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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-0851 Temp Reso #10100 — April 7, 2003, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-36^ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICALS TO EXECUTE THE INTERLOCAL AGREEMENT ENTITLED, "INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING BROWARD COUNTY, FLORIDA" BETWEEN THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, BROWARD COUNTY AND VARIOUS MUNICIPALITIES IN ORDER TO COORDINATE LAND USE AND PUBLIC SCHOOL FACILITY PLANNING PURSUANT TO STATE LAW (CASE NO. 7-MI- 03); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1013.33, Florida Statutes requires that the location of public educational facilities be reviewed for consistency with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and WHEREAS, Sections 163.3177(6)(h)(1) and (2), Florida Statutes require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of school boards, and describe the processes for collaborative planning and decision making on population and public school siting; and WHEREAS, Sections 163.31777 and 1013.33 Florida Statutes further require Temp Reso #10100 — April 7, 2003, 2003 Page 2 each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and WHEREAS, the Broward County Charter grants county -wide authority regarding land use plan amendments, plats and certain growth management issues to the Broward County Commission and the Commission has authority over other growth management issues in the unincorporated areas of the county; and WHEREAS, the Municipalities have certain authority regarding local land use plan amendments, rezoning and other growth management issues within their jurisdictional boundaries; and WHEREAS, the School Board, Broward County, and various municipalities recognize their mutual interest for the education, nurture and general well being of the children within their community; and WHEREAS, the School Board has the responsibility to provide school facilities to ensure a free and adequate public education to the residents of Broward County, Florida; and WHEREAS, as the School Board, Broward County, and various municipalities recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely, (1) better coordination of new schools in time and place with land 1 Temp Reso #10100 — April 7, 2003, 2003 Page 3 development, (2) greater efficiency for the School Board and local governments by siting schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating as feasible the construction of new and expanded schools with the road and sidewalk construction programs of the local governments and requiring new or redevelopment projects containing residential developments to construct sidewalks linking the development to schools) located within a reasonable distance from the development, (4) as feasible, locating and designing schools to serve as community focal points, (5) encouraging developers of new or redevelopment projects containing residential units to build pedestrian friendly developments that will link their projects to schools located within a reasonable distance from the development, and (6) to enable greater efficiency and convenience by collocating schools with parks, ball fields, libraries and other community facilities to take advantage of joint use opportunities; and WHEREAS, it is the purpose and intent of the parties to this Interlocal Agreement to permit the School Board, Broward County, and various municipalities to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby accomplish the objectives provided for herein the manner that will best accord with the existing resources available to each of them and with the needs and developments within their respective jurisdiction; and WHEREAS, the City of Tamarac and the School Board enter into this Agreement in fulfillment of the statutory requirement and in recognition of the benefits accruing to their Temp Reso #10100 — April 7, 2003, 2003 Page 4 citizens and students described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, 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. SECTION 2: That the Interlocal Agreement entitled, "Interlocal Agreement for Public School Facility Planning Broward County, Florida" between the School Board of Broward County, Florida, Broward County and various municipalities in order to coordinate land use and public school facility planning pursuant to state law (attached hereto as Exhibit 1 ") is HEREBY APPROVED. SECTION 3: That the appropriate City Officials are hereby authorized to execute the attached Interlocal Agreement between the City of Tamarac and the School Board entitled, "Interlocal Agreement for Public School Facility Planning Broward County, Florida". 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 portions or applications of this Resolution. 1 SECTION 6: adoption. Temp Reso #10100 — April 7, 2003, 2003 Page 5 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 23rd day of April, 2003. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that have approved this RESOLUTION as to form. ITCHELt S. K CITY ATTORP com mdev\u:\pats\u serd ata\wpd ata\res\10100reso 1 C JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISCO DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS EXHIBIT'I" TEMP RESO #10100 INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING BROWARD COUNTY, FLORIDA This agreement (hereinafter referred to as "Agreement") is entered into between The School Board of Broward County, Florida (hereinafter referred to as "School Board"), Broward County, a political subdivision of the State of Florida (hereinafter referred to as "County"); the City Commission or Town Council of the Cities or Towns of Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hollywood, Lauderdale Lakes, Lauderhill, Lazy Lake, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac, Weston and Wilton Manors (hereinafter referred to collectively as "Municipalities"). RECITALS WHEREAS, the School Board, the County and Municipalities recognize their mutual interest for the education, nurture and general well-being of the children within their community; and WHEREAS, the School Board, the County and the Municipalities recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the School Board and local governments by siting schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating as feasible the construction of new and expanded schools with the road and sidewalk construction programs of the local governments and requiring new or redevelopment projects containing residential developments to construct sidewalks linking the development to school(s) located within a reasonable distance from the development, (4) as feasible, locating and designing schools to serve as community focal points, (5) encouraging developers of new or redevelopment projects containing residential units to build pedestrian friendly developments that will link their projects to schools located within a reasonable distance from the development, and (6) to enable greater efficiency and convenience by collocating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities; and WHEREAS, Section 1013.33 Florida Statutes, requires that the location of public educational facilities be reviewed for consistency with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and PRINTED 411103 Page 1 of 45 WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Sections 163.31777 and 1013.33 Florida Statutes, further require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and WHEREAS, the Broward County Charter grants county -wide authority regarding land use plan amendments, plats and certain growth management issues to the Broward County Commission and the Commission has authority over other growth management issues in the unincorporated areas of the county; and WHEREAS, the Municipalities have certain authority regarding local land use plan amendments, rezoning and other growth management issues within their jurisdictional boundaries; and WHEREAS, the School Board has the responsibility to provide school facilities to insure a free and adequate public education to the residents of Broward County; and WHEREAS, the School Board, the County, and the Municipalities enter into this Agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described' above. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency is hereby acknowledged the parties mutually agree that the following procedures will be followed in coordinating land use and public school facilities planning: ARTICLE I RECITALS 1.1 The above recitals are true and correct and are hereby incorporated as a part of this Agreement. ARTICLE II JOINT MEETINGS 2.1 A staff working group comprised of representatives from the School Board, the County and the Municipalities (hereinafter referred to as "Staff Working Group") will at least annually meet to discuss issues and formulate recommendations PRINTED 4/I/03 Page 2 of 45 regarding coordination of land use and school facilities planning, including such issues as population and student projections, development trends, school needs, co -location and joint use opportunities, ancillary infrastructure improvements needed to support the schools and safe student access. The School Board of Broward County Superintendent of Schools, or his designee (hereinafter referred to as "Superintendent") will appoint appropriate staff to attend and participate in the Staff Working Group meetings. The School Board staff shall coordinate and be responsible for scheduling such meeting(s) and providing notification with at least 30 days advance written notice to the appropriate members. Representative(s) from the South Florida Regional Planning Council will also be notified and invited to attend. The joint workshop sessions will also be opportunities for the County, the Municipalities and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding school facilities planning and off site improvements. A written summary report will be issued by the Staff Working Group. The initial meeting of the Staff Working Group shall be held within 60 days from the effective date of this Agreement, upon at least 30 days written advance notice. ARTICLE III STUDENT ENROLLMENT AND POPULATION PROJECTIONS 3.1 In fulfillment of their respective planning duties, the School Board, the County and the Municipalities agree to coordinate and base their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. Countywide five-year population and student enrollment projections shall be revised annually and provided in the subsequent calendar year at the staff working group meeting described in Subsection 2.1. 3.2 The Superintendent shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136 Florida Statutes, where available, as modified by the Superintendent based on development data coordinated with the local governments. The Superintendent may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends. In formulating such a request the Superintendent will coordinate with the County and Municipalities regarding development trends and future population projections. 3.3 The County will continue to provide population projections that will be utilized to verify the geographic distribution of School Board student projections countywide. PRINTED 411103 Page 3 of 45 ARTICLE IV COORDINATING AND SHARING OF INFORMATION 4.1 Tentative District Educational Facilities Plan: Commencing June, 2003 and annually thereafter, the Superintendent shall submit to the County and to each Municipality the tentative District Educational Facilities Plan (hereinafter referred to as the "Tentative Plan") no later than 14 days prior to the anticipated hearing date by the School Board. Upon providing the Tentative Plan to local governments and giving proper notice to the public and opportunity for public comment, the School Board may amend the Tentative Plan to revise the priority of projects, to add, or delete projects, to reflect the impact of change orders, or to reflect the approval of new revenue sources which may become available. The Tentative Plan will be consistent with the requirements of Section 1013.35 Florida Statutes, and include, an inventory of existing school facilities, projected five-year student enrollment projections apportioned by school and geographic area, Florida Inventory of School Housing for each school as approved by the Department of Education, the number of portables in use at each school, the number of portables projected to be in use at each school, five-year capital improvements for pertinent schools, planned new schools, general locations of new schools for the five, ten, and twenty-year time periods, the School District unmet needs and options to reduce the need for additional permanent student stations. The Tentative Plan will also include a financially feasible district facilities work program for a five year period. The County and Municipalities shall review the Tentative Plan and send written comments to the Superintendent within 30 days from receipt of the draft Tentative Plan, on the consistency of the Tentative Plan with the local comprehensive plan, and whether a comprehensive plan amendment will be necessary for any proposed educational facility for consideration prior to the final adoption hearing. 