HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-029Temporary Reso.11368 — February 29, 2008
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Revision #1 — March 6, 2008
Revision #2 — March 12, 2008
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2008-�
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH
BROWARD COUNTY ACCEPTING A GRANT AWARD
OF UP TO $2,000,000 FOR THE ACQUISITION OF
THE CHEVRON STATION LOCATED AT 5650 PINE
ISLAND ROAD (ALSO KNOWN AS OS-159
TAMARAC OPEN SPACE RECLAMATION) AND
ACCEPTING THE CONCEPTUAL OPEN SPACE
MANAGEMENT PLAN INCLUDED IN THE
AGREEMENT FOR THE DEVELOPMENT OF
TAMARAC OPEN SPACE RECLAMATION PROJECT;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE THE DECLARATION OF
RESTRICTIVE COVENANTS IN ACCORDANCE
WITH THE INTERLOCAL AGREEMENT;
AUTHORIZING THE CITY CLERK TO RECORD THE
DECLARATION OF RESTRICTIVE COVENANTS IN
THE PUBLIC RECORDS OF BROWARD COUNTY;
PROVIDING FOR INCLUSION OF THE
OBLIGATIONS SET FORTH WITHIN THE
CONCEPTUAL PARK MANAGEMENT PLAN IN THE
CITY'S 5 YEAR CAPITAL IMPROVEMENT
PROGRAM; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO AMEND THE GENERAL
CAPITAL FUND BUDGET IN THE AMOUNT OF
$2,686,800 IN ACCORDANCE WITH PROPER
ACCOUNTING PROCEDURES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac desires to provide its
residents and visitors a higher level of service by enhancing and improving its outdoor
recreation facilities and environment; and
Temporary Reso.11368 — February 29, 2008
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WHEREAS, the City filed an application for acquisition funding through the Safe
Parks and Land Preservation Bond Program for acquisition of the Chevron Station
located at 5650 Pine Island Road (AKA OS-159 Tamarac Open Space Reclamation)
and said application was evaluated and ranked by the County Land Preservation
Advisory Board and included on the list of projects for funding through the Safe Parks
and Land Preservation Bond program; and
WHEREAS, the City is participating with Broward County in the acquisition of
said parcel of property known as Site OS-159 located at the northeast corner of Pine
Island Road and Commercial Boulevard which is in the open space inventory; and
WHEREAS, the City shall enter into an Interlocal Agreement (attached hereto as
Exhibit 1) with Broward County which will be recorded in the public records of Broward
County; and
WHEREAS, the City and Broward County have prepared a Conceptual Park
Management Plan attached hereto as Exhibit B of Exhibit 1; and
WHEREAS, the City wishes to provide the necessary assurances to Broward
County as part of the Interlocal Agreement that the obligations as set forth in the
Conceptual Park Management Plan will be complied with by the City; and
WHEREAS, the Assistant City Manager recommends executing an Interlocal
Agreement (hereto attached as Exhibit 1) agreeing to the Conceptual Park
Management Plan included in the agreement and to amend the City's 5 Year Capital
Improvement Program to provide for development of the project; and
Temporary Reso.11368 — February 29, 2008
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Revision #1 -- March 6, 2008
Revision #2 — March 12, 2008
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac execute an Interlocal
Agreement with Broward County providing for grant funding in the amount of up to
$2,000,000 through the Land Preservation Program to acquire the Chevron Station
located at 5650 Pine Island Road (AKA OS-159 Tamarac Open Space Reclamation
Project) to agree to the Conceptual Park Management Plan included in the agreement
and to amend the City's Five Year Capital Improvement Program to provide for
development of the parcel to enhance the recreation and park facilities within the City
of Tamarac to serve the needs of our residents.
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA:
Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this resolution.
Section 2: The appropriate City Officials are hereby authorized to execute the
Interlocal Agreement (hereto attached as Exhibit 1) between the City and Broward
County for grant funding in the amount of $2,000,000 through the Land Preservation
Program to acquire the Chevron Station located at 5650 Pine Island Road (AKA OS-
159 Tamarac Open Space Reclamation Project) and agree to the Conceptual Park
Management Plan included in the agreement to develop OS-159 Tamarac Open
Space Reclamation Project.
1
Temporary Reso.11368 —February 29, 2008
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Revision #1 — March 6, 2008
Revision #2 — March 12, 2008
Section 3: The appropriate City officials are hereby authorized to execute the
Declaration of Restrictive Covenants (hereto attached as Exhibit 2).
Section 4: The City Clerk is authorized to record a Declaration of Restrictive
Covenants (hereto attached as Exhibit 2) in the Public Records of Broward County.
Section 5: The obligations set forth in the Conceptual Park Management Plan
will be included within the City's Five Year Capital Improvement Program as set for in
the timeline contained in the Park Management Plan.
Section 6: The appropriate City Officials are hereby authorized to amend the
General Capital Fund budget in the amount of $2,686,800 and appropriate said funds
including any and all subsequent budgetary transfers in accordance with proper
accounting procedures.
Section 7: All resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 8: 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.
Temporary Reso.11368 —February 29, 2008
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Revision #1 — March 6, 2008
Revision #2 — March 12, 2008
Section 9: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this day of '2008.
ATTEST:
y j'
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
�AAAUEL S. GOREN
CITY ATTORNEY
1
BETH FLANSBAUM-TALABISCO, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR FLANSBAUM-TALABISCOf�
DIST 11: VIM PORTNER ��//
DIST 2: COMM ATKINS-G D
DIST 3: COMM. SULTANOF
DIST 4: COMM. DRESSLER
Return recorded document to:
Environmental Protection Department
Land Preservation Section
115 South Andrews Avenue, Room A-240
Ft. Lauderdale, FL 33301
Document prepared by:
Maite Azcoitia, Deputy County Attorney
Suite 423, Governmental Center
115 South Andrews Avenue
Fort Lauderdale, FL 33301
INTERLOCAL AGREEMENT FOR THE
ACQUISITION, IMPROVEMENT, ENHANCEMENT,
OPERATION AND MANAGEMENT OF
OPEN SPACE SITE OS-159
TAMARAC OPEN SPACE RECLAMATION
This is an Interlocal Agreement, made and entered into by and between:
BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred
to as "COUNTY,"
AND
CITY OF TAMARAC, a Florida municipal corporation, created and existing under
the laws of the State of Florida, hereinafter referred to as "CITY."
