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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 7, 2004 March 15,2004 (Noon,) 0 June 1,2004 May 17,2004 (Noon) 0 April 20,2004 April 5, 2004 (Noon) 0 June 15,2004 May 31, 2004 (Noon) 0 May 4, 2004 April 19, 2004 (Noon) 0 July 6, 2004 June 14,2004 (Noon) 0 May 18,2004 May 3, 2004 (Noon) ~ July 20, 2004 July 5, 2004 (Noon) 0 Administrative ~ Legal - Resolution NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Legal- Resolutions. Staff recommends that this resolution be approved which accepts the dedication ofa 2.6-acre conservation easement. EXPLANATION: On January 21,2003, site plan approval was granted for "High Ridge Commerce Center #2". As this project was approved on property containing natural scrub habitat, habitat set aside and a formal management plan was requITed as a condItIon of approval. The easement will ensure proper preservation of this preserve in perpetuity Please note that in accordance with the "Deed of Conversation Easement", the city (Grantee) shall not be responsible for any costs or liabilities related to its operation or maintenance, and that the easement is for conservation purposes only and specifically excludes any access rights of the public. PROGRAM IMP ACT: N/A FISCAL IMP ACT: N/ A ALTERNATIVES: N/A DeV~iree"" City Manager's Signature p~ ~ireeto, City Attorney / Fmance / Human ResDueces S:\Planning\SHARED\WP\SPECPROJ\Resolutions\Agenda Item Request Resolution(High Ridge Commerce #2) 7-20-04.dot S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC DEED OF CONSERV AnON EASEMENT TInS DEED OF CONSERV A TION EASEMENT is given this LM.-,day of ~ ' 2004 by LEVITT COMMERCIAL .HIGH RIDGE n, LLC, a Florida ~ted Lia ility Company. with an address of 4150 S.W. 2Slla WaYt Fort Lauderdale, Florida 33312 ("Grantor") to the CITY OF BOYNTON SEACH with an address of lOO E. Boynton Beach Boulevard,. Post Office. Box 3\0. Boynton Beach, Florida 33435 (41(jrantee''). A:s used herein, the tem1 Grantor shall i.nclude any and all heirs, successors or assigns of the Grantor, and aU subsequent owners o-f the "Propeny' (as hereinafter deBited) and the tenn Grantee shall include an,y successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach COWlty. Florida, and 'more specifi,cally described in Exhibit "A.u attached bereto and incoq>orated herein ("Property); and WHEREAS, the Grantor desires to construct (name of project) HIGH RIDGE COMMERCE CENTER n ("Project") at a site in Boynton Beach, Palm Beach County. which is subject to the regulatory jurisdiction of the CITY OF BOYNTON BEACH ("City''); and WHEREAS, City Permit No-; ("Permit'j authorizes cenain activities which affect land under the regulatory authority-oftbe City in or of the State of Florida; and WHEREAS) this Permit requires that the Grantor presetve, enhance, restore and/or mitigate wetlands andlor uplands under the Cfty's jurisdiction; and WHEREAS, the Grantor, in consideratiOn, of the consent grante<i by the Penni~ is agreeable to granting and securing to the Grantee a perpetual conseJVation casement as defined in Section. 704.06, Florida Statutes~ over the Propeny. NOW. THEREFORE:, in consideratioD. of the iSsuance of the Pe.nnit to construct and operate the pennitted activIty. and as an induce.ment to Grantee in issuing the Pennit, together with other good and valuable consideration. the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shaJI run with th.e land and be binding upon the Grantor, andshallremaininfullfOn:e and effect forever. The scope, nature,. and charaeter oftbi.sConversati.on Easement shall be as follows: 1. It is the purpose of this Conservation Easement to retain land or water areas in their natural, vegetative. hydrolOgic. scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the Conservation Easemen.t which are to' be enhanced or created pursuant to the Page loi5 FTL'99S777:2 Management Plan ("Plan") descnoed in Exhibit ''Bn attached hereto and incorporated herein shall be retained and maintained in the enhan,ced or created conditions required by the Plan. To carry out this purpose, the following rights are ~nveyed to Grantee by tbis Easement: a. To enter upon the Property at reasonable times with any necessary equipment OJ:' vehicles to enforce the rights herein granted in a manner that will not unreasonably in.terfere with the use and quiet ef\joyment of the Property by Grantor at the time of such entry~ and b. To ~oin any activity on or use of the Property that is in.consistent with this Consavation Easement and to enforce tbe restoration of such areas or features of the Property that may be damaged by any incon.sistent activity or u.se. 2. Except for restoration, creation. enhancement, maintenance and monitoring activities, or surface water management improvemcmts. which are pennittec;t or .required by the Plan, the following activities are pro.bibited in or on the Property: a Constnlction or placing of buildings, roads. signs, billboards or other advertising. utilities. or other sa 11ctL1.