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HomeMy WebLinkAboutR-2004-003 Agr for Site #449 9 RESOLUTION NO. 2004-003 A RESOLUTION OF THE CITY OF DANIA BEACH FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT TO BE ENTERED INTO BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH TO PROVIDE FOR THE ACQUISITION, IMPROVEMENT, ENHANCEMENT, OPERATION AND MANAGEMENT OF GREEN SPACE, KNOWN AS "SITE #449", LOCATED AT THE 2500 BLOCK OF SW 45T" STREET IN THE CITY, INCLUDING ASSOCIATED DOCUMENTS RELATED TO THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the Interlocal Agreement to be entered into between Broward County and the City of Dania Beach, providing for acquisition, improvement, enhancement, operation and management of green space, known as "Site #449", located at the 2500 block of SW 45t" street in the city, including associated documents related to the agreement, copies of which agreement and associated documents are attached and marked as Exhibit"A", are approved and the proper city officials are authorized to execute them. Section 2. That all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 13, 20 4. A T N AY — CVMISSIONER TE T: ROLL CALL: COMMISSIONER CHUNN - YES COMMISSIONER MIKES -YES CHARLENE O NSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON - YES 1 RESOLUTION NO. 2004-003 APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS AN CITY ATTORNEY O 2 RESOLUTION NO. 2004-003 Agenda Request Form City of Dania Beach Agenda Item Date of Commission meeting: 1/13/2004 Description of Agenda Item: Resolution to execute interlocal agreement regarding Site 449 Commission action being requested: Adopt Resolution or Ordinance © Expenditure ❑ Award BID/ RFP ❑ Presentation ❑ General approval of item ❑ Continued from meeting 0 Ot (Pleasexplam her ) Summary explariation and background . Broward County will purchase Site 449 located at the 2500 block of SW 45 Street. We need to enter into an interlocal agreement for the property to be titled to the City of Dania Beach and for the improvement, enhancement, operation and management of this site. Staff is estimating $50,000 per year, each year for preparation and implementation of requirements. This $50,000 must be included each year in our 5 year Capital Improvement Plan. Attached,exhibits and additional backup materials (Please list) ; •° Resolution -electronic attachment Interlocal Agreement- paper attachment For purchasing requests ONLY Department: Amount: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Account Name: Account Number: Submitted by: btemchuk Date: 1/6/2004 Department Director: btemchuk Date: 1/6/2004 Admin. Services Director: Date: Finance Director.' Date: / 7 a D City Manager. Date: 1 s Ad-M - • • bd z = FLORIDA January 21, 2004 Scott Park Natural Resource Specialist II Department of Planning and Environmental Protection Biological Resources Division 218 SW 1 st Avenue Fort Lauderdale, FL 33301 Dear Mr. Park: RE: SITE 449:INTERLOCAL AGREEMENT, CONSERVATION EASEMENT AND RESOLUTION FOR SITE DEVELOPMENT INTO CITY'S 5-YEAR CAPITAL IMPROVEMENT PLAN. • On January 13, 2004, the Dania Beach City Commission adopted Resolutions No. 2004-003 and No. 2004-004 approving the above agreement. Copies of both resolutions are attached. We are sending two originals of the agreement for execution by Broward County. Upon execution, please retain one original of the agreement and return one to me for our records. If you have any questions regarding the attached documents, please contact Bonnie Temchuk, Assistant to the City Manager, at (954) 924-3613. ,Sincerely, Miriam Nasser Deputy City Clerk Enclosures `Broward's First City" 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us RD r �1°�' COUNTY DEPARTMENT OF PLANNING AND ENVIRONMENTAL PROTECTION-Biological Resources Division 218 S.W.',1st Avenue•Fort Lauderdale,Florida 33301 •954-519-1230•FAX 954-519-1412 December 16, 2003 Bonnie,,Temchuk, Assistant City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: :Site 449: Interlocal Agreement, Conservation Easement and resolution for site development into City's 5-year Capital Improvement Plan Dear Ms�- euk Congratulations, the County currently has a purchase contract with the owner of the referenced site. Please find attached the Interlocal Agreement for the Acquisition, Improvement, Enhancement, Operation and Management of Green Space 449. Additionally, a form Conservation Easement is attached and a drafted resolution to add the site's development into the City's 5-year Capital Improvement Plan will be sent separately. These documents are similar to those sent to the City last year, and will need to be approved by the City prior to the transfer of deed to the City. At the December 9th County Commission meeting, the public hearing to approve the purchase contract was scheduled for January 20, 2004. In order to facilitate • the title transfer to the City, we need you to return the enclosed documents by January 6, 2004. 1 will forward the City resolution as soon as it is available to me. As stated by the Broward County Attorney's Office, these forms have been reviewed and approved by Bond counsel for consistency with the Safe Parks and Land Preservation resolutions #2000-1063 and #2000-1230. In order to ensure conformity among all the agreements and to ensure that all purchases are not in conflict with the Bond restrictions, no revisions to these documents will be accepted. If you have any questions, please contact me at 954-519-1436. We are confident in the success of the County;and City partnership in the preservation of native habitats and park spaces Sincerely, Scott Park Natural Resource Specialist II Attachments C: Ivan Pato, City Manager Donald Burgess, Land Preservation Administrator Eric Myers, Director, Biological Resources Division Broward County Board of CountyCommissioners Josephus Eggelletion,Jr.•Ben Graber•Sue Gunzburger•Kristin D.Jacobs•Ilene Lieberman•Lori Nance Parrish•John E.Rodstrom,Jr.•Jim Scott•Diana Wasserman-Rubin www.broward.org Return mcorded document to: Dept. of {Tanning and Environmental Protection INSTR#10391805S Land Preservation Section OR BK 37294 Pages 1512- 1537 RECORDED 04/22/04 10:01:28 218 SW 1st Avenue BROWARD COUNTY COMMISSION Ft. Lauderdale, FL 33301 DEPUTY CLERK1033 #3,26 Pages Document prepared by: Sharon L. Cruz, Deputy County Attorney Suite 423, Governmental Center 115 South Andrews Avenue Fort Lauderdale, FL 33301 INTERLOCAL AGREEMENT FOR THE ACQUISITION, IMPROVEMENT, ENHANCEMENT, OPERATION AND MANAGEMENT OF GREEN SPACE, SITE 449 This is an Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF DANIA BEACH, a Florida municipal corporation, created and existing under the laws of the state of Florida, hereinafter referred to as "CITY." WHEREAS, CITY is: (i) acquiring conservation, green space or open space land with proceeds of the Bonds (hereinafter defined within Section 1.7 of this Agreement), or (ii) receiving reimbursement from proceeds of the Bonds for the prior acquisition of such lands, or (iii) receiving title from COUNTY to such lands previously acquired by COUNTY involving the proceeds of the Bonds; and WHEREAS, this Agreement is entered into in orderto impose terms, conditions, and restrictions on CITY's use of Bond proceeds on lands acquired by CITY with Bond proceeds or on lands for which CITY received reimbursement from Bond proceeds for prior acquisition or on lands acquired by COUNTY which are transferred to CITY; and WHEREAS, this Agreement is entered into pursuant to § 163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, the Bonds were issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of Bondholders for federal income tax purposes; and CAF#550 03/17/03 Revised 1 iWHEREAS, it is the purpose and intent of the parties to this Interlocal Agreement, to permit COUNTY and CITY to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby accomplish the objectives provided for herein in the manner that will best accord with the existing resources available to each of them and with the needs and developments within their respective jurisdictions; and WHEREAS, CITY and COUNTY desire to enter into a cooperative agreement regarding the acquisition, preservation, improvement/enhancement, operation and management of a parcel of property described in Exhibit "A," attached hereto and made a part hereof and hereinafter referred to as the "Site"; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE 1 BACKGROUND, PURPOSE, INTENT AND DEFINITIONS 1.1 The above recitals are true and correct and incorporated herein as if set forth in full hereunder. . 