WHEREAS, CITY is: (i) acquiring conservation, green space or open space land
with proceeds of the Bonds (hereinafter defined within Section 1.7 of this Agreement),
or (ii) receiving reimbursement from proceeds of the Bonds for the prior acquisition of
such lands, or (iii) receiving title from COUNTY to such lands previously acquired by
COUNTY involving the proceeds of the Bonds; and
WHEREAS, this Agreement is entered into in order to impose terms, conditions,
and restrictions on CITY's use of Bond proceeds on lands acquired by CITY with Bond
proceeds or on lands for which CITY received reimbursement from Bond proceeds for
prior acquisition or on lands acquired by COUNTY which are transferred to CITY; and
WHEREAS, this Agreement is entered into pursuant to § 163.01, Florida
Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the
interest on the Bonds is excluded from the gross income of Bondholders for federal
income tax purposes; and
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WHEREAS, it is the purpose and intent of the parties to this Interlocal
Agreement, to permit COUNTY and CITY to make the most efficient use of their
respective powers, resources and capabilities by enabling them to cooperate on the
basis of mutual advantage and thereby accomplish the objectives provided for herein in
the manner that will best accord with the existing resources available to each of them
and with the needs and developments within their respective jurisdictions; and
WHEREAS, CITY and COUNTY desire to enter into a cooperative agreement
regarding the acquisition, preservation, improvement, enhancement, operation and
management of a parcel of property described in Exhibit "A," attached hereto and made
a part hereof and hereinafter referred to as the "Site"; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
BACKGROUND, PURPOSE, INTENT AND DEFINITIONS
1.1 The above recitals are true and correct and incorporated herein as if set forth in
full hereunder.
1.2 It is the purpose and intent of this Interlocal Agreement for COUNTY and CITY,
pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a
means by which each governmental entity may exercise its respective powers,
privileges and authorities which they share in common and which each might
exercise separately in order to further a common goal.
1.3 In the event Bond Counsel opines that an amendment is required to this
Agreement so that the tax-exempt status of the Bonds is not jeopardized, CITY
and COUNTY agree to amend the Agreement accordingly.
1.4 In order to further the efforts to be undertaken by COUNTY in connection with the
acquisition, preservation, improvement, enhancement, operation and
management of the Site, the parties hereto acknowledge and agree to cooperate
with each other to the fullest extent reasonably necessary to accomplish the
mutual desire of the parties that the project be successfully completed.
1.5 This Agreement and the covenants and restrictions contained herein shall run
with the Site and shall bind, and the benefits shall inure to, respectively COUNTY
and CITY and their respective successors and assigns.
1.6 This Agreement will be effective upon execution by both parties.
1.7 Definitions - For the purposes of this Agreement and the various covenants,
conditions, terms and provisions which follow, the definitions and identifications
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set forth below are assumed to be true and correct and are agreed upon by the
parties.
"Bonds" shall mean the Broward County, Florida General Obligation Bonds
issued in one or more series pursuant to Resolution 2000-1062 and Resolution
2000-1063 adopted by the Board of County Commissioners of Broward County
relative to parks and/or conservation lands, green space and open space lands.
"Bond Restrictions" shall mean the terms, conditions, and limitations imposed by
any resolution adopted by the Board of County Commissioners of Broward
County authorizing the issuance of Bonds and the official statement and the
terms, conditions, and limitations contained in any contracts, covenants or
instruments executed in connection with the Bonds.
"Disallowable Activities" shall mean those activities and uses not consistent with
the Bond Restrictions or those activities or uses prohibited by those restrictive
covenants or conservation easements required by this Agreement or those
activities or uses set forth within Article 5 of this Agreement.
ARTICLE 2
MANAGEMENT PLAN
2.1 If the Site is Conservation Lands or Green Space, a Conceptual Resource
Management Plan which broadly describes the proposed use of the Site and the
manner in which the CITY proposes to preserve and enhance the Site shall be
attached as Exhibit "B." If the Site is Open Space land, a Conceptual Open
Space Park Management Plan which broadly describes the proposed use of the
Site as open space shall be attached as Exhibit "B."
ARTIrl F
ACQUISITION BY CITY
OR TRANSFER OF TITLE
3.1 CITY shall purchase or has purchased the Site without COUNTY participation in
the acquisition. COUNTY shall reimburse the CITY up to the grant amount of
$2,000,000 approved by the Land Preservation and Acquisition Advisory Board
(LPAAB) and the Broward County Commission upon receipt of the following:
3.1.1 A copy of the recorded deed for the Site; AND
3.1.2 FOR OPEN SPACE SITES - An executed Declaration of Restrictive
Covenants acceptable to the COUNTY, which shall include such
covenants and restrictions sufficient to ensure that the use of the Site at all
times complies with the Bond Restrictions. COUNTY shall record the
Declaration of Restrictive Covenants.
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FOR CONSERVATION OR GREEN SPACE SITES — An executed
Conservation Easement acceptable to the COUNTY, which shall include
such covenants and restrictions sufficient to ensure that the use of the Site
at all times complies with the Bond Restrictions. COUNTY shall record
the Conservation Easement.
3.1.3 A performance bond, letter of credit or a resolution of the CITY acceptable
to the COUNTY indicating that the obligations set forth in the Conceptual
Resource or Open Space Park Management Plan will be included within
the CITY's 5 Year Capital Improvements Program as set forth within the
timeline contained in the Conceptual Resource or Open Space Park
Management Plan. The performance bond, letter of credit or resolution
shall guarantee the CITY's performance of the obligations set forth in the
Conceptual Resource or Open Space Park Management Plan which will
include, at a minimum, securing the site, removing trash and debris,
removing invasive exotic species, replanting native vegetation, providing
for public access and establishing a timeline for the completion of these
activities.
3.2 In addition to the above requirements, each parcel to which CITY acquires title to
the Site shall be subject to such covenants and restrictions as are, at a minimum
sufficient to ensure that the use of the Site at all times complies with the
applicable trust indenture(s) under which the Bonds are issued and any provision
of the Internal Revenue Code or the regulations promulgated thereunder that
pertain to tax-exempt bonds.
3.3 Any payments will be made payable to CITY and forwarded to CITY at:
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
ARTICLE 4
GENERAL CONDITIONS
4.1 The amount of the performance bond, letter of credit or capital improvement
funding shall be determined based upon the site modification requirements set
forth within the Conceptual and Final Resource or Open Space Park
Management Plan or Conservation Land Ecological Restoration Plan. In the
event that CITY fails to perform the obligations set forth within the Conceptual
and Final Resource or Open Space Park Management Plan, COUNTY shall be
entitled to proceed under Article 8, Default and Remedy provisions of this
Agreement. CITY shall ensure that the performance bond or letter of credit
remains valid and in full force and effect until CITY's obligation pursuant to the
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Conceptual and Final Resource or Open Space Park Management Plan or
Conservation Land Ecological Restoration Plan is performed. Termination or
expiration of the bond or letter of credit prior to CITY's performance of such
obligation, or notice to COUNTY that the bond or letter of credit will expire or has
been canceled or disaffirmed prior to CITY's satisfaction of its obligations
hereunder, shall constitute a default of this Agreement. If a resolution is provided
by the CITY, the removal of the obligations set forth in the Conceptual and Final
Resource or Open Space Park Management Plan or Conservation Land
Ecological Restoration Plan from the CITY's 5 Year Capital Improvements
Program before the obligations have been completed shall constitute a default of
this Agreement. In the event of such a default COUNTY shall be entitled to
proceed under the Article 8, Default and Remedies provisions of this Agreement.
