HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-0521
Temp. Reso. #10654
February 28, 2005
Page 1.
Revision #1 3/16/05
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2005-:5 Z
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH BROWARD
COUNTY ACCEPTING A GRANT AWARD UP TO THE
AMOUNT OF $1,600,000 FOR THE ACQUISITION,
IMPROVEMENT, ENHANCEMENT, OPERATION AND
MANAGEMENT OF OPEN SPACE SITE OS-117
WATER'S EDGE PARK (A.K.A. SHATHER PARCEL)
AND ACCEPTING THE CONCEPTUAL OPEN SPACE
PARK MANAGEMENT PLAN INCLUDED IN THE
AGREEMENT FOR THE DEVELOPMENT OF OS-117;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS,
UPON APPROVAL AND RECEIPT OF THE
INTERLOCAL AGREEMENT BY BROWARD COUNTY,
TO EXECUTE AND RECORD THE DECLARATION OF
RESTRICTIVE COVENANTS AND RETURN TO THE
COUNTY FOR FUNDING; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to
provide its residents and visitors a higher level of service by enhancing and
improving its outdoor recreation facilities and environment; and
WHEREAS, the City Commission of the City of Tamarac via resolution
number R-2004-59 authorized the purchase of the parcel of land known as the
Shather Parcel, located east of University Drive and south of NW 61 Street in the
City of Tamarac, and included the City's intent to seek reimbursement through an
Temp. Reso. #10654
February 28, 2005
Page 2
Revision #1 3/16/05
application to the Broward County Land Acquisition Program for costs associated 0
with acquiring the parcel; and
WHEREAS, the City of Tamarac acquired the parcel, which is on the
Broward County open space inventory as Site OS-1 17 Water's Edge Park
(A.K.A. Shather Parcel) and is in the City of Tamarac; and
WHEREAS, The City of Tamarac is willing to enter into the Interlocal
Agreement with Broward County (attached hereto as Exhibit 1) providing for
reimbursement of costs associated with the acquisition of the parcel and to
execute the Declaration of Restrictive Covenants (attached hereto as Exhibit 2)
upon execution of the Interlocal Agreement with Broward County; and
WHEREAS, the City of Tamarac and Broward County have prepared a
Conceptual Open Space Park Management Plan (attached hereto as Exhibit B of
Exhibit 1) which includes obligations of the City; and
WHEREAS, the City of Tamarac has included development of Site OS -
117 Water's Edge Park (A. K.A. Shather Parcel) in its Five Year Capital
Improvement Program and agrees to abide by the mutually agreed upon Open
Space Park Management Plan; and
WHEREAS, the Assistant City Manager and the Parks and Recreation
Director recommend executing the Interlocal agreement (hereto attached as
Exhibit 1) providing for reimbursement of acquisition costs for the parcel and
executing the Declaration of Restrictive Covenants upon receipt of the executed
Interlocal Agreement from Broward County; and I
I
I
I
Temp. Reso. #10654
February 28, 2005
Page 3
Revision #1 3/16/05
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it
to be in the best interest of the citizens and residents of the City of Tamarac to
enter into an Interlocal Agreement with Broward County accepting grant funding
of up to $1,600,000 (plus appropriate closing costs to include appraisals, survey,
environmental site assessment, title search and recording fees) for the
acquisition, improvement, enhancement, operation and management of Open
Space Site OS- 117 Water's Edge Park (A. K.A. Shather Parcel) and, upon
approval and receipt of the Interlocal Agreement by Broward County, to execute
the Declaration of Restrictive Covenants with return to the County for recording
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: The appropriate City Officials are hereby authorized
to execute an Interlocal Agreement with Broward County for the acquisition,
improvement, enhancement, operation and management of Open Space Site
OS-1 17 Water's Edge Park (A.K.A. Shather Parcel) hereto attached as Exhibit 1.
Temp. Reso. #10654
February 28, 2005
Page 4
Revision #1 3/16/05
SECTION 3: The appropriate City Officials are hereby authorized,
upon receipt of the executed Interlocal Agreement from Broward County for OS-
117 Water's Edge Park (A, K.A. Shather Parcel) to execute the Declaration of
Restrictive Covenants (attached hereto as Exhibit 2) and to return this document
to the County for recording.
SECTION 4: That the City of Tamarac will abide by the obligations
set forth within the Conceptual Open Space Park Management Plan and
according to the timeline contained in the Conceptual Open Space Park
Management Plan.
SECTION 5: That those obligations will remain in the Five Year
Capital Improvement Program until they have been completed.
SECTION 6: All resolutions or parts of resolutions in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 7: 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 application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
F-
I
I
---7
L I
I
d
Temp. Reso. #10654
February 28, 2005
Page 5
Revision #1 3/16/05
SECTION 8: This Resolution shall become effective immediately
upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this 23 d day of March, 2005.
ATTEST:
q SWE'NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAFT
CITY ATTORNEY
;k(
�OE SCHREIBER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
COMM. FLANSBAUM-TAL
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
BWSEP 12 PH P 09
cAR'
NTY REtEIVED
F L 0 R I D I�AY OF TAWPAC
'1UT4
ENVIRONMENTAL PROTECTION ISE al Resources Division
Mailing Address: 115 South Andrews Avenue, Room A-240 - Fort Lauderdale, Florida 33301
954-519-1230 - FAX 954-519-1412
September 8, 2005
Diane Phillips
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321
Dear Ms. Phillips:
U,
0%'4. K- 41
Enclosed please find the following:
Z
Original executed interlocal agreement and declaration of restrictive covenants
for OS-117 Waters Edge Park;
Copy of recorded interlocal agreement and declaration of restrictive covenants
for OS-117 Waters Edge Park;
Original executed interlocal agreement and declaration of restrictive covenants
for OS-118 Swim Central Addition; and
-�DP Copy of recorded interlocal agreement and declaration of restrictive covenants
for OS-118 Swim Central Addition.
Thank you for your assistance in completing these agreements.
Land
Administrator
rn
-n rn
Broward County Board of County Commissioners
Josephus Eggelletion, Jr. - Ben Graber - Sue Gunzburger - Kristin D. Jacobs - Ilene Lieberman - John E. Rodstrom, Jr. - Jim Scott - Diana Wasserman -Rubin - Lois Wexler
www.broward.org
eF6,�� - 5
Return recorded document to:
Environmental Protection Department
Land Preservation Section
218 SW 1 st Avenue
Ft. Lauderdale, FL 33301
Document prepared by:
Sharon L. Cruz, Interim County Attorney
Suite 423, Governmental Center
115 South Andrews Avenue
Fort Lauderdale, FL 33301
INTERILOCAL AGREEMENT FOR THE
ACQUISITION, IMPROVEMENT, ENHANCEMENT,
OPERATION AND MANAGEMENT OF
OPEN SPACE SITE OS-1 17 WATER'S EDGE PARK
This is an Interlocal Agreement, made and entered into by and between:
BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred
to as "COUNTY,"
AND
CITY OF TAMARAC, a Florida municipal corporation, created and existing under
the laws of the State of Florida, hereinafter referred to as "CITY."
WHEREAS, CITY is: (i) acquiring conservation, green space or open space land
with proceeds of the Bonds (hereinafter defined within Section 1.7 of this Agreement),
or (ii) receiving reimbursement from proceeds of the, Bonds for -the prior acquisition of
such lands, or (iii) receiving title from COUNTY to such lands previously acquired by
COUNTY involving the proceeds of the Bonds; and
WHEREAS, this Agreement is entered into in order to impose terms, conditions,
and restrictions on CITY's use of Bond proceeds on lands acquired by CITY with Bond
proceeds or on lands for which CITY received reimbursement from Bond proceeds for
prior acquisition or on lands acquired by COUNTY which are transferred to CITY; and
WHEREAS, this Agreement is entered into pursuant to § 163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and
CAF#550
01/24/05 Revised
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the
interest on the Bonds is excluded from the gross income of Bondholders for federal
income tax purposes; and
WHEREAS, it is the purpose and intent of the parties to this Interlocal
Agreement, to permit COUNTY and CITY 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 in
the manner that will best accord with the existing resources available to each of them
and with the needs and developments within their respective jurisdictions; and
WHEREAS, CITY and COUNTY desire to enter into a cooperative agreement
regarding the acquisition, preservation, improvementlenhancement, operation and
management of a parcel of property described in Exhibit "A," attached hereto and made
a part hereof and hereinafter referred to as the "Site"; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
BACKGROUND, PURPOSE, INTENT AND DEFINITIONS
1.1 The above recitals are true and correct and incorporated herein as if set forth in
full hereunder.
1.2 It is the purpose and intent of this Interlocal Agreement for COUNTY and CITY,
pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a
means by which each governmental entity may exercise its respective powers,
privileges and authorities which they share in common and which each might
exercise separately in order to further a common goal.
1.3 In the event Bond Counsel opines that an amendment is required to this
Agreement so that the tax-exempt status of the Bonds is not jeopardized, CITY
and COUNTY agree to amend the Agreement accordingly.
1.4 In order to further the efforts to be undertaken by COUNTY in connection with the
acquisition, preservation, improvement/enhancement, operation and
management of the Site, the parties hereto acknowledge and agree to cooperate
with each other to the fullest extent reasonably necessary to accomplish the
mutual desire of the parties that the project be successfully completed.
CAF#550
01/24/05 Revised
2
1.5 This Agreement and the covenants and restrictions contained herein shall run
with the Site and shall bind, and the benefits shall inure to, respectively COUNTY
and CITY and their respective successors and assigns.
1.6 This Agreement will be effective upon execution by both parties.
1.7 Definitions - For the purposes of this Agreement and the various covenants,
conditions, terms and provisions which follow, the definitions and identifications
set forth below are assumed to be true and correct and are agreed upon by the
parties.
"Bonds" shall mean the Broward County, Florida General Obligation Bonds
issued in one or more series pursuant to Resolution 2000-1062 and Resolution
2000-1063 adopted by the Board of County Commissioners of Broward County
relative to parks and/or conservation lands, green space and open space lands.
"Bond Restrictions" shall mean the terms, conditions, and limitations imposed by
any resolution adopted by. the Board of County Commissioners of Broward
County authorizing the issuance of Bonds and the official statement and the
terms, conditions, and limitations contained in any contracts, covenants or.
instruments executed in connection with the Bonds.
"Disallowable Activities" shall mean those activities and uses not consistent with
the Bond Restrictions or those activities or uses prohibited by those restrictive
covenants or conservation easements required by this Agreement or those
activities or uses set forth within Article 5 of this Agreement.
ARTICLE 2
MANAGEMENT PLAN
If the Site is Conservation Lands or Green Space, a Conceptual Resource Management
Plan which broadly describes the proposed use of the Site and the manner in which the
CITY proposes to preserve and enhance the Site shall be attached as Exhibit "B." If the
Site is Open Space land, a Conceptual Open Space Park Management Plan which
broadly describes the proposed use of the Site as open space shall be attached as
Exhibit "B."
ARTICLE 3
ACQUISITION BY CITY
OR TRANSFER OF TITLE
3.1 CITY shall purchase or has purchased the Site without COUNTY participation in
the acquisition. COUNTY shall reimburse the CITY up to the grant amount of
CAF#550
01/24/05 Revised
K
$1,600,000 (plus appropriate closing costs to include appraisals, survey,
environmental site assessment, title search and recording fees) approved by the
Land Preservation and Acquisition Advisory Board (LPAAB) and the Broward
County Commission upon receipt of the following:
3.1.1 A copy of the recorded deed for the Site; AND
3.1.2 FOR OPEN SPACE SITES - An executed Declaration of Restrictive
Covenants acceptable to the COUNTY, which shall include such
covenants and restrictions sufficient to ensure that the use of the Site at all
times complies with the Bond Restrictions. COUNTY shall record the
Declaration of Restrictive Covenants.
