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1997-08 Environmental Mitigation Agmt-Terramar Park, Developer United Homes International RESOLUTION NO. 97-08 A RESOLUTION OF THE CITY COMMISSION OF mE CITY OF PARKLAND, FLORIDA, AUmORIZING mE CITY OFFICIALS TO EXECUTE AN ENVIRONMENTAL MITIGATION AGREEMENT BETWEEN THE CITY OF PARKLAND AND UNITED HOMES INTERNATIONAL, INC. WHEREAS, the City Commission of the City of Parkland, Florida approves entering into the attached Environmental Mitigation Agreement between the City of Parkland and United Homes International, Inc. WHEREAS, the City of Parkland City Commissioners believe that the proposed agreement is in the best interest of the citizens of Parkland; NOW, THEREFORE, BE IT RESOLVED BY mE CITY COMMISSION OF mE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials are hereby authorized to execute the attached Mitigation Agreement between the City of Parkland, Florida and United Homes International, Inc. Section 2. That this Resolution shall become In full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 1 DAY OF APRIL , 1997. CITY OF PARKLAND, FLORIDA ~~ SAL'PA LIARA YOR ATTEST: ,~~ ~~7 SUSAN ARMSTRONG, C.M.C. CITY CLERK This Environmental Mitigation Agreement ("Agreement") dated this 1 st day of J\pril , 1997 is entered into by and among the City of Parkland, a Florida municipal corporation ("the City") and United Homes International, Inc. ("Developer"). WIT N E SSE T H: WHEREAS, Developer owns certain land in Broward County City upon which Developer desires to construct a Residential Subdivision ("Project"); and WHEREAS, the Project will impact wetlands under the regulatory jurisdiction of the Broward County ("County") Department of Natural Resource Protection ("DNRP"); and WHEREAS, Developer is obligated by DNRP to undertake Environmental mitigation activities for the impact of wetlands on the Project site; and WHEREAS, the City owns and controls a park known as Terramar Park located in the City ("Park"); and WHEREAS, the City and DNRP require approval of the Mitigation Plan described herein and outlined in Exhibit "A"; and WHEREAS, Developer, as required by the DNRP and as described in the Mitigation Plan, will conduct enhancement and restoration activities upon approximately 8.78 acres within the Park described as Tract "D" of Terramar Two Plat, as recorded in Plat Book 142, Page 43 of the Public Records, Broward County, Florida; and NOW, THEREFORE, and in consideration of mutual terms, conditions, promises, covenants and hereafter set forth, City and Developer agree as follows: 1. herein. Recitals. The above recitals are true and correct and are hereby incorporated 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 agrees that no permits or fees will be required by the Developer to conduct the enhancement and restoration activities. 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. Word\PRJ Document~2- T erramar Park-Agreement 3. Developer Duties. AGREEMENT BETWEEN CITY OF PARKLAND AND UNITED HOMES INTERNATIONAL, INC. FOR ENVIRONMENTAL MITIGATION IN TERRAMAR PARK WETLAND PRESERVE Word\PRJ Document\230-2- Terramar Park-Agreement (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 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. Developer shall assist the City in protecting the public by reasonably implementing the Mitigation Plan. (b) Developer shall not remove or destroy non-nuisance trees or shrubs. Any destruction of non-nuisance trees or shrubs shall be replaced by Developer at the cost of the Developer. Any non-nuisance trees or shrubs killed by Developer shall be replaced by the Developer on a plant for plant basis and inch for inch basis with regard to trees killed. As used in this Agreement, the term "non-nuisance" trees or shrubs shall not include any of the species listed in the Mitigation Plan designating species targeted for herbicide application