1.2 It is the purpose and intent of this Interlocal Agreement for COUNTY and CITY, pursuant to Section 163.01, Florida Statutes, to cooperate and provide for a means by which each governmental entity may exercise its respective powers, privileges and authorities which they share in common and which each might exercise separately in order to further a common goal. 1.3 In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax-exempt status of the Bonds is not jeopardized, CITY and COUNTY agree to amend the Agreement accordingly. 1 .4 In order to further the efforts to be undertaken by COUNTY in connection with the acquisition, preservation, improvement/enhancement, operation and management of the Site, the parties hereto acknowledge and agree to cooperate with each other to the fullest extent reasonably necessary to accomplish the mutual desire of the parties that the project be successfully completed. 1.5 This Agreement and the covenants and restrictions contained herein shall run with the Site and shall bind, and the benefits shall inure to, respectively COUNTY and CITY and their respective successors and assigns. 1.6 This Agreement will be effective upon execution by both parties. CAF#550 03/17/03 Revised 2 1.7 Definitions - For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the definitions and identifications set forth below are assumed to be true and correct and are agreed upon by the parties. "Bonds" shall mean the Broward County, Florida General Obligation Bonds issued in one or more series pursuant to Resolution 2000-1062 and Resolution 2000-1063 adopted by the Board of County Commissioners of Broward County relative to parks and/or conservation lands, green space and open space lands. "Bond Restrictions" shall mean the terms, conditions, and limitations imposed by any resolution adopted by the Board of County Commissioners of Broward County authorizing the issuance of Bonds and the official statement and the terms, conditions, and limitations contained in any contracts, covenants or instruments executed in connection with the Bonds. "Disallowable Activities" shall mean those activities and uses not consistent with the Bond Restrictions or those activities or uses prohibited by those restrictive covenants or conservation easements required by this Agreement or those activities or uses set forth within Article 5 of this Agreement. 4 ARTICLE 2 MANAGEMENT PLAN If the Site is Conservation Lands or Green Space, a Conceptual Resource Management Plan which broadly describes the proposed use of the Site and the manner in which the CITY proposes to preserve and enhance the Site shall be attached as Exhibit "B." If the Site is Open Space land, a Conceptual Open Space Park Management Plan which broadly describes the proposed use of the Site as open space shall be attached as Exhibit "B." ARTICLE 3 ACQUISITION BY CITY OR TRANSFER OF TITLE PLEASE CHECK THE APPROPRIATE SECTION BELOW. [ ] 3.1 CITY shall purchase or has purchased the Site without COUNTY participation in the acquisition. COUNTY shall reimburse the CITY up to the grant amount of$ approved by the Land Preservation and Acquisition Advisory Board (LPAAB) and the Broward County Commission upon receipt of a copy of the recorded deed for the Site which deed shall include such covenants and restrictions as are sufficient to ensure that the use of the Site at all times complies with the Bond Restrictions and shall contain.clauses providing for the conveyance of title to the Site to Broward County in the event of an uncured default by the CITY for failure to use the CAF#550 03/17/03 Revised 3 . Site acquired thereby for such purposes and a performance bond or letter of credit acceptable to the COUNTY or a resolution of the CITY acceptable to the COUNTY indicating that the obligations set forth in the Conceptual Resource or Open Space Park Management Plan will be included within the CITY's 5 Year Capital Improvements Program as set forth within the timeline contained in the Conceptual Resource or Open Space Park Management Plan. If the deed does not contain the required clauses and restrictions because the Site was acquired by CITY prior to CITY entering into this Agreement, the Declaration of Restrictive Covenants or Conservation Easement shall be recorded and provided to the COUNTY prior to the COUNTY reimbursing the CITY. The performance bond, letter of credit or resolution shall guarantee the CITY's performance of the obligations set forth in the Conceptual Resource or Open Space Park Management Plan which will include, at a minimum, securing the site, removing trash and debris, removing invasive exotic species, replanting native vegetation, providing for public access and establishing a timeline for the completion of these activities. [ ] 3.1 COUNTY shall participate in the acquisition by paying to CITY at the time of acquisition up to the grant amount of$ approved by the Land Preservation and Acquisition Advisory Board (LPAAB)and the Broward ® County Commission. The deed shall include such covenants and restrictions as are sufficient to ensure that the use of the Site at all times complies with the Bond Restrictions and contains clauses providing for the conveyance of title to the Site to Broward County in the event of an uncured default by the CITY for failure to use the Site acquired thereby for such purposes. Thirty (30) days prior to the date of the closing, CITY shall provide the COUNTY with a performance bond or letter of credit acceptable to the COUNTY or a resolution of the CITY acceptable to the COUNTY indicating that the obligations set forth in the Conceptual Resource or Open Space Park Management Plan will be included within the CITY's 5 Year Capital Improvements Program as set forth within the timeline contained in the Conceptual Resource or Open Space Park Management Plan. The performance bond, letter of credit or resolution shall guarantee the CITY's performance of the obligations set forth in the Conceptual Resource or Open Space Park Management Plan which will include, at a minimum, securing the site, removing trash and debris, removing invasive exotic species, replanting native vegetation, and providing for public access. [�] 3.1 If the COUNTY has purchased the Site, COUNTY shall ensure that the deed transferring title from the COUNTY to CITY shall contain such covenants and restrictions as are sufficient to ensure that the use of the Site at all times complies with the Bond Restrictions and contains clauses providing for the conveyance of title to the Site to Broward County in the event of an uncured CAF#550 03/17/03 Revised 4 • default by the CITY for failure to use the Site acquired thereby {or such purposes. The COUNTY shall not transfer title of the Site to the CITY until such time as the CITY shall provide the COUNTY with a performance bond or letter of credit acceptable to the COUNTY or a resolution of the CITY acceptable to the COUNTY indicating that the obligations set forth in the Conceptual Resource or Open Space Park Management Plan will be included within the CITY's 5 Year Capital Improvements Program as set forth within the timeline contained in the Conceptual Resource or Open Space Park Management Plan. The performance bond, letter of credit or resolution shall guarantee the CITY's performance of the obligations set forth in the Conceptual Resource or Open Space Park Management Plan which will include, at a minimum, securing the site, removing trash and debris, removing invasive exotic species, replanting native vegetation, providing for public access and establishing a timeline for the completion of these activities. 