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HomeMy WebLinkAboutCity of Tamarac Resolution R-2021-071Temp. Reso. 13621 June 6, 2021 isPage 1 CITY OF TAMARAC, FLORIDA • RESOLUTION NO. R- 2021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC REGARDING PROPERTY TRANSFERS PROVIDING FOR THE CITY'S TRANSFER OF THE AITKEN PROPERTY TO THE COUNTY IN EXCHANGE FOR THE WEST LAKE PARK PROPERTY AND THE TERMS OF LEASE OF THE WEST LAKE PARK PROPERTY TO THE COUNTY; AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE SAID AMENDMENT; AUTHORIZING THE MAYOR AND THE CITY MANAGER TO TAKE ANY AND ALL ACTIONS CONSISTENT WITH THIS RESOLUTION, INCLUDING BUT NOT LIMITED TO THE EXECUTION OF A WARRANTY DEED AND ALL CLOSING DOCUMENTS, NECESSARY TO EFFECTUATE THE TRANSFER AND THE EXECUTION OF GROUND LEASE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is the owner of approximately 3 acres of real property located at 3801 South Flamingo Road, Davie, FL 33330 (Aitken property); and WHEREAS, Broward County is the owner of approximately 3 acres of real property located approximately at 1200 Sheridan Street, Hollywood, FL 33019 (West Lake Park property); and WHEREAS, Broward County and the City of Tamarac desire to facilitate the exchange of the Aitken property for the West Lake Park property; and WHEREAS, Broward County further desires to lease the West Lake propertyfrom the City of Tamarac; and WHEREAS, the City of Tamarac City Commission via R-2019-107 approved the 0 Interlocal Agreement between Broward County and the City of Tamarac Regarding Temp. Reso. 13621 June 6, 2021 Page 2 Acquisition of Property assigning the right to purchase the Aitken property to the City of Tamarac; and WHEREAS, the First Amendment to Interlocal Agreement between Broward County and the City of Tamarac Regarding Property Transfers (attached HERETO as Exhibit A) provides for the City's transfer of the Aitken property to the County in exchange for the West Lake Park property and defines the terms of lease of the West Lake Park property to the County; and WHEREAS, the First Amendment to Interlocal Agreement between Broward County and the City of Tamarac Regarding Property Transfers is mutually beneficial to the City and County given that it will provide the opportunity for the conservation of the Aitken property and the utilization of the West Lake Park property as • a site for the County's public safety communications; and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of Tamarac to approve the First Amendment Interlocal to Interlocal Agreement between Broward County and the City of Tamarac Regarding Property Transfers, authorize the Mayor and the City Manager to execute this Amendment and to take any and all actions consistent with this resolution necessary to effectuate the property transfer and to execute the Ground Lease (attached HERETO as Exhibit B), including but not limited to the execution of a warranty deed and all closing documents; and WHEREAS, Broward County approved the First Amendment to Interlocal Agreement between Broward County and the City of Tamarac Regarding Property 0 Temp. Reso. 13621 June 6, 2021 Page 3 • Transfers at its May 18, 2021meeting (County Resolution 2021-286, attached HERTO as Exhibit C). WHEREAS, public notice has been issued in accordance with Code Section 2- 316. 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. All exhibits attached HERETO and referenced HEREIN are expressly incorporated and made a specific part of this Resolution. • Section 2: The City Commission of the City of Tamarac HEREBY approves the First Amendment to Interlocal Agreement between Broww-d County and the City of Tamarac Regarding Property Transfers providing for the City's transfer of the Aitken property to the County in exchange for the West Lake Park property and the terms of lease of the West Lake Park property to the County. Section 3: The City Commission of the City of Tamarac HEREBY authorizes the Mayor and the City Manager to execute the First Amendment to Interlocal Agreement between Broward County and the City of Tamarac Regarding Property Transfers. Section 4: The City Commission of the City of Tamarac HEREBY authorizes the Mayor and the City manager to take any and all actions consistent with this Resolution, including but not limited to the execution of a warranty deed and all closing documents, 0 necessary to effectuate the transfer and the execution of Ground Lease. Temp. Reso. 13621 June 6, 2021 Page 4 • Section 5: All Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. Section 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. Section 7: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this day of , 2021. kl�a i 9 - M1lCHrz—LM-'J. G EZ • MAYOR ATTEST. iENNfFER JOHNSON, CIVIC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: V/M VILLALOBOS --�-� DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this Resolution as to form. 0 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC REGARDING PROPERTY TRANSFERS This First Amendment to Interlocal Agreement ("First Amendment") is entered into by Broward County, a political subdivision of the State of Florida (the "County"), and the City of Tamarac, a Florida municipal corporation (the "City') (collectively, the County and the City are referred to as the "Parties"). RF('ITAI C A. The County and the City are parties to that certain Interlocal Agreement Regarding Transfer of Property, dated October 15, 2019 ("Agreement"), pursuant to which County assigned to City its right to purchase of certain property located at 3801 South Flamingo Road, Davie, Florida ("Aitken Property'). B. Pursuant to the Agreement, the City has acquired the Aitken Property. C. The Parties now desire to amend the Agreement to provide for an exchange of property pursuant to Section 125.37, Florida Statutes. Specifically, the County desires to transfer to the City a portion of property located in West Lake Park at approximately 1200 Sheridan Street, Hollywood, Florida ("WLP Property"), as more particularly described below and in Exhibit D, and the City desires to transfer the Aitken Property to the County as a like acre -for -acre replacement of the transferred WLP Property. D. The Parties also desire to set forth the terms of a lease agreement between the City, as lessor, and the County, as lessee, for the WLP Property. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby amend the Agreement as follows: 1. All Recital clauses stated above are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this First Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Article 1 of the Agreement shall be amended to add a new Section 1.4 as follows: 1.4 WLP Property shall mean the portion of property located in West Lake Park at approximately 1200 Sheridan Street, Hollywood, Florida, as more particularly described in Exhibit D. 3. Article 2 of the Agreement shall be amended to add new Sections 2.2 and 2.3 as follows: First Amendment Broward County and City of Tamarac Interlocal Agreement Page 1 of 8 2.2 WLP Property Exchange. 2.2.1 Property Exchange. Within thirty (30) calendar days after the effective date of the First Amendment to this Agreement (or such longer period as the County Administrator may approve in writing) and, provided that the County has authorized the exchange pursuant to Section 125.37, Florida Statutes, the City shall transfer the Aitken Property to the County in exchange for the WLP Property, as a like acre -for - acre replacement of the WLP Property. The County shall be solely responsible for all taxes, recording fees, or other reasonable out-of-pocket expenses incurred in connection with the transaction. The City hereby approves the warranty deed in the form attached as Exhibit E and authorizes its Mayor and City Manager to execute a warranty deed in the form attached as Exhibit E and all closing documents necessary to effectuate the City's transfer of the Aitken Property to the County and the County's transfer of the WLP Property to the City. The City acknowledges that the County will transfer the WLP Property through a quitclaim deed evidencing the transfer pursuant to the terms of this Agreement. 2.3 WLP Property Lease. The City shall lease the WLP Property to the County to be used for park purposes and utilization as a site for a radio communications tower and related equipment for the County's public safety communications network. The lease shall be recorded in the Official Records of Broward County, at the County's expense. The County shall prepare an appropriate lease agreement, in form and substance reasonably acceptable to the Parties, detailing the terms and conditions of the lease, which shall include the following: 2.3.1 The annual rent to be paid by the County to the City for the WLP Property shall be Sixty -Two Thousand Four Hundred Dollars ($62,400), paid annually in advance. This amount shall increase two percent (2%) each year the lease remains in effect. Subject to the other terms and conditions of this Agreement, the lease shall be effective for a term of fifty (50) years, with three (3) automatic renewals, thereafter, each for a period of ten (10) years. Upon termination of the lease, if requested by County, the Parties agree to enter into a subsequent lease on the same terms stated in Section 2.3, including without limitation the same financial and durational terms and the repurchase right stated below, and other customary lease terms as to which neither party shall unreasonably object. 2.3.2 The County shall be solely responsible for all maintenance, repair, and security on the WLP Property. 2.3.3 The County may restrict the City's access to the WLP Property as the County determines appropriate, based upon the County's use of the WLP Property. 2.4 County Option to Repurchase WLP Property. If the County decides for any reason not to construct a radio communications tower and related equipment on the WLP Property, the County shall have the option to repurchase the WLP Property from First Amendment Broward County and City of Tamarac Interlocal Agreement Page 2 of 8 the City for nominal consideration at any time during the term of the lease. If the radio communications tower and related equipment are constructed on the WLP Property, the County shall have the option to repurchase the WLP Property from the City for nominal consideration at any time after five (5) years after the commencement date of the lease. If the County exercises its repurchase option, the County shall prepare, and the City shall execute (and shall authorize an appropriate signatory to execute) all closing documents necessary to effectuate the County's repurchase of the WLP Property. If such purchase occurs, the lease shall terminate effective upon conveyance to the County of the WLP Property, in which event neither party shall have any further rights or obligations under the lease. 4. Section 3.3 of the Agreement is deleted in its entirety and replaced with the following: 3.3 Statement of Intent; Further Assurances. The Parties acknowledge that the purpose of this Agreement is to permit the County's use of the WLP Property to construct and operate a radio communications tower for the County's public safety radio system. In order for the WLP Property to be used for this purpose, the Broward County Charter requires that the WLP Property be transferred to a municipality in exchange for municipal - owned property that will be restricted to park purposes. To facilitate the exchange at no cost to the City, the Aitken Property was acquired in the name of the City with funds provided by the County; and ownership of the WLP Property is being transferred to the City to be leased back to the County. This Agreement shall be construed to effectuate the intent of the Parties stated in this paragraph. The Parties shall execute and deliver such further documents and instruments and take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement or to show the ability to carry out the intent and purposes of this Agreement. 5. The Agreement is amended to incorporate Exhibit D and Exhibit E of this First Amendment as Exhibit D and Exhibit E to the Agreement. 6. Effective Date; Time is of the Essence. The First Amendment shall become effective as of the date it is executed by the last of the Parties executing the First Amendment. 7. Joint Preparation. This First Amendment has been jointly prepared by the Parties hereto, and shall not be construed more strictly against any party. 8. Headings and Interpretation. The headings contained in this First Amendment are for reference purposes only and shall not in any way affect the meaning or interpretation of this First Amendment. All personal pronouns used in this First Amendment shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this First Amendment as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Any reference to days shall be deemed to refer to calendar days unless otherwise expressly stated. First Amendment Broward County and City of Tamarac Interlocal Agreement Page 3 of 8 9. Counterparts. This First Amendment may be executed in multiple originals, and may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. First Amendment Broward County and City of Tamarac Interlocal Agreement Page 4 of 8 IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Board action on the llb ' day of 2021, and the CITY OF TAMARAC, signing by and through its Mayor, duly authoriz d to execute same. WITNESSES: Signature of Witness 1 Ariel Walker Print Name of itness 1' Signature f Witness 2 MAR ANN1= DARBY Print Name of Witness 2 .. z5 s, rd. .'