City Commission approved a Temporary Use Agreement ("Agreement") with North Broward Preparatory Schools, LLC ("NBPS") at its meeting on June 27, The Agreement permitted location of two (2) temporary modular dormitories on its property generally located at 7600 Lyons Road, Coconut Creek, Florida ("Property") for a period of three (3) years, subject to extension upon mutual agreement. In consideration for the City permitting the temporary dormitories, NBPS agreed to file all development applications necessary to construct permanent dormitories on its property in accordance with the schedule contained in the Agreement. To date, NBPS has met the Agreement schedule. Due to the modular dormitory use, demand for public services on NBPS property has increased, and NBPS has agreed to reimburse the City for the increased costs through payment of a Dorm Service Fee. The Dorm Service Fee is retroactive to July, 2013, and is in addition to, and not in lieu of any other payment or obligation owed by NBPS to the City. DISCUSSION: The City is committed to recovering costs incurred in providing additional public services attributable to the location of the dormitories on the NBPS property in the form of a payment in lieu of the fire services fee. The attached Resolution authorizes the City Manager or Designee to execute the First Amendment to the Temporary Use Agreement and provides a mechanism to recoup these costs through the imposition of a Dorm Service Fee. RECOMMENDATION: Staff recommends the approval of the First Amendment to the Temporary Use Agreement. FISCAL IMPACT: REVENUES: $30,452 EXPENDITURES: 0 BUDGETED? Yes NOTES: General Fund revenue account 01-V33970 NB-Payment Other-PILOT. The July July City of Coconut Creek Page 1 of 2 Printed on 11/6/2014 powered by Legistar

92 File #: RES , Version: (FY14) base rate for the Dorm Service Fee is $14, and increases by 4% for each year thereafter of the Agreement or any extension thereof. City of Coconut Creek Page 2 of 2 Printed on 11/6/2014 powered by Legistar

93 RESOLUTION NO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A FIRST AMENDMENT TO THE TEMPORARY USE AGREEMENT BETWEEN THE CITY OF COCONUT CREEK AND NORTH BROWARD PREPARATORY SCHOOLS, LLC TO PROVIDE FOR RECOVERY OF COSTS FOR PUBLIC SERVICES IN THE FORM OF A DORM SERVICE FEE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, on June 27, 2013, the City Commission approved a Temporary Use Agreement ("Agreement") with North Broward Preparatory Schools, LLC ("NBPS") generally located at 7600 Lyons Road, Coconut Creek, Florida ("Property") to permit the location of two (2) temporary modular dormitories on the portion of the Property depicted on the site plan attached hereto as Exhibit "A" for a period of three (3) years; and WHEREAS, in consideration for the City permitting the temporary dormitories, NBPS agreed to file all development applications necessary to construct permanent dormitories on its property in accordance with the schedule contained in the Agreement; and WHEREAS, to date, NBPS has met the construction schedule as set forth in the Agreement; and WHEREAS, due to the modular dormitory use, the demand for public services on NBPS property has increased, and NBPS has agreed to provide for a payment in lieu of the fire services fee in the format of a Dorm Service Fee; and WHEREAS, the Dorm Service Fee is retroactive to July, 2013 when the dormitories were first placed on the NBPS property; and WHEREAS, the base rate for the Dorm Service Fee for 2013 was $14, and it increases by four percent (4%) for each year thereafter that the Agreement is in effect.

94 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 Temporary Use Agreement with North Broward Preparatory Schools, LLC. Section 3: The City Commission authorizes the City Manager or designee to execute the First Amendment to the Temporary Use Agreement with North Broward Preparatory Schools, LLC (attached hereto as Exhibit "B"). Section 4: All Resolutions or parts of Resolutions in conflict herewith are repealed to the extent of such conflict. 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. Section 6: This Resolution shall become effective immediately upon its passage and adoption. Adopted this day of November, Lisa K. Aronson, Mayor Attest: Leslie Wallace May, MMC City Clerk 2

95 Aronson Tooley Belvedere Sarbone Welch 3

96

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99 First Amendment to Temporary Use Agreement This First Amendment IIAmendment lj to the Temporary Use Agreement by and between North Broward Preparatory Schools, LLC, and the City of Coconut Creek dated July 11, 2013 ("Use Agreement lj ) is made and entered into this day of, 2014 by and between NORTH BROWARD PREPARATORY SCHOOLS, LLC, hereinafter referred to as "NBPS IJ and the CITY OF COCONUT CREEK, FLORIDA, hereinafter referred to as "CitylJ. WHEREAS, NBPS owns the property generally located at 7600 Lyons Road, Coconut Creek, FL (the "PropertylJ); and WHEREAS, on June 27, 2013, City, acting through its City Commission, approved the Use Agreement authorizing construction and placement of two (2) temporary modular dormitories on the Property (the "Modular DormslJ); and WHEREAS, the Use Agreement provides for a three (3) year term effective July 11, 2013 through July 11, 2016; and WHEREAS, NBPS and City desire to amend the Use Agreement to provide for payments by NBPS to City during the term of the Use Agreement to compensate City for the cost of public facilities and services including, but not limited to, water, sewer, police, emergency and fire service ("Public Facilities and ServiceslJ) attributable to the Property due to the placement and use of the Modular Dorms on the Property ("Dorm Service FeelJ); and Creek. WHEREAS, this Amendment is in the best interest of the City and citizens of Coconut NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The parties agree that in order to reimburse City for expenses incurred in providing Public Facilities and Services for the Modular Dorms, NBPS shall pay City an annual Dorm Service Fee. Page lof4