nor shall it include any trees or shrubs designated as nuisance species pursuant to the City's Code of Ordinances. (c) Developer shall monitor the implementation of the Mitigation Plan and shall assign personnel, as needed, to supervise the hydrological modifications, restoration activities and application of herbicides in the eradication process as set forth in the Mitigation Plan. Any mitigation monitoring reports required and/or provided by the Department of Natural Resource Protection shall also be provided to the Environmental Resources Director of the City of Parkland. Developer shall cause all equipment, chemical containers and appurtenances associated with the Mitigation Plan to be removed from the Park upon completion of each stage of the Mitigation Plan. 4. Indemnification. Developer, by acceptance of this Agreement, agrees to investigate all claims related to the activities performed by Developer and to indemnify, protect, defend 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 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 Complv. In the event that either party fails to perform any of the terms, conditions or covenants 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 expanded by the complaining party shall be obligation of and shall be reimbursed by the non-complaining party. Word\PRJ Document\230-2- T erramar Park-Agreement 6. Termination. Developer's obligations under terms of this Agreement shall be considered satisfied upon completion of the Mitigation Plan. FOURTEENTH AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE FOURTEENTH AMENDMENT to INTERLOCAL AGREEMENT Between BROWARD COUNTY and CITY OF PARKLAND Providing for DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE This is the Fourteenth Amendment to Interlocal Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF PARKlAND ,a municipal corporation, existing under the laws of the state of Florida, hereinafter referred to as "CITY." WHEREAS, Section 336.025(1)(b), Florida Statutes, authorizes the counties to extend the levy of the six (6) cent local option gas tax upon every gallon of motor fuel and special fuel sold in Broward County for a period not to exceed thirty (30) years on a majority vote of the governing body of the COUNTY; and WHEREAS, on June 14, 1988, the Board of County Commissioners enacted Ordinance No. 88-27, effective September 1,1988, through August 31,2018, pursuant to Section 336.025(1 )(b), Florida Statutes, extending the levy of the six cent local option gas tax for thirty years and providing for a method of distribution of the proceeds of the tax; and WHEREAS, pursuant to said ordinance, the method for distribution of the proceeds is the execution of an interlocal agreement with one or more of the municipalities representing a majority of the population of the incorporated area within the county which establishes the distribution formulas for dividing the proceeds of the tax among the county and all eligible municipalities within the county, as set forth in Section 336.025(3)(a)1., Florida Statutes; and WHEREAS, paragraph 4 of the Interlocal. Agreement, as amended by the Addendum to the Interlocal Agreement, requires annual adjustment of the population of the individual municipalities and unincorporated Broward County in accordance with the population figures set forth in the most current edition of "Florida Estimates of Population," published by the Bureau of Economics and Business Research, Population Division, University of Florida; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: 20. Paragraph 2 of the Interlocal Agreement, as amended by the Addendum thereto and the Fourteenth Amendment to Interlocal Agreement, is amended to read as follows: 2. Sixty-one and three-quarters percent (61.75%) of said Local Option Gas Tax proceeds shall be distributed to the COUNTY, and the remaining thirty-eight and a quarter