HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-016Temporary Reso. 10008 — December 17, 2002
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2003 - 16
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO ENTER AN
INTERLOCAL AGREEMENT WITH BROWARD
COUNTY ACCEPTING A $2,000,000 GRANT AWARD
FOR THE ACQUISITION OF KINGS POINT REPLAT
PARCEL R (ALSO KNOWN AS TAMARAC
PRESERVATION PARK) AND ACCEPTING THE
CONCEPTUAL OPEN SPACE MANAGEMENT PLAN
INCLUDED IN THE AGREEMENT FOR THE
DEVELOPMENT OF TAMARAC PRESERVATION
PARK AND PROVIDING FOR THE INCLUSION OF
THE PROJECT IN THE CITY'S FIVE YEAR CAPITAL
IMPROVEMENT PROGRAM; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
DECLARATION OF RESTRICTIVE COVENANTS;
AUTHORIZING THE CITY CLERK TO RECORD THE
DECLARATION OF RESTRICTIVE COVENANTS IN
THE PUBLIC RECORDS OF BROWARD COUNTY;
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO AMEND THE GRANTS FUND BUDGET IN THE
AMOUNT OF $2,000,000 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
WHEREAS, the City Commission of the City of Tamarac approved via resolution
number R-2001-370 (hereto attached as Exhibit 1) authorizing an application in the
amount of $2,000,000 to the Broward County Land Preservation Program for the
acquisition of Kings Point Replat Parcel R, called Tamarac Preservation Park; and
Temporary Reso. 10008 — December 17, 2002
Page 2
WHEREAS, the City's application to the Broward County Land Preservation
Program for grant funding in the amount of $2,000,000 for the acquisition of Kings
Point Replat Parcel R (Tamarac Preservation Park) was approved for funding; and
WHEREAS, the City Manager and the Parks and Recreation Director
recommend executing an Interlocal Agreement (hereto attached as Exhibit 2) and
agreeing to the Conceptual Open Space Management Plan included in the agreement;
and
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 to execute an
Interlocal Agreement with Broward County (hereto attached as Exhibit 2) accepting
grant funding in the amount of $2,000,000 through the Land Preservation Program to
acquire Kings Point Replat Parcel R (Tamarac Preservation Park) and agree to the
Conceptual Open Space Management Plan included in the agreement 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.
1
Temporary Reso. 10008 — December 17, 2002
Page 3
Section 2: The appropriate City Officials are hereby authorized to execute the
Interlocal Agreement (hereto attached as Exhibit 2) between the City and Broward
County for grant funding in the amount of $2,000,000 for the acquisition of Kings Point
Replat Parcel R (Tamarac Preservation Park) and agree to the Conceptual Open
Space Management Plan included in the agreement to develop Tamarac Preservation
Park.
Section 3: The appropriate City officials are hereby authorized to execute the
Declaration of Restrictive Covenants (Exhibit D in the Interlocal Agreement hereto
attached as Exhibit 2).
Section 4: The City Clerk is authorized to record the Declaration of Restrictive
Convenants (Exhibit D in the Interlocal Agreement hereto attached as Exhibit 2) in the
Public Records of Broward County.
Section 5: The appropriate City Officials are hereby authorized to amend the
grants fund budget in the amount of $2,000,000 and appropriate said funds including
any and all subsequent budgetary transfers in accordance with proper accounting
procedures.
Section 6: All resolutions in conflict herewith are hereby repealed to the extent of
such conflict.
Section 7: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portion or applications of this
Resolution.
Temporary Reso. 10008 — December 17, 2002
Page 4
Section 8: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED AND APPROVED this 81h day of January, 2003.
