Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Authorizing The Appropriate City Officials To Execute The Attached Agreement For Easement And Right-Of-Way License, Between The Seminole Tribe Of Florida And The City Of Hollywood, Pursuant To Which The City Grants A Right-Of-Way License To The Tribe For Use Of City Public Right-Of-Way Along A Portion Of N. 64th Avenue And The Tribe, Acting Through The Bureau Of Indian Affairs On Behalf Of The United States Of America, Grants An Easement For Use Of Seminole Reservation Land Along A Portion Of Charleston Street And Atlanta Street; And Authorizing The Appropriate City Officials To Execute The Attached Interlocal Agreement Between The School Board Of Broward County, Florida And The City Of Hollywood To Accommodate Reconfiguration Of N. 64th Avenue Adjacent To The Quest School.
Body
Staff Recommends: Approval of Resolution
Explanation:
Back in 2009, the Seminole Tribe of Florida brought to the attention of the City of Hollywood that portions of N. 64th Avenue, Charleston Street, and Atlanta Street encroach on the Hollywood Seminole Indian Reservation. Since that time, the Tribe has also shared its intent to provide for a secured gated tribal community through the construction of perimeter walls and gated road access to and from the reservation lands, and began this endeavor in 2010 with the gated closure of 64th Avenue between Atlanta Street and Charleston Street. The Tribe desires to complete this endeavor through the construction of the perimeter wall along its tribal boundary within 64th Avenue to Oak Street, within Charleston from 64th Avenue to 65th Avenue, and within Atlanta Street from 64th Avenue to the Turnpike, together with the construction of a gate house at the northern end of 64th Avenue. These three roadways currently provide access to City of Hollywood resident homes and the Broward County School Board's Quest Center.
City staff worked with the Tribe, the School Board, Public Utilities, and the residents to resolve the encroachments in a manner which would preserve the necessary public ingress/egress access, utility infrastructure and emergency access provisions to all affected parties. The resolution consists of a land use swap, whereby the Tribe is provided the utilization of a portion of the public right of way of 64th Avenue in exchange for the public's utilization of a portion of the tribal lands of Charleston Street and Atlanta Street. This understanding between the Tribe and the City has been negotiated and formalized in the attached "Agreement for Easement and Right-Of-Way License", whereby the Tribe provides an Easement to the City and the City provides a Right-of-Way License to the Tribe.
In the event that a court of competent jurisdiction shall finally determine that the City's grant to the Tribe of the License is illegal or invalid, in whole or in part, ("Invalid Property") the City shall make all efforts pursuant to the terms of the License to make valid the grant to the licensed premises to include fee-simple acquisition or use of City's power of eminent domain to acquire the licensed premises. Should the City be unsuccessful in its efforts to remedy the failed grant, the City will be responsible for all actions and costs/expenses necessary to restore the public right-of-way disturbed by any activities or construction which occurred on the licensed premises.
Additionally, in order to accommodate reconfiguration of public vehicular traffic along N. 64th Avenue adjacent to the Quest School, the City and School Board of Broward County, Florida have negotiated an Interlocal Agreement, pursuant to which School Board provides an Easement to the City and the City provides for design, construction and funding of the realignment of 64th Avenue and access accommodations to the Quest Center from McClellan Street.
Upon favorable consideration and execution of the Agreements, the City will move forward with the bidding and construction of necessary roadway improvements which are estimated at approximately $500,000. If an understanding would not have been reached with the Tribe, the combined cost to implement necessary roadway and infrastructure improvements for the City and the School Board would have exceeded $5,000,000.00 and access impacts to the neighborhood would have been more limiting.
Recommended for inclusion on the agenda by:
Cathy Swanson-Rivenbark, City Manager
Sylvia Glazer, Public Works Director
Jonathan Vogt, Deputy Director/City Engineer