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
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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
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4p .= OCT 1st o: �=
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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
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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)
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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
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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
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Set � ! E 941170.14
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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
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Owner BRO WARD COUNTY BOARD OF
COUNTY COMMISSIONERS
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ry N 617286.80
A� E 941257.74
Point of Beginning M to x 6 Elevation 0.80
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5/8" Iron Rod Cap Folio Number 5142 11 00 0010Owner
BROWARD COUNTY BOARD OF
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fence 0, 3' S ° x O OFFICIAL RECORDS BOOK 7920, PAGE 0644
Found
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$ .. 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
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NBB°O6'10'E 030.59'
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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
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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 ....
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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
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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.