Proposed Tri-County Humane Society PI t City-Owned Property in Unincorporated Palm Beach County Lullis M. Ritter Animal Shelter/21287 Boca Rio Road

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1 CITY HALL 201 WEST PALMETTO PARK ROAD BOCA RATON, FLORIDA PHONE: (561) (FOR HEARING IMPAIRED) TOO: (561) SUNCOM: (561) INTERNET: May 13, 2014 TO: FROM: SUBJECT: Mayor and City Council Leif J. Ahnell, C.P.A., C.G.F.O. City Manager Proposed Tri-County Humane Society PI t City-Owned Property in Unincorporated Palm Beach County Lullis M. Ritter Animal Shelter/21287 Boca Rio Road RECOMMENDATION: I recommend approval of this Resolution which authorizes the City Manager, or his designee, to execute such documents as are necessary to process the Tri-County Humane Society Plat ("Plat") on behalf of the City of Boca Raton as owner of the real property located at Boca Rio Road in unincorporated Palm Beach County and operated as the Lullis M. Ritter Animal Shelter ("Shelter") and to execute the final County-approved Plat. BACKGROUND: In 1987, the City of Boca Raton acquired 9.4 acres of land located at Boca Rio Road in unincorporated Palm Beach County and improved with the Lullis M. Ritter Animal Shelter ("Property") from the Boca Raton Humane Society, Inc. ("BRHS"). At the time of transfer, the land was platted as the Boca Raton Humane Society Inc. Animal Care Center and Pet Cemetery. Contemporaneously with the City's acquisition of the Property, Palm Beach County ("County") assigned to the City that certain lease between BRHS and the County for acres of a 19-acre, County-owned parcel adjacent to the Property ("Bird Sanctuary"). The City operated the shelter until 2001 when the Tri County Humane Society, Inc. ("TCHS") formally assumed operations by virtue of a Turnkey Operations and Maintenance Agreement with the City. In February of 2005, that agreement was replaced by a long-term lease between the City and TCHS and in June of 2005, the County assigned to TCHS, as successor lessee to the City, the lease for the Bird Sanctuary. Five years subsequent to the assignment of the lease to TCHS, the County split the Bird Sanctuary parcel by deeding the 5 acres west of the Property to the City and the remaining acreage to The Haven. On March 12, 2014, the County approved a site plan for the expansion of the Shelter including a new 9,000 square foot isolation rescue center. As a condition of the approval, Palm Beach County has requested that TCHS replat the property to add the 5-acre portion of the Bird Sanctuary to the previously platted 9.4 acres ("Combined Property"). The proposed plat entitled Tri-County Humane Society ("Plat") has been prepared by Avirom & Associates, Inc. and is attached as Exhibit "1" of the resolution. The final County-approved Plat requires execution by the ownership entity and this resolution, if approved, would authorize the City Manager, or his designee, to execute such documents as are necessary to process the Plat and to execute the final County-approved Plat on behalf of the City as owner of the Combined Property. The Plat contains all of the easements appearing on the original plat and also reflects the 2009 expansion of Boca Rio Road as well as future road expansion. The transfer of future roadway to the County was also a condition of site plan approval approval. It should be noted, however, that the transfer of City property to the County for roadway expansion will be subject to separate City Council review and approval and the County will not record the final plat until City Council approval has been received. ro 1;6<9 Printed on recycled paper. - AN EQUAL OPPORTUNITY EMPLOYER-

2 Tri-County Humane Society Plat Page 2 TCHS has also announced a name change to Tri County Animal Rescue and an amendment to the lease between the City and Tri County Animal Rescue will follow the formal name change and recordation of the Plat. The Utility Services Department and the Municipal Services Department both support the processing and final execution of the Plat. This Resolution serves as the vehicle for the City Council to authorize the City Manager, or his designee, to execute such documents as are necessary to process the Plat on behalf of the City and to execute the final County-approved Plat. FISCAL IMPACT: TCHS is assuming all of the expense of the Plat including County application fees, surveying, engineering and title certification. The City will be provided with a copy of the title certification. Accordingly, there is no expense to the City. This document originated by: Carolyn D. Bodor, SRPA C...\) f1. Property Specialist/Appraiser

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4 1 WHEREAS, on February 23, 2005, the City Council passed and adopted Ordinance 2 No authorizing, in part, a long-term lease agreement with Tri-County Humane Society, 3 Inc. ("TCHS") for the Property to facilitate TCHS's operation of the Lullis M. Ritter Animal Shelter 4 ("Animal Shelter"); and 5 WHEREAS, on June 7, 2005, County assigned to TCHS, as successor lessee to City, 6 the lease for the Bird Sanctuary; and 7 WHEREAS, on June 8, 2010, the City approved and accepted a deed from Palm 8 Beach County for a 5-acre portion of the Bird Sanctuary to allow expansion of the Animal 9 Shelter; and 10 WHEREAS, in line with said expansion, the County has requested that TCHS petition 11 for a new plat of the Property and portion of the Bird Sanctuary ("Combined Property"); and 12 WHEREAS, Neal Janov, P.E., Diversified Construction and Engineering Services, 13 Inc., agent for TCHS, has requested that the City execute such documents as are necessary to 14 process the Tri-County Humane Society Plat ("Plat"), a proposed copy of which is attached 15 hereto as Exhibit "1", and to execute the final County-approved Plat; and 16 WHEREAS, the City of Boca Raton desires to authorize the City Manager, or his 17 designee, to execute such documents as are necessary to process the Plat on behalf of the City 18 as owner of the Combined Property and to execute the final County-approved Plat; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOCA 21 RATON: Section 1. The City Council hereby authorizes the City Manager, or his designee, to 24 execute such documents as are necessary to process the Plat and to execute the final County- 25 approved Plat, a proposed copy of which is attached hereto as Exhibit "1 ". 26 2

5 1 Section 2. If any section, subsection, clause or provision of this resolution is held 2 invalid, the remainder shall not be affected by such invalidity. 3 Section 3. All resolutions or parts of resolutions in conflict herewith shall be and 4 hereby are repealed. 5 Section 4. This resolution shall take effect immediately upon adoption. 6 PASSED AND ADOPTED by the City Council of the City of Boca Raton this 7 day of, CITY OF BOCA RATON, FLORIDA ATTEST: Susan Haynie, Mayor Susan S. Saxton, City Clerk ~~ Lifl COUNCIL VOTE YES MAYOR SUSAN HAYNIE DEPUTY MAYOR CONSTANCE J. SCOTT COUNCIL MEMBER MICHAEL MULLAUGH COUNCIL MEMBER SCOTT SINGER COUNCIL MEMBER ROBERTS. WEINROTH NO ABSTAINED 3

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