4.2 Information regarding schools scheduled for renovations shall be provided in the tentative District Educational Plan. 4.3 Educational Plant Survey: At least one year prior to preparation of the Educational Plant Survey which is updated every five (5) years, the Staff Working Group established in Subsection 2.1 will assist the Superintendent in preparation of the update. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with the applicable land use plan. 4.4 Growth and Development Trends: Commencing September, 2003 and annually thereafter, the County in conjunction with the Municipalities will use their respective best efforts to provide the Superintendent with a report on growth and development trends within their jurisdiction. This report maybe in tabular and/or PRINTED 411103 Page 4 of 45 graphic, and textual formats and include, but not be limited to the following information, if available: (a) The total number of ongoing and remaining residential development units, plat name and number, subdivision name, type and number of bedrooms; (b) The total number of certificate of occupancy (CO's) issued to date for each ongoing or remaining residential development units by plat name and number, subdivision name, type and number of bedrooms; (c) The projected phasing of the CO's issued for each ongoing or remaining residential development units for the remaining portion of the year, and by year for the next five years by plat name and number, subdivision name, type and number of bedroom; (d) The projected development or potential redevelopment of vacant or other developed land; (e) Residential properties undergoing plat review by plat name and number; (f) Information regarding the conversion or redevelopment of housing or other structures into residential units likely to generate new students; and (g) The identification of any development order(s) issued which contain a requirement for the provision of a school site as a condition of development approval. 4.5 No later than the 15th of each month, the County will provide by correspondence to the Superintendent, the list of all residential plat(s) granted approval by the Broward County Commission during that preceding month. At a minimum, the information shall contain the plat name, plat number, residential type and number of units. If no plat was approved during the month, the County will send correspondence indicating so. 4.6 No later than 15 days after the approval of any land use plan amendment(s), the County will provide by correspondence to the Superintendent, the list of land use plan amendment(s) adopted by the Broward County Commission. At a minimum, the information shall contain the amendment number, residential type and number of residential units if applicable. If no land use plan amendment was adopted during the month, the County will send correspondence indicating so. ARTICLE V SCHOOL SITE SELECTION, SIGNIFICANT RENOVATIONS, AND POTENTIAL SCHOOL CLOSURES 5.1 School Board staff will review potential sites for new schools and proposals for potential closure of existing schools and significant renovations consistent with School Board Policy 5000, as may be amended from time to time. The recommendations will be included in the District Educational Facilities Plan. PRINTED 411103 Page 5 of 45 5.2 When the need for a new school is identified in the District Educational Facilities Plan, the Superintendent's Site Review Committee (hereinafter referred to as the "Site Review Committee") will consider a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified in the District Educational Facilities Plan for significant renovation and potential closure will be submitted to the local government with jurisdiction for an informal assessment regarding consistency with the local government comprehensive plan, including, as applicable: environmental suitability, transportation and pedestrian access, availability of infrastructure and services, safety concerns, land use compatibility and other relevant issues. Based on the information gathered during this review for new schools the Site Review Committee will make a recommendation to the Superintendent of one or more sites in order of preference. For those purposes specified in this Article V, the School Board shall amend School Board Policy 7000 to provide for the membership of the Site Review Committee referenced therein. It shall identify the members and how they shall be appointed. In addition to the current representatives from the South Florida Regional Planning Council and Broward County, the Site Review Committee shall include at least one (1) member who shall be appointed by the Municipalities (additional members may be appointed at the Superintendent's discretion) and at least one (1) "floating member" designated by the city manager or administrator of the affected local governments in which the new school facility may be located. For the purposes of this subsection, a floating member from the affected local governments shall be defined as the local government jurisdiction in which the proposed school facility will be located, or significant renovations or school closures may occur. 5.3 In addition to existing criteria utilized by the Site Review Committee and in conformance to pertinent School Board Policy (as may be amended from time to time) regarding the selection of new school sites and school closures, the Superintendent will coordinate information regarding site plans for proposed new schools with the affected local governments in accordance with Sections 1013.33, 1013.36 and other applicable portions of Section 1013, Florida Statutes. 5.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the Superintendent shall provide written notice to the local government with jurisdiction over the use of the land. The local government, upon receipt of this notice, shall notify the Superintendent within 45 days if the proposed new school site is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local governrent's determination of consistency pursuant to Section 1013.33(12), Florida Statutes. PRINTED 4/7/03 Page 6 of 45 ARTICLE VI SUPPORTING INFRASTRUCTURE 6.1 In conjunction with the preliminary consistency determination described at Subsection 5.4 of this Agreement, the School Board and affected local governments will jointly determine the need for and timing of on -site and off -site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement, or amend a current agreement, if applicable, to be consistent with this Agreement as to the timing, location, and the party or parties responsible for funding, constructing, operating and maintaining the required improvements. ARTICLE VII LOCAL PLANNING AGENCY, COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS 7.1 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time to time, the School Board shall appoint a School District staff member(s) to be its representative on the County and each respective Municipality's local planning agency. Notification of the staff member's name, title and address shall be submitted in a timely manner to the applicable local planning agency. 7.2 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time to time, the County, or Municipalities will include the representative appointed by the School Board to serve on its local planning agency, or equivalent agency and the representative will have the opportunity to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density for the property that is the subject of the application. When available, the School Board representative shall attend and participate in local planning agency meetings at which residential density could increase. The County or Municipalities may at its discretion grant voting status to the School Board representative. 7.3 As a part of its development review process, the County and Municipalities agree to provide a copy of rezoning and comprehensive plan amendment applications that could increase residential density to the Superintendent. At a minimum, the information provided shall include the name of the applicant, current and proposed use, existing permitted and proposed and type of units, acreage, general location map and section, township and range and the anticipated date the local planning agency may consider this item if such date is determined at the time the information is provided. The County or Municipalities shall provide the deadline for receiving comments from the Superintendent, however, the time provided to PRINTED 411103 Page 7 of 45 the Superintendent for submitting such comments shall be no less than twenty-one (21) days and no greater than thirty (30) days from the date the information is provided to the Superintendent. If no deadline is provided together with the information, then the Superintendent shall provide comments no later than thirty (30) days after receipt of the information. Further, the County or Municipalities will notify in writing to the Superintendent when the application receives final approval from the governing body. 7.4 The School Board shall continue to participate in the Broward County land use plan amendment review process through its Broward County Planning Council appointed member. 7.5 The School Board shall continue to participate through staff review in the Broward County plat, site plan, vacation petition and other pertinent development applications review process and participate as necessary on other growth management issues. 7.6 The County and the Municipalities agree to notify the Superintendent of proposed land use applications, amendments to the comprehensive plan future land use map, rezonings, developments of regional impact, and other residential or mixed - use development projects with a residential component pending before them that may affect student enrollment, enrollment projections, or school facilities. Such notice shall be provided to the Superintendent at the same time as notice is provided to the public for the applications under the provisions of the County Code or City Ordinances. 7.7 The written comments provided by the Superintendent to the County and Municipalities regarding rezoning, comprehensive plan amendments, plats, and other residential or mixed use projects with a residential component will advise the local government of the student impacts anticipated to result from the development proposal, the capacity status of the schools(s) and the planned capacity improvement(s) and alternatives available. School capacity will be reported consistent with Department of Education, Florida Inventory of School Houses. 7.8 If sufficient capacity is not available or anticipated in the District Educational Facilities Plan to serve the development the School Board, local government, and developer may use their best efforts to collaboratively develop options that aim to provide the capacity to accommodate new students. 7.9 In reviewing and approving comprehensive plan amendments and rezonings the County and Municipalities may consider the following issues consistent with applicable governmental codes and comprehensive plans in addition to such other criteria as may be applicable or appropriate: (a) School Board comments provided pursuant to Chapters 163 and 1013, Florida Statutes which may include, but not be limited to: PRINTED 4/1/03 Page 8 of 45 (i) Available school capacity or planned improvements to increase school capacity; (ii) The provision of school sites and facilities within planned neighborhoods; (iii) Compatibility of land uses adjacent to existing schools and reserved school sites; (iv) The collocation of parks, recreation and neighborhood facilities with school sites; (v) The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; (vi) Traffic circulation plans which serve schools and the surrounding neighborhood; (vii) The provision of off -site signalization, signage, access improvements, and sidewalks to serve schools; (viii) The inclusion of school bus stops and turnarounds; and (ix) The installation of appropriate buffers such as, but not limited to, a solid fence or concrete wall, solid hedges or increased setbacks that will ensure compatibility with the adjacent school for any new development that will be located adjacent to an existing school or an identified future school. 