Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Real Property and Real Estate Development
Information
Requested Action
title
A. MOTION TO APPROVE Declaration Regarding Maintenance Obligation setting forth the responsibilities of Broward County and Related FATVillage, LLC, (the “Developer”), for the construction and ongoing maintenance of certain improvements within portions of the City of Fort Lauderdale’s right-of-way along Northeast 1st Avenue, adjacent to County-owned property located at 600 North Andrews Avenue, Fort Lauderdale, Florida 33311; and authorize the Mayor and Clerk to execute same. (Commission District 4)
B. MOTION TO APPROVE Public Water Easement granting the City of Fort Lauderdale a perpetual, non-exclusive easement for the installation and maintenance of water utility infrastructure and facilities on County-owned property located at 600 North Andrews Avenue, Fort Lauderdale, Florida 33311; and authorize the Mayor and Clerk to execute same. (Commission District 4)
C. MOTION TO APPROVE Public Sanitary Easement granting the City of Fort Lauderdale a perpetual, non-exclusive easement for the installation and maintenance of sanitary sewer utility infrastructure and facilities on County-owned property located at 600 North Andrews Avenue, Fort Lauderdale, Florida 33311; and authorize the Mayor and Clerk to execute same. (Commission District 4)
D. MOTION TO APPROVE Public Sidewalk Easement granting the City of Fort Lauderdale a perpetual, non-exclusive easement for the installation and repair of sidewalk infrastructure on County-owned property located at 600 North Andrews Avenue, Fort Lauderdale, FL 33311; and authorize the Mayor and Clerk to execute same. (Commission District 4)
body
Why Action is Necessary
Motion A - Board of County Commissioners' approval is required to execute declarations related to the maintenance of real property.
Motions B, C, and D - Board of County Commissioners’ approval is required to grant an interest in real property.
What Action Accomplishes
Motion A - Establishes the responsibilities of Broward County and the Developer for the maintenance of improvements required by the City of Fort Lauderdale as a condition of site plan approval.
Motions B, C, and D - Grant public utility and sidewalk easements to the City of Fort Lauderdale for the facility’s infrastructure.
Goal Related Icon(s)
☐County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT, THE HOUSING FINANCE AUTHORITY, AND THE REAL PROPERTY AND REAL ESTATE DEVELOPMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
Broward County owns the property located at 600 North Andrews Avenue, Fort Lauderdale, Florida 33311 (“Property”), which is subject to a Ground Lease with Related FATVillage, LLC for the development of a mixed-use housing project known as The Gallery at Flagler Village (“Ground Lease”).
The City of Fort Lauderdale approved the Developer’s Development Review Committee (DRC) Site Plan Application filed under Case No. UDP-S23006, on April 18, 2023, for The Gallery at Flagler Village. As part of this approval, the Developer requested, and the City authorized, the right to install certain pedestrian lighting, curb and gutter, valley gutter, landscaping, structural soil, irrigation, root barriers, paver driveways, and specialty paving sidewalks (collectively, the “Special Improvements”) within portions of the City’s right-of-way along Northeast 1st Avenue, situated immediately adjacent to the Property.
To satisfy these conditions, the Developer has requested County’s approval and execution of the attached four agreements necessary to finalize the closeout of the project. These agreements include:
A. Declaration of Maintenance Obligation (“Declaration”) - Required by the City of Fort Lauderdale as a condition of site plan approval, the Declaration establishes the joint responsibilities of Broward County (Owner) and Related FATVillage, LLC (Developer) for the maintenance and repair of the Special Improvements located within the City’s right-of-way. Under the Declaration, both the County and the Developer are jointly responsible to the City for ensuring that the improvements are properly maintained. However, consistent with the Ground Lease, the Developer is obligated to perform and fund all required maintenance. The County’s execution of the Declaration is required because Broward County is the fee simple owner of the Property, and the City of Fort Lauderdale requires all property owners of record to join in maintenance declarations affecting improvements within the public right-of-way adjacent to their property (Exhibit 1).
B. Public Water Easement - This easement grants the City a perpetual, non-exclusive easement to access, install, operate, maintain, and repair water utility infrastructure and facilities serving the Property. The water systems are already operational; this easement formalizes the City’s right of access (Exhibit 2).
C. Public Sewer Easement - This easement grants the City a perpetual, non-exclusive easement for the installation, operation, maintenance, and repair of sanitary sewer infrastructure serving the Property. The systems are already in use; this easement formalizes the City’s right of access (Exhibit 3).
D. Public Sidewalk Easement - This easement Grants the City a perpetual, non-exclusive easement to access the property for installation, operation, maintenance, and repair of the sidewalk infrastructure adjacent to the Property. Although the sidewalk improvements have already been installed, this easement formalizes the City’s right of access (Exhibit 4).
The Declaration of Maintenance and Easement agreements have been reviewed and approved for legal sufficiency by the Office of the County Attorney.
Source of Additional Information
Ralph Stone, Executive Director, Housing Finance Authority (954) 357-5320
Lary S. Mahoney, Director, Real Property and Real Estate Development, Public Works Department, (954) 357-7357
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact to Broward County.