4.2 Conservation Land and Green Space Sites:
4.2.1 CITY shall prepare a Final Resource Management Plan and submit it to
the LPAAB for approval within one (1) year from the date of the title
transfer. Upon approval by the LPAAB, the Plan shall be filed with the
COUNTY. The Resource Management Plan shall describe management
goals and measurable objectives to preserve and enhance the
environmental features of the Site and mitigate any potential
environmental damage. The Resource Management Plan shall include an
implementation schedule detailing CITY's timetable for the enhancement,
improvement and preservation activities. The Resource Management Plan
shall be consistent with COUNTY standards for Conservation Land/Green
Space Sites. Under no circumstances shall organized sports be a
permissible activity on the Site. Any proposed use for the Site shall be
consistent with the terms and conditions contained in the COUNTY's Land
Preservation Bond Program, as set forth in Broward County Resolution
No. 2000-1230.
4.2.2 A Conservation Land Ecological Restoration Plan will be prepared by the
CITY and submitted for approval to the LPAAB for the ecological
restoration of designated Conservation Lands, if present, before any
ecological restoration operation or site development is initiated. The
Conservation Land Ecological Restoration Plan shall contain an ecological
restoration cost projection. After the completion of the ecological
restoration operations in accordance with the Conservation Land
Ecological Restoration Plan, COUNTY shall reimburse CITY for the costs
sustained by CITY to a maximum amount not to exceed $ -0- within
ninety (90) days from the reimbursement request. COUNTY shall not
make any payments to CITY in advance of the completion of the
ecological restoration.
4.3 Open Space Sites: CITY shall prepare a Final Open Space Park Management
Plan and submit it to the LPAAB for approval within one (1) year from the date of
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reimbursement by COUNTY or within one (1) year of the closing if the COUNTY
contributed the grant amount at the time of acquisition. Upon approval by the
LPAAB, the Plan shall be filed with the COUNTY. The Final Open Space Park
Management Plan shall at a minimum set forth how the Site will be used by the
CITY, how much land is necessary to be paved for infrastructure and active
recreation, a requirement that native trees be used in landscaping, clearing of
exotic invasive species and the accessibility of the site to the general public.
Additionally, the CITY shall describe how NatureScape Broward principles will be
utilized on the site after development occurs. These principles which include
actions such as reducing the amount of irrigation, fertilizer and pesticide use will
be described in the Final Open Space Park Management Plan. The CITY shall
apply for certification under the Florida Yards & Neighborhoods or Backyard
Wildlife Habitat programs once site development has occurred. The Final Open
Space Park Management Plan shall describe management goals and
measurable objectives. The Final Open Space Park Management Plan shall
include an implementation schedule detailing CITY's timetable for the
enhancement and improvement activities. The Final Open Space Park
Management Plan shall be consistent with COUNTY standards for Open Space
Sites. Any proposed use for the Site shall be consistent with the terms and
conditions contained in the COUNTY's Land Preservation Bond Program, as set
forth in Broward County Resolution No. 2000-1230.
4.4 Any amendment to the Final Resource Management Plan or Conservation Land
Ecological Restoration Plan or Final Open Space Park Management Plan shall
not be effective until such time as it is mutually agreed upon by the CITY and the
Land Preservation and Acquisition Advisory Board and filed with the COUNTY.
4.5 Conservation Land and Green Space Sites: CITY shall manage or cause the
Site to be managed in accordance with the approved Final Resource
Management Plan and Conservation Land Ecological Restoration Plan for the
conservation, protection and enhancement of natural resources and for passive,
natural resource -based public outdoor recreation which is compatible with the
conservation, protection and enhancement of the Site, along with other related
uses necessary for the accomplishment of this purpose. CITY covenants that
CITY will not commit waste to or on the Site, and CITY shall use due care and
diligence to prevent others from doing same. CITY covenants to keep and
maintain the Site in good order and condition and, furthermore, covenants that
CITY shall not commit a nuisance on the Site or knowingly permit others to do
so; nor shall CITY itself use the Site for any unlawful purpose, or allow any other
person to do so.
4.6 Open Space Sites: CITY shall manage or cause the Site to be managed in
accordance with Resolution 2000-1230 adopted by the Board of County
Commissioners and the approved Final Open Space Park Management Plan.
CITY covenants that CITY will not commit waste to or on the Site, and CITY shall
use due care and diligence to prevent others from doing same. CITY covenants
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to keep and maintain the Site in good order and condition and, furthermore,
covenants that CITY shall not commit a nuisance as set forth in Chapter 823,
F.S., on the Site or knowingly permit others to do so; nor shall CITY itself use the
Site for any unlawful purpose, or allow any other person to do so.
4.7 CITY shall not make enhancements at the Site in conflict with the Final Resource
or Open Space Park Management Plan as described above. CITY shall notify
COUNTY's Contract Administrator of intended enhancements at the Site,
reasonably before implementation of same. CITY shall have all access required
for its enhancement responsibilities. COUNTY acknowledges that COUNTY's
Contract Administrator may need to assist in resolving any conflicts which may
exist between COUNTY departments in order for CITY to properly proceed with
enhancements.
4.8 COUNTY agrees that it will join, cooperate and shall execute such reasonable
documents as may be required by law in connection with grants of easements or
restrictive covenants. The approval of any development or environmental
permits by the COUNTY shall be in accordance with applicable laws and
ordinances.
4.9 COUNTY staff or its duly authorized representatives shall have the right at any
time to inspect the Site and the operations of CITY at the Site.
4.10 If CITY obtains a grant from an agency of the State of Florida for any portion of
the moneys required for the acquisition of the Site or reimbursement of moneys
used to acquire the Site, CITY will use its best efforts to ensure that any reverter
language required by the State includes a commitment by the State (in the event
fee simple title to the Site reverts to the State) that the use of the Site will at all
times comply with the applicable trust indenture(s) under which the Bonds are
issued and any provision of the Internal Revenue Code or the regulations
promulgated thereunder that pertain to tax-exempt bonds.