. CREATED F�?s 0 iM OL:T 1 c t X �QoCUUt��t�y� Y� AEA First Amendment Interlocal Agreement with Tamarac 4/5/2021 4561682 COUNTY BROWARD COUNTY, by and through its Count dminis rator By: Bertha Henry County Administrator 2day of 20ZI Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By: lal A�1I Annika E. Ashton (Date) Deputy County Attorney First Amendment Broward County and City of Tamarac Interlocal Agreement Page 5 of 8 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC REGARDING PROPERTY TRANSFERS CITY ' ESTA8L.ISHED ATTEST: 10 1963 U = SEAt /0 U N-0 \\\. L� CIT CLERK _Wig- L,o-/ CITY OF TAMARAC CITY 14.41YOR 1 Print Name day of 2021 APPROVED AS TO FORM & LEGAL SUFFICIENCY for the use and reliance of the City of Tl mprAIc, Florida: City Otto First Amendment Broward County and City of Tamarac Interlocal Agreement Page 6 of 8 Exhibit D (WLP Property including Access Road Parcel) I9_1I'M4We1 A portion of the Northeast one -quarter (NE 1/4) of the Southwest one -quarter (SW 1/4) of the Northwest one -quarter (NW 1/4) of Section 11, Township 51 South, Range 42 East, being more particularly described as follows: Commencing at the Southwest corner of Northwest one -quarter (NW 1/4) of said Section 11, thence North 88°06'10" East along the South line of the Northwest one -quarter (NW 1/4) of said Section 11, a distance of 830.59 feet; thence North 01°13'56" East, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence North 88°00'05" East along said line, for a distance of 74.95 feet to the Point of Beginning; thence North 23°54'58" East, a distance of 85.96 feet; thence South 66°06'36" East, a distance of 80.18 feet; thence South 24°00'05" West, a distance of 90.17 feet to the Westerly line of those lands described in Official Records Book 23507, Page 417; thence North 47°39'51" West along said line, for a distance of 55.42 feet, thence South 88°00'05" West, a distance of 30.53 feet to the Point of Beginning. TOGETHER WITH PARCEL B That part of the Northwest one -quarter of Section 11, Township 51 South, Range 42 East, Broward County, Florida; being more particularly described as follows: A 60 foot wide parcel lying 30 feet each side of the following described centerline: Commencing at the Southwest corner of Northwest one -quarter (NW 1/4) of said Section 11; thence N88°06'10" E along the south line of the Northwest one -quarter (NW 1/4) of said Section 11, a distance of 830.59 feet; thence N01°13'56"E, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence N88°00'05"E along said line, for a distance of 74.95 feet; thence N23°54'58"E, a distance of 85.96 feet; thence S66°06'36"E, a distance of 42.35 feet to the POINT OF BEGINNING of the herein described centerline; thence N68°47'20"E, a distance of 44.72 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 82°36'48", a distance of 36.05 feet to a point of tangency; thence N13°49'29"W, a distance of 181.95 feet; thence N26°02'01"W, a distance of 70.27 feet to the point of curvature of a curve with a radius of 29.72 feet, concave to the east; thence northwesterly along said curve to the right through a central angle of 54°19'28", a distance of 28.17 feet to a point of tangency; thence N28°17'27"E, a distance of 89.77 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the west; thence northeasterly along said curve to the left through a central angle of 59°50'45", a distance of 26.11 feet to a point of tangency; thence N31°33'18"W, a distance of 86.49 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the east; thence northwesterly along said curve to the right through a central angle of 27°01'45", a distance of 11.79 feet to a point of tangency; thence N04031'33"W, a distance of 112.82 feet; thence N04020'57"W, a distance of 64.16 feet to the point of First Amendment Broward County and City of Tamarac Interlocal Agreement curvature of a curve with a radius of 123.61 feet, concave to the southeast; thence northerly along said curve to the right through a central angle of 97027'45", a distance of 210.27 feet to a point of tangency; thence S86053'12"E, a distance of 51.02 feet to the point of curvature of a curve with a radius of 157.58 feet, concave to the north; thence easterly along said curve to the left through a central angle of 34°11'12", a distance of 94.02 feet to a point of tangency; thence N58°55'36"E, a distance of 38.01 feet to the point of curvature of a curve with a radius of 108.05 feet, concave to the south; thence northeasterly along said curve to the right through a central angle of 24°10'52", a distance of 45.60 feet to a point of tangency; thence N83°06'28"E, a distance of 44.83 feet; thence N86°43'45"E, a distance of 60.06 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 81°28'37", a distance of 35.55 feet to a point of tangency; thence N05°15'08"E, a distance of 94.71 feet; thence N05°49'12"E, a distance of 119.50 feet to the point of curvature of a curve with a radius of 194.56 feet, concave to the west; thence northerly along said curve to the left through a central angle of 20°40'29", a distance of 70.21 feet to a point of tangency; thence N14°51'17"W, a distance of 49.81 feet to the point of curvature of a curve with a radius of 148.86 feet, concave to the east; thence northerly along said curve to the right through a central angle of 65°48'56", a distance of 171.00 feet to a point of tangency; thence N50°57'38"E, a distance of 27.70 feet to the point of curvature of a curve with a radius of 126.58 feet, concave to the northwest; thence northeasterly along said curve to the left through a central angle of 49°07'08", a distance of 108.51 feet to a point of tangency; thence N01°50'31"E, a distance of 111.53 feet to the south right of way line of Sheridan Street and the Point of Terminus of said centerline. The side lines of the above described easement are prolonged or shortened as necessary in order to form a 60 foot wide strip bounded on the South by the north line of a communication tower parcel (with a bearing of S 66°06'36" E) and on the North by the south right of way line of Sheridan Street (with a bearing of S 87°51'11" W). First Amendment Broward County and City of Tamarac Interlocal Agreement Instr# 117505064 , Page 1 of 4, Recorded 08/13/2021 at 02:33 PM Broward County Commission Deed Doc Stamps: $0.00 Return recorded copy to: Broward County Facilities Management Division Real Property Section 115 South Andrews Avenue, Room 501 Fort Lauderdale, FL 33301 This document prepared by and approved as to form by: Annika E. Ashton Broward County Attorney's office 115 South Andrews Avenue, Room 423 Fort Lauderdale, FL 33301 Folio: 51421100 0020 5142 1100 0010 5142-1100-0080 QUITCLAIM DEED (Pursuant to Sections 125.411 and 125.35(2), Florida Statutes) THIS QUITCLAIM DEED, made this iday of � 209L by BROWARD COUNTY, a political subdivision of the State of Florida "Grantor"), whose address is Governmental Center, Room 423, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301, and the CITY OF TAMARAC, a Florida municipal corporation ("Grantee"), whose address is 7525 NW 881 Avenue, Tamarac, Florida 33321. (The terms "Grantor" and "Grantee" as used herein shall refer to the respective parties, and the heirs, personal representatives, successors, and assigns of such parties.) WITNESSETH: That Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable considerations, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto Grantee, its successors and assigns, forever, all of Grantor's rights, title, and interest, if any, in and to that certain real property described in Exhibit A, attached hereto and made a part hereof. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit, and behalf of the said Grantee forever. THIS CONVEYANCE IS SUBJECT TO all zoning rules, regulations, and ordinances and other prohibitions imposed by any governmental authority with jurisdiction over the Property conveyed herein; existing public purpose utility and government easements and rights of way and other matters of record; and real estate taxes for this year 2021 and all subsequent years. 01 Instr# 117505064 , Page 2 of 4 IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. GRANTOR (Officia al) BROWARD COUNTY, by and through AT its Board of County Commissioners ope: 1.06. by stave Geller By; Steve Geller ��Mt_�.��.,z0 rd County Mrnwstrat Mayor ex officio Clerk of the Broward County �" 11 Board of County Commissioners lOday of 20 o� I �ONGOEM�M/SS��'�. = CREATED 0� p:CD OCT 1st o Cn= `' -c 1915 'ib CiriilCCi.-' •� REF: Approved BCC May 18, 2021 Item No: 41 Return to BC Real Property Section QCD to City of Tamarac— West Lake parcel Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By: ly signed by A N N I KA E. ;,ANNIKA ASHTON ASHTON ,��-15�r�4 04008 Annika E. Ashton. (Date) Deputy County Attorney Instr# 117505064 , Page 3 of 4 EXHIBIT A PARCEL A A portion of the Northeast one -quarter (NE 1/4) of the Southwest one -quarter (SW 1/4) of the Northwest one -quarter (NW 1/4) of Section 11, Township 51 South, Range 42 East, being more particularly described as follows: Commencing at the Southwest corner of Northwest one -quarter (NW 1/4) of said Section 11, thence North 88°06'10" East along the South line of the Northwest one -quarter (NW 1/4) of said Section 11, a distance of 830.59 feet; thence North 01°13'56" East, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence North 88°00'05" East along said line, for a distance of 74.95 feet to the Point of Beginning; thence North 23°54'58" East, a distance of 85.96 feet; thence South 66°06'36" East, a distance of 80.18 feet; thence South 24'00'05" West, a distance of 90.17 feet to the Westerly line of those lands described in Official Records Book 23507, Page 417; thence North 47°39'51" West along said line, for a distance of 55.42 feet, thence South 88°00'05" West, a distance of 30.53 feet to the Point of Beginning. TOGETHER WITH PARCEL B That part of the Northwest one -quarter of Section 11, Township 51 South, Range 42 East, Broward County, Florida; being more particularly described as follows: A 60 foot wide parcel lying 30 feet each side of the following described centerline: Commencing at the Southwest corner of Northwest one -quarter (NW 1/4) of said Section 11; thence N88°06'10" E along the south line of the Northwest one -quarter (NW 1/4) of said Section 11, a distance of 830.59 feet; thence N01`13'56"E, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence N88°00'05"E along said line, for a distance of 74.95 feet; thence N23"54'58"E, a distance of 85.96 feet; thence S66°06'36"E, a distance of 42.35 feet to the POINT OF BEGINNING of the herein described centerline; thence N68°47'20"E, a distance of 44.72 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 82'36'48", a distance of 36.05 feet to a point of tangency; thence N13`49'29"W, a distance of 181.95 feet; thence N26°02'01"W, a distance of 70.27 feet to the point of curvature of a curve with a radius of 29.72 feet, concave to the east; thence northwesterly QCD to City of Tamarac — West Lake parcel Instr# 117505064 , Page 4 of 4, End of Document along said curve to the right through a central angle of 54°19'28", a distance of 28.17 feet to a point of tangency; thence N28°17'27"E, a distance of 89.77 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the west; thence northeasterly along said curve to the left through a central angle of 59'50'45", a distance of 26.11 feet to a point of tangency; thence N31°33'18"W, a distance of 86.49 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the east; thence northwesterly along said curve to the right through a central angle of 27°01'45", a distance of 11.79 feet to a point of tangency; thence NW31'33"W, a distance of 112.82 feet; thence N04°20'57"W, a distance of 64.16 feet to the point of curvature of a curve with a radius of 123.61 feet, concave to the southeast; thence northerly along said curve to the right through a central angle of 97°27'45", a distance of 210.27 feet to a point of tangency; thence S86"53'12"E, a distance of 51.02 feet to the point of curvature of a curve with a radius of 157.58 feet, concave to the north; thence easterly along said curve to the left through a central angle of 34*11'12", a distance of 94.02 feet to a point of tangency; thence N58'55'36"E, a distance of 38.01 feet to the point of curvature of a curve with a radius of 108.05 feet, concave to the south; thence northeasterly along said curve to the right through a central angle of 24°10'52", a distance of 45.60 feet to a point of tangency; thence N83°06'28"E, a distance of 44.83 feet; thence N86°43'45"E, a distance of 60.06 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 81°28'37", a distance of 35.55 feet to a point of tangency; thence N05'15'08"E, a distance of 94.71 feet; thence N05°49'12"E, a distance of 119.50 feet to the point of curvature of a curve with a radius of 194.56 feet, concave to the west, thence northerly along said curve to the left through a central angle of 20°40'29", a distance of 70.21 feet to a point of tangency; thence N14°51'17"W, a distance of 49.81 feet to the point of curvature of a curve with a radius of 148.86 feet, concave to the east; thence northerly along said curve to the right through a central angle of 65'48'56", a distance of 171.00 feet to a point of tangency; thence N50°57'38"E, a distance of 27.70 feet to the point of curvature of a curve with a radius of 126.58 feet, concave to the northwest; thence northeasterly along said curve to the left through a central angle of 49*07'08", a distance of 108.51 feet to a point of tangency; thence N01"50'31"E, a distance of 111.53 feet to the south right of way line of Sheridan Street and the Point of Terminus of said centerline. The side lines of the above described parcel are prolonged or shortened as necessary in order to form a 60 foot wide strip bounded on the South by the north line of a communication tower parcel (with a bearing of S 66°06'36" E) and on the North by the south right of way line of Sheridan Street (with a bearing of S 87°51'11" W). QCD to City of Tamarac —West Lake parcel Return recorded copy to: Broward County Facilities Management Division Real Property Section 115 South Andrews Avenue, Room 501 Fort Lauderdale, FL 33301 This document prepared by and approved as to form by: Annika Ashton Broward County Attorney's Office 115 South Andrews Avenue, Room 423 Fort Lauderdale, FL 33301 Folio: 5040 2600 0010 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this,--!;" day off 20 � / , by and between CITY OF TAMARAC, a municipal corporation of the State of Florida whose address is 7525 NW 88th Avenue, Tamarac, Florida 33321, hereinafter called "Grantor" and BROWARD COUNTY, a political subdivision of the State of Florida, whose address 115 South Andrews Avenue, Room 501, Fort Lauderdale, Florida 33301, hereinafter called "Grantee." (Wherever used herein the terms " Grantor" and "Grantee" shall indicate both singular and plural, as the context requires). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt of which is hereby acknowledged, herebygrants, bargains, sells, conveys, and confirms unto Grantee, its successors and assigns forever, all that certain land situate in Broward County, Florida, described in EXHIBIT A, attached hereto and made a part hereof. TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said property in fee simple that Grantor has good right and lawful authority to sell and convey said property, and Grantor hereby fully warrants the title to said property and will defend same against the lawful claims of all persons and parties claiming by, through, or under Grantor, but against none other. WD from City to BC — Aitken parcel IN WITNESS WHEREOF, Grantor has executed this instrument as of the date first above written. Signed, sealed, and delivered in the presence of WITNESS: (Signature) ,AnJN MhPF, 600J (Print Name of Witness) ignature) 'Iot-hzu (Print Name of Witness) STATE OF FLORIDA COUNTY OF BROWARD CITY OF TAMARAC, a municipal corporation of the Florida By: V. Printed Name: Mt el 4c-/Al ( �arnc•Z Title: A&LWQi' — Attest by: Je Wife Joh on,ity_ .EgTAB��SHEU : o e O ' SEAL • ��: ACKNOWLEDGMENT COU V \\\ � /IfII�� . The foregoing instrument was acknowledged before me, by means of dphysical presen�e or ❑ online nota,gz ion, this �' day of , 20_2� , by IU r :hill o �. L rv>`�Z as and City Clerk of'theJCity of Tamarac, a municipal corporation of the StFlorida. He/she is personally known to me or has produced as identiftcatio)1. (NOTARY SEAL) (Signature of person taking acknowledgment) ,� �►�'•. NAM:1AY.SMITHNotary Publitate of Florida pCommissiC 341977 My Comm. Es Jun S, 2023Bonded through Nal Notary Assn. REF: Approved BCC May 18, 2021, Item #41 Return to BC Real Property Section WD from City to BC - Aitken parcel A 1 R-k, A zM - T }-{ (Printed name of officer taking acknowledgment) My commission expires: 0-,5 EXHIBIT A to Warranty Deed Legal Description A portion of the Northeast one -quarter (N.E. 1/4) of Section 26, Township 50 South, Range 40 East, in Broward County, Florida, described as follows: Commence at the Northeast corner of said Section 26; Thence South 89'44'56" West on the North line of said Section 26, a distance of 814.97 feet to the POINT OF BEGINNING; Thence South 01047'00" East, a distance of 290.01 feet; Thence South 89°44'56" West, a distance of 450.61 feet; Thence North 01'47'00" West, a distance of 290.01 feet; Thence North 89044'56" East, a distance of 450.61 feet to the POINT OF BEGINNING. Together with an easement for ingress/egress described as follows: A portion of the Northeast one -quarter (N.E. 1/4) of Section 26, Township 50 South, Range 40 East, in Broward County, Florida, described as follows: Commence at the Northeast corner of said Section 26; Thence South 89*44'56" West on the North line of said Section 26, a distance of 814.97 feet; Thence South 01047'00" East, a distance of 290.01 feet to the POINT OF BEGINNING; Thence