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.
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