100 3. The parties agree that the annual Dorm Service Fee attributable to the Property for the term commencing July 11, 2013 is the sum of Fourteen Thousand Nine Hundred Twenty Seven Dollars and 53/100 ($14,927.53) and that such amount constitutes the "Base Rate" for the Dorm Service Fee for the Property. 4. Effective with the term commencing July 11, 2014 and for each subsequent yearly term thereafter during the term of the Use Agreement or any renewal or extension thereof, the Base Rate for the Dorm Service Fee shall be increased by Four Percent (4%) over the previous year's Dorm Service Fee and thereafter the Base Rate shall be the previous year's Base Rate as adjusted in accordance with this paragraph. 5. NBPS acknowledges that the 2013 Dorm Service Fee in the amount of Fourteen Thousand Nine Hundred Twenty Seven Dollars and 53/100 ($14,927.53) is unpaid, and that the 2014 Dorm Service Fee is currently due in the amount of Fifteen Thousand Five Hundred Twenty Four Dollars and 63/100 ($15,524.63). NBPS agrees to pay the 2013 and 2014 Dorm Service Fees within ten days of the execution of this Amendment by City. NBPS agrees to pay the Dorm Service Fee due for the term commencing July 11, 2015 and any renewal or extension term thereof in advance on before July 11th of each term year. In the event the Use Agreement is terminated prior to the end of its term for any reason, NBPS shall pay City within Thirty (30) days after the termination of the Use Agreement, the prorated portion of the Dorm Service Fee due for the period from July 11 of the previous year through and including the date of termination. 6. Upon expiration or other termination of the Use Agreement, with the exception of any partial payment due as set forth in paragraph 5 above, NBPS's Dorm Service Fee obligation shall automatically terminate. 7. The parties acknowledge and agree that the Dorm Service Fee is in addition to, and not in lieu of, any other payment or obligation owed by NBPS to City for Public Facilities and Services pursuant to any other agreements between the parties or due to City pursuant to any applicable City code. 8. The parties acknowledge that as of the date of the Use Agreement and this Amendment, NBPS is exempt from payment of City's Fire Protection Services Assessments. In the event at any time during the term of the Use Agreement, the Property loses its tax exempt status, the Dorm Service Fee shall terminate as of the date the Property becomes taxable and NBPS shall pay City the prorated Dorm Service Fee due through the date of such termination as provided in paragraph 5 above and Page 2 of 4

101 thereafter the Property shall be subject to all applicable taxes and fees imposed by any governmental body including, but not limited to, City. 9. Except to the extent modified herein, all other terms and conditions of the Use Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment on this day of, Witnesses: North Broward Preparatory Schools, llc By: Printed Name: Printed Name:, Title: Printed Name: CITY SIGNATURE PAGE FOllOWS Page 3 of4

102 Attest: City of Coconut Creek By: Leslie Wallace May, City Clerk Mary C. Blasi, City Manager Approved as to Form: Terrill C. Pyburn, City Attorney Page 4 of4

103 Temporant Use II ~y of Temporary Use Agreement ("Agreement") Is made and entered Into this ---:;;::;rs.~~' 013, by and between NORTH BROWARD PREPARATORY SCHOOLS, LLC, he nafter. sterred to as ~NBPS, II and the CITY OF COCONUT CREEK, Broward County, Florida, hereinafter referred to as "City." WHEREAS, NBPS owns the property generally looated at 7600 Lyons Road, Coconut Creek, FL ("Property"); and WHEREAS, NPBS desires to looate two (2) temporary modular dormitories, (one for 80 student beds and one for 12 student beds, totaling 152 student beds), on the Property a8 depicted on the site plan attaohed hereto as Exhibit "An; and WHEREAS, because the City codes do not provide for a temporary dormitory facility, It Is necessary to enter Into this Agreement; and WHEREAS, this Agreement Is In the best Interest of the City and oltlzens of Cooonut Creek. NOW, THEREFORE, In consideration of the mutual promises hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. The term of this Agreement shall be three (3) years from the effective date. The City and NBPS acknowledge that the Term of this Agreement may be extended upon the mutual written consent of both parties BS provided for herein. 2. CitL~Je_dg~l_JbaLNBE?~.ourrelltJY~ha$ de~lopment applications and permits pending with the City for placement of the temporary modular dormitories on the Property. If Issued by the City, such approvals will be valid for a period not to-exceed three (3) years from the effective date of this Agreement, subject to any extensions that may be agreed to by the parties hereto. 3. As material consideration for entering Into this Agreement, NBPS hereby agrees to ~Ie with City au development and permit applications necessary to receive City approval to construct permanent dormitories on the Property in accordance with the following schedule: a. Within six (6) months of the effective date, NBPS shall submit any required plat and rezoning applications; b. Within eighteen (18) months of the effective date, NBPS shall submit a site plan.. application; o. WIthin thirty (30) months of the effective date, NPBS shall submit building permit applications and obtain a building permit. -1-