ATTEST:
MARION SW ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
JOE SCHREIBER,
MAYOR
RECORD OF COMMISSION'
MAYOR SCHREIBER----�
DIST 1: V/M. PORTNER____�
DIST 2: COMM. MISHKIN _�
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS_
1
1
Exhibit 1
TR #10008
Temp. Reso #TR9631
December 3, 2001
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2001-370
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE TWO
APPLICATIONS FOR OPEN SPACE ACQUISITION TO THE
BROWARD COUNTY LAND PRESERVATION PROGRAM IN
THE AMOUNTS OF $2,000,000 EACH FOR FUNDING FOR
THE KINGS POINT REPLAT PARCEL R AND FOR THE
ISLAND PROPERTY (LYONS INDUSTRIAL PARK PARCEL
P); PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, it is the desire of the Commission of the City of Tamarac Florida to
preserve open space and to acquire additional park land for public use; and
WHEREAS, it is in the best interest of the citizens of Tamarac to protect
undeveloped land and open space for parks; and
I
WHEREAS, the Broward County Land Preservation Bond Program, approved by the
voters in November 2000, provides funding for the acquisition of land for open space and
parks; and
WHEREAS, the City of Tamarac is submitting two Open Space Acquisition
Applications to the Broward County Land Preservation Program, for the acquisition of Kings
Point Replat Parcel R and acquisition of the Island Property (Lyons. Industrial Park Parcel
P); and
WHEREAS, the City Commission of the City of Tamarac has an on -going program of
public participation through the activities of the Tamarac Parks and Recreation Board; and
WHEREAS, the Tamarac Parks and Recreation Board recommends the open space
acquisitions that will be accomplished if the grants are awarded to the City of Tamarac; and
Exhibit 1
TR# 10 0 0 8 Temp. Reso #TR9631
December 3, 2001
Page 2
WHEREAS, the City has provided multiple opportunities for public input including
both public meetings and public hearings in order to obtain and consider public input
regarding the acquisition of the Kings Point Replat Parcel R and the Island Property (Lyons
Industrial Park Parcel P); and
WHEREAS, the City Commission of the City of Tamarac, Florida is willing to partner
in the acquisition of the sites by sharing in the acquisition casts and is further willing to
manage the parcels if acquired as open space; and
WHEREAS, the City Manager and Director of Parks and Recreation recommend
submission of the two applications; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to enhance open
space, recreation and park opportunities for the citizens of the City of Tamarac through
submission of the Land Preservation Open Space Acquisition Applications, hereby attached
as Exhibit 1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA:
Se�tio,n 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 h6ti fby-aut orized-to-execute-twa
Land Preservation Program Open Space Acquisition Grant Applications requesting funding
in the amount of $2,000,000 per application from Broward County for acquisition of the
Kings Point Replat Parcel R and the Island Property (Lyons Industrial Park Parcel P)
Section 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Exhibit 1
TR# 10 0 0 8 Temp. Reso #TR9631
December 3, 2001
Page 3
Section 4: 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 5: This Resolution shall become effective immediately upon its adoption.
PASSED, ADOPTED, AND APPROVED this 12t" day of December, 2001.
ATTEST:
MARION SW ENSON, CMC
CITY CLERK
I HEREBY CERTIFY that I
have approved this
CITY ATT
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER ei
DIST 1: COMM. PORTNER &t �
DIST 2: COMM. MISHKIN A e,
DIST 3: V/M SULTANOF_Ay&
DIST 4: COMM. ROBERTS e'
Return recorded document to:
Document prepared by:
Land Preservation Section
Department of planning & Environmental
Protection
Broward County, Florida
INTERLOCAL AGREEMENT FOR THE
ACQUISITION, IMPROVEMENT, ENHANCEMENT,
OPERATION AND MANAGEMENT OF
CONSERVATION LAND, GREEN SPACE SITES
OR OPEN SPACE SITES
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,"
/_1ilk 191
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 orderto 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
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10/11 /02
WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest
on the Bonds is excluded from the gross income of Bondholders for federal income tax
purposes; and
WHEREAS, it is the purpose and intent of the parties to this Interlocal Agreement,
to permit COUNTY and CITY to make the most efficient use of their respective powers,
resources and capabilities by enabling them to cooperate on the basis of mutual advantage
and thereby accomplish the objectives provided for herein in the manner that will best
accord with the existing resources available to each of them and with the needs and
developments within their respective jurisdictions; and
WHEREAS, CITY and COUNTY desire to enter into a cooperative agreement
regarding the acquisition, preservation, 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,
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1.6 This Agreement will be effective upon execution by both parties.
1.7 Definitions - For the purposes of this Agreement and the various covenants,
conditions, terms and provisions which follow, the definitions and identifications set
forth below are assumed to be true and correct and are agreed upon by the parties.
"Bonds" shall mean the Broward County, Florida General Obligation Bonds issued
in one or more series pursuant to Resolution 2000-1062 and Resolution 2000-1063
adopted by the Board of County Commissioners of Broward County relative to parks
and/or conservation lands, green space and open space lands.
