Broward County Commission Regular Meeting
Director's Name: Lary S. Mahoney
Department: Public Works Division: Real Property and Real Estate
Information
Requested Action
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MOTION TO APPROVE Consent to Easement Agreement (“Agreement”) granting Broward County use of a right-of-way easement to facilitate the County’s construction of mooring fields within the federal right-of-way of the Intercoastal Waterway located on Sheridan Street in the City of Hollywood; and authorize the Mayor and Clerk to execute same. (Commission District 6)
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Why Action is Necessary
Board of County Commissioners' approval is required to accept an interest in real property.
What Action Accomplishes
Provides Broward County with the use of a right-of-way easement to facilitate Broward County’s construction of mooring fields within the federal right-of-way of the Intercoastal Waterway.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
The United States of America, Department of the Army (“Army”) has a right-of-way easement for the construction, improvement, and maintenance of the Intracoastal Waterway, Jacksonville to Miami Project. The Parks and Recreation Division has proposed the development of the Loggerhead Park Mooring Field at Hollywood North Beach Park (“Project”). The Project includes a total of 29 public mooring slips adjacent to the Intracoastal Waterway in the coves north and south of Sheridan Street. Pursuant to the Army’s permit issued to the County authorizing the County’s Project, the Army requires the County to enter the Consent to Easement Agreement (“Agreement”) with the Army, which Agreement grants the County use of the right-of-way easement.
The Agreement contains broad release of liability language for the Army. The Agreement releases any liability to the Army for damages to the easement area or injuries to persons that arises from the County’s use of the easement area and provides that the County shall hold the Army harmless from any and all claims resulting from any and all activities relating to the County’s construction of the Project. The Agreement also releases the Army from any liability for any damage to any improvements constructed by Broward County even if the damage was caused by the Army.
Source of Additional Information
Lary S. Mahoney, Director of Real Property and Real Estate Development Division, Public Works Department, 954-357-7357.
Trevor M. A. Fisher, P.E., MBA, Director, Public Works Department, 954-357-6410
Dan West, Director, Parks and Recreation, 954-357-8106
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact to Broward County.