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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-159 (3)June 13, 2001 - Temp Reso #9338 1 Revision No. 1 - June 14, 2001 Revision No. 2 - June 20, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-159 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF TAMARAC AND INDUSTRIAL DEVELOPMENT COMPANY OF AMERICA, LLLP, APPROVING AN ENVIRONMENTAL MITIGATION PROGRAM AT THE MCNAB ROAD PARK PROPERTY IN EXCHANGE FOR THE PROVISION OF ALL PERMITTING, SURVEYING AND CONSTRUCTION AND PLANTING PLANS AND ACCEPTING COMPENSATION IN AN AMOUNT NOT LESS THAN $25,000.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ATTACHED JOINT FORM DEED OF CONSERVATION EASEMENT AND AGREEMENT; AUTHORIZING THE WAIVER OF ALL CITY PERMIT FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Industrial Development Company of America, LLLP owns a parcel of land within the Tamarac Commerce Park; and WHEREAS, the Developer is desirous of constructing an industrial building on said parcel ("Project"); and WHEREAS, the Project will impact wetlands under the regulatory jurisdiction of the Broward County Department of Planning and Environmental Protection ('DPEP") and South Florida Water Management District ("SFWMD"); and June 13, 2001 - Temp Reso #9338 2 Revision No. 1 - June 14, 2001 Revision No. 2 - June 20, 2001 WHEREAS, the developer is obligated by DPEP and SFWMD to undertake environmental mitigation activities for the impact of wetlands on the Project site; and WHEREAS, the City of Tamarac owns approximately 8.2 acres of property commonly known as McNab Road park property located at the corner of the Sawgrass Expressway and McNab Road located within the Tamarac Commerce Park; and WHEREAS, the City of Tamarac is desirous of having their parcel developed into a park commonly known as the McNab Road park property; and WHEREAS, the developer has requested permission to meet the obligations for environmental mitigation activities by creating a wetland mitigation area on a portion of the McNab Road park property; and WHEREAS, the developer has agreed to provide all permitting, surveying and construction and planting plans services at his expense; and WHEREAS, the developer has additionally agreed to compensate the City in an amount not less than $25,000,00 for the use of a portion of the Park as a mitigation area; and WHEREAS, the South Florida Water Management District (SFWMD) requests that in consideration of the consent granted to construct a wetland area at the McNab Road park property, the City agrees to grant and secure a perpetual conservation easement; and WHEREAS, the proposed work is to be performed on City property; and WHEREAS, historically permit fees are not collected for work performed on City June 13, 2001 - Temp Reso #9338 3 Revision No. 1 - June 14, 2001 Revision No. 2 - June 20, 2001 property; and WHEREAS, the Director of Community Development, Director of Parks and Recreation and the Director of Public Works have reviewed the Mitigation Plan and the Joint Form of Conservation Easement and Agreement and found them acceptable; and WHEREAS, the Director of Community Development, Director of Parks and Recreation and the Director of Public Works recommend approval of the Environmental Mitigation Agreement (Exhibit "I"), the Joint Form Deed of Conservation Easement and Agreement (Exhibit "2"), and the waiver of all City permit fees; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the request from Industrial Development Company of America, LLLP and to execute the Environmental Mitigation Agreement and to accept compensation for the use of a portion of the McNab Road park property as a wetland mitigation area. 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: That the City Commission hereby authorizes the appropriate June 13, 2001 - Temp Reso #9338 4 Revision No. 1 - June 14, 2001 Revision No. 2 - June 20, 2001 City Officials to approve and execute the Environmental Mitigation Agreement (attached hereto as Exhibit "1 "), accepting the provision of all permitting, surveying and planting plan services and compensation from Industrial Development Company of America, LLLP in an amount not less than $25,000.00 for the use of a portion of the McNab Road park property as a wetland mitigation area. SECTION 3: That the City Commission hereby authorizes the appropriate City Officials to execute a Joint Form Deed of Conservation Easement and Agreement (attached hereto as Exhibit "2") SECTION 4: That the City Commission authorizes the appropriate City Officials to waive all City permit fees in relation to the work performed by Industrial Development Company of America, LLLP to complete the scope of work outlined in the Environmental Mitigation Agreement. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. I. L u 11 June 13, 2001 - Temp Reso #9338 5 Revision No. 1 - June 14, 2001 Revision No. 2 - June 20, 2001 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27t" day of June, 2001. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this / REs6lUTION as to form. LTCHELL 9,JKRAFT CITY ATTORNEY com mdev\u:\pats\userdata\wpdata\res\9338reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN_ DIST 3: V/M SULTANOF DIST 4: COMM. ROBERT-S EXHIBIT ' 1" TEMP RESO #9338 AGREEMENT BETWEEN CITY OF TAMARAC AND INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP FOR ENVIRONMENTAL MITIGATION IN CITY OF TAMARAC PARK Word\PRJ Documents1160-3 Agreement With City of Tamarac 06/13/01 This Environmental Mitigation Agreement ("Agreement") dated this day of .I_U L , 2001 is entered into by the CITY OF TAMARAC, a Florida municipal corporation ("the City") and INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida Partnership, 4100 N. Powerline Road, Suite B-2, Pompano Beach, FL 33073 ("Developer"). WIT NESSETH: WHEREAS, Developer owns certain land in the City upon which Developer desires to construct industrial buildings ("Project"); and WHEREAS, the Project will impact wetlands under the regulatory jurisdiction of the Broward County Department of Planning & Environmental Protection ("DPEP") and South Florida Water Management District ("SFWMD"); and WHEREAS, Developer is obligated by DPEP and SFWMD to undertake environmental mitigation activities for the impact of wetlands on the Project site to fulfill SFWMD requirements and partially fulfill DPEP requirements; and WHEREAS, Developer is obligated by DPEP to undertake environmental mitigation activities in an off -site location to fulfill all of the mitigation requirements imposed by DPEP; and WHEREAS, the City owns and controls certain real property as described as a portion of Tract 16, Section 7, Township 49 South, Range 41 East, "Florida Fruit Lands Company's Subdivision No. 2", according to the Plat thereof, as recorded in Plat Book 1, at Page 102, of the Public Records of Palm Beach County, Florida, lying in the City of Tamarac, Broward County, Florida referred to as McNab Road Park Property ("Park"); and WHEREAS, the City and DPEP require approval of the Mitigation Plan described herein and the City agrees to allow Developer to take credit for 0.50 acres of the mitigation shown in the Mitigation Plan; and WHEREAS, the development of the Mitigation Plan shall be in accordance with the Specific Conditions of DPEP Environmental Resources File No. 00-17780; and WHEREAS, the City Staff has reviewed and recommends approval of the conceptual Mitigation Plan attached hereto as Exhibit "A" ("Mitigation Plan"); and NOW, THEREFORE, and in consideration of mutual terms, conditions, promises, covenants and hereafter set forth, City and Developer agree as follows: 1. Recitals. The above recitals are true and correct and are hereby incorporated herein. 2. City Consent. The City hereby grants its approval and consent to the Mitigation Plan. It is expressly understood by all parties that the City has only granted the Developer permissive rights and this Agreement shall not operate to create or vest any property rights in Developer. 3. Developer Duties. (a) Developer shall apply for and obtain conceptual Water Management Permit and Excavation Permits from DPEP and SFWMD in accordance with the Mitigation Plan and within the terms and conditions of this Agreement. In addition, the Developer shall apply for and obtain an Engineering Excavation Permit from the City of Tamarac for the excavation of the 570 foot canal and the construction of the 1.61 acre mitigation area. The City acknowledges that fees for the Engineering Excavation Permit have been provided for under separate Agreement and will not be Word\PRJ Documents\160-3 Agreement With City of Tamarac 06/13/01 2 submitted at the time the Permit is issued. No other Permits will be required by the City unless the scope of the Project within the context of this Agreement increases beyond the Engineering Excavation Permit limits. Actual construction of the canal and construction, maintenance and monitoring of the wetland mitigation area shall not be the responsibility of the Developer. (b) Developer shall prepare construction plans and planting plans for the 1.61 acre wetland mitigation area in accordance with reasonable standards established by the City and in conformance with the Mitigation Plan. (c) Developer shall prepare a legal description for the drainage canal right-of-way. (d) Developer shall deliver simultaneously upon execution of the Agreement $25,000.00 (twenty-five thousand) to be placed in a City account for the use of City Property, perpetual maintenance of the Park and the City of Tamarac Engineering Excavation Permit fee. (e) Developer shall prepare for execution by the City a Joint Form Deed of Conservation Easement, including a legal description of the 1.61 acre Mitigation Plan, granting and securing to DPEP, a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (2000). (f) Developer shall satisfy all fees associated with the permit process for the canal and mitigation construction. 