4.11 Any transfer of title of the Site, excluding transfer of title to the State as set forth
above, shall be subject to the approval of COUNTY and COUNTY shall enter into
a new agreement with the transferee, containing such covenants or clauses, or
other restrictions as are sufficient to protect the interests of the Bond holders.
4.12 If the Land Preservation and Acquisition Advisory Board is no longer in
existence, the Final Resource Management Plan and/or the Conservation Land
Ecological Restoration Plan or Final Open Space Park Management Plan and
any amendments to the Plan shall be submitted to the Board of County
Commissioners for approval.
4.13 CITY agrees to initiate a land use plan map amendment to the Broward County
Land Use Plan and the local Land Use Plan amending the land use designation
of the Site to Recreation and Open Space use or comparable local land use
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designation for Open Space Sites or to Conservation for Conservation Land or
Green Space Sites. CITY agrees that any trips associated with the approved use
on this property will not be transferred or utilized in any manner within any other
property within CITY.
4.14 CITY shall ensure that all activities on the Site comply with applicable local, state,
regional and federal laws and regulations, including zoning ordinances and the
CITY and COUNTY comprehensive plans.
ARTICLE 5
OBLIGATIONS INCURRED BY CITY
AS A RESULT OF BOND PROCEEDS BEING UTILIZED
TO PURCHASE SITE
5.1 If the Site is to remain subject after its acquisition to any of the below listed
activities or interests, CITY shall provide at least sixty (60) days written notice of
any such activity or interest to COUNTY prior to the activity taking place, and
shall provide to COUNTY such information with respect thereto as COUNTY
reasonably requests in order to evaluate the legal and tax consequences of such
activity or interest:
5.1.1 Any lease of any interest in the Site to a non -governmental person or
organization.
5.1.2 The operation of any concession on the Site to a non -governmental
person or organization.
5.1.3 Any sales contract or option to buy things attached to the Site to be
severed from the Site with a non -governmental person or organization.
5.1.4 Any use of the Site by non -governmental persons other than in such
person's capacity as a member of the general public.
5.1.5 A management contract of the Site with a non -governmental person or
organization.
5.1.6 Such other activity or interest as may be specified from time to time in
writing by COUNTY to CITY.
5.2 CITY agrees and acknowledges that the following transactions, events, and
circumstances may not be permitted on the Site as they may have negative legal
and tax consequences under Florida Law and federal income tax law. CITY shall
provide at least sixty (60) days written notice of any such activity or interest to
COUNTY prior to the activity taking place, and shall provide to COUNTY such
information with respect thereto as COUNTY reasonably requests in order to
evaluate the legal and tax consequences of such activity or interest.
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5.2.1 A sale of the Site or lease of the Site to a non -governmental person or
organization.
5.2.2 The operation of a concession on the Site by a non -governmental person
or organization.
5.2.3 A sale of things attached to the Site to be severed from the Site to a non-
governmental person or organization.
5.2.4 Any change in the character or use of the Site from that use expected at
the date of the issuance of any series of Bonds from the disbursement is
to be made.
5.2.5 Any use of the Site by non -governmental persons other than in such
person's capacity as a member of the general public.
5.2.6 A management contract of the Site with a non -governmental person or
organization.
5.2.7 Such other activity or interest as may be specified from time to time in
writing by COUNTY to CITY.
5.3 Delegations and contractual arrangements between CITY and other
governmental bodies, not -for -profit entities, or non -governmental persons for use
or management of the Site will in no way relieve CITY of the responsibility to
ensure that the conditions imposed herein on the Site as a result of utilizing Bond
proceeds to acquire the Site are fully complied with by the contracting party.
ARTICLE 6
IMPROVEMENT, OPERATION
AND MANAGEMENT RESPONSIBILITIES
6.1 COUNTY and CITY agree that CITY shall be solely responsible for the
improvement, operation and management of the Site in accordance with the
terms of this Interlocal Agreement and the Final Resource or Open Space Park
Management Plan.
6.2 CITY agrees that the Site and all its facilities and amenities will be available to all
residents of Broward County for activities set forth within this Agreement and that
any entrance, user or other fees or conditions assessed by CITY will be identical
for all residents of Broward County.
6.3 COUNTY agrees to provide CITY with technical assistance in the implementation
of the Final Resource or Open Space Park Management Plan for the utilization of
the Site, if requested by CITY at no cost to CITY.
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6.4 CITY agrees to provide access to COUNTY personnel to provide, if COUNTY so
desires, the public with nature interpretation programs.
6.5 CITY shall be solely responsible to obtain and shall promptly pay all charges for
telephone, gas, water, electricity, sewage, garbage removal and any other utility
used or consumed at the Site.
6.6 COUNTY shall monitor the Site for compliance with the provisions of the Final
Resource or Open Space Park Management Plan for a period of five (5) years
from the date of the mutual acceptance and approval of the Final Resource or
Open Space Park Management Plan.
6.7 CITY shall submit an annual report to the COUNTY indicating all operations,
enhancements, and site development which occurred during the previous year
for a period of five (5) years.
6.8 CITY shall, through its agents and employees, prevent the unauthorized use of
the Site or any use thereof not in conformity with the Conceptual and Final
Resource or Open Space Park Management Plan.
6.9 If the CITY and COUNTY are co -recipients of a grant for this project, the CITY
and COUNTY shall be jointly responsible, as set forth below, for compliance with
all requirements of the grant contract and grant declaration of restrictive
covenants.
6.9.1 The COUNTY shall act as key contact for the grant and will provide the
CITY with all relevant and fully executed and approved documents
specifically associated with the grant, including applications, grant
contracts, declarations of restrictive covenants, approved management
plans and annual reports.
6.9.2 The COUNTY shall prepare a grant management plan, with input from the
CITY, which meets the requirements of the granting agency. A
management plan prepared by the CITY according to the requirements of
Sections 4.2 or 4.3 herein can serve as the basis for the grant
management plan, but the grant management plan requirements of this
section in no way negate the requirements of Sections 4.2 or 4.3.
6.9.3 The CITY, as the site manager, shall prepare and submit annual
grant status reports to the COUNTY, according to the COUNTY's reporting
requirements. The COUNTY shall prepare and submit annual grant status
reports to the granting agency, according to the granting agency's
reporting requirements. If the annual reporting requirements stipulated in
this section meet the reporting requirements in Section 6.7 above, a single
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annual report can be submitted by the CITY to the COUNTY to
serve both purposes.
6.9.4 The CITY, as site manager, will be responsible for site management plan
implementation and appropriate site management and monitoring.