South 01°47'00" East, a distance of 250.18 feet; Thence South 89'44'56" West, a distance of 25.01 feet; Thence North 01°47'00" West, a distance of 250.18 feet; Thence North 89°44'56" East, a distance of 25.01 feet to the POINT OF BEGINNING Said lands lying in the Town of Davie, Broward County, Florida. Together with a road easement, more particularly described as follows: Commencing at the Northeast corner of the aforementioned Section 26, thence in a Southerly direction along the East line of Section 26, said line also being the center line of Flamingo Road Canal, a distance of 540.19 feet to a point, said point being the POINT OF BEGINNING; thence continue along the aforementioned course a distance of 65.81 feet to a point; thence in a Westerly direction, with an angle of 91*12'23" as measured in a clockwise direction from the aforesaid course, a distance of 1615.36 feet to a point: thence in a Northerly direction with an interior angle of 91°12'23" a distance of 74.56 feet to a point; thence in an Easterly direction parallel to and 540.00 feet South of the North line of Section 26 a distance of 1615.00 feet, more or less, to the POINT OF BEGINNING. Together with all tenements, hereditaments, privileges, rights -of -reverter, servitudes, and other rights appurtenant to the Property; all buildings, fixtures, appliances, and other improvements existing thereon; all fill and top soil thereon; all oil, gas, and mineral rights possessed by Seller thereon; all right, title, and interest of Seller in and to any and all streets, roads, highways, easements, drainage rights, or rights of way appurtenant to the Property; and all right, title, and interest of Seller in and to any and all covenants, restrictions, agreements, and riparian rights benefiting the Property. WD from City to BC — Aitken parcel Exhibit 4 GROUND LEASE AGREEMENT BETWEEN CITY OF TAMARAC AND BROWARD COUNTY This GROUND LEASE AGREEMENT ("Agreement") between the City of Tamarac, a municipal corporation of the State of Florida, whose address is 7525 NW 88 Avenue, Tamarac, Florida 33321 ("City"), and Broward County, a political subdivision of the State of Florida, whose address is 115 South Andrews Avenue, Fort Lauderdale, Florida 33301 ("County"), is entered into and effective as of the date this Agreement is fully executed by the Parties ("Effective Date"). City and County are hereinafter referred to collectively as the "Parties," and individually referred to as a "Party." RECITALS A. City is the owner of the Property, as defined below in Section 2, located at approximately 1200 Sheridan Street, Hollywood, Florida. B. County previously conveyed the Property to City pursuant to Section 8.13 of the Broward County Charter in order to permit the Property to be used for the construction and operation of a radio tower and related equipment for County's emergency communications network. C. County desires to lease the Property from City, and City agrees to lease the Property to County, in accordance with the terms of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual terms, conditions, and promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Recitals. The recitals set forth above are true, accurate, and fully incorporated by reference herein. 2. Property. City is the owner of that certain real property, as more particularly described in Exhibit A, attached to and made a part of this Agreement ("Property"). City hereby leases to County, and County hereby leases from City, the Property. 3. Term. The term of this Agreement shall be fifty (50) years ("Initial Term") commencing on the first day of the calendar month following the Effective Date ("Commencement Date"); if the Effective Date is the first day of the month, the Commencement Date shall be the Effective Date. Thereafter, the term shall automatically renew for three (3) consecutive ten (10) year periods upon the same terms and conditions of this Agreement, for a total renewal period of up to thirty (30) additional years ("Extended Term"). The Initial Term, and any Extended Term, are collectively referred to herein as the "Term." Upon termination of the Extended Term, if requested by County, the Parties agree to enter into a subsequent lease on the same terms stated in this Agreement, Page 1 of 12 Exhibit 4 including without limitation the same financial and durational terms, and other customary lease terms as to which neither Party shall unreasonably object. 4. Rent. 4.1 Commencing on the Commencement Date, County shall pay to City rent ("Rent") as provided in this Section 4. The Rent shall be due on the Commencement Date and, thereafter, on each anniversary of the Commencement Date during the Term. All payments shall be made in lawful money of the United States within ten (10) days after their due date. 4.2 For the first year of the Term, Rent will be in an amount equal to Sixty -Two Thousand Four Hundred Dollars ($62,400.00). 4.3 The Rent shall be adjusted annually on each anniversary of the Commencement Date during the Term (each annual adjustment date being hereinafter referred to as a "Rent Adjustment Date"). On a Rent Adjustment Date, the Rent shall be increased by an amount equal to the product of (i) the Rent paid immediately preceding the Rent Adjustment Date then at hand; and (ii) two (2%) percent. 4.4 If this Agreement is terminated under any provision of this Agreement, City shall prorate Rent to the effective date of the termination ("Termination Date"). County shall be obligated to pay Rent for the period up to, but not including, the Termination Date. City shall return to County prepaid Rent (if any) allocable to any period on and after the Termination Date. 5. County's Use of Property. 5.1 County and its employees, agents, contractors, invitees, and guests shall have the right to use, access, and occupy the Property for park purposes as defined in Section 8.13 of the Broward County Charter and for the purposes of constructing, maintaining, inspecting, repairing, removing, and operating (i) a telecommunications tower site, including a radio tower, antennas, and other public safety communications equipment ("Tower"); and (ii) an equipment building and other facilities necessary or useful to improve public safety radio communication services in the areas serviced by County ("Ground Facilities"). 5.2 County shall be responsible for obtaining all necessary approvals, permits, and licenses required by any governmental authority for County's use of the Property. City agrees to cooperate with County's efforts to obtain necessary approvals, permits and licenses. City agrees to execute, within seven (7) calendar days after County's Page 2 of 12 Exhibit 4 request, any consents required by any governmental authority as part of County's application for such approvals, permits, and licenses. 5.3 During the Term of this Agreement, County shall not use or occupy the Property in violation of any law, ordinance, order, rule, regulation, or other governmental requirement. 6. Utilities; Security; and Access. County shall be responsible for all utilities, security, maintenance, and repair related to the Property. During the Term, City shall only access the Property after receiving County's prior written consent. County may restrict City's access to the Property as County determines appropriate, based upon County's use of the Property. 7. Alterations, Improvements, and Personalty. 7.1 County, in its sole discretion, may make structural or nonstructural alterations or additions to the Property that County deems necessary or useful to improve County's use of the Property. 7.2 Improvements. 7.2.1 All structural alterations and additions to the Property, including all the Tower, Ground Facilities, and all other structures, facilities, fixtures, pavements, and improvements (collectively, "Improvements") shall remain the exclusive property of County. 7.2.2 The Improvements shall be installed, maintained, and operated on the Property at County's sole risk and obligation. City shall not be liable for any damage to the Improvements, or any theft, misappropriation, or loss thereof, except in the event of any damage, theft, misappropriation, or loss caused by City. 7.3 Personalty. 7.3.1 All nonstructural alterations or additions to the Property ("Personalty") shall be and remain the exclusive property of County. 7.3.2 Personalty shall be placed, maintained, and operated on the Property at County's sole risk and obligation. City shall not be liable for any damage to the Personalty, or any theft, misappropriation, or loss thereof, except in the event of any damage, theft, misappropriation, or loss caused by City. Page 3 of 12 Exhibit 4 7.4 Upon the expiration or earlier termination of this Agreement, County shall have no obligation to remove its Improvements or Personalty from the Property. 8. Insurance. 8.1 To the extent permitted by law, and without either Party waiving its sovereign immunity or waiving any limits established by Section 768.28, Florida Statutes, each Party is responsible for all personal injury and property damage caused, either by commission or omission, by that Party or the officers, employees, or agents thereof. 8.2 Each Party acknowledges, without waiving its right of sovereign immunity as provided by Section 768.28, Florida Statutes, that each Party is self -insured for general liability under state law with coverage limits of $200,000 per person and $300,000 per occurrence, or such monetary waiver limits that may change and be set forth by the Florida Legislature. Self-insurance and/or insurance requirements shall not relieve or limit the liability of either Party, except to the extent provided by Section 768.28, Florida Statutes. Both Parties reserve the right to require other insurance coverage that both Parties deem mutually necessary depending upon the risk of loss and exposure to liability. 8.3 County shall require its contractors, while performing services on the Property, to maintain commercial general liability insurance, automobile liability insurance, and workers' compensation insurance as required and approved by County's Risk Department. All contractors shall name City and County as additional insureds on such commercial general liability and automobile liability policies. 9. Default. 9.1 The following shall constitute a "County Default": County materially breaches any term, covenant, or condition that this Agreement requires County to perform, and the breach continues for a period of thirty (30) days after County receives written notice from City, or such additional time as may be reasonably required if the cure cannot be completed within thirty (30) days but is timely commenced and is diligently prosecuted. 9.2 The following shall constitute a "City Default": City materially breaches any term, covenant, or condition that this Agreement requires City to perform, and the breach continues for a period of thirty (30) days after City receives written notice from County, or such Page 4 of 12 Exhibit 4 additional time as may be reasonably required if the cure cannot be completed within thirty (30) days but is timely commenced and is diligently prosecuted. 10. Remedies. 10.1 If a County Default occurs, then City's only remedy is pay the amount or perform the obligation that County has failed to do, at the expense of County, without waiving any of its rights under this Agreement. If City elects the remedy provided herein, within thirty (30) day after City has incurred costs under this provision, City shall invoice County for the cost City incurred to pay the amount or perform the obligation and County shall pay such amount invoiced in accordance with the Broward County Prompt Payment Policy, Section 1-51.6, Broward County Code of Ordinances. 10.2 If a City Default occurs, then County may: 10.2.1 Immediately terminate this Agreement by giving written notice thereof, which termination will be effective upon the date specified in such notice; or 10.2.2 Pay the amount or perform the obligation that City has failed to do, at the expense of City, without waiving any of its rights under this Agreement. If County elects the remedy provided herein, County shall deduct costs incurred from future Rent payments upon presentation of a certified invoice detailing the expense incurred. 11. Liens. The Parties or their employees, agents, or contractors shall have no power or authority to place any liens or other encumbrances of any kind or character upon the right, title, or interest of City in and to the Property. Each Party shall be responsible for the satisfaction or payment for any work, labor, material or services claiming by, through, or under such Party. Each Party shall also be responsible for its own actions, and shall be responsible for its own attorneys' fees and expenses in the event of any litigation filed to enforce any provision of this Agreement. In the event any lien is placed on the Property, such liens shall be discharged by the responsible Party within ten (10) business days after receiving written notice from the other Party of the filing thereof, by bonding, payment, or otherwise. 12. Environmental Contamination. County shall not permit the presence, handling, use, storage or transportation of hazardous or toxic materials in or about the Property, except in strict compliance with all laws, ordinances, rules, regulations, orders and guidelines of all governmental authorities having jurisdiction and the applicable Board of Insurance Underwriters (collectively the "Toxic Waste Regulations"). In no event shall hazardous or toxic materials be disposed of in or about the Property but shall only be Page 5 of 12 Exhibit 4 disposed of by means of a duly licensed hazardous waste disposal service. County shall obtain and maintain throughout the Term all licenses and permits required in connection with County's activities that may involve hazardous or toxic materials. County shall comply with all requirements of the Toxic Waste Regulations including, without limitation, the applicable requirements of Chapter 403, Florida Statutes, and any other federal, state, or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials, waste, or substances now or at any time hereafter in effect. 13. Transfers; Purchase Options. 13.1 No Transfer of Property. During the Term, City shall not sell or otherwise transfer the Property without the prior written consent of County. 13.2 Purchase Options. 13.2.1 Any time after five (5) years after the Effective Date, County may elect to purchase the Property from City for the nominal amount of Ten Dollars ($10.00). 13.2.2 If County, in its sole discretion, decides not to construct the Tower or Ground Facilities, at any time during the Term, County may elect to purchase the Property from City for the nominal amount of Ten Dollars ($10.00). If County elects to purchase the Property under this Section 13.2, County shall prepare, and City shall execute (and shall authorize an appropriate signatory to execute), all closing documents necessary to effectuate County's purchase of the Property. If such purchase occurs, this Agreement shall terminate effective upon of the Property conveyance to County, in which event neither Party shall have any further rights or obligations under this Agreement. 