percent (38.25%) shall be divided among and distributed to the eligible municipalities within the COUNTY as follows: Population of Individual Municipality x 38.25% = Total Incorporated Area Population Recipients Share of Proceeds Coconut Creek Cooper City Coral Springs Dania Davie Deerfield Beach Fort Lauderdale Hallandale Hillsboro Beach Hollywood Lauderdale- by- the- Sea Lauderdale Lakes Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park 1.048953% 0.841095% 2.994019% 0.526178% 1.804346% 1.487819% 4.561524% 0.955687% 0.053256% 3.818405% 0.091139% 0.846350% 1.519597% 0.001215% 0.318076% 1.463333% 1.412356% 0.831009% 0.855009% -2- .' . Parkland Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Sunrise Tamarac Weston Wilton Manors T otallncorporated 0.315281% 0.150350% 2.866454% 2.315638% 2.256337% 0.018805% 2.271376% 1.520539% 0.744760% 0.361094% 38.250000% 2. The population figures set forth herein are based on the most current edition of "Florida Estimates of Population, published by the Bureau of Economics and Business Research, Population Division, University of Florida, except for the population figure for the City of Weston which is furnished by Broward County Department of Strategic Planning. In accordance with the population figures, paragraph 3, of the Interlocal Agreement, as amended by the Addendum thereto and the Fourteenth Amendment to Interlocal Agreement, is amended to read as follows: Recipient Population Coconut Creek Cooper City Coral Springs Dania Davie Deerfield Beach Fort Lauderdale Hallandale Hillsboro Beach Hollywood Lauderdale-by- the-Sea Lauderdale Lakes Lauderhill Lazy Lake Lighthouse Point Margate Miramar North Lauderdale Oakland Park Parkland 34,528 27,686 98,553 17,320 59,393 48,974 150,150 31,458 1,753 125,689 3,000 27,859 50,020 40 10,470 48,168 46,490 27,354 28,144 10,378 -3- . . Pembroke Park Pembroke Pines Plantation Pompano Beach Sea Ranch Lakes Sunrise Tamarac Weston Wilton Manors Incorporated Unincorporated Total County 4,949 94,354 76,223 74,271 619 74,766 50,051 24,515 11.886 1, 259,061 133.191 1, 392,252 3. All provisions of the Inter/ocal Agreement and the Addendum thereto, as amended, not in conflict with this Fourteenth Amendment shall remain in full force and effect. 4. This Fourteenth Amendment shall become effective on the date last executed by the parties hereto provided that those eligible municipalities representing a majority of the incorporated area population have executed this Fourteenth Amendment prior to June 1, 1997. 5. This Fourteenth Amendment may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. 6. CITY is a state agency as defined in Chapter 768.28, F.S. and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a sate agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. 7. CITY is a state agency as defined in Chapter 768.28, F.S. and shall maintain liability protection in accordance with state law. 8. CITY shall comply with all federal, state, and local laws, codes, ordinances, rules and regulations in performing its duties, responsibilities, and obligations under this Agreement. 9. In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining portions shall continue to be effective. . -4- . . 10. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Broward County, Florida. 11. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the Board of County Commissioners and CITY. 12. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document in accordance with Section 11 above. IN WITNESS WHEREOF, the parties have made and executed this Fourteenth Amendment on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair or Vice Chair, authorized to execute same by Board action on the {I' l:Jo<;;... day 0 -L 19.12., and CITY, signing by and through its Mayor-Commissioner, duly aut execute same. COUNTY if.:.. """''''MHI~WARDlCOUNTY, through its , ~,." ~ ~~...