FOR CONSERVATON OR GREEN SPACE SITES — An executed
Conservation Easement acceptable to the COUNTY, which shall include
such covenants and restrictions sufficient to ensure that the use of the Site
at all times complies with the Bond Restrictions. COUNTY shall record
the Conservation Easement.
AND
3.1.3 A performance bond, letter of credit or a resolution of the CITY acceptable
to the COUNTY indicating that the obligations set forth in the Conceptual
Resource or Open Space Park Management Plan will be included within
the CITY's 5 Year Capital Improvements Program as set forth within the
timeline contained in the Conceptual Resource or Open Space Park
Management Plan. The performance bond, letter of credit or resolution
shall guarantee the CITY's performance of the obligations set forth in the
Conceptual Resource or Open Space Park Management Plan which will
include, at a minimum, securing the site, removing trash and debris,
removing invasive exotic species, replanting native vegetation, providing
for public access and establishing a timeline for the completion of these
activities.
3.2 In addition to the above requirements, each parcel to which CITY acquires title to
the Site shall be subject to such covenants and restrictions as are, at a minimum
sufficient to ensure that the use of the Site at all times complies with the
applicable trust indenture(s) under which the Bonds are issued and any provision
of the Internal Revenue Code or the regulations promulgated thereunder that
pertain to tax-exempt bonds.
3.3 Any payments will be made payable to CITY and forwarded to CITY at:
CAF#550
01/24/05 Revised
4
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
ARTICLE 4
GENERAL CONDITIONS
4.1 The amount of the performance bond, letter of credit or capital improvement
funding shall be determined based upon the site modification requirements set
forth within the Conceptual and Final Resource or Open Space Park
Management Plan or Conservation Land Ecological Restoration Plan. In the
event that CITY fails to perform the obligations set forth within the Conceptual
and Final Resource or Open Space Park Management Plan, COUNTY shall be
entitled to proceed under Article 8, Default and Remedy provisions of this
Agreement. CITY shall ensure that the performance bond or letter of credit
remains valid and in full force and effect until CITY's obligation pursuant to the
Conceptual and Final Resource or Open Space Park Management Plan or
Conservation Land Ecological Restoration Plan is performed. Termination or
expiration of the bond or letter of credit prior to CITY's performance of such
obligation, or notice to COUNTY that the bond or letter of credit will expire or has
been canceled or disaffirmed prior to CITY's satisfaction of its obligations
hereunder, shall constitute a default of this Agreement. If a resolution is provided
by the CITY, the removal of the obligations set forth in the Conceptual and Final
Resource or Open Space Park Management Plan or Conservation Land
Ecological Restoration Plan from the CITY's 5 Year Capital Improvements
Program before the obligations have been completed shall constitute a default of
this Agreement. In the event of such a default COUNTY shall be entitled to
proceed under the Article 8, Default and Remedies provisions of this Agreement.
4.2 Conservation Land and Green Space Sites:
4.2.1 CITY shall prepare a Final Resource Management Plan and submit it to
the LPAAB for approval within one (1) year from the date of the title
transfer. Upon approval by the LPAAB, the Plan shall be filed with the
COUNTY. The Resource Management Plan shall describe management
goals and measurable objectives to preserve and enhance the
environmental features of the Site and mitigate any potential
environmental damage. The Resource Management Plan shall include an
implementation schedule detailing CITY's timetable for the enhancement,
improvement and preservation activities. The Resource Management Plan
CAF#550
01/24/05 Revised
5
shall be consistent with COUNTY standards for Conservation Land/Green
Space Sites. Under no circumstances shall organized sports be a
permissible activity on the Site. Any proposed use for the Site shall be
consistent with the terms and conditions contained in the COUNTY's Land
Preservation Bond Program, as set forth in Broward County Resolution
No. 2000-1230.
4.2.2 A Conservation Land Ecological Restoration Plan will be prepared by the
CITY and submitted for approval to the LPAAB for the ecological
restoration of designated Conservation Lands, if present, before any
ecological restoration operation or site development is initiated. The
Conservation Land Ecological Restoration Plan shall contain an ecological
restoration cost projection. After the completion of the ecological
restoration operations in accordance with the Conservation Land
Ecological Restoration Plan, COUNTY shall reimburse CITY for the costs
sustained by CITY to a maximum amount not to exceed
$ N/A within ninety (90) days from the reimbursement
request. COUNTY shall not make any payments to CITY in advance of
the completion of the ecological restoration.
4.3 Open Space Sites: CITY shall prepare a Final Open Space Park Management
Plan and submit it to the LPAAB for approval within one (1) year from the date of
reimbursement by COUNTY or within one (1) year of the closing if the COUNTY
contrib ' uted the grant amount at the time of acquisition. Upon approval by the
LPAAB, the Plan shall be filed with the COUNTY. The Final Open Space Park
Management Plan shall at a minimum set forth how the Site will be used by the
CITY, how much land is necessary to be paved for infrastructure and active
recreation, a requirement that native trees be used in landscaping, clearing of
exotic invasive species and the accessibility of the site to the general public.
Additionally, the CITY shall describe how NatureS&ape Broward principles will be
utilized on the site after development occurs. These principles which include
actions such as reducing the amount of irrigation, fertilizer and pesticide use will
be described in the Final Open Space Park Management Plan. The CITY shall
apply for certification under the Florida Yards & Neighborhoods or Backyard
Wildlife Habitat programs once site development has occurred. The Final Open
Space Park Management Plan shall describe management goals and
measurable objectives. The Final Open Space Park Management Plan shall
include an implementation schedule detailing CITY's timetable for the
enhancement and improvement activities. The Final Open Space Park
Management Plan shall be consistent with COUNTY standards for Open Space
Sites. Any proposed use for the Site shall be consistent with the terms and
conditions contained in the COUNTY's Land Preservation Bond Program, as set
forth in Broward County Resolution No. 2000-1230.
CAF#550
01/24/05 Revised
6
L
4.4 Any amendment to the Final Resource Management Plan or Conservation Land
Ecological Restoration Plan or Final Open Space Park Management Plan shall
not be effective until such time as it is mutually agreed upon by the CITY and the
Land Preservation and Acquisition Advisory Board and filed with the COUNTY.
4.5 Conservation Land and Green Space Sites: CITY shall manage or cause the
Site to be managed in accordance with the approved Final Resource
Management Plan and Conservation Land Ecological Restoration Plan for the
conservation, protection and enhancement of natural resources and for passive,
natural resource -based public outdoor recreation which is compatible with the
conservation, protection and enhancement of the Site, along with other related
uses necessary for the accomplishment of this purpose. CITY covenants that
CITY will not commit waste to or on the Site, and CITY shall use due care and
diligence to prevent others from doing same. CITY covenants to keep and
maintain the Site in good order and condition and, furthermore, covenants that
CITY shall not commit a nuisance on the Site or knowingly permit others to do
so; nor shall CITY itself use the Site for any unlawful purpose, or allow any other
person to do so.
4.6 Open Space Sites: CITY shall manage or cause the Site to be managed in
accordance with Resolution 2000-1230 adopted by the Board of County
Commissioners and the approved Final Open Space Park Management Plan.
CITY covenants that CITY will not commit waste to or on the Site, and CITY shall
use due care and diligence to prevent others from doing same. CITY covenants
to keep and maintain the Site in good order and condition and, furthermore,
covenants that CITY shall not commit a nuisance as set forth in Chapter 823,
F.S., on the Site or knowingly permit others to do so; nor shall CITY itself use the
Site for any unlawful purpose, or allow any other person to do so.
4.7 CITY shall not make enhancements at the Site in conflict with the Final Resource
or Open Space Park Management Plan as described above. CITY shall notify
COUNTY's Contract Administrator of intended enhancements at the Site,
reasonably before implementation of same. CITY shall have all access required
for its enhancement responsibilities. COUNTY acknowledges that COUNTY's
Contract Administrator may need to assist in resolving any conflicts which may
exist between COUNTY departments in order for CITY to properly proceed with
enhancements.
4.8 COUNTY agrees that it will join, cooperate and shall execute such reasonable
documents as may be required by law in connection with grants of easements or
restrictive covenants. The approval of any development or environmental
CAF#550
01/24/05 Revised
7
permits by the COUNTY shall be in accordance with applicable laws and
ordinances.
4.9 COUNTY staff or its duly authorized representatives shall have the right at any
time to inspect the Site and the operations of CITY at the Site.
4.10 If CITY obtains a grant from an agency of the State of Florida for any portion of
the moneys required for the acquisition of the Site or reimbursement of moneys
used to acquire the Site, CITY will use its best efforts to ensure that any reverter
language required by the State includes a commitment by the State (in the event
fee simple title to the Site reverts to the State) that the use of the Site will at all
times comply with the applicable trust indenture(s) under which the Bonds are
issued and any provision of the Internal Revenue Code or the regulations
promulgated thereunder that pertain to tax-exempt bonds.
4.11 Any transfer of title of the Site, excluding transfer of title to the State as set forth
above, shall be subject to the approval of COUNTY and COUNTY shall enter into
a new agreement with the transferee, containing such covenants or clauses, or
other restrictions as are sufficient to protect the interests of the Bond holders.
4.12 If the Land Preservation and Acquisition Advisory Board is no longer in
existence, the Final Resource Management Plan and/or the Conservation Land
Ecological Restoration Plan or Final Open Space Park Management Plan and
any amendments to the Plan shall be submitted to the Board of County
Commissioners for approval.
4.13 CITY agrees to initiate a land use plan map amendment to the Broward County
Land Use Plan and the local Land Use Plan amending the land use designation
of the Site to Recreation and Open Space use or comparable local land use
designation for Open Space Sites or to Conservation for Conservation or Green
Space Sites.
4.14 CITY shall ensure that all activities on the Site comply with applicable local, state,
regional and federal laws and regulations, including zoning ordinances and the
CITY and COUNTY comprehensive plans.
ARTICLE 5
OBLIGATIONS INCURRED BY CITY
AS A RESULT OF BOND PROCEEDS BEING UTILIZED
TO PURCHASE SITE
5.1 If the Site is to remain subject after its acquisition to any of the below listed
activities or interests, CITY shall provide at least sixty (60) days written notice of
CAF#550
01/24/05 Revised
E-1
any such activity or interest to COUNTY prior to the activity taking place, and
shall provide to COUNTY such information with respect thereto as COUNTY
reasonably requests in order to evaluate the legal and tax consequences of such
activity or interest:
5.1.1 Any lease of any interest in the Site to a non -govern mental person
or organization.
5.1.2 The operation of any concession on the Site to a no n-g overn mental
person or organization.
5.1.3 Any sales contract or option to buy things attached to the Site to be
severed from the Site with a non -govern mental person or organization.
5.1.4 Any use of the Site by n on-g overn mental persons other than in
such person's capacity as a member of the general public.
5.1.5 A management contract of the Site with a non -govern mental person
or organization.
5.1.6 Such other activity or interest as may be specified from time to time
in writing by COUNTY to CITY.
5.2 CITY agrees and acknowledges that the following transactions, events, and
circumstances may not be permitted on the Site as they may have negative legal
and tax consequences under Florida Law and federal income tax law. CITY shall
provide at least sixty (60) days written notice of any such activity or interest to
COUNTY prior to the activity taking place, and shall provide to COUNTY such
information with respect thereto as COUNTY reasonably requests in order to
evaluate the legal and tax consequences of such activity or interest.
