HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-130Temp. Reso. #10148 - May 28, 2003
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- 130
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY
OF TAMARAC AND SILVERSTEIN ENTERPRISES, INC.,
FOR ENVIRONMENTAL MITIGATION AT THE MCNAB
ROAD PARK PROPERTY; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac entered into an Agreement with Silverstein
Enterprises, Inc., on June 27, 2001, to develop a wetland mitigation area on a portion of
the McNab Road Park Property, attached hereto as Exhibit 1; and
WHEREAS, the original Agreement provides for the developer, Silverstein
Enterprises, Inc., to perform the development of the Mitigation Plan for the McNab Road
Park Property in accordance with the Specific Conditions of DPEP Environmental
Resources No. 0018287 and SFWMD Application No. 010427-13; and
WHEREAS, Silverstein Enterprises, Inc., has agreed to pay the City of Tamarac the
amount of $73,680.00 in lieu of developing the wetland area as a portion of the McNab
Road Park Property; and
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Temp. Reso. #10148 - May 28, 2003
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WHEREAS, it is the recommendation of Director of Community Development and
the Director of Parks and Recreation that Silverstein Enterprises, Inc., and the City of
Tamarac execute an Amendment to Agreement, attached hereto as Exhibit 2; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the City of Tamarac to execute an Amendment to Agreement between
Silverstein Enterprises, Inc., and the City of Tamarac to allow Silverstein Enterprises, Inc.,
to pay the City the amount of $73,680.00 in lieu of developing the wetland area as a
portion of the McNab Road Park Property, attached hereto as Exhibit 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this resolution upon
adoption hereof.
SECTION 2: That the appropriate City Officials are hereby authorized to execute an
Amendment to Agreement between the City of Tamarac and Silverstein Enterprises, Inc.,
for Environmental Mitigation of the McNab Road Park Property, attached hereto as Exhibit
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SECTION 3: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
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Temp. Reso. #10148 - May 28, 2003
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SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 11t" day of June, 2003.
ATTEST:
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S/KF
CITY ATTORN
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABI
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
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EXHIBIT"I"
TEMP RESO V 10 14E
AGREEMENT BETWEEN
CITY OF TAMARAC
AND
S
ILVERSTEIN ENTERPRISES, INC.
FOR
ENVIRONMENTAL MITIGATION
IN
CITY OF TAMARAC PARK
%A�—(\PPA nncuments\287-1 Agr"ffwnt With City of Tamarac 06/13/01
This Environmental Mitigation Agreement (`Agreement) dated this day of
2001 is entered into by the CITY OF TAMARAC, a Florida municipal
co oration ("the City) and SILVERSTEIN ENTERPRISES, INC., a Florida corporation, 10200 NW
67 Street, Tamarac, and
33321 ("Developer).
WITNESSETH:
WHEREAS, Developer owns certain land in the City upon which Developer desires to
construct industrial buildings ("Project); and
WHEREAS, the Project will impact wetlands under the regulatory jurisdiction of the Broward
County Department of Planning & Environmental Protection ("DPEP) and South Florida Water
Management District ("SFWMD'; and
WHEREAS, Developer is obligated by DPEP and SFWMD to undertake environmental
mitigation activities for the impact of wetlands on the Project site; and
WHEREAS, the City owns and controls certain real property as described as a portion of
Tract 16, Section 7, Township 49 South, Range 41 East, "Florida Fruit Lands Company's Subdivision
No 2", according to Plat thereof, as recorded in Plat Book 1, at Page 102, of the Public Records of
Palm Beach County, Florida, lying in the City of Tamarac, Broward County, Florida referred to as
McNab Road Park Property ("Park); and
WHEREAS, the City, DPEP and SFWMD require approval of the Mitigation Plan described
herein and the City agrees to allow Developer to take credit for 1.11 acres of the mitigation shown in
the Mitigation Plan; and
WHEREAS, the development of the Mitigation Plan shall be performed by the Developer and
shall be in accordance with the Specific Conditions of DPEP Environmental Resources File No.
0018287 and SFWMD Application No. 010427-13; and
WHEREAS, the City Staff has reviewed and recommends approval of the conceptual
Mitigation Plan attached hereto as Exhibit "A" ("Mitigation Plan); and
NOW, THEREFORE, and in consideration of mutual terms, conditions, promises, covenants
and hereafter set forth, City and Developer agree as follows:
Recitals. The above recitals are true and correct and are hereby incorporated herein.
2. City Consent. The City hereby grants its approval and consent to the Mitigation Plan.
City grants Developer the right to enter into and upon the Park to fulfill its obligations under this
Agreement. The City may enter the Park at any time to inspect the Park and the progress of the
Mitigation Plan. It is expressly understood by all parties that the City has only granted the Developer
permissive rights and this Agreement shall not operate to create or vest any property rights in
Developer.