3.2 In addition to the above requirements, each parcel to which CITY acquires title to the Site shall be subject to such covenants and restrictions as are, at a minimum sufficient to ensure that the use of the Site at all times complies with the applicable trust indenture(s) under which the Bonds are issued and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax-exempt bonds. 3.3 Any payments will be made payable to CITY and forwarded to CITY at: CAF#550 03/17/03 Revised 5 • ARTICLE 4 GENERAL CONDITIONS 4.1 The amount of the performance bond, letter of credit or capital improvement funding shall be determined based upon the site modification requirements set forth within the Conceptual and Final Resource or Open Space Park Management Plan or Conservation Land Ecological Restoration Plan. In the event that CITY fails to perform the obligations set forth within the Conceptual and Final Resource or Open Space Park Management Plan, COUNTY shall be entitled to proceed under Article 8, Default and Remedy provisions of this Agreement. CITY shall ensure that the performance bond or letter of credit remains valid and in full force and effect until CITY's obligation pursuant to the Conceptual and Final Resource or Open Space Park Management Plan or Conservation Land Ecological Restoration Plan is performed. Termination or expiration of the bond or letter of credit prior to CITY's performance of such obligation, or notice to COUNTY that the bond or letter of credit will expire or has been canceled or disaffirmed prior to CITY's satisfaction of its obligations hereunder, shall constitute a default of this Agreement. If a resolution is provided by the CITY, the removal of the obligations set forth in the Conceptual and Final Resource or Open Space Park Management Plan or Conservation Land Ecological Restoration Plan from the CITY's 5 Year Capital Improvements Program before the obligations have been completed shall constitute a default of this • Agreement. In the event of such a default COUNTY shall be entitled to proceed under the Article 8, Default and Remedies provisions of this Agreement. 4.2 Conservation Land and Green Space Sites: CITY agrees to record a Conservation Easement in a form acceptable to the County Attorney's Office limiting the use of the land and containing covenants and restrictions as are sufficient to ensure that the use of the Site at all times complies with the Bond Restrictions and providing for the conveyance of title to the Site to Broward County upon failure of the CITY to use the Site in accordance with such restrictions. If the deed does not contain the required clauses and restrictions because the Site was acquired by CITY prior to CITY entering into this Agreement, the Conservation Easement shall be recorded and provided to the COUNTY prior to the COUNTY reimbursing the CITY. If the deed does contain the above clauses and restrictions, the Declaration of Restrictive Covenants and Conservation Easement shall be recorded and provided to the COUNTY within ninety (90) days from the effective date of this Agreement. The Declaration of Restrictive Covenants and Conservation Easement shall provide for the preservation of the Site as conservation land or green space and for recreational use in perpetuity, 4.3 Open Space Sites: CITY agrees to record a Declaration of Restrictive Covenants in a form acceptable to the County Attorney's Office limiting the use of the land and containing covenants and restrictions as are sufficient to ensure that the use of the . Site at all times complies with the Bond Restrictions and providing for the CAF#550 03/17/03 Revised 6 conveyance of title to the Site to Broward County upon failure of the CITY louse the Site in accordance with such restrictions. If the deed does not contain the required clauses and restrictions because the Site was acquired by CITY prior to CITY entering into this Agreement, the Declaration of Restrictive Covenants shall be recorded and provided to the COUNTY prior to the COUNTY reimbursing the CITY. If the deed does contain the above clauses and restrictions, the Declaration of Restrictive Covenants shall be recorded and provided to the COUNTY within ninety (90) days from the effective date of this Agreement. The Declaration of Restrictive Covenants shall provide for the preservation of the Site as open space and for recreational use in perpetuity. 4.4 Conservation Land and Green Space Sites: 4.4.1 CITY shall prepare a Final Resource Management Plan and submit it to the LPAAB for approval within one (1) year from the date of the title transfer. Upon approval by the LPAAB, the Plan shall be filed with the COUNTY. The Resource Management Plan shall describe management goals and measurable objectives to preserve and enhance the environmental features of the Site and mitigate any potential environmental damage. The Resource Management Plan shall include an implementation schedule detailingCITY's timetable for the enhancement, improvement and preservation activities.The Resource Management Plan shall be consistent with COUNTY standards for Conservation Land/Green Space Sites. Under no circumstances shall organized sports be a permissible activity on the Site. Any proposed use for the Site shall be consistent with the terms and conditions contained in the COUNTY's Land Preservation Bond Program, as set forth in Broward County Resolution No. 2000-1230. 4.4.2 A Conservation Land Ecological Restoration Plan will be prepared by the CITY and submitted for approval to the LPAAB for the ecological restoration of designated Conservation Lands, if present, before any ecological restoration operation or site development is initiated. The Conservation Land Ecological Restoration Plan shall contain an ecological restoration cost projection. After the completion of the ecological restoration operations in accordance with the Conservation Land Ecological Restoration Plan, COUNTY shall reimburse CITY for the costs sustained by CITY to a maximum amount not to exceed $ within ninety (90) days from the reimbursement request. COUNTY shall not make any payments to CITY in advance of the completion of the ecological restoration. 4.5 Open Space Sites: CITY shall prepare a Final Open Space Park Management Plan and submit it to the LPAAB for approval within one (1) year from the date of reimbursement by COUNTY or within one (1) year of the closing if the COUNTY contributed the grant amount at the time of acquisition. Upon approval by the CAF#550 03/17/03 Revised 7 LPAAB, the Plan shall be filed with the COUNTY. The Final Open Space Park Management Plan shall at a minimum set forth how the Site will be used by the CITY, how much land is necessary to be paved for infrastructure and active recreation, a requirement that native trees be used in landscaping, clearing of exotic invasive species and the accessibility of the site to the general public. The Final Open Space Park Management Plan shall describe management goals and measurable objectives. The Final Open Space Park Management Plan shall include an implementation schedule detailing CITY's timetable for the enhancement and improvement activities. The Final Open Space Park Management Plan shall be consistent with COUNTY standards for Open Space Sites. Any proposed use for the Site shall be consistent with the terms and conditions contained in the COUNTY's Land Preservation Bond Program, as set forth in Broward County Resolution No. 2000-1230. 4.6 Any amendment to the Final Resource Management Plan or Conservation Land Ecological Restoration Plan or Final Open Space Park Management Plan shall not be effective until such time as it is mutually agreed upon by the CITY and the Land Preservation and Acquisition Advisory Board and filed with the COUNTY. 