ARTICLE 7
CONSTRUCTION OF ENHANCEMENTS
7.1 CITY is a state agency as defined by Section 768.28, Florida Statutes. CITY
shall furnish BROWARD COUNTY with written verification of liability protection in
accordance with state law prior to final execution of this Agreement. Additionally,
if CITY elects to purchase any additional liability coverage including excess
liability coverage, CITY agrees that BROWARD COUNTY BOARD OF COUNTY
COMMISSIONERS will be included as an additional named insured on the
certificate.
In the event CITY chooses to no longer be self -insured under Chapter 440,
Florida Statutes, CITY shall give prompt notice to BROWARD COUNTY and
CITY shall provide, pay for and maintain in force Workers' Compensation
Insurance for the term of this agreement.
7.2 CITY agrees to include the following language in any contract it enters into with
selected contractor(s) [said contractor(s) referred to as "CONTRACTOR"]
engaged to complete any improvements contemplated by this Interlocal
Agreement:
GENERAL INDEMNIFICATION: CONTRACTOR shall indemnify
and hold harmless COUNTY and CITY, its officers and employees,
from liabilities, damages, losses, and costs, including, but not
limited to reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of
CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify COUNTY or CITY, its employees,
officers, directors, or agents from any liability, damage, loss, claim,
action, or proceeding. These indemnifications shall survive the
term of this Agreement. In the event that any action or proceeding
is brought against COUNTY or CITY by reason of any such claim or
demand, CONTRACTOR shall, upon written notice from COUNTY,
resist and defend such action or proceeding by counsel satisfactory
to COUNTY.
The indemnification provided above shall obligate CONTRACTOR
to defend at its own expense to and through appellate,
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supplemental or bankruptcy proceeding, or to provide for such
defense, at COUNTY's and CITY's option, any and all claims of
liability and all suits and actions of every name and description
covered by the above provisions which may be brought against
COUNTY or CITY whether performed by CONTRACTOR, or
persons employed or utilized by CONTRACTOR.
Nothing contained herein is intended nor shall it be construed to
waive CITY's and COUNTY's rights and immunities under the
common law or Florida Statute 768.28 as amended from time to
time.
7.3 CITY agrees to include in its agreement with any successful contractor(s) the
requirement that the contractor(s) maintain at least the following insurance
requirements throughout the term of the Agreement and further agrees to provide
to COUNTY, prior to commencement of any improvements at the Site,
Certificates of Insurance evidencing the CONTRACTOR's compliance with the
requirements of this section:
INSURANCE REQUIREMENTS:
A. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for and maintain in
force until all of its work to be performed under this Interlocal Agreement
has been completed and accepted by CITY (for such duration as is
otherwise specified hereinafter), the insurance coverages set forth herein:
1. Workers' Compensation Insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
a. Employers' Liability with a limit of One Hundred Thousand
Dollars ($100,000.00) each accident.
b. If any operations are to be undertaken on or about navigable
waters, coverage must be included for the U.S.
Longshoremen and Harbor Workers Act and Jones Act.
2. Comprehensive General or Commercial Liability with minimum
limits of Five Hundred Thousand Dollars ($500,000.00) per
occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form
no more restrictive than the latest edition of the Comprehensive
General or Commercial Liability policy, without restrictive
Page 12 of 25
endorsements, as filed by the Insurance Services Office, and must
include:
a. Premises and/or Operations.
b. Independent Contractors.
C. Products and/or Completed Operations.
d. Explosion, Collapse and Underground Coverages.
e. Broad Form Property Damage.
f. Broad Form Contractual Coverage applicable to this specific
Interlocal Agreement, including any hold harmless and/or
indemnification agreement.
g. Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal
to those required for Bodily Injury Liability and Property
Damage Liability.
h. COUNTY is to be expressly included as an "Additional
Insured" in the name of the "Board of County
Commissioners of Broward County, Florida" with respect to
liability arising out of operations performed for CITY by or on
behalf of CONTRACTOR or acts or omissions of COUNTY
or CITY.
3. Business Automobile Liability with minimum limits of Three
Hundred Thousand Dollars ($300,000.00) per occurrence,
combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile
Liability policy, without restrictive endorsements, as filed by the
Insurance Services Office, and must include:
a. Owned Vehicles.
b. Hired and Non -Owned Vehicles.
B. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished thirty (30) days prior to the date of
their expiration.
Page 13 of 25
C. Notice of Cancellation and/or Restriction - The Certification of Insurance
will reflect thirty (30) days prior notice of cancellation and/or restriction to
the COUNTY and CITY.
D. The CONTRACTOR shall furnish to the CITY's Risk Management
Department Certificates of Insurance or endorsements evidencing the
insurance coverage specified above within fifteen (15) calendar days after
notification of award. The required Certificates of Insurance shall name
the types of policies provided, refer specifically to this Interlocal
Agreement and state that such insurance is as required by this Interlocal
Agreement.
E. CONTRACTOR shall not commence work under the Interlocal Agreement
until after it has obtained all the minimum insurance herein described and
the policies of such insurance detailing the provisions of coverage have
been received and approved by CITY. CONTRACTOR shall not permit
any subcontractor to begin work until after similar minimum insurance to
cover the subcontractor has been obtained and approved.
7.4 CITY agrees that prior to commencement of any construction at the Site, CITY
through its contractor(s), shall deliver or cause to be delivered to COUNTY one
or more Payment and Performance Bond(s) ("Bond") for the Project naming
COUNTY and CITY as dual obligees in said Bond; which Bond shall be in an
amount at least equal to one hundred percent (100%) of the contract price.
7.5 CITY shall ensure that all warranties and guarantees for any construction,
workmanship and/or materials and equipment constructed, installed and/or
affixed on the Site, shall run to both CITY and COUNTY.
ARTICLE 8
DEFAULT AND REMEDIES
8.1 COUNTY shall have the right at any time to inspect the Site described herein in
order to determine compliance with this Interlocal Agreement. In the event that
CITY is engaging in or allowing others to engage in Disallowable Activities on the
Site, CITY agrees to immediately cease or cause the cessation of the
Disallowable Activity upon receipt of written notice from the COUNTY. In the
event that either party fails to keep and perform any essential term or condition of
this Interlocal Agreement, the other party shall provide written notice requiring the
satisfactory and immediate correction of that failure within ninety (90) days. If the
failure is not remedied within said ninety (90) days to the satisfaction of the other
party, this occurrence shall be deemed to be an event of default.
