Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Administration
Information
Requested Action
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A. MOTION TO ADOPT Resolution, the title of which is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, MAKING THE DETERMINATIONS REQUIRED BY SECTION 255.065(3)(F), FLORIDA STATUTES, REGARDING THE PROPOSED PUBLIC-PRIVATE PARTNERSHIP PROJECT WITH DEPENDABLE EQUITIES, LLC, FOR DEMOLITION, SITE CLEARING, AND TEMPORARY USE OF BROWARD COUNTY-OWNED PROPERTIES; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
B. MOTION TO APPROVE Comprehensive Agreement between Broward County (“County”) and Dependable Equities, LLC (“Proposer”), providing for demolition and site clearing of Broward County-owned properties located at 400 and 408 NE 4th Street, Fort Lauderdale, Florida 33301 (“Properties”), and temporary use of the Properties for construction logistics and support activities in connection with Proposer’s adjacent Ombelle development. (Commission District 4)
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Why Action is Necessary
A. Section 255.065(3)(f), Florida Statutes, requires the Board of County Commissioners (“Board”), as the responsible public entity, to make certain determinations regarding the proposed project before approving a comprehensive agreement.
B. Board approval is required to approve the use of County-owned property pursuant to Section 6.23 of the Broward County Administrative Code and to enter into the Comprehensive Agreement pursuant to Section 255.065, Florida Statutes.
What Action Accomplishes
Makes the determinations required by Section 255.065(3)(f), Florida Statutes, and authorizes the County to enter into a Comprehensive Agreement with the Proposer, for demolition, site clearing, and temporary use of the Properties for construction logistics and support activities.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
On August 20, 2026 (Agenda Item No. 44), the Board directed the County Administrator to proceed with further evaluation of the unsolicited public-private partnership proposal submitted by the Proposer, as amended by its August 12, 2026, addendum (“Proposal”), and to utilize the process set forth in Section 255.065(3)(c), Florida Statutes, rather than the public bidding process set forth in Section 255.065(3)(b), Florida Statutes.
On September 10, 2026 (Agenda Item No. 52), the Board held the first duly noticed public meeting required by Section 255.065(3)(c), Florida Statutes, at which County staff presented the Proposal and affected public entities and members of the public were provided an opportunity to comment.
On September 22, 2026 (Agenda Item No. 54), the Board held the second duly noticed public meeting required by Section 255.065(3)(c), Florida Statutes, determined that the Proposal was in the public interest, directed the County Administrator to publish in the Florida Administrative Register the report required by Section 255.065(3)(d), Florida Statutes, and directed the County Administrator to proceed with further evaluation and negotiation of a comprehensive agreement with the Proposer, subject to satisfaction of the remaining requirements of Section 255.065, Florida Statutes, and to return any proposed comprehensive agreement to the Board for approval.
Summary Explanation/Background
THE COUNTY ADMINISTRATOR AND THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
Approval of this item provides for the Board’s adoption of the Resolution (to be distributed as additional material) required to make the determinations set forth in Section 255.065(3)(f), Florida Statutes, and approval of a Comprehensive Agreement between Broward County (“County”) and Dependable Equities, LLC (“Proposer”) (“Agreement”). The Comprehensive Agreement (to be distributed as additional material) provides for demolition and site clearing of County-owned properties located at 400 and 408 NE 4th Street, Fort Lauderdale, Florida 33301 (“Properties”), and temporary use of the Properties for construction logistics and support activities associated with the Proposer’s adjacent Ombelle development located at 316 NE 4th Street, for a term of 36 months.
On May 22, 2026, County Administration received an unsolicited proposal from the Proposer concerning County-owned property located at 400 NE 4th Street, Fort Lauderdale, Florida 33301, formerly known as the Sexual Assault Treatment Center (“400 Property”) (Exhibit 1). On August 12, 2026, the Proposer submitted an addendum to its initial proposal (Exhibit 2) requesting inclusion of additional County-owned property located at 408 NE 4th Street, Fort Lauderdale, Florida 33301 (“408 Property”).
Under the original Proposal, the Proposer offered to demolish the existing County-owned structure and perform site clearing at the 400 Property at its sole cost and expense and requested temporary use of the cleared 400 Property and the 408 Property for construction logistics and support activities associated with the Proposer’s adjacent Ombelle mixed-use development. Based on the County’s further evaluation and negotiation of the Proposal, the Proposer agreed to demolish the existing County-owned structure and perform site clearing at the 408 Property. The resulting project therefore includes demolition, site clearing, and temporary use of both Properties for construction logistics and support activities associated with the Ombelle development.
On August 20, 2026, the Board directed the County Administrator to proceed with further evaluation of the Proposal and to initiate the process set forth in Section 255.065(3)(c), Florida Statutes. On September 10, 2026, the Board held the first duly noticed public meeting required by Section 255.065(3)(c), Florida Statutes. At that meeting, County staff presented the Proposal, and affected public entities and members of the public were provided an opportunity to comment. No public comments regarding the Proposal were received.
On September 22, 2026 (Agenda Item No. 54), the Board held the second duly noticed public meeting required by Section 255.065(3)(c), Florida Statutes, and adopted Resolution No. 2026-395 (Exhibit 3), setting forth the Board’s findings regarding the statutory factors and determining that the Proposal was in the public interest. The Resolution also directed the County Administrator to publish the report required by Section 255.065(3)(d), Florida Statutes, in the Florida Administrative Register for at least seven days and to proceed with further evaluation and negotiation of a comprehensive agreement with the Proposer.
The report required by Section 255.065(3)(d), Florida Statutes, was published in the Florida Administrative Register for the required period from September 23 through October 2, 2026 (Exhibit 4).
Following the Board’s September 22, 2026, direction, County staff negotiated the proposed Agreement with the Proposer. The Agreement provides for demolition of the existing County-owned structures and site clearing at the Properties at the Proposer’s sole cost and expense and grants the Proposer temporary use of the Properties for construction logistics and support activities associated with the Ombelle development for a term of 36 months.
Before approving a comprehensive agreement, Section 255.065(3)(f), Florida Statutes, requires the Board to make certain determinations regarding the proposed project. Motion A adopts a Resolution making the applicable statutory determinations, including that the proposed project has been determined to be in the public interest pursuant to Section 255.065(3)(c), the Properties are owned by the County; and the proposed project contains the safeguards required by Section 255.065(3)(f), Florida Statutes.
The County has also completed the independent analysis required by Section 255.065(5)(d), Florida Statutes, demonstrating the cost-effectiveness and overall public benefit of the proposed public-private partnership (Exhibit 5). The required independent analysis also includes the applicable financial information identified for consideration under Section 255.065(3)(g), Florida Statutes.
Having completed the applicable statutory process for the unsolicited Proposal, staff recommends approval of the Resolution and the Agreement.
This item has been reviewed for legal sufficiency by the County Attorney’s Office.
Source of Additional Information
Dr. Jennifer Jurado, Deputy Director, PWESD, 954-519-1464.
Fiscal Impact
Fiscal Impact/Cost Summary
There is a cost benefit to the County in the form of avoided demolition and maintenance costs, as well as annual revenues for temporary access and use.