3, Developer Duties.
(a) Developer shall do all things required by this Agreement and the Mitigation
Plan and shall use reasonable care and due diligence to ensure that all work performed on the 1.61
acres of mitigation shown on the Mitigation Plan is accomplished in accordance with reasonable
standards established by the City and in conformity with the Mitigation Plan. Work on the Mitigation
Plan shall not be performed so as to unreasonably interfere with other activities occurring in the
Park. 2
(b) Developer shall monitor the implementation of the Mitigation Plan and shall
assign personnel, as needed, to supervise the construction and planting activities as set forth in the
Mitigation Plan. Any mitigation monitoring reports required and/or provided to DPEP and SFWMD
shall also be provided to the City of Tamarac.
(c) Developer shall maintain the Mitigation area in accordance with the Specific
Conditions of the DPEP and SFWMD permits for a period of five (5) years commencing upon the
completion of the planting and the submittal of the Time Zero (Initial) Monitoring Report.
(d) Developer shall excavate approximately 570 lineal feet of 100-foot wide canal
located on City property in accordance with the typical cross-section provided by the City. The
excavated material will become the property of the Developer for use on the Project site.
(e) Developer shall satisfy any fees associated with the permit process for the
Project, including the DPEP monitoring fee.
(0 All work performed by Developer shall be performed in accordance with all
Federal, State and local safety regulations and rules.
4. Indemnification. Developer, by acceptance of this Agreement, covenants and agrees
to investigate all claims related to the activities performed by Developer and to indemnify, protect,
and hold harmless, the City and its officers, agents and employees from any and all lawsuits, Bairns
and actions arising out of this Agreement which are as a result of the negligent acts or omissions of
the Developer. This provision is subject to the limitations of liability as provided in Section 768.28 of
the Florida Statutes, and does not act as a waiver of the Developers or City's entitlement to
sovereign immunity as a matter of statutory and common law.
5. Notice of Failure to Comply. In the event that either party fails to perform any of the
terms, conditions under this Agreement, the complaining party shall provide written notice requiring
the satisfactory and immediate correction of such failure within thirty (30) days. The non -
complaining party shall provide an answer to such notification within fifteen (15) days of the notice.
If the non -complaining party fails to answer and/or fails to take reasonable steps toward a remedy of
the failure, the complaining party shall have the right (but not the obligation) to have such failure
remedied and any monies expended by the complaining part shall be the obligation of and shall be
reimbursed by the non -complaining party.
6. Termination- Developers obligations under terms of this Agreement shall be
considered satisfied upon completion of the Mitigation Plan and acceptance by DPEP and SFWMD
at the end of the five (5) year monitoring period.
7. Acknowled merit. The City acknowledges that it has the perpetual responsibility for
maintaining the Mitigation Area as permitted by DPEP File No. 0018287 and SFWMD Application
No. 010427-13. Developer acknowledges that he has the responsibility of successfully performing
certain restoration, enhancement, maintenance and monitoring activities as described in the
attached Mitigation Plan subject to the issuance of the referenced environmental permits and
approved by the City, DPEP and SFWMD over the course of the expected five (5) year project
duration. "Successfully', as used in this paragraph, shall refer to the performance criteria of said
environmental permits when issued.
8. Application Time Frames. The City acknowledges that the periods set forth in the
Mitigation Plan are "target" dates and that such dates do not bind or limit the ability of Developer to
commence work on the Mitigation Plan at a later date as long as work on the Mitigation Plan is
commenced within nine (5) months of te � aatC rfi� ate of Occupancy foof the r the Project P and unt'DI the Time
The City retains the right to withhold 3
��..ere. ^a . ! Tamwrwr M1'VnJ
Zero Monitoring Report, as -built drawings and area certification have been submitted to DPEP and
SFWMD. DPEP, SFWMD and the City shall agree that the mitigation area has been substantially
constructed in accordance with the intent of the Mitigation Plan before issuance of final Certificate of
Occupancy.
8_ Insurance Reyuirements.
A. without limiting any of the other obligations or liabilities of Developer,
Developer or its contractors and subcontractors shall provide, pay for and
maintain in force during the periods of time work is performed under this
Agreement (or for such duration as is otherwise specified hereinafter), the
insurance coverage's set forth herein.
1) Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy (es) must
include:
a. Employers' Liability with a limit of One Hundred Thousand
Dollars ($100,000.00) per accident.