~~~ OF;. COpMMISSIONERS ,\ ,~ ... .0 OA ~ .. "'"'" . . ~l' i ,," .e ~v ee. . (' . , ....:1. e CP!: ~....~, . . County Adm' . trator anct (..); 0 G~-T.".-'.l' ':~r! · to) i Chair ~. . oJ : ~ Ex-Officio Clerk of \ ~~ 1315 - '<t:: ~ (7. 7 the Bo~r~ of County \. \;.::;." '~d1 of ; , 19 . CommiSSioners of Brow~rc;.4!.. ~..;p cou,.\~... ,l;: . :. ~ ~...... ~ County, Flonda i~ """II! '* .,~ ; ~i._ ~ ,." \ ~;. _ ~"HII" . .,' -5- 0')' FOURTEENTH AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF PARKLAND PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 BY~~ L-9M:1AU'..I_ v:5d..~ Ma Frances Bakke Assistant County Attorney !t.I.IY WITNESSES: CITY OF PARKLAND . BY_~~~-' ayor- ~. Sal Paqliara ....ll.. day of MAY ,19 97. strong APPZAS" FORM: By ~--- . orney Andrew Maurodis MFB:fcI 4/24/97 plIfIcIIu1d GASlX14.FRM tI97~7 -6- CITY OF PARKLAND 6500 PARKS IDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 .. ... May 23, 1997 Eileen J. Steigerwald, Administrative Coordinator Broward County Public Works Department 115 S. Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 RE: (1) Fourteenth Amendment to Interlocal Agreement Providing for Division and Distribution of the Proceeds bfthe Local Option Gas Tax (2) Amendment to Interlocal Agreement Providing for Division and Distribution of the Proceeds of the Additional Tax on Motor Fuel Dear Ms. Steigerwald: As directed in your May 6, 1997 letter, enclosed are three copies each (six total) of the above referenced agreements that were approved and executed at the May 21, 1997 City Commission Meeting. As I understand it, once the agreements have been executed by the Board of County Commissioners an original of each will be sent to us for our files. In order to ensure compliance, it was requested that a letter be included from our Finance Director, Judith Kilgore, certifying that all 1996 expenditures from local option gas tax proceeds were in accordance with Florida Statute 336.025 and that certification letter is attached. Should you need additional information, please feel free to contact me. Sincerely, '-):.... ~ G.2~ Susan Armstrong, C.M.C. City Clerk Enclosures: Six (6) agreements Letter of Certification from Finance Director Judith Kilgore mise6.doc CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FLORIDA 33067 (954) 753-5040 May 14, 1997 ... Mr. Lee E. Billingsley, P. E., Director Office of Transportation 115 South Andrew Avenue, Room 514 Fort Lauderdale, FL 33301 Re: Certification of FY 1996 Expenditures from Local Option Gas Taxes Dear Mr. Billingsley: This letter will serve as certification that the City of Parkland is in compliance with Florida Statute 336.025, regarding the use of Fiscal year 1996 local option gas tax proceeds, and the City's Comprehensive Plan. Respectfully submitted, ~0A (}.~u~ J~"-i th C. Ki I r Finance Dire tor 97LOCAOPT.B01 Harry Mertz City Manager 6500 Parbide Drive Parkland, Jl'L 33067 May 6, 199? Public Works Department 115 S. Andrews Avenue, Room 514 Fort Lauderdale, FL 33301 (954) 357-6410 . FAX (954) 357-6340 Email: rbrossard@co.broward.fl.us Re: (1) Jl'ourteenth Amendment to Interlocal Agreement Proviclin& for Division and Distribution of the Proceeds of the Local Option Gas Tu: (2) Amendment to Interlocal Agreement Proviclin& for Division and Distri- bution of the Proceeds of the Additional Tu: on Motor hel Dear Mr. Mertz: Browarcl County levies nine cents of local option gas tu: to be distributed In accordance with two Interlocal agreements, Once again, the County Attomey's Office has prepared the necesury annual amendments to the !nterlocal Agreements, to Include the most recent population data to update the distribution formula. The ori,mal siz cents of ._ tu: may be uti1ized for all transportation expenditures as defined by norida Statutes, The additional three cents must be used for transportation expenditures needed to meet the requirements of the capital improvement