14. Statement of Intent. The Parties acknowledge that the purpose of this Agreement is to permit County's use of the Property to construct and operate a radio communications tower for County's emergency radio system. In order for the Property to be used for this purpose, the Broward County Charter requires that the Property be transferred to a municipality in exchange for municipal -owned property that will be restricted to park purposes. To facilitate the exchange at no cost to City, County funded the purchase by City of certain property located in Davie ("Swap Property"), which Swap Property was exchanged for the Property. Accordingly, ownership of the Property was transferred to City to be leased back to County. This Agreement shall be construed to effectuate the intent of the Parties stated in this paragraph. The Parties shall execute and deliver such further documents and instruments and take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of Page 6 of 12 Exhibit 4 this Agreement or to show the ability to carry out the intent and purposes of this Agreement. 15. Force Maieure. If a fire, casualty, or other causes beyond the reasonable control of the Parties damages all or part of the Tower, Ground Facilities, Improvements, Personalty, or Property, then County, it is sole discretion, may rebuild the damaged property. 16. Radon Gas. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the County Public Health Unit. 17. Severability. In the event any part of this Agreement is found to be invalid or unenforceable by any court of competent jurisdiction, that part shall be deemed severed from this Agreement and the balance of this Agreement shall remain in full force and effect. 18. Law, Jurisdiction, Venue, Waiver of Jury Trial. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. The exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the Seventeenth Judicial Circuit in and for Broward County, Florida. If any claim arising from, related to, or in connection with this Agreement must be litigated in federal court, the exclusive venue for any such lawsuit shall be in the United States District Court or United States Bankruptcy Court for the Southern District of Florida. BY ENTERING INTO THIS AGREEMENT, CITY AND COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. 19. Notices. For a notice to a Party to be effective under this Agreement, notice must be sent via U.S. first-class mail with a contemporaneous copy via e-mail to the addresses listed below and shall be effective upon mailing. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with the provisions of this section. FOR COUNTY: Broward County Administrator Governmental Center 115 South Andrews Avenue Fort Lauderdale, FL 33301 Email Address: bhenry@broward.org Page 7 of 12 Exhibit 4 With a copy to: Office of Regional Communications and Technology Director Broward County 115 S. Andrews Avenue, Room 325 Fort Lauderdale, FL 33301 Email Address: tjackson@broward.org And Real Property Development Director Broward County 115 S. Andrews Avenue, Room 501 Fort Lauderdale, FL 33301 Email Address: Imahoney@broward.org And County Attorney Broward County 115 S. Andrews Avenue, Room 423 Fort Lauderdale, FL 33301 Email Address: ameyers@broward.org and aashton@broward.org FOR CITY: Director of IT City of Tamarac 7525 N.W. 88t" Avenue Tamarac, FL 33321-2401 Email Address: levent.sucuoglu@tamarac.org And City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 Email Address: michael.cernech@tamarac.org Page 8 of 12 Exhibit 4 With a copy to: City Attorney City of Tamarac John R. Herin, Jr. Fox Rothschild, LLP One Biscayne Tower 2 South Biscayne Boulevard, Suite 2750 Miami, FL 33131 Email Address: jherin@foxrothschild.com 20. County Administrator. Unless expressly stated otherwise in this Agreement or otherwise set forth in an applicable provision of the Broward County Procurement Code, Broward County Code of Ordinances, or Broward County Administrative Code, the County Administrator may act on behalf of County under this Agreement. The "County Administrator" is defined as the administrative head of County pursuant to Sections 3.02 and 3.03 of the Broward County Charter. 21. Amendments. No modification, amendment, or alteration of the terms or conditions contained in this Agreement shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by duly authorized representatives of City and County. 22. Materiality and Waiver of Breach. City and County agree that each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's- length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and that each is, therefore, a material term of this Agreement. Either Party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or a modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party. 23. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter," refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all of the subsections of such section, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days" means calendar days, unless otherwise expressly stated. 24. Independent Contractor. Each Party is an independent contractor under Page 9 of 12 Exhibit 4 this Agreement. No partnership, joint venture, or other joint relationship is created by this Agreement. The Parties do not extend to each other any authority of any kind to bind one another in any respect whatsoever. 25. Third -Party Beneficiaries. Neither City nor County intends to directly or substantially benefit a third party by this Agreement. Therefore, the Parties agree that there are no third -party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 26. Compliance with Laws. City and County shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations when performing or exercising their respective duties, responsibilities, rights, and obligations under this Agreement. 27. Joint Preparation. The Parties acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein, and that the preparation of this Agreement has been their joint effort. The Agreement expresses the Parties' mutual intent, and it shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 28. Recording. County, at County's sole cost, shall record this Agreement in the Official Records of Broward County, Florida, within seven (7) days after the Effective Date. Upon the expiration of this Agreement, City is hereby authorized to record a notice of termination in the Official Records of Broward County, Florida, and such notice shall be deemed conclusive evidence that the Agreement has been terminated and no longer in force or effect. 29. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, executors, administrators, successors, and assigns. 30. Incorporation by Reference. Attached Exhibit A is incorporated into and made a part of this Agreement. 31. Representation of Authority. Each individual executing this Agreement hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of that Party and does so with full legal authority. 32. Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. [SIGNATURES AND EXHIBITS ON FOLLOWING PAGES] Page 10 of 12 Instr# 117505067 , Page 11 of 14 Exhibit 4 IN WITNESS WHEREOF, the Parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Board action on the 18th day of May, 2021 (Agenda Item No_ 41), and CITY OF TAMARAC, signing by and through its City Manager, d ly authorized to execute same by City Commission action on the I$\ day of 20__94. WITNESSES: _ iWINS -,-- 1 V11 IV* N N �== — Ariel Walker Prin Name of W►tn 1 'U*Ar1_ Sign ture of rtness 2 TAMARA BRANNON Print Name of Witness 2 O M.At� =J : CREATED ' Z :M_ 4p .= OCT 1st o: �= �r� u 1915 .,• • q ek ,,,ll& AEA Ground Lease for WLP Tower -Tamarac County 06/172021 #56170M COUNTY BROWARD COUNTY, by and through its County Administrator d By. , Ay- Bertha H my County.A ministrator 12_l'21ay of 20ZI Approved as to form by Andrew J. Meyers Broward County Attomey Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier. (954) 357-7641 By: kt �)4,424 Annika E_ Ashton (Date) Deputy County Attorney Page 11 of 12 Instr# 117505067 , Page 12 of 14 Exhibit 4 GROUND LEASE AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF TAMARAC CITY CITY OF TAMARAC, by and through its City Manager Cz4 .� pf TA Mq (CI T •.R9� ; ay of =cv . ESTABLISHED': Q= - 1963 o = I HER ERTIFY that I ve approved this ;O�y'• SEAL ' �% Agreeme to form Cl Page 12of12 =VA M M k wil PROPERTY LEGAL DESCRIPTION: PARCEL A A portion of the Northeast one -quarter (NE 1/4) of the Southwest one -quarter (SW 1/4) of the Northwest one -quarter (NW 1/4) of Section 11, Township 51 South, Range 42 East, being more particularly described as follows: Commencing at the Southwest corner of Northwest one -quarter (NW 1/4) of said Section 11, thence North 88006'10" East along the South line of the Northwest one -quarter (NW 1/4) of said Section 11, a distance of 830.59 feet; thence North 01'13'56" East, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence North 88°00'05" East along said line, for a distance of 74.95 feet to the Point of Beginning; thence North 23°54'58" East, a distance of 85.96 feet; thence South 66°06'36" East, a distance of 80.18 feet; thence South 24°00'05" West, a distance of 90.17 feet to the Westerly line of those lands described in Official Records Book 23507, Page 417; thence North 47°39'51" West along said line, for a distance of 55.42 feet, thence South 88°00'05" West, a distance of 30.53 feet to the Point of Beginning. TOGETHER WITH PARCEL B That part of the Northwest one -quarter of Section 11, Township 51 South, Range 42 East, Broward County, Florida; being more particularly described as follows: A 60 foot wide parcel lying 30 feet each side of the following described centerline: Commencing at the Southwest corner of Northwest one -quarter (NW 1/4) of said Section 11; thence N88°06'10" E along the south line of the Northwest one -quarter (NW 1/4) of said Section 11, a distance of 830.59 feet; thence N01 °13'56"E, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence N88°00'05"E along said line, for a distance of 74.95 feet; thence N23°54'58"E, a distance of 85.96 feet; thence S66°06'36"E, a distance of 42.35 feet to the POINT OF BEGINNING of the herein described centerline; thence N68°47'20"E, a distance of 44.72 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 82°36'48", a distance of 36.05 feet to a point of tangency; thence N13°49'29"W, a distance of 181.95 feet; thence N26°02'01"W, a distance of 70.27 feet to the point of curvature of a curve with a radius of 29.72 feet, concave to the east; thence northwesterly along said curve to the right through a central angle of 54'19,28", a distance of 28.17 feet to a point of tangency; thence N28°17'27"E, a distance of 89.77 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the west; thence northeasterly along said curve to the left through a central angle of 59°50'45", a distance of 26.11 feet to a point of tangency; thence N31 °33'18"W, a distance of 86.49 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the east; thence northwesterly along said curve to the right through a central angle of 27001'45", a distance of 11.79 feet to a point of tangency; thence N04°31'33"W, a distance of 112.82 feet; thence N04020'57"W, a distance of 64.16 feet to the point of curvature of a curve with a radius of 123.61 feet, concave to the southeast; thence northerly along said curve to the right through a central angle of 97°27'45", a distance of 210.27 feet to a point of tangency; thence S86°53'12"E, a distance of 51.02 feet to the point of curvature of a curve with a radius of 157.58 feet, concave to the north; thence easterly along said curve to the left through a central angle of 34'1112", a distance of 94.02 feet to a point of tangency; thence N58°55'36"E, a distance of 38.01 feet to the point of curvature of a curve with a radius of 108.05 feet, concave to the south; thence northeasterly along said curve to the right through a central angle of 24'10'52", a distance of 45.60 feet to a point of tangency; thence N83°06'28"E, a distance of 44.83 feet; thence N86°43'45"E, a distance of 60.06 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 81 °28'37", a distance of 35.55 feet to a point of tangency; thence N05015'08"E, a distance of 94.71 feet; thence N05°49'12"E, a distance of 119.50 feet to the point of curvature of a curve with a radius of 194.56 feet, concave to the west; thence northerly along said curve to the left through a central angle of 20°40'29", a distance of 70.21 feet to a point of tangency; thence N14°51'17"W, a distance of 49.81 feet to the point of curvature of a curve with a radius of 148.86 feet, concave to the east; thence northerly along said curve to the right through a central angle of 65°48'56", a distance of 171.00 feet to a point of tangency; thence N50057'38"E, a distance of 27.70 feet to the point of curvature of a curve with a radius of 126.58 feet, concave to the northwest; thence northeasterly along said curve to the left through a central angle of 49°07'08", a distance of 108.51 feet to a point of tangency; thence N01 050'31 "E, a distance of 111.53 feet to the south right of way line of Sheridan Street and the Point of Terminus of said centerline. The side lines of the above described parcel are prolonged or shortened as necessary in order to form a 60 foot wide strip bounded on the South by the north line of a communication tower parcel (with a bearing of S 66006'36" E) and on the North by the south right of way line of Sheridan Street (with a bearing of S 87'51'11" W). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Resolution No. 2021-286 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AUTHORIZING THE EXCHANGE OF A PARCEL OF COUNTY -OWNED LAND LOCATED AT 1200 SHERIDAN STREET, HOLLYWOOD, FLORIDA, AND MEASURING APPROXIMATELY 3.0 ACRES, FOR A PARCEL OF LAND OWNED BY THE CITY OF TAMARAC, LOCATED AT 3801 SOUTH FLAMINGO ROAD, DAVIE, FLORIDA, MEASURING APPROXIMATELY 3.0 ACRES, PURSUANT TO SECTION 125.37, FLORIDA STATUTES, AND SECTION 8.13 OF THE BROWARD COUNTY CHARTER; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Broward County ("County") is the owner in fee simple of approximately 3.0 acres of real property located at approximately 1200 Sheridan Street, Hollywood, Florida 33019, more particularly described in Attachment A attached hereto and made a part hereof ("County Property"); WHEREAS, pursuant to Section 8.13 of the Broward County Charter ("Charter'), the County Property is classified as a Regional Park, and the Charter states that the "operation, maintenance, or title to Regional Parks may be transferred without a referendum to ... a municipality, provided that ...a like acre -for -acre replacement of the transferred property, or greater, is provided to the County and restricted to Park Purposes"; WHEREAS, the City of Tamarac, Florida ("City"), is the owner of approximately 1 3.0 acres of real property located at 3801 South Flamingo Road, Davie, Florida 33330, more particularly described in Attachment B attached hereto and made a part hereof ("City Parcel"); 1 WHEREAS, as provided in Section 8.13 of the Charter, the County and the City 2 desire to exchange the City Property for the County Property in order to use the 3 City Property for Park Purposes and to allow the County Property to be used for nonpark 4 purposes; 5 WHEREAS, Section 125.37, Florida Statutes, states, "Whenever, in the opinion of 6 the board of county commissioners, the county holds and possesses any real property, 7 not needed for county purposes, and such property may be to the best interest of the 8 county exchanged for other real property, which the county may desire to acquire for 9 county purposes, the said board of county commissioners of any county is authorized and 10 empowered to make such an exchange. Provided, however, before any exchange of 11 property shall be effected, a notice, setting forth the terms and conditions of any such 12 exchange of property, shall be first published, once a week for at least 2 weeks, in a 13 newspaper of general circulation published in the county, before the adoption by the 14 board of county commissioners of a resolution authorizing the exchange of properties."; 15 WHEREAS, in accordance with Section 125.37, Florida Statutes, the County 16 published a Notice of Exchange of Real Property once a week for two (2) weeks in a 17 newspaper of general circulation; and 18 WHEREAS, the Board of County Commissioners ("Board") desires to approve and 19 authorize the exchange of the County Property for the City Property, NOW, 20 THEREFORE, 21 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 22 BROWARD COUNTY, FLORIDA: 23 Section 1. The recitals set forth in the preamble to this Resolution are true, 24 accurate, and deemed incorporated herein as though set forth in full hereunder. 