5.2.1 A sale of the Site or lease of the Site to a non -govern mental person
or organization.
5.2.2 The operation of a concession on the Site by a non -governmental
person or organization.
5.2.3 A sale of things attached to the Site to be severed from the Site to a
non -govern mental person or organization.
5.2.4 Any change in the character or use of the Site from that use
expected at the date of the issuance of any series of Bonds from the
disbursement is to be made.
CAF#550
01/24/05 Revised
9
5.2.5 Any use of the Site by n on -govern mental persons other than in
such person's capacity as a member of the general public.
5.2.6 A management contract of the Site with a non -govern mental person
or organization.
5.2.7 Such other activity or interest as may be specified from time to time
in writing by COUNTY to CITY.
5.3 Delegations and contractual arrangements between CITY and other
governmental bodies, not -for -profit entities, or non -governmental persons for use
or management of the Site will in no way relieve CITY of the responsibility to
ensure that the conditions imposed herein on the Site as a result of utilizing Bond
proceeds to acquire the Site are fully complied with by the contracting party.
ARTICLE 6
IMPROVEMENT, OPERATION
AND MANAGEMENT RESPONSIBILITIES
6.1 COUNTY and CITY agree that CITY shall be solely responsible for the
improvement, operation and management of the Site in accordance with the
terms of this Interlocal Agreement and the Final Resource or Open Space Park
Management Plan.
6.2 CITY agrees that the Site and all its facilities and amenities will be available to all
residents of Broward County for activities set forth within this Agreement and that
any entrance, user or other fees or conditions assessed by CITY will be identical
for all residents of Broward County.
6.3 COUNTY agrees to provide CITY with technical assistance in the implementation
of the Final Resource or Open Space Park Management Plan for the utilization of
the Site, if requested by CITY at no cost to CITY.
6.4 CITY agrees to provide access to COUNTY personnel to provide, if COUNTY so
desires, the public with nature interpretation programs.
6.5 CITY shall be solely responsible to obtain and shall promptly pay all charges for
telephone, gas, water, electricity, sewage, garbage removal and any other utility
used or consumed at the Site.
6.6 COUNTY shall monitor the Site for compliance with the provisions of the Final
Resource or Open Space Park Management Plan for a period of five (5) years
CAF#550
01/24/05 Revised
10
from the date of the mutual acceptance and approval of the Final Resource or
Open Space Park Management Plan.
6.7 CITY shall submit an annual report to the COUNTY indicating all operations,
enhancements, and site development which occurred during the previous year
for a period of five (5) years.
6.8 CITY shall, through its agents and employees, prevent the unauthorized use of
the Site or any use thereof not in conformity with the Conceptual and Final
Resource or Open Space Park Management Plan.
6.9 If the CITY is the recipient of a grant jointly with Broward County for this project,
the CITY, as manager of the site, shall be responsible for compliance with all
requirements of the grant agreement including, but not limited to, management
plan implementation, appropriate site management, site monitoring and
preparation of all reports required by the granting agency in compliance with the
agency's time frames as established in the management plan. The CITY shall
submit a copy of the annual Agency report to the COUNTY. If this report
adequately provides the requested information of Section 6.7 above, then the
annual report submitted to the Agency may replace the annual report required by
the County.
ARTICLE 7
CONSTRUCTION OF ENHANCEMENTS
7.1 CITY agrees to include the following language in any contract it enters into with
selected contractor(s) [said contractor(s) referred to as "CONTRACTOR"]
engaged to complete any improvements contemplated by this Interlocal
Agreement:
CAF#550
01/24/05 Revised
GENERAL INDEMNIFICATION: CONTRACTOR shall indemnify
and hold harmless COUNTY, its officers and employees, from
liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of CONTRACTOR
and persons employed or utilized by CONTRACTOR in the
performance of this Agreement. Except as specifically provided
herein, this Agreement does not require CONTRACTOR to
indemnify COUNTY, its employees, officers, directors, or agents
from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In
the event that any action or proceeding is brought against COUNTY
by reason of any such claim or demand, CONTRACTOR shall,
11
upon written notice from COUNTY, resist and defend such action or
proceeding by counsel satisfactory to COUNTY.
The indemnification provided above shall obligate CONTRACTOR
to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such
defense, at COUNTY's option, any and all claims of liability and all
suits and actions of every name and description covered by the
above provisions which may be brought against COUNTY whether
performed by CONTRACTOR, or persons employed or utilized by
CONTRACTOR.
Nothing contained herein is intended nor shall it be construed tc
waive COUNTY's rights and immunities under the common law or
Florida Statute 768.28 as amended from time to time.
7.2 CITY agrees to include in its agreement with any successful contractor(s) the
requirement that the contractor(s) maintain at least the following insurance
requirements throughout the term of the Agreement and further agrees to provide
to COUNTY, prior to commencement of any improvements at the Site,
Certificates of Insurance evidencing the CONTRACTOR's compliance with the
requirements of this section:
INSURANCE REQUIREMENTS:
A. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for and maintain in
force until all of its work to be performed under this Interlocal Agreement
has been completed and accepted by CITY (for such duration as is
otherwise specified hereinafter), the insurance coverages set forth herein:
CAF#550
01/24/05 Revised
Workers' Compensation Insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
a. Employers' Liability with a limit of One Hundred Thousand
Dollars ($100,000.00) each accident.
b. If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U.S.
Longshoremen and Harbor Workers Act and Jones Act.
12
2. Comprehensive General or Commercial Liability with minimum
limits of Five Hundred Thousand Dollars ($500,000.00) per
occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form
no more restrictive than the latest edition of the Comprehensive
General or Commercial Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must
include:
a. Premises and/or Operations.
b. Independent Contractors.
c. Products and/or Completed Operations.
d. Explosion, Collapse and Underground Coverages.
e. Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific
Interlocal Agreement, including any hold harmless and/or
indemnification agreement.
9- Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal
to those required for Bodily Injury Liability and Property
Damage Liability.
h. COUNTY is to be expressly included as an "Additional
Insured" in the name of the "Board of County
Commissioners of Broward County, Florida" with respect to
liability arising out of operations performed for CITY by or on
behalf of CONTRACTOR or acts or omissions of COUNTY
or CITY.
3. Business Automobile Liability with minimum limits of Three
Hundred Thousand Dollars ($300,000.00) per occurrence,
combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
CAF#550
01/24/05 Revised
13
a. Owned Vehicles,
b. Hired and Non -Owned Vehicles.
B. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished thirty (30) days prior to the date of
their expiration.
C. Notice of Cancellation and/or Restriction - The Certification of Insurance
will reflect thirty (30) days prior notice of cancellation and/or restriction to
the COUNTY and CITY.
D. The CONTRACTOR shall furnish to the CITY's Risk Management
Department Certificates of Insurance or endorsements evidencing the
insurance coverage specified above within fifteen (15) calendar days after
notification of award. The required Certificates of Insurance shall name
the types of policies provided, refer specifically to this Interlocal
Agreement and state that such insurance is as required by this Interlocal
Agreement.
E. CONTRACTOR shall not commence work under the Interlocal Agreement
until after it has obtained all the minimum insurance herein described and
the policies of such insurance detailing the provisions of coverage have
been received and approved by CITY. CONTRACTOR shall not permit
any subcontractor to begin work until after similar minimum insurance to
cover the subcontractor has been obtained and approved.
7.3 CITY agrees that prior to commencement of any construction at the Site, CITY
through its contractor(s), shall deliver or cause to be delivered to COUNTY one
or more Payment and Performance Bond(s) ("Bond") for the Project naming
COUNTY and CITY as dual obligees in said Bond; which Bond shall be in an
amount at least equal to one hundred percent (100%) of the contract price.
7.4 CITY shall ensure that all warranties and guarantees for any construction,
workmanship and/or materials and equipment constructed, installed and/or
affixed on the Site, shall run to both CITY and COUNTY.
ARTICLE 8
DEFAULT AND REMEDIES
8.1 COUNTY shall have the right at any time to inspect the Site described herein in
order to determine compliance with this Interlocal Agreement. In the event that
CITY is engaging in or allowing others to engage in Disallowable Activities on the
Site, CITY agrees to immediately cease or cause the cessation of the
CAF#550
01/24/05 Revised
14
Disallowable Activity upon receipt of written notice from the COUNTY. In the
event that either party fails to keep and perform any essential term or condition of
this Interlocal Agreement, the other party shall provide written notice requiring the
satisfactory and immediate correction of that failure within ninety (90) days. If the
failure is not remedied within said ninety (90) days to the satisfaction of the other
party, this occurrence shall be deemed to be an event of default.
8.2 Both parties acknowledge and agree that, in the event that the CITY fails to
materially comply with the covenants and restrictions as are sufficient to ensure
that the use of the Site at all times complies with the Bond Restrictions set forth
within the Declaration of Restrictive Covenants and/or Conservation Easement,
such failure shall be deemed a default and if CITY fails to remedy the default
within the time frame set forth above, CITY shall transfer fee simple title of the
Site to the COUNTY within sixty (60) days of the date of the COUNTY requests
transfer of the Site. If CITY obtained a grant from an agency of the State of
Florida for any portion of the moneys required for the acquisition of the Site or
reimbursement of moneys used to acquire the Site and the State of Florida has
also declared CITY to be in default, the provisions of the agreement entered into
between CITY and the State of Florida shall prevail. If the CITY fails to remedy
the default within the time frame set forth within the agreement with the State of
Florida and the State of Florida requires the transfer of fee simple title to the
State of Florida, CITY shall refund COUNTY's monetary contribution plus six
percent (6%) interest per annum to the COUNTY within sixty days of the date the
Site is transferred to the State of Florida.
8.3 If CITY provided a bond or letter of credit, both parties acknowledge and agree
that, in the event that the CITY fails to materially comply with the obligations set
forth within the Conceptual or Final Resource or Open Space Park Management
Plan or the Conservation Land Ecological Restoration Plan, such failure shall be
deemed a default and if CITY fails to remedy the default within the time frame set
forth above, COUNTY shall draw on the bond or the letter of credit. If the
COUNTY draws against the bond or letter of credit, CITY agrees that COUNTY
shall have the authority to perform such obligations utilizing the funds obtained
from the bond or letter of credit.
8.4 If CITY provided a resolution indicating that the obligations set forth in the
Conceptual Resource or Open Space Park Management Plan will be included
within the CITY's 5 Year Capital Improvements Program, both parties
acknowledge and agree that, in the event that the CITY fails to materially comply
with the obligations set forth within the Conceptual or Final Resource or Open
Space Park Management Plan or the Conservation Land Ecological Restoration
Plan, such failure shall be deemed a default and if CITY fails to remedy the
CAF#550
01/24/05 Revised
15
default within the time frame set forth above, CITY shall transfer fee simple title
of the Site to the COUNTY within sixty (60) days of the date of the COUNTY
requests transfer of the Site.
8.5 In the event of any default or breach of any of the terms of this Interlocal
Agreement, it is specifically acknowledged and agreed that either party shall, in
addition to all other remedies which may be available in law or equity, have the
right to enforce this Interlocal Agreement by specific performance, injunctive
relief, prohibition or mandamus to compel the other party to abide by the terms of
this Interlocal Agreement.
ARTICLE 9
INDEMNIFICATION
CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and COUNTY is
a political subdivision of the State of Florida. Each agrees to be fully responsible for
acts and omissions of their elected officials, agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity
by any party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or political subdivision of the State of Florida to
be sued by third parties in any matter arising out of this Agreement or any other
contract.