4. Indemnification. Developer, by acceptance of this Agreement, covenants and agrees to investigate all claims related to the activities performed by Developer and to indemnify, protect and hold harmless, the City and its officers, agents and employees from any and all lawsuits, claims and actions arising out of this Agreement which are as a result of the negligent acts or omissions of the Developer. This provision is subject to the limitations of liability as provided in Section 768.28 of the Florida Statutes, and does not act as a waiver of the Developer's or City's entitlement to sovereign immunity as a matter of statutory and common law. 5. Notice of Failure to Comply. In the event that either party fails to perform any of the terms, conditions under this Agreement, the complaining party shall provide written notice requiring the satisfactory and immediate correction of such failure within thirty (30) days. The non - complaining party shall provide an answer to such notification within fifteen (15) days of the notice. If the non -complaining party fails to answer and/or fails to take reasonable steps toward a remedy of the failure, the complaining party shall have the right (but not the obligation) to have such failure remedied and any monies expended by the complaining part shall be the obligation of and shall be reimbursed by the non -complaining party. 6. Termination. Developer's obligations under terms of this Agreement shall be considered satisfied upon completion of the Mitigation Plan and acceptance by the permitting agencies at the end of the five (5) year monitoring period. 7. Acknowledgment. The City acknowledges that it has the perpetual responsibility for maintaining the Mitigation Area as permitted by DPEP File No. 00-17780. 8. Insurance Requirement. Any Professional Engineering firm retained by the Developer to design facilities that are to be constructed on City property shall be required to provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. Word\PRJ documents\160-3 Agreement With City of Tamarac 06/13/01 3 9. Contact Individual. The City shall designate an individual with whom Developer and its consultants can coordinate all activities and approvals required by this Agreement. Unless otherwise notified in writing, the individual shall be as follows: City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321-2401 10. Miscellaneous. A. Entire Agreement. This Agreement sets forth all of the promises, covenants, agreements, conditions and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements, or conditions, express or implied, oral or written, except as herein contained. B. Assignments; _Amendments. It is agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. C. Severability. The invalidity of any provision hereof shall in no way effect or invalidate the remainder of this Agreement. D. Notices. Any notice and other communications required or permitted to be given hereunder shall be in writing and transmitted by messenger, certified mail, or return receipt requested, to be delivered as follows: To the City: City Manager City of Tamarac 7525 NW 881h Avenue Tamarac, FL 33321-2401 Copy to: City Attorney City of Tamarac 7525 NW 881h Avenue Tamarac, FL 33321-2401 To Developer: Lee S. Lasser Industrial Development Co. of America, LLLP 4100 N. Powerline Road Suite B-2 Pompano Beach, FL 33073 Copy to: Peter D. Slavis Ruden, McClosky, et.al. 200 East Broward Boulevard Fort Lauderdale, FL 33301 E. Governing Law and Venue. This Agreement shall be construed in accordance with the laws of the State of Florida, and any proceeding arising between the parties in any matter pertaining to this Agreement shall, to the extent permitted by law, be held in Broward County, Florida. Word\PRJ Documents\160-3 Agreement With City of Tamarac 06/13/01 4 F. Binding Effect. This Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and assigns. G. Attorneys' Fees. Should either party hereto bring an action against the other to enforce the terms and provisions hereof, then the party prevailing in said action shall be entitled to a judgment against the other for his reasonable attorneys' fees and costs. Word\PRJ Documents\160-3 Agreement With City of Tamarac 06/13/01 J IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. ATTEST: By: City Clerk CORPORATE SEAL CITY OF TAMARAC CITY OF TAMARAC, a Florida municipal corporation By: -� Mayor Word\PRJ Documents\160-3 Agreement With City of Tamarac 06/13/01 6 Signed, sealed and delivered In the presence of: 107, Print Name: Print Name:/� a 0ff STATE OF FLORIDA ) ) SS: COUNTY OF ) INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida Partnership Print Name: Z.. eZ= Title: Address: L I D b &"X 11 t" 2 vio 130-a33023 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instru nt was acknowledged before me by L_eet 5. L the of INDUSTRIAL DEVELOPMENT CO. OF AMERICA, LLLP, a Florida Partnership, freely and voluntarily under authority duly vested in him/her by said corporation and the seal affixed thereto is the true corporate seal of said corporation. He/She is personally known to me or who has produced as identification. WITNESS my and and official seal in the County and State last aforesaid this 1_,1�7 day of 120 Notice Public Ann Mittelman : = MY COMMISSION # CC645639 BMW July 21, 2001 BONDED THRU TROY FAIN INSURANOR, IW' Typed, Printed or Stamped Name of Notary 1mle ff; My Commission Expires: Word\PRJ Documents\160-3 Agreement With City of Tamarac 06/13/01 7 Mc NAB RD. 569.91' PROPOSED CITY OF TAMARAC PARK TRACT 16 E NORTH NTS _ 7L1� w MdMI 14T. W w w w Wes' w w W 20' CANAL MAMT. ESNT. CANAL L♦_, — 570.00' SWIM, MITIGATI❑N SUMMARIES 1.11 AC - ARCH ALUMINUM 0.50 AC - McNAB BUSINESS PARK TOTAL AREAS 1.61 AC OF CREATED WETLANDS CL 0 Q n W '° W w .89 AC ❑F SHALLOW MARSH w w .57 AC OF TRANS. SLOPE .15 AC OF GAT❑R HOLE STAFF GAUGE EXHIBIT " A " Na I REMSM DATE ffy, 2 1 aARFY - AS AORMENT E10M 5mzm PRJ BROWARD 1 um"Tm 1/10/01 AS CITY ❑F TAMARAC PARK ANAMMU HILLIP R. JIMRUSTI PROJECT 87-1 287-1 OFF -SITE MITIGATION & ASSOCIATES, INC. Cam. NAME FOR: ECOLOGICAL ENGDaMM ARCH ALUM ARCH ALUMINUM WAREHOUSEFNVIRONNIMAL CONSULTANTS nx 0 RA Mir McNAB INDUSTRIAL PARK 12730 S.W. tM Court ATAMARAC, FL DAV¢• FIARIDA 33= 1/11/01 BROWARD COUNTY, 7-49-41 (954) 970-6870 1 SHEET 6 OF 8 Exhibit 11211 TEMP RESO #9338 JOINT FORM DEED OF CONSERVATION EASEMENT AND AGREEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this ,.92, day of ,OW, by ��lSra-5' /DcJ � AclC- , (address) 4,r�� _, ("Grantor") to the South horida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406, and to Broward County, a political subdivision of the State of Florida, its successors and assigns (collectively referred to as "Grantee"), whose post office is 115 South Andrews Avenue, Suite 423, Fort Lauderdale, Florida 33301. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Broward County, Florida, and more specifically described in Exhibit A, attached hereto and incorporated herein by reference and referred to herein as the "Property"; and WHEREAS, the Grantor desires to construct McNab Road Park Property ("Project") on the Property, which Project is subject to the regulatory jurisdiction of the South Florida Water Management District ("District") and the Broward County Department of Planning and Environmental Protection ("DPEP"); and WHEREAS, DPEP License No. ("DPEP License") and District -Permit No. ("District Permit") authorizes certain activities that may impact wetlands or may require the preservation of wetlands on the Project site; and WHEREAS, the Grantor has developed and proposed as part of the license and permit conditions a conservation tract, and buffers, as described in Exhibit B attached hereto and incorporated by reference ("Conservation Area"), involving creation, restoration, enhancement and/or preservation of the wetland and/or upland systems on the Conservation Area; and WHEREAS, the Grantor, in consideration of the consent granted by the DPEP License and District Permit, is agreeable to granting and securing to the Grantee a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (1999), as amended, over the Conservation Area. a:te-jnt.vrpd (Rev.03/00) page 1 of 8 NOW, THEREFORE, in consideration of the issuance of the DPEP License and District Permit, to construct and operate the permitted activity, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for