2 1 Section 2. The Board finds that in accordance with Section 125.37, Florida 2 Statutes: (1) the County is the owner of the County Property; (2) the County Property is 3 not needed for County purposes; (3) it is in the best interest of the County to exchange 4 the County Property for the City Property; (4) the County desires to acquire the 5 City Property to be used for Park Purposes as provided in Section 8.13 of the Charter; 6 and (5) proper notice of the exchange of property between the County and the City was 7 published once a week for two weeks in a newspaper of general circulation in Broward 8 County. 9 Section 3. The Board authorizes the exchange of the County Property for the 10 City Property at no additional cost to the County or the City, provided that, upon transfer 11 to the County, the City Property will be restricted to park purposes. 12 Section 4. The Board (1) approves the First Amendment to Interlocal 13 Agreement in substantially the form attached as Attachment C and authorizes the County 14 Administrator to execute the same with any modifications determined by the County 15 Administrator to be in the best interest of the County, subject to approval as to legal 16 sufficiency by the Office of the County Attorney; (2) approves the Quit Claim Deed to the 17 City in substantially the form attached as Attachment D and authorizes the Mayor or 18 Vice -Mayor to execute same; (3) accepts the Special Warranty Deed from the City in 19 substantially the form attached as Attachment E; (4) approves the Declaration of 20 Restrictive Covenants in substantially the form attached as Attachment F and authorizes 21 the Mayor or Vice -Mayor to execute same; and (5) authorizes the recording of the 22 documents approved herein in the Official Records of Broward County, Florida. 23 24 3 1 Section 5. Severability. 2 If any portion of this Resolution is determined by any court to be invalid, the invalid 3 portion will be stricken, and such striking will not affect the validity of the remainder of this 4 Resolution. If any court determines that this Resolution, in whole or in part, cannot be 5 legally applied to any individual, group, entity, property, or circumstance, such 6 determination will not affect the applicability of this Resolution to any other individual, 7 group, entity, property, or circumstance. 8 Section 6. Effective Date. 9 This Resolution is effective upon adoption. 10 11 ADOPTED this , day of rn� 2021. 12 13 Approved as to form and legal sufficiency: 14 Andrew J. Meyers, County Attorney 15 By /s/ Annika E. Ashton 04/05/21 16 Annika E_ Ashton (date) 17 Deputy County Attorney 18 19 20 21 22 23 AEAMp Tamarac WLP Exchange Reso.doc 24 04/05/21 463686v4 4 SURVEYDRY NOTES 1. This map of surey is M wild tYhod ee signsae and fe or" raised ad of to so*V Fledds lamed vreyor end nlayper. 2. The deta11 1 thorn low was preptad by fi firm at fie dsrds reryeet Thisrole d survey ldsr4th , he bourdtry d fie parer teShrres wahn the surrey ante dram harem, a aprcled by the dent 3. Beerinps, a0adetef end alevabons davm hereon n ralw m o the Florida State Plate Coordi ate Syden, Esc Zone (0901), North Anaimn Datum of 19AIi, 2011 edhetmerd and, the Has h Macon Verfd Dehim of 19M (NAVD 88) based on Global Pam*x*g System (GPS) neewerrwet to National Geodetic Surrey R+GS) Condix wily Opera" Rslwrha Ststlms (CORE) Mask 4. Dimensions dean hereon contain hoinmil pnd diwwlas and are based upon NW neeweralb uWzmV the United States Survey FuoL unlace indicated atlenrise. 5. The Teld data ecglNpm phase of INS Surrey we& mmpleed on July 19. 2017, all doasner ted m Anaii (row Wood Emirsai 6lrltre6ucLw SoiLfiwt, Inc) field book 1313. Pages 420, Updates hew been amgbte' as ide dified below. B. The SLIM does M adoest the itlnfkzlon a location dNmornawl wetlads or sorarepl lends tied may a may M fie within or spaced to tie lads surveyed. 7. Acocs" to Fed" Emerpwhcy Marepeme d Apawy Food Ireuraha Rate hap, Bmward C M Flalda, Mao Hurter 12011 C M K Efledhe case, Au sni 18, 2014, the prapady described hweon is baled in Zone AE (111.5) Special Flood Hamd ones sub)ed to inundation by the 1 % annual dwwa two (BEES Flood Ei vatiorw demrtrved). 0, Lards dawn hereon were not abstracted by to Non for mdtera dread, such as aaewrerss, ngm d way, ownwUhp or odhw Muhtmnb of record. Nwaurveynd lire, relaercas to ownwsNp, pral bengicabon nuntwt, and minso"d record dawn Iweat are bated upon irdwm lion provided by the Bmward Carly Prapwq Appaisa(s Once. lowliness on pop 2) RAVE Legend Rwlps AREaw H000' = Opw Ebaem TXXS Tarrpllt9alh CmW taw Owoft and Enonbto Recoil be Meat ttlluSais h h Map of ALTA / NSPS Land Title Survey of West Lake Park - Tower Site Section 11, Township 51 South, Range 42 East Broward County, Florida R42E LOCH T/ON MAP Ammsr" Section 11, Township 51 South, Range 42 East, Broword County, Florida Wood Environment & Infrastructure Solutions, Inc. W mm ate Bid, Sub 1000 SMrae F1 32701 US Rn T wood. nF4 (407)S&7576 Cwlfi a s dAa,vuasm NnOtL&001)w MOTOROL4 SOLUTIONS a000 WEST SUNRISE BLVD. PLANTATION, FLORIDA 33= PHONE. IVa) l S000 Attachment A Description A PORTION OF THE NORTHEAST ONEaMTER (NE 114) OF THE SOUTHWEST ONE -QUARTER (SW 1M) OF THE NORTHWEST ONE -QUARTER (NW 1/4) OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE 42 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF NORTHWEST ONE QUARTER (NW IA) OF SAID SECTION 11; THENCE NORTH 00'00'10' EAST ALONG THE SOUTH LINE OF THE NORTHWEST ONE-0M UTER (NW 14) OF SAID SECTION 11, A DISTANCE OF 830.5E FEET; THENCE NORTH Ot'IYW EAST, A DISTANCE OF 971.19 FEET TO THE NORTH LINE OF THE SOUTH 304.33 FEET OF THE NORTHEAST 1/4 OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SAID SECTION 11; THENCE NORTH 00'00'W EAST ALONG SAID LINE, FOR A DISTANCE OF 74.95 FEET TO THE POINT OF BEGINNING; THENCE NORTH 23'54'S0' EAST, A DISTANCE OF 85.96 FEET; THENCE SOUTH 08'0830' EAST, A DISTANCE OF 60.13 FEET; THENCE SOUTH 24'00135' WEST, A DISTANCE OF 90.17 FEET TO THE WESTERLY LINE OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 23507, PAGE 0417; THENCE NORTH 47.39'51' WEST ALONG SAID LINE, FOR A DISTANCE OF 55.42 FEET; THENCE SOUTH 88'0005' WEST, A DISTANCE OF 30.53 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA CONTAINING 6,404 SQUARE FEET OF 0.140 ACRES MORE OR LESS. certification: To MOTOROLA This is to cm* lad ties map and be slrray on which it is bused were mSde in a®hda ce with on 2016 Minimum Standard Debi Requhwrleds ter ALTAINSPS Land Tab Surreys, jointly established and adopted by ALTA and NSPS, and includes hares 1, 2, 3, 4, 5, 7(s), 0 anti 13 d Table A feed. The field work was amgleled on June 13. 2017. For In Cwrpany, Wood Enwi inert l InkaeWclu a Solutions. Inc. CHARLES S. GARDINER FLORIDA PROFESSK AI, SURVEYOR AND MAPPER LICENSE NO. LB 5010 BROWARD COUNTY - WEST LAKE PARK Map of ALTA / NSPS Land Title 1200 SHERIDAN STREET and HOLLYWOOD, FL 33019 Topographic Survey w�-E Set Project Control z z 90d Nail ID oNo Z o N 617642.77 Set � ! E 941170.14 5/8" Iron Rod & Cap 3 Eu Elevation 2.94 Stamped: AMECFW LB 7932 I A portion of the Northeast one -quarter of the Southwest one -quarter of the Northwest one -quarter p�000 of Sction 11, Township 51 South, Range 42 East sea9are `s Folio Number: 5142 1100 0020 ) .N Owner BRO WARD COUNTY BOARD OF COUNTY COMMISSIONERS prop Fe'7ca ,4� O cl. $FVi77s�shap Set N7eP3p51 W 3974 Set Project Control K1 _ o 5/8" Iron Ro IW. &Cap 5/8" Iron Rod & Cap ry Stamped. AMECFW LB 7932 Stamped: AMECFW TRAVERSE ry N 617286.80 A� E 941257.74 Point of Beginning M to x 6 Elevation 0.80 i Found ---- Trees and underbrush U z ^ 5/8" Iron Rod Cap Folio Number 5142 11 00 0010Owner BROWARD COUNTY BOARD OF (Illegible) o O' COUNTY COMMISSIONERS \ fence 0, 3' S ° x O OFFICIAL RECORDS BOOK 7920, PAGE 0644 Found •�, �3 ,� 112" Iron Rod & Cap Stamped LB 6680 $ .. O Folio Number 5142 11 00 0000 S 88'00'05 W 30.53' ` 00 Owner BOARD OF NB9°00'OS"E 74 95' COUNTBROVIY CO MISSIOOUNTY ry� 3 GOUNTY COMMISSIONERS North Llne of the South 304.63"Df the NE 114, $W 114, NW 114 ti6 OFFICIAL RECORDS BOOK 23507, PAGE 0417 h Ss Proposed Tower NBB°O6'10'E 030.59' Isc-omrngStamped Set 'Y� \ (renter) 5/8" Iron Rod & Cap '� South Line of the NW 114 r N 617241.13 AMECFW LB 7932 o tys • E 941177.12 r of NW114 �S�.!@7 Ground Elevation 2.5 yid Section 11 Found a, Latitude N 26' 01' 45.02" 00 Folio Number: 5142 10 27 0010 5/8" Iron Rod & Cap @CO Longitude W 80° 07' 55.43" F Owner: CITY OF HOLLYWOOD DEPT OF (Illegible) ,y5 as ro F- coMMUNIrraEconoMlcDEv fence0,3'SW B�seGRAPHIC SCALE i %s d �a 6" 9� (IN FEET) `,ectiun I1, Township 51 South, Range 42 Lust, Hrowurd l:uunty, Florida 0-1 1 inch = 20 feel Wood Environment & Infrastructure Solutions, Inc. MOTOROLA SOLUTIONS BROWARD COUNTY - WEST LAKE PARK Map of ALTA / NSPS Land Title 550 NWMMM.&Md, S.01000 1200 SHERIDAN STREET and SpM Aeanronro W,, FL 32701 US4 anUU WEST SUNRISE BLVD. PIANIAIIUN ILDRIDAMM2 HOLLYWOOD, FL 33019 Topographic Survey R,'. (41071u27570 wood. F. 07f 5227576 PHONE IB54171tBeeU PMEC PROJECT NO 6tfi6110576.740 Cwbb.(s.f dl 1bmhu WLB0007932 DRAWN BY M. RAMO6 CHEC APPROVED BY. DATE UIIItw 17 Sheet 3 of 3 EN SCHEDULE "A" SKETCH OF DESCRIPTION PARCEL: ESTATE: PURPOSE: INGRESS / EGRESS Description: That part of the Northwest one -quarter of Section 11, Township 51 South, Range 42 East, Broward County, Florida, - being more particularly described as follows: A 60 foot wide Ingress/Egress Easement lying 30 feet each side of the following described centerline: Commencing at the Southwest corner of Northwest one -quarter (NW 114) of said Section 11; thence N88°06'10" E along the south line of the Northwest one -quarter (NW 114) of said Section 11, a distance of 830.59 feet, thence N01 °13'56"E, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 114 of the Southwest 114 of the Northwest 114 of said Section 11; thence N88°00'05"E along said line, for a distance of 74.95 feet; thence N23°5458"E, a distance of 85.96 feet; thence S66°06'36"E, a distance of 42.35 feet to the POINT OF BEGINNING of the herein described centerline; thence N68°47'20"E, a distance of 44.72 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 82°36'48", a distance of 36.05 feet to a point of tangency; thence N13°4929"W, a distance of 181.95 feet, thence N26°02'01 "W, a distance of 70.27 feet to the point of curvature of a curve with a radius of 29.72 feet, concave to the east, thence northwesterly along said curve to the right through a central angle of 54 °19'28", a distance of 28.17 feet to a point of tangency; thence N28°1727"E, a distance of 89.77 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the west; thence northeasterly along said curve to the left through a central angle of 59°50'45", a distance of 26.11 feet to a point of tangency; thence N31 °33'18"W, a distance of 86.49 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the east; thence northwesterly along said curve to the right through a central angle of 27°O145", a distance of 11.79 feet to a point of tangency; thence N04°31'33"W, a distance of 112.82 feet; thence N04°20'57"W, a distance of 64.16 feet to the point of curvature of a curve with a radius of 123.61 feet, concave to the southeast; thence northerly along said curve to the right through a central angle of 97°2745", a distance of 210.27 feet to a point of tangency; thence S86°53'12"E, a distance of 51.02 feet to the point of curvature of a curve with a radius of 157.58 feet, concave to the north; thence easterly along said curve to the left through a central angle of 34°11'12", a distance of 94.02 feet to a point of tangency; thence N58°55'36"E, a distance of 38.01 feet to the point of curvature of a curve with a radius of 108.05 feet, concave to the south, thence northeasterly along said curve to the right through a central angle of 24°10'52", a distance of 45.60 feet to a point of tangency; thence N83°06'28"E, a distance of 44.83 feet; thence N86°4345"E, a distance of 60.06 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 81 °28'37", a distance of 35.55 feet to a point of tangency; thence N05°15'08"E, a distance of 94.71 feet; thence N05°49'12"E, a distance of 119.50 feet to the point of curvature of a curve with a radius of 194.56 feet, concave to the west; thence northerly along said curve to the left through a central angle of 20°40'29", a distance of 70.21 feet to a point of tangency; thence N14°51'17"W, a distance of 49.81 feet to the point of curvature of a curve with a radius of 148.86 feet, concave to the east, thence northerly along said curve to the right through a central angle of 65°48'56", a distance of 171.00 feet to a point of tangency; thence N50°57'38"E, a distance of 27.70 feet to the point of curvature of a curve with a radius of 126.58 feet, concave to the northwest; thence northeasterly along said curve to the left through a central angle of 49°07'08", a distance of 108.51 feet to a point of tangency; thence N01 °50'31 "E, a distance of 111.53 feet to the south right of way line of Sheridan Street and the Point of Terminus of said centerline. The side lines of the above described easement are prolonged or shortened as necessary in order to form a 60 foot wide strip bounded on the South by the north line of a communication tower parcel (with a bearing of S 66°06'36" E) and on the North by the south right of way line of Sheridan Street (with a bearing of S 87°51 '11 " W). Containing 125, 068. square feet or 2.871 acres, more or less. PROJECT TITLE: Sketch of Description West Lake Park Section 11, Township 51 South, Range 42 East, Broward County, Florida Wood Environment & Infrastructure Solutions, Inc. wood A550 Northlake mBoulevard,Phone: (407) 522-75701000 ltaonte Springs, FL eUSA www.woodpic.com Certificate ofAuthonzation Number LB-0007932 THIS IS NOT A SURVEY DATE BY DESCRIPTION REVISION DRAWN BY MR CHKD BY CBG DATE: 04/23/2019 DATE 04/23/2019 JOB No. SCALE. SHT. 1 6166170575 240 N/A OF 3 DRAWING NAME WEST_LAKE_PARK_IE.dwg SCHEDULE "A" SKETCH OF DESCRIPTION PARCEL: ESTATE: PURPOSE: INGRESS / EGRESS Line Table Line # Direction Length L1 N88"06'10'E 830.59' L2 N01"13'56"E 971.19' L3 N88°00'05"E 74.95' L4 N23"54'58"E 85.96' L5 S66"06'36"E 42.35' L6 N68"47'20"E 44.72' L7 N13"49'29"W 181.95' LB N26"02'01 "W 70.2T L9 N28"17'27"E 89.7T L10 N31"33'18W 86.49' L11 N04"31'33W 112.82' Surveyors Notes Line Table Line # Direction Length L12 N04"20'57W 64.16' L13 S86"53'12"E 51.02' L14 N58°55'36"E 38.01' L15 N83*06'28"E 44.83' L16 N86"43'45"E 60.06' L17 N05"15'08"E 94.71' L18 N05°49'12"E 119.50' L19 N14"51'17"W 49.81' L20 N50°5T38"E 27.70' L21 N01 "50'31 "E 111.53' Curve Table Curve # Radius Delta Length C1 25.00' 82"36'48" 36.05' C2 29.7Z 54"19'28" 28.1 T C3 25.00' 59"50'45" 26.11' C4 25.00' 27"01'45" 11.79' C5 123.61' 97"27'45" 210.27' C6 157.58' 34"11'12' 94.02' C7 108.05' 24"10'52" 45.69 C8 25.00' 81 "28'37" 35.55' C9 194.56' 20"40'29" 70.21' C10 148.86' 65"48'56" 171.00' C11 126.58' 49°OT08" 108.51' 1. This Sketch of Description is not valid without the signature and original raised seal of the signing Florida licensed Professional Surveyor and Mapper. 2. This Sketch of Description is based upon a Map of AL TA / NSPS Land Title Boundary and Topographic Survey executed by this firm, dated August 2018, Job No. 6166 17 0575.240. 