7.10 In formulating community development plans and programs that may affect public school facilities, the County and Municipalities will provide notice to the Superintendent concerning any workshop or regular meetings which relate to such community development plans and programs and will invite the Superintendent's submission of comments and participation at such meetings. ARTICLE VIII COLLOCATION AND SHARED USE 8.1 Collocation and shared use of facilities are important to both the School Board and local governments. In accordance with pertinent School Board growth management policy, the School Board will look for opportunities to collocate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, collocation and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for collocation and shared use with public schools will be considered for libraries, parks, recreation facilities, community centers, PRINTED 411103 Page 9 of 45 auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, collocation and shared use of school and governmental facilities for health care and social services will be considered. 8.2 A separate agreement will be developed for each instance of collocation and shared use which addresses, but is not limited to, legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from collocation and shared use once constructed. ARTICLE IX RESOLUTION OF DISPUTES 9.1 If the parties to this Agreement are unable to resolve any issue in which they may be in disagreement covered in this Agreement, such dispute will be resolved in the following manner: (a) First, the disputing parties will meet together through their respective county or municipal manager or administrator and the Superintendent or their respective designee; (b) If the disputing parties are still unable to resolve the dispute, the disputing parties agree to further attempt to resolve the dispute in accordance with governmental conflict resolution procedures specified in Chapter 164 or 186, Florida Statutes or such other processes deemed mutually agreeable and appropriate by the parties involved. ARTICLE X OVERSIGHT PROCESS 10.1 The School Board, the County and the Municipalities shall each appoint up to five members to serve on a fifteen (15) member committee to monitor the implementation of this Agreement. Committee members shall be notified in writing and advised of the meetings referenced in Article II and shall receive copies of all pertinent reports and documents produced pursuant to this Agreement. The Superintendent shall organize and staff the meetings of this Committee, utilizing the Staff Working Group for assistance as needed. The Committee shall appoint a chairperson, meet at least annually and report to participating local governments, the School Board, the County and the general public on the effectiveness with which this Agreement is being implemented. The Chairperson of the Committee shall preside over the meeting and within 30 days generate a report regarding successes and failures regarding implementation of the interlocal agreement during the preceding calendar year. The Committee meeting regarding review of the interlocal agreement shall be conducted as a public meeting advertised to provide opportunity for public participation. PRINTED 4/1/03 Page 10 of 45 10.2 For purposes of selecting the five appointed Municipal members, the Municipalities will appoint the five representatives through a process deemed mutually agreeable and appropriate by those Municipalities who are a party to this Agreement. ARTICLE XI EFFECTIVE DATE AND TERM 11.1 This Agreement shall become effective upon the signatures of the School Board and the County and shall remain in full force and effect for a period of five (5) years from the effective date. The joinder by each Municipality shall make the agreement effective as to that respective Municipality. This Agreement may be earlier cancelled by mutual agreement of the School Board, or the County or the respective Municipalities, unless otherwise cancelled as provided or allowed by law. 11.2 This Agreement may be extended upon the mutual consent of the parties to this Agreement for one additional five (5) year term, conditioned upon the same terms and conditions as contained herein, provided that the party seeking an extension provides written notice to the other parties of such intent to extend no later than one (1) year prior to the expiration of the then current term, and the other parties agree in writing to such extension. The one additional five year extension term shall be valid only to those parties who consented in writing thereto, and shall not be conditioned upon the consent of all original parties hereto. ARTICLE XII MISCELLANEOUS 12.1 Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all other agreements concerning the subject matter contained herein. Any amendments to this Agreement shall be in writing and executed by each respective party. Notwithstanding the foregoing, the parties hereto agree and acknowledge that this Agreement is not intended to usurp or modify the authority, rights, or obligations of the School Board, County or Municipalities as such may be provided elsewhere by law. 12.2 Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, unlawful, void or unenforceable with respect to any party hereto, the remainder of this Agreement or the application of such provisions to a party other than those to whom is held invalid, illegal, unlawful, void or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law as if such invalid, illegal unlawful, unenforceable or void provision had never been included herein. PRINTED 411103 Page 11 of 45 12.3 Notices. All notices or other communications (other than notices for meetings as provided for elsewhere in this Agreement) which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service or by certified mail addressed to the parties at their respective addresses as specified in Exhibit "A", attached hereto and made a part hereof. Any party may from time to time designate any other address for this purpose by written notice to the parties hereto. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 12.4 Governing Law. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida. 12.5 Headings. The captions, section numbers, article numbers, title and headings appearing in this Agreement are inserted only for convenience and in no way define, limit, construe or describe the scope or intent of such articles or sections of this Agreement, nor in any way effect this Agreement and shall not be construed to create a conflict with the provisions of this Agreement. 12.6 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 12.7 Supplementary Agreements. All parties to this Agreement stipulate that the School Board may enter into Supplementary Agreements with individual municipalities to address individual circumstances. Any such Supplementary Agreement shall not be inconsistent with this Agreement. 12.8 Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 12.9 Indemnification. Each party agrees to be fully responsible for its acts of negligence, or its agent's acts of negligence when acting within the scope of their employment and agrees to be liable for any damages resulting from said negligence. 12.10 No Waiver of Sovereign immunity. Nothing contained in this Agreement is intended to serve as a waiver of sovereign immunity by any agency to which sovereign immunity may be applicable. 12.11 No Third Party Beneficiaries. The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Agreement. None of the parties intend to directly or substantially benefit a third party by this Agreement. The parties agree that there PRINTED 4AI03 Page 12 of 45 are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against any of the parties based upon this Agreement. Nothing herein shall be construed as consent by any agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 12.12 Non -Discrimination. The parties shall not discriminate against any employee or participant in the performance of the duties, responsibilities and obligations under this Agreement because of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. 12.13 Records. Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. IN WITNESS WHEREOF, this Interlocal Agreement has been executed on the respective dates under each signature by and on behalf of Broward County, each of the respective Municipalities and the School Board of Broward County, Florida on this day of 92003. [REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SIGNATURE PAGES FOLLOW.] PRINTED 411103 Page 13 of 45 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA Lois Wexler, School Board Chair ATTEST: Franklin L. Till, Superintendent of Schools (CORPORATE SEAL) State of Florida, Broward County WITNESS my hand and official seal this Print Name My Commission Expires: Approved as to form: day of Witness as to all Signatories Print Name Witness as to all Signatories Print Name (AFFIX NOTARY SEAL) Edward J. Marko, School Board Attorney PRINTED 411103 Page 14 of 45 BROWARD COUNTY through its Mayor, authorized to execute same by Board action on the day of , 2003. ATTEST: Broward County Administrator, as Ex-officio Clerk of the Broward County Board of County Commissioners BROWARD COUNTY, by and through its BOARD OF COUNTY COMMISSIONERS in Diana Wasserman Rubin, Mayor Day of 001110 Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 an Assistant County Attorney PRINTED 411103 Page 15 of 45 CITY OF COCONUT CREEK through its Mayor, authorized to execute same by Commission action on the _day of , 2003. (CITY SEAL) ATTEST: Barbara S. Price, CMC City Clerk APPROVED AS TO LEGAL FORM: CITY ATTORNEY CITY OF COCONUT CREEK a Florida municipal corporation I: John P. Kelly, City Manager PRINTED 411103 Page 16 of 45 CITY OF COOPER CITY through its Mayor, authorized to execute same by Commission action on the —day of , 2003. ATTEST: Um Susan Bernard, City Clerk CITY OF COOPER CITY, FLORIDA Suellen H. Fardelmann, Mayor Day of , 2003. APPORVED AS TO FORM: Alan Francis Ruf, City Attorney PRINTED 4/1103 Page 17 of 45 CITY OF CORAL SPRINGS through its Mayor, authorized to execute same by Commission action on the _day of , 2003. ATTEST: Peter Richardson, City Clerk CITY OF CORAL SPRINGS, a Municipal corporation organized and existing under the laws of the State of Florida John Sommerer, Mayor Day of 12003 APPROVED AS TO FORM: Samuel S. Goren, City Attorney PRINTED 411103 Page 18 of 45 CITY OF DANIA BEACH through its Mayor, authorized to execute same by Commission action on the _day of , 2003. ATTEST: Charlene Johnson CITY CLERK APPROVED FOR FORM AND CORRECTNESS: Thomas J. Ansbro, Esquire CITY ATTORNEY CITY OF DANIA BEACH, a Florida municipal corporation WA Robert Chunn, Jr. MAYOR -COMMISSIONER Ivan Pato CITY MANAGER PRINTED 411103 Page 19 of 45 TOWN OF DAVIE through its Mayor, authorized to execute same by Council action on the _day of , 2003. TOWN OF DAVIE, FLORIDA WITNESSES: By: Mayor/Councilmember ATTEST: Town Administrator Town Clerk APPROVED AS TO FORM: Town Attorney PRINTED 4/1/03 Page 20 of 45 CITY OF DEERFIELD BEACH through its Mayor, authorized to execute same by Commission action on the —day of , 2003. CITY OF DEERFIELD BEACH, FLORIDA Mayor Attest (Seal) City Clerk PRINTED 4/1103 Page 21 of 45 CITY OF FORT LAUDERDALE through its Mayor, authorized to execute same by Commission action on the _day of , 2003. WITNESSES: (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF BROWARD CITY OF FORT LAUDERDALE By: Mayor By: City Manager ATTEST: Mw City Clerk Approved as to form: By. City Attorney The foregoing instrument was acknowledged before me this 2003, by JIM NAUGLE, Mayor of the CITY OF FORT LAUDERDALE, a municipal corporation of Florida. He is personally known to me and did take an oath. (SEAL) BY: Notary Public, State of Florida STATE OF FLORIDA: COUNTY OF BROWARD The foregoing instrument was acknowledged before me this , 2003, by F. T. JOHNSON, City Manager of the CITY OF FORT LAUDERDALE, a municipal corporation of Florida. He is personally known to me and did take an oath. (SEAL) BY: Notary Public, State of Florida PRINTED 411103 Page 22 of 45 CITY OF HALLANDALE BEACH through its Mayor, authorized to execute same by Commission action; on the —day of , 2003. CITY OF HALLANDALE BEACH, FLORIDA Mayor Attest (Seal) City Clerk PAINTED 411103 Page 23 of 45 CITY OF HOLLYWOOD through its Mayor, authorized to execute same by Commission action on the —day of , 2003. CITY OF HOLLYWOOD, FLORIDA Attest: (Seal) mm Patricia A. Cerny, MMC City Clerk Approved as to form and legality For the use and reliance of the City of Hollywood, Florida, only. Daniel L. Abbot, City