the Grantee upon the Conservation Area which shall run with the property as described in Exhibits A and B, and be binding upon the Grantor, its heirs, successors or assigns (hereinafter "Grantor"), and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. It is the purpose of the Conservation Easement to retain land and/or water of the Conservation Area in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. It is the purpose and intent of this Conservation Easement to assure that the Conservation Area (with the exception of included wetlands which are to be enhanced, restored, or created as specified in the aforementioned DPEP License and District Permit) will be retained and maintained forever predominantly in the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement. The included wetlands which are to be enhanced, restored, or created shall be maintained forever by the Grantor, its heirs, successors, or assigns, in the enhanced, restored, or created conditions required by the DPEP License and District Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: (a) To enter upon the Conservation Area (Exhibit B) in a reasonable manner and at reasonable times with any necessary equipment or vehicles to ensure compliance and to enforce the rights herein granted, and to cross such portions of the Property (Exhibit A) as reasonably necessary to exercise such right. (b) To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity and/or use. Grantee shall be entitled to recover the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned DPEP License and District Permit, whichever enhancement is the most environmentally desirable to Grantee. These remedies are in addition to any other remedy, fine or penalty which may be applicable under Chapter 27, Broward County Code of Ordinances, Rule 40E-4, F.A.C., Chapter 373, Florida Statutes, or otherwise which may be available by law. 2. Except for the restoration, creation, enhancement, maintenance, and monitoring activities and other activities and improvements related to the Conservation Area that are permitted or required by the DPEP License and the District Permit, the following activities are prohibited in or on the Conservation Area, to wit: aN>-- Jnt.vvN (Rev. 03/00) page 2 of 8 (a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; (b) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; (c) Removal or destruction of trees, shrubs, or other vegetation, except for the removal of nuisance and exotic vegetation as approved by DPEP and District; (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; (e) Surface use except for purposes that permit the land or water area to remain in its natural condition; (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; including but not limited to ditching, diking and fencing; (g) Acts or uses detrimental to said aforementioned retention and maintenance of land or water areas; and (h) Acts or uses detrimental to the preservation of any features or aspects of the Conservation Area having historical, archeological or cultural significance. 3. Grantor reserves all rights as owner of the Conservation Area, including the right to engage in uses of the Conservation Area that are not prohibited herein and which are not inconsistent with the intent and purpose of this Conservation Easement, 4. No right of access by the general public to any portion of the Conservation Area is conveyed by this Conservation Easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep and maintenance of the Conservation Area. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Conservation Area. 7. The terms and conditions of this Conservation Easement may be enforced by the Grantee by injunctive relief and other available remedies. Any costs, including but not limited to reasonable attorney's fees and administrative, trial and appellate court costs which are incurred in enforcing, judicially or otherwise, the terms and restrictions of this Conservation Easement, shall be borne by and recoverable against the non -prevailing party in such proceedings. In any action in which the Grantee prevails, the Grantee shall be entitled to recover the cost of restoring the a:\Oe jnt.vvpd (Rev. 03100) Page 3 of 8 Conservation Area to the natural vegetative and hydrologic condition existing at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned DPEP License and District Permit. Venue for said actions shall be exclusively in the Seventeenth Judicial Circuit, in and for Broward County, Florida. These remedies are in addition to any other remedy, fine or penalty which may be applicable under Chapter 27 of the Broward County Code of Ordinances, Rule 40E-4, F.A.C., Chapter 373, Florida Statutes, or as otherwise provided by law. B. Enforcement of the terms and provisions of the Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement except to another organization qualified to hold such interests under the applicable state laws. 10. Grantor's obligation to retain and maintain the Conservation Area forever predominantly in the vegetative and hydrologic condition as herein specified shall run with the property described in Exhibits A and B, and shall be binding upon the Grantor, its heirs, successors or assigns and shall inure to the benefit of the Grantee, and its successors and assigns as more particularly set forth herein. The intent of this Conservation Easement is that the responsibilities and liabilities associated with the Conservation Easement shall run with the property described in Exhibits A and B, and be binding upon the fee simple title holder of the property as required hereunder. 11. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in - interest. 13. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns and successors -in -interest, which shall be filed in the Public Records of Broward County. a:te-jnt.wpd (Rev.03/00) page 4 of 8 TO HAVE AND TO HOLD unto Grantee, its successors and assigns forever. This Conservation Easement shall be recordbd' h: f'wPd1Yft'Records of Broward County and the covenants, terms, conditions, restrictions and purpose imposed with this Conservation Easement shall not only be binding upon Grantor, but also its agents, heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the property described in Exhibits A and B. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Conservation Area in fee simple; that the Conservation Area is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to this Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. (Intentionally left blank) a:+ce-jnt.wpd (Rev.03/00) Page 5 of 8 IN WITNESS WHEREOF, the CITY OF TAMARAC, through its authorized representative has made and executed the Agreement on the respective dates under each signature. ATTEST: By: Marion Swenso�nC, MC/, City Clerk Date: `c •�� l o STATE OF FLORIDA :SS COUNTY OF droWAAD CITY OF TAMARAC, FLORIDA By: ��- go—eSchreiber, Mayor Date. 40� By: r� L r•Gk- .1111f el Jeff y L. Miller, City Manager Date: �� o Approved as to form and legal Su ' ycy: Mitchell S. Kra ty ttorney I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared ,gyp€ ,SdtjAErd&X t TeEEF �*! L- ��of the City of Tamarac, a Florida Municipality, to me known to be the person(s) described herein and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this OFFICIAL NOTARY SEAL , JUNE A WHITE NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC775720 MY COMMISSION EXP. SEFr 15,2002 7 day of , 2001. NOT PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) (Personally known to me or ( ) Produced Identification Type of I.D. Produced ) DID take an. oath, or ( I DID NOT take an oath. a:\ce-jnt.wpd (Rev.03100) page 6 of 8 Mortgage Subordination By signing below mortgage holder agrees the lien of any mortgage on the real property described in Exhibit "A" and Exhibit "B" shall be subordinate to the subject conservation easement. Signed, sealed and delivered in our presence as witnesses: RV Print name: Rv Print name. MORTGAGEE n By: Print Name: Title: Address: (CORPORATE SEAL) day of (date) ACKNOWLEDGMENT - INDIVIDUAL STATE OF ) ) ss. COUNTY OF ) Banking Corporation The foregoing instrument was acknowledged before me this day of (date), by who is [ ]personally know to me, or [ ] produced identification. Type of identification produced NOTARY PUBLIC: (Seal) Print name: My commission expires: a:te-jnt.vvpd (Rev.03/00) Page 7 of 8 ACCEPTANCE BY BROWARD COUNTY The Broward County Board of County Commissioners hereby accepts this Conservation Easement for DPEP License No. ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS M Name day of 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 Name Assistant County Attorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT Legal Form approved Print Name Date a:rc Jntmpd (Rev. 03/00) Page 8 of 8 i0 o EXHIBIT "A" .00'SS I I I - I I ao NI I w I �n �I ^ ;,� r I a Lo o � 55.00' a I "E o 50O*25 4 ul ... 00'13'25" W 663.40' EAST RIGHT--OF-WAY LINE -- WG-BRA '-EXPRES ( O.R.B. 12196, PG. 380 a g I¢ w 3 II z z z SCALE I' - 150' ra �1 NORTH Now PARCEL "A " "TEE PLA T . No. 1 " P. 0. B. (151— 32) S 00'24 55 " E 662.83 N 00'0 06" W 0 14 a h h h h b y W b y O d 6 p G q O A g A Wci ai Li 4 0 N SHEET 1 OF 2 SHEETS File name: K.