3. Lands shown hereon were not abstracted by this firm for matters of record, such as easements, right of way, ownership or other instruments of record. Non -surveyed lines, references to ownership, parcel identification numbers, and instruments of record shown hereon are based upon information provided by the Broward County Property Appraisers Office. 4. Bearings shown hereon are relative to the Florida State Plane Coordinate System, East Zone (0901), North American Datum of 1983, 2011 adjustment and; the North American Vertical Datum of 1988 (NAVD 88) based on Global Positioning System (GPS) measurements to National Geodetic Survey (NGS) Continuously Operating Reference Stations (CORS) network. 5. The legal description shown hereon was prepared by this firm at the direction of the client. 6. This Sketch of Description is certified to and for the exclusive use of MOTOROLA SOLUTIONS and BROWARD COUNTY. PROJECT TITLE: Sketch of Description West Lake Park Section 11, Township 51 South, Range 42 East, Broward County, Florida Wood Environment & Infrastructure Solutions, Inc. mood. 1000 Altamonte Springs, (4077) P2 7570eUSA www.woodpic.com CWcate ofAu7awabon Number LB-0007932 CHARLES B. GARDINER FLORIDA PROFESSIONAL SURVEYOR AND MAPPER LICENSE NO. LS 5046 THIS IS NOT A SURVEY DATE I BY DESCRIPTION REVISION DRAWN BY: MR CHKD. BY: CBG DATE: 04/2312019 DATE: 04/2312019 61661070575.240 SCALE: OF 3 I DRAWING NAME: WEST_LAKE_PARK_IE.dwg SCHEDULE "A" SKETCH OF DESCRIPTION PARCEL. - ESTATE: PURPOSE: INGRESS / EGRESS Sheridan Street south right of way line S 87'51'11" W Point of Terminus L21 C11 L20 C10 L19 C9 ,� West Lake Park L18 L17 � - C8 -L14 C -15L15 \ -05 -L13 C6 60' wide Ingress / Egress L12 lying 30' of each side of the centerline L11 ' C4 L10 C3 L9 C2 NW 1/4 _ L8 Section 11 L7 Legend Point of Beginning LB - = Break Line (Not to Scale) L5 - C1 C# = Curve Number (see table) _ a S 66*06'36" E L# = Line Number (see table) L3" North Line of the South 304.63' of the NE 114, SW 114, NW 114 Communication GRAPHIC SCALE Z Tower 0 150 300 Parcel �MMM� J (IN FEET) I I 1 Inch = 300 feet 5 of 0 Commencing `? SW comer of NW 114 THIS IS NUT A SURVEY Section 11 L1 South Line of the NW 1/4 PROJECT TITLE: Sketch of Description West Lake Park 2 Section 11, Township 51 South, Range 42 East, Broward County, Florida DATE BY DESCRIPTION — 2 REVISION DRAWN BY MR CHKD. BY CBG Wood Environment & Infrastructure Solutions, Inc. DATE 04/23/2019 DATE 04/23/2019 w 550 Northlake Boulevard, Suite 1000 IwO Altamonte Springs, FL 32701 USA JOB No. SCALE: SHT. _ 3 a od. Phone:(407) 522-7570 6166170575.240 1'=300' OF 3 www. woodplc. corn 0 Certificate ofAuthonzation Number LB-0007932 DRAWING NAME: WEST LAKE PARK IE.dwg Attachment B Aitken Property Folio: 5040 2600 0010 Address: 3801 South Flamingo Road, Davie, Florida A portion of the Northeast one -quarter (N.E. 1/4) of Section 26, Township 50 South, Range 40 East, in Broward County, Florida, described as follows: Commence at the Northeast corner of said Section 26; Thence South 89°44'56" West on the North line of said Section 26, a distance of 814.97 feet to the POINT OF BEGINNING; Thence South 01°47'00" East, a distance of 290.01 feet; Thence South 89*44'56" West, a distance of 450.61 feet; Thence North 01°47'00" West, a distance of 290.01 feet; Thence North 89*44'56" East, a distance of 450.61 feet to the POINT OF BEGINNING. Together with an easement for ingress/egress described as follows: A portion of the Northeast one -quarter (N.E. 1/4) of Section 26, Township 50 South, Range 40 East, in Broward County, Florida, described as follows: Commence at the Northeast corner of said Section 26; Thence South 89°44'56" West on the North line of said Section 26, a distance of 814.97 feet; Thence South 01*47'00" East, a distance of 290.01 feet to the POINT OF BEGINNING; Thence South 01°47'00" East, a distance of 250.18 feet; Thence South 89°44'56" West, a distance of 2.5.01 feet; Thence North 01*47'00" West, a distance of 250.18 feet; Thence North 89°44'56" East, a distance of 25.01 feet to the POINT OF BEGINNING Said lands lying in the Town of Davie, Broward County, Florida. Together with a road easement, more particularly described as follows: Commencing at the Northeast corner of the aforementioned Section 26, thence in a Southerly direction along the East line of Section 26, said line also being the center line of Flamingo Road Canal, a distance of 540.19 feet to a point, said point being the POINT OF BEGINNING; thence continue along the aforementioned course a distance of 65.81 feet to a point; thence in a Westerly direction, with an angle of 91*12'23" as measured in a clockwise direction from the aforesaid course, a distance of 1615.36 feet to a point: thence in a Northerly direction with an interior angle of 91°12'23" a distance of 74.56 feet to a point; thence in an Easterly direction parallel to and 540.00 feet South of the North line of Section 26 a distance of 1615.00 feet, more or less, to the POINT OF BEGINNING. Together with all tenements, hereditaments, privileges, rights -of -reverter, servitudes, and other rights appurtenant to the Property; all buildings, fixtures, appliances, and other improvements existing thereon; all fill and top soil thereon; all oil, gas, and mineral rights possessed by Seller thereon; all right, title, and interest of Seller in and to any and all streets, roads, highways, easements, drainage rights, or rights of way appurtenant to the Property; and all right, title, and interest of Seller in and to any and all covenants, restrictions, agreements, and riparian rights benefiting the Property. Attachment C FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC REGARDING PROPERTY TRANSFERS This First Amendment to Interlocal Agreement ("First Amendment") is entered into by Broward County, a political subdivision of the State of Florida (the "County'), and the City of Tamarac, a Florida municipal corporation (the "City") (collectively, the County and the City are referred to as the "Parties"). RECITALS A. The County and the City are parties to that certain Interlocal Agreement Regarding Transfer of Property, dated October 15, 2019 ("Agreement"), pursuant to which County assigned to City its right to purchase of certain property located at 3801 South Flamingo Road, Davie, Florida ("Aitken Property"). B. Pursuant to the Agreement, the City has acquired the Aitken Property. C. The Parties now desire to amend the Agreement to provide for an exchange of property pursuant to Section 125.37, Florida Statutes. Specifically, the County desires to transfer to the City a portion of property located in West Lake Park at approximately 1200 Sheridan Street, Hollywood, Florida ("WLP Property'), as more particularly described below and in Exhibit D, and the City desires to transfer the Aitken Property to the County as a like acre -for -acre replacement of the transferred WLP Property. D. The Parties also desire to set forth the terms of a lease agreement between the City, as lessor, and the County, as lessee, for the WLP Property. Now, therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby amend the Agreement as follows: 1. All Recital clauses stated above are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this First Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Article 1 of the Agreement shall be amended to add anew Section 1.4 as follows: 1.4 WLP Property shall mean the portion of property located in West Lake Park at approximately 1200 Sheridan Street, Hollywood, Florida, as more particularly described in Exhibit D. 3. Article 2 of the Agreement shall be amended to add new Sections 2.2 and 2.3 as follows: Broward County and City of Tamarac Interlocal Agreement Page 1 of 11 2.2 WLP Property Exchange. 2.2.1 Property Exchange. Within thirty (30) calendar days after the effective date of the First Amendment to this Agreement (or such longer period as the County Administrator may approve in writing) and, provided that the County has authorized the exchange pursuant to Section 125.37, Florida Statutes, the City shall transfer the Aitken Property to the County in exchange for the WLP Property, as a like acre -for - acre replacement of the WLP Property. The County shall be solely responsible for all taxes, recording fees, or other reasonable out-of-pocket expenses incurred in connection with the transaction. The City hereby approves the warranty deed in the form attached as Exhibit E and authorizes its Mayor and City Manager to execute a warranty deed in the form attached as Exhibit E and all closing documents necessary to effectuate the City's transfer of the Aitken Property to the County and the County's transfer of the WLP Property to the City. The City acknowledges that the County will transfer the WLP Property through a quitclaim deed evidencing the transfer pursuant to the terms of this Agreement. 2.3 WLP Property Lease. The City shall lease the WLP Property to the County to be used for park purposes and utilization as a site for a radio communications tower and related equipment for the County's public safety communications network. The lease shall be recorded in the Official Records of Broward County, at the County's expense. The County shall prepare an appropriate lease agreement, in form and substance reasonably acceptable to the Parties, detailing the terms and conditions of the lease, which shall include the following: 2.3.1 The annual rent to be paid by the County to the City for the WLP Property shall be Sixty -Two Thousand Four Hundred Dollars ($62,400), paid annually in advance. This amount shall increase two percent (2%) each year the lease remains in effect. Subject to the other terms and conditions of this Agreement, the lease shall be effective for a term of fifty (50) years, with three (3) automatic renewals, thereafter, each for a period of ten (10) years. Upon termination of the lease, if requested by County, the Parties agree to enter into a subsequent lease on the same terms stated in Section 2.3, including without limitation the same financial and durational terms and the repurchase right stated below, and other customary lease terms as to which neither party shall unreasonably object. 2.3.2 The County shall be solely responsible for all maintenance, repair, and security on the WLP Property. 2.3.3 The County may restrict the City's access to the WLP Property as the County determines appropriate, based upon the County's use of the WLP Property. 2.4 County Option to Repurchase WLP Property. If the County decides for any reason not to construct a radio communications tower and related equipment on the WLP Property, the County shall have the option to repurchase the WLP Property from First Amendment Broward County and City of Tamarac Interlocal Agreement Page 2 of 8 the City for nominal consideration at any time during the term of the lease. If the radio communications tower and related equipment are constructed on the WLP Property, the County shall have the option to repurchase the WLP Property from the City for nominal consideration at any time after five (5) years after the commencement date of the lease. If the County exercises its repurchase option, the County shall prepare, and the City shall execute (and shall authorize an appropriate signatory to execute) all closing documents necessary to effectuate the County's repurchase of the WLP Property. If such purchase occurs, the lease shall terminate effective upon conveyance to the County of the WLP Property, in which event neither party shall have any further rights or obligations under the lease. 4. Section 3.3 of the Agreement is deleted in its entirety and replaced with the following: 3.3 Statement of Intent; Further Assurances. The Parties acknowledge that the purpose of this Agreement is to permit the County's use of the WLP Property to construct and operate a radio communications tower for the County's public safety radio system. In order for the WLP Property to be used for this purpose, the Broward County Charter requires that the WLP Property be transferred to a municipality in exchange for municipal - owned property that will be restricted to park purposes. To facilitate the exchange at no cost to the City, the Aitken Property was acquired in the name of the City with funds provided by the County; and ownership of the WLP Property is being transferred to the City to be leased back to the County. This Agreement shall be construed to effectuate the intent of the Parties stated in this paragraph. The Parties shall execute and deliver such further documents and instruments and take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement or to show the ability to carry out the intent and purposes of this Agreement. 5. The Agreement is amended to incorporate Exhibit D and Exhibit E of this First Amendment as Exhibit D and Exhibit E to the Agreement. 6. Effective Date; Time is of the Essence. The First Amendment shall become effective as of the date it is executed by the last of the Parties executing the First Amendment. 7. Joint Preparation. This First Amendment has been jointly prepared by the Parties hereto, and shall not be construed more strictly against any party. 8. Headings and Interpretation. The headings contained in this First Amendment are for reference purposes only and shall not in any way affect the meaning or interpretation of this First Amendment. All personal pronouns used in this First Amendment shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this First Amendment as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Any reference to days shall be deemed to refer to calendar days unless otherwise expressly stated. First Amendment Broward County and City of Tamarac Interlocal Agreement Page 3 of 8 9. Counterparts. This First Amendment may be executed in multiple originals, and may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. First Amendment Broward County and City of Tamarac Interlocal Agreement Page 4 of 8 Instr# 117505062 , Page 9 of 15 IN WITNESS WHEREOF, the Parties hereto have made and executed this First Amendment: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its County Administrator, authorized to execute same by Board action on the lb6 day of 2021, and the CITY OF TAMARAC, signing by and through its Mayor, duly authoriz d to execute same. Signature of Witness 1 Ariel Walker Print Name of fitness 1/� Signature f Witness 2 V.,,- ANNE DARBY Print Name of Witness 2 C, CD .... �`�`�•y Sf� arm- O •m Oi.1 fist r� � v " 191. 5 G, _ fr '� ef1UN�l ,,���Et1119ldittSt�°t; 'N AEA First Amendment Interlocal Agreement with Tamarac 4/5/2021 #561682 COUNTY BROWARD COUNTY, by and through its By: ount dministrator Bertha Henry County Administrator a�day of Tfj ILA 2022 Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 11S South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 By: IklI Annika E. Ashton (Date) Deputy County Attorney First Amendment Broward County and City of Tamarac Interlocal Agreement Page 5 of 8 Instr# 117505062 , Page 10 of 15 FIRST AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC REGARDING PROPERTY TRANSFERS •, a7 ra : ESTASL18HED'. ATTEST: =MO 1963 p SEAS. ` O ............ �. 