~on or above-the ground; b. Dumping or- placing of soil or other substance or m~erial as landfill, or dumping or placing oftrasb, waste, or unsig.btlyoroffen.sivc materials; c. Removal or destruction of trees, shnlbs, or other vegetatioJ)~ except for tbe removal of exotic or nuisance vegetation in accordance with the Pi4n; d. Excavation, dredging. or removal ofloam, peat. i1'llvel, soil, rock, or othe.r material substance in such a manner as to affect the surface; C. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control. water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; areas' , g. Acts or uses detrinlental to such aforementioned reten.tion of land or water h. Acts or uses which are detrimental to the preservation of any features or aspects ofth,e Property having histO'dcal or archaeological significance. . 3. Grantor reserves all rights as owner of the Property, including the right to engage muses of the Property that are not prohibited herein and which are Dot inconsistent with any City rule, criteria, permit and. the intent -and pw:poses of this Conservation Easement. Page 2 of5 ffi:99S 777:2 4. No right' of access by the general public to any portion of the Property is conveyed by tbis Conservation Easement. 5. GranteesbaJl not be- responsible for any costs o~ liabilities related to the OPeJ:atiOD, upkeep or maintenance oftbe Propeny. 6. Grantor shall pay any and all real pro,petty taxes and assessments levied by competent authority on the Property. 7. Any costs incurred: in enforcing, judiciaUy or otherwise, the ~, provisions and restrictions of this Conservation Easem.en,t shall be bome by and recoverable against the nonpre\1al1ing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this Conservation Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breech hereof by Grantor, shaJJ not be deemed or construed to be a waiver or-Grant~'s rights hereunder. 9. Grantee wilt hold this Conservation Easement exclusively for conservation pwpo5eS. Grantee will not assign its rights and obligations under this C~rvation Easement except to another organization qualified to hold such ,interests under the applicable state Jaws. ] O. If any provision of this Con.servation Easement or the application thereof to any person or circumstances is found to be invalid, toe remainder of tho provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 11. Grantor shall insert the terms and restrictions of this Conservation Easement in any subsequent deed Ot other legal instr.umcnt by which Grantor divests itself of any interest in the Property. 12. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United Stats certified mail, return receipt requested, addressed to the appropriate party or successor-ill-interest. 13. This Conservation Easement may be amended. altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or $uccessors.in-intercst, which shall be filed in the public teeords in Palm Beach County. TO HA VB AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and ptttpose imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude nmning in perpetuity with the Property. Page 30(5 FTL:99S777:2 Grantor hereby covenants with said Grantee that Grantor is lawfu1Jy seized of said Property in fee sImple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this Conservation Easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey the Conservation Easement; and that it hereby fully warrants and defends the ~tle to the Conservation Easement b.ereby conveyed against the la.wful claims of all. persons who~so. 'Yt;r. ,d! IN WITNESS WijEREOF; hand this L day of ~'4'..(' Signed, sealed and delivered in resence as witnesses: LEVITT COMMERCIAL ~GH RIDGE II. LLC a Florida Limited Liability Company By; LEVIIT COMMERCIAL DEVELOPMENT, LLC, a Florida Limited Liability Company, Manager ..,._ ,0.. ~ ~.- .---- ---- ,. ...