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
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A. MOTION TO APPROVE Agreement between Broward County (“County”) and Sunrise Mills (MLP) Limited Partnership (“SMMLP”) (“Agreement”) relating to SMMLP’s release of its rights and interests under a signage easement as to a portion of County-owned property required for the Florida Department of Transportation’s (“FDOT”) Pat Salerno Full Interchange Project, and providing SMMLP with a one-time, limited right to propose a new name for Pat Salerno Drive, subject to certain governmental approvals. (Commission District 9)
B. MOTION TO ADOPT Resolution, the title of which is as follows: (Commission District 9)
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY TO THE FLORIDA DEPARTMENT OF TRANSPORTATION PURSUANT TO SECTION 125.38, FLORIDA STATUTES; DETERMINING THAT THE REAL PROPERTY IS NOT NEEDED FOR COUNTY PURPOSES; DETERMINING THAT THE USE STATED HEREIN PROMOTES PUBLIC OR COMMUNITY INTEREST AND WELFARE; AUTHORIZING THE EXECUTION AND RECORDATION OF A QUITCLAIM DEED FOR THE REAL PROPERTY; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
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Why Action is Necessary
Motion A. Board of County Commissioners’ approval is required to approve the Agreement between the County and SMMLP concerning County-owned property.
Motion B. Board of County Commissioners' approval is required to convey real property owned by Broward County pursuant to Section 125.38, Florida Statutes, and Section 6.19(f) of the Broward County Administrative Code.
What Action Accomplishes
Motion A. Approves an Agreement with SMMLP concerning SMMLP’s release of its rights and interests under the signage easement as to the portion of County-owned property required for FDOT’s development of the Pat Salerno Full Interchange.
Motion B. Authorizes the conveyance of County-owned real property to FDOT for right-of-way purposes, in fulfillment of the County’s contractual obligations under the Turnpike Interchange and Right of Way Agreement for the Pat Salerno Full Interchange.
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Previous Action Taken
On September 10, 2026 (Agenda Item No. 70), the Board of County Commissioners adopted Resolution 2026-381 approving the conveyance of County-owned property to the Florida Department of Transportation, pursuant to Section 125.38, Florida Statutes.
On May 26, 2026 (Agenda Item No. 39), the Board of County Commissioners adopted Resolution 2026-138 approving the conveyance of County-owned property to the Florida Department of Transportation, pursuant to Section 125.38, Florida Statutes.
On June 13, 2023 (Agenda Item No. 55), the Board of County Commissioners approved the Turnpike Interchange and Right of Way Agreement for Pat Salerno Full Interchange with the Florida Department of Transportation.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND THE REAL PROPERTY AND REAL ESTATE DEVELOPMENT DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
The Florida Department of Transportation (“FDOT”) is planning improvements to the Pat Salerno Drive interchange with Sawgrass Expressway (“Interchange Project”) to provide a full interchange accommodating traffic movements to and from the north and south. A portion of the County-owned property required for the Interchange Project is subject to signage easement rights held by Sunrise Mills (MLP) Limited Partnership (“SMMLP”). FDOT determined that SMMLP’s release of its rights and interests under the signage easement as to the affected area is required for construction of the Interchange Project.
The proposed Agreement (Motion A), attached as Exhibit 1, establishes the terms and conditions relating to SMMLP’s release of those rights and interests. SMMLP has executed the Partial Release of Signage Easement contemplated by the Agreement and delivered the instrument to FDOT and County.
In consideration of SMMLP’s release, the Agreement provides SMMLP with a one-time, limited right to propose a new name for Pat Salerno Drive. Any proposed new name must relate to Sawgrass Mills Mall, Mall operations, or retail terms generally. SMMLP must submit its proposed name to the County Administrator for consideration by the Board of County Commissioners. The proposed name is also subject to approval by the City of Sunrise.
SMMLP may exercise the naming right for up to ten (10) years following the Effective Date of the Agreement. The Agreement provides that SMMLP will make good faith efforts to exercise the naming right on or before substantial completion of the Interchange Project and before the signage vendor has completed their work on the Interchange Project (“Substantial Completion Date”).
If SMMLP exercises the naming right on or before the Substantial Completion Date, the County will bear the costs associated with replacing roadway signage required to implement the renaming. If SMMLP exercises the naming right after the Substantial Completion Date, the County’s total financial contribution toward replacement roadway signage will be limited to the actual documented costs of sign fabrication and installation, up to $70,000. SMMLP will be responsible for additional costs specified in the Agreement.
If a new name is approved, the County generally may not change that name for 20 years without SMMLP’s prior written consent. If the County changes the name in violation of this provision, SMMLP may seek specific performance to restore the approved name for the remainder of the 20-year period. The Agreement also provides SMMLP certain future rights regarding the Amerant Bank Arena (“Arena”) signage. If the conditions specified in the Agreement are met and Arena signage rights may be made available, SMMLP has a right of first offer and, if the County later receives a bona fide third-party offer it is prepared to accept, a 30-day right to acquire the signage rights on the same material terms.
The Agreement does not include a termination-for-convenience provision. However, the County retains other contractual protections, including the right to terminate for cause following an uncured breach and additional termination rights for specified events such as suspension or debarment, fraud, misrepresentation, or material misstatement. The County also retains available legal and equitable remedies, including recovery of costs, and the Agreement includes indemnification, setoff, and restrictions on assignment and change of control.
The proposed Resolution (Motion B) authorizes the conveyance of County-owned real property to FDOT for right-of-way purposes. The conveyance is subject to SMMLP’s partial release of the signage easement and is intended to satisfy the County’s obligations under the Turnpike Interchange and Right of Way Agreement for the Pat Salerno Drive/Sawgrass Expressway Full Interchange Project.
On September 10, 2026 (Agenda Item No. 70), the Board of County Commissioners adopted Resolution 2026-381 approving the conveyance of County-owned property to FDOT identified as Parcel 105 with a revised legal description and reduced footprint that excluded the area subject to the signage easement. SMMLP has subsequently approved and executed the Agreement, including its obligation to partially release the signage easement. Accordingly, the County now seeks to convey to FDOT the portion of County-owned property that was excluded from the prior conveyance.
The Agreement and Resolution have been reviewed and approved as to form and legal sufficiency by the County Attorney’s Office.
Source of Additional Information
Darby P. Delsalle, AICP, Housing and Urban Planning Director, 954-357-9792
Fiscal Impact
Fiscal Impact/Cost Summary
There is no fiscal impact from this Agenda Item because no monetary consideration is payable by the County upon execution of the Agreement or conveyance of the County-owned property. The Agreement does, however, provide for a potential future County expenditure associated with replacement roadway signage if SMMLP exercises its one-time naming right. If SMMLP exercises the naming right on or before the Substantial Completion Date, the County will bear the costs associated with replacing roadway signage required to implement the renaming. If SMMLP exercises the naming right after the Substantial Completion Date, the County’s contribution toward replacement roadway signage will be limited to the actual documented costs of sign fabrication and installation, up to $70,000.