ARTICLE 10
MISCELLANEOUS
10. 1 Joint Preparation: The preparation of this Interlocal Agreement has been a joint
effort of the parties hereto and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the
parties than the other.
10.2 Entire Agreement and Modification: This Interlocal Agreement incorporates,
supersedes and includes all prior negotiations, correspondence, conversations,
agreements or understanding applicable to the matter contained herein. It is
further agreed that no change, alteration or modification in the terms and
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
10.3 Records: In accordance with the Public Records Law, CITY agrees to permit
COUNTY to examine all records and grants COUNTY the right to audit any
books, documents and papers that were generated during the course of
administration of the Site. CITY shall maintain the records, books, documents
CAF#550
01/24/05 Revised
16
and papers associated with this Interlocal Agreement for at least three (3) years
following execution of this Interlocal Agreement.
10.4 Contract Administrator: The Contract Administrators for this Interlocal
Agreement are the Biological Resources Division Director or designee for
COUNTY, and CITY Manager or designee for CITY. In the administration of this
Interlocal Agreement, as contrasted with matters of policy, all parties may rely
upon instructions or determinations made by the respective Contract
Administrators.
10.5 Recordation/Filing: This Agreement shall be recorded in the public records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of
1969.
10.6 Notices: Whenever either party desires to give notice unto the other, such notice
must be in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective places for giving of
notice:
FOR COUNTY:
Director
Broward County Biological Resources Division
218 SW 1 st Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
10.7 Choice of Law: Waiver of Jury Trial: Any controversies or legal problems arising
out of this transaction 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, the venue situs, and
shall be governed by the laws of the State of Florida. To encourage prompt and
equitable resolution of any litigation that may arise hereunder, each party hereby
waives any rights it may have to a trial by jury of any such litigation.
CAF#550
01/24/05 Revised
17
IN WITNESS WHEREOF, the parties have made and executed this Interlocal
Agreement on the respective dates under each signature: BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor
o Vice -Mayor, authorized to execute same by Board action on the _/&!!--day of
AA&,Js&&AA,_,200'r and CAL4, H, -TairviArAr-, ,signing
by and through its duly authorized to execute same.
COUNTY
ATTEST:
/Ze' ��17 wil -
1111,ilililllllllllllIIIIIIIIIIIIIIIII Jill
zs� 1111110! ils 11111
�e
County Administrator a6d
Ex -Off icio Clerk of
the Board of County
Commissioners of Bro4arj G"�'j�k -
a
s
County, Florida
Requirements
Approved as to Insurance
By dk,7�
494zjay of 20&._r
CAF#550
01/24/05 Revised
19
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
day of .20
pproved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
By --- ;� 21/Y'
Deputy County Attorney
INTERLOCAL AGREEMENT FOR ACQUISITION, IMPROVEMENT/ENHANCEMENT,
OPERATION AND MANAGEMENT OF OPEN SPACE SITE OS-1 17 WATER'S EDGE
PARK.
WITNESSES:
ATTEST:
---City Cterk
CAF#550
01/24/05 Revised
CITY
20
CITY OF TAMARAC
Mayor -Commissioner
dayof Match 20_09�.
B I%Za4,
- // Cliy Manager
day of Con r-ch 200,5-.
A PPR VE A 0 F M:
By," 7,
j City Attorney
EXHIBIT A
LEGAL DESCRIPTION OF SITE
All of SUMMIT PROFESSIONAL COMPLEX, LESS the West Two
Hundred Forty Nine feet (W 249') thereof, according to the Plat thereof as
recorded in Plat Book 101, Page 29, of the Public records of Broward
County, Florida. Containing approximately 5.95 acres, more or less
CAF#550
01/24/05 Revised
21
CAF#550
01/24/05 Revised
EXHIBIT B
CONCEPTUAL RESOURCE MANAGEMENT PLAN OR
OPEN SPACE PARK MANAGEMENT PLAN
22
EXHIBIT "Bps
CONCEPTUAL OPEN SPACE PARK MANAGEMENT PLAN
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
IMPROVEMENT / ENHANCEMENT / OPERATION / MANAGEMENT BY THE
CITY OF TAMARAC OF THE OPEN SPACE SITE REFERRED TO AS
(OS-1 17) Water's Edge Park
February 21, 2005
Page I of 4
INTRODUCTION
The Water's Edge Park (#OS-1 17) is a 5.95 acre property located on the South side of
NW 61 st ST. just east of University Dr.
This management plan shall ensure that the goals and objectives of Broward County
Resolution 2000-1230 are satisfied and provide a timeline for completion of required
improvements. Section 4.03.a of the Resolution states that property listed in the Open
Space Inventory shall include "undeveloped or agricultural land which can function, if
appropriately developed and managed, to optimize water recharge quality and quantity,
air quality and environmental benefits of the site while providing public use."
11 PURPOSE OF THE PROJECT
The primary goal of the Land Preservation Program is to ensure the preservation and/or
creation of ecologically valuable lands while expanding the passive recreation
opportunities for the residents of Broward County. This project shall incorporate these
values in the planning, implementation, maintenance and operation of the site.
The project consists of removal of exotic pest plants, landscaping 30% of the site with
upland native plant landscaping, and development of the site as a passive park.
III SITE DEVELOPMENT
The City shall provide the following improvements:
Native Landscaping on at least 30% of the site
walking/jogging trail
basketball court
picnic area
tot lot
In order to adhere to the directives stated in Section 4.03.a of Resolution 2000-1230
and ensure passive recreation opportunities, Broward County has developed a standard
for active recreation and impervious surfaces for lands acquired through this Program.
The standard is as follows:
Impervious surfaces and surfaces requiring intense fertilization and pest
control, such as balffields, shall not exceed 30% of the project area,
excluding park access infrastructures such as parking areas,
entranceways and restroom facilities.
Upon completion of this passive park project, the area comprised of impervious
surfaces and/or dedicated to active recreation shall not exceed thirty percent (30%) of
the total project area, excluding park access infrastructures such as parking areas,
entranceways and restroom facilities.
Page 2 of 4
IV KEY MANAGEMENT ACTIVITIES
Exotic Veaetation
The City, as manager of the site, shall be responsible for the removal of all invasive
exotic vegetation and the prevention of future growth and spread of such vegetation.
Once the site has been developed, the City shall ensure that invasive exotic vegetation
does not reestablish within the park.
Native Vegetation
Existing native vegetation shall be preserved and incorporated into the park landscape
design. The City shall landscape at least 30% of the site with native species and
maintain such species in a manner which ensures their viability. Xeriscape design shall
be used where appropriate. The location of this landscaping shall be determined by the
City and depicted in the final Open Space Park Management Plan, which shall contain a
list of the native species anticipated to be used in landscaping and a map of the
landscaped portions of the site.
NatureScape Broward Principles
The NatureScape Broward program focuses on nine (9) principles for "Florida Friendly"
landscapes. City/Town shall incorporate all applicable principles into park development
and note such actions in the Final Park Management Plan.
City/Town shall apply for either a Backyard Wildlife Habitat certification through the
National Wildlife Federation or the Florida Yards & Neighborhoods certification through
the University of Florida IFAS Extension within three (3) months of opening the site to
the public.
For more information regarding the implementation of NatureScape practices to your
project please contact 954-519-0317.
Illegal Dumping
Prior to site development, the City shall ensure that illegal dumping of waste does not
occur on the site and, if such activity does occur, it is the City's responsibility to remove
and properly dispose of such items. If hazardous materials are discovered on the site,
the City shall immediately notify the Broward County Department of Planning and
Environmental Protection
Archaeological Features
Prior to commencement of any proposed development activities, measures shall be
taken to determine the presence of archaeological sites.
Page 3 of 4
Public Access
Once the site has been fully developed, the City shall allow public access to the site
during hours of operation determined by the City.
Si,qnage
The City shall install a temporary sign, at the City's expense, the design and schematics
of which shall be provided by the County, in a highly visible area of the project site
recognizing the efforts of the Broward County Board of County Commissioners and
funding through the Safe Parks and Land Preservation Bond.
Upon completion of the project, the City shall construct and install a permanent sign, at
the City's expense, in accordance with the aforementioned standards.
V PRIORITY SCHEDULE
Within three (3) months of the transfer of funds from the County to the City, the City
shall perform the necessary site maintenance (i.e. mowing) to prevent the growth and
spread of exotic vegetation. This task shall be performed a minimum of four (4) times
per year, or as deemed necessary by the County, until the project is fully developed.
Within six (6) months of the transfer of funds from the County to the City, the City shall
install the temporary sign.
Within eighteen (18) months of the transfer of funds from the County to the City, the City
shall remove any existing waste from the site. The City shall ensure that iuture illegal
dumping of waste does not occur on the site through a monitoring and security program.
If such activity does occur, the City shall be responsible for removing and properly
disposing of such waste.
Within two (2) years of the transfer of funds from the County to the City, the City shall
integrate the major elements of the project into the City's five-year Capital Improvement
Plan. The major elements of the project that are to be integrated include, but are not
limited to, securing the site, removing invasive exotic plant species and landscaping
with native species, developing park infrastructure, and establishing a timeline to
provide public access. These elements shall be completed on a schedule outlined in
the final Open Space Park Management Plan.
VI MONITORING
The County shall monitor the site for compliance with the provisions of the final Open
Space Park Management Plan for the period of five (5) years from the date of the
mutual acceptance of and approval of the final Open Space Park Management Plan.
The City shall allow County staff access onto the property during these visits.
Page 4 of 4
I
Document prepared by:
DECLARATION OF RESTRICTIVE COVENANTS
20KTHIS DECLARATION OF RESTRICTIVE COVENANTS, made thisVES day of MXt�i
by City of Tamarac, hereinafter referred to as "PROPERTY OWNEI�.—"
W I T N E S S E T H
WHEREAS, PROPERTY OWNER is the fee title owner of that certain real property located in
Broward County, Florida, as described in Exhibit "A," attached hereto and made a part hereof, (the
PROPERTY); and
WHEREAS, the PROPERTY was acquired in whole or in part through Broward County's Safe
Parks and Land Preservation Bond Program; and
WHEREAS, the use of the PROPERTY shall be in accordance with the provisions of the terms
and conditions contained in Broward County's Safe Parks and Land Preservation Bond Program, as set
forth in Broward County Resolution No. 2000-1230 and the Interlocal Agreement (the AGREEMENT)
entered into with Broward County for Acquisition, Improvement, Enhancement, Operation and
Management of Conservation Land, Green Space and Open Space Sites approved by the Broward
County Board of County Commissioners on the day of K!�LAAA&: 20
U
NOW, THEREFORE, PROPERTY OWNER hereby declares that the Property shall be
developed, held, maintained, transferred, sold, conveyed and owned subject to the following designations
and restrictive covenants:
RECITALS
The recitals set forth above are true and correct and are incorporated into these restrictive covenants.
2. RESTRICTIONS
(a) The PROPERTY shall be preserved as open space and for recreational use in
perpetuity.
(b) Only buildings necessary for and ancillary to the open space and recreational use
shall be allowed.
CAF#552
03/17/03 Revised
(c) Any proposed use for the Site shall be consistent with the terms and conditions
contained in the Final Open Space Park Management Plan
(d) No use of the PROPERTY shall be allowed which is inconsistent with the intent and
purpose of this Declaration of Restrictive Covenants, the AGREEMENT and the Final Open
Space Park Management Plan.
3. MODIFICATION AND TERMINATION
No revisions to the Declarations of Restrictive Covenants shall be permitted unless specifically approved
by the Board of County Commissioners of Broward County, Florida (the BOARD), in accordance with the
procedures set forth below. If PROPERTY OWNER, its successors and assigns wishes to modify or
terminate these restrictive covenants, it shall be required to do the following:
(a) PROPERTY OWNER must apply to the BOARD for an amendment to, or termination
these restrictive covenants.