--.. ~~ .. ~l' - j . Seth Wise. President APPROVED AS TO FORM City Attorney STATE OF FLORIDA ) ) SS: COUNTY OF~d ) I HEREBY CERTIFY that.on this day, before me. an officer dUly a1,Jthorized in the State aforesai.d and in the County aforesaid to t~e aCknOWledgments~ f~~o~ttument was acknowledgedbefore me by ~ W/5~ . the . c;,. ~ ofLEVlTT COMMERCIAL DEVELOPMENT LLC, a Florida limited liability compan:y, freely and voluntarily under authority duly vested in him/her. by said company. He/she is ~T.laUy known JQ....m..e or whQ has produced as identification. FlnY baod.aod.<>ffieial seal in !he Countyaod.Statelostali>teSaid Ibis hy of ~. 2004. . ~~~~~s? Page 4 of 5 FTl:99S 777.2 ~"'f. ~ ~ I -, I ~ll , ~.~ I I Ii I ;,. , u} I l I I : I I ~I I ~, I ~I I I [ I I~ I I~ -I I r'"' I I I ' I- I I~ ; t! kl ,i I il I i) I r t ~ I I II ,,~~ tl I ~ I.;: ~I I ~ I is cd -1- 1 ~r ~I~II &u cS ~I t. I ~ ~ 18 I ~!~ I a~ I 90( a:~ ij~. I ~ I ii .:~~ I I ... t; ... 1 ~ ~ I; S~ Q: i ~I i 's ~ I! ~i ~\ (~ ~s ~i b ~~ ~ ~ ~ ~ ~~ ~ ~ II ..:~iH ~~ ~ il e ".. '..fi~ lS 2r~i Ir~ ~ :i. ~. ~ li ~~' :tig ~ f."~" ~....~ ~~ & 1::!Il$:; ~ Ii! i!i = tl;i Jfll ~: ~ ~ii!!1:: ~fil ~ :~ii f~~: E~ ~ ~!~~! 19f . 9.!~ ~ll~. ~s i~gl<i~~ti~ ~I; ,...e1i ~eln IIJ1 C)zSSI~1ljj1 ~~~ i~~~ I~ ~ i!~I!ltlltl -i~ ~h. Iii l~illlnl~ In ~ ~ II!~ , RI ~ :1 !~ .~ ~I : - :1 !Ii ~ i"~ ~ ~~ I~ ; II" ~ ~ !;~ I ,~I ~ "'I~ '" I!I~ ! !ilW i 1;11 ~ nil :5 ! .1- i nl. ; ~fl~11 ' ...... ~IIU II "ddll .; ~-=-=.:i!~ ~ sj ~~ ~ ,7 ;.. ~ ~ t . ,: i~ ~f' h 1:.L ! ill h Ii lit 8""' a ~t: '-"'H,e,I' /Q e PRESERVATION AREA MANA6EMENT PLAN HIGH RIDGE COMMERCE CENTER NUMBER 2 City of Boynton Beach Palm Beach County, Florida Section 17, Township 45 South, Range 43 East e PREPARED FOR: LevittIBank Atlantic Commercial JANURAR.)' 8.2008 e PHILLIP R. JIMRUSTI & ASSOCIATES~ INC. ECOLOGICAL ENGINEERS' ENVIRONMENTAL CONSULTANTS 12730 s.w. 12th Court DAVIE, FLORIDA 33325 (954)- 370-8870 . . e mCB RIDGE COMMw-qa CENTER No. 2 MANAGEMENT PLAN INTRODVCfJON The High Ridge Commerce Center No.2 is a cOJDJ;Dcrcial project that will be developed on a 10.4 acre tract of land located OD the Southwest comer of Miner Road and High RidgeRoall City ofBoynton.Be~ Section 17, Township 45 South, Range 43 East, Palm Beach County, Florida. lbe site is bounded on the north and east by paved roads, on the south by a cleared field and by an undeveloped wooded tract to the west The immediate area surrounding the .property, with the exception of the western wooded area, has been cleared and developed for industrial and residential purposes. The southeast corner and an' area along the north boundary of the property have beeu cleared in the past. The southem areajs opeD ,with some stattered exotic trees and the northern area has a dense growth of exotic shrubs. Approximately 2.6 acres offorested land along the west side oftbe property was set aside as a preserve area to be in compliance with the City of'BoyntonBeach Vegetation and Environmentally Sensitive Land Ordinance ( Chapter 7.5, Article IV). The preserve area is approximately ninety feet wide and abuts a wooded property to the west. The' habitat value of tbe preserve is excellent and with a minor amount of ~otic and invasive vegetation removal an area of open scrob will be created that will support and sustaiD a viable wildlife population. Protecting the western edge of the site wiD provide a valuable core habitat that stilt resembles historic pinebmds that wilt be a val,uable corridor for movement of animals. The purpose oCtbe "Preserve Management Plan" is to provide a comprehensive program {or protection during construction, ,babitat restoration, exotic vegetation retpovaJ and to establish a long term maintenance schedule. VEGETA~ The site can be best descnbedas a sand pine (pinus clausa) dominated scrub habitat. The wooded area .of the site is densely CQ,vered with sand. pine of various ages with an under stOI)' of scrub oak (Quercus spp.). TheTe are DO sand pine seedlings or saplings present in the under story. Approximately ten percent of die standing sand pine trees are dead. Both serotinuous and nonserotinuous .specimens- appeared to be prevalent within the community. Fire bas occwred at some time in the distant past as evidenced by pieces of charred" wood obseJVed on the southern half of the site. Sand pine is a pioneer specie~ and in the absence of periodic fires will often invade open scrub flatwoods, especially during periods of drought. 2 e e e IDGB RIDGE COMMr ~ CENTER No.2 MANAGEMENT PLAN VEGET AnON (Continued} :!'