4.7 Conservation Land and Green Space Sites: CITY shall manage or cause the Site to be managed in accordance with the approved Final Resource Management Plan • and Conservation Land Ecological Restoration Plan for the conservation, protection and enhancement of natural resources and for passive, natural resource-based public outdoor recreation which is compatible with the conservation, protection and enhancement of the Site, along with other related uses necessary for the accomplishment of this purpose. CITY covenants that CITY will not commit waste to or on the Site, and CITY shall use due care and diligence to prevent others from doing same. CITY covenants to keep and maintain the Site in good order and condition and, furthermore, covenants that CITY shall not commit a nuisance on the Site or knowingly permit others to do so; nor shall CITY itself use the Site for any unlawful purpose, or allow any other person to do so. 4.8 Open Space Sites: CITY shall manage or cause the Site to be managed in accordance with Resolution 2000-1230 adopted by the Board of County Commissioners and the approved Final Open Space Park Management Plan. CITY covenants that CITY will not commit waste to or on the Site, and CITY shall use due care and diligence to prevent others from doing same. CITY covenants to keep and maintain the Site in good order and condition and, furthermore, covenants that CITY shall not commit a nuisance on the Site or knowingly permit others to do so; nor shall CITY itself use the Site for any unlawful purpose, or allow any other person to do so. 4.9 CITY shall not make enhancements at the Site in conflict with the Final Resource or Open Space Park Management Plan as described above. CITY shall notify • COUNTY's Contract Administrator of intended enhancements at the Site, CAF#550 03/17/03 Revised 8 reasonably before implementation of same. CITY shall have all access required for its enhancement responsibilities. COUNTY acknowledges that COUNTY's Contract Administrator may need to assist in resolving any conflicts which may exist between COUNTY departments in order for CITY to properly proceed with enhancements. 4.10 COUNTY agrees that it will join, cooperate and shall execute such reasonable documents as may be required by law in connection with grants of easements or restrictive covenants. The approval of any development or environmental permits by the COUNTY shall be in accordance with applicable laws and ordinances. 4.11 COUNTY staff or its duly authorized representatives shall have the right at anytime to inspect the Site and the operations of CITY at the Site. 4.12 If CITY obtains a grant from an agency of the State of Florida for any portion of the moneys required for the acquisition of the Site or reimbursement of moneys used to acquire the Site, CITY will use its best efforts to ensure that any reverter language required by the State includes a commitment by the State (in the event fee simple title to the Site reverts to the State) that the use of the Site will at all times comply with the applicable trust indenture(s) under which the Bonds are issued and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax-exempt bonds. • 4.13 Any transfer of title of the Site, excluding transfer of title to the State as set forth above, shall be subject to the approval of COUNTY and COUNTY shall enter into a new agreement with the transferee, containing such covenants or clauses, or other restrictions as are sufficient to protect the interests of the Bond holders. 4.14 If the Land Preservation and Acquisition Advisory Board is no longer in existence, the Final Resource Management Plan and/or the Conservation Land Ecological Restoration Plan or Final Open Space Park Management Plan and any amendments to the Plan shall be submitted to the Board of County Commissioners for approval. 4.15 CITY agrees to initiate a land use plan map amendment amending the land use designation of the Site to Recreation and Open Space use. 4.16 CITY shall ensure that all activities on the Site comply with applicable local, state, regional and federal laws and regulations, including zoning ordinances and the CITY and COUNTY comprehensive plans. ARTICLE 5 OBLIGATIONS INCURRED BY CITY AS A RESULT OF BOND PROCEEDS BEING UTILIZED TO PURCHASE SITE CAF#550 03/17/03 Revised 9 5.1 If the Site is to remain subject after its acquisition to any of the below listed activities or interests, CITY shall provide at least sixty (60) days written notice of.any such activity or interest to COUNTY prior to the activity taking place, and shall provide to COUNTY such information with respect thereto as COUNTY reasonably requests in order to evaluate the legal and tax consequences of such activity or interest: 5.1.1 Any lease of any interest in the Site to a non-governmental person or organization. 5.1.2 The operation of any concession on the Site to a non-governmental person or organization. 5.1.3 Any sales contract or option to buy things attached to the Site to be severed from the Site with a non-governmental person or organization. 5.1 .4 Any use of the Site by non-governmental persons other than in such person's capacity as a member of the general public. 5.1.5 A management contract of the Site with a non-governmental person or organization. 5.1.6 Such other activity or interest as may be specified from time to time in writing by COUNTY to CITY. 5.2 CITY agrees and acknowledges that the following transactions, events, and circumstances may not be permitted on the Site as they may have negative legal and tax consequences under Florida Law and federal income tax law. CITY shall provide at least sixty (60) days written notice of any such activity or interest to COUNTY prior to the activity taking place, and shall provide to COUNTY such information with respect thereto as COUNTY reasonably requests in order to evaluate the legal and tax consequences of such activity or interest. 5.2.1 A sale of the Site or lease of the Site to a non-governmental person or organization. 5.2.2 The operation of a concession on the Site by a non-governmental person or organization. 5.2.3 A sale of things attached to the Site to be severed from the Site to a non- governmental person or organization. CAF#550 03/17/03 Revised 10 5.2.4 Any change in the character or use of the Site from that use expected at the date of the issuance of any series of Bonds from the disbursement is to be made. 5.2.5 Any use of the Site by non-governmental persons other than in such person's capacity as a member of the general public. 5.2.6 A management contract of the Site with a non-governmental person or organization. 5.2.7 Such other activity or interest as may be specified from time to time in writing by COUNTY to CITY. 5.3 Delegations and contractual arrangements between CITY and other governmental bodies, not-for-profit entities, or non-governmental persons for use or management of the Site will in no way relieve CITY of the responsibility to ensure that the conditions imposed herein on the Site as a result of utilizing Bond proceeds to acquire the Site are fully complied with by the contracting party. ARTICLE 6 IMPROVEMENT, OPERATION • AND MANAGEMENT RESPONSIBILITIES 6.1 COUNTY and CITY agree that CITY shall be solely responsible for the improvement, operation and management of the Site in accordance with the terms of this Interlocal Agreement and the Final Resource or Open Space Park Management Plan. 6.2 CITY agrees that the Site and all its facilities and amenities will be available to all residents of Broward County for activities set forth within this Agreement and that any entrance, user or other fees or conditions assessed by CITY will be identical for all residents of Broward County. 6.3 COUNTY agrees to provide CITY with technical assistance in the implementation of the Final Resource or Open Space Park Management Plan for the utilization of the Site, if requested by CITY at no cost to CITY. 6.4 CITY agrees to provide access to COUNTY personnel to provide, if COUNTY so desires, the public with nature interpretation programs. 6.5 CITY shall be solely responsible to obtain and shall promptly pay all charges for telephone, gas, water, electricity, sewage, garbage removal and any other utility used or consumed at the Site. CAF#550 03/17/03 Revised 11 6.6 COUNTY shall monitor the Site for compliance with the provisions of the Final Resource or Open Space Park Management Plan for a period of five (5)years from the date of the mutual acceptance and approval of the Final Resource or Open Space Park Management Plan. 6.7 CITY shall submit an annual report to the COUNTY indicating all operations, enhancements, and site development which occurred during the previous year fora period of five (5) years. 