"Bond Restrictions" shall mean the terms, conditions, and limitations imposed by
any resolution adopted by the Board of County Commissioners of Broward County
authorizing the issuance of Bonds and the official statement and the terms,
conditions, and limitations contained in any contracts, covenants or instruments
executed in connection with the Bonds.
"Disallowable Activities" shall mean those activities and uses not consistent with the
Bond Restrictions or those activities or uses prohibited by those restrictive
covenants or conservation easements required by this Agreement orthose activities
or uses set forth within Article 5 of this Agreement.
ARTICLE 2
MANAGEMENT PLAN
If the Site is Conservation Lands or Green Space, a Conceptual Resource Management
Plan which broadly describes the proposed use of the Site and the manner in which the
CITY proposes to preserve and enhance the Site shall be attached as Exhibit "B." If the
Site is Open Space land, a Conceptual Open Space Park Management Plan which broadly
describes the proposed use of the Site as open space shall be attached as Exhibit "B."
ARTICLE 3
ACQUISITION BY CITY
OR TRANSFER OF TITLE
PLEASE CHECK THE APPROPRIATE SECTION BELOW.
[*A 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 a copy of the recorded deed for the Site which deed shall
include such covenants and restrictions as are sufficient to ensure that the
use of the Site at all times complies with the Bond Restrictions and shall
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contain clauses providing for the conveyance of title to the Site to Broward
County in the event of an uncured default by the CITY for failure to use the
Site acquired thereby for such purposes and a performance bond or letter of
credit acceptable to the COUNTY 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. If the deed does not contain the required clauses and restrictions
because the Site was acquired by CITY prior to CITY entering into this
Agreement, the Declaration of Restrictive Covenants or Conservation
Easement shall be recorded and provided to the COUNTY prior to the
COUNTY reimbursing the CITY. 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.
[ ] 3.1 COUNTY shall participate in the acquisition by paying to CITY at the time of
acquisition up to the grant amount of $2,000,000 approved by the Land
Preservation and Acquisition Advisory Board (LPAAB) and the Broward
County Commission. The deed shall include such covenants and restrictions
as are sufficient to ensure that the use of the Site at all times complies with
the Bond Restrictions and contains clauses providing for the conveyance of
title to the Site to Broward County in the event of an uncured default by the
CITY for failure to use the Site acquired thereby for such purposes. Thirty
(30) days prior to the date of the closing, CITY shall provide the COUNTY
with a performance bond or letter of credit acceptable to the COUNTY 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, and providing for public access.
[ ] 3.1 If the COUNTY has purchased the Site, COUNTY shall ensure that the deed
transferring title from the COUNTY to CITY shall contain such covenants and
restrictions as are sufficient to ensure that the use of the Site at all times
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complies with the Bond Restrictions and contains clauses providing for the
conveyance of title to the Site to Broward County in the event of an uncured
default by the CITY for failure to use the Site acquired thereby for such
purposes. The COUNTY shall not transfer title of the Site to the CITY until
such time as the CITY shall provide the COUNTY with a performance bond
or letter of credit acceptable to the COUNTY 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 Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, Florida 33321-2401
With a copy to the Tamarac City Attorney at the same address.
ARTICLE 4
GENERAL CONDITIONS
4.1 The amount of the performance bond, letter of creditor 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
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8, Default and Remedy provisions of this Agreement. CITY shall ensure that the
performance bond or letter of credit remains valid and in full force and effect until
CITY's obligation pursuant to the Conceptual and Final Resource or Open Space
Park Management Plan or Conservation Land Ecological Restoration Plan is
performed. Termination or expiration of the bond or letter of credit prior to CITY's
performance of such obligation, or notice to COUNTY that the bond or letter of
credit will expire or has been canceled or disaffirmed prior to CITY's satisfaction of
its obligations hereunder, shall constitute a default of this Agreement. If a resolution
is provided by the CITY, the removal of the obligations set forth in the Conceptual
and Final Resource or Open Space Park Management Plan or Conservation Land
Ecological Restoration Plan from the CITY's 5 Year Capital Improvements Program
before the obligations have been completed shall constitute a default of this
Agreement. In the event of such a default COUNTY shall be entitled to proceed
under the Article 8, Default and Remedies provisions of this Agreement.