(b) It shall be at the sole discretion of the BOARD whether to modify or terminate these
restrictive covenants.
4. COVENANT RUNNING WITH THE LAND
This Declaration of Restrictive Covenants shall be recorded in the Public Records of Broward County,
Florida, and shall run with the PROPERTY described in Exhibit 'A" and shall be binding on all persons and
entities acquiring title to or use of the PROPERTY.
ENFORCEMENT
Broward County, through its Board of County Commissioners, its successors and assigns, is the
beneficiary of these restrictive covenants and as such, Broward County may enforce these restrictive
covenants by action at law or in equity against any person or persons, entity or entities, violating or
attempting to violate the terms of these Restrictions. Broward County shall provide PROPERTY OWNER
with a written notice of violations for any provision of this Declaration and allow PROPERTY OWNER
ninety (90) days to cure the violation. If PROPERTY OWNER fails to remedy the default within the time
frame set forth above, PROPERTY OWNER shall transfer fee simple title of the PROPERTY to Broward
County within sixty (60) days of the date of Broward County requests transfer of the PROPERTY.
6. WAIVER
Any failure by Broward County to enforce these restrictive covenants shall not be deemed a waiver of the
right to do so thereafter.
7. INVALIDATION
Invalidation of any one of these restrictive covenants by judgment or court order shall in no way affect any
other conditions which remain in full force an effect.
CAF#552
03/17/03 Revised
EFFECTIVE DATE
The Declaration of Restrictive Covenants shall become effective upon recordation in the Public Records
of Broward County, Florida.
CAF#552
03/17/03 Revised
-TFe cl N of -rz>m "
IN WITNESS WHEREOF405d�refber nMJ2&32�Alley has hereunto set its
authorized hand this .1 1
day of Maircli -, 20-Q�-.
WITNESSES: CITY OFT"a m a r- o- <!,
B
Oc
Mayor -Commissioner
ATTESTO
(CORPORATE SEAL)
CAF#552
03/17/03 Revised
In
,g3 day of MCIrCh 2006-
AP
tity manager
_day of Mcf-ch 20or
1
city
RM:
AK
/23 day of MQrQh , 2 0 -0.1�
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
All of SUMMIT PROFESSIONAL COMPLEX, LESS the West Two
Hundred Forty Nine feet (W 249') thereof, according to the Plat
thereof as recorded in Plat Book 101, Page 29, of the Public
records of Broward County, Florida. Containing approximately 5.95
acres, more or less
CAF#552
03/17/03 Revised 5
Return recorded document to:
Environmental Protection Department
Land Preservation Section
218 SW 1 st Avenue
Ft. Lauderdale, FIL 33301
Document prepared by:
Sharon L. Cruz, Interim County Attorney
Suite 423, Governmental Center
115 South Andrews Avenue
Fort Lauderdale, FIL 33301
INSTR # 105291017 3-398
OR BK 40332 Pages 37
RECORDED 08/19/05 10:49:30
BROWARD COUNTY COMMISSION
DEPUTY CLERK 1032
#1, 26 Pages
INTERILOCAL AGREEMENT FOR THE
ACQUISITION, IMPROVEMENT, ENHANCEMENT,
OPERATION AND MANAGEMENT OF
OPEN SPACE SITE OS-1 17 WATER'S EDGE PARK
This is an Interlocal Agreement, made and entered into by and between:
BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred
to as "COUNTY,"
AND
CITY OF TAMARAC, a Florida municipal corporation, created and existing under
the laws of the State of Florida, hereinafter referred to as "CITY."
WHEREAS, CITY is: (i) acquiring conservation, green space or open space land
with proceeds of the Bonds (hereinafter defined within Section 1.7 of this Agreement),
or (ii) receiving reimbursement from proceeds of the Bonds for the prior acquisition of
such lands, or (iii) receiving title from COUNTY to such lands previously acquired by
COUNTY involving the proceeds of the Bonds; and
WHEREAS, this Agreement is entered into in order to impose terms, conditions,
and restrictions on CITY's use of Bond proceeds on lands acquired by CITY with Bond
proceeds or on lands for which CITY received reimbursement from Bond proceeds for
prior acquisition or on,lands acquired by COUNTY which are transferred to CITY; and
WHEREAS, this Agreement is entered into pursuant to § 163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and
CAF#550
01/24/05 Revised
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the
interest on the Bonds is excluded from the gross income of Bondholders for federal
income tax purposes; and
WHEREAS, it is the purpose and intent of the parties to this Interlocal
Agreement, to permit COUNTY and CITY 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 in
the manner that will best a ' ccord with the existing resources available to each of them
and with the needs and developments within their respective jurisdictions; and
WHEREAS, CITY and COUNTY desire to enter into a cooperative agreement
regarding the acquisition, preservation, improvement/enhancement, operation and
management of a parcel of property described in Exhibit "A," attached hereto and made
a part hereof and hereinafter referred to as the "Site"; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
BACKGROUND, PURPOSE, INTENT AND DEFINITIONS
1.1 The above recitals are true and correct and incorporated herein as if set forth in
full hereunder.
1.2 It is the purpose and intent of this Interlocal Agreement for COUNTY and CITY,
pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a
means by which each governmental entity may exercise its respective powers,
privileges and authorities which they share in common and which each might
exercise separately in order to further a common goal.
1.3 In the event Bond Counsel opines that an amendment is required to this
Agreement so that the tax-exempt status of the Bonds is not jeopardized, CITY
and COUNTY agree to amend the Agreement accordingly.
1.4 In order to further the efforts to be undertaken by COUNTY in connection with the
acquisition, preservation, improvement/enhancement, operation and
management of the Site, the parties hereto acknowledge and agree to cooperate
with each other to the fullest extent reasonably necessary to accomplish the
mutual desire of the parties that the project be successfully completed.
CAF#550
01/24/05 Revised
KA
1.5 This Agreement and the covenants and restrictions contained herein shall run
with the Site and shall bind, and the benefits shall inure to, respectively COUNTY
and CITY and their respective successors and assigns.
1.6 This Agreement will be effective upon execution by both parties.
1.7 Definitions - For the purposes of this Agreement and the various covenants,
conditions, terms and provisions which follow, the definitions and identifications
set forth below are assumed to be true and correct and are agreed upon by the
parties.
"Bonds" shall mean the Broward County, Florida General Obligation Bonds
issued in one or more series pursuant to Resolution 2000-1062 and Resolution
2000-1063 adopted by the Board of County Commissioners of Broward County
relative to parks and/or conservation lands, green space and open space lands.
"Bond Restrictions" shall mean the terms, conditions, and limitations imposed by
any resolution adopted by the Board of County Commissioners of Broward
County authorizing the issuance of Bonds and the official statement and the
terms, conditions, and limitations contained in any contracts, covenants or
instruments executed in connection with the Bonds.
"Disallowable Activities" shall mean those activities and uses not consistent with
the Bond Restrictions or those activities or uses prohibited by those restrictive
covenants or conservation easements required by this Agreement or those
activities or uses set forth within Article 5 of this Agreement.
ARTICLE 2
MANAGEMENT PLAN
If the Site is Conservation Lands or Green Space, a Conceptual Resource Management
Plan which broadly describes the proposed use of the Site and the manner in which the
CITY proposes to preserve and enhance the Site shall be attached as Exhibit "B." If the
Site is Open Space land, a Conceptual Open Space Park Management Plan which
broadly describes the proposed use of the Site as open space shall be attached as
Exhibit "B."
ARTICLE 3
ACQUISITION BY CITY
OR TRANSFER OF TITLE
3.1 CITY shall purchase or has purchased the Site without COUNTY participation in
the acquisition. COUNTY shall reimburse the CITY up to the grant amount of
CAF#550
01/24/05 Revised
3
$1,600,000 (plus appropriate closing costs to include appraisals, survey,
environmental site assessment, title search and recording fees) approved by the
Land Preservation and Acquisition Advisory Board (LPAAB) and the Broward
County Commission upon receipt of the following:
3.1.1 A copy of the recorded deed for the Site; AND
3.1.2 FOR OPEN SPACE SITES - An executed Declaration of Restrictive
Covenants acceptable to the COUNTY, which shall include such
covenants and restrictions sufficient to ensure that the use of the Site at all
times complies with the Bond Restrictions. COUNTY shall record the
Declaration of Restrictive Covenants.
FOR CONSERVATON OR GREEN SPACE SITES — An executed
Conservation Easement acceptable to the COUNTY, which shall include
such covenants and restrictions sufficient to ensure that the use of the Site
at all times complies with the Bond Restrictions. COUNTY shall record
the Conservation Easement.
AND
3.1.3 A performance bond, letter of credit or a resolution of the CITY acceptable
to the COUNTY indicating that the obligations set forth in the Conceptual
Resource or Open Space Park Management Plan will be included within
the CITY's 5 Year Capital Improvements Program as set forth within the
timeline contained in the Conceptual Resource or Open Space Park
Management Plan. The performance bond, letter of credit or resolution
shall guarantee the CIlYs performance of the obligations set forth in the
Conceptual Resource or Open Space Park Management Plan which will
include, at a minimum, securing the site, removing trash and debris,
removing invasive exotic species, replanting native vegetation, providing
for public access and establishing a timeline for the completion of these
activities.
3.2 In addition to the above requirements, each parcel to which CITY acquires title to
the Site shall be subject to such covenants and restrictions as are, at a minimum
sufficient to ensure that the use of the Site at all times complies with the
applicable trust indenture(s) under which the Bonds are issued and any provision
of the Internal Revenue Code or the regulations promulgated thereunder that
pertain to tax-exempt bonds.
3.3 Any payments will be made payable to CITY and forwarded to CITY at:
CAF#550
01/24/05 Revised
4
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
ARTICLE 4
GENERAL CONDITIONS
4.1 The amount of the performance bond, letter of credit or capital improvement
funding shall be determined based upon the site modification requirements set
forth within the Conceptual and Final Resource or Open Space Park
Management Plan or Conservation Land Ecological Restoration Plan. In the
event that CITY fails to perform the obligations set forth within the Conceptual
and Final Resource or Open Space Park Management Plan, COUNTY shall be
entitled to proceed under Article 8, Default and Remedy provisions of this
Agreement. CITY shall ensure that the performance bond or letter of credit
remains valid and in full force and effect until CITY's obligation pursuant to the
Conceptual and Final Resource or Open Space Park Management Plan or
Conservation Land Ecological Restoration Plan is performed. Termination or
expiration of the bond or letter of credit prior to CITY's -performance of such
obligation, or notice to COUNTY that the bond or letter of credit will expire or has
been canceled or disaffirmed prior to CITY's satisfaction of its obligations
hereunder, shall constitute a default of this Agreement. If a resolution is provided
by the CITY, the removal of the obligations set forth in the Conceptual and Final
Resource or Open Space Park Management Plan or Conservation Land
Ecological Restoration Plan from the CITY's 5 Year Capital Improvements
Program before the obligations have been completed shall constitute a default of
this Agreement. In the event of such a default COUNTY shall be entitled to
proceed under the Article 8, Default and Remedies provisions of this Agreement.