6.8 CITY shall, through its agents and employees, prevent the unauthorized use of the Site or any use thereof not in conformity with the Conceptual and Final Resource or Open Space Park Management Plan. 6.9 If the CITY is the recipient of a grant jointly with Broward County for this project, the CITY, as manager of the site, shall be responsible for compliance with all requirements of the grant agreement including, but not limited to, management plan implementation, appropriate site management, site monitoring and preparation of all reports required by the granting agency in compliance with the agency's time frames as established in the management plan. The CITY shall submit a copy of the annual Agency report to the COUNTY. If this report adequately provides the requested information of Section 6.7 above, then the annual report submitted to the Agency ® may replace the annual report required by the County. ARTICLE 7 CONSTRUCTION OF ENHANCEMENTS 7.1 CITY agrees to include the following language in any contract it enters into with selected contractor(s) [said contractor(s) referred to as "CONTRACTOR"]engaged to complete any improvements contemplated by this Interlocal Agreement: GENERAL INDEMNIFICATION: CONTRACTOR shall indemnify and hold harmless COUNTY and CITY, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this Agreement. Except as specifically provided herein,this Agreement does not require CONTRACTOR to indemnify COUNTY or CITY, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding. These indemnifications shall survive the term of this Agreement. In the event that any action or proceeding is brought against COUNTY or CITY by reason of any such claim or demand, CONTRACTOR shall, CAF#550 03/17/03 Revised 12 upon written notice from COUNTY, resist and defend such action or proceeding by counsel satisfactory to COUNTY. The indemnification provided above shall obligate CONTRACTOR to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at COUNTY's and CITY's option, any and all claims of liability and all suits and actions of every name and description covered by the above provisions which may be brought against COUNTY or CITY whether performed by CONTRACTOR, or persons employed or utilized by CONTRACTOR. Nothing contained herein is intended nor shall it be construed to waive CITY's and COUNTY's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 7.2 CITY agrees to include in its agreement with any successful contractor(s) the requirement that the contractor(s) maintain at least the following insurance requirements throughout the term of the Agreement and further agrees to provide to COUNTY, prior to commencement of any improvements at the Site, Certificates of Insurance evidencing the CONTRACTOR's compliance with the requirements of this • section: INSURANCE REQUIREMENTS: A. Without limiting any of the other obligations or liabilities of CONTRACTOR, CONTRACTOR shall provide, pay for and maintain in force until all of its work to be performed under this Interlocal Agreement has been completed and accepted by CITY (for such duration as is otherwise specified hereinafter), the insurance coverages set forth herein: 1. Workers' Compensation Insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) must include: a. Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. b. If any operations are to be undertaken on or about navigable waters, coverage must be included for the U.S. Longshoremen and Harbor Workers Act and Jones Act. CAF#550 03/17/03 Revised 13 2. Comprehensive General or Commercial Liability with minimum limits of Five Hundred Thousand Dollars ($500,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General or Commercial Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: a. Premises and/or Operations. b. Independent Contractors. C. Products and/or Completed Operations. d. Explosion, Collapse and Underground Coverages. e. Broad Form Property Damage. f. Broad Form Contractual Coverage applicable to this specific Interlocal Agreement, including any hold harmless and/or indemnification agreement. g. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. h. COUNTY is to be expressly included as an "Additional Insured" in the name of the "Board of County Commissioners of Broward County, Florida" with respect to liability arising out of operations performed for CITY by or on behalf of CONTRACTOR or acts or omissions of COUNTY or CITY. 3. Business Automobile Liability with minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: a. Owned Vehicles. b. Hired and Non-Owned Vehicles. CAF#550 03/17/03 Revised 14 B. If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished thirty (30) days prior to the date of their expiration. C. Notice of Cancellation and/or Restriction -The Certification of Insurance will reflect thirty (30) days prior notice of cancellation and/or restriction to the COUNTY and CITY. D. The CONTRACTOR shall furnish to the CITY's Risk Management Department Certificates of Insurance or endorsements evidencing the insurance coverage specified above within fifteen (15) calendar days after notification of award. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Interlocal Agreement and state that such insurance is as required by this Interlocal Agreement. E. CONTRACTOR shall not commence work under the Interlocal Agreement until after it has obtained all the minimum insurance herein described and the policies of such insurance detailing the provisions of coverage have been received and approved by CITY. CONTRACTOR shall not permit any subcontractor to begin work until after similar minimum insurance to cover the subcontractor has been obtained and approved. ® 7.3 CITY agrees that prior to commencement of any construction at the Site, CITY through its contractor(s), shall deliver or cause to be delivered to COUNTY one or more Payment and Performance Bond(s) ("Bond")for the Project naming COUNTY and CITY as dual obligees in said Bond; which Bond shall be in an amount at least equal to one hundred percent (100%) of the contract price. 7.4 CITY shall ensure that all warranties and guarantees for any construction, workmanship and/or materials and equipment constructed, installed and/or affixed on the Site, shall run to both CITY and COUNTY. ARTICLE 8 DEFAULT AND REMEDIES 8.1 COUNTY shall have the right at any time to inspect the Site described herein in order to determine compliance with this Interlocal Agreement. In the event that CITY is engaging in or allowing others to engage in Disallowable Activities on the Site, CITY agrees to immediately cease or cause the cessation of the Disallowable Activity upon receipt of written notice from the COUNTY. In the event that either party fails to keep and perform any essential term or condition of this Interlocal Agreement, the other party shall provide written notice requiring the satisfactory and immediate correction of that failure within ninety (90) days. If the failure is not CAF#550 03/17/03 Revised 15 remedied within said ninety (90) days to the satisfaction of the other party, this occurrence shall be deemed to be an event of default. 8.2 Both parties acknowledge and agree that, in the event that the CITY fails to materially comply with the covenants and restrictions as are sufficient to ensure that the use of the Site at all times complies with the Bond Restrictions set forth with the deed, the Declaration of Restrictive Covenants and/or Conservation Easement, such failure shall be deemed a default and if CITY fails to remedy the default within the time frame set forth above, CITY shall transfer fee simple title of the Site to the COUNTY within sixty (60) days of the date of the COUNTY requests transfer of the Site. If CITY obtained a grant from an agency of the State of Florida for any portion of the moneys required for the acquisition of the Site or reimbursement of moneys used to acquire the Site and the State of Florida has also declared CITY to be in default, the provisions of the agreement entered into between CITY and the State of Florida shall prevail. 