Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO APPROVE settlement, including costs and attorneys’ fees, in the case titled Broward County vs. Coral Creek Homeowners Association, Inc., 17th Judicial Circuit Court Case No. CACE19-014621, and to authorize the Mayor and Clerk to execute the Settlement Agreement between Coral Creek Homeowners Association, Inc., and Broward County.
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Why Action is Necessary
Board approval is necessary to resolve this pending lawsuit.
What Action Accomplishes
Settlement of pending litigation.
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Previous Action Taken
Summary Explanation/Background
On November 6, 1992, the County and Coral Creek Homeowners Association, Inc. (“Coral Creek”), entered into a Revocable License Agreement, whereby the County granted Coral Creek a revocable license to install a wall (“Wall”), landscaping, and irrigation (collectively, the “Improvements”) on certain County-owned property along Wiles Road (“Property”) for the purpose of providing a buffer and screening for the benefit of Coral Creek.
Pursuant to the Revocable License Agreement, Coral Creek agreed: (i) to be responsible for the maintenance of the entire Property and the Improvements; (ii) not to permit any hazard or nuisance on the Property; and (iii) not to cause or permit any damage to the Property. Coral Creek completed the Improvements and built the Wall adjacent to a canal that is controlled by Pine Tree Water Control District (“District”).
After receiving complaints from the District that excessive, overgrown vegetation and invasive trees situated on the Property were affecting drainage and storm water facilities and interfering with the District’s ability to maintain the canal, the County notified Coral Creek of the complaints and requested that Coral Creek maintain the Property as required under the Revocable License Agreement.
Coral Creek failed to perform the requested maintenance, and the District demanded that the County enforce the Revocable License Agreement or perform the required maintenance itself to remedy the issues affecting the canal. After multiple attempts to resolve this matter, the County filed a lawsuit against Coral Creek seeking to enforce Coral Creek’s obligations under the Revocable License Agreement.
The County and Coral Creek desire to resolve and settle all issues in connection with the lawsuit and to release each other from all claims, in accordance with the terms and conditions of the Settlement Agreement attached as Exhibit 1, subject to Board approval.
Under the proposed settlement, Coral Creek will: (1) clear the area to remove all trees and vegetation from the Property by April 30, 2024, with an estimated cost of $39,600; (2) repair the embankment and slope of the Property to add soil by July 31, 2024, creating a five-foot flat cover and 2H:1V slope in accordance with the contractor’s scope of work included in the Settlement Agreement, with an estimated cost of $254,333.28; (3) make any necessary repairs to the wall including filling any cracks, cleaning, and painting; (4) perform, at a minimum, monthly routine maintenance on the Property, and (5) indemnify the County for any and all claims against the County if Coral Creek fails to perform the obligations mentioned in the Settlement Agreement or Revocable License Agreement. Additionally, the County has agreed to contribute $25,000 toward the embankment repair 30 days after receipt of a certified paid invoice detailing the cost of the fully completed embankment repair.
The Risk Management Division and Highway Construction and Engineering Division recommend approval of this settlement.
Source of Additional Information
Michael J. Kerr, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The County’s contribution for this settlement is up to $25,000 of one-time funding and will be funded from the Highway Construction and Engineering Division’s operating budget. The County’s contribution amount will be reimbursed to Coral Creek after the County is presented with a certified paid invoice detailing the cost of the fully completed embankment repair.