Broward County Commission Regular Meeting


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AI-16793 47.       
Meeting Date: 05/13/2014  
Director's Name: Thomas Hutka
Department: Public Works Division: Real Property

Information
Requested Action
MOTION TO APPROVE First Amendment to Revocable License Agreement between Broward County as Licensor and Collier City/Pompano Beach Community Development, Inc., a Florida not-for-profit corporation as Licensee, extending the term of the License Agreement for one-year through May 14, 2015 for approximately 5.89 acres of County-owned property located at 3100 North Powerline Road in Pompano Beach at $1 per year payable in advance; and authorize the Mayor and Clerk to execute same. (Commission District 4)

ACTION:  (T-10:27 AM)  Approved.

VOTE:  9-0.
Why Action is Necessary
Board of County Commissioners' approval is required to approve an amendment to an agreement pursuant to Broward County Administrative Code, Section 6.23.
What Action Accomplishes
Provides Collier City/Pompano Beach Community Development a one-year license extension for the continued use of 5.89 acres of County-owned property located at 3100 North Powerline Road in Pompano Beach for an aquaculture and hydroponics operation.
Is this Action Goal Related
Previous Action Taken
None
Summary Explanation/ Background
THE PUBLIC WORKS DEPARTMENT/FACILITIES MANAGEMENT DIVISION/REAL PROPERTY SECTION AND THE OFFICE OF ECONOMIC AND SMALL BUSINESS DEVELOPMENT RECOMMEND APPROVAL OF THE ABOVE MOTION.

On June 8, 1999, Item No. 2, the Board of County Commissioners approved the Revocable License Agreement between the County as Licensor and Collier City/Pompano Beach Community Development, Inc. as Licensee for approximately 5.89 acres of County-owned property located at 3100 North Powerline Road in Pompano beach for the development of an aquaculture and hydroponics complex to facilitate the training and employment of aquaculture and hydroponics staff. It was anticipated that this complex would have as its economic benefits infusion of new technical employment, creation of full-time and part-time jobs, free training, fresh fish and vegetables, spinoff businesses in product sales and shipping and the attraction of revitalization monies. The Agreement commenced on May 15, 1999 for a maximum 15-year term automatically renewable annually upon 60-day notice to the County of Licensee’s intention to renew.

In accordance with Florida Statutes, Section 125.38, the County may license County-owned property to "not for profit" organizations for the purposes of promoting community interest and welfare. In an effort to substantiate that Licensee's use of the licensed property continues to promote community interest and welfare, the Office of Economic and Small Business Development requested certain information, documentation and evidence from the Licensee on numerous occasions over the last several years. These requests were never fully satisfied by the Licensee. 

Following a series of meetings, and/or contacts between March 2012 and September 2013, on December 20, 2013, the Real Property Section formally notified the Licensee that since the majority of the items requested by the Office of Economic and Small Business Development had not been submitted by the established deadline, the License Agreement would not be renewed at the end of its term of May 14, 2014. 

On May 1, 2014, County staff met again with the Licensee. Staff agreed to present an amendment for the Board of County Commissioners' consideration which provides Licensee with a one-year extension of the License Agreement in its final attempt to have the not-for-profit comply with certain goals and deadlines set by the County to ensure the continued licensing of the property is in compliance with Florida Statutes, Section 125.38. These goals and deadlines are set forth in Exhibit B of the proposed First Amendment to Revocable License Agreement with the understanding that if Licensee fails to meet any of the established goals and deadlines, the County will terminate the Revocable License Agreement pursuant to its termination provision.

Sources of additional information: Purvi A. Bhogaita, Director, Real Property Section, (954) 357-7333; Scott Campbell, Director, Facilities Management Division, (954) 357-5590; Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410; Sandy-Michael McDonald, Director, Office of Economic and Small Business Development, (954) 357-5673.

Fiscal Impact
Fiscal Impact/Cost Summary:
There is no fiscal impact resulting from the extension of this License Agreement.
Attachments
Exhibit 1 - Agreement Summary
Exhibit 2 - First Amendment to Revocable License Agreement
Exhibit 3 - Property Appraiser Data Sheet
Exhibit 4 - Aerial Location Map


    

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