Attorney M. Mara Giulianti, Mayor PRINTED 411103 Page 24 of 45 CITY OF LAUDERDALE LAKES through its Mayor, authorized to execute same by Commission action on the _day of , 2003. CITY OF LAUDERDALE LAKES LI-A SAMUEL S. BROWN, MAYOR ATTEST: e CAROLE S. MORRIS, CITY CLERK Signed, sealed and delivered in The presence of: Witness Signature Printed Name Witness Signature Printed Name PRINTED 4/1103 Page 25 of 45 CITY OF LAUDERHILL through its Mayor, authorized to execute same by Commission action on the _day of , 2003. CITY OF LAUDERHILL, FLORIDA ATTEST Mayor Richard Kaplan (Seal) City Clerk Judith Higgins PRINTED 411103 Page 26 of 45 CITY OF LAZY LAKE through its Mayor, authorized to execute same by Council action on the _day of , 2003. WITNESSES: ATTEST: City Clerk CITY OF LAZY LAKE LI-B Mayor -Commissioner Day of 52003. City Manager Day of , 2003. APPROVED AS TO FORM: City Attorney PRINTED 411103 Page 27 of 45 CITY OF MARGATE through its Mayor, authorized to execute same by Commission action on the _day of , 2003. ATTEST: By: CITY CLERK DEBRA THOMAS APPROVED AS TO FORM: LE EUGENE M. STEINFELD CITY ATTORNEY CITY OF MARGATE, FLORIDA By: MAYOR LEONARD B. GOLUB CITY MANAGER PRINTED 4AI03 Page 28 of 45 CITY OF MIRAMAR through its Mayor, authorized to execute same by Commission action on the _day of , 2003. WITNESSES: ATTEST: City Clerk (CORPORATE SEAL) CITY OF MIRAMAR City Manager Day of , 2003. APPROVED AS TO FORM: IMA City Attorney PRINTED 411103 Page 29 of 45 CITY OF NORTH LAUDERDALE through its Mayor, authorized to execute same by Commission action on the —day of , 2003. ATTEST: IM C. Milli Dyer, City Clerk CITY OF NORTH LAUDERDALE, a Florida municipal corporation M. Mark Bates, City Manager APPROVED AS TO FORM: LE Samuel S. Goren, City Attorney PRINTED 411103 Page 30 of 45 CITY OF OAKLAND PARK through its Mayor, authorized to execute same by Commission action on the _day of , 2003. CITY OF OAKLAND PARK a Florida municipal corporation LE DONALD MIGLIORE, MAYOR ATTEST: NANCY I. BALL, CMC, CITY CLERK APPROVED AS TO FORM: By: DONALD J. DOODY, CITY ATTORNEY PRINTED 4AI03 Page 31 of 45 CITY OF PARKLAND through its Mayor, authorized to execute same by Commission action on the _day of , 2003. CITY OF PARKLAND WITNESSES: By: By: LIM ATTEST: By: By: City Clerk (CORPORATE SEAL) Mayor ROBERT A. MARKS Day of MO U City Manager Harry Mertz Day of APPROVED AS TO FORM: 2003. City Attorney Andrew Maurodis PRINTED 411103 Page 32 of 45 CITY OF PEMBROKE PARK through its Mayor, authorized to execute same by Commission action on the —day of , 2003. CITY OF PEMBROKE PARK ATTEST: Un Howard P. Clark, Jr. Clerk -Commissioner John P. Lyons Mayor -Commissioner PRINTED 411103 Page 33 of 45 CITY OF PEMBROKE PINES through its Mayor, authorized to execute same by Commission action on the .day of , 2003. ATTEST: By: EILEEN M TESH, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY CITY OF PEMBROKE PINES, FLORIDA MAYOR ALEX G. FEKETE PRINTED 4/I/03 Page 34 of 45 CITY OF PLANTATION through its Mayor, authorized to execute same by Council action on the _day of , 2003. Signed, sealed and delivered in the presence of: Attest Susan Slattey, City Clerk Witness: Typed Name of Witness Witness: Typed Name of Witness CITY OF PLANTATION Rae Carole Armstrong, Mayor As to legal form: Donald J. Lunny, Jr. City Attorney PRINTED 4/1/03 Page 35 of 45 CITY OF POMPANO BEACH through its Mayor, authorized to execute same by Commission action on the _day of , 2003. Witness: By: Signature By: Signature Attest: LOW MARY L. CHAMBERS CITY CLERK Approved As to Form: GORDON B. LINN CITY ATTORNEY STATE OF FLORIDA COUNTY OF BROWARD CITY OF POMPANO BEACH Lo Mayor C. WILLIAM HARGETT, JR., CITY MANAGER (SEAL) The foregoing instrument was acknowledged before me this day of , 2003, by as Mayor of the City of Pompano Beach, Florida, a municipal corporation, on behalf of the municipal corporation , who is personally known to me. NOTARY'S SEAL: NOTARY PUBLIC, STATE OF FLORIDA PRINTED 4/1/03 Page 36 of 45 TOWN OF SOUTHWEST RANCHES through its Mayor, authorized to execute same by Council action on the day of , 2003. ATTEST: Un TOWN OF SOUTHWEST RANCHES, FLORIDA Lm MECCA FINK, MAYOR ARIELLE HAZE-TYNER, TOWN CLERK APPROVED AS TO FORM AND CORRECTNESS GARY A. POLIAKOFF, TOWN ATTORNEY PRINTED 411103 Page 37 of 45 CITY OF SUNRISE through its Mayor, authorized to execute same by Commission action on the _day of , 2003. CITY OF SUNRISE, FLORMA Steven. B. Feren, Mayor This — day of 92003. AUTHENTICATION: Felicia M. Bravo, City Clerk (SEAL) Approved as to Form and Legal Sufficiency Office of the City Attorney, Sunrise, Florida. Jeffrey D. Olson, City Attorney City of Sunrise 10770 W. Oakland Park Boulevard Sunrise, Florida 33351 Telephone: (954) 746-3300 I: • Jeffrey D. Olson PRINTED 411103 Page 38 of 45 CITY OF TAMARAC through its Mayor, authorized to execute same by Commission action on thed0day o fArr,%L , 2003. ATTEST: By: o Marion Swenson, CMC Date: �$ CITY OF TAMARAC By: Joe Schreiber, Mayor Date: a y B y: Jef L. Nfiller, City Manager Date: .L�A— Approved as to form and legal Sufficiency: r Mitchell S. kraff, Z7fty Attorney PRINTED 411103 Page 39 of 45 CITY OF WESTON through its Mayor, authorized to execute same by Commission action on the _day of , 2003. CITY OF WESTON, through its City Commission ATTEST: Patricia A. Bates, City Clerk :• Approved as to form and legality for the use of and reliance by the City of Weston only: M. Jamie Alan Cole, City Attorney day of , 2003. Eric M. Hersh, Mayor day of , 2003. John R. Flint, City Manager day of , 2003. (CITY SEAL) PRINTED 411103 Page 40 of 45 CITY OF WILTON MANORS through its Mayor, authorized to execute same by Council action on the _day of , 2003. CITY OF WILTON MANORS, FLORIDA Um JIM STORK, MAYOR ATTEST: ANGELA D. SCOTT, CMC/AAE CITY CLERK APPROVED AS TO FORM: KERRY EZROL CITY ATTORNEY PRINTED 4/1/03 Page 41 of 45 EXHIBIT "A" ADDRESS AND NOTICE LIST Superintendent of Schools The School Board of Broward County, Florida 600 Southeast Third Avenue Fort Lauderdale, Florida 33301 Dept. of Planning & Environmental Protection Broward County, Florida 218 South West 1st Avenue Fort Lauderdale, Florida 33301 City Manager City of Coconut Creek 4800 West Copans Road Coconut Creek, FL 33063 City Manager City of Cooper City 9090 SW 50th Place Cooper City, FL 33329 City Manager City of Coral Springs 9530 West Sample Road Coral Springs, FL 33065 City Manager City of Dania Beach 100 West Beach Boulevard Dania Beach, FL 33004 Town Administrator Town of Davie 6591 Orange Drive Davie, FL 33314 City Manager City of Deerfield Beach 150 N.E. 2nd Avenue Deerfield Beach, FL 33441-3598 PRINTED 411103 Page 42 of 45 City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, FL 33301 City Manager City of Hallandale Beach 400 South Federal Highway Hallandale, FL 33009 City Manager City of Hollywood 2600 Hollywood Boulevard Hollywood, FL 33022 City Manager City of Lauderdale Lakes 4300 N. W. 36 Street Lauderdale Lakes, FL 33319 City Manager City of Lauderhill 2000 City Hall Drive Lauderhill, FL 33313 Richard Coker Lazy Lake City Attorney 644 SE 5th Avenue Fort Lauderdale, FL 33301 City Manager City of Margate 5790 Margate Boulevard Margate, FL 33063 City Manager City of Miramar 6700 Miramar Parkway Miramar, FL 33023 City Manager City of North Lauderdale 701 S.W. 71 Avenue North Lauderdale, FL 33068 PRINTED 4AI03 Page 43 of 45 City Manager City of Oakland Park 3650 N. E. 12th Avenue Oakland Park, FL 33334 City Manager City of Parkland. 6600 University Drive Parkland, FL 33067 Town Manager Town of Pembroke Park 3150 SW 52"d Avenue Pembroke Park, FL 33023 City Manager City of Pembroke Pines 10100 Pines Boulevard Pembroke Pines, FL 33026-3900 Mayor City of Plantation 400 N. W. 73 Avenue Plantation, FL 33317 City Manager City of Pompano Beach 100 West Atlantic Boulevard Pompano Beach, FL 33060 Town Administrator with a copy to: Gary A. Poliakoff, Town Attorney Town of Southwest Ranches 3111 Stirling Road 6589 SW 160th Avenue Fort Lauderdale, FL 33312 Southwest Ranches, FL 33331 City Manager City of Sunrise 10770 West Oakland Park Blvd. Sunrise, FL 33351 City Manager City of Tamarac 7525 N. W. 88 Avenue Tamarac, FL 33321-2401 PRINTED 411103 Page 44 of 45 City Manager City of Weston 2500 Weston Road, Suite 101 Weston, FL 33331 City Manager City of Wilton Manors 524 NE 21 st Court Wilton Manors, FL 33305 PRINTED 411103 Page 45 of 45 7M3 A°R ! �� re %RRON, SQUITERO & FAUS', , ' A ATTORNEYS AT LAW FRANK T. ADAMS FIRST FT. LAUDERDAM PLADE + r-- \ I E L (ii tW ("i i a T BERNARD ALLEN �����1 ,r L MARK S. AUERBACHER 7�j C � 100 N.E. THIRD 74VENUE; SUITE 280 i � !.,' T ROBERT H. BLANK a FT. LAUDERDALE, FLORIDA 33301 W. TODD BOYD �"I I y �u/F TAf MEL SSA S. CHANNING ca JORGE I.G. DEL VALLE DAVID S. DROBNER ERICA L. ENGLISH MARC L. FAUST HOWARD L. FRIEDBERG ALAN L.GABRIEL ROBERT C. GRADY ANA C. HARRIS ELIZABETH A. HEISE MATHAIJACOB MICHAEL D. KATZ NICOLE T. KOPELOWITZ ANNA KRIMSHTEIN ROBERT B. McCAUSLAND MAR IA C. MONTENEGRO ALICIA MORALES-FERNANDEZ RICHARD A. MORGAN CARLOS E. MUSTELIER JR. JOSE R. RIGUERA WILLIAM D. ROHRER JONATHAN C,SHAMRES JOHN R. SQUITERO MICHELE L. STOCKER DENNIS M. STOTTS Chris King, Director Community Development City of Tamarac 7525 N. W. 88 Avenue Tamarac, FL 33321-2401 BROWARD: (954)522-3Q•Z,78{1-'417201�+1 10' 27 MIAMI-DADE (305) 856-2444 TELECOPIER: (954) 522-5119 www.katzbarron.com RONALD M. BARRON "' y (1945 - 1994) rJ(J OF COUNSEL a ROXANNE K. BEILLY I A ROGER S. GOLDMAN U1 RICHARD MORTON LAWRENCE N. ROSEN, P.A. WILLIAM A. ZEIHER, P.A. MIAMI OFFICE: 2699 SOUTH BAYSHORE DRIVE SEVENTH FLOOR MIAMI, FLORIDA 33133.5408 TELEPHONE: (305) 856-2444 TELECOPIER: (305) 285.9227 41 K-1 01 0&"- "A r-- n> April 9, 2003 ` � ,A4 A Re: Execution of Final Interloeal Agreement Dear Mr. King: n4A -&�f 64�u 4tt In order to comply with the May 1, 2003 deadline imposed by the Department of Community Affairs pursuant to state law, and yet provide you with as much time as possible to obtain approval by your entity, it is my intention to federal express the Agreement executed by all participants on Wednesday, April 30, 2003. Upon approval and execution of this Agreement by your governing body, please provide this office with an original, executed signature page on or before 10:00 a.m., April 30, 2003. 1 will compile all original signature pages from each executing entity and assemble one fully executed original Agreement. The original will be maintained by the lead agency, the Broward School Board. I will forward a copy to the specific state agencies as mandated by state law, and provide each participating entity with a fully executed copy for its records shortly thereafter. I would also like to take this opportunity to thank you once again for your continued cooperation in this matter. Ve ly your r �kj ALAN L.GABRIEL ALG/kgc/02181001 sig pg Itr cc: City Manager City Clerk City Attorney Ed Marko, School Board General Counsel Chris Akagbosu, Coordinator, Broward County Schools FRANK T. ADAMS BERNARD ALLEN MARKS.AUERBACHER ROBERT H. BLANK W. TODD BOYD CHARLES D. BRECKER MELISSA S. CHANNING JORGE I.G. DEL VALLE ERICA L. ENGLISH MARC L. FAUST HOWARD L. FRIEDBERG ALAN L. GABRIEL ROBERT C. GRADY ,'DNA C. HARRIS ELIZABETH A. HEISE MATHAIJACOB MICHAEL D. KATZ NICOLE T. KOPELOWITZ ANNA KRIMSHTEIN ROBERT B. McCAUSLAND MARIA C. MONTENEGRO ALICIA MORALES-FERNANDEZ RICHARD A. MORGAN CARLOS E. MUSTELIER JR. JOSE R. RIGUERA WILLIAM D. ROHRER JONATHAN C.SHAMRES JOHN R. SQUITERO MICHELE L. STOCKER DENNIS M. STOTTS KAI'Z, BARRON, SQUITERO, FAUST & BOYD, P.A. ATTORNEYS AT LAW FIRST FT. LAUDERDALE PLACE RONALD M. BARRON 100 N.E. THIRD AVENUE, SUITE 280 (1945 - 1994) FT. LAUDERDALE. FLORIDA 33301 OF COUNSEL ROXANNE K. BEILLY BROWARD: (954) 522-3636 • (954) 781-4720 ROGER S. GOLDMAN RICHARD MORTON MIAMI-DApE (305) 856-2444 LAWRENCE N. ROSEN, P.A. TELECOPIER: (954) 522-5119 WILLIAM A. ZEIHER, P.A. www.katzbarron.com Marion Swenson, City Clerk City of Tamarac 7525 N. W. 88 Avenue Tamarac, FL 33321-2401 May 13, 2003 Re: Certified Copy of Executed Interlocal Agreement Dear Ms. Swenson: MIAMI OFFICE: 2699 SOUTH BAYSHORE DRIVE SEVENTH FLOOR MIAMI, FLORIDA 33133-5408 TELEPHONE: (305) 856-2444 TELECOPIER: (305) 285-9227 --- j c) m -� -Tj 'M < C 1 -T3 :0 n ©, w Enclosed please End a certified copy of the Interlocal Agreement for Public School Facility Planning between the Broward County School Board, Broward County, and the Cities or Towns of Coconut Creek, Cooper City, Coral Springs, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hollywood, Lauderdale Lakes, Lauderhill, Lazy Lake, Margate, North lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac, Weston and Wilton Manors for your entity's official records. The "original" document will be turned over to the