104 4. NBPS acknowledges and agrees that it shall diligently pursue, and work in good faith towards obtaining, the approvals noted hereinabove. 5. City acknowledges that the timeframes set forth herein are subject to review and approval periods by Cily personnel, as well as NBPS consultants, and such tlmeframes may be extended upon a showing of good cause. 6. Notwithstanding the foregoing, City acknowledges that, prior to the expiration of the three (3) year term of this Agreement, NBPS may pursue alternatives for housing the students located in the modular dorms other than constructing permanent dormitories on campus. If NBPS elects to pursue such an alternative, ~BPS shall notify City prior to the twenty-fourth (24) month of.thls Agreement that It will remove the modular dormilorles from the Property upon expiration of this Agreement. 7. NBPS agrees that Immediately upon expiration of this Agreement, It shall remove the temporary modular dormitories and restore the Property to a condition satisfactory to the City.. e. In the event NBPS violates any of the terms and conditions of this Agreement, including the agreement to immediately cease use of the temporary modular dormitories at the time required by this Agreement, the parties agree to submit to the jurisdiction of the Special Magistrate upon the City issuing a code enforcement violation to NBPS. NBPS shall be subject to a fine of FIVE HUNDRED DOLLARS ($500) per day, upon a finding and order Issued by the Special Magistrate that shall commence to accrue retroactively to the date of said violation. 9. All of the above provisions shall survive the term of this Agreement and shall not merge and shall thereafter be binding upon the parties. 10. NBPS, Its successors and assigns, shall Indemnify and hold harmless the City of Coconut Creek, from and against any and all claims, damages, losses and expense, Including attorney's fees, and costs. whether Incurred in litigation, appeals, or otherwise, up to and including the United States Supreme Court, arising out of or resulting from the us~ of the temporary modular dormitories under this Agreement or the maintenance thereof, provided that any such claim, damages, loss or expense (1) is attributable to bodily Injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused In whole or In part by any negligent act or omission of NBPS any contractor or subcontractor, anyone directly or indirectly employed by any of them or ~nyone for whose acts any of them may be liable. The Indemnification obligation under this section shall not be limited In any way by any limitation on the amount or type of damages, compensation or benefits payable by or for NBPS, or any contractor or sub-contractor, under worker's compensation acts, disability benefit acts or other employee benefit acts. Nothing In this section shall affect the immunity of the City pursuant to Chapter 76e, Florida 'Statute. -2-

105 11. Any waiver by either party of any breach of any term or condition of this Agreement shall not operate as a waiver of any other breach of such term or condition or of any other term or condition, nor shall any failure to enforce such provision hereof operate as a waiver of such provision or of any other provision hereof, nor constitute nor be deemed a waiver or release of any other party for anything arising out of, connected with, or based upon this Agreement. No waiver shall be binding on a party unless It Is In writing and signed by the party to be bound. 12. This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such parties' preparation of this Agreement. 13. All parties to this Agreement have been represented by their respective counsel. The parties hereto acknowledge having read this Agreement and discussed the terms of this Agreement with their respective counsel and elected officials (in the City of Coconut Creek) and that the app'roval and execution of this Agreement has been made freely and voluntarily with full knowledge of its legal effect. 14. This Agreement shall be binding upon the parties hereto and their successors. 15. In the event it becomes necessary for any reason to Construe this Agreement as permitted by the rules of evidence of the State of Florida, this Agreement will be construed as being jointly prepared and drafted by all parties hereto. Venue, should litigation arise from this agreement, shall be in Broward County, Florida. 16. The Non-Prevailing Party shall be liable to the Prevailing Party for all costs, expenses, attorneys' fees and damages at the trial and appellate levels, up to and Including the U.S. Supreme Court, whion shall be Incurred or sustained by the Prevailing Party by reason of the Non-Prevailing Party's breach of any' of the provisions of this Agreement, whether or not litigation Is involved in any such breach. 17. The Invalidity of anyone or more of the phrases, sentences, clauses, or sections contained In this Agreement shall not affect the validity of the remaining portions of the Agreement so long as the material purpose of this Agreement can be determined and effectuated, 18. 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 of this Agreement and executed by each party hereto. 19. Neither party shall be obligated to perform any duty, requirement or obligation under this Agreement If such performance Is prevented by fire,hurrlcane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil communications, or by reason of any other matter or condition beyond the control of either party, and which cannot be overcome by reasonable diligence and without unusual expense, In no event shall a lack of funds on the part of either party be deemed. force majeure.