• � 074941 J UNABPARK. DWG LAND PLANNERS • ENGINEERS • LAND SURVEYORS (LBp87) 3240 CORPORATE MAY MIRAAlAR, FLORIDA 33025 TEL. NO.(854)435-701�ER X N0. 954)498-8288 ORDER NO. 183814-A PREPARED UN SION F� DATE: 05--01--01 � SEC'Y.--TREAS. THIS IS NOT A "LAND SURVEY" ALFONSO C. TELLO. P.L.S. N29'78 (STATE OF FLORIDA) LEGAL DESCRIPTION TO ACCOMPANY SKETCH EXHIBIT "A" LEGAL DESCRIPTION' PORTION OF TRACT 16, SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO 2" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, fLOR10A AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' BEGIN AT THE NORTHWESTERL Y CORNER OF PARCEL A , 'TEE PLAT NO. 1 , ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 151, AT PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIOA (SAID POINT OF BEGINNING BEING 55.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF SAID SECTION 7), THENCE RUN SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST, ALONG THE WESTERLY BOUNDARY OF SAID PARCEL "A ", ALSO BEING THE EASTERLY BOUNDARY OF THE AFOREMENTIONED TRACT 16, FOR 607 83 FEET,• THENCE SOUTH 89 DEGREES 29 MINUTES 53 SECONDS WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 16, FOR 572.21 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 25 SECONDS WEST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF THE SAWGRASS EXPRESSWAY, AS RECORDED IN OFFICIAL RECORDS BOOK 12196, AT PAGE 380 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR 648.40 FEET; THENCE NORTH 89 DEGREES 33 MINUTES 15 SECONDS EAST, ALONG A LINE PARALLEL WITH AND 15.00 FEET SOUTH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF SAID SECTION 7, FOR 570.04 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID TRACT 16, DOR 40.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 8.4975 ACRES, MORE OR LESS. NOTES: BEARINGS SHOWN HEREON REFER TO AN ASSUMED N89'3Y15"E, ALONG THE NORTH LINE OF THE NORTHWEST 114 OF SECTION 7, TOWNSHIP 49 SOUTH, RANGE- 41 EAST. SHEET 2 OF 2 SHEETS File name: K.• � 074941 � MNABPARK. DWG 45- -Z7P=9:. ,LAND PLANNERS • ENGINEERS • LAND SURVEYORS (LBy87) 1240 CORPORATE NAY MIRAMAR, FLORIDA 33025 TEL. NO.(954)435-70 f 0 FAX NO. (954)438-3288 ORDER NO. 183814-A J DATE: 05-01-01 THIS IS NOT A "LAND SURVEY" PREPARED U,PERVISION \�� SEC'Y.-TREAS. ALFONSO C. TELLO, P.L.S. #2978 (STATE OF FLORIDA) I 0 Q�. I I V I r ` V 0 n 55.00'I N n rl 6> co z —I 15.00 11 61 M SCALE 1" — 160' ra99ED NORTH N. E O co ui 0 V1 M1 S00'24'55"E 662.83' 537.83' S 00'4. 4'55 w O v n N i 648.40' NOD' 13'25 "W 663.40' w N o EASTERLY RIGHT--OF-WAY LINE �iDo I---15.00, N N z Q0 ( O.R.B. 12196, PG. 380) z y 0703 EXHIBIT "B" � y w w w 0 ON 0 4 �H h {O Q o b h h C � C q 4 Q C C C z 40 C7 0 � RL' Li ai N I I O O 40 h ti � (1 4J W 2 REVISED: 5-31-01 (CHANGED WORD EASEMENT TO AREA) SHEET 1 OF 2 SHEETS File name: K.- 10749411 MNABPARK. DWC LAND PLANNERS • ENGINEERS + LAND SURVEYORS (LA#87) 3240 CORPORATE NAY MIRAMAR, FLORIDA 33025 TEL. NO.(954)435-7010 FAX NO. (954)438-3288 ORDER NO. 183814-D PREPARED UNDER BY SUPERVISION DATE: 05-01-01 SEC Y.-TREAS. THIS IS NOT A "LAND SURVEY" ALFONSO C. TELLO, A.L.S. N2978 (STATE OF FLORIDA) LEGAL DESCRIPTION TO ACCOMPANY SKETCH EXHIBIT "B" ( CONSERVATION AREA LEGAL DESCRIPTION - PORTION OF TRACT 16, SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, "FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 20, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWESTERL Y CORNER OF PARCEL "l , -TEE PLAT NO. 1 ", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 151, AT PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (SAID POINT OF COMMENCEMENT BEING 55.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF SAID SECTION 7), THENCE RUN SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST ALONG THE WESTERLY BOUNDARY OF SAID PARCEL A , ALSO BEING THE EASTERLY BOUNDARY OF THE AFOREMENTIONED TRACT 16, FOR 537.83 FEET• THENCE SOUTH 89 DECREES 29 MINUTES 53 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 50.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTHERLY BOUNDARY OF SAID TRACT 16, FOR 35.00 FEET, TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE SOUTH 89 DEGREES 29 MINUTES 53 SECONDS WEST, ALONG THE LAST DESCRIBED COURSE, FOR 501.97 FEET; THENCE NORTH 29 DEGREES 20 MINUTES 27 SECONDS &4ST FOR 20140 FEET; THENCE NORTH 89 DEGREES 29 MINUTES 53 SECONDS EAST, FOR 237.40 FEET- THENCE SOUTH 55 DEGREES 02 MINUTES 20 SECONDS EAST, FOR 200.67 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST, FOR 60.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 1.61 ACRES, MORE OR LESS. NOTES: BEARINGS SHOWN HEREON REFER TO AN ASSUMED N8933'15 "E, ALONG THE NORTH LINE OF THE NORTHWEST 114 OF SECTION 7, TOWNSHIP 49 SOUTH, RANG£ 41 EAST. REVISED: 5-31-01 (CHANGED WORD EASEMENT TO AREA) 4. SHEET 2 OF 2 SHEETS File name: K.• � 074941 � MNABPARK. DWG LAND PLANNERS • ENCINNERS • LAND SURVEYORS (LB#87) 3240 CORPORATE WAY MIRAMAR, FLORIDA 33025 TEL. NO.(954)435-70 f 0 FAX NO. (954)438--3288 ORDER NO. 183814-D PREPARED UNDER BY SUPERVISION DATE: 05-01-01 SEC'Y.-TREAS. THIS IS NOT A "LAND SURVEY" ALFONSO C. TELLO. P.. . 2978 (STATE OF FLORIDA) �ity of Tamarac r_-I `Ccrramitted to -x�.ailence,,. Xwro ys 'G-nn </ ,0406 Certified Mail No. 7002 3150 0003 8580 9580 October 9, 2006 Ms. Linda Sunderland, NRS II Wetlands Resources Section Broward County Commission 218 S.W. 1st Avenue Fort Lauderdale, Florida 33301 Re: Conservation Easement Project McNab Road Park Property 1.61 acre mitigation area Environmental Resource License No, DF01-1085 Dear Ms. Sunderland: I have enclosed the following documents for your execution. (a) Two (2) Original Joint Deed and Conservation Easement and Agreement (b) One (1) certified Exhibit "A" (c) One (1) certified Exhibit "B" (d) One Title of Opinion Upon receiving the above listed documents and executing both Agreements, I would appreciate your sending to my attention one fully executed document for our records. Please feel free to contact me at (954) 597-3734 if you have any questions. Sincerely, Jack Strain Director of Public Works Enclosure Copy: Diane Phillips, Assistant City Manager Marion Swenson, City Clerk w/o Administration (954) 597-3707 ■ Operations (954) 597-3700 ■ Engineering (954) 597-3772 6011 Nob Hill Road 3 Tamarac, Florida 33321-6200 ,m Fax (954) 597 3710 - www.tamarac.or0 Equal Opportunity Employer Document prepared bye Return recorded document to: Environmental Protection Department Biological Resources Division 115 S Andrews Ave., Room A-240 Fort Lauderdale, FL 33301 JOINT DEED OF CONSERVATION EASEMENT AND AGREEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this 25thday of September , 2006 by Cit o Tamarac 7525 NW 88th Avenue, Tamarac, Florida 33321 (address) ("Grantor") to the South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406, and Broward County, a political subdivision of the state of Florida, their successors and assigns (collectively referred to as "Grantees"), whose post office is 115 South Andrews Avenue, Suite 423, Fort Lauderdale, Florida 33301. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Broward County, Florida, and more specifically described in Exhibit A, attached hereto and incorporated herein by reference and referred to herein as the "Property"; and WHEREAS, the Grantor desires to construct (name of project) McNab Road Park Property 1.61 Acre Miti.aatior-_ ("Project") on the Property, which Project is subject to regulatory jurisdiction of the South Florida Water Management District ("District") and the Broward County Environmental Protection Department ("EPD"); and WHEREAS, EPD License No. DF01-1085 _ ("EPD License") as may be modified or reissued and District Permit No. 06-03461--P ("District Permit") as may be modified authorizes certain activities that may impact wetlands or may require the preservation of wetlands on the Project site; and WHEREAS, the Grantor has developed and proposed as part of the license and permit conditions a conservation tract, and buffers, as described in Exhibit B attached hereto and incorporated by reference, involving creation, restoration, enhancement and/or preservation of the wetland and/or upland systems ("Conservation Area"); and WHEREAS, the Grantor, in consideration of the consent granted by the EPD License and District Permit, is agreeable to granting and securing to the Grantees a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (2003), as amended, over the Conservation Area. NOW, THEREFORE, in consideration of the issuance of the EPD License and District Permit, to construct and operate the permitted activity, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for the Grantees upon the Conservation Area which shall run with the property as described in Exhibits A and B, and be binding upon the Grantor, its heirs, successors or assigns (hereinafter "Grantor"), and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. It is the purpose of the Conservation Easement to retain land and/or water of the Conservation Area in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. It is the purpose and intent of this Conservation Easement to assure that the Conservation