Broward County School Board and will be maintained at Official School Board Records where it can be inspected by the public. The Agreement was transmitted to the Department of Community Affairs on April 30, 2003. The City of Coconut Creek's signature page was transmitted on May 1, 2003, and the City of Fort Lauderdale and Town of Southwest Ranches signature pages were transmitted on May 9, 2003, for inclusion in the Agreement. As of this date, only two municipalities in Broward County have not participated, namely Dania Beach and Miramar. I would like to take this opportunity to thank everyone for their cooperation in this matter. Mours , ALAN L.GABRIEL ALG/kgc/SB cert copy transmittal ltr Enclosure cc: Mayor (without Enclosure) City Manager (without Enclosure) City Attorney (without Enclosure) City Contact Person (without Enclosure) Chris Akagbosu, Coordinator, Broward Public Schools (without .Enclosure) r INTERLOCAL AGREEMENT 011, PUBLIC SCHOOL FACILITY PLANNING BROWARD COUNTY, FLORIDA This agreement (hereinafter referred to as "Agreement") is entered into between The School Board of Broward County, Florida (hereinafter referred to as "School Board"), Broward County, a political subdivision of the State of Florida (hereinafter referred to as "County"); the City Commission or Town Council of the Cities or Towns of Coconut Creek, Cooper City, Coral Springs, Dania Beach, Davie, Deerfield Beach, Fort Lauderdale, Hallandale Beach, Hollywood, Lauderdale Lakes, Lauderhill, Lazy Lake, Margate, Miramar, North Lauderdale, Oakland Park, Parkland, Pembroke Park, Pembroke Pines, Plantation, Pompano Beach, Southwest Ranches, Sunrise, Tamarac, Weston and Wilton Manors (hereinafter referred to collectively as "Municipalities"). RECITALS WHEREAS, the School Board, the County and Municipalities recognize their mutual interest for the education, nurture and general well-being of the children within their community; and WHEREAS, the School Board, the County and the Municipalities recognize the benefits that will flow to the citizens and students of their communities by more closely coordinating their comprehensive land use and school facilities planning programs: namely (1) better coordination of new schools in time and place with land development, (2) greater efficiency for the School Board and local governments by siting schools to take advantage of existing and planned roads, water, sewer, and parks, (3) improved student access and safety by coordinating as feasible the construction of new and expanded schools with the road and sidewalk construction programs of the local governments and requiring new or redevelopment projects containing residential developments to construct sidewalks linking the development to school(s) located within a reasonable distance from the development, (4) as feasible, locating and designing schools to serve as community focal points, (5) encouraging developers of new or redevelopment projects containing residential units to build pedestrian friendly developments that will link their projects to schools located within a reasonable distance from the development, and (6) to enable greater efficiency and convenience by collocating schools with parks, ball fields, libraries, and other community facilities to take advantage of joint use opportunities; and WHEREAS, Section 1013.33 Florida Statutes, requires that the location of public educational facilities be reviewed for consistency with the comprehensive plan and implementing land development regulations of the appropriate local governing body; and �"'•k KaBNeen G c►a* I HEREBY CERTIFY THAT THIS IS A 4*My COmmi3810n cc838293 TRUE COPY OF TILE RIG RExpires June 11 2003 PRINTED 4AM3 Page 1 of 45 ~ �`3 WHEREAS, Sections 163.3177(6)(h) 1 and 2, Florida Statutes, require each local government to adopt an intergovernmental coordination element as part of their comprehensive plan that states principles and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of the school boards, and describes the processes for collaborative planning and decision making on population projections and public school siting; and WHEREAS, Sections 163.31777 and 1013.33 Florida Statutes, further require each county and the non-exempt municipalities within that county to enter into an interlocal agreement with the district school board to establish jointly the specific ways in which the plans and processes of the district school board and the local governments are to be coordinated; and WHEREAS, the Broward County Charter grants county -wide authority regarding land use plan amendments, plats and certain growth management issues to the Broward County Commission and the Commission has authority over other growth management issues in the unincorporated areas of the county; and WHEREAS, the Municipalities have certain authority regarding local land use plan amendments, rezoning and other growth management issues within their jurisdictional boundaries; and WHEREAS, the School Board has the responsibility to provide school facilities to insure a free and adequate public education to the residents of Broward County; and WHEREAS, the School Board, the County, and the Municipalities enter into this Agreement in fulfillment of that statutory requirement and in recognition of the benefits accruing to their citizens and students described above. NOW THEREFORE, for good and valuable consideration the receipt and sufficiency is hereby acknowledged the parties mutually agree that the following procedures will be followed in coordinating land use and public school facilities planning: ARTICLE I RECITALS 1.1 The above recitals are true and correct and are hereby incorporated as a part of this Agreement. ARTICLE II JOINT MEETINGS 2.1 A staff working group comprised of representatives from the School Board, the County and the Municipalities (hereinafter referred to as "Staff Working Group') will at least annually meet to discuss issues and formulate recommendations PRINTED 417A3 Page 2 of 45 regarding coordination of land use and school facilities planning, including such issues as population and student projections, development trends, school needs, co -location and joint use opportunities, ancillary infrastructure improvements needed to support the schools and safe student access. The School Board of Broward County Superintendent of Schools, or his designee (hereinafter referred to as "Superintendent") will appoint appropriate staff to attend and participate in the Staff Working Group meetings. The School Board staff shall coordinate and be responsible for scheduling such meeting(s) and providing notification with at least 30 days advance written notice to the appropriate members. Representative(s) from the South Florida Regional Planning Council will also be notified and invited to attend. The joint workshop sessions will also be opportunities for the County, the Municipalities and the School Board to hear reports, discuss policy, set direction, and reach understandings concerning issues of mutual concern regarding school facilities planning and off site improvements. A written summary report will be issued by the Staff Working Group. The initial meeting of the Staff Working Group shall be held within 60 days from the effective date of this Agreement, upon at least 30 days written advance notice. ARTICLE III STUDENT ENROLLMENT AND POPULATION PROJECTIONS 3.1 In fulfillment of their respective planning duties, the School Board, the County and the Municipalities agree to coordinate and base their plans upon consistent projections of the amount, type, and distribution of population growth and student enrollment. Countywide five-year population and student enrollment projections shall be revised annually and provided in the subsequent calendar year at the staff working group meeting described in Subsection 2.1. 3.2 The Superintendent shall utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136 Florida Statutes, where available, as modified by the Superintendent based on development data coordinated with the local governments. The Superintendent may request adjustment to the estimating conferences' projections to reflect actual enrollment and development trends. In formulating such a request the Superintendent will coordinate with the County and Municipalities regarding development trends and future population projections. 3.3 The County will continue to provide population projections that will be utilized to verify the geographic distribution of School Board student projections countywide. PRINTED 411103 Page 3 of 45 ARTICLE IV COORDINATING AND SHARING OF INFORMATION 4.1 Tentative District Educational Facilities Plan: Commencing June, 2003 and annually thereafter, the Superintendent shall submit to the County and to each Municipality the tentative District Educational Facilities Plan (hereinafter referred to as the "Tentative Plan") no later than 14 days prior to the anticipated hearing date by the School Board. Upon providing the Tentative Plan to local governments and giving proper notice to the public and opportunity for public comment, the School Board may amend the Tentative Plan to revise the priority of projects, to add, or delete projects, to reflect the impact of change orders, or to reflect the approval of new revenue sources which may become available. The Tentative Plan will be consistent with the requirements of Section 1013.35 Florida Statutes, and include, an inventory of existing school facilities, projected five-year student enrollment projections apportioned by school and geographic area, Florida Inventory of School Housing for each school as approved by the Department of Education, the number of portables in use at each school, the number of portables projected to be in use at each school, five-year capital improvements for pertinent schools, planned new schools, general locations of new schools for the five, ten, and twenty-year time periods, the School District unmet needs and options to reduce the need for additional permanent student stations. The Tentative Plan will also include a financially feasible district facilities work program for a five year period. The County and Municipalities shall review the Tentative Plan and send written comments to the Superintendent within 30 days from receipt of the draft Tentative Plan, on the consistency of the Tentative Plan with the local comprehensive plan, and whether a comprehensive plan amendment will be necessary for any proposed educational facility for consideration prior to the final adoption hearing. 4.2 Information regarding schools scheduled for renovations shall be provided in the tentative District Educational Plan. 4.3 Educational Plant Survey: At least one year prior to preparation of the Educational Plant Survey which is updated every five (5) years, the Staff Working Group established in Subsection 2.1 will assist the Superintendent in preparation of the update. The Educational Plant Survey shall be consistent with the requirements of Section 1013.31, Florida Statutes, and include at least an inventory of existing educational facilities, recommendations for new and existing facilities, and the general location of each in coordination with the applicable land use plan. 4.4 Growth and Development Trends: Commencing September, 2003 and annually thereafter, the County in conjunction with the Municipalities will use their respective best efforts to provide the Superintendent with a report on growth and development trends within their jurisdiction. This report may be in tabular and/or PRINTED 411/03 Page 4 of 45 graphic, and textual formats and include, but not be limited to the following information, if available: (a) The total number of ongoing and remaining residential development units, plat name and number, subdivision name, type and number of bedrooms; (b) The total number of certificate of occupancy (CO's) issued to date for each ongoing or remaining residential development units by plat name and number, subdivision name, type and number of bedrooms; (c) The projected phasing of the CO's issued for each ongoing or remaining residential development units for the remaining portion of the year, and by year for the next five years by plat name and number, subdivision name, type and number of bedroom; (d) The projected development or potential redevelopment of vacant or other developed land; (e) Residential properties undergoing plat review by plat name and number; (f) Information regarding the conversion or redevelopment of housing or other structures into residential units likely to generate new students; and (g) The identification of any development order(s) issued which contain a requirement for the provision of a school site as a condition of development approval. 