106 BY: ~'--~"""'-;$- ~~ Title: ((?E..s I b I rjt Prfnted Name: II 1-1 ce. /i8lliyl It- rj p Baf!.la1'8 S. Price, MMC, City Clerk ~~ PaUI~ NAMCy~lIS'N.S

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108 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: ORD , Version: 1 AGENDA ITEM REPORT 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. (SECOND READING) BACKGROUND: During the first reading of this item, the City Commission approved the request. Subsequent to that meeting and based on discussions with the applicant, Section 3 of Ordinance has been modified for consistency. In addition, a resolution has been reached related to the School Board of Broward County litigation. 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, In addition, a resolution has been reached related to the School Board of Broward County litigation. 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: N/A City of Coconut Creek Page 1 of 1 Printed on 11/5/2014 powered by LegistarTM

109 Il6/ : 24 LAW OFFIOliS MOSKOWITZ, MANDELL, SALIM & SIMOWITZ,P.A. 600 OORPORATe DltlVe $UITE 500 f=oat LAUOElROALG, FLORIDA ~3334 MICHAH W. MOSKOWITZ' SCOTT e. SIMOWITZ CRAW J. MANDELL WllllAIli Q. SALIM, JR." SCOTT M. ZASLAV' AAI J. GLAZER A TODD A. ARMBRUSTER ARTHUR E. LEWI$ IRMA T. BARRloa TARA L, RoseNFe~p GREG H. RoseNTHAL JESSIOA L. PFEFFER'" JOI;lHUA C. KLIGLER JOY Q. HUPPERT BENJAMIN SUNSHINE I3ROWARD (954) BOCA RATON {56l) TElECOPle!\ (!l5<4) Q91-206t [MAIL mmu@mmeslaw.oom OF COUNSe~ SHIRLey P. W/iISMAN, P.A. MIchael W. Moskowitz. mmoskqwltz@mmulaw.(j1ull. I'JlreQt (9S4) ALSO ADMITTED IN NY a. DO' ALSO ADMITTeD IN MA" ALSO ADMITTEO IN NY «OT' ALSO ADMITTED IN NY ALSO ADMITTED IN UAEA A 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, PI 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 RAC. my client, Pompano Impolis, Inc. is seeking a tolling of the running ofits site plan approval. If you will recall Pompano hnports h~ not been able to move forward with the development of its property because, as a condition of approval of the Village of MatheIla 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 a.greement forcing my client to ultimately file suit on Aprl127, That would mean that Pompano Imports bas been working to resolve the School Mitigation Agreement for 5 years and 5 months during which hundreds of thousands of dollars were spent in legal fees.

110 1Q/}6/ :24 October 16,2014 Page 2 There is currently pending a potential resolution of this matter. In view of this history Pompano Imports is seeldng 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, MWMldkd Cc: Terrill Pyburn, Esq.

111 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 1 CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

112 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 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 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 the vesting period provided for in Section 5. June to be known as maximblm '1ested period t\~.'el'le (12) years from the date of this Ordinance. 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 2 CODING: Words in strike throblgh type are deletions from existing test. Words in underscored type are additions in existing test.

113 twelve year 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 following condition: a. The uses as depicted on the site plan shall be vested until November June 12, If a building permit for one of the six principal buildings depicted on said site plan is not issued prior to November Oto 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. 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 23RD DAY OF OCTOBER, PASSED SECOND READING THIS DAY OF, CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

114 Lisa K. Aronson, Mayor ATTEST: Leslie May City Clerk nd Aronson Tooley Sarbone Belvedere Welch AYE AYE AYE AYE AYE SRljw \\pdc\data\agenda\agendas from 20 14\AGENDA REG\SusDev - ord Extending Village of Marbella.docx 4 CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

115 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. 6 CODING: Words in strike through type are deletions from existing test. Words in underscored type are additions in existing test.

116

117 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 "An, "A-i", IIA_2", IIA.. 3". PARCELS lib", ub.1", ", PARCELS IIC", uc.1", "0-2", AND PARCELS jlf" AND jlf-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 2009~96 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 Marbelia 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 strke through type are deletions from existing test. Words in underscored type are additions in existing test.

118 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 5a of Ordinance 2008~16 are hereby amended as follows: Section 3: That notwithstanding any provision of this Ordinance to the contrary, the adoption of this Ordinance by the City Commission hereby vests the speoiflc 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 ffom the.eate of this Ordinance. 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 twelve yeaf!-period shall preclude the issuance of any further building permits for the construotlon 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 periec;j af thirty six (2@) rnenths ffelm final site ~Ian approval by olty Cermnission. If a building permit for one of the six principal buildings depicted on said site plan is not issued prior to June within the thirty six (36) 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 y,nderscored type are additions in existing test.

119 180 days from issuance of said building permit, the site plan shall Bxpire. 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: ~~. sarbir'as:e, MMC City Clerk d~ Lou Sarbone, Mayor r; ~ Sarbone ~sent!l!l. Belvedere Aye ~ Gerber Aye Absent Tooley Aye ~ Aronson Aye ill- 3 CODING: Words in strike th~ol:jgh type are deletions from existing test. Words in underscored type are additions in existing test.