Area will be retained and maintained forever predominantly in the vegetative and hydrologic condition as specified in the EPD License and District Permit. The Conservation Area shall be maintained forever by the Grantor, its heirs, .successors, or assigns, in the enhanced, restored, preserved and/or created conditions required by the EPD License and District Permit. To carry out this purpose, the following rights are conveyed to Grantees by this easement: (a) To enter upon the Conservation Area (Exhibit B) in a reasonable manner and at reasonable times with any necessary equipment or vehicles to ensure compliance and to enforce the rights herein granted, and to cross such portions of the Property (Exhibit A) as reasonably necessary to exercise such right. (b) To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity and/or use. Grantees shall be entitled to recover the cost of restoring the land to the natural vegetative, hydrologic, scenic, open, agricultural or wooded condition existing at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned EPD License and District Permit, whichever enhancement is the most environmentally desirable to Grantees. These remedies are in addition to any other remedy, fine or penalty which may be applicable under the most recent versions of Chapter 27, Broward County Code of Ordinances, Chapter 40E-4, F.A.C., et. seq., Chapter 373, Florida Statutes, or otherwise which may be available by law. 2. Except for the restoration, creation, enhancement, maintenance, and monitoring activities and other activities and improvements related to the Conservation Area Page 2 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office that are permitted or required by the EPD License and the District Permit, the following activities are prohibited in or on the Conservation Area, to wit: (a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; (b) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; (c) Removal or destruction of trees, shrubs, or other vegetation, except for the removal of nuisance and exotic vegetation as approved by EPD and District; (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; (e) Surface use except for purposes that permit the land or water area to remain in its vegetative and hydrologic condition as specified in the EPD License and District Permit; (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; including but not limited to ditching, diking, and fencing; (g) Acts or uses detrimental to said aforementioned retention and maintenance of land or water areas; and (h) Acts or uses detrimental to the preservation of any features or aspects of the Conservation Area having historical, archeological or cultural significance. 3. Grantor reserves all rights as owner of the Conservation Area, including the right to engage in uses of the Conservation Area that are not prohibited herein and which are not inconsistent with the intent and purpose of this Conservation Easement. 4. No right of access by the general public to any portion of the Conservation Area is conveyed by this Conservation Easement. 5. Grantees shall not be responsible for any costs or liabilities related to the operation, upkeep, and maintenance of the Conservation Area and Grantor does hereby indemnify and hold harmless the Grantees from the same. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Conservation Area. Page 3 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office 7. The terms and conditions of this Conservation Easement may be enforced by the Grantees by injunctive relief and other available remedies. In any action in which the Grantees prevail, the Grantees shall be entitled to recover the cost of restoring the Conservation Area to the natural vegetative, hydrologic, scenic, open, agricultural or wooded condition existing at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned EPD License and District Permit. Venue for said actions shall be exclusively in the Seventeenth Judicial Circuit, in and for Broward County, Florida. These remedies are in addition to any other remedy, fine or penalty which may be applicable under the most recent versions of Chapter 27 of the Broward County Code of Ordinances, Chapter 40E-4, F.A.C., et. seq., Chapter 373, Florida Statutes, or as otherwise provided by law. 8. Enforcement of the terms and provisions of the Conservation Easement shall be at the reasonable discretion of Grantees, and any forbearance on behalf of Grantees to exercise their rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. 9. Grantees will hold this Conservation Easement exclusively for conservation purposes. Grantees will not assign their rights and obligations under this Conservation Easement except to another organization qualified to hold such interests under the applicable state laws. 10. Grantor agrees to restore the Conservation Area to the vegetative and hydrologic condition required by the aforementioned EPD License and District Permit if any third party exercises any easement right or property interest or conducts any other activity on the property that causes damage, degradation or negative impacts to the Conservation Area. 11. Grantor's obligation to retain and maintain the Conservation Area forever predominantly in the vegetative and hydrologic condition as herein specified shall run with the property described in Exhibits A and B, and shall be binding upon the Grantor, its heirs, successors or assigns and shall inure to the benefit of the Grantees, and their successors and assigns as more particularly set forth herein. The intent of this Conservation Easement is that the responsibilities and liabilities associated with the Conservation Easement shall run with the property described in Exhibits A and B, and be binding upon the fee simple title holder of the property as required hereunder. 12. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. Page 4 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office 13. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in - interest. 14. The terms, conditions, restrictions and purpose of this Conservation Easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property described in Exhibit A or B. Any future holder of the Grantor's interest in the property described in Exhibit A or B shall be notified in writing by Grantor of this Conservation Easement. 15. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns and successors -in -interest, which shall be filed in the Public Records of Broward County. TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever. This Conservation Easement shall be recorded in the Public Records of Broward County and the covenants, terms, conditions, restrictions and purpose imposed with this Conservation Easement shall not only be binding upon Grantor, but also its agents, heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the property described in Exhibits A and B. Grantor hereby covenants with said Grantees that Grantor is lawfully seized of said Conservation Area in fee simple; that the Conservation Area is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to this Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. (INTENTIONALLY LEFT BLANK) Page 5 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office IN WITNESS WHEREOF the CITY OF TAMARAC through its authorized 1 representative has made and executed the Agreement on the respective dates under each signature. ATTEST: By: Marion Swenson, CIVIC, City Clerk CITY OF TAMARAC, FLORIDA By: Beth Flansbaum-Talabisco, Mayor Jeffr iller, City Manager Date: Date:_Approved as to form and legal Sufficiency: _.. ._.`mow.. k.. ._., �..'a_n ;:�� -; ✓ --_ 4. '� ,r.. __,..." Samuel S. Goren, City Attorney STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared il, ti, )Qo,,obc n and Jef- n L R)Me.