0UNc`( �rrrrrrll\\ ems._ 6c, LERK CITY CITY OF TAMARAC A `� By: i 1,06 a --- CITY MAYOR day of Print Name 2021 APPROVED AS TO FORM & LEGAL SUFFICIENCY for the use and reliance of the City of TpmPrAc, Florida: City First Amendment Broward County and City of Tamarac Interlocal Agreement Page 6 of 8 Exhibit D (WLP Property including Access Road Parcel) PARCEL A A portion of the Northeast one -quarter (NE 1/4) of the Southwest one -quarter (SW 1/4) of the Northwest one -quarter (NW 1/4) of Section 11, Township 51 South, Range 42 East, being more particularly described as follows: Commencing at the Southwest corner of Northwest one -quarter (NW 1/4) of said Section 11, thence North 88°06'10" East along the South line of the Northwest one -quarter (NW 1/4) of said Section 11, a distance of 830.59 feet; thence North 01°13'56" East, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence North 88°00'05" East along said line, for a distance of 74.95 feet to the Point of Beginning; thence North 23°54'58" East, a distance of 85.96 feet; thence South 66°06'36" East, a distance of 80.18 feet; thence South 24°00'05" West, a distance of 90.17 feet to the Westerly line of those lands described in Official Records Book 23507, Page 417; thence North 47°39'51" West along said line, for a distance of 55.42 feet, thence South 88°00'05" West, a distance of 30.53 feet to the Point of Beginning. TOGETHER WITH PARCEL B That part of the Northwest one -quarter of Section 11, Township 51 South, Range 42 East, Broward County, Florida; being more particularly described as follows: A 60 foot wide parcel lying 30 feet each side of the following described centerline: Commencing at the Southwest corner of Northwest one -quarter (NW 1/4) of said Section 11; thence N88°06'10" E along the south line of the Northwest one -quarter (NW 1/4) of said Section 11, a distance of 830.59 feet; thence N01°13'56"E, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence N88°00'05"E along said line, for a distance of 74.95 feet; thence N23°54'58"E, a distance of 85.96 feet; thence S66°06'36"E, a distance of 42.35 feet to the POINT OF BEGINNING of the herein described centerline; thence N68°47'20"E, a distance of 44.72 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 82*36'48", a distance of 36.05 feet to a point of tangency; thence N13°49'29"W, a distance of 181.95 feet; thence N26°02'01"W, a distance of 70.27 feet to the point of curvature of a curve with a radius of 29.72 feet, concave to the east; thence northwesterly along said curve to the right through a central angle of 54°19'28", a distance of 28.17 feet to a point of tangency; thence N28°17'27"E, a distance of 89.77 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the west; thence northeasterly along said curve to the left through a central angle of 59°50'45", a distance of 26.11 feet to a point of tangency; thence N31°33'18"W, a distance of 86.49 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the east; thence northwesterly along said curve to the right through a central angle of 27°01'45", a distance of 11.79 feet to a point of tangency; thence N04'31'33"W, a distance of 112.82 feet; thence N04*20'57"W, a distance of 64.16 feet to the point of First Amendment Broward County and City of Tamarac Interlocal Agreement curvature of a curve with a radius of 123.61 feet, concave to the southeast; thence northerly along said curve to the right through a central angle of 97°27'45", a distance of 210.27 feet to a point of tangency; thence S86°53'12"E, a distance of 51.02 feet to the point of curvature of a curve with a radius of 157.58 feet, concave to the north; thence easterly along said curve to the left through a central angle of 34°11'12", a distance of 94.02 feet to a point of tangency; thence N58°55'36"E, a distance of 38.01 feet to the point of curvature of a curve with a radius of 108.05 feet, concave to the south; thence northeasterly along said curve to the right through a central angle of 24°10'52", a distance of 45.60 feet to a point of tangency; thence N83°06'28"E, a distance of 44.83 feet; thence N86°43'45"E, a distance of 60.06 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 81°28'37", a distance of 35.55 feet to a point of tangency; thence N05°15'08"E, a distance of 94.71 feet; thence N05°49'12"E, a distance of 119.50 feet to the point of curvature of a curve with a radius of 194.56 feet, concave to the west; thence northerly along said curve to the left through a central angle of 20*40'29", a distance of 70.21 feet to a point of tangency; thence N14'51'17"W, a distance of 49.81 feet to the point of curvature of a curve with a radius of 148.86 feet, concave to the east; thence northerly along said curve to the right through a central angle of 65'48'56", a distance of 171.00 feet to a point of tangency; thence N50°57'38"E, a distance of 27.70 feet to the point of curvature of a curve with a radius of 126.58 feet, concave to the northwest; thence northeasterly along said curve to the left through a central angle of 49°07'08", a distance of 108.51 feet to a point of tangency; thence N01°50'31"E, a distance of 111.53 feet to the south right of way line of Sheridan Street and the Point of Terminus of said centerline. The side lines of the above described parcel are prolonged or shortened as necessary in order to form a 60 foot wide strip bounded on the South by the north line of a communication tower parcel (with a bearing of S 66'06'36" E) and on the North by the south right of way line of Sheridan Street (with a bearing of S 87°51'11" W). First Amendment Broward County and City of Tamarac Interlocal Agreement Exhibit E (Aitken Property Warranty Deed) Return recorded copy to: Broward County Facilities Management Division Real Property Section 115 South Andrews Avenue, Room 501 Fort Lauderdale, FL 33301 This document prepared by and approved as to form by: Annika Ashton Broward County Attorneys Office 115 South Andrews Avenue, Room 423 Fort Lauderdale, FL 33301 Folio: 5040 2600 0010 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this day of , 20 , by and between CITY OF TAMARAC, a municipal corporation of the State of Florida whose address is 7525 NW 88th Avenue, Tamarac, Florida 33321, hereinafter called "Grantor" and BROWARD COUNTY, a political subdivision of the State of Florida, whose address 115 South Andrews Avenue, Room 501, Fort Lauderdale, Florida 33301, hereinafter called "Grantee." (Wherever used herein the terms " Grantor" and "Grantee" shall indicate both singular and plural, as the context requires). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt of which is hereby acknowledged, hereby grants, bargains, sells, conveys, and confirms unto Grantee, its successors and assigns forever, all that certain land situate in Broward County, Florida, described in EXHIBIT A, attached hereto and made a part hereof. TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said property in fee simple that Grantor has good right and lawful authority to sell and convey said property, and Grantor hereby fully warrants the title to said property and will defend same against the lawful claims of all persons and parties claiming by, through, or under Grantor, but against none other. WD from City to BC - Aitken parcel IN WITNESS WHEREOF, Grantor has executed this instrument as of the date first above written. Signed, sealed, and delivered in the presence of WITNESS: (Signature) (Print Name of Witness) (Signature) (Print Name of Witness) STATE OF FLORIDA COUNTY OF BROWARD CITY OF TAMARAC, a municipal corporation of the Florida By: Printed Name: Title: Attested by: Pat Teufel, City Clerk ACKNOWLEDGMENT The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 20 by , as and City Clerk of the City of Tamarac, a municipal corporation of the State of Florida. He/she is personally known to me or has produced as identification. (NOTARY SEAL) REF: Approved BCC Item No: Return to BC Real Property Section WD from City to BC — Aitken parcel (Signature of person taking acknowledgment) (Printed name of officer taking acknowledgment) My commission expires: EXHIBIT A to Warranty Deed Legal Description A portion of the Northeast one -quarter (N.E. 1/4) of Section 26, Township 50 South, Range 40 East, in Broward County, Florida, described as follows: Commence at the Northeast corner of said Section 26; Thence South 89*44'56" West on the North line of said Section 26, a distance of 814.97 feet to the POINT OF BEGINNING; Thence South 01°47'00" East, a distance of 290.01 feet; Thence South 89°44'56" West, a distance of 450.61 feet; Thence North 01°47'00" West, a distance of 290.01 feet; Thence North 89°44'56" East, a distance of 450.61 feet to the POINT OF BEGINNING. Together with an easement for ingress/egress described as follows: A portion of the Northeast one -quarter (N.E. 1/4) of Section 26, Township 50 South, Range 40 East, in Broward County, Florida, described as follows: Commence at the Northeast corner of said Section 26; Thence South 89°44'56" West on the North line of said Section 26, a distance of 814.97 feet; Thence South 01°47'00" East, a distance of 290.01 feet to the POINT OF BEGINNING; Thence South 01°47'00" East, a distance of 250.18 feet; Thence South 89°44'56" West, a distance of 25.01 feet; Thence North 01°47'00" West, a distance of 250.18 feet; Thence North 89°44'56" East, a distance of 25.01 feet to the POINT OF BEGINNING Said lands lying in the Town of Davie, Broward County, Florida. Together with a road easement, more particularly described as follows: Commencing at the Northeast corner of the aforementioned Section 26, thence in a Southerly direction along the East line of Section 26, said line also being the center line of Flamingo Road Canal, a distance of 540.19 feet to a point, said point being the POINT OF BEGINNING; thence continue along the aforementioned course a distance of 65.81 feet to a point; thence in a Westerly direction, with an angle of 91°12'23" as measured in a clockwise direction from the aforesaid course, a distance of 1615.36 feet to a point: thence in a Northerly direction with an interior angle of 91°12'23" a distance of 74.56 feet to a point; thence in an Easterly direction parallel to and 540.00 feet South of the North line of Section 26 a distance of 1615.00 feet, more or less, to the POINT OF BEGINNING. Together with all tenements, hereditaments, privileges, rights -of -reverter, servitudes, and other rights appurtenant to the Property; all buildings, fixtures, appliances, and other improvements existing thereon; all fill and top soil thereon; all oil, gas, and mineral rights possessed by Seller thereon; all right, title, and interest of Seller in and to any and all streets, roads, highways, easements, drainage rights, or rights of way appurtenant to the Property; and all right, title, and interest of Seller in and to any and all covenants, restrictions, agreements, and riparian rights benefiting the Property. WD from City to BC — Aitken parcel Attachment D Return recorded copy to Broward County Facilities Management Division Real Property Section 115 South Andrews Avenue, Room 501 Fort Lauderdale, FL 33301 This document prepared by and approved as to form by: Annika E. Ashton Broward County Attorney's Office 115 South Andrews Avenue, Room 423 Fort Lauderdale, FL 33301 Folio: 5142 1100 0020 5142 1100 0010 5142-1100-0080 QUITCLAIM DEED (Pursuant to Sections 125.411 and 12S.3S(2), Florida Statutes) THIS QUITCLAIM DEED, made this day of , 20 , by BROWARD COUNTY, a political subdivision of the State of Florida ("Grantor'), whose address is Governmental Center, Room 423, 115 South Andrews Avenue, Fort Lauderdale, Florida 33301, and the CITY OF TAMARAC, a Florida municipal corporation ("Grantee"), whose address is 7525 NW 881h Avenue, Tamarac, Florida 33321. (The terms "Grantor" and "Grantee" as used herein shall refer to the respective parties, and the heirs, personal representatives, successors, and assigns of such parties.) WITNESSETH: That Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable considerations, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto Grantee, its successors and assigns, forever, all of Grantor's rights, title, and interest, if any, in and to that certain real property described in Exhibit A, attached hereto and made a part hereof. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity, and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit, and behalf of the said Grantee forever. THIS CONVEYANCE IS SUBJECT TO all zoning rules, regulations, and ordinances and other prohibitions imposed by any governmental authority with jurisdiction over the Property conveyed herein; existing public purpose utility and government easements and rights of way and other matters of record; and real estate taxes for this year 2021 and all subsequent years. IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Mayor or Vice -Mayor of said Board, the day and year aforesaid. (Official Seal) ATTEST: GRANTOR BROWARD COUNTY, by and through its Board of County Commissioners By: Broward County Administrator, as Mayor ex officio Clerk of the Broward County Board of County Commissioners day of , 20 Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641 0 REF: Approved BCC Return to BC Real Property Section Item No: Annika E. Ashton (Date) Deputy County Attorney QCD to City of Tamarac — West Lake parcel EXHIBIT A PARCEL A A portion of the Northeast one -quarter (NE 1/4) of the Southwest one -quarter (SW 1/4) of the Northwest one -quarter (NW 1/4) of Section 11, Township 51 South, Range 42 East, being more particularly described as follows: Commencing at the Southwest corner of Northwest one -quarter (NW 1/4) of said Section 11, thence North 88*06'10" East along the South line of the Northwest one -quarter (NW 1/4) of said Section 11, a distance of 830.59 feet; thence North 01°13'56" East, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence North 88°00'05" East along said line, for a distance of 74.95 feet to the Point of Beginning; thence North 23°54'58" East, a distance of 85.96 feet; thence South 66°06'36" East, a distance of 80.18 feet; thence South 24°00'05" West, a distance of 90.17 feet to the Westerly line of those lands described in Official Records Book 23507, Page 417; thence North 47°39'51" West along said line, for a distance of 55.42 feet, thence South 88°00'05" West, a distance of 30.53 feet to the Point of Beginning. TOGETHER WITH PARCEL B That part of the Northwest one -quarter of Section 11, Township 51 South, Range 42 East, Broward County, Florida; being more particularly described as follows: A 60 foot wide parcel lying 30 feet each side of the following described centerline: Commencing at the Southwest corner of Northwest one -quarter (NW 1/4) of said Section 11; thence N88°06'10" E along the south line of the Northwest one -quarter (NW 1/4) of said Section 11, a distance of 830.59 feet; thence N01*13'56"E, a distance of 971.19 feet to the North line of the South 304.63 feet of the Northeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of said Section 11; thence N88*00'05"E along said line, for a distance of 74.95 feet; thence N23°54'58"E, a distance of 85.96 feet; thence S66°06'36"E, a distance of 42.35 feet to the POINT OF BEGINNING of the herein described centerline; thence N68°47'20"E, a distance of 44.72 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 82°36'48", a distance of 36.05 feet to a point of tangency; thence N13°49'29"W, a distance of 181.95 feet; thence N26°02'01"W, a distance of 70.27 feet to the point of curvature of a curve with a radius of 29.72 feet, concave to the east; thence northwesterly QCD to City of Tamarac — West Lake parcel along said curve to the right through a central angle of 54°19'28", a distance of 28.17 feet to a point of tangency; thence N28°17'27"E, a distance of 89.77 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the west; thence northeasterly along said curve to the left through a central angle of 59°50'45", a distance of 26.11 feet to a point of tangency; thence N31°33'18"W, a distance of 86.49 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the east; thence northwesterly along said curve to the right through a central angle of 27°01'45", a distance of 11.79 feet to a point of tangency; thence N04°31'33"W, a distance