element of an adopted comprehensive plan, To ensure compliance with State Statutes, please return the enclosed letter, certifying that all 1996 expenditures from local option.as tax proceeds were in accordance with norida Statute 336.025. Both amendments also include a modification of the distribution formula from 62,5% County/37.5% City to 61.75% County/38,25% City. This change was approved by the Board of County Commissioners on May 6, 1997 to eliminate the impact of the incorporation of the City of Weston and the annexation of Bonaventure. Enclosed are three copies of each of the above referenced amendments. These amendments comply with the statutory requirement for the establishment of a distribution formula and Incorporate the latest population ft&ures prepared and published by the Bureau of Economic and Business Research of the University of norida. !nterlocal agreements with municipalities representing a majority of the incorporated population must be executed by both the municipality and Browarcl County prior to June I, 1997, Upon execution, please return three copies of each amendment (siz total) by June 2, 1997, to: Elleen J. Steigerwald, Administrative Coordinator Browarcl County Public Works Department 115 South Andre.... Ave., Room 514 Jl'ort Lauderclale, Jl'L 33301 ~ 1997 . Lights , .4 . T III I . BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS - An Equal Opportunity Employer and Provider of Services Norman Abramowitz Scott I. Cowan Suzanne N. Gunzburger Ilene Lieberman Lori Nance Parrish Sylvia Poltler John E. Rodstrom. Jr. World Wide Web: http://www.co.broward.f1.us May 6, 1997 Page Two Once ezecuted by our Board of County Commiuionen, we wiD return an oripDal of each agreement for your 81... Thank you for your ..siatance in ezpeditiDg theM amendments and should you have any questions, we can be reached at 357-8410. Sincerely. ~L~ Ie Enclosures Lee E. Bi11iDgsley. P .E. Director Office of Transportation cc: Phyllis Berry, Director, Office of Urban Affairs Norman Thabit, CollllDission Auditor 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 B+ to A+, in accordance with the latest edition of AM. Best's Insurance Guide. 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 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 be 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. Word\PRJ Document\230-2- T erramar Park-Agreement I. 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, through its now existing P.J.K. Insurance. 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: Brian Archer, Environmental Resources Director Environmental Resources Department City of Parkland 6500 Parkside Drive Parkland, Florida 33067 11. Miscellaneous. A. Entire Aoreement. 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. B. Assionments: 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 affect or invalidate the remainder of this Agreement. Word\PRJ Document\230-2- T erramar Park-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: Harry Mertz City Manger, City of Parkland 6500 Parks ide Drive Parkland, Florida 33067 Copy to: Andrew Maurodis 150 NE 2nd Avenue Deerfield, Florida 33441 To Developer: Silvio Cardoso United Homes International, Inc. 7975 NW 154th Street Suite 400 Miami Lakes, Florida 33016 Copy to: Gerald L. Knight Holland & Knight LLP 1 East Broward Boulevard Suite 1300 Fort Lauderdale, FL 33301 E. Governina 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 manner pertaining to this Agreement shall, to the extent permitted by law, be held in Broward County, Florida. F. Bindina 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 Document\230-2-Terramar Park-Agreement IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF PARKLAND BY:_<)h~~ ~ J City Clerk ""'J CITY OF PARKLAND, a Florida municipal corporation, through its BOARD OF CITY COMMISSIONERS By: 4f ~~-7-eL/ ATTEST: CORPORATE SEAL By: Word\PRJ Document\230-2-Terramar Park-Agreement Signed, sealed and delivered in the presence of: UNITED HOMES INTERNATIONAL, INC. By: L~'~' Print Name: AUTI.O"'., /l.,;f,::rA4eIl.