8.2 Both parties acknowledge and agree that, in the event that the CITY fails to
materially comply with the covenants and restrictions as are sufficient to ensure
that the use of the Site at all times complies with the Bond Restrictions set forth
Page 14 of 25
within the Declaration of Restrictive Covenants and/or Conservation Easement,
such failure shall be deemed a default and if CITY fails to remedy the default
within the time frame set forth above, CITY shall transfer fee simple title of the
Site to the COUNTY within sixty (60) days of the date of the COUNTY requests
transfer of the Site. If CITY obtained a grant from an agency of the State of
Florida for any portion of the moneys required for the acquisition of the Site or
reimbursement of moneys used to acquire the Site and the State of Florida has
also declared CITY to be in default, the provisions of the agreement entered into
between CITY and the State of Florida shall prevail. If the CITY fails to remedy
the default within the time frame set forth within the agreement with the State of
Florida and the State of Florida requires the transfer of fee simple title to the
State of Florida, CITY shall refund COUNTY's monetary contribution plus six
percent (6%) interest per annum to the COUNTY within sixty days of the date the
Site is transferred to the State of Florida.
8.3 If CITY provided a bond or letter of credit, both parties acknowledge and agree
that, in the event that the CITY fails to materially comply with the obligations set
forth within the Conceptual or Final Resource or Open Space Park Management
Plan or the Conservation Land Ecological Restoration Plan, such failure shall be
deemed a default and if CITY fails to remedy the default within the time frame set
forth above, COUNTY shall draw on the bond or the letter of credit. If the
COUNTY draws against the bond or letter of credit, CITY agrees that COUNTY
shall have the authority to perform such obligations utilizing the funds obtained
from the bond or letter of credit.
8.4 If CITY provided a resolution indicating that the obligations set forth in the
Conceptual Resource or Open Space Park Management Plan will be included
within the CITY's 5 Year Capital Improvements Program, both parties
acknowledge and agree that, in the event that the CITY fails to materially comply
with the obligations set forth within the Conceptual or Final Resource or Open
Space Park Management Plan or the Conservation Land Ecological Restoration
Plan, such failure shall be deemed a default and if CITY fails to remedy the
default within the time frame set forth above, CITY shall transfer fee simple title
of the Site to the COUNTY within sixty (60) days of the date of the COUNTY
requests transfer of the Site.
8.5 In the event of any default or breach of any of the terms of this Interlocal
Agreement, it is specifically acknowledged and agreed that either party shall, in
addition to all other remedies which may be available in law or equity, have the
right to enforce this Interlocal Agreement by specific performance, injunctive
relief, prohibition or mandamus to compel the other party to abide by the terms of
this Interlocal Agreement.
Page 15 of 25
ARTICLE 9
INDEMNIFICATION
CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and COUNTY is
a political subdivision of the State of Florida. Each agrees to be fully responsible for
acts and omissions of their elected officials, agents or employees to the extent
permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity
by any party to which sovereign immunity may be applicable. Nothing herein shall be
construed as consent by a state agency or political subdivision of the State of Florida to
be sued by third parties in any matter arising out of this Agreement or any other
contract.
ARTICLE 10
MISCELLANEOUS
10.1 Joint Preparation: The preparation of this Interlocal Agreement has been a joint
effort of the parties hereto and the resulting document shall not, solely as a
matter of judicial construction, be construed more severely against one of the
parties than the other.
10.2 Entire Agreement and Modification: This Interlocal Agreement incorporates,
supersedes and includes all prior negotiations, correspondence, conversations,
agreements or understanding applicable to the matter contained herein. It is
further agreed that no change, alteration or modification in the terms and
conditions contained herein shall be effective unless contained in a written
document executed with the same formality and of equal dignity herewith.
10.3 Records: In accordance with the Public Records Law, CITY agrees to permit
COUNTY to examine all records and grants COUNTY the right to audit any
books, documents and papers that were generated during the course of
administration of the Site. CITY shall maintain the records, books, documents
and papers associated with this Interlocal Agreement for at least three (3) years
following execution of this Interlocal Agreement.
10.4 Contract Administrator: The Contract Administrators for this Interlocal
Agreement are the Biological Resources Division Director or designee for
COUNTY, and CITY Manager or designee for CITY. In the administration of this
Interlocal Agreement, as contrasted with matters of policy, all parties may rely
upon instructions or determinations made by the respective Contract
Administrators.
10.5 Recordation/Filing: This Agreement shall be recorded in the public records of
Broward County, in accordance with the Florida Interlocal Cooperation Act of
1969.
Page 16 of 25
10.6 Notices: Whenever either party desires to give notice unto the other, such notice
must be in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective places for giving of
notice:
FOR COUNTY:
Director
Broward County Biological Resources Division
115 South Andrews Avenue, Room A-240
Fort Lauderdale, Florida 33301
FnR r iTY•
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
10.7 Choice of Law Waiver of Jury Trial: Any controversies or legal problems arising
out of this transaction and any action involving the enforcement or interpretation
of any rights hereunder shall be submitted to the jurisdiction of the State courts of
the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and
shall be governed by the laws of the State of Florida. To encourage prompt and
equitable resolution of any litigation that may arise hereunder, each party hereby
waives any rights it may have to a trial by jury of any such litigation.
10.8 Conflict: In the event that this Interlocal Agreement conflicts with any other
agreement or document pertaining to permissible uses of the Site, CITY and
COUNTY agree that the terms and conditions contained in this Interlocal
Agreement shall prevail.
10.9 Counterpart Originals: The parties agree that this Agreement may be executed
in counterparts, and that collectively the counterparts shall be considered an
original agreement and shall be deemed legally sufficient and binding upon the
parties.
Page 17 of 25
IN WITNESS WHEREOF, the parties have made and executed this Interlocal
Agreement on the respective dates under each signature: BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor
or Vice -Mayor, authorized to execute same by Board action on the day of
, 20 , and , signing
by and through its , duly authorized to execute same.
County Administrator, as
Ex-Officio Clerk of
the Board of County
Commissioners of Broward
County, Florida
Approved as to Insurance
Requirements
day of
20
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Mayor
day of , 20
Approved as to form by
Office of County Attorney
Broward County, Florida
JEFFREY J. NEWTON, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
Page 18 of 25
Deputy County Attorney
INTERLOCAL AGREEMENT FOR ACQUISITION, IMPROVEMENT, ENHANCEMENT,
OPERATION AND MANAGEMENT BY CITY OF TAMARAC OF OPEN SPACE SITE
OS-159 TAMARAC OPEN SPACE RECLAMATION
WITNESSES:
ATTEST:
CITY Clerk
CITY
CITY OF TAMARAC
By
Mayor -Commissioner
�i day of , 20 08' .