4.2 Conservation Land and Green Space Sites: CITY agrees to record a Conservation
Easement in a form substantially similar to the form attached hereto as Exhibit "C"
limiting the use of the land and containing covenants and restrictions as are
sufficient to ensure that the use of the Site at all times complies with the Bond
Restrictions and providing for the conveyance of title to the Site to Broward County
upon failure of the CITY to use the Site in accordance with such restrictions. If the
deed does not contain the required clauses and restrictions because the Site was
acquired by CITY prior to CITY entering into this Agreement, the Conservation
Easement shall be recorded and provided to the COUNTY prior to the COUNTY
reimbursing the CITY. If the deed does contain the above clauses and restrictions,
the Declaration of Restrictive Covenants and Conservation Easement shall be
recorded and provided to the COUNTY within 90 days from the effective date of this
Agreement. The Declaration of Restrictive Covenants and Conservation Easement
shall provide for the preservation of the Site as conservation land or green space
and for recreational use in perpetuity.
4.3 Open Space Sites: CITY agrees to record a Declaration of Restrictive Covenants
in a form substantially similar to the form attached hereto as Exhibit "D" limiting the
use of the land and containing covenants and restrictions as are sufficient to ensure
that the use of the Site at all times complies with the Bond Restrictions and
providing for the conveyance of title to the Site to Broward County upon failure of
the CITY to use the Site in accordance with such restrictions. If the deed does not
contain the required clauses and restrictions because the Site was acquired by
CITY prior to CITY entering into this Agreement, the Declaration of Restrictive
Covenants shall be recorded and provided to the COUNTY prior to the COUNTY
reimbursing the CITY. If the deed does contain the above clauses and restrictions,
the Declaration of Restrictive Covenants shall be recorded and provided to the
COUNTY within 90 days from the effective date of this Agreement. The Declaration
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of Restrictive Covenants shall provide for the preservation of the Site as open
space and for recreational use in perpetuity.
4.4 Conservation Land and Green Space Sites:
4.4.1 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 forthe 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, asset forth in Broward County
Resolution No. 2000-1230.
4.4.2 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 orsite 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 $ 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.
4.5 Open-SpaceSites: CITY shall prepare a Final Open Space Park Management Plan
and submit it to the LPAAB for approval within one (1) year from the date of
reimbursement by COUNTY or within one (1) year of the closing if the COUNTY
contributed the grant amount at the time of acquisition. Upon approval by the
LPAAB, the Plan shall be filed with the COUNTY. The Final Open Space Park
Management Plan shall at a minimum set forth how the Site will be used by the
CITY, how much land is necessary to be paved for infrastructure and active
recreation, a requirement that native trees be used in landscaping, clearing of exotic
invasive species and the accessibility of the site to the general public. 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 forthe enhancement
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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.
4.6 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.
4.7 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.
4.8 Open Space Sites: CITY shall manage or cause the Site to be managed in
accordance with Resolution 2000-1230 adopted by the Board of County
Commissioners and the approved Final Open Space Park Management Plan. CITY
covenants that CITY will not commit waste to or on the Site, and CITY shall use due
care and diligence to prevent others from doing same. CITY covenants to keep and
maintain the Site in good order and condition and, furthermore, covenants that CITY
shall not commit a nuisance 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.
4.9 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.
4.10 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
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restrictive covenants. The approval of any development or environmental permits
by the COUNTY shall be in accordance with applicable laws and ordinances.
4.11 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.
4.12 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.
4.13 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.
4.14 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.
4.15 CITY agrees to initiate a land use plan map amendment amending the land use
designation of the Site to Recreation and Open Space use.
4.16 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.
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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 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 60 days written notice of any such activity or interest to COUNTY
prior to the activity taking place, and shall provide to COUNTY such information with
respect thereto as COUNTY reasonably requests in order to evaluate the legal and
tax consequences of such activity or interest.
5.2.1 A sale of the Site or lease of the Site to a non -governmental person or
organization.
5.2.2 The operation of a concession on the Site by a non -governmental person or
organization.
CAF#550
10/ 11 /02 10
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 maybe specified from time to time in writing
by COUNTY to CITY.
5.3 Delegations and contractual arrangements between CITY and other governmental
bodies, not -for -profit entities, or non -governmental persons for use or management
of the Site will in no way relieve CITY of the responsibility to ensure that the
conditions imposed herein on the Site as a result of utilizing Bond proceeds to
acquire the Site are fully complied with by the contracting party.