4.5 No later than the 15t' of each month, the County will provide by correspondence to the Superintendent, the list of all residential plat(s) granted approval by the Broward County Commission during that preceding month. At a minimum, the information shall contain the plat name, plat number, residential type and number of units. If no plat was approved during the month, the County will send correspondence indicating so. 4.6 No later than 15 days after the approval of any land use plan amendment(s), the County will provide by correspondence to the Superintendent, the list of land use plan amendment(s) adopted by the Broward County Commission. At a minimum, the information shall contain the amendment number, residential type and number of residential units if applicable. If no land use plan amendment was adopted during the month, the County will send correspondence indicating so. ARTICLE V SCHOOL SITE SELECTION, SIGNIFICANT RENOVATIONS, AND POTENTIAL SCHOOL CLOSURES 5.1 School Board staff will review potential sites for new schools and proposals for potential closure of existing schools and significant renovations consistent with School Board Policy 5000, as may be amended from time to time. The recommendations will be included in the District Educational Facilities Plan. PRINTED 4/7/03 Page 5 of 45 5.2 When the need for a new school is identified in the District Educational Facilities Plan, the Superintendent's Site Review Committee (hereinafter referred to as the "Site Review Committee") will consider a list of potential sites in the area of need. The list of potential sites for new schools and the list of schools identified in the District Educational Facilities Plan for significant renovation and potential closure will be submitted to the local government with jurisdiction for an informal assessment regarding consistency with the local government comprehensive plan, including, as applicable: environmental suitability, transportation and pedestrian access, availability of infrastructure and services, safety concerns, land use compatibility and other relevant issues. Based on the information gathered during this review for new schools the Site Review Committee will make a recommendation to the Superintendent of one or more sites in order of preference. For those purposes specified in this Article V, the School Board shall amend School Board Policy 7000 to provide for the membership of the Site Review Committee referenced therein. It shall identify the members and how they shall be appointed. In addition to the current representatives from the South Florida Regional Planning Council and Broward County, the Site Review Committee shall include at least one (1) member who shall be appointed by the Municipalities (additional members may be appointed at the Superintendent's discretion) and at least one (1) "floating member" designated by the city manager or administrator of the affected local governments in which the new school facility may be located. For the purposes of this subsection, a floating member from the affected local governments shall be defined as the local government jurisdiction in which the proposed school facility will be located, or significant renovations or school closures may occur. 5.3 In addition to existing criteria utilized by the Site Review Committee and in conformance to pertinent School Board Policy (as may be amended from time to time) regarding the selection of new school sites and school closures, the Superintendent will coordinate information regarding site plans for proposed new schools with the affected local governments in accordance with Sections 1013.33, 1013.36 and other applicable portions of Section 1013, Florida Statutes. 5.4 Pursuant to Section 1013.33 (11), Florida Statutes, at least 60 days prior to acquiring or leasing property that may be used for a new public educational facility, the Superintendent shall provide written notice to the local government with jurisdiction over the use of the land. The local government, upon receipt of this notice, shall notify the Superintendent within 45 days if the proposed new school site is consistent with the land use categories and policies of the local government's comprehensive plan. This preliminary notice does not constitute the local government's determination of consistency pursuant to Section 1013.33(12), Florida Statutes. PRINTED 41VO3 Page 6 of 45 K",-1CO)aDW/I SUPPORTING INFRASTRUCTURE 6.1 In conjunction with the preliminary consistency determination described at Subsection 5.4 of this Agreement, the School Board and affected local governments will jointly determine the need for and timing of on -site and off -site improvements necessary to support each new school or the proposed significant renovation of an existing school, and will enter into a written agreement, or amend a current agreement, if applicable, to be consistent with this Agreement as to the timing, location, and the party or parties responsible for funding, constructing, operating and maintaining the required improvements. ARTICLE VII LOCAL PLANNING AGENCY, COMPREHENSIVE PLAN AMENDMENTS, REZONINGS, AND DEVELOPMENT APPROVALS 7.1 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time to time, the School Board shall appoint a School District staff member(s) to be its representative on the County and each respective Municipality's local planning agency. Notification of the staff member's name, title and address shall be submitted in a timely manner to the applicable local planning agency. 7.2 To the extent required by Section 163.3174, Florida Statutes, as may be amended from time to time, the County, or Municipalities will include the representative appointed by the School Board to serve on its local planning agency, or equivalent agency and the representative will have the opportunity to attend those meetings at which the agency considers comprehensive plan amendments and rezonings that would, if approved, increase residential density for the property that is the subject of the application. When available, the School Board representative shall attend and participate in local planning agency meetings at which residential density could increase. The County or Municipalities may at its discretion grant voting status to the School Board representative. 7.3 As a part of its development review process, the County and Municipalities agree to provide a copy of rezoning and comprehensive plan amendment applications that could increase residential density to the Superintendent. At a minimum, the information provided shall include the name of the applicant, current and proposed use, existing permitted and proposed and type of units, acreage, general location map and section, township and range and the anticipated date the local planning agency may consider this item if such date is determined at the time the information is provided. The County or Municipalities shall provide the deadline for receiving comments from the Superintendent, however, the time provided to PRINTED 411A3 Page 7 of 45 the Superintendent for submitting such comments shall be no less than twenty-one (21) days and no greater than thirty (30) days from the date the information is provided to the Superintendent. If no deadline is provided together with the information, then the Superintendent shall provide comments no later than thirty (30) days after receipt of the information. Further, the County or Municipalities will notify in writing to the Superintendent when the application receives final approval from the governing body. 7.4 The School Board shall continue to participate in the Broward County land use plan amendment review process through its Broward County Planning Council appointed member. 7.5 The School Board shall continue to participate through staff review in the Broward County plat, site plan, vacation petition and other pertinent development applications review process and participate as necessary on other growth management issues. 7.6 The County and the Municipalities agree to notify the Superintendent of proposed land use applications, amendments to the comprehensive plan future land use map, rezonings, developments of regional impact, and other residential or mixed - use development projects with a residential component pending before them that may affect student enrollment, enrollment projections, or school facilities. Such notice shall be provided to the Superintendent at the same time as notice is provided to the public for the applications under the provisions of the County Code or City Ordinances. 7.7 The written comments provided by the Superintendent to the County and Municipalities regarding rezoning, comprehensive plan amendments, plats, and other residential or mixed use projects with a residential component will advise the local government of the student impacts anticipated to result from the development proposal, the capacity status of the schools(s) and the planned capacity improvement(s) and alternatives available. School capacity will be reported consistent with Department of Education, Florida Inventory of School Houses. 7.8 If sufficient capacity is not available or anticipated in the District Educational Facilities Plan to serve the development the School Board, local government, and developer may use their best efforts to collaboratively develop options that aim to provide the capacity to accommodate new students. 7.9 In reviewing and approving comprehensive plan amendments and rezonings the County and Municipalities may consider the following issues consistent with applicable governmental codes and comprehensive plans in addition to such other criteria as may be applicable or appropriate: (a) School Board comments provided pursuant to Chapters 163 and 1013, Florida Statutes which may include, but not be limited to: PRINTED 411/03 Page 8 of 45 (i) Available school capacity or planned improvements to increase school capacity; (ii) The provision of school sites and facilities within planned neighborhoods; (iii) Compatibility of land uses adjacent to existing schools and reserved school sites; (iv) The collocation of parks, recreation and neighborhood facilities with school sites; (v) The linkage of schools, parks, libraries and other public facilities with bikeways, trails, and sidewalks for safe access; (vi) Traffic circulation plans which serve schools and the surrounding neighborhood; (vii) The provision of off -site signalization, signage, access improvements, and sidewalks to serve schools; (viii) The inclusion of school bus stops and turnarounds; and (ix) The installation of appropriate buffers such as, but not limited to, a solid fence or concrete wall, solid hedges or increased setbacks that will ensure compatibility with the adjacent school for any new development that will be located adjacent to an existing school or an identified future school. 7.10 In formulating community development plans and programs that may affect public school facilities, the County and Municipalities will provide notice to the Superintendent concerning any workshop or regular meetings which relate to such community development plans and programs and will invite the Superintendent's submission of comments and participation at such meetings. ARTICLE VIII COLLOCATION AND SHARED USE 8.1 Collocation and shared use of facilities are important to both the School Board and local governments. In accordance with pertinent School Board growth management policy, the School Board will look for opportunities to collocate and share use of school facilities and civic facilities when preparing the District Educational Facilities Plan. Likewise, collocation and shared use opportunities will be considered by the local governments when preparing the annual update to the comprehensive plan's schedule of capital improvements and when planning and designing new, or renovating existing, community facilities. For example, opportunities for collocation and shared use with public schools will be PRINTED W03 Page 9 of 45 considered for libraries, parks, recreation facilities, community centers, auditoriums, learning centers, museums, performing arts centers, and stadiums. In addition, collocation and shared use of school and governmental facilities for health care and social services will be considered. 