By 4 . n ry(�.•i
Manager
� day of `f� / 1A
APPROVED AS TO FORM:
By
CITY Attorney
Page 19 of 25
EXHIBIT A
LEGAL DESCRIPTION OF SITE
Lot 15, Block 8, Lyons Commercial Subdivision according to the Plat thereof, as
recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida
Page 20 of 25
EXHIBIT "B"
CONCEPTUAL PARK MANAGEMENT PLAN
Between
BROWARD COUNTY
and
CITY OF TAMARAC
for
IMPROVEMENT, ENHANCEMENT, OPERATION, MANAGEMENT
BY THE CITY OF TAMARAC
OF THE OPEN SPACE SITE REFERRED TO AS
(OS-159) TAMARAC RECLAMATION
AS DESIGNATED IN THE BROWARD COUNTY
LAND PRESERVATION INVENTORY
Updated: FEBRUARY 2008
Page 21 of 25
INTRODUCTION
The Open Space Park Management Plan for the Tamarac Reclamation project site
#OS-159 was developed to ensure that the site will be developed for the purposes
stated in the Open Space Grant application, the Broward County Safe Parks and Land
Preservation Bond Program, and in accordance with the approved Interlocal Agreement
executed for the project by Broward County and the City of Tamarac. The park project
was created to allow the City of Tamarac to further its goal of developing recreation and
open space throughout the City.
The project site is located east of Pine Island Road, north of Commercial
Boulevard and south of NW 57t" Street and is 1.37 acres. The site is known as Lot 15
Block 8, Lyons Commercial Subdivision, according to the Plat thereof as recorded in
Plat Book 69, page 42 of the Public Records of Broward County.
The site is currently occupied by a Chevron gas station with an accompanying car
wash structure, the site is primarily covered by asphalt. Approximately 15% of the site is
occupied by vegetation, which includes twelve live oaks and one mahogany. The parcel
is adjacent to the Tamarac Community Center/Tamarac Branch Library Complex, which
occupies 8.5 acres.
This management plan shall ensure that the goals and objectives of Broward
County Resolution 2000-1230 are satisfied and provide a timeline for completion of
required improvements. Section 4.03.a of the Resolution states that property listed in
the Open Space Inventory shall include "undeveloped or agricultural land which can
function, if appropriately developed and managed, to optimize water recharge quality
and quantity, air quality and environmental benefits of the site while providing public
use.,,
II PURPOSE OF THE PROJECT
The primary goal of the Land Preservation Program is to ensure the preservation and/or
creation of ecologically valuable lands while expanding the passive recreation
opportunities for the residents of Broward County. This project shall incorporate these
values in the planning, implementation, maintenance and operation of the site.
The site represents a premier opportunity for Tamarac to further its goals for recreation
and open space as identified in the City's Comprehensive Plan. The site is currently
occupied by a Chevron gas station and associated structures that have a negative
influence on our environment through noxious output and impervious surfaces. With
conversion of this site into a green, open space, the community and overall environment
will be instantaneously improved.
Furthermore, the site
is within
close proximity
of the Community Center/Library
Complex. The site will
be ideal
for serving as a
continuation of the greenway and
walking trail that runs
through
the Community
Center/Library Complex. The City
Page 22 of 25
envisions a setting very similar to that used in the development of Tamarac Commons
Park. A future pedestrian overpass will be located on the northwest corner of the site,
which will further enhance the non -vehicle utility of the corridor. Moreover, the site is
located on the County Greenway System. The parcel is planned to be developed into a
passive park with benches, a water fountain, and green, open space.
The City will remove all impervious structures currently on site and commits to installing
minimal impervious structures in the future. Other than the portion of the site occupied
by parking facilities, no more than 30% of the site will be occupied by impervious
structures (fountain, walkways, etc.).
III SITE DEVELOPMENT
The City of Tamarac shall provide the following improvements:
• Removal of gas station and car wash structures, and associated gas station
infrastructure (pumps, tanks, etc.) in accordance with Broward County EPD and
other associated regulatory bodies.
• Fountain
• Walkways
• Benches
• Parking Facilities
In order to adhere to the directives stated in Section 4.03.a of Resolution 2000-1230
and ensure passive recreation opportunities, Broward County has developed a standard
for active recreation and impervious surfaces for lands acquired through this Program.
The standard is as follows:
Impervious surfaces and surfaces requiring intense fertilization and pest
control, such as ballfields, shall not exceed 30% of the project area,
excluding park access infrastructures such as parking areas,
entranceways and restroom facilities.
Upon completion of this project, the area comprised of impervious surfaces and/or
dedicated to active recreation shall not exceed thirty percent (30%) of the total project
area, excluding park access infrastructures such as parking areas, entranceways and
restroom facilities.
IV KEY MANAGEMENT ACTIVITIES
Exotic Veaetation
The City of Tamarac, as manager of the site, shall be responsible for the removal of all
invasive exotic vegetation and the prevention of future growth and spread of such
Page 23 of 25
vegetation. Once the site has been developed, the City of Tamarac shall ensure that
invasive exotic vegetation does not reestablish within the park.
Native Veaetation
Existing native vegetation shall be preserved and incorporated into the park landscape
design. The City of Tamarac shall landscape at least thirty percent (30 %) of the site
with native species and maintain such species in a manner which ensures their viability.
Xeriscape design shall be used where appropriate. The location of this landscaping
shall be determined by the City of Tamarac and depicted in the final Park Management
Plan, which shall contain a list of the native species anticipated to be used in
landscaping and a map of the landscaped portions of the site.
NatureScape Broward Principles
The NatureScape Broward program focuses on nine (9) principles for "Florida Friendly"
landscapes. City shall incorporate all applicable principles into park development and
note such actions in the Final Park Management Plan.
City shall apply for either a Backyard Wildlife Habitat certification through the National
Wildlife Federation or the Florida Yards & Neighborhoods certification through the
University of Florida IFAS Extension within three (3) months of opening the site to the
public.
For more information regarding the implementation of NatureScape practices to your
project please contact 954-519-0317.
Illegal Dumping
Prior to site development, the City of Tamarac shall ensure that illegal dumping of waste
does not occur on the site and if such activity does occur it is the City of Tamarac's
responsibility to remove and properly dispose of such items. If hazardous materials are
discovered on the site, the City of Tamarac shall immediately notify the Broward County
Environmental Protection Department (EPD).
Archaeological Features
Prior to commencement of any proposed development activities, measures shall be
taken to determine the presence of archaeological sites.
Public Access
Once the site has been fully developed, the City of Tamarac shall allow public access to
the site during hours of operation determined by the City of Tamarac.