4.2 Conservation Land and Green Space Sites:
4.2.1 CITY shall prepare a Final Resource Management Plan and submit it to
the LPAAB for approval within one (1) year from the date of the title
transfer. Upon approval by the LPAAB, the Plan shall be filed with the
COUNTY. The Resource Management Plan shall describe management
goals and measurable objectives to preserve and enhance the
environmental features of the Site and mitigate any potential
environmental damage. The Resource Management Plan shall include an
implementation schedule detailing CITY's timetable for the enhancement,
improvement and preservation activities. The Resource Management Plan
CAF#550
01/24/05 Revised
5
shall be consistent with COUNTY standards for Conservation Land/Green
Space Sites. Under no circumstances shall organized sports be a
permissible activity on the Site. Any proposed use for the Site shall be
consistent with the terms and conditions contained in the COUNTY's Land
Preservation Bond Program, as set forth in Broward County Resolution
No. 2000-123b.
4.2.2 A Conservation Land Ecological Restoration Plan will be prepared by the
CITY and submitted for approval to the LPAAB for the ecological
restoration of designated Conservation Lands, if present, before any
ecological restoration operation or site development is initiated. The
Conservation Land Ecological Restoration Plan shall contain an ecological
restoration cost projection. After the completion of the ecological
restoration operations in accordance with the Conservation Land
Ecological Restoration Plan, COUNTY shall reimburse CITY for the costs
sustained by CITY to a maximum amount not to exceed
$ N/A within ninety (90) days from the reimbursement
request. COUNTY shall not make any payments to CITY in advance of
the completion of the ecological restoration.
4.3 Open Space Sites: CITY shall prepare a Final Open Space Park Management
Plan and submit it to the LPAAB for approval within one (1) year from the date of
reimbursement by COUNTY or within one (1) year of the closing if the COUNTY
contributed the grant amount at the time of acquisition. Upon approval by the
LPAAB, the Plan shall be filed with the COUNTY. The Final Open Space Park
Management Plan shall at a minimum set forth how the Site will be used by the
CITY, how much land is necessary to be paved for infrastructure and active
recreation, a requirement that native trees be used in landscaping, clearing of
exotic invasive species and the accessibility of the site to the general public.
Additionally, the CITY shall describe how NatureScape Broward principles will be
utilized on the site after development occurs. These principles which include
actions such as reducing the amount of irrigation, fertilizer and pesticide use will
be described in the Final Open Space Park Management Plan. The CITY shall
apply for certification under the Florida Yards & Neighbort7oods or Backyard
Wildlife Habitat programs once site development has occurred. The Final Open
Space Park Management Plan shall describe management goals and
measurable objectives. The Final Open Space Park Management Plan shall
include an implementation schedule detailing CITY's timetable for the
enhancement and improvement activities. The Final Open Space Park
Management Plan shall be consistent with COUNTY standards for Open Space
Sites. Any proposed use for the Site shall be consistent with the terms and
conditions contained in the COUNTY's Land Preservation Bond Program, as set
forth in Broward County Resolution No. 2000-1230.
CAF#550
01/24/05 Revised
6
4.4 Any amendment to the Final Resource Management Plan or Conservation Land
Ecological Restoration Plan or Final Open Space Park Management Plan shall
not be effective until such time as it is mutually agreed upon by the CITY and the
Land Preservation and Acquisition Advisory Board and filed with the COUNTY.
4.5 Conservation Land and Green Space Sites: CITY shall manage or cause the
Site to be managed in accordance with the approved Final Resource
Management Plan and Conservation Land Ecological Restoration Plan for the
conservation, protection and enhancement of natural resources and for passive,
natural resource -based public outdoor recreation which is compatible with the
conservation, protection and enhancement of the Site, along with other related
uses necessary for the accomplishment of this purpose. CITY covenants that
CITY will not commit waste to or on the Site, and CITY shall use due care and
diligence to prevent others from doing same. CITY covenants to keep and
maintain the Site in good order and condition and, furthermore, covenants that
CITY shall not commit a nuisance on the Site or knowingly permit others to do
so; nor shall CITY itself use the Site for any unlawful purpose, or allow any other
person to do so.
4.6 Open Space Sites: CITY shall manage or cause the Site to be managed in
accordance with Resolution 2000-1230 adopted by th e- Board of County
Commissioners and the approved Final Open Space Park Management Plan.
CITY covenants that CITY will not commit waste to or on the Site, and CITY shall
use due care and diligence to prevent others from doing same. CITY covenants
to keep and maintain the Site in good order and condition and, furthermore,
covenants that CITY shall not commit a nuisance as set forth in Chapter 823,
F.S., on the Site or knowingly permit others to do so; nor shall CITY itself use the
Site for any unlawful purpose, or allow any other person to do so.
4.7 CITY shall not make enhancements at the Site in conflict with the Final Resource
or Open Space Park Management Plan as described above. CITY shall notify
COUNTY's Contract Administrator of intended enhancements at the Site,
reasonably before implementation of same. CITY shall have all access required
for its enhancement responsibilities. COUNTY acknowledges that COUNTY's
Contract Administrator may need to assist in resolving any conflicts which may
exist between COUNTY departments in order for CITY to properly proceed with
enhancements.
4.8 COUNTY agrees that it will join, cooperate and shall execute such reasonable
documents as may be required by law in connection with grants of easements or
restrictive covenants. The approval of any development or environmental
CAF#550
01/24/05 Revised
7
permits by the COUNTY shall be in accordance with applicable laws and
ordinances.
4.9 COUNTY staff or its duly authorized representatives shall have the right at any
time to inspect the Site and the operations of CITY at the Site.
4.10 If CITY obtains a grant from an agency of the State of Florida for any portion of
the moneys required for the acquisition of the Site or reimbursement of moneys
used to acquire the Site, CITY will use its best efforts to ensure that any reverter
language required by the State includes a commitment by the State (in the event
fee simple title to the Site reverts to the State) that the use of the Site will at all
times comply with the applicable trust indenture(s) under which the Bonds are
issued and any provision of the Internal Revenue Code or the regulations
promulgated thereunder that pertain to tax-exempt bonds.
4.11 Any transfer of title of the Site, excluding transfer of title to the State as set forth
above, shall be subject to the approval of COUNTY and COUNTY shall enter into
a new agreement with the transferee, containing such covenants or clauses, or
other restrictions as are sufficient to protect the interests of the Bond holders.
4.12 If the Land Preservation and Acquisition Advisory Board is no longer in
existence, the Final Resource Management Plan and/or the Conservation Land
Ecological Restoration Plan or Final Open Space Park Management Plan and
any amendments to the Plan shall be submitted to the Board of County
Commissioners for approval.
4.13 CITY agrees to initiate a land use plan map amendment to the Broward County
Land Use Plan and the local Land Use Plan amending the land use designation
of the Site to Recreation and Open Space use or comparable local land use
designation for Open Space Sites or to Conservation for Conservation or Green
Space Sites.
4.14 CITY shall ensure that all activities on the Site comply with applicable local, state,
regional and federal laws and regulations, including zoning ordinances and the
CITY and COUNTY comprehensive plans.
ARTICLE 5
OBLIGATIONS INCURRED BY CITY
AS A RESULT OF BOND PROCEEDS BEING UTILIZED
TO PURCHASE SITE
5.1 If the Site is to remain subject after its acquisition to any of the below listed
activities or interests, CITY shall provide at least sixty (60) days written notice of
CAF#550
01/24/05 Revised
any such activity or interest to COUNTY prior to the activity taking place, and
shall provide to COUNTY such information with respect thereto as COUNTY
reasonably requests in order to evaluate the legal and tax consequences of such
activity or interest:
5.1.1 Any lease of any interest in the Site to a non -governmental person
or organization.
5.1.2 The operation of any concession on the Site to a non -govern mental
person or organization.
5.1.3 Any sales contract or option to buy things attached to the Site to be
severed from the Site with a non -governmental person or organization.
5.1.4 Any use of the Site by non -govern mental persons other than in
such person's capacity as a member of the general public.
5.1.5 A management contract of the Site with a non -governmental person
or organization.
5.1.6 Such other activity or interest as may be specified from time to time
in writing by COUNTY to CITY.
5.2 CITY agrees and acknowledges that the following transactions, events, and
circumstances may not be permitted on the Site as they may have negative legal
and tax consequences under Florida Law and federal income tax law. CITY shall
provide at least sixty (60) days written notice of any such activity or interest to
COUNTY prior to the activity taking place, and shall provide to COUNTY such
information with respect thereto as COUNTY reasonably requests in order to
evaluate the legal and tax consequences of such activity or interest.
5.2.1 A sale of the Site or lease of the Site to a non-g overn mental person
or organization.
5.2.2 The operation of a concession on the Site by. a non -govern mental
person or organization.
5.2.3 A sale of things attached to the Site to be severed from the Site to a
non-g overn mental person or organization.
5.2.4 Any change in the character or use of the Site from that use
expected at the date of the issuance of any series of Bonds from the
disbursement is to be made.
CAF#550
01/24/05 Revised
�611
5.2.5 Any use of the Site by non -govern mental persons other than in
such person's capacity as a member of the general public.
5.2.6 A management contract of the Site with a non -govern mental person
or organization.
5.2.7 Such other activity or interest as may be specified from time to time
in writing by COUNTY to CITY.
5.3 Delegations and contractual arrangements between CITY and other
governmental bodies, not -for -profit entities, or non -governmental persons for use
or management of the Site will in no way relieve CITY of the responsibility to
ensure that the conditions imposed herein on the Site as a result of utilizing Bond
proceeds to acquire the Site are fully complied with by the contracting party.
ARTICLE 6
IMPROVEMENT, OPERATION
AND MANAGEMENT RESPONSIBILITIES
6.1 COUNTY and CITY agree that CITY shall be solely responsible for the
improvement, operation and management of the Site in accordance with the
terms of this Interlocal Agreement and the Final Resource or Open Space Park
Management Plan.
6.2 CITY agrees that the Site and all its facilities and amenities will be available to all
residents of Broward County for activities set forth within this Agreement and that
any entrance, user or other fees or conditions assessed by CITY will be identical
for all residents of Broward County.
6.3 COUNTY agrees to provide CITY with technical assistance in the implementation
of the Final Resource or Open Space Park Management Plan for the utilization of
the Site, if requested by CITY at no cost to CITY.
6.4 CITY agrees to provide access to COUNTY personnel to provide, if COUNTY so
desires, the public with nature interpretation programs.
6.5 CITY shall be solely responsible to obtain and shall promptly pay all charges for
telephone, gas, water, electricity, sewage, garbage removal and any other utility
used or consumed at the Site.
6.6 COUNTY shall monitor the Site for compliance with the provisions of the Final
Resource or Open Space Park Management Plan for a period of five (5) years
CAF#550
01/24/05 Revised
W]
from the date of the mutual acceptance and approval of the Final Resource or
Open Space Park Management Plan.
6.7 CITY shall submit an annual report to the COUNTY indicating all operations,
enhancements, and site development which occurred during the previous year
for a period of five (5) years.
6.8 CITY shall, through its agents and employees, prevent the unauthorized use of
the Site or any use thereof not in conformity with the Conceptual and Final
Resource or Open Space Park Management Plan.
6.9 If the CITY is the recipient of a grant jointly with Broward County for this project,
the CITY, as manager of the site, shall be responsible for compliance with all
requirements of the grant agreement including, but not limited to, management
plan implementation, appropriate site management, site monitoring and
preparation of all reports required by the granting agency in compliance with the
agency's time frames as established in the management plan. The CITY shall
submit a copy of the annual Agency report to the COUNTY. If this report
adequately provides the requested information of Section 6.7 above, then the
annual report submitted to the Agency may replace the annual report required by
the County.