of 112.82 feet; thence N04°20'57"W, a distance of 64.16 feet to the point of curvature of a curve with a radius of 123.61 feet, concave to the southeast; thence northerly along said curve to the right through a central angle of 97°27'45", a distance of 210.27 feet to a point of tangency; thence S86°53'12"E, a distance of 51.02 feet to the point of curvature of a curve with a radius of 157.58 feet, concave to the north; thence easterly along said curve to the left through a central angle of 34°11'12", a distance of 94.02 feet to a point of tangency; thence N58'55'36"E, a distance of 38.01 feet to the point of curvature of a curve with a radius of 108.05 feet, concave to the south; thence northeasterly along said curve to the right through a central angle of 24°10'52", a distance of 45.60 feet to a point of tangency; thence N83°06'28"E, a distance of 44.83 feet; thence N86°43'45"E, a distance of 60.06 feet to the point of curvature of a curve with a radius of 25.00 feet, concave to the northwest; thence easterly along said curve to the left through a central angle of 81°28'37", a distance of 35.55 feet to a point of tangency; thence N05°15'08"E, a distance of 94.71 feet; thence N05°49'12"E, a distance of 119.50 feet to the point of curvature of a curve with a radius of 194.56 feet, concave to the west; thence northerly along said curve to the left through a central angle of 20'40'29", a distance of 70.21 feet to a point of tangency; thence N14*51'17"W, a distance of 49.81 feet to the point of curvature of a curve with a radius of 148.86 feet, concave to the east; thence northerly along said curve to the right through a central angle of 65°48'56", a distance of 171.00 feet to a point of tangency; thence N50°57'38"E, a distance of 27.70 feet to the point of curvature of a curve with a radius of 126.58 feet, concave to the northwest; thence northeasterly along said curve to the left through a central angle of 49*07'08", a distance of 108.51 feet to a point of tangency; thence N01°50'31"E, a distance of 111.53 feet to the south right of way line of Sheridan Street and the Point of Terminus of said centerline. The side lines of the above described parcel are prolonged or shortened as necessary in order to form a 60 foot wide strip bounded on the South by the north line of a communication tower parcel (with a bearing of S 66°06'36" E) and on the North by the south right of way line of Sheridan Street (with a bearing of S 87°51'11" W). QCD to City of Tamarac — West Lake parcel Instr# 117505065 , Page 1 of 3, Recorded 08/13/2021 at 02:33 PM Broward County Commission Deed Doc Stamps: $0.00 V Return recorded copy to: Broward County Facilities Management Division Real Property Section 115 South Andrews Avenue, Room 501 Fort Lauderdale, FL 33301 This document prepared by and approved as to form by: Annika Ashton Broward County Attomey's Office 115 South Andrews Avenue, Room 423 Fort Lauderdale, FL 33301 Folio: 5040 2600 0010 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this3"'�day of 44a 20W , by and T between CITY OF TAMARAC, a municipal corporation of the State of Florida whose address is 7525 NW 88th Avenue, Tamarac, Florida 33321, hereinafter called "Grantor" and BROWARD COUNTY, a political subdivision of the State of Florida, whose address 115 South Andrews Avenue, Room 501, Fort Lauderdale, Florida 33301, hereinafter called "Grantee." (Wherever used herein the terms " Grantor" and "Grantee" shall indicate both singular and plural, as the context requires). WITNESSETH: That Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations, receipt of which is hereby acknowledged, herebygrants, bargains, sells, conveys, and confirms unto Grantee, its successors and assigns forever, all that certain land situate in Broward County, Florida, described in EXHIBIT A, attached hereto and made a part hereof. TOGETHER WITH all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said property in fee simple that Grantor has good right and lawful authority to'sell grid convey said property, and Grantor hereby fully warrants the title to said property and will defend same against the lawful claims of all persons and parties claiming by, through, or under Grantor, but against none other. WD from City to BC — Aitken parcel 03 Instr# 117505065 , Page 2 of 3 IN WITNESS WHEREOF, Grantor has executed this instrument as of the date first above written. Signed, sealed, and delivered in the presence of rjk1t7_ -(Signature) _. Mri MSG 6oA.A0J (Print Name of Witness) ' 0 pVW �l�_ � (Print Name of Witness) STATE OF FLORIDA COUNTY OF BROWARD CITY OF TAMARAC, a municipal corporation of the Florida ­_ - LI I A Ely: AA-16 Printed Name: /71ce�f�!!� ��or,►,eL Title: Attest by: Je if Joh n, ity Q: 0 SSA` �0: ACKNOWLEDGMENT CouNo �� llJil The foregoing instrument was acknowledged before me, by means of/physical prese a or ❑ online not a ' tion, this �� day of , 20 21 by Mir -,A). ill o as and City Clerk of th City of Tamarac, a municipal corporation of the St 9 Florida. He/she is personally known to me or has produced rib � as iden ' do . (Signature of person taking acknowledgment) (NOTARY SEAL) Notary KMOUY,SMITH (Printed name of officer taking acknowledgment) F -"_. PuWic - State of Florida ` t� .: 1 Commission 8 GG 341977 OF FV My Comm. Expires Jun i, 2023 My commission expires: Sanded through National Notary Asap. REF: Approved BCC May 18, 2021, Item #41 Return to BC Real Property Section WD from City to BC - Aitken parcel EXHIBIT A to Special Warranty Deed Legal Description A portion of the Northeast one -quarter (N.E. 1/4) of Section 26, Township 50 South, Range 40 East, in Broward County, Florida, described as follows: Commence at the Northeast corner of said Section 26; Thence South 89°44'56" West on the North line of said Section 26, a distance of 814.97 feet to the POINT OF BEGINNING; Thence South 01'47'00" East, a distance of 290.01 feet; Thence South 89°44'56" West, a distance of 450.61 feet; Thence North 01°47'00" West, a distance of 290.01 feet; Thence North 89°44'56" East, a distance of 450.61 feet to the POINT OF BEGINNING. Together with an easement for ingress/egress described as follows: A portion of the Northeast one -quarter (N.E. 1/4) of Section 26, Township 50 South, Range 40 East, in Broward County, Florida, described as follows: Commence at the Northeast corner of said Section 26; Thence South 89*44'56" West on the North line of said Section 26, a distance of 814.97 feet; Thence South 01°47'00" East, a distance of 290.01 feet to the POINT OF BEGINNING; Thence South 01°47'00" East, a distance of 250.18 feet; Thence South 89°44'56" West, a distance of 25.01 feet; Thence North 01°47'00" West, a distance of 250.18 feet; Thence North 89°44'56" East, a distance of 25.01 feet to the POINT OF BEGINNING Said lands lying in the Town of Davie, Broward County, Florida. Together with a road easement, more particularly described as follows: Commencing at the Northeast corner of the aforementioned Section 26, thence in a Southerly direction along the East line of Section 26, said line also being the center line of Flamingo Road Canal, a distance of 540.19 feet to a point, said point being the POINT OF BEGINNING; thence continue along the aforementioned course a distance of 65.81 feet to a point; thence in a Westerly direction, with an angle of 91°12'23" as measured in a clockwise direction from the aforesaid course, a distance of 1615.36 feet to a point: thence in a Northerly direction with an interior angle of 91°12'23" a distance of 74.56 feet to a point; thence in an Easterly direction parallel to and 540.00 feet South of the North line of Section 26 a distance of 1615.00 feet, more or less, to the POINT OF BEGINNING. Together with all tenements, hereditaments, privileges, rights -of -reverter, servitudes, and other rights appurtenant to the Property; all buildings, fixtures, appliances, and other improvements existing thereon; all fill and top soil thereon; all oil, gas, and mineral rights possessed by Seller thereon; all right, title, and interest of Seller in and to any and all streets, roads, highways, easements, drainage rights, or rights of way appurtenant to the Property; and all right, title, and interest of Seller in and to any and all covenants, restrictions, agreements, and riparian rights benefiting the Property. WD from City to BC — Aitken parcel Instr# 117505066 , Page 1 of 4, Recorded 08/13/2021 at 02:33 PM Broward County Commission �r Return recorded copy to Broward County Facilities Management Division Real Property Section 115 South Andrews Avenue, Room 501 Fort Lauderdale, FL 33301 This document prepared by and approved as to form by: Annika E. Ashton Broward County Attorney's Office 115 South Andrews Avenue, Room 423 Fort Lauderdale, FL 33301 Folio: 5040 2600 0010 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants is made this 1.3 jj day of _ ��, 20 2-(, by Broward County, hereinafter referred to as "County." A. County is the fee title owner of that certain real property located at 3801 South Flamingo Road, Davie, Florida 33330, more particularly described in Exhibit A attached hereto and made a part hereof ("Property"). B. Pursuant to Section 8.13 of the Broward County Charter ("Charter'l, County acquired the Property from the City of Tamarac as a like acre -for -acre replacement for certain property the County transferred to the City of Tamarac ("West Lake Parcel', which West Lake Parcel is located in West Lake Park. C. West Lake Park is designated as a Regional Park under the Charter and in order to comply with the Charter's requirements for transferring Regional Park property to a municipality, the Broward County Board of County Commissioners (`Board's wishes to limit the use of the Property to park purposes, as defined in the Charter. NOW THEREFORE, County hereby declares that the property shall be developed, held, maintained, and owned subject to the following designations and restrictive covenants. 1. Recitals. The recitals set forth above are true and correct and are incorporated into these restrictive covenants. 2. Restrictions. The use of the Property shall be limited to Park Purposes, defined in Section 8.13 of the Charter as the use of an area of land in the pursuit of outdoor leisure, athletic, or recreational activities and facilities ancillary thereto including, but not limited to, cultural, educational, and civic facilities, animal exhibits, habitats, band shells, pavilions, outdoor classrooms, and concessions. 0 3. Covenant Running with the ]Land. This Declaration of Restrictive Covenants shall be recorded in the Official Records of Broward County, Florida and shall run with the Property and shall be binding on all persons and entities acquiring title and use of the Property. 4. Modification and Termination. No modification or termination of this Declaration of Restrictive Covenants shall be permitted unless specifically approved by a four -fifths vote of the entire Board at a noticed public hearing. Notice of the proposed modification or termination shall be given at least ten (10) days prior to the action by the Board by publication in a newspaper of general circulation in Broward County. In addition, at least ten (10) days prior to the public hearing, the Parks and Recreation Division, or its success division or agency, shall post a sign visible from the street upon the Property. The sign shall be in accordance with municipal regulations relating to signs and shall provide pertinent information regarding the proposed modification or termination. 5. Invalidation. Invalidation of any of these restrictive covenants by judgment or court order shall no way affect any other conditions, which will remain in full force and effect. 6. Effective Date. This Declaration of Restrictive Covenants shall be effective upon recordation in the Official Records of Broward County, Florida. (Remainder of Page Intentionally Left Blank) Instr# 117505066 , Page 3 of 4 IN WITNESS WHEREOF, County has caused this Declaration of Restrictive Convents to be executed in its name by its Board of County Commissioners, acting by the Mayor or Vice -Mayor of said Board, authorized to execute same by action of the Board on the � day of mag, 201L(Item l). COUNTY • i. PWFA /. ``'j%%W 111 f 11111,11 .�` O OM 18 G S�O.,- �� •� •yam CREAlsD n,: to 0 OC91b von: = '9'9p COtJr' :•'• .� ''''''''� �1JJ1ff llllri►��`````` REF: Approved BCC May 18, 2021 Item No: 41 Return to BC Real Property Section AE" Aifir, DRC-Park Fmposes.doc 04/0621 562103v1 BROWARD COUNTY, by and through its Board of County Commissioners �N � byeery. seller By Steve Gellert AEDfiteS&13 Mayor �0 day of 20SI— Approved as to form by Andrew J. Meyers Broward County Attorney Governmental Center,. Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier. (954) 357-7641 ANNIKA E. !,,�1"E ASHTON ASHTON `r"_6�W Annika E. Ashton (Date) Deputy County Attorney EXHIBIT A to Declaration of Restrictive Covenants Legal Description of Property A portion of the Northeast one -quarter (N.E. 1/4) of Section 26, Township 50 South, Range 40 East, in Broward County, Florida, described as follows: Commence at the Northeast corner of said Section 26, Thence South 89°44'56" West on the North line of said Section 26, a distance of 814.97 feet to the POINT OF BEGINNING; Thence South 01 °47'00" East, a distance of 290.01 feet; Thence South 89°44'56" West, a distance of 450.61 feet; Thence North 01 °47'00" West, a distance of 290.01 feet; Thence North 89°44'56" East, a distance of 450.61 feet to the POINT OF BEGINNING. Together with an easement for ingress/egress described as follows: A portion of the Northeast one -quarter (N.E. 1 /4) of Section 26, Township 50 South, Range 40 East, in Broward County, Florida, described as follows: Commence at the Northeast corner of said Section 26; Thence South 89°44'56" West on the North line of said Section 26, a distance of 814.97 feet; Thence South 01 04700" East, a distance of 290.01 feet to the POINT OF BEGINNING; Thence South 01 °47'00" East, a distance of 250.18 feet; Thence South 89°44'56" West, a distance of 25.01 feet; Thence North 01 °47'00" West, a distance of 250.18 feet; Thence North 89°44'56" East, a distance of 25.01 feet to the POINT OF BEGINNING Said lands lying in the Town of Davie, Broward County, Florida. Together with a road easement, more particularly described as follows: Commencing at the Northeast corner of the aforementioned Section 26, thence in a Southerly direction along the East line of Section 26, said line also being the center line of Flamingo Road Canal, a distance of 540.19 feet to a point, said point being the POINT OF BEGINNING; thence continue along the aforementioned course a distance of 65.81 feet to a point; thence in a Westerly direction, with an angle of 91°12'23" as measured in a clockwise direction from the aforesaid course, a distance of 1615.36 feet to a point: thence in a Northerly direction with an interior angle of 91 ° 12'23" a distance of 74.56 feet to a point; thence in an Easterly direction parallel to and 540.00 feet South of the North line of Section 26 a distance of 1615.00 feet, more or less, to the POINT OF BEGINNING. Together with all tenements, hereditaments, privileges, rights -of -reverter, servitudes, and other rights appurtenant to the Property; all buildings, fixtures, appliances, and other improvements existing thereon; all fill and top soil thereon; all oil, gas, and mineral rights possessed by Seller thereon; all right, title, and interest of Seller in and to any and all streets, roads, highways, easements, drainage rights, or rights of way appurtenant to the Property; and all right, title, and interest of Seller in and to any and all covenants, restrictions, agreements, and riparian rights benefiting the Property.