(of the City of Tamarac, a Florida Municipality, to me known to be the per�n(s) described herein and who executed the foregoing instrument and acknowledged before me that he/she executed the same. :41-r� WITNESS my hand and official seal this •5 f6 day of CC- ";be(2006. C;�u.oit' J C-�.Dj tom: NO1ARY PUBLIC, State df Florida at Larg �.r. me'10n $"Phos My Commission DD28UM 'Far .. Expires october 24, 2Wi (Name of Notary Public: Print, Stamp, or Type as Commissioned) (personally known to me or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or (4DID NOT take an oath. Page 6 of 9 IN WITNESS WHEREOF, — hereunto set its authorized hand this has day of OWNER - CORPORATION/PARTNERSHIP Witnesses (if partnership) (Signature) Print Name (Signature) Print Name ATTEST (if corporation) WE Name of Owner (corporation/partnership) By (Signature) Print Name: Title Address day of _ , 20 --_-_-. (CORPORATE SEAL) Corporate Secretary Signature Print Name of Corporate Secretary ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP STATE OF FLORIDA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this 20 , by as of _ , a corporation/partnership, on behalf of the corporation/partnership [ ] personally known to me, or [ ] produced identification. Type of identification produced CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office He or she is: day of NOTARY PUBLIC -STATE OF FLORIDA: Signature of Notary Public -State of Florida Print, type, or stamp Commissioned Name My commission expires: Affix Seal Below Page 7 of 9 Mortgage Subordination By signing below mortgage holder agrees the lien of any mortgage on the real property described in Exhibit "A" and Exhibit "B" shall be subordinate to the subject conservation easement. Witnesses (if partnership) (Signature) Print Name (Signature) Print Name ATTEST (if corporation) MORTGAGEE Name of Mortgagee (corporation/partnership) By (Signature) Print Name: Title Address day of , 20 (CORPORATE SEAL) Corporate Secretary Signature Print Name of Corporate Secretary ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP STATE OF FLORIDA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this , 20 , by __—as of a corporation/partnership, on behalf of the corporation/partnership [ ] personally known to me, or [ ] produced identification. Type of identification produced He or she is: day of NOTARY PUBLIC -STATE OF FLORIDA: Signature of Notary Public -State of Florida Print, type, or stamp Commissioned Name My commission expires: Affix Seal Below Page 8 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office ACCEPTANCE BY BROWARD COUNTY The Broward County Board of County Commissioners hereby accepts this Conservation Easement for EPD License No. ATTEST; BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida day of Mayor , 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 Assistant County Attorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT Legal Form Approved Print Name Date Page 9 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office 'o ,00'SS SCALE 1 150' INORTH I _I 1 m 1 N w I PARCEL "A " 1 0 ® "TEE PLAT . No. I" m 55.00, (/ ) 70"2 ' 5"El P' O. R S 00'2455" E 662.83' nmJ U IL N S] I Li P Q ¢ I 0 - un N 00' i J 75 W 663.40' q EAST RIGHT-OF-WAY UN£ Q �h w WGGRA�' -EPRR�' h ( O.N,H, 12196, PG. J60 ) x $ Q o 4j 4 1�l1 } 3 i 2 N 00'05 06 W w EXHIBIT "A" q C o I U p C C C C Ll x a (> W ud ri ti a 4 4 4 4 N h r m i SHEET J OF 2 SHEETS File name: K.• ti 074941 J MNARPARKDWC LAND PLANNERS • ENGINEERS • LAND SURVEYORS (LBM87) 3240 CORPORATE MAY A/IRAA(AR, FLORIDA 35025 TEL. NO.(854)435-7010 FAX NO. 954)498 3Y88 ORDER NO. 183814-A PREPARED UN ERVISION DATE: 05-01-01 SEC'Y.-•TREAS. THIS IS NOT A "LAND SURVEY" ALFONSO C. TELLO, P.L.S. # 0 (STATE OF FLORIDA) w�. r.. U ie _C)0 CDLL N. a iR O Ja N o 3 0 :cI w w o LEGAL DESCRIPTION TO ACCOMPANY SKETCH EXHIBIT "A" LEGAL DESCRIPTION.' PORTION OF TRACT 16, SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST FLORIDA FRUIT LANDS COMPANY'S SUBOMSION N0. 2", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, AT PACE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, fLORIDA, LYING IN THE CITY Of TAMARAC, BROWARD COUNTY, FLORI AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWESTERLY CORNER OF PARCEL "4 , rEE PLAT N0. 1; ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 151, AT PAGE J2, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (SAID POINT OF BEGINNING BEING 55.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF SAID SECTION 7); THENCE RUN SOUTH 00 DECREES 24 MINUTES 55 SECONDS EAST ALONG THE WFSTERLY BOUNDARY OF SAID PARCEL i1 , ALSO BEING THE EASTERLY BOUNDARY OF THE AFOREMENTIONED TRACT 16, FOR 6D , FEET,' THENCE SOUTH 89 DECREES 29 MINUTES 51 SECONDS WEST, ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT 16, FOR 572.21 FEET THENCE NORTH 00 DEGREES 1J MINUTES 25 SECONDS WEST ALONG THE EASTERLY RICHT-OF-WAY LINE OF THE SAWCRASS EXPRESSWAY, AS RECORDED IN OFFICAL RECORDS BOOK 12196, AT PACE 380 OF THE PUBLIC RECORDS Of BROWARD COUNTY, FLORIDA, FOR 648.40 FEET" THENCE NORTH 89 DEGREES JJ MINUTES 15 SECONDS EAST ALONG A LINE PARALLEL WITH AND 15.00 FEET SOUTH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 114 OF SAID SECTION 7, FOR 570.04 FEET; THENCE SOUTH 00 DECREES 24 MINUTES 55 SECONDS EAST, ALONG THE EASTERLY BOUNDARY LINE OF SAID TRACT 15,, DOR 40.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 8.4975 ACRES, MORE OR LESS. ,l. NOTES: BEARINCS SHOWN HEREON REFER TO AN ASSUMED N89UP5 r, ALONG THE NORTH LINE Of THE NORTHWEST 114 OF SECTION 7, TOWNSHIP 49 SOUTH, RANCE•41 EASC SHEET 2 OF 2 SHEETS File name: K: W74941 WNABPARK.DWC LAND PLANNERS • ENGINEERS • LAND .SURVEYORS (LB#87) 7240 CORPORATE WAY MIRAMAR, FLORIDA 330.25 TEL. NO.(954)435-7010 FAX NO. (854)438-3288 ORDER NO, 1B3814-A PREPARED U PERVISION r DATE: 05-01-01 SEC"Y.-TREAS. THIS IS NOT A "LAND SURVEY" ALFONSO C_ TELLO, P.L.S. NZ876 (SPATE OF FLORIDA) SCALK 1 ' - 160' NORTH SOW24'55"E 662.83' 537.83' 0 p o �n w N � . r ao 6� P z \ rr Q� 5 '55 648,40' NOD' 1 J'25 "W 663.40' N w o EASTERLY RIGHT -OF --WAY LINE in —15.00' Cb z ( O.R.B. 12196, PG. 380) z EXHIBIT "B" QL cc ya C� :th W w i �a n a1 x y ppti 4 q 4 q G C w41c i ai �l UU t3 01 A-WG� �_QQ VV D V II g o W w d 3 REVISED: 5-JI -01 (CHANGED WORD EASEMENT TO AREA) SHf-ET 1 OF 2 SHEETS File name: K: 074941 `AINARPARK. DN LAND PLANNERS • ENGINEERS + LAND SURVEYORS (L,8N87) 3240 CORPORATE WAY MIRAMAR. FLORIDA 33025 TEL. NO.(954)455-7010 FAX NO. (964)488-8281 ORDER NO. 183014-D PREPARED UNDER BY SUPERVISION DATE: 05--01-01 ,_.,.,.....,_ ._ SEC'Y.-TREAS THIS IS NOT A "LAND SURVEY" A1,FONSO C. TELLO, A.L.S. N2978 (STATE OF FLORIDA) LEGAL DESCRIPTION TO ACCOMPANY SKETCH EXHIBIT "B" CONSERVATION AREA LEGAL DESCRIPTION - PORTION OF TRACT 16, SECTION 7, TOWNSHIP 49 SOUTH, RANGE 41 EAST, 71ORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1; Al PAGE 102, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORID4 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCE AT THE NORTHWESTERLY CORNER OF PARCEL "A , 7EE PLAT NO. 1 w ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 151, AT PAGE 32, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (SAID POINT OF COMMENCEMENT BEING 55.00 FEET SOUTH OF AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHWEST 1, OF SAID SECTION 7), THENCE RUN SOUTH 00 DEGREES 24 MINUTES 55 SECONDS £AST, ALONG THE WESTERLY BOUNDARY G SAID PARCEL A: ALSO BEING THE EASTERLY BOUNDARY OF THE AFOREMENTIONED TRACT 16, FOR 537.83 FEET• THENCE SOUTH 89 DEGREES 29 MINUTES 53 SECONDS WEST, ALONG A LINE PARALLEL WITH AND 50.00 FEET NORTH OF, AS MEAS0 AT RIGHT ANGLES TO, THE SOUTHERLY BOUNDARY OF SAID TRACT 16, FOR 35.00 FEET, TO THE POINT OF BEGINNING OF TH, FOLLOWING DESCRIBED PARCEL; THENCE CONTINUE SOUTH 89 DECREES 29 MINUTES 53 SECONDS WEST, ALONG INC LAST DESCRIBED COURSE, FOR 501.97 FEET, THENCE NORTH 29 DECREES 20 MINUTES 27 SECONDS BAST FOR 203 40 FEET,• THL NORTH 89 DEGREES 29 MINUTES 53 SECONDS EAST, FOR 237.40 FEET; THENCE SOUTH 55 DEGREES 02 MINUTES 20 SECON EAST, FOR 200.67 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 55 SECONDS EAST, FOR 60.00 FEET, TO THE POINT OF BEGINNING. CONTAINING 1.61 ACRES, MORE OR LESS NOTES: BEARINGS SHOWN HEREON REFER TO AN ASSUMED N89'33'15 "E, ALONG THE NORTH LINE OF THE NORTHWEST 114 OF SECTION 7, TOWNSHIP 49 SOUTH, RANCE 41 FAST. REVISED: 5-31-01 (CHANGED WORD EASEMENT TO AREA) ,. SHEET 2 OF 2 SHEETS File name: K.• 10749411 MNABPARK.D, LAND PLANNERS • ENGINEERS • LAND SURVEYORS (L,9#87) 3240CORPORATE WAY A(IRAMAR. FLORIDA 33025 TEL. NO.(954)435-V010 FAX NO. (854)438-32A ORDER NO. 183814-0 PREPARED UNDER BY SUPERVISION RATE: 05--01-01 SEC'Y. -TREAT TINS IS NOT A "LAND SURVEY" ALFONSO C. TELLO. P. . 2978 (STATE OF FLORIDA) SAMUELS.GOREN JAMES A. CHEROF DONALD J. DOODY KERRY L. EZROL MICHAEL D. CIRULLO, JR. GOREN, CHEROE, DOODY & EZROL, P.A. ATTORNEYS AT LAW SUITE 200 3099 FAST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33308 PHONE: (954) 771-4500 FAX! (954) 771-4923 DELRAY BEACH OFFICE: 76 N.E. FIFTH AVENUE DELRAY BEACH, FL33483 PHONE: (561) 276-9400 FAX, (561) 819-6559 PLEASE REPLY To FORT LAUDERDALE JULIE F. KLAHR DAVID N. TOLCES JAMILA V. ALEXANDER JACOB G. HOROWITZ TOLU A. BAMISHIGBIN STEVEN L. JOSIAS, OF COUNSEL September 28, 2006 Jeffrey L. Miller, City Manager City of Tamarac 7525 NW 881h Avenue Tamarac, FL 33321 c.,. RE: City of Tamarac (the "City")/Tract 16 — Florida Fruit Lands — Title Opinio><i;:: u� Dear Mr. Miller: This law firm represents the City of Tamarac, a Florida municipal corporation as City Attorney. Please be advised that we have reviewed the Public Records of Broward County, Florida, in conjunction with Chicago Title Insurance Company ("CTIC"), located in Fort Lauderdale, Florida governing the above -referenced property. As requested, the search includes instruments of record relating to the Property for a period in excess of thirty (30) years, specifically, from May, 1970 through the date indicated below. The Property is more particularly described as follows: That portion of Tract 16 of FLORIDA FRUITLANDS COMPANY'S SUBDIVISION NO. 2, of Section 7, Township 49 South, Range 41, East, as rccordeu in Plat Book 1, Page 102, of the Public Records of Palm Beach County, Florida, that lies East of the Sawgrass Expressway right-of-way. Said Parcel of land lying and being in the City of Tamarac, Broward County, Florida. LESS AND EXCEPT those portions thereof contained in the Deed to Advance Business Associates as recorded November 19, 1999 in O.R. Book 