A. MOTION TO APPROVE Partial Waiver of Deed Restriction, in substantially the same form as the attached (with any changes approved by the Office of the County Attorney), for the development, on a portion of Miramar Regional Park, of the American Tennis & Education Foundation (“ATEF”) National Tennis Center; headquarters for ATEF and its parent organization, American Tennis Association (“ATA”); Black Tennis Hall of Fame Museum; and a hotel (collectively, the “ATEF Project”).
(Per the Tuesday Morning Memorandum, include the following language to the end of Motion A: “provided the projects are built within a 10 year time frame.”)
ACTION: (T-11:43 AM) Approved, as amended, with the Yellow-Sheeted Additional Material, dated Tuesday, December 12, 2017, submitted at the request of Commissioner Sharief. (Refer to minutes for full discussion.)
VOTE: 9-0.
B. MOTION TO AUTHORIZE County Administrator to execute a Partial Waiver of Deed Restriction (“Waiver”), in substantially the same form as the attached (with any changes approved by the Office of the County Attorney), after the Office of the County Attorney receives and approves the exhibits to the Waiver, and the City of Miramar signs the Waiver. (Commissioner Sharief)
(Per the Tuesday Morning Memorandum, Exhibit 4, (Partial Waiver of Deed Restriction from the City of Miramar), signature pages have been received.)
ACTION: (T-11:43 AM) Approved, as amended, with the Yellow-Sheeted Additional Material, dated Tuesday, December 12, 2017, submitted at the request of Commissioner Sharief. (Refer to minutes for full discussion.)
VOTE: 9-0.
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This item supports the Commission's Value: Ensuring economic opportunities for all people and businesses in Broward and Goals to 1) Attract and retain all types of business, including small businesses and not-for-profits, through provision of effective incentives, technical assistance, and support, and 2) Increase the economic strength and impact of revenue-generating County enterprises balancing economic, environmental, and community needs.
The ATA, a 90-year-old nonprofit organization with thousands of registered members and supporters, with a long history of promoting the sport of tennis among diverse communities, wishes to make the City of Miramar (“City”) its permanent home. To that end, the ATA, along with its fund-raising arm, the ATEF, is proposing the development on a portion of Miramar Regional Park of the ATEF National Tennis Center, national headquarters for ATEF and ATA, Black Tennis Hall of Fame Museum, and a hotel, which collectively comprise the ATEF Project. As the venue for annual championships, the ATEF Project is expected to attract thousands of visitors each year and have an annual economic of impact of $3 million to $5 million.
In December 2002, Broward County (“County”) and the City executed an Interlocal Agreement (“ILA”) for Development, Construction, Operation and Maintenance of Miramar Regional Park (Exhibit 1). Based on the ILA, the City would take title to the Park, subject to a use restriction, and the County would reimburse the City for park improvements not to exceed $15,812,000. This reimbursement amount would be funded with $12,900,000 of capital funds from impact fees (less $88,000 to be expended on a public art program in the Park) and $3,000,000 of park bond funds from the 2000 Safe Parks and Preservation Bond Program (“Bond Funds”). The City has provided to the County an affidavit (Exhibit 2), which clarifies that the Bond Funds were used to improve another area of the Park that is unaffected by the proposed ATEF Project.
The County conveyed the Park to the City pursuant to a quitclaim deed recorded on December 17, 2002, in Official Records Book 34266, Page 1408, in the Public Records of Broward County, Florida (the “Deed”). The Deed, consistent with requirements of the ILA, contained a use restriction and a reverter clause, which provides as follows: “if the CITY OF MIRAMAR shall fail to use and maintain the property for [ ] public park purposes and ancillary/incidental uses thereto including, but not limited to, concession stand(s), restroom(s), parking area(s), park office, park maintenance area, and similar, park support infrastructure, plus placement of one communication tower, then the entire land shall revert to Broward County, its successors and assigns[ ]” (“Deed Restriction”).
The City has proposed to develop the ATEF Project with the ATEF on two parcels of Park property. The Board of County Commissioners (“Board”), at a regular meeting held on March 1, 2016 (Item No. 46), expressed its support for the ATEF Project in the City of Miramar. During Staff’s review of the ATEF Project, the Office of the County Attorney determined that the museum, ATA/ATEF offices, and hotel would be inconsistent with the Deed Restriction. As a result, the City has formally requested that the County waive the Deed Restriction on the Park property to allow for this project to move forward (Exhibit 3).
Motion A approves the Partial Waiver of Deed Restriction (“Waiver”), which limits the County’s waiver to the specific components of the proposed ATEF Project, and to the proposed area described on the Waiver’s supporting exhibits which the City will provide at a later time (upon surveying and development of the applicable legal description(s)) (Exhibit 4). The Waiver also complies with a restriction contained in the contract for the BB&T Civic Arena, which states that the County will not participate in or cooperate with any indoor or outdoor sports entertainment or multi-use arena with a capacity larger than 5,000 seats.
Motion B conditionally authorizes the County Administrator to execute the Waiver. The City has provided aerials of the proposed location for the ATEF Project (Exhibit 5), but the supporting exhibits to the Waiver will be provided to the County once the City and ATEF complete their survey of the subject property. If the Board approves the Waiver and conditionally authorizes the County Administrator to execute the Waiver, in substantially the same form as the attached, the approval and authorization is conditioned on the Office of the County Attorney receiving and accepting the exhibits to the Waiver, and on the City signing the Waiver. The Waiver will not be executed until these conditions are met to the satisfaction of the Office of the County Attorney.
Notwithstanding the Board’s approval of the Waiver and authorization to execute the same, the City will still have to make application to change the County's Comprehensive Plan, and make application to amend the note restriction on the plat, as recorded on August 28, 1996, in Plat Book 161, Page 38 in the Public Records of Broward County, Florida. These requests would also be presented to the Board for its approval.
Conceptual financial and business plans for the ATEF Project have been provided by the American Tennis & Education Foundation (Exhibit 6).
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