8.3 If CITY provided a bond or letter of credit, both parties acknowledge and agree that, in the event that the CITY fails to materially comply with the obligations set forth within the Conceptual or Final Resource or Open Space Park Management Plan or the Conservation Land Ecological Restoration Plan, such failure shall be deemed a default and if CITY fails to remedy the default within the time frame set forth above, COUNTY shall draw on the bond or the letter of credit. If the COUNTY draws against the bond or letter of credit, CITY agrees that COUNTY shall have the authority to perform such obligations utilizing the funds obtained from the bond or letter of credit. 8.4 If CITY provided a resolution indicating that the obligations set forth in the Conceptual Resource or Open Space Park Management Plan will be included within the CITY's 5 Year Capital Improvements Program, both parties acknowledge and agree that, in the event that the CITY fails to materially comply with the obligations set forth within the Conceptual or Final Resource or Open Space Park Management Plan or the Conservation Land Ecological Restoration Plan, such failure shall be deemed a default and if CITY fails to remedy the default within the time frame set forth above, CITY shall transfer fee simple title of the Site to the COUNTY within sixty (60) days of the date of the COUNTY requests transfer of the Site. 8.5 In the event of any default or breach of any of the terms of this Interlocal Agreement, it is specifically acknowledged and agreed that either party shall, in addition to all other remedies which may be available in law or equity, have the right to enforce this Interlocal Agreement by specific performance, injunctive relief, prohibition or mandamus to compel the other party to abide by the terms of this Interlocal Agreement. • ARTICLE 9 CAF#550 03/17/03 Revised 16 INDEMNIFICATION CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and COUNTY is a political subdivision of the State of Florida. Each agrees to be fully responsible for acts and omissions of their elected officials, agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 10 MISCELLANEOUS 10.1 Joint Preparation: The preparation of this Interlocal Agreement has been a joint effort of the parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 10.2 Entire Agreement and Modification: This Interlocal Agreement incorporates, supersedes and includes all prior negotiations, correspondence, conversations, agreements or understanding applicable to the matter contained herein. It is further " agreed that no change, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 10.3 Records: In accordance with the Public Records Law, CITY agrees to permit COUNTY to examine all records and grants COUNTY the right to audit any books, documents and papers that were generated during the course of administration of the Site. CITY shall maintain the records, books, documents and papers associated with this Interlocal Agreement for at least three (3) years following execution of this Interlocal Agreement. 10.4 Contract Administrator: The Contract Administrators for this Interlocal Agreement are the Biological Resources Division Director or designee for COUNTY, and CITY Manager or designee for CITY. In the administration of this Interlocal Agreement, as contrasted with matters of policy, all parties may rely upon instructions or determinations made by the respective Contract Administrators. 10.5 Recordation/Filing: This Agreement shall be recorded in the public records of Broward County, in accordance with the Florida Interlocal Cooperation Act of 1969. 10.6 Notices: Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place for giving of notice shall remain such until it shall have been changed by CAF#550 03/17/03 Revised 17 written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: FOR COUNTY: Director Broward County Biological Resources Division 218 SW 1 st Avenue Fort Lauderdale, Florida 33301 FOR CITY: City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania, Florida 33004 10.7 Choice of Law; Waiver of Jury Trial: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue situs, and shall • be governed by the laws of the State of Florida. To encourage prompt and equitable resolution of any litigation that may arise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 10.8 Conflict: In the event that this Interlocal Agreement conflicts with any other agreement or document pertaining to permissible uses of the Site, CITY and COUNTY agree that the terms and conditions contained in this Interlocal Agreement shall prevail. 10.9 Counterpart Originals: The parties agree that this Agreement may be executed in counterparts, and that collectively the counterparts shall be considered an original agreement and shall be deemed legally sufficient and binding upon the parties. CAF#550 03/17/03 Revised 18 IN WITNESS WHEREOF, the parties have made and executed this Irterlocal Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Mayor or Vice- Mayor, authorized to execut me by Board action on the 13" of , 20>`f , and - o-c�-- , signing by and through its jet,, rn m • my authorized to execute same. IT COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Ile County Administrator and ,, y ., Ex-Officio Clerk of s,,� G k a Mayor the Board of County Commissioners of Browar " County, Florida <> Yam`, day of , 20 D `4 *Proved as to form by 4w 64i1115 U::;IA:;iLl•i Office of County Attorney Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-6968 By 414--t-21Z .r' Deputy County Attorney Is CAF#550 03/17/03 Revised 19 INTERLOCAL AGREEMENT FOR ACQUISITION, IMPROVEMENT/ENHANCEMENT, OPERATION AND MANAGEMENT BY CITY OF CONSERVATION LAND, GREEN SPACE AND OPEN SPACE SITES. CITY WITNESSES: CITY OF DANIA BEACH By Mayor-Commissioner i t N. day of c, jzti c c 20 C- ATTEST: B /� y CITY Manager TY Clerk 7z 0 kday of ,c,E�,� ,�� 20 ! (CORPORATE SEAL) APPROVED AS TO FORM: 4 BY ITY Attorney • CAF#550 03/17/03 Revised 20 EXHIBIT "A" LEGAL DESCRIPTION OF SITE LOT 8, SOUTH OF CANAL IN BLOCK 4, SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST OF MARSHALLS EVERGLADES SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID LAND LYING, SITUATE AND BEING IN BROWARD COUNTY, FLORIDA. CAF#550 03/17/03 Revised 21 EXHIBIT "B" CONCEPTUAL RESOURCE MANAGEMENT PLAN OR OPEN SPACE PARK MANAGEMENT PLAN • CAF#550 03/17/03 Revised 22 EXHIBIT "B" CONCEPTUAL RESOURCE MANAGEMENT PLAN Between BROWARD CC 'TY and CITY OF DANIA BEACH for IMPROVEMENT/ ENHANCEMENT/OPERATION / MANAGEMENT BY THE CITY OF DANIA BEACH OF THE GREEN SPACE SITE REFERRED TO AS SITE 449 AS DESIGNATED IN THE BROWARD COUNTY LAND PRESERVATION INVENTORY Updated: DECEMBER 2003 Page 1 of 4 ® I INTRODUCTION Site 449 is located at the 2500 block of NW 45th Street in the City of Dania Beach. This 5± acre site consists of a remnant live oak hammock, small pond containing sea grasses and mangrove shoreline and a shallow connection to the Dania cutoff Canal. The property does not contain a seawall along the Dania Cutoff Canal nor is this structure planned or suggested for the site. This management plan shall ensure that the goals and objectives of Broward County Resolution 2000-1230 are satisfied and provide a timeline for completion of required improvements. 