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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-158L' June 13, 2001 - Temp Reso #9337 1 Revision No. 1 - June 14, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO, R-2001-158 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF TAMARAC AND SILVERSTEIN ENTERPRISES, INC. APPROVING AN ENVIRONMENTAL MITIGATION PROGRAM AT THE MCNAB ROAD PARK PROPERTY IN EXCHANGE FOR THE EXCAVATION OF A DRAINAGE CANAL AT THE SOUTHERN BORDER OF THE PROPERTY AND THE CONSTRUCTION AND MAINTENANCE OF THE WETLAND AT THE DEVELOPER'S EXPENSE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Developer for Silverstein Enterprises, Inc. owns a parcel of land within the Tamarac Commerce Park; and WHEREAS, the Developer is desirous of constructing an industrial building on said parcel ("Project"); and WHEREAS, the Project will impact wetlands under the regulatory jurisdiction of the Broward County Department of Planning and Environmental Protection ('DPEP") and South Florida Water Management District ("SFWMD"); and WHEREAS, the 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 of Tamarac owns approximately 8.2 acres of property June 13, 2001 - Temp Reso #9337 2 Revision No. 1 - June 14, 2001 commonly known as the McNab Road park property, located at the corner of the Sawgrass Expressway and McNab Road also within the Tamarac Commerce Park; and WHEREAS, the City of Tamarac is desirous of having their parcel developed into a park commonly known as the McNab Road park property; and WHEREAS, the Developer has requested permission to meet the obligations for environmental mitigation activities by creating a wetland mitigation area on a portion of McNab Road park property; and WHEREAS, the Developer has agreed that in exchange forthe use of City property, he will excavate the full width of the 100 (100) foot drainage canal at the southern border of the park site and will construct and maintain for five (5) years the wetland mitigation area solely at the Developer's expense; and WHEREAS, the City acknowledges that at the end of five (5) years the City will be responsible for maintaining the wetland area in perpetuity; and WHEREAS, the Director of Community Development, Director of Parks and Recreation and the Director of Public Works have reviewed the Mitigation Plan and found it acceptable; and WHEREAS, the Director of Community Development, Director of Parks and Recreation and the Director of Public Works recommend approval of the Environmental Mitigation Agreement (attached hereto as Exhibit I "); and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve the request 1 1 June 13, 2001 - Temp Reso #9337 3 Revision No. 1 - June 14, 2001 from Silverstein Enterprises, Inc. and to execute the Environmental Mitigation Agreement (Exhibit 1') and to accept the outlined services in exchange for the use of a portion of the McNab Road park site as a wetland mitigation area. 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. ----- SECTION 2: That the City Commission hereby authorizes the appropriate City Officials to execute the Environmental Mitigation Agreement (attached hereto as Exhibit 1 ") and accept said services in exchange for the use of a portion of the McNab Road park site as a wetland mitigation area. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 June 13, 2001 - Temp Reso #9337 4 Revision No. 1 - June 14, 2001 Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 27" day of June, 2001. ATTEST: MARION SWEN ON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. KF CITY ATTORN commdev\u:\pats\userdata\wpdata\res\9337reso JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN_ DIST 3: V/M SULTANOF_ DIST 4: COMM. ROBERTS 1 u EXHIBIT 111" TEMP RESO #9337 AGREEMENT BETWEEN CITY OF TAMARAC AND SILVERSTEIN ENTERPRISES, INC. FOR ENVIRONMENTAL MITIGATION IN CITY OF TAMARAC PARK Word\PRJ Documents\287-1 Agreement With City of Tamarac 06/13/01 This Environmental Mitigation Agreement ("Agreement") dated this 0? 7 day of 2001 is entered into by the CITY OF TAMARAC, a Florida municipal cor oration ("the City") and SILVERSTEIN ENTERPRISES, INC., a Florida corporation, 10200 NW 671h Street, Tamarac, Florida 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: 1. 