Broward County Commission Regular Meeting
Director's Name: Trevor M. A. Fisher
Department: Public Works Division: Real Property and Real Estate Development
Information
Requested Action
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A. MOTION TO APPROVE Declaration Regarding Maintenance Obligation setting forth Broward County’s responsibilities for the construction and ongoing maintenance of certain improvements located within adjacent rights-of-way along NW 49th Street, in connection with County-owned property (“Declaration”); and authorize the Mayor and Clerk to execute same. (Commission District 8)
B. MOTION TO APPROVE Utility Easement granting the City of Fort Lauderdale a perpetual, non-exclusive easement for water and wastewater infrastructure on County-owned property located at 4650 NW 21 Avenue, Fort Lauderdale, FL 33309; and authorize the Mayor and Clerk to execute same. (Commission District 8)
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Why Action is Necessary
A. Board of County Commissioners' approval is required to execute declarations related to the maintenance of real property.
B. Board of County Commissioners’ approval is required to grant an interest in real property.
What Action Accomplishes
A. Establishes the County’s responsibilities for the maintenance of improvements required by the City of Fort Lauderdale as a condition of site plan approval.
B. Grants a ten-foot utility easement to the City of Fort Lauderdale for utility infrastructure.
Goal Related Icon(s)
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Previous Action Taken
None.
Summary Explanation/Background
THE PUBLIC WORKS DEPARTMENT/REAL PROPERTY AND REAL ESTATE DEVELOPMENT DIVISION AND CONSTRUCTION MANAGEMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
The City of Fort Lauderdale has approved the County’s Development Review Committee (DRC) Site Plan Application filed under Case No. UDP-S21042, executed on November 22, 2021, for the development of the Supervisor of Elections (SOE) Facility. As part of this approval, the County requested the right to install landscaping, structural soil, and irrigation (collectively, the “Special Improvements”) within portions of the adjacent rights-of-way along NW 49th Street.
The County is responsible for maintaining the Special Improvements at its sole cost and expense. The attached Declaration of Maintenance Obligation (Exhibit 1) formalizes the County’s maintenance responsibilities and outlines the terms governing future inspections, repairs, modifications, and related obligations. The Declaration includes enforcement provisions that allow the City to perform repairs, seek reimbursement from the County, and remove improvements in the event of noncompliance. The Special Improvement Area is more particularly described in the sketch and legal description attached as Exhibit “B” to the Declaration. Approval of this item will satisfy the City's conditions for site plan compliance and ensure the long-term maintenance of improvements within the adjacent right-of-way. The Declaration also includes a prevailing party attorney’s fees provision in favor of the City, which means that if a dispute arises and litigation occurs, the County could be required to pay the City’s attorney’s fees if the City prevails.
Separately, the Construction Management Division (CMD), on behalf of Core Construction (the Developer), requested assistance from the Real Property and Real Estate Development Division (RPRED) in granting a perpetual, non-exclusive easement to the City of Fort Lauderdale (Exhibit 2). This easement (Utility Easement) allows for the installation, maintenance, and operation of water and sanitary sewer utility infrastructure, including raw, potable, and reclaimed water distribution systems and sewage collection systems. It also grants the City access rights to inspect, test, repair, relocate, and replace such infrastructure. The easement applies to the County-owned property located at 4650 NW 21 Avenue, Fort Lauderdale, FL 33309 (Exhibit 3) where the SOE facility currently resides.
Both instruments, the Declaration of Maintenance Obligation and the Utility Easement, have been reviewed and approved for legal sufficiency by the Office of the County Attorney.
Source of Additional Information
Lary S. Mahoney, Director, Real Property and Real Estate Development Division, Public Works Department, (954) 357-7357
Ariadna Musarra, Director, Construction Management Division, (954) 357-6419
Trevor M.A. Fisher, P.E., Director, Public Works Department, (954) 357-6410
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact on Broward County.