11 PURPOSE OF THE PROJECT The primary goal of the Land Preservation Program is to ensure the preservation and/or creation of ecologically valuable lands while expanding the passive recreation opportunities for the residents of Broward County. This project shall incorporate these values in the planning, implementation, maintenance and operation of the site. The project consists of approximately 80% coverage of waterway including the mangrove shoreline and connection to the Dania cutoff canal and 20% coverage of a remnant live oak hammock. Exotic vegetation and any dumping will be cleared from the site and a fence will be installed to inhibit dumping. Two or more resource-based outdoor recreational opportunities shall be developed including but not limited to: nature trails and pedestrian access to Dania cutoff canal. The facilities shall be designed and located so as to minimize impact to the natural resources on the project site. These recreational opportunities shall be provided consistent with the integration of the project into the City's five-year Capital Improvement Plan and the Final Resource Management Plan. III KEY MANAGEMENT ACTIVITIES Exotic Vegetation The City, as manager of the site, shall be responsible for the removal of all invasive exotic vegetation and the prevention of future growth and spread of such vegetation. Once the site has been developed, the City shall ensure that exotic vegetation does not reestablish within natural areas of the park. An ongoing monitoring and control program for invasive vegetation including exotic and nuisance plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The Final Resource Management Plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. Page 2 of 4 Native Vegetation Existing native vegetation shall be preserved and incorporated into the park landscape design. Any landscaping of the site shall include only native species indicative to the current natural resources. Native grasses will be planted along the shoreline following the removal of the Australian pines to prevent erosion. Xeriscape design shall be used where appropriate. The location of this landscaping shall be determined by the City and depicted in the Final Resource Management Plan which shall contain a list of the native species anticipated to be used in landscaping and a map of the landscaped portions of the site. Erosion Prevention Following the removal of exotic invasive species along shoreline on the project site, vegetation and other erosion barriers, where necessary, will be installed to prevent erosion. Illegal Dumping Prior to site development, the City shall ensure that illegal dumping of waste does not occur on the site and if such activity does occur, it is the City's responsibility to remove and properly dispose of such items. If hazardous materials are discovered on the site, the City shall immediately notify the Broward County Department of Planning and Environmental Protection (DPEP). Archaeological Features Prior to commencement of any proposed development activities, measures shall be taken to determine the presence of archaeological sites. Public Access Once the site has been fully developed, the City shall allow public access to the site during hours of operation determined by the City. Signage The City shall install a temporary sign, at the City's expense, the design and schematics of which shall be provided by the County, in a highly visible area of the project site recognizing the efforts of the Broward County Board of County Commissioners and funding through the Safe Parks and Land Preservation Bond. Upon completion of the project, the City shall construct and install a permanent sign, at the City's expense, in accordance with the aforementioned standards. Page 3 of 4 V PRIORITY SCHEDULE Within six (6) months of the transfer of title from the County to the City the City shall install the temporary sign. Within eighteen (18) months of the transfer of title from the County to the City the City shall remove any existing waste from the site. The City shall ensure that future illegal dumping of waste does not occur on the site through a monitoring and security program. If such activity does occur, the City shall be responsible for removing and properly disposing of such waste. The invasive vegetation control program shall be initiated by the City within eighteen (18) months after the transfer of title. Invasive exotics currently present at the project site shall be eliminated on a schedule outlined in the final Resource Management Plan and be consistent with the project's integration into the City's five-year Capital Improvement Plan. The landscaping with native plants shall be completed on a schedule outlined in the Final Resource Management Plan and be consistent with the project's integration into the City's five-year Capital Improvement Plan, but shall begin no later than one (1) year after the initiation of the exotic plant control program. Within two (2) years of the transfer of title from the County to the City the City shall integrate the major elements of the project into the City's five-year Capital Improvement Plan. The major elements of the project that are to be integrated include, but are not limited to, securing the site, removing invasive exotic plant species and landscaping with native species, developing park infrastructures, removing existing waste and establishing a timeline to provide public access. These elements shall be completed on a schedule outlined in the Final Resource Management Plan. VI MONITORING The County shall monitor the site for compliance with the provisions of the final Resource Management Plan for the period of five (5) years from the date of the mutual acceptance of and approval of the final Resource Management Plan. The City shall allow County staff access onto the property during these visits. Pa-e 4 of 4 Return recorded document to: Dept. of Planning and Environmental Protection INSTR#103918OS8 Land Preservation Section OR BK 37294 Pages 1505-1511 RECORDED 0422104 10:01:28 218 SW 1st Avenue BROWARD COUNTY COMMISSION Ft. Lauderdale, FL 33301 DEPUTY CLERK 1033 #2,7 Pages Document prepared by: Sharon L. Cruz, Deputy County Attorney Suite 423, Governmental Center 115 South Andrews Avenue Fort Lauderdale, FL 33301 DEED OF CONSERVATION EASEMENT QTHIS DEED OF CONSERVATION EASEMENT is given this 1 3""' day of PNI- , 20 04, by City of Dania Beach (the GRANTOR) to Broward Courity, a political subdivision of the State of Florida, its successors and assigns (the GRANTEE), whose post office is 115 South Andrews Avenue, Suite 423, Fort Lauderdale, Florida 33301. W I T N E S S E T H WHEREAS, the GRANTOR is the owner of certain lands situated in Broward County, Florida, and more specifically described in Exhibit "A," attached hereto and incorporated herein by reference and referred to herein as the PROPERTY; and WHEREAS, the PROPERTY was acquired in whole or in part through Broward County's Conservation, Green Space and Open Space Land Acquisition Bond Program; and WHEREAS, the PROPERTY possesses natural, scenic and ecological value of great importance to GRANTORS and the people of Broward County; and WHEREAS, the PROPERTY has conservation values that both the GRANTOR and GRANTEE desire to preserve and conserve for the public benefit; and WHEREAS, the use of the PROPERTY shall be in accordance with the provisions of the terms and conditions contained in the Broward County's Land Preservation Bond Program, as set forth in Broward County Resolution No. 2000-1230 and the Interlocal Agreement ("Agreement") entered into between Broward County and the City of Dania Beach for the Acquisition, Improvement/Enhancement, Operation and Management of Conservation Land, Green Space and Open Space Sites approved by the Broward County Board of County Commissioners on the day of , 20 , NOW, THEREFORE, in consideration of the monies received from GRANTEE as part of the Broward County's Conservation, Green Space and Open Space Land Acquisition Bond Program, GRANTOR hereby grants, creates, and establishes a perpetual CAF#551 1 03/17/03 Revised Conservation Easement for the GRANTEE upon the PROPERTY which shall run with the property as described in Exhibit "A" and be binding upon the GRANTOR, its agents, successors or assigns, and shall remain in full force and effect in perpetuity. 1. It is the purpose of the Conservation Easement to retain land and water of the PROPERTY in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. It is the purpose and intent of this Conservation Easement to assure that the PROPERTY will be retained and maintained forever predominantly in the native vegetative and hydrologic condition required by the final Resource Management Plan and the Conservation Land Ecological Restoration Plan (collectively "Plans") approved by the Land Preservation and Acquisition Advisory Board and/or the Broward County Board of County Commissioners. 