Page 24 of 25
Signage
The City of Tamarac shall install a temporary sign, at the City of Tamarac's expense,
the design and schematics of which shall be provided by the County, in a highly visible
area of the project site recognizing the efforts of the Broward County Board of County
Commissioners and funding through the Safe Parks and Land Preservation Bond.
Upon completion of the project, the City of Tamarac shall construct and install a
permanent sign, at the City of Tamarac's expense, in accordance with the
aforementioned standards.
V PRIORITY SCHEDULE
Within three (3) months of the transfer of funds from the County to the City of Tamarac,
the City of Tamarac shall perform the necessary site maintenance (i.e. mowing) to
prevent the growth and spread of exotic vegetation. This task shall be performed a
minimum of four (4) times per year, or as deemed necessary by the County, until the
project is fully developed.
Within six (6) months of the transfer of funds from the County to the City of Tamarac,
the City of Tamarac shall install the temporary sign.
Within eighteen (18) months of the transfer of funds from the County to the City of
Tamarac, the City of Tamarac shall remove any existing waste from the site. The City of
Tamarac shall ensure that future illegal dumping of waste does not occur on the site
through a monitoring and security program. If such activity does occur, the City of
Tamarac shall be responsible for removing and properly disposing of such waste.
Within two (2) years of the transfer of funds from the County to the City of Tamarac, the
City of Tamarac shall integrate the major elements of the project into the City of
Tamarac's five-year Capital Improvement Program. The major elements of the project
that are to be integrated include, but are not limited to, securing the site, removing
invasive exotic plant species and landscaping with native species, developing park
infrastructures, removing existing waste and establishing a timeline to provide public
access . These elements shall be completed on a schedule outlined in the final Park
Management Plan.
VI MONITORING
The County shall monitor the site for compliance with the provisions of the final Park
Management Plan for the period of five (5) years from the date of the mutual
acceptance of and approval of the final Park Management Plan. The City of Tamarac
shall allow County staff access onto the property during these visits.
Page 25 of 25
Document prepared by:
Goren, Cherof, Doody % Ezrol PA
3099 E. Commercial Boulevard - Ste 200
Fort Lauderdale, FL 33308
DECLARATION OF RESTRICTIVE COVENANTS
HIS DECLARATION OF RESTRICTIVE COVENANTS, made this may of
, 20 OS; by City of Tamarac (City), hereinafter referred to as "PROPERTY OWNER."
WITNESSETH
WHEREAS, PROPERTY OWNER is the fee title owner of that certain real property located
in Broward County, Florida, as described in Exhibit "A," attached hereto and made a part hereof,
(the PROPERTY); and
WHEREAS, the PROPERTY was acquired in whole or in part through Broward County's
Safe Parks and Land Preservation Bond Program; and
WHEREAS, the use of the PROPERTY shall be in accordance with the provisions of the
terms and conditions contained in Broward County's Safe Parks and Land Preservation Bond
Program, as set forth in Broward County Resolution No. 2000-1230 and the I nterlocal Agreement
(the AGREEMENT) entered into with Broward County for Acquisition, Improvement, Enhancement,
Operation and Management of Conservation Land, Green Space and Open Space Sites approved
by the Broward County Board of County Commissioners on the day of
20_.
NOW, THEREFORE, PROPERTY OWNER hereby declares that the Property shall be
developed, held, maintained, transferred, sold, conveyed and owned subject to the following
designations and restrictive covenants:
RECITALS
The recitals set forth above are true and correct and are incorporated into these restrictive
covenants.
2. RESTRICTIONS
CAF#552
03/17/03 Revised
(a) The PROPERTY shall be preserved as open space and for recreational use in
perpetuity-
(b) Only buildings necessary for and ancillary to the open space and recreational use
shall be allowed.
(c) Any proposed use for the Site shall be consistent with the terms and conditions
contained in the Final Open Space Park Management Plan
(d) No use of the PROPERTY shall be allowed which is inconsistent with the intent and
purpose of this Declaration of Restrictive Covenants, the AGREEMENT and the Final Open
Space Park Management Plan,
3. MODIFICATION AND TERMINATION
No revisions to the Declarations of Restrictive Covenants shall be permitted unless specifically
approved by the Board of County Commissioners of Broward County, Florida (the BOARD), in
accordance with the procedures set forth below. If PROPERTY OWNER, its successors and
assigns wishes to modify or terminate these restrictive covenants, it shall be required to do the
following:
(a) PROPERTY OWNER must apply to the BOARD for an amendment to, or termination
of, these restrictive covenants.
(b) 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 of County
Commissioners of Broward County, Florida.
4. COVENANT RUNNING WITH THE LAND
This Declaration of Restrictive Covenants shall be recorded in the Public Records of Broward
County, Florida, and shall run with the PROPERTY described in Exhibit' A," and shall be binding on
all persons and entities acquiring title to or use of the PROPERTY.
5. ENFORCEMENT
Broward County, through its Board of County Commissioners, its successors and assigns, is the
beneficiary of these restrictive covenants and as such, Broward County may enforce these
restrictive covenants by action at lawor in equity against any person or persons, entity or entities,
violating or attempting to violate the terms of these Restrictions. Broward County shall provide
PROPERTY OWNER with a written notice of violations for any provision of this Declaration and
allow PROPERTY OWNER ninety (90) days to cure the violation. If PROPERTY OWNER fails to
remedy the default within the time frame set forth above, PROPERTY OWNER shall transfer fee
simple title of the PROPERTY to Broward County within sixty (60) days of the date of Broward
County requests transfer of the PROPERTY.
CAF#552
03/17/03 Revised 2
6. WAIVER
Any failure by Broward County to enforce these restrictive covenants shall not be deemed a waiver
of the right to do so thereafter.
7. INVALIDATION
Invalidation of any one of these restrictive covenants by judgment or court order shall in no way
affect any other conditions which remain in full force an effect.
8. EFFECTIVE DATE
The Declaration of Restrictive Covenants shall become effective upon recordation in the Public
Records of Broward County, Florida.
CAF#552
03/17/03 Revised 3
IN WITNESS WHEREOF, yAB42Z. has hereunto set its
authorized hand this _kZday of �C�r 20 `j�-,-tte y4 q) 1-4 &-a
WITNESSES:
U'
ATTEST:
City Clerk
(CORPORATE SEAL)
CAF#552
03/17/03 Revised
CITY OF TAMARAC
day of , 200,Y
By < . I''�K�r..�
dirty Manager
.. /� / ��.
APPROVED AS TO FORM:
By -
,i' City Attorney
day of 6 y 2
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Lot 15, Block 8, Lyons Commercial Subdivision according to the Plat thereof, as
recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida
CAF#552
03/17/03 Revised 5