8.2 A separate agreement will be developed for each instance of collocation and shared use which addresses, but is not limited to, legal liability, operating and maintenance costs, scheduling of use, and facility supervision or any other issues that may arise from collocation and shared use once constructed. ARTICLE IX RESOLUTION OF DISPUTES 9.1 If the parties to this Agreement are unable to resolve any issue in which they may be in disagreement covered in this Agreement, such dispute will be resolved in the following manner: (a) First, the disputing parties will meet together through their respective county or municipal manager or administrator and the Superintendent or their respective designee; (b) If the disputing parties are still unable to resolve the dispute, the disputing parties agree to further attempt to resolve the dispute in accordance with governmental conflict resolution procedures specified in Chapter 164 or 186, Florida Statutes or such other processes deemed mutually agreeable and appropriate by the parties involved. ARTICLE X OVERSIGHT PROCESS 10.1 The School Board, the County and the Municipalities shall each appoint up to five members to serve on a fifteen (15) member committee to monitor the implementation of this Agreement. Committee members shall be notified in writing and advised of the meetings referenced in Article II and shall receive copies of all pertinent reports and documents produced pursuant to this Agreement. The Superintendent shall organize and staff the meetings of this Committee, utilizing the Staff Working Group for assistance as needed. The Committee shall appoint a chairperson, meet at least annually and report to participating local governments, the School Board, the County and the general public on the effectiveness with which this Agreement is being implemented. The Chairperson of the Committee shall preside over the meeting and within 30 days generate a report regarding successes and failures regarding implementation of the interlocal agreement during the preceding calendar year. The Committee meeting regarding review of the interlocal agreement shall be conducted as a public meeting advertised to provide opportunity for public participation. PRINTED 4/I/03 Page 10 of 45 10.2 For purposes of selecting the five appointed Municipal members, the Municipalities will appoint the five representatives through a process deemed mutually agreeable and appropriate by those Municipalities who are a party to this Agreement. EFFECTIVE DATE AND TERM 11.1 This Agreement shall become effective upon the signatures of the School Board and the County and shall remain in full force and effect for a period of five (5) years from the effective date. The joinder by each Municipality shall make the agreement effective as to that respective Municipality. This Agreement may be earlier cancelled by mutual agreement of the School Board, or the County or the respective Municipalities, unless otherwise cancelled as provided or allowed by law. 11.2 This Agreement may be extended upon the mutual consent of the parties to this Agreement for one additional five (5) year term, conditioned upon the same terms and conditions as contained herein, provided that the party seeking an extension provides written notice to the other parties of such intent to extend no later than one (1) year prior to the expiration of the then current term, and the other parties agree in writing to such extension. The one additional five year extension term shall be valid only to those parties who consented in writing thereto, and shall not be conditioned upon the consent of all original parties hereto. ARTICLE XII MISCELLANEOUS 12.1 Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all other agreements concerning the subject matter contained herein. Any amendments to this Agreement shall be in writing and executed by each respective party. Notwithstanding the foregoing, the parties hereto agree and acknowledge that this Agreement is not intended to usurp or modify the authority, rights, or obligations of the School Board, County or Municipalities as such may be provided elsewhere by law. 12.2 Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, unlawful, void or unenforceable with respect to any party hereto, the remainder of this Agreement or the application of such provisions to a party other than those to whom is held invalid, illegal, unlawful, void or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law as if such invalid, illegal unlawful, unenforceable or void provision had never been included herein. PRINTED 411A3 Page 11 of 45 12.3 Notices. All notices or other communications (other than notices for meetings as provided for elsewhere in this Agreement) which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service or by certified mail addressed to the parties at their respective addresses as specified in Exhibit "A", attached hereto and made a part hereof. Any party may from time to time designate any other address for this purpose by written notice to the parties hereto. Such notice shall be deemed given on the day on which personally served, or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. 12.4 Governing Law. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any controversies or legal problems arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida. 12.5 Headings. The captions, section numbers, article numbers, title and headings appearing in this Agreement are inserted only for convenience and in no way define, limit, construe or describe the scope or intent of such articles or sections of this Agreement, nor in any way effect this Agreement and shall not be construed to create a conflict with the provisions of this Agreement. 12.6 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. 12.7 Supplementary Agreements. All parties to this Agreement stipulate that the School Board may enter into Supplementary Agreements with individual municipalities to address individual circumstances. Any such Supplementary Agreement shall not be inconsistent with this Agreement. 12.8 Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and to bind and obligate such party with respect to all provisions contained in this Agreement. 12.9 Indemnification. Each party agrees to be fully responsible for its acts of negligence, or its agent's acts of negligence when acting within the scope of their employment and agrees to be liable for any damages resulting from said negligence. 12.10 No Waiver of Sovereign Immunity. Nothing contained in this Agreement is intended to serve as a waiver of sovereign immunity by any agency to which sovereign immunity may be applicable. 12.11 No Third Party Beneficiaries. The parties expressly acknowledge that it is not their intent to create or confer any rights or obligations in or upon any third person or entity under this Agreement. None of the parties intend to directly or substantially benefit a third party by this Agreement. The parties agree that there PRINTED 41VO3 Page 12 of 45 are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against any of the parties based upon this Agreement. Nothing herein shall be construed as consent by any agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 12.12 Non -Discrimination. The parties shall not discriminate against any employee or participant in the performance of the duties, responsibilities and obligations under this Agreement because of race, age, religion, color, gender, national origin, marital status, disability or sexual orientation. 12.13 Records. Each party shall maintain its own respective records and documents associated with this Agreement in accordance with the records retention requirements applicable to public records. Each party shall be responsible for compliance with any public documents request served upon it pursuant to Section 119.07, Florida Statutes, and any resultant award of attorney's fees for non-compliance with that law. IN WITNESS WHEREOF, this Interlocal Agreement has been executed on the respective dates under each signature by and on behalf of Broward County, each of the respective Municipalities and the School Board of Broward County, Florida on this day of 2003. [REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK. SIGNATURE PAGES FOLLOW.] PRINTED 4103 Page 13 of 45 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA B Lois Wexler, Sch of Board - ATTE . "�� Fran in L. Till, Su erintendent of Schools (CORPORATE SEAL) State of Florida, Broward County MC Witness as to all Signatories Print Name WITNESS my hand and official seal this_day ofA.D. 2003 Print Name MC- 1" My Commission Approved as to form: EI.C.EN RMU MCKNIGH'r COMMISSION NO. DDISMI MY COMMNSION EXP. OCT. 7 (AFFIX NOTARY SEAL) J. Marko, School Board Attorney tet.— 'e-#' mcx&?* PRINTED 411103 Page 14 of 45 BROWARD COUNTY through its Mayor, authorized to execute same by Board action on the 2 g 'day of 2003. ATTEST: BROWARD COUNTY, by and through its BOARD OF COUNTY COMMISSIONERS By:C:�41 - �011 Broward County Administrator, as Diana Wasserman Rubin, Mayor Ex-officio Clerk of the Broward County Board of County Commissioners GATED OCT. 1 ST U= 1915�: us Day of 2003. Approved as to form by Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By: '-i::� L X! I County Attorney �e,,,o PRINTED 411103 Page 15 of 45 CITY OF COCONUT CREEK thr ugh its Mayor, authorized to execute same by Commission action on theJ0day ofj� 2003. (CITY SEAL) ATTEST: By: v Barbara S. Price, CMC City Clerk APPROVED AS TO LEGAL FORM: By: -- a CITY ATTORNEY CITY OF COCONUT CREEK a Florida municipal corporation W, I V0/,, ! C�Jln P. ,., PRINTED 411103 Page 16 of 45 CITY OF COOPER CITY through its Mayor, authorized to execute same by Commission action on the,,day of � 2003. ATTEST: B. Susan Bernard, City Clerk CITY OF COOPER CITY, FLORIDA Suellen H. F GD of APPOR X-D✓ AS TO By: L/ Alan rancis Ruf, City Mayor 2003. PRINTED 4AI03 Page 17 of 45 CITY OF CORAL SPRINGS through its Mayor, authorized to execute same by Commission action on the s day of ie� i _ _ ___, 2003. ATTEST: CITY OF CORAL SPRINGS, a Municipal corporation organized and existing under the laws of the State of Florida % Day of i , 2003 APPROVED AS TO FORM: By:2r �v- S amuel S. Goren City Attorney PRINTED4rlro3 Page 18 of 45 ::ODMA \ PCDOCS \ DOCS \ 66224 \ 2 CITY OF DANIA BEACH through its Mayor, authorized to execute same by Commission action on the _day of _ , 2003. CITY OF DANIA BEACH, a Florida municipal corporation Charlene Johnson CITY CLERK 18-rd APPROVED FOR FORM AND CORRECTNESS: r-ord Thomas J. Ansbro, Esquire CITY ATTORNEY THE AGREEMENT APPROVED. Robert Chunn, Jr. MAYOR -COMMISSIONER Ivan Pato CITY MANAGER WAS NOT PRINTED 417103 Page 19 of 45 TOWN OF DAVIE through its Mayor, authorized to execute same by Council action on the - day of 2003 TOWN OF DAVIE, FLORIDA I N1101 X I" 9%'4� BY: ATTEST: Y4t- �55 Town Clerk Mayor/ BY: Town Administrat APPROVED TO -AS FORM: Attorney r PRINTED 4r1/03 Page 20 of 45 CITY OF DEERFIELD BEACH through its Mayor, authorized to execute same by Commission action on the24 day of Apri1 2001 CITY OF DEERFIELD BEACH, FLORIDA A yor Alb . Capellini, P.A. C eal) hnson, CMC PRINTED 411103 Page 21 of 45 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 25th day of April _. _, 200,3 by ALBERT R. CAPELLINI as Mayor of the City of Deerfield Beach, Florida a municipal corporation, on behalf of the municipal corporation, who is personally known to me. NOTARY'S SEAL: a, tw EULABE HA.DAGNONNotaryPubiic-State of Florida MyCoarrhsbnrpiresMaY7,2004„�Commission # CC934295 STATE OF FLORIDA COUNTY OF BROWARU NOT Y PUBLIC, STATE F FLORIDA (Signat of Notary Taking Acknowledgment) Elizabeth Da non (Name of Acknowledger Typed, Printed or Stamped) Commission Number The foregoing instrument was acknowledged before me this 25 th day of Al2ril , 2003 by ADA GRAHAM-JOHNSON as City Clerk of the City of Deerfield Beach, Florida a municipal corporation, on behalf of the municipal corporation, who is personally known to me. NOTARY'S SEAL: SSMEMAXAGNON -0"." s Notary Public- State Of HOMO syMy n5pkwMoV77,2004 4 NOTA Y PUBLIC, STATE 0 FLORIDA (Signature of Notary Taking Acknowledgment) Elizabeth Da non (Name of Acknowledger Typed, Printed or Stamped) commission Number Page 2la of 45 CITY OF FORT LAUDERDALE through its Mayor, authorized to execute same by Commission action on the3rdday of ADril_, 2003. WITNESSES: (CORPORATE SEAL) CITY OF FORT LAUD By: 0 ATTE: Approved as to form: By: City Attorne PRINTED 411A3 Page 22 of 45 CITY OF HALLANDALE BEACH through its Mayor, authorized to execute same by Commission action on the /-day of , 2003. CITY OF HALLANDALE BEACH, Attest Seal) City Cler CITY OF HOLLYWOOD through i Mayor, authorized to execute same by Commission action on the3�dday of �} , 2003. CITY OF HOLLYWOOD, FLORIDA BY: Mara Giulianti, Mayor Approved as to form and legality For the use and reliance of the City of Hollywood, Florida, only. BY: Daniel L. Abbott, City Attorney PRINTED 4/1p3 Page 24 of 45 CITY OF LAUDERDALE LAKE thro h its Mayor, authorized to execute same by Commission action on theQUday of= 2003. CITY OF LAUDERDALE LAKES ATTEST: Si T11G r/1 GJGllVG V1. tl, %J11eariiiiii U w4�,4� toN ry'%,, •�SFALOF - - - Ole F - •1 Witness Signature .