Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
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...
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