2) Comprehensive General liability with minimum limits of One Million
Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily
Injury Liability and Property Damage Liability. Coverage must be
afforded on a form no more restrictive than the latest edition of the
Comprehensive General Liability policy, without restrictive
endorsements, as filed by the Insurance Services Office, and must
include:
a. Premises and/or Operations.
b. Independent Contractors.
B. These insurance requirements shall not relieve or limit the liability of
Developer. The City does not in any way represent the types and amounts of
insurance required hereunder are sufficient or adequate to protect Developer's
interests or liabilities but are merely minimum requirements established by the
City's Risk Management Coordinator. The City reserves the right to require
any other insurance coverage's that the City deems necessary depending
upon the risk of loss an exposure to liability.
C. Insurance companies selected must be acceptable to the City. All of the
policies of insurance so required to be purchased and maintained shall contain
a provision or endorsement that the coverage afforded shall not be canceled,
materially changed or renewal refused until at least thirty (30) calendar days
written notice has been given to the City by certified mail.
D. The required insurance coverage shall be issued by an insurance company
authorized and licensed to do business in the State of Florida, with the
minimum rating of A - Vlli rooaccordance sh shall beenlatest amed a�'on Addit+anal Insured
Insurance Guide. The City
on said insurance policies.
E. The Developer shall require each of its subcontractors of any tier to maintain
the insurance required herein (except as respects limits of coverage for
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employers and public liability insurance which may not be less than One Million
Dollars ($1,000,000.00) for each category), and the Developer shall provide
verification thereof to the City upon request of the City.
F. All required insurance policies shall preclude any underwriter's rights of
recovery or subrogation against the City with the express intention of the
parties being that the required insurance coverage protects both parties as the
primary coverage for any and all losses covered by the above described
insurance.
G. The Developer shall ensure that any company issuing insurance to cover the
requirements contained in this Agreement agrees that they shall have no
recourse against the City for payment or assessments in any form on any
policy of insurance.
H. The clauses "Other Insurance Provisions" and "Insured Duties in the Event of
an Occurrence, Claim or Suit as it appears in any policy of insurance in which
the City is named as an additional named insured shall not apply to the City.
The City shall provide written notice of occurrence within fifteen (15) working
days of the City's actual notice of such an event.
1. The Developer shall not commence performance of its obligations under this
Agreement until after it has obtained all of the minimum insurance herein
described and the same has been approved.
J. Violation of the terms of this Paragraph and its subparts shall constitute a
breach of the Agreement and the City, at its sole discretion, may cancel the
Agreement and all rights, title and interest of the Developer shall thereupon
cease and terminate.
K. The Developer will provide and maintain, at its own expense, public liability
insurance.
L. Any Professional Engineering firm retained by the Developer to design
facilities that are to be constructed on City property shall be required to provide
the City with evidence of Professional Liability insurance with, at a minimum, a
limit of $1,000,000 per occurrence and in the aggregate.
10. Contact Individual. The City shall designate an individual with whom Developer and
its consultants can coordinate all activities and approvals required by this Agreement. Unless
otherwise notified in writing, the individual shall be as follows:
City Manager
City of Tamarac
7525 NW 88m Avenue
Tamarac, FL 33321-2401
11. Miscellaneous.
A. Entire A reement. This Agreement sets forth all of the promises, covenants,
agreements, conditions and under~ between the parties hereto, and
agreements, understandings,
supersedes all prior and contemporaneous
inducements, or conditions, express or implied, oral or written, except as
herein contained.
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B. Assignments: Amendments. It is agreed that no modification, amendment or
alteration in thwrsor doc me tconditions
unless
contained executed with the ame formality and of equal
in a written l
dignity herewith.
C. 5everabirqy. The invalidity of any provision hereof shall in no way effect or
invalidate the remainder of this Agreement.
D. Notices. Any notice and other communications required or permitted to be
given hereunder shall be in wetting and transmitted by messenger, certified
mail, or return receipt requested, to be delivered as follows:
To the City: City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321-2401
Copy to: City Attorney
City of Tamarac
7525 NW 88'" Avenue
Tamarac, FL 33321-2401
To Developer. Leon Silverstein
Silverstein Enterprises, Inc.
10200 NW 67 h Street
Tamarac, FL 33321
E. Governing Law and Venue. This Agreement shall be construed in accordance
with the laws of the State of Florida, and any proceeding arising between the
parties in any matter pertaining to this Agreement shall, to the extent permitted
by law, be held in Broward County, Florida.
F. Binding Effect. This Agreement shall be binding upon and enforceable by and
against the parties hereto, their personal representatives, heirs, successors,
grantees and assigns.