ARTICLE 6
IMPROVEMENT OPERATION
AND MANAGEMENT RESPONSIBILITIES
6.1 COUNTY and CITY agree that CITY shall be solely responsible for the
improvement, operation and management of the Site in accordance with the terms
of this Interlocal Agreement and the Final Resource or Open Space Park
Management Plan.
6.2 CITY agrees that the Site and all its facilities and amenities will be available to all
residents of Broward County for activities set forth within this Agreement and that
any entrance, user or other fees or conditions assessed by CITY will be identical for
all residents of Broward County.
6.3 COUNTY agrees to provide CITY with technical assistance in the implementation
of the Final Resource or Open Space Park Management Plan for the utilization of
the Site, if requested by CITY at no cost to CITY.
6.4 CITY agrees to provide access to COUNTY personnel to provide, if COUNTY so
desires, the public with nature interpretation programs.
CAF#550
10/11/02 11
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 is the recipient of a grant jointly with Broward County for this project, the
CITY, as manager of the site, shall be responsible for compliance with all
requirements of the grant agreement including, but not limited to, management plan
implementation, appropriate site management, site monitoring and preparation of
all reports required by the granting agency in compliance with the agency's time
frames as established in the management plan. The CITY shall submit a copy of the
annual Agency report to the COUNTY. If this report adequately provides the
requested information of Section 6.7 above, then the annual report submitted to the
Agency may replace the annual report required by the County.
ARTICLE 7
CONSTRUCTION OF ENHANCEMENTS
7.1 CITY agrees to include the following language in any contract it enters into with
selected contractor(s) [said contractor(s) referred to as "CONTRACTOR"] engaged
to complete any improvements contemplated by this Interlocal Agreement:
GENERAL INDEMNIFICATION: The Contractor shall indemnify, hold
harmless and, at County or Attorneys' option, defend or pay for an attorney
selected by County Attorney to defend COUNTY or by CITY Attorney to
defend CITY, its officers agents, servants, and employees against any and
all claims, losses, liabilities, and expenditures of any kind, including attorney
fees, court costs, and expenses, caused by negligent act or omission of
contractor or subcontractor, its employees, agents, servants, or officers, or
accruing, resulting from, or related to the subject matter of this Agreement
including, without limitation, any and all claims, demands, or causes of action
of any nature whatsoever resulting from injuries or damages sustained by
CAF#550
10/ 11 /02 12
any person or property. The provisions of this section shall survive the
expiration or earlier termination of this Agreement.
CONTRACTOR shall pay all claims, losses, liens, settlements or judgments
of any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees and costs.
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. This obligation shall
not be construed to negate, abridge, or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to any party described
in this paragraph and its subparts.
7.2 CITY agrees to include in its agreement with any successful contractor(s) the
requirement that the contractor(s) maintain at least the following insurance
requirements throughout the term of the Agreement and further agrees to provide
to COUNTY, prior to commencement of any improvements at the Site, Certificates
of Insurance evidencing the CONTRACTOR's compliance with the requirements of
this section:
INSURANCE REQUIREMENTS:
A. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for and maintain
in force until all of its work to be performed under this Interlocal
Agreement has been completed and accepted by CITY (for such
duration as is otherwise specified hereinafter), the insurance
coverages set forth herein:
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.
CAF#550
10/11 /02 13
2. Comprehensive General or Commercial Liability with minimum
limits of five hundred thousand Dollars ($500,000.00) per
occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a
form no more restrictive than the latest edition of the
Comprehensive General or Commercial Liability policy, without
restrictive endorsements, as filed by the Insurance Services
Office, and must include:
a. Premises and/or Operations.
b. Independent Contractors.
C. Products and/or Completed Operations.
d. Explosion, Collapse and Underground Coverages.
e. Broad Form Property Damage.
Broad Form Contractual Coverage applicable to this
specific Interlocal Agreement, including any hold
harmless and/or indemnification agreement.
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.
CAF#550
10/11 /02 14
b. Hired and Non -Owned Vehicles.
B. If the initial insurance expires prior to the completion of the work,
renewal copies of policies shall be furnished thirty (30) days prior to
the date of their expiration.