ARTICLE 7
CONSTRUCTION OF ENHANCEMENTS
7.1 CITY agrees to include the following language in any contract it enters into with
selected contractor(s) [said contractor(s) referred to as "CONTRACTOR"]
engaged to complete any improvements contemplated by this Interlocal
Agreement:
CAF#550
01/24/05 Revised
GENERAL INDEMNIFICATION: CONTRACTOR shall indemnify
and hold harmless COUNTY, its officers and employees, from
liabilities, damages, losses, and costs, including, but not limited to
reasonable attorney's fees, to the extent caused by the negligence,
recklessness or intentional wrongful misconduct of CONTRACTOR
and persons employed or utilized by CONTRACTOR in the
performance of this Agreement. Except as specifically provided
herein, this Agreement does not require CONTRACTOR to
indemnify COUNTY, its employees, officers, directors, or agents
from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In
the event that any action or proceeding is brought against COUNTY
by reason of any such claim or demand, CONTRACTOR shall,
11
upon written notice from COUNTY, resist and defend such action or
proceeding by counsel satisfactory to COUNTY.
The indemnification provided above shall obligate CONTRACTOR
to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such
defense, at COUNTY's option, any and all claims of liability and all
suits and actions of every name and description covered by the
above provisions which may be brought against COUNTY whether
performed by CONTRACTOR, or persons employed or utilized by
CONTRACTOR.
Nothing contained herein is intended nor shall it be construed tc
waive COUNTY's rights and immunities under the common law or
Florida Statute 768.28 as amended from time to time.
7.2 CITY agrees to include in its agreement with any successful contractor(s) the
requirement that the contractor(s) maintain at least the following insurance
requirements throughout the term of the Agreement and further agrees to provide
to COUNTY, prior to commencement of any improvements at the Site,
Certificates of Insurance evidencing the CONTRACTOR's compliance with the
requirements of this section:
INSURANCE REQUIREMENTS:
A. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for and maintain in
force until all of its work to be performed under this Interlocal Agreement
has been completed and accepted by CITY (for such duration as is
otherwise specified hereinafter), the insurance coverages set forth herein:
CAF#550
01/24/05 Revised
Workers' Compensation Insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of 1he State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
a. Employers' Liability with a limit of One Hundred Thousand
Dollars ($100,000.00) each accident.
b. If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U.S.
Longshoremen and Harbor Workers Act and Jones Act.
12
2. Comprehensive General or Commercial Liability with minimum
limits of Five Hundred Thousand Dollars ($500,000.00) per
occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form
no more restrictive than the latest edition of the Comprehensive
General or Commercial Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must
include:
a. Premises and/or Operations.
b. Independent Contractors.
C. Products and/or Completed Operations.
d. Explosion, Collapse and Underground Coverages.
e. Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this specific
Interlocal Agreement, including any hold harmless and/or
indemnification agreement.
9. Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal
to those required for Bodily Injury Liability and Property
Damage Liability.
h. COUNTY is to be expressly included as an "Additional
Insured" in the name of the "Board of County
Commissioners of Broward County, Florida" with respect to
liability arising out of operations performed for CITY by or on
behalf of CONTRACTOR or acts or omissions of COUNTY
or CITY.
3. Business Automobile Liability with minimum limits of Three
Hundred Thousand Dollars ($300,000.00) per occurrence,
combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
CAF#550
01/24/05 Revised
13
a. Owned Vehicles.
b. Hired and Non -Owned Vehicles.
B. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished thirty (30) days prior to the date of
their expiration.
C. Notice of Cancellation and/or Restriction - The Certification of Insurance
will reflect thirty (30) days prior notice of cancellation and/or restriction to
the COUNTY and CITY.
D. The CONTRACTOR shall furnish to the CITY's. Risk Management
Department Certificates of Insurance or endorsements evidencing the
insurance coverage. specified above within fifteen (15) calendar days after
notification of award. The required Certificates of Insurance shall name
the types of policies provided, refer specifically to this Interlocal
Agreement and state that such insurance is as required by this Interlocal
Agreement.
E. CONTRACTOR shall not commence work under the Interlocal Agreement
until after it has obtained all the minimum insurance herein described and
the policies of such insurance detailing the provisions of coverage have
been received and approved by CITY. CONTRACTOR shall not permit
any subcontractor to begin work until after similar minimum insurance to
cover the subcontractor has been obtained and approved.
7.3 CITY agrees that prior to commencement of any construction at the Site, CITY
through its contractor(s), shall deliver or cause to be delivered to COUNTY one
or more Payment and Performance Bond(s) ("Bond") for the Project naming
COUNTY and CITY as dual obligees in said Bond; which Bond shall be in an
amount at least equal to one hundred percent (1100%) of the contract price.
7.4 CITY shall ensure that all warranties and guarantees for any construction,
workmanship and/or materials and equipment constructed, installed and/or
affixed on the Site, shall run to both CITY and COUNTY.
ARTICLE 8
DEFAULT AND REMEDIES
8.1 COUNTY shall have the right at any time to inspect the Site described herein in
order to determine compliance with this Interlocal Agreement. In the event that
CITY is engaging in or allowing others to engage in Disallowable Activities on the
Site, CITY agrees to immediately cease or cause the cessation of the
CAF#550
01/24/05 Revised
14
Disallowable Activity upon receipt of written notice from the COUNTY. In the
event that either party fails to keep and perform any essential term or condition of
this Interlocal Agreement, the other party shall provide written notice requiring the
satisfactory and immediate correction of that failure within ninety (90) days. If the
failure is not remedied within said ninety (90) days to the satisfaction of the other
party, this occurrence shall be deemed to be an event of default.
8.2 Both parties acknowledge and agree that, in the event that the CITY fails to
materially comply with the covenants and restrictions as are sufficient to ensure
that the use of the Site at all times complies with the Bond Restrictions set forth
within the Declaration of Restrictive Covenants and/or Conservation Easement,
such failure shall be deemed a default and if CITY fails to remedy the default
within the time frame set forth above, CITY shall transfer fee simple title of the
Site to the COUNTY within sixty (60) days of the date of the COUNTY requests
transfer of the Site. If CITY obtained a grant from an agency of the State of
Florida for any portion of the moneys required for the acquisition of the Site or
reimbursement of moneys used to acquire the Site and the State of Florida has
also declared CITY to be in default, the provisions of the agreement entered into
between CITY and the State of Florida shall prevail. If the CITY fails to remedy
the default within the time frame set forth within the agreement with the State of
Florida and the State of Florida requires the transfer of fee simple title to the
State of Florida, CITY shall refund COUNTY's monetary -contribution plus six
percent (6%) interest per annum to the COUNTY within sixty days of the date the
Site is transferred to the State of Florida.
8.3 If CITY provided a bond or letter of credit, both parties acknowledge and agree
that, in the event that the CITY fails to materially comply with the obligations set
forth within the Conceptual or Final Resource or Open Space Park Management
Plan or the Conservation Land Ecological Restoration Plan, such failure shall be
deemed a default and if CITY fails to remedy the default within the time frame set
forth above, COUNTY shall draw on the bond or the letter of credit. If the
COUNTY draws against the bond or letter of credit, CITY agrees that COUNTY
shall have the authority to perform such obligations utilizing the funds obtained
from the bond or letter of credit.
8.4 If CITY provided a resolution indicating that the obligations set forth in the
Conceptual Resource or Open Space Park Management Plan will be included
within the CITY's 5 Year Capital Improvements Program, both parties
acknowledge and agree that, in the event that the CITY fails to materially comply
with the obligations set forth within the Conceptual or Final Resource or Open
Space Park Management Plan or the Conservation Land Ecological Restoration
Plan, such failure shall be deemed a default and if CITY fails to remedy the
CAF#550
01/24/05 Revised
15
default within the time frame set forth above, CITY shall transfer fee simple title
of the Site to the COUNTY within sixty (60) days of the date of the COUNTY
requests transfer of the Site.
8.5 In the event of any default or breach of any of the terms of this Interlocal
Agreement, it is specifically acknowledged and agreed that either party shall, in
addition to all other remedies which may be available in law or equity, have the
right to enforce this Interlocal Agreement by specific performance, injunctive
relief, prohibition or mandamus to compel the other party to abide by the terms of
this Interlocal Agreement.
ARTICLE 9
INDEMNIFICATION
CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and COUNTY is
a political subdivision of the State of Florida. Each agrees to be fully responsible for
acts and omissions of their elected officials, agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity
by any party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or political subdivision of the State of Florida to
be sued by third parties in any matter arising out of this Agreement or any other
contract.
ARTICLE 10
MISCELLANEOUS
10.1 Joint Preparation: The preparation of this Interlocal Agreement has been a joint
effort of the parties hereto and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the
parties than the other.
10.2 Entire Agreement and Modification: This Interlocal Agreement incorporates,
supersedes and includes all prior negotiations, correspondence, conversations,
agreements or understanding applicable to the matter contained herein. It is
further agreed that no change, alteration or modification in the terms and
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
10.3 Records: In accordance with the Public Records Law, CITY agrees to permit
COUNTY to examine all records and grants COUNTY the right to audit any
books, documents and papers that were generated during the course of
administration of the Site. CITY shall maintain the records, books, documents
CAF#550
01/24/05 Revised
16
and papers associated with this Interlocal Agreement for at least three (3) years
following execution of this Interlocal Agreement.
10.4 Contract Administrator: The Contract Administrators for this Interlocal
Agreement are the Biological Resources Division Director or designee for
COUNTY, and CITY Manager or designee for CITY. In the administration of this
Interlocal Agreement, as contrasted with matters of policy, all parties may rely
upon instructions or determinations made by the respective Contract
Administrators.
10.5 Recordation/Filing: 'This Agreement shall be recorded in the public records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of
1969.
10.6 Notices: Whenever either party desires to give notice unto the other, such notice
must be in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective places for giving of
notice:
FOR COUNTY:
Director
Broward County Biological Resources Division
218 SW 1 st Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
10.7 Choice of Law: Waiver of Jury Trial: Any controversies or legal problems arising
out of this transaction 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, the venue situs, and
shall be governed by the laws of the State of Florida. To encourage prompt and
equitable resolution of any litigation that may arise hereunder, each party hereby
waives any rights it may have to a trial by jury of any such litigation.
CAF#550
01/24/05 Revised
iVA
10.8 Conflict: In the event that this Interlocal Agreement conflicts with any other
agreement or document pertaining to permissible uses of the Site, CITY and
COUNTY agree that the terms and conditions contained in this Interlocal
Agreement shall prevail.
10.9 Counterpart Originals: The parties agree that this Agreement may be executed
in counterparts, and that collectively the counterparts shall be considered an
original agreement and shall be deemed legally sufficient and binding upon the
parties.
CAF#550
01/24/05 Revised
18
IN WITNESS WHEREOF, the parties have made and executed this Interlocal
Agreement on the respective dates under each signature: BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor
o Vice -Mayor, authorized to execute same by Board action on the Jlp"ay of
20611r . and signing
duly authorized to execute same.
by and through its
ATTEST:
County Administrator
Ex -Off icio Clerk of
the Board of County
Commissioners of Bri
County, Florida
Approved as to Insurance
Requirements
CAF#550
01/24/05 Revised
1%%
COUNTY
Vx
70
71�
Ire,
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
W P , 105 PRAMIC-. z_
IN I r
03 '40 --- ---
Mays-02
of 20
Approved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
B 4��_ [.;.-
Deputy County Attorney :Z
INTERLOCAL AGREEMENT FOR ACQUISITION, IMPROVEMENT/ENHANCEMENT,
OPERATION AND MANAGEMENT OF OPEN SPACE SITE OS-1 17 WATER'S EDGE
PARK.