. An open area that occurs on the southern end of the property contains roadside weeds such as Spanish needles (Bidens aJb,j, ceasar weed (Urena Jobata), ragweed (Ambrosia attemisiifofia-}, periwinkle (Catharanthusroseus), ~d various other grasses and forbs associated with open fields. Priddy pear cactus- (Opuntia spp;) was observed 'here and in other sunlit areas of the site and dodder vine (Cuscuta spp.) is mvading the periphery vegetation. The exotic canopy is sparse and consists of earlea{ acacia (Acacia auriculifonnis), Austrialian pine (Casuarina equisetifo]ja)~ Brazilian pepper (Sch'inus terebinQJifoJius), lead tree Leucaena leucoe.ephala).Java plum (Syzygium cumini) and .s.~hemera (Brassaia actinophylJa). Approximately 2.4 acres along the north boundary is covered in dense Brazilian pepper. EarJeaf acacia and schefilera are scattered through out the site. Giant wild pine (TiUandsia utricuJata), inflated wild pine (fillandsia baJbisaiua) and scrub mint (ConradiDa grandi1lora) were Doted in the southeast comer oflhis area. The fPJD=tining two thirds of the property is forested with sand pine aad an occasional slash pine (Pinus tBiottii}. The under story is predominately scrub 'oek (Quercus spp.), Chapmann's oak (Quercus chaPJDani1)" sand live oak (Quercus ~emjnata), saw palmetto (Seroua repens). paJafoKia (palafoxia fea)1), paw paw (Asimina reticulate), staggerbush (l.yonia furruginea), huckleberry (Vaccinium mysinites) pd Florida privet (Forestiera sesregata). Because of the dense pine canopy, the wooded area is depauperate of ground cover. Rosary pea (Ceropegia woodii) covers a large portioll of the area and scattered clumps-of wire grass (Atstida stricta) and gop~er apple (Licania micbauxii) were obseJVed. Wild pine (Tillandsia spp.) occurred sporadically on a few of the trees. ~ The US Department of AgricuJt1U'e, Natural Resources Conservation Semce Soil Survey of Palm Beach County indicates 'that the substrate of the property is Paola sand (pcB) along the east one half and St. Lucie saud (SeB) on the western one half. Both of these soils are nearly level to sloping, excessively drained, deep, sandy soil on long narrow, dune--like -coastal-ridges and- on isolated knoBs. The water table is generally below a depth of six feet. 3 BlGB RIDGE COM'MI :E'CINTER No. % M,U(AGEMENT PLAN .".~ Based on previous 'studies ,of animal populations within the .sand Pine SCJUb and Pine Flatwoods communities, a gopher tortoise (Gopberus polyphemus) and listed animal species survey was conducted in November 2002 for the project. During the field survey of the~; all gopher tortoise (Gopberus poIyphelQUS) bwrows were located and mapped within the scrub, llcuwoods, and disturbed portions of the site. A , total of 19 burrows were distributed as {ollows: 6 active, 1 inactive and 12 abandoned. Active burrows were identified by the presence of tracks, cleared openings or recently excavated soil. Inactive burrows usually showed no signs of soil excavation and were frequently Jittered with fallen leaves and other debris. Abandoned burrows were often caved-in or covered with leaves with t1q signs of activity. Since gopber tortoise utilize more than one burrow, estimates of abundance were based on a multiplier of 0.6 x active and inactive burrows (auffenbeJ:g aud f'1.im 1982). Jfwe assume that the multiplier is an accurate estimate of tortoise populations throughout Florida, 7 burrows represents an estimated population of 4 or 5 gopher tortoise. The relocation of five or less gopher tortoise would- require anonsite permit from the Florida Fishan~ Wildlife Conservation Commission. The western twenty five percent of the site wiD be utilized as a preservation area for both plants and animals. e Other bwrow commensals sucb as the gopher frog, (Rana areolata) and eastern indigo snake (DrymarchoD corais couper) as weD as the Florida scrub Ii%ard were also looked for at the time of the gopher tortoise study, but DO additional animals were observed. RESIDENT ANIMAL SPECIES The following animal species were observed on.site during the most recent field survey. .0 __ .... .~...... - --........- .. ....... ..~. ._-. .. ....-- -......... .. -tp ... MammaJ.s Nine banded armadillo (Dasypus novemcnctus) Opossum (Djdelphis vurginiana) Raccoon (Procyon lotot) Grey Squirrel (Sciurus carolinensis) e ~ Ground dove, (Columbia passerina) Mocking bird (Mimus polyglottos) Mourning doves (Zenaida macroura) 4 BlGB JUDGE COMMl ~'CE.NTER 'N.. 2 ~AG!MENT PIAN e . .;wI1J1J~I-F~n.u.e.dl_-_~, Qtber Vertebrates , J Oak toad (Hufo quercJcus) Green aooJe (ADolis carolinensis) Six-unedracerunner (Cnemidophorus sexlineatus) Gopher tortoise (Gopheros polyphemus) ~ Wetlands do not occur OD this property. MANAGEMENT 'e Active management of the preserve will be conducted in phases as descnDed below. 