C. Notice of Cancellation and/or Restriction - The Certification of
Insurance will reflect thirty (30) days prior notice of cancellation and/or
restriction to the COUNTY and CITY.
D. The CONTRACTOR shall furnish to the CITY's Risk Management
Department Certificates of Insurance or endorsements evidencing the
insurance coverage specified above within fifteen (15) calendar days
after notification of award. The required Certificates of Insurance
shall name the types of policies provided, refer specifically to this
Interlocal Agreement and state that such insurance is as required by
this Interlocal Agreement.
E. CONTRACTOR shall not commence work under the Interlocal
Agreement until after it has obtained all the minimum insurance herein
described and the policies of such insurance detailing the provisions
of coverage have been received and approved by CITY.
CONTRACTOR shall not permit any subcontractor to begin work until
after similar minimum insurance to cover the subcontractor has been
obtained and approved.
7.3 CITY agrees that prior to commencement of any construction at the Site, CITY
through its contractor(s), shall deliver or cause to be delivered to COUNTY one or
more Payment and Performance Bond(s) ("Bond") forthe Project naming COUNTY
and CITY as dual obligees in said Bond; which Bond shall be in an amount at least
equal to one hundred percent (100%) of the contract price.
7.4 CITY shall ensure that all warranties and guarantees for any construction,
workmanship and/or materials and equipment constructed, installed and/or affixed
on the Site, shall run to both CITY and COUNTY.
ARTICLE 8
DEFAULT AND REMEDIES
8.1 COUNTY shall have the right at any time to inspect the Site described herein in
order to determine compliance with this Interlocal Agreement. In the event that
CITY is engaging in or allowing others to engage in Disallowable Activities on the
Site, CITY agrees to immediately cease or cause the cessation of the Disallowable
Activity upon receipt of written notice from the COUNTY. In the event that either
CAF#550
10/ 11 /02 15
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 with the
deed, 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 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.
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 orOpen 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 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,
CAF#550
10/11 /02 16
prohibition or mandamus to compel the other party to abide by the terms of this
Interlocal Agreement.
ARTICLE 9
INDEMNIFICATION
CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and COUNTY is a
political subdivision of the State of Florida. Each agrees to be fully responsible for acts and
omissions of their elected officials, agents or employees to the extent permitted by law.
Nothing herein is intended to serve as a waiver of sovereign immunity by any party to
which sovereign immunity may be applicable. Nothing herein shall be construed as
consent by a state agency or political subdivision of the State of Florida to be sued by third
parties in any matter arising out of this Agreement or any other contract.
ARTICLE 10
MISCELLANEOUS
10.1 Joint Preparation: The preparation of this Interlocal Agreement has been a joint
effort of the parties hereto and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against one of the parties than
the other.
10.2 Entire Agreement and Modification: This Interlocal Agreement incorporates,
supersedes and includes all prior negotiations, correspondence, conversations,
agreements or understanding applicable to the matter contained herein. It is further
agreed that no change, alteration or modification in the terms and conditions
contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
10.3 Records: In accordance with the Public Records Law, CITY agrees to permit
COUNTY to examine all records and grants COUNTY the right to audit any books,
documents and papers that were generated during the course of administration of
the Site. CITY shall maintain the records, books, documents 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.
CAF#550
10/11/02 17
10.6 Notices: Whenever either party desires to give notice unto the other, such notice
must be in writing, sent by certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified; and the
place for giving of notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For the present,
the parties designate the following as the respective places for giving of notice:
FOR COUNTY:
Director
Broward County Biological Resources Division
218 SW 1 st Avenue
Fort Lauderdale, Florida 33301
FOR CITY:
City Manager
City of Tamarac
7525 NW 881h Avenue
Tamarac Florida 33321-2401
With a copy to the Tamarac City Attorney at the same address.
10.7 Choice of Law; Waiver of Ju 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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
CAF#550
10/11/02 18
IN WITNESS WHEREOF, the parties have made and executed this Interlocal
Agreement on the respective dates under each signature: BROWARD COUNTY through
its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice
Chair, authorized to execute same by Board action on the day of ,
20 , and , signing by and through its
ATTEST:
, duly authorized to execute same.