120 EXHIBIT "A" Legal DescrIption: Parcels lin', "A-1", IIA-2", "A-3 II, Parcels "B", "B-1", 118-2", Parcels IIC", "C-1", "Cy2", and Parcels!lFII and "F 1" of Lyons Creek Plat, acoording 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.

121 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 MalnStreet 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 DRe comments shall be addressed by the property owner prior to the issuance of a building permit. CODING: Words in s/({jek through type are deletions from existing text. Words In underscoreg type are additions to existing text. A line of Indicates existing text not shown. 1

122 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 ORe comments shall be addressed by the property owner prior to the issuance of a building permit. Section 3: That notwithstanding any provision of this Ordinance to the contrary, through the adoption of this Ordinancei~ the City Commission hereby vests the specific use.s, densities and intensities shown on the site plan attached as Exhibit 8 for a period that shall in no event exceed of not mofe-t~ s&vefl twelye (12) years from the date of this Ordinance oot withstanding other oonditions-provideei in this Ordinanoe. Thereafter, ai/ said uses. densities. and intensities shall by operation of law be null and void. ~xc~mt for those uses. demsities. and intensities for Which fl building permit has been issued. and remaips valid in accordance with the pmvisions qf 5(b) of this I ordioance. add those buihjings that have been issued a stertificate of occupancy. The expirjl!ion of the twelye year period shall preclude the issuance of any furtber buildlg9 permits for the coi] truction Of fl Dew builging Qursuaot 12 this ite glan. Section 4: a, That any and all uses, densities and intensities granted by this Ordinance shall be vested exclusively to the site plan attached as Exhibit S. 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 sale prerogative of the City based upon the standards set forth in Section of CODING; Words In 8lfu~ type are deletions from existing text. Words In underscoreq type are additions to existing text. A line of Indicates existing text not shown. 2

123 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 modificatiqn bv the City Commission shall immediately vest tbe new uses, 9 Qsities and intensities 10 the new approved sit plan. An application for a Site Plan modification which proposes a redu2tion of in~ensity or density shall. upon approval result in a loss of vestipq equal to the reduction in intensity or density approved by the Site Plan modific,(ation, 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 ~ 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 RIM is not issued within the ~ thirjy-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'nelve (~2) menth extensien of the- site plan a ppro'tla I may be granted by the Development Services Directer provided all applicable planning, bullaffi ; ~g, and engineering regulations in effect at the time-gf the original site plan approval Femain unchar ed. An extension shall only be granted when an applicant has applied for an extension dufing the original effoative period of the site plan and a detorminatien that the projeot development is proceeding with due diligenee has boen made by the Development SeFViGes Director. Gnly one (1) extension shall be permitted. In the event construction does -not continuo 'Nith duo diligenoe, the-devetopmont program shall oxpife upon written notico from tho Gity to Pompano Imports, Ine., OF theif successors. CODING: Words In 8lRJGk.th~ type are deletions from existing text. Words In underscorel~ type are additions to existing text. A line of'" Indicates existing text not shown. 3

124 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 pripcipal bullding and the submittal of an application for a building permit for another of the prjnclpal 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 ub tagtial gonstryction be halted due to fire. hurricane. earthquake. explosion. war, sabotage. acgident. floo~, act of 9gd. riot or civil cgmmotion. pr by reasqp of any oth r matter or condition beyoqd the control of the property Qwner. ~ng Which cannot b oyercom@ b~ reasonable dilig~nce and without upusual expense (/IEpr@ Majeure"),!i!P extension to the site plan yalidity may be granted by the D v~lopment Services Director or the City Magager. for the period of time of the eff ct of the emergency or event. The deoisiog of the DeveloPweoi SelYjces Director or the City Mapage[ is agoealable to the City Commission. In no event shall a lack of fuads on the part of the property owner be deemeg 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 s/f!jek tilr<jygr type are deletions from existing text. Words In ynder cored type are additions to existing text. A line of... indicates existing text not Shown. 4

125 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, $ $368, Section 6: That by the adoption of this Ordinance and the associated site plan. all previous site plans and germits 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. I Section i8: That all ordinances or parts of ordinances in conflict herewith are to the extent of said conflict, hereby repealed. Section 19: That this Ordinance shall be in full force and effect immediately upon its passage and adoption. CODING: Words In strugk IhrolJ{Jh type are delellons from existing text. Words in ynderscoreg type are additions to existing text. A line of... Indicates existing text not shown. 5

126 PASSED FIRST READING THIS 13 th DAY OF.:.o;:M.;;o:ar:.,;:;c... h PASSED SECOND READING THIS 12th DAY OF June,2008, ArrEST: Barbara S. Price, City Clerk Tooley Freund Gerber Sarbone (Vacant ~ Aye Aye 8.ye Aye 2 nd Aye ~ Aye Aye No Vote Aronson see meeting minutes WSS:jh:mb E:IClly AttorneylNCousinslDocumentslDevolopmenl Services\Oowntown Coconut CreeklBMW ChariHlORD VIlIQge of Marbella site plan AMENDED B.doc CODING: Words in struck thro!jg/l type are deletions from exisllng text. Words in underscored type are additions to existing text. A line of indicates existing text not shown. 6