2. To carry out this purpose, the following rights are conveyed to GRANTEE by this easement: (a) To enter upon the PROPERTY in a reasonable manner and at reasonable times with any necessary equipment or vehicles to ensure compliance and to enforce the rights herein granted. (b) To enjoin any activity on or use of the PROPERTY that is inconsistent with this Conservation Easement and to enforce the restoration of such areas or features of the PROPERTY that may be damaged by any inconsistent activity and/or use. GRANTEE shall be entitled to recover the cost of restoring the land to the natural vegetative and hydrologic condition required by the ® aforementioned "Plans." These remedies are in addition to any other remedy, fine or penalty which may be available by law or by the "Agreement." 3. Except for the restoration, creation, enhancement, maintenance, and monitoring activities and other activities and improvements related to the PROPERTY that are permitted or required by the "Plans," the following activities are prohibited in or on the PROPERTY, to wit: (a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground except for those which are included within the approved "Plans"; (b) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; (c) Removal or destruction of trees, shrubs, or other vegetation, except for the removal of nuisance and exotic vegetation as approved by Broward County Department of Planning and Environmental Protection; CAF#551 2 03/17/03 Revised (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; ® (e) Surface use except for purposes that permit the land or water area to remain in its natural condition; (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation; including but not limited to ditching, diking and fencing; (g) Acts or uses detrimental to said aforementioned retention and maintenance of land or water areas; and (h) Acts or uses detrimental to the preservation of any features or aspects of the PROPERTY having historical, archeological or cultural significance. (i) No use of the PROPERTY shall be allowed which is inconsistent with the intent and purpose of this Declaration of Restrictive Covenants and the "Agreement." 4. GRANTOR reserves all rights as owner of the PROPERTY, including the right to engage in uses of the PROPERTY that are not prohibited herein and which are not inconsistent with the intent and purpose of this Conservation Easement and the "Agreement." ® 5. Any right of access by the general public to the PROPERTY shall be in accordance with the "Plans" approved by the Land Preservation Advisory and Acquisition Board or the Broward County Board of County Commissioners. 6. GRANTEE shall not be responsible for any costs or liabilities related to the operation, upkeep and maintenance of the PROPERTY. 7. The terms and conditions of this Conservation Easement may be enforced by the GRANTEE by injunctive relief and other available remedies included in the "Agreement." Any costs, including but not limited to reasonable attorney's fees and administrative, trial and appellate court costs which are incurred in enforcing, judicially or otherwise, the terms and restrictions of this Conservation Easement, shall be borne by and recoverable against the non-prevailing party in such proceedings. In any action in which the GRANTEE prevails,the GRANTEE shall be entitled to recover the cost of restoring the PROPERTY to the native vegetative and hydrologic condition required by the aforementioned "Plans." Venue for said actions shall be exclusively in the Seventeenth Judicial Circuit, in and for Broward County, Florida. These remedies are in addition to any other remedy, fine or penalty which may be otherwise provided by law or by the "Agreement." CAF#551 3 • 03/17/03 Revised 8. Enforcement of the terms and provisions of the Conservation Easement shall be at the reasonable discretion of GRANTEE, and any forbearance on behalf of GRANTEE to exercise its rights hereunder in the event of any breach hereof by • GRANTOR, shall not be deemed or construed to be a waiver of GRANTEE'srights hereunder. 9. GRANTEE will hold this Conservation Easement exclusively for conservation purposes. GRANTEE will not assign its rights and obligations under this Conservation Easement except to another organization qualified to hold such interests under the applicable state laws. 10. GRANTOR's obligation to retain and maintain the PROPERTY forever predominantly in the native vegetative and hydrologic condition as herein specified shall run with the PROPERTY, and shall be binding upon the GRANTOR, its successors or assigns and shall inure to the benefit of the GRANTEE, and its successors and assigns as more particularly set forth herein. The intent of this Conservation Easement is that the responsibilities and liabilities associated with the Conservation Easement shall run with the PROPERTY, and be binding upon the fee simple title holder of the PROPERTY as required hereunder. 11. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 12. All notices, consents, approvals or other communications hereunder shall be in • writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in- interest. 13. The terms, conditions, restrictions and purpose of this Conservation Easement shall be inserted by GRANTOR in any subsequent deed or other legal instrument by which GRANTOR conveys and/or divests itself of any interest in the property described in Exhibit "A." Any transfer of title of the PROPERTY, excluding transfer of title to the State of Florida, shall be subject to the approval of GRANTEE. Any future holder of the GRANTOR's interest in the property described in Exhibit "A" shall be notified in writing by GRANTOR of this Conservation Easement. 14. This Conservation Easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their assigns and successors-in- interest, which shall be filed in the Public Records of Broward County. TO HAVE AND TO HOLD unto. GRANTEE, its successors and assigns forever. This Conservation Easement shall be recorded in the Public Records of Broward County and the covenants, terms, conditions, restrictions and purpose imposed with this Conservation Easement shall not only be binding upon GRANTOR, but also its agents, CAF#551 4 • 03/17/03 Revised successors and assigns, and shall continue as a servitude running in perpetuity with the property described in Exhibit"A." This Conservation Easement shall not be recorded in the Public Records until after its formal acceptance by the Broward County Board of County Commissioners. GRANTOR hereby covenants with said GRANTEE that GRANTOR is lawfully seized of said "Property" in fee simple; that the "Property" is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement; that GRANTOR has good right and lawful authority to convey this Conservation Easement; and that it hereby fully warrants and defends the title to this Conservation Easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, has hereunto set its authorized hand this day of 20 WITNESSES: CITY OF DANIA BEACH By Mayor-Commissioner / day 0OILL 20 ATTEST: 7 l By City Clerk �( - City Manager (CORPORATE SEA Z� / day of 20 APPROVED AS TO FORM: u City A omey • CAF#551 03/17/03 . ._ ACCEPTANCE BY BROWARD COUNTY iThe Broward County Board of County Commissioners hereby accepts this Conservation Easement. ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS _ A County Administrator and By-- Ex-Officio Clerk of Mayor the Board of County Commissioners of Broward County, Florida 13� day of , 20 . Approved as to form by Goa Mt3% Office of County Attorney °'° � Broward County, Florida EDWARD A. DION, County Attorney Governmental Center, Suite 423 ��'kk 115 South Andrews Avenue A. Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 c .,✓�f�r .b�Y •!''A•:;,. L{' Telecopier: (954) 357-6968 I 1 By A -sistafit County Attorney • CAF#551 6 03/17/03 Revised EXHIBIT "A" • LEGAL DESCRIPTION OF PROPERTY LOT 8, SOUTH OF CANAL IN BLOCK 4 , SECTION 29 , TOWNSHIP 50 SOUTH, RANGE 42 EAST OF MARSHALLS EVERGLADES SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 , PAGE 32 , OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID LAND LYING, SITUATE AND BEING IN BROWARD COUNTY, FLORIDA. • CAF#551 7 03/17/03 Revised BR) RD couNrt Rolect funded With Sate Parks a Land Preservation fond Partners City of Dania Beach Broward CoUntV hoard of CauntV Commissioners • �r y mono co i a g i = 5 I NOW i N 4001 irs Tr o CIS O 0 do > ► of ° GO a � Q M Q SAW i 4L.b d EMS to . e i gam ` 10 � � I I i _ M pill M