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
County Administrator and By
Ex-Officio Clerk of
the Board of County
Commissioners of Broward
Chair
County, Florida day of , 20
Approved as to form by
Office of County Attorney
Broward County, Florida
EDWARD A. DION, County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
:n
Assistant County Attorney
CAF#550
10/11/02 19
INTERLOCAL AGREEMENT FOR ACQUISITION, IMPROVEMENT%ENHANCEMENT,
OPERATION AND MANAGEMENT BY CITY OF OPEN SPACE SITE OS-48.
CITY
WITNESSES:
ATTEST:
CITY dierk
(CORPORATE SEAL)
CAF#550
10/11 /02
• :►,u !
By
Mayor -Commissioner
day of - Ta n-W" , 20 .
By
CITY Manager
20
day ofLa.,0 o3 .
EXHIBIT "A"
LEGAL DESCRIPTION OF SITE
Parcel R, Kings Point Replat, as recorded in Plat Book 156, Page 3, of the Public
Records of Broward County, Florida (a/k/a King's Point Rockford Parcel,
approximately 15.1 acres)
CAF#550
10/11 /02 21
EXHIBIT "B"
CONCEPTUAL OPEN SPACE PARK MANAGEMENT PLAN
Between
BROWARD COUNTY
and the
CITY OF TAMARAC
for
IMPROVEMENT / ENHANCEMENT / OPERATION / MANAGEMENT BY THE
CITY OF TAMARAC OF THE OPEN SPACE SITE REFERRED TO AS
(OS-64) Tamarac Preservation Park
November 6, 2002
INTRODUCTION
Tamarac Preservation Park (OS-64) is a15.09-acre crescent -shaped parcel of cleared land
partially surrounding an existing sports park and abutting a canal in the City of Tamarac.
The land was previously cleared for development and there is no native vegetation. There
are no historical/architectural remains. The surrounding area is multi -family residential.
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 project consists of native plant landscaping, passive park development, water access
for recreation, and sports facilities.
III SITE DEVELOPMENT
The City shall provide the following improvements:
► Native plant landscaping on at least 25% of the site
► Fishing pier
► Paddling concession
► Picnic grounds
► Football/soccer field
► Roller hockey arena
► Multipurpose path around perimeter and shore of at least 1/4 mile
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.
2
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 Vegetation
The City, as manager of the site, shall be responsible for the removal of all invasive exotic
vegetation and the prevention of future growth and spread of such vegetation. Once the
site has been developed, the City shall ensure that invasive exotic vegetation does not
reestablish within the park.
Native Vegetation
Existing native vegetation shall be preserved and incorporated into the park landscape
design. The City shall landscape at least twenty-five percent (25%) of the site with native
species and maintain such species in a manner which ensures their viability. Xeriscape
design shall be used where appropriate. The location of this landscaping shall be
determined by the City and depicted in the final Open Space Park Management Plan,
which shall contain a list of the native species expected to be used in landscaping and a
map of the landscaped portions of the site. No plant species on the Exotic Pest Plant
Council's List of invasive Species (attached) shall be used in landscaping.
Illegal Dumping
Prior to site development, the City shall ensure that illegal dumping of waste does not
occur on the site and if such activity does occur it is the City's responsibility to remove and
properly dispose of such items. If hazardous materials are discovered on the site, the City
shall immediately notify the Broward County Department of Planning and Environmental
Protection.
Archaeological Features
Prior to commencement of any proposed development activities, measures shall be taken
to determine the presence of archaeological sites.
Public Access
Once the site has been fully developed, the City shall allow public access to the site during
hours of operation determined by the City.
Si na e
The City shall install a temporary sign, at the City's expense, the design and schematics
of which shall be provided by the County, in a highly visible area of the project site
recognizing the efforts of the Broward County Board of County Commissioners and funding
through the Safe Parks and Land Preservation Bond.
Upon completion of the project, the City shall construct and install a permanent sign, at the
City's expense, in accordance with the aforementioned standards.
V PRIORITY SCHEDULE
Within three (3) months of the transfer of funds from the County to the City, the City shall
perform the necessary site maintenance (i.e. mowing) to prevent the growth and spread
of exotic vegetation. This task shall be performed a minimum of four (4) times per year,
or as deemed necessary by the County, until the project is fully developed.
Within six (6) months of the transfer of funds from the County to the City, the City shall
install the temporary sign.
Within eighteen (18) months of the transfer of funds from the County to the City, the City
shall remove any existing waste from the site. The City shall ensure that future illegal
dumping of waste does not occur on the site through a monitoring and security program.