127 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. CODING: Words in ~roogh 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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129 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: ORD , Version: 1 AGENDA ITEM REPORT TITLE: AN ORDINANCE APPROVING THE SPECIAL LAND USE APPLICATION SUBMITTED BY BRIXMOR COCONUT CREEK OWNER, LLC TO ALLOW FOR A LIQUOR STORE AT 4847-A COCONUT CREEK PARKWAY, PURSUANT TO SECTION OF THE LAND DEVELOPMENT CODE. (FIRST READING) (QUASI-JUDICIAL)(PUBLIC HEARING) BACKGROUND: The applicant, William W. Riley, is requesting special land use approval to allow a package liquor store as an accessory use to the existing Publix Supermarket within the multi-tenant plaza known as Coconut Creek Plaza. The plaza is generally located at the northwest corner of Coconut Creek Parkway and Lyons Road. The proposed liquor store will occupy an existing, vacant bay located immediately adjacent to Publix on the east side. DISCUSSION: The proposed liquor store will be approximately 1,926 square feet in size and the applicant intends to sell only packaged goods with no alcohol consumption to take place on site. The proposed liquor store will be serviced by existing security personnel to the Publix Supermarket. The proposed retail hours for alcohol sales shall be limited to Monday through Saturday from 8:00 a.m. to 11 :00 p.m. and on Sunday from 9:00 am to 11 :00 p.m. The applicant requested to remain open until 12:00 midnight and staff has recommended that the hours be limited to coincide with the Publix's grocery store. RECOMMENDATION: The Planning and Zoning Board, at its October 8,2014 meeting, recommended approval of the special land use application. FISCAL IMPACT: N/A City of Coconut Creek Page 1 of 1 Printed on 11/6/2014 powered by Legistar

130 ORDINANCE NO AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, APPROVING THE SPECIAL LAND USE APPLICATION SUBMITTED BY BRIXMOR COCONUT CREEK OWNER, LLC FOR A LIQUOR STORE FOR THE PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, BEING GENERALLY KNOWN AS PARCEL "A" OF COCONUT CREEK PLAZA, ACCORDING TO THE PLAT THEREOF AS FILED IN PLAT BOOK 113, PAGE 12, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; PURSUANT TO THE PROVISIONS OF SECTION 13-35, CITY OF COCONUT CREEK CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE WHEREAS, Brixmor Coconut Creek Owner, LLC has made application for a liquor store for a portion of the property described in Exhibit "A", attached hereto and made a part hereof; and WHEREAS, Section of the City's Land Development Code permits said use as a special land use; and WHEREAS, at its public hearing held on October 8, 2014, the Planning and Zoning Board heard, reviewed and duly considered the reports, findings and recommendations of the City staff, together with the opinions and testimony stated at the public hearing and has recommended approval of this item to the City Commission subject to the following condition: 1. Outstanding DRC comments remain effective throughout the development review process and must be addressed prior to issuance of a building permit; and WHEREAS, the City Commission has determined that the above described special land use is in the best interests of the residents of the City of Coconut Creek and serves a public purpose; 1

131 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the special land use application submitted by Brixmor Coconut Creek Owner, LLC, for a liquor store located at 4847-A Coconut Creek Parkway, Coconut Creek, FL 33063, and more particularly described as Parcel "A" of Coconut Creek Plaza, according to the Plat thereof as filed in Plat Book 113, Page 12, of the Public Records of Broward County, Florida, having been recommended for approval by the Planning and Zoning Board on October 8, 2014, and having been reviewed by the City Commission is hereby approved subject to the following condition: a. Outstanding ORC comments remain effective throughout the development review process and shall be addressed prior to the issuance of a building permit. Section 2: That the final site plans and building plan shall comply with all applicable zoning regulations and building codes. Section 3: That the operation of the liquor store shall be subject to the following conditions: 1. Hours of operation are limited as follows: Monday through Saturday 8:00 a.m :00 p.m. Sunday 9:00 a.m :00 p.m. Section 4: That the City Commission finds and determines that the above described special land use is in the best interests of the residents of the City of Coconut Creek and serves a public purpose. Section 5: 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 6: That all ordinances or parts of ordinances in conflict herewith are to the extent of said conflict, hereby repealed. Section 7: That this Ordinance shall take effect immediately upon its passage and adoption. PASSED FIRST READING THIS DAY OF,

132 PASSED SECOND READING THIS DAY OF, Lisa K. Aronson, Mayor Attest: Leslie May City Clerk Aronson Tooley Sarbone Belvedere Welch WSS:jw S:\Oata\Oevelopment Services\Common\Oocuments\PLANNING & ZONING\Project Coordinator\Ordinances\Ord SLU Publix CCK Plaza,docx

133

134 EXHIBIT "A" Legal Description: Parcel "A" of Coconut Creek Plaza, according to the Plat thereof as filed in Plat Book 113, Page 12, of the Public Records of Broward County, Florida. 4

