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
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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 • -
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CommissionMy Expires:
Word\PRJ Documents\287-1 Agreement With City of Tamarac 06/13/01 8
Mc NAB RD,
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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.
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DATE
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5129ANPRJ
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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