WITNESSES:
ATTEST:
City Clerk
CAF#550
01/24/05 Revised
CITY
20
CITY OF TAMARAC
By
Mayor -Commissioner
,ZA day of March 20A,5—,.
B �,/, 0 o - s, C , / 1 Y4 4
City' Manager
23 day of —M a rch 20D
city
FORM:
�712
EXHIBIT A
LEGAL DESCRIPTION OF SITE
All of SUMMIT PROFESSIONAL COMPLEX, LESS the West Two
Hundred Forty Nine feet (W 249') thereof, according to the Plat thereof as
recorded in Plat Book 10 1, Page 29, of the Public records of Broward
County, Florida. Containing approximately 5.95 acres, more or less
CAF#550
01/24/05 Revised
21
CAF#550
01 /24/05 Revised
EXHIBIT B
CONCEPTUAL RESOURCE MANAGEMENT PLAN OR
OPEN SPACE PARK MANAGEMENT PLAN
22
EXHIBIT "B"
CONCEPTUAL OPEN SPACE PARK MANAGEMENT PLAN
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
IMPROVEMENT / ENHANCEMENT / OPERATION / MANAGEMENT BY THE
CITY OF TAMARAC OF THE OPEN SPACE SITE REFERRED TO AS
(OS-1 17) Water's Edge Park
February 21, 2005
Page I of 4
INTRODUCTION
The Water's Edge Park (#OS-1 17) is a 5.95 acre property located on the South side of
NW 61 st ST. just east of University Dr.
This management plan shall ensure that the goals and objectives of Broward County
Resolution 2000-1230 are satisfied and provide a timeline for completion of required
improvements. Section 4.03.a of the Resolution states that property listed in the Open
Space Inventory shall include "undeveloped or agricultural land which can function, if
appropriately developed and managed, to optimize water recharge quality and quantity,
air quality and environmental benefits of the site while providing public use."
II PURPOSE OF THEPROJECT
The primary goal of the Land Preservation Program is to ensure the preservation and/or
creation of ecologically valuable lands while expanding the passive recreation
opportunities for the residents of Broward County. This project shall incorporate these
values in the planning, implementation, maintenance and operation of the site.
The project consists of removal of exotic pest plants, landscaping 30% of the site with
upland native plant landscaping, and development of the site as a passive park.
III SITE DEVELOPMENT
The City shall provide the following improvements:
Native Landscaping on at least 30% of the site
walking/jogging trail
basketball court
picnic area
tot lot
In order to adhere to the directives stated in Section 4.03.a of Resolution 2000-1230
and ensure passive recreation opportunities, Broward County has developed a standard
for active recreation and impervious surfaces for lands acquired through this Program.
The standard is as follows:
Impervious surfaces and surfaces requiring intense fertilization and pest
controI, such as ballfields, shall not exceed 30% of the project area,
excluding park access infrastructures such as parking areas,
entranceways and restroom facilities.
Upon completion of this passive park project, the area comprised of impervious
surfaces and/or dedicated to active recreation shall not exceed thirty percent (30%) of
the total project area, excluding park access infrastructures such as parking areas,
entranceways and restroorn facilities.
Page 2 of 4
IV KEY MANAGEMENT ACTIVITIES
Exotic Veaetation
The City, as manager of the site, shall be responsible for the removal of all invasive
exotic vegetation and the prevention of future growth and spread of such vegetation.
Once the site has been developed, the City shall ensure that invasive exotic vegetation
does not reestablish within the park.
Native Vegetation
Existing native vegetation shall be preserved and incorporated into the park landscape
design. The City shall landscape at least 30% of the site with native species and
maintain such species in a manner which ensures their viability. Xeriscape design shall
be used where appropriate. The location of this landscaping shall be determined by the
City and depicted in the final Open Space Park Management Plan, which shall contain a
list of the native species anticipated to be used in landscaping and a map of the
landscaped portions of the site.
NatureScape Broward Principles
The NatureScape Broward program focuses on nine (9) principles for "Florida Friendly"
landscapes. City/Town shall incorporate all applicable principles into park development
and note such actions in the Final Park Management Plan.
City/Town shall apply for either a Backyard Wildlife Habitat certification through the
National Wildlife Federation or the Florida Yards & Neighborhoods certification through
the University of Florida IFAS Extension within three (3) months of opening the site to
the public.
For more information regarding the implementation of NatureScape practices to your
project please contact 954-519-0317.
Illecial DUMDin
Prior to site development, the City shall ensure that illegal dumping of waste does not
occur on the site and, if such activity does occur, it is the City's responsibility to remove
and properly dispose of such items. If hazardous materials are discovered on the site,
the City shall immediately notify the Broward County Department of Planning and
Environmental Protection
Archaeological Features
Prior to commencement of any proposed development activities, measures shall be
taken to determine the presence of archaeological sites.
Page 3 of 4
Public Access
Once the site has been fully developed, the City shall allow public access to the site
during hours of operation determined by the City.
Signage
The City shall install a temporary sign, at the City's expense, the design and schematics
of which shall be provided by the County, in a highly visible area of the project site
recognizing the efforts of the Broward County Board of County Commissioners and
funding through the Safe Parks and Land Preservation Bond.
Upon completion of the project, the City shall construct and install a permanent sign, at
the City's expense, in accordance with the aforementioned standards.
V PRIORITY SCHEDULE
Within three (3) months of the transfer of funds from the County to the City, the City
shall perform the necessary site maintenance (i.e. mowing) to prevent the growth and
spread of exotic vegetation. This task shall be performed a minimum of four (4) times
per year, or as deemed necessary by the County, until the project is fully developed.
Within six (6) months of the transfer of funds from the County to the City, the City shall
install the temporary sign.
Within eighteen (18) months of the transfer of funds from the County to the City, the City
shall remove any existing waste from the site. The City shall ensure that future illegal
dumping of waste does not occur on the site through a monitoring and security program.
If such activity does occur, the City shall be responsible for removing and properly
disposing of such waste.
Within two (2) years of the transfer of funds from the County to the City, the City shall
integrate the major elements of the project into the City's five-year Capital Improvement
Plan. The major elements of the project that are to be integrated include, but are not
limited to, securing the site, removing invasive exotic plant species and landscaping
with native species, developing park infrastructure, and establishing a timeline to
provide public access. These elements shall be completed on a schedule outlined in
the final Open Space Park Management Plan.
VI MONITORING
The County shall monitor the site for compliance with the provisions of the final Open
Space Park Management Plan for the period of five (5) years from the date of the
mutual acceptance of and approval of the final Open Space Park Management Plan.
The City shall allow County staff access onto the property during these visits.
Page 4 of 4
4
Document prepared by:
INSTR # 105291018
OR BK 40332 Pages 399 - 403
RECORDED 08/19/o5 10:49:30
BROWARD COUNTY COMMISSION
DEPUTY CLERK 1032
#2, 5 Pages
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS, made this day of
20a by City of Tamarac, hereinafter referred to as "PROPERTY OWNER."
W I T N E S S E T H
WHEREAS, PROPERTY OWNER is the fee title owner of that certain real property located in
Broward County, Florida, as described in Exhibit "A," attached hereto and made a part hereof, (the
PROPERTY); and
WHEREAS, the PROPERTY was acquired in whole or in part through Broward County's Safe
Parks and Land Preservation Bond Program; and
WHEREAS, the use of the PROPERTY shall be in accordance with the provisions of the terms
and conditions contained in Broward County's Safe Parks and Land Preservation Bond Program, as set
forth in Broward County Resolution No. 2000-1230 and the Interlocal Agreement (the AGREEMENT)
entered into with Broward County for Acquisition, Improvement, Enhancement, Operation and
Management of Conservation Land, Green Space and Open S R ace Sites approved by the Broward
County Board of County Commissioners on the -1 to wday of �A,� 20�6<
NOW, THEREFORE, PROPERTY OWNER hereby declares that the Property shall be
developed, held, maintained, transferred, sold, conveyed and owned subject to the following designations
and restrictive covenants:
RECITALS
The recitals set forth above are true and correct and are incorporated into these restrictive covenants.
2. RESTRICTIONS
(a) The PROPERTY shall be preserved as open space and for recreational use in
perpetuity.
(b) Only buildings necessary for and ancillary to the open space and recreational use
shall be allowed.
CAF#552
03/17/03 Revised
tp I P-5,
[(-,I C
(c) Any proposed use for the Site shall be consistent with the terms and conditions
contained in the Final Open Space Park Management Plan
(d) No use of the PROPERTY shall be allowed which is inconsistent with the intent and
purpose of this Declaration of Restrictive Covenants, the AGREEMENT and the Final Open
Space Park Management Plan.
3. MODIFICATION AND TERMINATION
No revisions to the Declarations of Restrictive Covenants shall be permitted unless specifically approved
by the Board of County Commissioners of Broward County, Florida (the BOARD), in accordance with the
procedures set forth below. If PROPERTY OWNER, its successors and assigns wishes to modify or
terminate these restrictive covenants, it shall be required to do the following:
(a) PROPERTY OWNER must apply to the BOARD for an amendment to, or termination
these restrictive covenants.
(b) It shall be at the sole discretion of the BOARD whether to modify or terminate these
restrictive covenants.
4. COVENANT RUNNING WITH THE LAND
This Declaration of Restrictive Covenants shall be recorded in the Public Records of Broward County,
Florida, and shall run with the PROPERTY described in Exhibit 'A" and shall be binding on all persons and
entities acquiring title to or use of the PROPERTY.
5. ENFORCEMENT
Broward County, through its Board of County Commissioners, its successors and assigns, is the
beneficiary of these restrictive covenants and as such, Broward County may enforce these restrictive
covenants by action at law or in equity against any person or persons, entity or entities, violating or
attempting to violate the terms of these Restrictions. Broward County shall provide PROPERTY OWNER
with a written notice of violations for any provision of this Declaration and allow PROPERTY OWNER
ninety (90) days to cure the violation. If PROPERTY OWNER fails to remedy the default within the time
frame set forth above, PROPERTY OWNER shall transfer fee simple title of the PROPERTY to Broward
County within sixty (60) days of the date of Broward County requests transfer of the PROPERTY.
6. WAIVER
Any failure by Broward County to enforce these restrictive covenants shall not be deemed a waiver of the
right to do so thereafter.
7. INVALIDATION
Invalidation of any one of these restrictive covenants by judgment or court order shall in no way affect any
other conditions which remain in full force an effect.
CAF#552
03/17/03 Revised 2
8. EFFECTIVE DATE
The Declaration of Restrictive Covenants shall become effective upon recordation in the Public Records
of Broward County, Florida.
CAF#552
03/17/03 Revised
,—Kc cl'j� 9-F 0AIA1,444C 6liel
IN WITNESS WHEREOF,JOC -'Y-A Ml bcr- '�-JCF&St H, I- as hereunto set its
authorized hand this gU day of Mcrrh -,20-jOS. I
WITNESSES: CITY OF
eA -D By )c-c c- 6�
Mayor -Commissioner
c " A"-&U�
U-
ATTEST:
City Clerk,�
(CORPORATE SEAL)
CAF#552
03/17/03 Revised
4
A3 day of MOY-Ch 20-2T
By
Cky Manager
AS day of Ma #rCh 20-Q�
A; dayof ff)crc-h , 20.aS"
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
All of SUMMIT PROFESSIONAL COMPLEX, LESS the West Two
Hundred Forty Nine feet (W 249') thereof, according to the Plat
thereof as recorded in Plat Book 101, Page 29, of the Public
records of Broward County, Florida. Containing approximately 5.95
acres, more or less .
CAF#552
03/17/03 Revised
5