30035, Page 1125 of the Public Records of Broward County, Florida described as follows: "A portion of that parcel of land recorded in O.R. Book 12202 Page 947, Public Records of Broward County, Florida, being more particularly described as follows: A parcel of land lying in Tracts 14, 15, and 16 in Section 7, Township 49 South, Range 41 East in the FLORIDA FRUITLANDS COMPANY'S SUBDIVISION NO.2 as Page 2 recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Section 7 said point having a Florida State Plane Coordinate ofN691838.3 I and E730240.57 (East Zone); thence on a grid bearing of North 89' 33' 15" East along the North line of said Section 7 a distance of 15.00 feet to a line 15.00 feet East of and parallel with the West line of Section 7; thence South 00' 05' 06" East along said parallel line a distance of 15.00 feet to a line 15.00 feet South of and parallel with the said North line of Section 7; thence North 89' 33' 15" East along said parallel line a distance of 1048.99 feet, said point being the PONT OF BEGINNING; thence South 00' 24' 54" East a distance of 979.25 feet; thence South 89' 28' 12" West a distance of 350.00 feet; thence South 00' 24' 54" East a distance of 994,76 feet to the South line of said Tract 14; thence South 89' 23' 12" West a distance of 172.92 feet; thence North 05' 33' 43" West a distance of 249.79 feet to a point of curvature of a non - tangent curve concave to the East; thence Northerly along the arc of said curve to the right, having a central angle of 04' 1 V 56" and a radius of 11,309.16 feet for an arc distance of 828.79 feet to a Point of Tangency; thence North 00' 13' 25" West along a line tangent to the last described curve a distance of 898.07 feet; thence North 89' 33' 15" East a distance of 569.91 feet to the PONT OF BEGINNING." Said lands situate in the City of Tamarac, Broward County, Florida. The following represents our Opinion: VESTING OF TITLE As of September 20, 2006 at 11:00 P.M. ("Effective Date"), we find fee simple title to the aforementioned Property, subject to the conditions and exceptions set forth hereinafter, to be vested in: City of Tamarac, a municipal corporation, by virtue of Quit Claim Deed recorded in Official Records Book 29963 at Page 632 less that conveyed in Official Records Book 30035 at Page 1125 of the Public Records of Broward County, Florida. Our review of the Public Records of Broward County, Florida, indicate the following exceptions to title: 1. All matters contained on the Plat of FLORIDA FRUITLANDS COMPANY'S SUBDIVISION NO.2 as recorded in Plat Book 1, Page 102 of the Public Records of Palm Beach County, Florida, said lands situate, lying and being in Broward County, Florida. 2. Reservations in favor of the State of Florida, as set forth in the deed from the Trustees of the Internal Improvement Fund of the State of Florida, recorded in Deed Book 46, Page Page 3 240, Public Records of Miami -Dade County, Florida as affected by instrument recorded in O.R. Book 6781, Page 801, of the Public Records of Broward County, Florida. 3. Notices of Limitation of Use/Site Dedication recorded in O.R. Book 37642, Page 740- 769, Public Records of Broward County, Florida. 4. Grant Award Agreement recorded in O.R. Book 33168, Page 594, Public Records of Broward County, Florida. 5. Surveyor's Affidavit recorded in O.R. Book 30793, Page 1295, Public Records of Broward County, Florida. 6. Final Judgment recorded in O.R. Book 12779, Page 232, Public Records of Broward County, Florida. 7. Order of Taking in favor of Florida Power & Light Company, recorded October 30, 1970 in Circuit Court Minute Book 205 at Page 34, regarding the West 180 feet of Tract 16 (and other lands) pursuant to a Lis Pendens recorded in O.R. Book 4247, Page 240, Public Records of Broward County, Florida. 8. Bill of Sale for Water Distribution System recorded September 19, 2006 in Official Records Book 42790, Page 348 of the Public Records of Broward County, Florida. Based upon the Limited Title Search Certificate, I am of the opinion that there are no mortgages on the subject property recorded in the Public Records of Broward County, Florida. Should you have any questions or require any additional information, please do not hesitate to contact our office. incerely, i SAM6EL S"/ OREN SSG:mp! H:\2005`050164 TAMARAC\REAL ES'fATF,\Tract 16 -Title Opinion.doc cc: Mayor Beth Flansbaum-Talabisco Members of City Commission Jack Strain, Director of Public Works Document prepared by: F j Return recorded document to: Environmental Protection Department Biological Resources Division 115 S Andrews Ave., Room A-240 Fort Lauderdale, FL 33301 JOINT DEED OF CONSERVATION EASEMENT AND AGREEMENT THIS DEED OF CONSERVATION EASEMENT ("Conservation Easement") is given this 25tbday of september , 2p06 by CitV of Tamarac 7525 NW 88th Avenue, Tamarac Florida 33321 (address) to the South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406, and Broward County, a political subdivision of the state of Florida, their successors and assigns (collectively referred to as "Grantees"), whose Post office is 115 South Andrews Avenue, Suite 423, Fort Lauderdale, Florida 33301. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Broward County, Florida, and more specifically described in Exhibit A, attached hereto and incorporated herein by reference and referred to herein as the "Property"; and WHEREAS, the Grantor desires to construct (name of project) McNab Road Park Property 1.61 Acre Mi ("Project") on the Property, which Project is subject to regulatory jurisdiction of the South Florida Water Management District ("District") and the Broward County Environmental Protection Department ("EPD"); and WHEREAS, EPD License No. DF01-1085 ("EPD License") as may be modified or reissued and District Permit No. 06-03461_P may be modified authorizes certain activities that may impact wetlands tror ay requireict as the preservation of wetlands on the Project site; and WHEREAS, the Grantor has developed and proposed as part of the license and permit conditions a conservation tract, and buffers, as described in Exhibit B attached hereto and incorporated by reference, involving creation, restoration, enhancement and/or preservation of the wetland and/or upland systems ("Conservation Area"); and WHEREAS, the Grantor, in consideration of the consent granted by the EPD License and District Permit, is agreeable to granting and securing to the Grantees a perpetual Conservation Easement as defined in Section 704.06, Florida Statutes (2003), as amended, over the Conservation Area. NOW, THEREFORE, in consideration of the issuance of the EPD License and District Permit, to construct and operate the permitted activity, Grantor hereby grants, creates, and establishes a perpetual Conservation Easement for the Grantees upon the Conservation Area which shall run with the property as described in Exhibits A and B, and be binding upon the Grantor, its heirs, successors or assigns (hereinafter "Grantor"), and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. It is the purpose of the Conservation Easement to retain land and/or water of the Conservation Area in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. It is the purpose and intent of this Conservation Easement to assure that the Conservation Area will be retained and maintained forever predominantly in the vegetative and hydrologic condition as specified in the EPD License and District Permit. The Conservation Area shall be maintained forever by the Grantor, its heirs, successors, or assigns, in the enhanced, restored, preserved and/or created conditions required by the EPD License and District Permit. To carry out this purpose, the following rights are conveyed to Grantees by this easement: (a) To enter upon the Conservation Area (Exhibit B) in a reasonable manner and at reasonable times with any necessary equipment or vehicles to ensure compliance and to enforce the rights herein granted, and to cross such portions of the Property (Exhibit A) as reasonably necessary to exercise such right. (b) To enjoin any activity on or use of the Conservation Area that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the Conservation Area that may be damaged by any inconsistent activity and/or use. Grantees shall be entitled to recover the cost of restoring the land to the natural vegetative, hydrologic, scenic, open, agricultural or wooded condition existing at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned EPD License and District Permit, whichever enhancement is the most environmentally desirable to Grantees. These remedies are in addition to any other remedy, fine or penalty which may be applicable under the most recent versions of Chapter 27, Broward County Code of Ordinances, Chapter 40EA F.A.C., et. seq., Chapter 373, Florida Statutes, or otherwise which may be available by law. 2. Except for the restoration, creation, enhancement, maintenance, and monitoring activities and other activities and improvements related to the Conservation Area Page 2 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office that are permitted or required by the EPD License and the District Permit, the following activities are prohibited in or on the Conservation Area, to wit: (a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; (b) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; (c) Removal or destruction of trees, shrubs, or other vegetation, except for the removal of nuisance and exotic vegetation as approved by EPD and District; (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; (e) Surface use except for purposes that permit the land or water area to remain in its vegetative and hydrologic condition as specified in the EPD License and District Permit; (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; including but not limited to ditching, diking, and fencing; (g) Acts or uses detrimental to said aforementioned retention and maintenance of land or water areas; and (h) Acts or uses detrimental to the preservation of any features or aspects of the Conservation Area having historical, archeological or cultural significance. 