Broward County Commission Regular Meeting


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AI-29193 17.       
Meeting Date: 06/04/2019  
Director's Name: Andrew J. Meyers
Department: County Attorney  

Information
Requested Action
MOTION TO AUTHORIZE Office of the County Attorney to commence litigation and/or take all necessary and appropriate actions against Coral Creek Homeowners Association, Inc. (“Association”), to enforce the Association’s maintenance obligations under that certain Revocable License Agreement, and to recover damages resulting from the Association’s failure to maintain certain County-owned property in accordance with the Revocable License Agreement.

ACTION:  (T-11:16 AM)  Approved.

VOTE:  8-0.  Commissioner Sharief was not present.
Why Action is Necessary
Board approval is required for the Office of the County Attorney to file this proposed lawsuit.
What Action Accomplishes
Approves the commencement of litigation against the Association regarding the maintenance of County-owned property.
Is this Action Goal Related
Previous Action Taken
Summary Explanation/Background
THE HIGHWAY CONSTRUCTION AND ENGINEERING DIVISION AND THE OFFICE OF THE COUNTY ATTORNEY RECOMMEND APPROVAL OF THE ABOVE MOTION.
 
At a Commission meeting held on November 3, 1992 (Item No. 4), the Board of County Commissioners (the “Board”) approved the execution of that certain Revocable License Agreement dated November 6, 1992 (the “Agreement”), between Broward County (“County”) and Coral Creek Homeowners Association, Inc. (“Association”), whereby the County granted to the Association a license to access and use certain County-owned property, as more particularly described in the Agreement (the “Property”), for the installation of a wall, landscaping, and irrigation. 
 
Pursuant to Section 11 of the Agreement, the Association agreed to keep the Property clean, sanitary, and free from trash and debris, and agreed to maintain the landscaping on the Property in a manner so as not to create a hazard to persons or vehicles on adjacent property.

Pine Tree Water Control District (“Pine Tree”) has notified the County that the Association is not maintaining the Property, which has become overgrown with exotic plants and which abuts Pine Tree’s stormwater infrastructure.  
 
Subsequently, the County provided the Association with notices dated January 30, 2018, July 16, 2018, and December 20, 2018, which informed the Association of the overgrowth on the Property and demanded the maintenance of the Property in accordance with the Agreement. To date, the Association has failed to clear the overgrowth on the Property. As such, the Association has failed to maintain the Property in accordance with the terms and conditions of the Agreement.
 
Approval of this item would allow the County to seek a judicial remedy to enforce the Association’s maintenance obligations under the Agreement.
Source of Additional Information
Michael J. Kerr, Deputy County Attorney, (954) 357-7600

Fiscal Impact
Fiscal Impact/Cost Summary:
All legal work will be performed by the Office of the County Attorney. Litigation costs (filing fees, deposition costs, expert fees, etc.) are currently estimated at $5,000 - $10,000.
Attachments
Exhibit 1 - Copy of Revocable License Agreement between Broward County and Coral Creek Homeowners Association, Inc.


    

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