Broward County Commission Regular Meeting
Director's Name: Glenn Wiltshire (Acting Director)
Department: Port Everglades Division: Business Development
Information
Requested Action
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MOTION TO ADOPT Resolution, the title of which is as follows:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, GRANTING A NONEXCLUSIVE, PERPETUAL DRAINAGE EASEMENT TO SPG 1700 ELLER DR LLC, OVER, UNDER, ACROSS, AND THROUGH A PORTION OF PORT EVERGLADES; APPROVING THE DRAINAGE EASEMENT AGREEMENT BETWEEN BROWARD COUNTY AND SPG 1700 ELLER DR LLC; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
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Why Action is Necessary
Approval by the Broward County Board of County Commissioners is required for the adoption of a Resolution.
What Action Accomplishes
Enables the adoption of the Resolution approving the nonexclusive, perpetual drainage easement.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building partnerships and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward’s lower and middle class.”
SPG 1700 Eller Dr LLC (“Seagis”) purchased the property located at 1700 Eller Drive, Hollywood, Florida 33316 (“Property”) (see Exhibit 3), in November 2021, and developed a Class A 199,624 square foot warehouse within the Port Everglades Development District. The Property previously was used by a rental car company, which enjoyed unrestricted stormwater discharge to the Port Everglades’ (“Port”) stormwater conveyance system.
During the site development process, Seagis contacted the Port Everglades Department (“Port Department”) to inquire about also discharging into the County’s conveyance system, and to request an easement from the County for this purpose. Seagis worked with staff from the Port Department’s Seaport Engineering and Construction Division, who reviewed the calculations and confirmed that the limited discharge would not negatively impact the existing Port drainage system. In connection with the Property’s development, the Broward County Resilient Environment Department issued Surface Water License Number SWM2022-090-3 to Seagis on November 17, 2023. Moreover, Seagis agreed to construct a new right turn lane into the Property from McIntosh Road to reduce the impacts of truck traffic entering the property. Seagis spent approximately $250,000 on the design and construction of the turn lane.
The Drainage Easement Agreement (“Agreement”) included as Attachment 1 to the proposed Resolution (see Exhibit 1) grants a perpetual, non-exclusive easement to Seagis over, under, across, and through a portion of the Port’s drainage improvements (“Easement”) (see Exhibit 2). While the Easement is perpetual in nature, under the Agreement the County retains the ability to make modifications to its drainage improvements in the future should Port development plans require same. Additionally, the Agreement provides protections to the County to ensure regulatory compliance, Port operational considerations, and access to and care of Port property.
The proposed Resolution grants the Easement to Seagis, approves the Agreement, and authorizes the Mayor or Vice-Mayor to execute the Agreement and the County Administrator to attest to same. All documents have been reviewed and approved as to form and legal sufficiency by the Office of the County Attorney.
Source of Additional Information
John Foglesong, Director, Seaport Engineering and Construction Division, Port Everglades Department, (954) 468-0142.
Josh Miller, Property Manager, Business Development Division, Port Everglades Department, (954) 468-3518.
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact to Broward County.