3. Grantor reserves all rights as owner of the Conservation Area, including the right to engage in uses of the Conservation Area that are not prohibited herein and which are not inconsistent with the intent and purpose of this Conservation Easement. 4. No right of access by the general public to any portion of the Conservation Area is conveyed by this Conservation Easement. 5. Grantees shall not be responsible for any costs or liabilities related to the operation, upkeep, and maintenance of the Conservation Area and Grantor does hereby indemnify and hold harmless the Grantees from the same. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Conservation Area. Page 3 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office 7. The terms and conditions of this Conservation Easement may be enforced by the Grantees by injunctive relief and other available remedies. In any action in which the Grantees prevail, the Grantees shall be entitled to recover the cost of restoring the Conservation Area to the natural vegetative, hydrologic, scenic, open, agricultural or wooded condition existing at the time of execution of this Conservation Easement or to the vegetative and hydrologic condition required by the aforementioned EPD License and District Permit. Venue for said actions shall be exclusively in the Seventeenth Judicial Circuit, in and for. Broward County, Florida. These remedies are in addition to any other remedy, fine or penalty which may be applicable under the mwst recent versions of Chapter 27 of the Broward County Code of Ordinances, Chapter 40E-4, F.A.C., et. seq., Chapter 373, Florida Statutes, or as otherwise provided by law. 8. Enforcement of the terms and provisions of the Conservation Easement shall be at the reasonable discretion of Grantees, and any forbearance on behalf of Grantees to exercise their rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantees' rights hereunder. 9. Grantees will hold this Conservation Easement exclusively for conservation purposes. Grantees will not assign their rights and obligations under this Conservation Easement except to another organization qualified to hold such interests under the applicable state laws. 10. Grantor agrees to restore the Conservation Area to the vegetative and hydrologic condition required by the aforementioned EPD License and District Permit if any third party exercises any easement right or property interest or conducts any other activity on the property that causes damage, degradation or negative impacts to the Conservation Area. 11. Grantor's obligation to retain and maintain the Conservation Area forever predominantly in the vegetative and hydrologic condition as herein specified shall run with the property described in Exhibits A and B, and shall be binding upon the Grantor, its heirs, successors or assigns and shall inure to the benefit of the Grantees, and their successors and assigns as more particularly set forth herein. The intent of this Conservation Easement is that the responsibilities and liabilities associated with the Conservation Easement shall run with the property described in Exhibits A and B, and be binding upon the fee simple title holder of the property as required hereunder. 12. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. Page 4 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office 13. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in - interest. 14. The terms, conditions, restrictions and purpose of this Conservation Easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property described in Exhibit A or B. Any future holder of the Grantor's interest in the property described in Exhibit A or B shall be notified in writing by Grantor of this Conservation Easement, 15. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns and successors -in -interest, which shall be filed in the Public Records of Broward County. TO HAVE AND TO HOLD unto Grantees, their successors and assigns forever. This Conservation Easement shall be recorded in the Public Records of Broward County and the covenants, terms, conditions, restrictions and purpose imposed with this Conservation Easement shall not only be binding upon Grantor, but also its agents, heirs, successors and assigns, and shall continue as a servitude running in perpetuity with the property described in Exhibits A and B. Grantor hereby covenants with said Grantees that Grantor is lawfully seized of said Conservation Area in fee simple; that the Conservation Area is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to this Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. (INTENTIONALLY LEFT BLANK) Page 5 of 9 CB-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office IN WITNESS WHEREOF, the CITY OF TAMARAC through its authorized representative has made and executed the Agreement on the respective dates under each signature. ATTEST: . By:i..,�,.,,,,, ` Marion Swenson, CIVIC, City Clerk CITY OF TAMARA FLORIDA By: Beth Flansbaum-Talabisco, Mayor D e: Jeff L. filler, City Manager Date: l0 Date: I Approved as to form and legal Sufficie y: it-L /6 S muel S. Goren, City Attorney STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared Vxfi) F1cn6 iiCLQ s'o nod., l l-1 eq Mil I c C of the City of Tamarac, a Florida Municipality, to me known to be the person(s) described herein and who executed the foregoing instrument and acknowledged before me that he she executed the same. WITNESS my hand and official seal this day of&,�vbtf 2006. I J&AQIC�o NO ARY PUBLIC, State of Florida at 410 111 VExpires OMW 24,200 (Name of Notary Public: Print, Stamp, or Type s Commissioned) ( ersonally known to me or ( ) Produced Identification Type of I.D. Produced ( ) DID take an oath, or ( DID NOT take an oath. Page 6 of 9 IN WITNESS WHEREOF, — hereunto set its authorized hand this day of OWNER - CORPORATION/PARTNERSHIP Witnesses (if partnership) (Signature) Print Name (Signature) Print Name ATTEST (if corporation) Corporate Secretary Signature Print Name of Corporate Secretary ,20 Name of Owner (corporation/partnership) By (Signature) Print Name: Title Address day of , 20 ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP STATE OF FLORIDA ) ) ss COUNTY OF ) (CORPORATE SEAL) has The foregoing instrument was acknowledged before me this day of , 20 , by as of , a corporation/partnership, on behalf of the corporation/partnership [ ] personally known to me, or [ ] produced identification. Type of identification produced CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office He or she is: NOTARY PUBLIC -STATE OF FLORIDA: Signature of Notary Public -State of Florida Print, type, or stamp Commissioned Name My commission expires: Affix Seal Below Page 7 of 9 Mortgage Subordination By signing below mortgage holder agrees the lien of any mortgage on the real property described in Exhibit "A" and Exhibit "B" shall be subordinate to the subject conservation easement. Witnesses (if partnership) (Signature) Print Name (Signature) Print Name ATTEST (if corporation) MORTGAGEE Name of Mortgagee (corporation/partnership) By (Signature) Print Name: Title Address day of , 20 (CORPORATE SEAL) Corporate Secretary Signature Print Name of Corporate Secretary ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP STATE OF FLORIDA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this , 20 , by as of a corporation/partnership, on behalf of the corporation/partnership [ ] personally known to me, or [ ] produced identification. Type of identification produced He or she is: day of NOTARY PUBLIC -STATE OF FLORIDA: Signature of Notary Public -State of Florida Print, type, or stamp Commissioned Name My commission expires: Affix Seal Below Page 8 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office ACCEPTANCE BY BROWARD COUNTY The Broward County Board of County Commissioners hereby accepts this Conservation Easement for EPD License No. ATTEST; County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS As day of Mayor , 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 Assistant County Attorney SOUTH FLORIDA WATER MANAGEMENT DISTRICT Legal Form Approved Print Name Date Page 9 of 9 CE-Joint.doc (Rev.08/05) This form prepared by the Broward County Attorney's Office