HomeMy WebLinkAboutR-1998-014 RESOLUTION NO. 19-98
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE
REVISED FORM DEED OF CONSERVATION EASEMENT FROM THE CITY
OF DANIA TO BROWARD COUNTY AND SOUTH FLORIDA MANAGEMENT
DISTRICT FOR ENHANCEMENT AND PRESERVATION OF WETLANDS
AREA ADJACENT TO THE BASS PRO DEVELOPMENT PROJECT;
AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE
CONSERVATION EASEMENT; PROVIDING THAT ALL RESOLUTIONS OR
PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO
THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania city commission on June 10, 1997, approved
by Resolution No. 82-97, a Form Deed of Conservation Easement from
the City of Dania to Broward County and the South Florida Water
Management District for enhancement and preservation of a wetlands
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area adjacent to the Bass Pro Development Project; and
WHEREAS, the revised agreement has incorporated the Broward
County Department of Resource Protection license which authorizes
the permitted impacts to the wetlands on the project site; and
WHEREAS, the revised agreement has incorporated the South
Florida Water Management District permit which authorizes certain
activities which effect surface waters within the wetlands area on
the project site.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the revised Form Deed of Conservation
Easement from the City of Dania to Broward County and the South
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{ Florida Water Management District for enhancement and preservation
..�' of the wetlands area adjacent to the Bass Pro Development Project,
a copy of which .is attached hereto and made a part hereof as
Exhibit "A", be and is hereby approved and the appropriate city
officials are hereby directed to execute same.
Section 2 . That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent
of such conflict .
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Section 3 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS LOTH DAY OF FEBRUARY, 1998 .
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XAYOR-40MMIS ER
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ATTEST :
/01
CLERK-AU TOR �—
APPR VV S TO RM AND CORRECTNESS:
CITY ATT RNEY
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- This instrument prepared by:
Stephen V.Hoffman
Mastriena&Christiansen,P.A.
2750 North Federal Highteay
Fort Lauderdale,Florida 33066
(954)566-1234
JOINT FORM DEED OF CONSERVATION
EASEMENT AND AGREEMENT
THIS DUD OF CON VATION EASEMENT("Conservation Easement")is given this
10 day of� l$PITY OF DANIA, a municipal corporation of the State of Florida,
100 W. Dania Beach Boulevard, Dania, Florida 33004 ("Grantor") to the SOUTH FLORIDA
WATER MANAGEMENT DISTRICT,3301 Gun Club Road,West Palm Beach, Florida 33406, and
to BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns
(collectively referred to as "Grantee"), whose post office is 115 South Andrews Avenue, Suite 423,
Fort Lauderdale, Florida 33301.
WITNESSETH
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 Grantor desires to facilitate the corunucdon of the Bass Pro Outdoor World
/ Sportsman's Park ("Project") on lands adjacent to the Property, which Project is subject to the
regulatory jurisdiction of the South Florida Water Management District("District") and the Broward
j County Department of Natural Resource Protection ("DNRP"); and
WHEREAS,DNRP License No. DF97-1079("DNRP License") and District-Permit No. 96-
1203-7("District Permit") authorizes impacts to wetlands on the Project site; and
WHEREAS, the Grantor has developed and proposed as part of the license and permit
conditions a conservation tract, as described in Exhibit A attached hereto and incorporated by
reference("Conservation Area"), involving creation, restoration, enhancement and/or preservation
of the wetland systems on the Conservation Area; and
WHEREAS,the Grantor,in consideration of the consent granted by the DNRP License and
District Permit is agreeable to granting and securing to the Grantee a perpetual Conservation
Easement as defined in Section 704.06,Florida Statutes(1995), over the Conservation Area.
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EXHIBIT
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NOW, THEREFORE, in consideration of the issuance of the DNRP License and District
Permit, to construct and operate the Project, Grantor hereby grants, creates, and establishes a
perpetual Conservation Easement for the Grantee upon the Conservation Area which shall run with
the Property as described in Exhibit A, and be binding upon the Grantor, its heirs, successors or
assigns (hereinafter"Grantor"), and shall remain in full force and effect forever.
The scope, nature, and character of this Conservation Easement shall be as follows:
1. It is the purpose of the Conservation Easement to retain land and/or water of the
Conservation Area 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 Conservation Area
(with the exception of included wetlands which are to be enhanced, restored, or created as
specified in the aforementioned DNRP License and District Permit) will be retained and
maintained forever predominantly in the natural vegetative and hydrologic condition existing
at the tune of execution of this Conservation Easement. The included wetlands which are to
be enhanced, restored, or created shall be maintained forever in the enhanced, restored, or
created conditions required by the DNRP License and District Permit. To carry out this
purpose, the following rights are conveyed to Grantee by this easement:
(a) To enter upon the Conservation Area in a reasonable manner and at reasonable times
with any necessary equipment or vehicles to ensure compliance and to enforce the
rights herein granted, and to cross such portions of the property as reasonably
necessary to exercise such right.