135

136 Publix Liquor Package Store City of Coconut Creek City Commission November 13,2014 Special Land Use Application

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138 City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Legislation Text File #: ORD , Version: 1 AGENDA ITEM REPORT TITLE: AN ORDINANCE APPROVING THE "CASA GRANDE OF COCONUT CREEK PLAT" TO DEVELOP SIX (6) SINGLE-FAMILY HOME SITES, GENERALLY LOCATED ON THE SOUTH SIDE OF COCONUT CREEK BOULEVARD, EAST OF NW 39 TH AVENUE. (FIRST READING) (QUASI JUDICIAL)(PUBLIC HEARING) BACKGROUND: The applicant, Daniel L. Carnahan, as agent on behalf of the owner, VM Properties of South Florida LLC, is requesting plat approval for the development of six (6) single-family home sites. In 2007, the previous property owner received a land use amendment approval from CF, Community Facility, to Low 3.0, Residential 3 DUlAc. However, the property's owner never proceeded with development activity. Now under new ownership, the necessary steps are being taken to proceed. DISCUSSION: The proposed plat is a 2.0.±. acre parcel located on the south side of Coconut Creek Boulevard and east of NW 39 th Avenue, adjacent to the Broward College campus. The property is currently zoned RS-4, Residential Single Family Detached 4 DUlAc., which is consistent with the surrounding area. Should this application be approved, future homes would require compliance with existing RS-4 zoning design standards. For a plat to be reviewed by the City of Coconut Creek, it shall be prepared in accordance with Florida Statutes Chapter 177 and the City of Coconut Creek Land Development Code, Section , and found to be consistent with Concurrency and Levels of Service Standards of the City of Coconut Creek Land Development Code. The applicant has demonstrated compliance with these requirements. RECOMMENDATION: The Planning and Zoning Board, at its October 8, 2014 meeting, recommended approval of the plat application. FISCAL IMPACT: REVENUES: EXPENDITURES: BUDGETED? Yes $ 10,000 $0 NOTES Park Improvement Impact Fee 31-V32460 City of Coconut Creek Page 1 of 1 Printed on 11/5/2014 powered by Leglstar

139 ORDINANCE NO AN ORDINANCE OF THE CITY OF COCONUT CREEK, FLORIDA, APPROVING THE "CASA GRANDE OF COCONUT CREEK PLAT," LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF, BEING GENERALLY KNOWN AS A PARCEL OF LAND IN SECTION 32, TOWNSHIP 48 SOUTH, RANGE 42 EAST; AUTHORIZING THE APPROPRIATE CITY OFFICALS TO TAKE ANY NECESSARY ACTIONS TO EFFECTUATE SAID APPROVAL AS AUTHORIZED BY THE CITY OF COCONUT CREEK CODE OF ORDINANCES; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the property, VM Properties of South Florida ("Property Owner"), through an application in accordance with Section of the Coconut Creek Code of Ordinances, has requested plat approval for the "Casa Grande of Coconut Creek Plat," legally described in Exhibit "A", being generally known as a parcel of land in Section 32, Township 48 South, Range 42 East; and WHEREAS, the "Casa Grande of Coconut Creek Plat" prepared by Daniel L. Carnahan of Deni Carnahan, Inc. is incorporated herein by reference and made part of this Ordinance as Exhibit "8;" and WHEREAS, the underlying land use is Residential 3 DUlAc (Low 3.0); and WHEREAS, the property is currently zoned RS-4 (Residential Single-Family Detached-4 DUlAc); and WHEREAS, the final plat is consistent with the zoning; and WHEREAS, the plat is prepared in accordance with State of Florida Platting Law, Chapter 177, Florida Statutes; and WHEREAS, a Plat Improvement Engineering Plan has been submitted to the City Engineer for review and has received conceptual approval of cost estimates for public improvement performance guarantees; and WHEREAS, performance guarantees for plat improvements shall be submitted prior to issuance of engineering permits or building permits, whichever occurs first; and 1

140 WHEREAS, at a public hearing held on October 8, 2014, the City's Planning and Zoning Board recommended the approval of said plat to the City Commission; and WHEREAS, the City Commission, after deliberation finds that approval of the "Casa Grande of Coconut Creek Plat" is in the best interest of the citizens of the City of Coconut Creek. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the foregoing recitations are hereby ratified as true and correct, and are incorporated into the plat approval as a condition of said approval by reference. Section 2: That the reports, findings and recommendations of the City staff and the Planning and Zoning Board are hereby incorporated, and all exhibits submitted and facts or opinions stated at the Planning and Zoning Board public hearing have been transmitted and considered by the City Commission. Section 3: That the "Casa Grande of Coconut Creek Plat," legally described in Exhibit "A", being generally known as a parcel of land in Section 32, Township 48 South, Range 42 East, and is hereby approved with the following conditions: a. The plat shall be completed in accordance with Sections , , and (a)(b)(d)(e), Coconut Creek Code of Ordinances. b. The property owner shall be required to execute and obtain the City's approval of a Water and Wastewater Agreement prior to the recordation of the plat in the Public Records of Broward County, Florida consistent with the provision of Section (c), Coconut Creek Code of Ordinances. The aforementioned action shall set forth the terms and conditions of proposed water and wastewater service for the plat. c. Construction estimates shall be submitted to the City Engineering Division. A guarantee in the form of a bond shall be submitted to the City prior to the issuance of engineering permits or building permits. The submission of bonds shall be required prior to the issuance of any engineering and building permits. The Director of Sustainable Development shall require public improvements to be initiated by the owner or assigns with a go-day notice. d. Any modifications to the plat document made within two weeks of the plat recordation shall be made known to the City Engineer by providing engineer 2