If such activity does occur, the City shall be responsible for removing and properly
disposing of such waste.
Within two (2) years of the transfer of funds from the County to the City, the City shall
integrate the major elements of the project into the City's five-year Capital Improvement
Plan. The major elements of the project that are to be integrated include, but are not
limited to, securing the site, removing invasive exotic plant species and landscaping with
native species, developing park infrastructures, removing existing waste and establishing
a timeline to provide public access These elements shall be completed on a schedule
outlined in the final Open Space Park Management Plan.
VI MONITORING
The County shall monitor the site for compliance with the provisions of the final Open
Space Park Management Plan for the period of five (5) years from the date of the mutual
acceptance of and approval of the final Open Space Park Management Plan. The City
shall allow County staff access onto the property during these visits.
al
EXHIBIT "C"
FORM CONSERVATION EASEMENT
Not Applicable
CAF#550
10/11 /02 23
FWAI ��
FORM DECLARATION OF RESTRICTIVE COVENANTS
CAF#550
10/11 /02 24
Return recorded document to:
Document prepared by:
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS, made this day of
, 2002, by (City/Town), 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 Conservation, Green Space and Open Space Land Acquisition Bond Program;
and
WHEREAS, the use of the PROPERTY shall be in accordance with the provisions
of the terms and conditions contained in the Broward County's Land Preservation Bond
Program, as set forth in Broward County Resolution No. 2000-1230 and the Interlocal
Agreement ( the AGREEMENT) entered into with Broward County for Acquisition,
Improvement/Enhancement, Operation and Management of Conservation Land, Green
Space and Open Space Sites approved by the Broward County Board of County
Commissioners on the day of , 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:
D-1
The recitals set forth above are true and correct and are incorporated into
these restrictive covenants.
2. RESTRICTIONS.
(a) The PROPERTY shall be preserved as open space and for recreational
use in perpetuity.
(b) Only buildings necessary for and ancillary to the open space and
recreational use shall be allowed.
(c)
(d)
(e) No use of the PROPERTY shall be allowed which is inconsistent with
the intent and purpose of this Declaration of Restrictive Covenants and the
AGREEMENT.
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. It shall be at the sole discretion of the BOARD whether to modify or terminate
these restrictive covenants.
4. COVENANT RUNNING WITH THE LAND,
This Declaration of Restrictive Covenants shall be recorded in the Public
Records of Broward County, Florida, and shall run with the PROPERTY described in
Exhibit "A", and shall be binding on all persons and entities acquiring title to or use of the
PROPERTY.
D-2
5. ENFORCEMENT,
Broward County, through its Board of County Commissioners, its successors and
assigns, is the beneficiary of these restrictive covenants and as such, Broward County may
enforce these restrictive covenants by action at law or in equity against any person or
persons, entity or entities, violating or attempting to violate the terms of these Restrictions.
Broward County shall provide PROPERTY OWNER with a written notice of violations for
any provision of this Declaration and allow PROPERTY OWNER ninety (90) days to cure
the violation. If PROPERTY OWNER fails to remedy the default within the time frame set
forth above, PROPERTY OWNER shall transfer fee simple title of the PROPERTY to
Broward County within 60 days of the date of Broward County requests transfer of the
PROPERTY.
6. WAIVER.
Any failure by Broward County to enforce these restrictive covenants shall not
be deemed a waiver of the right to do so thereafter.
7. INVALIDATION.
Invalidation of any one of these restrictive covenants by judgment or court
order shall in no way affect any other conditions which remain in full force an effect.
7. EFFECTIVE DATE.
The Declaration of Restrictive Covenants shall become effective upon
recordation in the Public Records of Broward County, Florida.
EXECUTED as of the day and year first above written.
D-3
WITNESSES:
ATTEST:
City Clerk
(CORPORATE SEAS.)
CITY OF /.�2. A
I >
By
_ av_x" ,L.L&Z
Mayor -Commissioner
b�
�d,� day of ' rtIJu dWO�.
By
ity Manager
ILA, day of 0d3 .
OVE S O FORM:
By 163
Cit A orney
D-4
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Parcel R, Kings Point Replat, as recorded in Plat Book
156, Page 3, of the Public Records of Broward County,
Florida (a/k/a King's Point Rockford Parcel, approximately
15.1 acres)
D-5