$ I :TIC. C~h-- .Jc~ Print N me: 7/~/;;1,'d~ L..~.JY} f Title: CII.4tir. /4.tt4,.J Address: 7975 NW 154th Street Suite 400 Miami Lakes, FL 33016 STATE OF FLORIDA COUNTY OF /-...'T,,<.c; t.c ) ) SS: ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by It J1 -I h 0 ;1 r1r )/"J ~ r~ 5 ; J r. ,the (! h C>> J r rY'l d f1 of UNITED HOMES I ERNA TIONAL, INC., 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 personally known to me or who has produced as identification. WITNESSlr1y hand apd official seal in the County and State last aforesaid this 3 I day of lkJlA/C/{ , 19 f1 ~47Ud 11-~<-L~f / I Notary Public \,""1',/ ~~"'!!.~II:::~ "OFFICIAL SEAL" l::~. \c;,'% Themis Barreiro ~.~t ::i My Commission Expires 4/4/98 ~'. 'p f'~~~ Commission #ce 361296 Typed, Print~'O or Stamped name of Notary Public My Commission Expires: WordlPRJ Document\230-2-Terramar Park-Agreement MITIGATION PLAN TERRAMAR PARK City of Parkland EXHIBIT A INTRODUCTION The Joint Mitigation Area for this project is an 8.78 acre Cypress/Pond Apple wetland preserve located in the southwest corner of Terramar Park in the City of Parkland. The wetland was designated a "preserve" as a consequence of the development of the residential areas surrounding the Park. A conservation easement dedicated to the South Florida Water Management District (SFWMD) was described around the preserve area in the 60 acre park. MITIGATION ENHANCEMENT Hydrology - With the development of the active portion of the park, the hydrology of the wetland preserve will be enhanced by directing storm water run-off into the preserve. This will be accomplished through sheet flow and the construction of a storm water bubble-up structure on the north side. The ditches on the north and east sides will be restored to improve the flow into the interior of the preserve.. The interior berm on the north and east side will be removed where possible. The canal on the south side will remain intact. Vegetation - The heavy growth of Brazilian pepper (Schinus terebinthifolius) trees around the perimeter of the preserve will be removed by machine and disposed of by grinding and blowing the chips back into the preserve or hauling off-site. Care will be taken to not disturb the beneficial vegetation or alter the elevation of the wetland. The large interior exotic vegetation will be basely treated with herbicide and left standing. The smaller specimens will be cut down, treated with herbicide and left laying. WordlPRJ Documenls\219-2 Mitigation Plan 1 MITIGA liON PLAN EXHIBIT A Continued MAINTENANCE The wetland preserve will be maintained on a quarterly basis for a period of five years to be in compliance with this Environmental Resource License. The undesirable species shall be removed by physically uprooting and disposing of the individual specimens or by spraying with an approved herbicide. The targeted species will include but not be limited to the following: Common Name Scientific Name Air Potato Australian Pine Bishop Wood, bischofia Brazilian Pepper Carrotwood Castor Bean Day Blooming Jasmine Dog Fennel Earleaf Acacia Japanese Climbing Fern Leadtree Mother-in-Law Tongue Oyster Plant Ragweed Schefflera Surinam Cherry Syngonium Disoscorea bu/bifera Casuarina equisetifo/ia/g/auca Bischofia javonica Schinus terebinthifo/ius Cupaniopsis anacardiopsis Ricinus communis Cestrum diurnam Eupatorium capillifolium Acacia auricu/iformis Lygodium japonicum Leucina spp. A/bizia simp/ar Rhoeo disc%r Ambrosia arlemisiifo/ia Brassaia actinophylla Eugenia uniflora Syngonium podophyllum Every attempt shall be made to attain zero percent coverage of exotic/nuisance plant species during the quarterly maintenance event. At no time shall the coverage of undesirable species exceed five percent of the total vegetation. The City of Parkland shall continue the maintenance beyond the five year period in perpetuity for the permanent viability of the preserve. Word\PRJ Documenls\219-2 Mitigation Plan 2 MITIGATION PLAN EXHIBIT A Continued MONITORING 1. Monitoring shall be conducted for a five year period to assure the permitting agency that the mitigation is a success. 