141 of record annotation to print copies of the plat. e. Required easements, as identified during the plat review, must be recorded concurrent with the plat recordation. f. Per Section , Code of Ordinances, Land Development Code, Public Sites and Open Spaces, any person who submits a residential plat or part of a plat must dedicate to the City five (5%) percent of the gross area to be platted for use as parks or pay a cash donation equivalent to the land's value. The City Commission hereby approves acceptance of a cash donation in the amount of $10, as the total park impact donation. Section 4: That the "Casa Grande of Coconut Creek Plat" has conformed to the concurrency requirements set forth under Section "Consistency and Concurrency Determination Standards" and said plat is consistent with City/County Comprehensive Plans and Section "Levels of Services" within the City of Coconut Creek Land Development Code. Section 5: That the "Casa Grande of Coconut Creek Plat" is hereby approved subject to conditions, required improvements, and/or obligations as described in Broward County's final Development Review Report for the Plat. The property owner shall provide to the City copies of all County Agreements related to such improvements and obligations upon recordation. Section 6: That VM Properties of South Florida LLC and or their assigns agree to use City franchisees for cable TV, telephone, electric, waste removal, and recycling related to the development and use of the subject property. Section 7: That the appropriate City officials are authorized to sign the face of the plat as necessary. Section 8: That this Ordinance shall be recorded in the Public Records of Broward County, Florida, with the Petitioner to pay the cost thereof and forward a recorded copy and mylar to the City. Section 9: 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 10: That all ordinances or parts of ordinances in conflict herewith are to the extent of said conflict, hereby repealed. 3

142 adoption. Section 11: That this Ordinance shall take effect immediately upon its passage and PASSED FIRST READING THIS DAY OF, PASSED SECOND READING THIS DAY OF, Lisa K. Aronson I Mayor Attest: Leslie May City Clerk Aronson Tooley Sarbone Belvedere Welch WSS:jw S;\Data\Development Services\Common\Documents\PLANNING & ZONING\Project Coordinator\Ordinances\Ord Plat Casa Grande.docx 4

143 EXHIBIT "A" Legal Description: A parcel of land in Section 32, Township 48 South, Range 42 East, being more particularly described as follows: Commencing at the Northwest corner of the Northeast % of said Section 32; thence run South 89 degrees 59'06" (on an assumed bearing) feet along the North line of said Northeast %, to an intersection with the Northerly projection of the centerline of Coconut Creek Boulevard, as shown on the Plat of COCONUT CREEK SIXTH SECTION, as recorded in Plat Book 58, Page 49, Public Records of Broward County, Florida; thence run South 0 degrees 03'20" West feet along said centerline and its successors and/or assigns, as their interest may appear projection, to a point of curvature of a curve to the right; thence along said centerline on the arc of said curve to the right, having a radius of 600 feet and a central angle of 28 degrees 12'40" run Southwesterly feet to point of compound curvature; thence along said centerline of Coconut Creek Boulevard and its successors and/or assigns, as their interest may appear projection on the arc of a curve to the right having a radius of feet and a central angle of 8 degrees 45'00" run Southwesterly feet to a point of tangency; thence run South 37 degrees 01 '00" West feet along the tangent extended to a point of curvature of a curve to the left; thence along the arc of said curve to the left, having a radius of 1375 feet and a central angle of 11 degrees 42'61 ", run Southwesterly feet to a point of tangency; thence run South 25 degrees 18'09" West feet along the tangent extended to appoint of curvature of a curve to the right; thence along the arc of said curve to the right, having a radius of feet and a central angle of 13 degrees 46'23", run Southwesterly feet to a point of tangency; thence run South 39 degrees 04'32" West feet along the tangent extended; thence run South 50 degrees 55'28" East 40 feet to the POINT OF BEGINNING; thence continue South 50 degrees 55'28" East 355 feet; thence run South 39 degrees 04'32" West feet to a point of curvature of a curve to the right; thence along the arc of said curve to the right, having a radius of 1195 feet and a central angle of 12 degrees 18'04", run Southwesterly feet; thence North 38 degrees 37'24" West 355 feet along a line radial to the last described curve to an intersection with the arc of a curve running Northeasterly to the left; thence along the arc of said curve to the left, (the last described course being radial to said curve), having a radius of 840 feet and a central angle of 12 degrees 18'04", run Northeasterly feet to a point of tangency; thence run North 39 degrees 04'32" East feet along the tangent extended to the POINT OF BEGINNING. Said lands situate, lying and being in the City of Coconut Creek, Broward County, Florida. 5

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145 Coso Grande of Coconut Creek City of Coconut Creek City Commission November 13,2014 Plat Application