��r•►Ql /-- 9r.0 w Printed Name Witness Signature - k 0 Sk 71, %, Printed Name 1 DAVID SHOMERS, VICE MAYOR PRTNTED3177103 Page 25 of 45 CITY OF LAUDERHILL through its ity Manager, authorized to execute same by Commission action on the pday o S , 2003. CITY OF LAUDERHILL, FLORIDA Charles Faranda, City Manager Approved as to Form By W. & 4— —L, �/ City A orney ATTE City Clerk Judith Higgins (Seal) PRINTED 417A3 Page 26 of 45 CITY OF LAZ L�P2003. ough its Mayor, authorized to execute same by Council action on tha'y'of WITNESSES: Ciz�, 6 ""� ATTEST: By: City Clerk CITY OF LAZY LAKE By. Mayor -Commissioner 0?4-�7ay of 2003. B dl— CityA Y• Manager 9!Etay of 12 2003. UeA PRINTED3117103 Page 27 of 45 CITY OF MARGATE through its Mayor, authorized to execute same by Commission action on the ? �iay of --Apr-U 2003. ATTEST: By: ..v.VVw. --v CITY CLERK DEBRA THOMAS APPROVED AS TO FORM: APPROVED BY RESOLUTION NO. 9806 - 4/23/03 CITY OF MARGATE, FLORIDA CITY MANAGER v PRINTED 41'03 Page 28 of 45 CITY OF MIRAMAR through its Mayor, authorized to execute same by Commission action on the _day of . 2003. WITNESSES: ATTEST: City Clerk (CORPORATE SEAL) CITY OF MIRAMAR NA City Manager Day of _ _- - 2003. APPROVED AS TO FORM: City Attorney THE AGREEMENT WAS NOT APPROVED. PRINTED 41IM3 Page 29 of 45 No Text CITY OF OAKLAND PARK through its Mayor, authorized to execute same by Commission action on the ((Way of , 2003. CITY OF OAKLAND PARK a Florida municipal corporation ll 1 By: �. �� ■L. ATTEST: By: -!or : NANCY I. BALL, CMC, CItk CLERK APPROVED AS TO FORM: IF, PRINTED3177103 Page 31 of 45 CITY OF PARKLAND through its Mayor, authorized to execute same by Commission action on thJ5day of AREU , 2003. CITY OF PARKLAND WITNES B By: y: Mayor ROBERT A. MARKS By:-. ATTEST: �: • i1 r r !4d ►r (CORPORATE SEAL) APPRO Ep AS TO FORM: By: City Atto ey Andrew Maurodis PRINTED3177103 Page 32 of 45 OF PEMBROKE PARK through its Mayor, authorized to execute same by Commission action on the 19-tay of , 2003. ATTEST: By: X, f A� N - Howard P. Clark, Jr. Clerk -Commissioner 0'F p EMB�°� 0 4 9'40 C�VNYY• �� CITY OF PEMBROKE PARK c Jodi P. Lyons APP E"ASTOM: BxTO CHRISTOM IRY PRILVTED A/T/W Page 33 of 45 CITY OF PEMBROKE PINES through its Mayor, authorized to execute same by Commission action on the (day of , 2003. ATTEST: By: EEN M TESH, CITY CLERK AS TO FORM: OF CITY OF PEMBROKE PINES, FLORIDA WEVAR' err,. WMMU / I PRINTED 4l1/n3 Page 34 of 45 Wi ss: Marcy H. Burgess Typed Name of Witness CITY OF PLANTATION through its Mayor, authorized to execute same by Council action on the 3 day of Ate_, 2003. Signed, sealed and delivered in the presence of: CITY OF PLANTATION Attest Susan Slattey, City Clerk e Carole Armstrong, Mayor As to legal form: �Witness: Q� Donald City At Eleanor F. Bowen Typed Name of Witness PRINTED 4/l/C)3 Page 35 of 45 CITY OF POMPANO BEACH through its Mayor, authorized to execute same by Commission action on the 22day of Apr-11.'2003. Witness: Attest: wo- - ,L. (SEAL) MAR CITY Approved As t orm: By: . GORDON B. LINN CITY ATTORNEY STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 2 9 th day of Ap r i 1 • 2003, by KAX MCGINN as Mayor of the City of Pompano Beach, Florida, a municipal corporation, on behalf of the municipal corporation , who is personally known to me. rill NOTARY'S SEAL: NOTARY PUBLIC, STATE OF FLORIDA N�11111N111h� A HAMtiJ��rr y ado &•.� cn . �. #DD 148711 9 BDnded Ih� ��;' QD� i 9j ••+y�blic Un�••�O``� 11 111111 Asceleta Hammond PRINTED3177103 Page 36 of 45 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 2 9 th day of April 2003 by C. WH LUM HARGETT, JR., as City Manager of the City of Pompano Beach, Florida, a municipal corporation, on behalf of the municipal corporation, who is personally known to me. NOTARY'S S �IIIIIINfq���i Cj • 'O,SSIONE ••'LO /may 2 �.•V4�a�y 7, 2 "�09 Z #DD 148711 : p � �BLIC�5�P�E������ / y/l/11 t1 I IIt%% STATE OF FL00 COUNTY OF BROWARD NOTARY PUBLIC, STATE OF FLORIDA Asceleta Hammond (Name of Acknowledger Typed, Printed or Stamped) Commission Number The foregoing instrument was acknowledged before me this 2 9 th day of April � 2003 by MARY L. CHAMBERS as City Clerk of the City of Pompano Beach, Florida, a municipal corporation, on behalf of the municipal corporation, who is personally known to me. NOTARY'S SEAL: 'ow AI HAMk,���i Jary 7 �Z #DD 148711 �� "o. /,///;Rll N11 1111� Off````, NOTARY PUBLIC, STATE OF FLORIDA Asceleta Hammond (Name of Acknowledger Typed, Printed or Stamped) Commission Number Page 36a of 45 TOWN OF SOUTHWES_RANCHES through its Mayor, authorized to execute same by Council action on the .8day of. AW 2003. TOWN OF SOUTHWEST RANCHES, FLORIDA c By: w MECCA FINK, MAYOR ATTEST: I 01ir W-.A 5�10 E111111ISM f. . APPROVED AS TO FORM AND CORRECTNESS G6ARY A. • �ji" TOPATTORNEY PRINTED 411103 Page 37 of 45 CITY OF SUN SE through its Mayor, authorized to execute same by Commission action on theay of 1, 2003. CITY OF SUNRISE, FLORIDA BY: Z44C I Steven B. Feren, Mayor This;©day of ,,) , 2003. AUTHENTI Felicia M/Hravo, City (SEAL) Approved as to Form and Legal Sufficiency Office of the City Attorney, Sunrise, Florida. Jeffrey D. Olson, City Attorney City of Sunrise 10770 W. Oakland Park Boulevard Sunrise, Florida 33351 .n.r--y- -- InCAN 7AG ')'2nn PRINTED V 03 Page 38 of 45 CITY OF TAMARAC through its Mayor, authorized to execute same by Commission action on thed0day of L"t, , 2003. By: l�l / �ti-Sc.�-rC/, fo.✓ Marion Swenson, CMC Date: A! CITY OF TAMARAC By: Joe Sc eiber, Mayor Date: o 7 By: JeffiqL. Aller, City Manager Date: •�� Approved as to form and legal Sufficiency: y_ 7 1 Lk�v Mitchell S. kraff, ity Attorney PRINTED 4/VO3 Page 39 of 45 CITY OF WESTON through its Mayor, authorized to execute same by Commission action on the Q Pr _day of , 2003. rv101*119 Patricia A. Bates, City Clerk Approved as to form and legality for the use of and reliance by the City of Weston only: c Jamie an Cole, City Attorney 2 J d c 003. CITY OF WESTON, through its City Commission By: Eric M. HeA, Mayor N day of _ -2003. BY,t" Jo�A- F1' , City Manager aTS"" day of�2003. #21038 vl - Resolution 2003-59 Interlocal Agreement for Public School Facility Planning Page 40 of45 CITY OF WILTON MANORS through its Mayor, authorized to execute same by Council action on the day of A,2 , 2003. CITY OF WILTON MANORS, FLORIDA By: ! 5 &Z-": , J STORK, MAYOR ATTEST: APPROVED AS TO FORM: By: y. ANGELA . SCOTT, CMC/AAE CITY CLERK PRINTED3117103 Page 41 of 45 EXHIBIT "A" ADDRESS AND NOTICE LIST Superintendent of Schools The School Board of Broward County, Florida 600 Southeast Third Avenue Fort Lauderdale, Florida 33301 Dept. of Planning & Environmental Protection Broward County, Florida 218 South West 1st Avenue Fort Lauderdale, Florida 33301 City Manager City of Coconut Creek 4800 West Copans Road Coconut Creek, FL 33063 City Manager City of Cooper City 9090 SW 50th Place Cooper City, FL 33329 City Manager City of Coral Springs 9530 West Sample Road Coral Springs, FL 33065 City Manager City of Dania Beach 100 West Beach Boulevard Dania Beach, FL 33004 Town Administrator Town of Davie 6591 Orange Drive Davie, FL 33314 City Manager City of Deerfield Beach 150 N.E. 2nd Avenue Deerfield Beach, FL 33441-3598 PRINTED 4r1/03 Page 42 of 45 City Manager City of Fort Lauderdale 100 North Andrews Avenue Fort Lauderdale, FL 33301 City Manager City of Hallandale Beach 400 South Federal Highway Hallandale, FL 33009 City Manager City of Hollywood 2600 Hollywood Boulevard Hollywood, FL 33022 City Manager City of Lauderdale Lakes 4300 N. W. 36 Street Lauderdale Lakes, FL 33319 City Manager City of Lauderhill 2000 City Hall Drive Lauderhill, FL 33313 Richard Coker Lazy Lake City Attorney 644 SE 5th Avenue Fort Lauderdale, FL 33301 City Manager City of Margate 5790 Margate Boulevard Margate, FL 33063 City Manager City of Miramar 6700 Miramar Parkway Miramar, FL 33023 City Manager City of North Lauderdale 701 S.W. 71 Avenue North Lauderdale, FL 33068 PRINTED 4AI03 Page 43 of 45 City Manager City of Oakland Park 3650 N. E. 12th Avenue Oakland Park, FL 33334 City Manager City of Parkland 6600 University Drive Parkland, FL 33067 Town Manager Town of Pembroke Park 3150 SW 52na Avenue Pembroke Park, FL 33023 City Manager City of Pembroke Pines 10100 Pines Boulevard Pembroke Pines, FL 33026-3900 Mayor City of Plantation 400 N. W. 73 Avenue Plantation, FL 33317 City Manager City of Pompano Beach 100 West Atlantic Boulevard Pompano Beach, FL 33060 Town Administrator Town of Southwest Ranches 6589 SW 160t' Avenue Southwest Ranches, FL 33331 City Manager City of Sunrise 10770 West Oakland Park Blvd. Sunrise, FL 33351 City Manager City of Tamarac 7525 N. W. 88 Avenue Tamarac, FL 33321-2401 with a copy to: Gary A. Poliakoff, Town Attorney 3111 Stirling Road Fort Lauderdale, FL 33312 PRINTED 411103 Page 44 of 45 City Manager City of Weston 2500 Weston Road, Suite 101 Weston, FL 33331 City Manager City of Wilton Manors 524 NE 21 st Court Wilton Manors, FL 33305 PRINTED 411103 Page 45 of 45 KATZ, BARRON, SQUITERO, .FAUST & BOYD, P.A. ATTORNEYS A'i' LAW FRANK T. ADAMS BERNARD ALLEN MARKS.AUERBACHER ROBERT H. BLANK W. TODD BOYD CHARLES D. BRECKER MELISSA S. CHANNING JORGE I.G. DEL VALLE ERICA L. ENGLISH MARC L. FAUST HOWARD L. FRIEDBERG ALAN L. GABRIEL ROBERT C. GRADY ANA C. HARRIS ELIZABETH A. HEISE MATHAIJACOB MICHAEL D. KATZ NICOLE T. KOPELOWITZ ANNA KRIMSHTEIN ROBERT B. MCCAUSLAND MARIA C. MONTENEGRO ALICIA MORALES-FERNANDEZ RICHARD A. MORGAN CARLOS E. MUSTELIER JR. JOSE R. RIGUERA WILLIAM D. ROHRER JONATHAN C.SHAMRES JOHN R. SQUITERO MICHELE L. STOCKER DENNIS M. STOTTS Marion Swenson, City Clerk City of Tamarac 7525 N. W. 88 Avenue FIRST FT. LAUDERDALE PLACE 100 N.E. THIRD AVENUE, SUITE 280 FT, LAUDERDALE, FLORIDA 33301 BROWARD: (954) 522-3636 • (954) 781-4720 MIAMI-DADE (305) 856-2444 TELECOPIER: (954) 522-5119 www.k,gtzbarron.coni June 3, 2003 Tamarac, FL 33321-2401 Re: Certified Copy of Remaining Executed Signature Pages Dcar Ms. Swenson: RONALD M.BARRON (1945 - 1994) OF COUNSEL. ROXANNE K. BEILLY ROGER S. GOLDMAN RICHARD MORTON LAWRENCE N. ROSEN, P.A. WILLIAM A. ZEIHER, P.A. MIAMI OFFICE: 2699 SOUTH BAYSHORE DRIVE SEVENTH FLOOR MIAMI, FLORIDA 33133-5408 TELEPHONE: (305) 856-2444 TELECOPIER: (305) 285-9227 We are pleased to advise you that the City of Dania Beach and the City of Miramar have both approved and executed the Interlocal Agreement for Public School Facility Planning. As of May 20, 2003, all twenty-six (26) non-exempt municipalities in Broward County have executed this Agreement. Enclosed please find a certified copy of the executed signature page for the City of Dania Beach and for the City of Miramar. Please replace the unexecuted pages 19 and 29 of your certified copy of the Interlocal Agreement with these two executed pages to have a fully executed copy of the Interlocal Agreement for Public School Facility Planning for your records, The City of Dania Beach and the City of Miramar signature pages were transmitted to the Department of Community Affairs for inclusion in the previously submitted Broward County Interlocal Agreement on May Lu, 200-1. Should you have any questions, please feel free to contact me. V fi Ujy your, ALAN L.GABRIEL AL,C,/kgc/SB cert sig pgs transmittal In - Enclosure cc: Mayor (without. Enclosure) City Manager (without Enclosure) City Attorney (witltout Enclosure) City Contact Person (without Enclosure) Edward Marko, General Counsel, The Broward County School Board (without Enclosure) Chris Akagbosu, Coordinator, Broward Public Schools (without Enclosure) CITY OF DANIA REAC.'11 through its Mayor, authorized to execute sane by C'ossion action on the 22 day of' April. 2007. ATTEST: Charlene John CITY CLERK SIM D: MAY 20, 2003 APPROVED FOR FORM AND COR-RECTNESS: BY: l"homas .1. Ansbro, Esquire CITY ATTORNEY CITY OF DANIA BBACI-1, a Florida municipal coij)oratiora BY: - .. Rober� Anton MAYOR -COMMISSIONER i BY: jean,?af o CITY MANAGER I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE ORI "INAL �..4 Kathleen G Clark *My Commission CC838293 ',�'r» / Expires June 11 2003 PRINTED 411103 Page 79 of45 CITY OF MIRAMAR through its City Manager, authorized to execute same by Commission action on then day of _-1�, 2003. WITNESSES: - 'C2�`'-- /vi rc% 0-4- ATTEST: J-q vt�(-' ler�- k (CORPORATE SEAL) CITY Or MIRAMAR Day of - " _—, 2003. APPROVED AS TO FORM: BY- i Attorney — I HEREBY CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL Kathleen G Clarn my cninmission CC838293 �'•,s' Expires June- 11 2003 PRINTED 41110.3 Page 29 of 45 KATZ, BARRON, SQUlTF-T?0 & FAUST, P.A. ATTORNFYS AT LAW FIRST FORT LAUDCRDALE PLACE 100 N.E. THIRD AVENUE SUITE 280 FT. LAUDERDALE, FLORIDA 33301 Manor Swc.-,son, C Clork CI L v of 'I aii�arac 7'525 N. 'N, '38 Mcnluc Tamarac, R, 3.3321-'240'