2. A time zero report shall be prepared and submitted to the Broward County Department of Natural Resource Protection (BCDNRP) within 30 days of the completion of the planting. A quarterly monitoring report shall be prepared and submitted to BCDNRP and within 30 days from the end of each quarter. 3. The monitoring report shall contain the following: a. Vegetation analysis of the preserve will be conducted along two established transects. b. Color photographs of the site taken from the same position each quarter. c. Surface water elevations at the time of monitoring. d. A general discussion of the site to include quantitative data, water quality, wildlife usage, percent survival and any unusual circumstances concerning the preserve area. Word\PRJ Documents\219-2 Mitigation Plan 3 I j..... :.'~ . .......'--...... ! :.:<.<......... I ,.".,..... PROJECT LOCA TION .... ...... ." ....:..... , :~ ..'1:'- . . r .... ok .~... :": ~~. ". -- ~l -- -- M~A C'OMHE~CJAL o ~ a: ~ '" ... ltl ;i L.__. o ~ I- a: < :r.. . < a: a: ., I- l'OlO;\.TH" pnl~'r PINrtRU UTATF.5 ~ ~ .. .. ~ NORTH f\ -- -- -- -- -- -- "=iiii ... ii=" EXHIBIT A SITE LOCATION MAP TERRAMAR PARK fOR: UNITED HOMES, INC. PARKLAND, FLORIDA BROWARD COUNTY, 536 T47S R41E PRO.ECT No. 230-2 COIIP. HAllE TERRAMAR nu: IWolE SITE DAlE 3/11/97 SHEET 1 OF. 3 PHILLIP R. JIMRUSTI & ASSOCIATES, INC. ECOLOG1CAL ENGJNEERS ENVIRONMENTAL CONSULTANTS 12730 S.W, 12th Court DAVlB, FLORIDA 33326 (964) 370-8870 LIMITS OF CONSERVATION r--~ I ' I ~ I I I I I I , , , I ..__ I --- ---- ~ .... _ _ J PROPOSED BOARDWALK FOR FUTURE CONSTRUCTION BY CITY OF PARKLAND IF COMPATIBLE WITH THEIR MASTER PLAN. CONSERVATION EASEMENT AREA- '8.78 Ac. LEGAL DESCRIPTION: TRACT "D"OF TERRAMAR TWO PLAT, AS RECORDED IN PLAT BOOK 142, PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA ENCOMPASSING :f:382,702 SQUARE FEET. EXHIBIT A NORTH SCALE 1 "=.300' ~ -- -- -- -- -- - - -.- --- SITE PLAN TERRAMAR PARK PHILLIP R. JIMRUSTI & ASSOCIATES, INC. ECOLOGICAL ENGINEERS ENVIRONlaNTAL CONSULTANTS 12730 S.Y. 12th Court DJ. VIE, FLORIDA 33326 (U64) 370-8870 PRO.(cr No. 230-2 COIlP. NANe TERRAMAR IW.l MAP ^ 3/11/97 SHEET 3 Of 3 rOR: UNITED HOMES, INC. CORAL SPRINGS, FLORIDA BROWARO COUNTY, 536 H7S R41E LIMITS OF CONSERVATION CONSERVATION EASEMENT AREA- 8.78 Ac. NORTH SCALE '''=300' ~ -- -- -- -- -- -- "=ii 0&. iF' EXHIBIT A SITE PLAN TERRAMAR PARK PHILLIP R. JIMRUSTI & ASSOCIATES, INC, ECOLOGICAL ENGINEERS ENVIRONlfENTAL CONSULTANTS 12730 8,1', 12th Court DAVIE, FLORIDA 33325 (96'> 370-8870 PRC>.ECT No. 230-2 COIlP. NNlE TERRAMAR OLE IWoIE MAP DATE 3/11/97 SHEET 2 OF 3 fOR: UNITED HOMES, INC. PARKLAND. FLORIDA BROWARD COUNTY, 536 T47S R41E CITY OF PARKLAND 6500 PARKS IDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 April 3, 1997 Mr. Silvio Cardoso United Homes International, Inc. 7975 N.W. 154th Street, Suite 400 Miami Lakes, FL 33016 RE: ENVIRONMENTAL MITIGATION AGREEMENT Dear Mr. Cardoso: Enclosed is a copy of the executed Environmental Mitigation Agreement betyween the City of Parkland and United Homes International, Inc. that was approved by the Parkland City Commission on April 1, 1997. Should you require further information do not hesitate to contact me. Sincerely, ~9?c~ Helen Lynott, C.M.C. / Deputy City Clerk .. Attachment (1) CC: Harry J. Mertz, City Manager Andrew Maurodis, Esq., City Attorney Brian Archer, Director of Environmental Resources Gerald L. Knight, Holland & Knight LLP Phillip R. Tunrusti & Associates, Inc. winwlJ'd\misc7.doc