(b) To enjoin any activity on or use of the Conservation Area that is inconsistent with this
Conservation Easement and to enforce the restoration of such areas or features of the
Conservation Area 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 existing at the time of execution of this
Conservation Easement or to the vegetative and hydrologic condition required by the
aforementioned DNRP License and District Permit, whichever enhancement is the
most environmentally desirable to Grantee. These remedies are in addition to any
other remedy, fine or penalty which may be applicable under Chapter 27, froward
County Code of Ordinances, Chapter 373,Florida Statutes, or otherwise which may
be available by law.
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2. Except for the restoration,creation, enhancement,maintenance, and monitoring activities and
other activities and improvements related to the Conservation Area that are permitted or
required by the DNRP License and District Permit, the following activities are prohibited in
or on the Conservation Area, to wit:
(a) Construction or placing of buildings, roads, signs, billboards or other advertising,
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utilities, or other structures on or above the ground;
(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;
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(c) Removal or destruction of trees, shrubs, or other vegetation, except for the removal
of nuisance and exotic vegetation as approved by DNRP and District;
(d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material
substance in such manner as to affect the surface;
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(e) Surface use except for purposes that permit the land or water area to remain in its
natural condition;
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j (1) 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
Conservation Area having historical, archeological or cultural significance.
3. Grantor reserves all rights as owner of the Conservation Area, including the right to engage
in uses of the Conservation Area that are not prohibited herein and which are not inconsistent
iwith the intent and purpose of this Conservation Easement.
4, No right of access by the general public to any portion of the Conservation Area is conveyed
by this Conservation Easement.
5. Grantee shall not be responsible for any costs or liabilities related to the operation,upkeep
and maintenance of the Conservation Area and Grantor does hereby indemnify and hold
harmless the Grantee from the same.
6. Grantor shall pay any and all real property taxes and assessments levied by competent
authority on the Conservation Area.
7. The terms and conditions of this Conservation Easement may be enforced by the Grantee by
injunctive relief and other appropriate available remedies. 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 home by and recoverable against the non-prevailing party in such
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proceedings. In any action in which the Grantee prevails, the Grantee shall be entitled to
recover the cost of restoring the Conservation Area to the natural vegetative and hydrologic
l condition existing at the time of execution of this Conservation Easement or to the vegetative
and hydrologic condition required by the aforementioned DNRP License and District Permit.
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 applicable under Chapter 27 of the Broward County Code of Ordinances,
Chapter 373, Florida Statutes, or as otherwise provided by law.
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's rights 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. Grantors obligation to retain and maintain the Conservation Area forever predominantly in
the vegetative and hydrologic condition as herein specified shall run with the Property
described in Exhibit A, and shall be binding upon the Grantor, its heirs, 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 described in Exhibit A, and be binding solely upon the fee simple title holder of the
Property as required hereunder.
II. 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 and 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 divests
itself of any interest in the Property. Any future holder of the Grantor's interest in the
Property 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 heirs, assigns and successors-in-interest, which
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shall be filed in the public records of Broward County.
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TO HAVE AND TO HOLD unto Granter, 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,heirs,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
I County Board of County Commissioners.
j Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Conservation Area in fee simple;that the Conservation Area is fiee and clear of all encumbrances that
are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or
subordinated; that Grantor has good right and lawU authority to Cornrey 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, the CITY OF DANIA has hereunto set its authorized hand this
10 day of February 1998 .
Signed, sealed and delivered
in the presence of GRANTOR:
CITY OF DANIA
By:
Attest: Print Name:
Title:
Date:
City Clerk- Auditor
� Approved as to form and correctness:
by:
City Manager
By:
City Attorney
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ACCEPTANCE BY BROWARD CODNn
The Broward County Board of County Commissioners hereby accepts this Conservation
Easement.
ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY
COMMISSIONERS
By:
(Chair)
Name:
County Administrator and ex-ofticio Clerk of the Board
of County Commissioners of Broward County,Florida
Date:
Approved as to form by Office of County Attorney,
Broward County,Florida
JOHN J. COPELAN,JR-, County Attorney
Governmental Center; Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954)357-7600
Telecopier: (954)357-7641
By.
Name:
Title:
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South Florida Water Management District
Legal Form Approved
By--
Print Name:
Title:
Date:
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STATE OF FLORIDA )
)SS.
1 COUNTY OF BROWARD )
On this 20 day of February 1998 before me,the undersigned notary
j publiq personally appeared gnh,-rt Mikes . personally known to me or
who has produced as identification and is the person
who subscribed to the foregoing instrument and who did/did not take an oath, as the
of lbe Cky of Dania , a municipal corporation of the State of Florida, and acknowledged that
he/she executed the same on behalf of said City and that he/she was duly authorized to do so,
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public-State of Florida
My commission expires:
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