G. Attorneys' Fees. Should either party hereto bring an action against the other
to enforce the terms and provisions hereof, then the party prevailing in said
action shall be entitled to a judgment against the other for his reasonable
attorneys' fees and costs.
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IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature.
ATTEST:
By:
City Clerk
CORD -ORATE SEAL
CITY OF TAMARAC
CITY OF TAMARAC, a Florida municipal
corporation,
By:
Mayor
FA
1 aArswrnant WNh Civ of TArtlarac D6l1W
Signed, sealed and delivered
In the presence of:
Print Name: Leslie Anderson
Print Name:
STATE OF FLORIDA
COUNTY OF �BROWARD
)
SS:
SILVERSTEIN ENTERPRISES, INC.,
a Florida tion
By:
Print Name: Leon Silverstein
Title:
President & CEO
Address: 10200 NW 67th Street
Tamarac FL 33321
1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, the foregoing
instrument was acknowledged before me by Leon Silverstein_, the
President & CEO of SILVERSTEIN ENTERPRISES, INC., a Florida corporation, freely
and voluntarily under authority duly vested in him/her by said corporation and the seal
affixed thereto is the true corporate seal of said corporation. He/She is personal known to
me or who has produced as identification.
thWITNESS my hand and official seal in the County and State last aforesaid this
14 day of ,Tune , 20 21
Notice Public
�� .. .
- -i:. ��i �i • r.
r� •`
Printed or _ •-• Name of •
tary
Public
My Commission Expires:
8
-- -n� enrn.n.r. m "h Crty of Tamarac M13/01
Temp. Reso. #10148
"EXHIBIT 2"
AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND SILVERSTEIN ENTERPRISES, INC.
The CITY OF TAMARAC and Silverstein Enterprises, Inc., agree to amend the original
Agreement dated June 27, 2001, as follows:
3. Developer Duties.
(a) Developer shall de all thiRgs Fequ;Fed by this Agreement and the Mitigation
Plan and shall use Feasonable GaFe and due diligeRGe to ensure that all WGFk
narforrr,erl on the 4.61 aeFes of mitigation shown on the 11 AitigatiOR f76-i..
a6G0FRPIi6h8d OR aGe9FdaRG8 with reasonable standards ertablished by the
G ity and i nfo.mity With Prirr ii'TeT'1I"1"7Qn
GGGUFFing on the Park
(b) Developer shall^',�e. +he ir~,nlerr,eRt8t;0R of the Mitigation Plan and shall
assign personnel, as needed, to supervise the GonstruGtion and planting
activities as set forth in the Mitigation Plan. Any mitigation monitoring reports
required and/or provided to DPEP and SFWMD shall also be provided to the
City of Tamarac.
(c) Developer shall maintain the Mitigation area in accordance with the Specific
Conditions of the DPEP and SFWMD permits for a period of five(5) years
commencing upon the completion of the planting an the submittal of the Time
Zero (Initial) Monitoring Report.
(d) 98Vel9PeF shall exGavate approximately 57Q WRBal feet Of 400 feet wkie
Deyeleper for use an the PFGj8Gt Site.
(e) Developer shall satisfy any fees associated with the permit process for the
Project, including the DPEP monitoring fee.
Federal, State, and IeGal safety Fegulat'9% and M All WGFk peFfORR861 by PeyelepeF shall be performed in aGGerdanGe with all
Silverstein _Enterprises, Inc., agrees to pav the Citv of Tamarac the sum of
73 680.00. The City of Tamarac will assume responsibility for the portions of the
original Agreement that Silverstein Enterprises. Inc.. has been relieved of, regarding
the mitigation work as set forth in Section 3. (a), (b), (d), and (f) of the oriainal
agreement dated June 27"' 2001.
All other portions of the original Agreement and subsequent amendments shall remain in effect
unless amended in writing by both parties.
IN WITNESS WHEREOF, the parties have made and executed this Amendment on the
respective dates under each signature. CITY OF TAMARAC, through its Mayor and
SILVERSTEIN ENTERPRISES, INC.., signing by and through its President and CEO, duly
authorized to execute same.
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CITY OF TAMARAC
ATTEST:
7)k4A -i o4 Joe/
Marion Swenson, CMC, City Clerk
Date: ��
ATTEST:
Corporate Secretary
Type Name of Corporate Secretary
h
By:
AJoe Schreiber, Mayor
Date: !�Z/0d-3
N -
P7
Jeffrey . k1leeCity Manager
Date: 6/' y%3
Mitchell S.
SILVERSTEIN ENTERPRI. INC.
Leon Silverstein, resident and CEO
(CORPORATE SEAL)
)kgAW oN • CCU:
EXP20
60HOW�TNR W"
ADVANTAGE NOTARY
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