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. Word\PRJ Documents\287-1 Agreement With City of Tamarac 06/13/01 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. (f) 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, claims 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 Developer's 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. Developer's 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. Acknowledgment. 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 (9) months of the date of the issuance of the DPEP and SFWMD Permits. The City retains the right to withhold the final Certificate of Occupancy for the Project until the Time Ward\PRJ Documents\287-1 Agreement With City of Tamarac 06/13/01 3 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. 9. Insurance Requirements. 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 Lave' of the State of Florida and all applicable federal laws. In addition, the policy (ies) 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 - VII, in accordance with the latest edition of A.M. Best's Insurance Guide. The City of Tamarac shall be named ao Additional Insured 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 Word\PRJ Documents\287-1 Agreement With City of Tamarac 06/13/01 4 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 underwritees 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. 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 881h Avenue Tamarac, FL 33321-2401 11. Miscellaneous. A. Entire Agreement. This Agreement sets forth all of the promises, covenants, agreements, conditions and understandings between the parties hereto, and supersedes all prior and contemporaneous agreements, understandings, inducements, or conditions, express or implied, oral or written, except as herein contained. Word\PRJ Documents\287-1 Agreement With City of Tamarac 06/13/01 5 B. Assignments, Amendments. It is agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. C. Severability. 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 writing 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 881h Avenue Tamarac, FL 33321-2401 To Developer: Leon Silverstein Silverstein Enterprises, Inc. 10200 NW 67th 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. Word\PRJ Documents\287-1 Agreement With City of Tamarac 06/13/01 6 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. ATTEST: i By: City Clerk CORPORATE SEAL CITY OF TAMARAC CITY OF TAMARAC, a Florida municipal corporation, By: Mayor �x �s�®r BY- G ;2; Word\PRJ Documents\287-1 Agreement With City of Tamarac 06/13/01 7 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 r tion By: Print Name: Leon Silverstein Title: President & CEO Address: 10200 NW 67th street Tamarac, FL 33321 I 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 s i l v e r s t e i n , 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. WITNESS my hand and official seal in the County and State last aforesaid this 14th day of June , 20 O1 Notice Public PIMA' rrr••r rr••rrrrrrrr'vTW it -•Printed or •-• Name of • - � r CommissionMy Expires: Word\PRJ Documents\287-1 Agreement With City of Tamarac 06/13/01 8 Mc NAB RD, 569.91' PROPOSED CITY OF TAMARAC PARK CL TRACT 16 0 Q x w '�: � or ti, w h-- LD 3 W W W w McNa HIT. ARCH MIT. '^ E W W' W� W W W E W W WEB W W W W W W W W W W W EW CAM- HAW. ESMT. CANAL L-W-11 570.00' PLAN NORTH NTS — LEDGEND W .89 AC OF SHALLOW MARSH W W .57 AC OF TRANS. SLOPE MITIGATI❑N SUMMARIES 1,11 AC -ARCH ALUMINUM .15 AC OF GAT❑R H❑LE 0.50 AC - McNAB BUSINESS PARK TOTAL AREAS � STAFF GAUGE 1.61 AC OF CREATED WETLANDS EXHIBIT "A" BROWARD CITY OF TAMARAC PARK OFF -SITE MITIGATION FOR: ARCH ALUMINUM WAREHOUSE McNAB INDUSTRIAL PARK TAMARAC, FL BROWARD COUNTY, 7-49-41 N0. REVtMCN DATE 0Y- i CURFY - AS AMEEMENT E*WT 5129ANPRJ 1 MMOATION 1A0/01 AS HILLIP R. JIMRUSTI & ASSOCIATES, INC. ECOLOGICAL ENGINEERS ENVIRONMENTAL CONSULTANTS 12780 S.W. 12th Court. AAVEE. FLORWA 33= (954) 970-5870 1 287-1 COUP, NAM ARCH ALUM FlE NAME OFF -SITE MIT DATE 1 /11 /01 SHEET 6 OF 8