1. Preconstruction. 2. Gopher tortoise relocation. 3. Exotic and invasive vegetation removal. 4. Construction. S. Habitat restoratioD. 6. Monitoring and maintenance. Pre~oDstructjon: The boWldaries of the preseJVe area must be delineated by a surveyor with stakes placed along the property lines and eastern delineation line on twenty five foot intervals. A four foot high orange vinyl coostruction fence with 'six foot -steel posts- on ten foot centers must be erected on the east. north and south bo\Dldary line of the preserve. In addi. a . '-wee foot high silt barrier must be placed directly in front of the construction fence along the east boundaly of the preserve. Gopher Tortoise Relocation: e The active gopher tOl1oise- bwTows wiD be excavated and 'the ,aniJ:oals will be placed behind the preserve area fence in accordance with the Florida Fish and Wildlife Conservation Commission relocation pennit. 5 e e . .. BlGB RIDGE CO~:dCE CENTER No.2 MANAGEMENT PlAN e .~..1,otj~ ~Qd Invasive Vegetation Removal: "':'~' ......:._....... The northern three hundred feet of the preserve is totally infested with Brazilian pepper resulting in the near elimination of aD underlying species of vegetation. These trees will be removed by hand cutting at ground level and treating the stumps with an approved herbicide. Use of a tractor equipped with a hydro-ax is an opti9D8l method for cutting the tJ"ees.to- srOUDdJevel. Large areas of the wooded portion of the preserve are covered with rosary pea vines inhibiting the movement of gopher tortoises and other small anima's. The vines will be treated with an approved herbicide and allowed to decompose inpJace-. The- entire- preserve wiD be campaigned to eliminate any exotic species of vegetation that appears on the Florida Exotic Pest Plant <;ounciJ list. These specimens will be treated with herbicide and left in place. Construction: The developer's contractor wiD clear and grub the developed portion of the site east of the preseJVe. The integrity of the eastern preserve botD)daJy line must be maintained at all times. If the. trunk of a tree or the-majority ola tree' s.roorsfaUs. on. the east bound8Iy line, then the tree and the roots must be removed by hand to the limits of the preserve. If the roots of any tree protrude beyond the east line of the preserve, then the roots must be removed by banclThe Environmental Consultant will deterJlliK if the roots can be safely removed without banning the tree. If they cannot, then the tree must be removed by hand. After the clearing and grubbing bas been completed the developer's contractor will install a concrete retaining wall eighteen inches east oithe preserve eastern boundary. Extreme care must. be taken that no fill or debris be allowed tobreecb the silt barrier and construction fence. Any voids that OCCW' OD the west side of the retaining waD will be fiJJed with sand by hand~ Clearing and- gJ11bbing and construction of the retaining waD will be observed by the Environmental ConsuJtantto,assuretbat there &rcno adverse impacts on the preserve. During subsequent construction activities, extreme care must be taken at all times thaf debris and other extraneous matenaJ-does not enter the preserve area. at any time~ 6 . '. mGB RIDGE COMMb...~ CENTER No.2 MANAGEMENT PLAN . ~B1fbita+Rest9r:8tiom:.~..: . The northern three hundred feet of the preserve will require the installation of a certain amount of vegetation. It is anticipated that a temp<)nuy inigation system can be placed in this area aIler- the water retention pond is excavated., Wa~ of newly instalJed plants is essential until they become established. Unless there is a drought, the watering is generally for a period of six months. The interval of time between the Brazilian pepper removal- andtbe irrigation installatio~ wm provide any indisenous under story vegetation that has been dormant time to regenerate. Any replanting required along the east preserve boundary after construction of the retaining waD can be done at this time. The irrigatiollliue CaD be extended to acccmmodate ,the new plants.. V cgetabon species proposed for habitat restoration include, but are,not limited to, the following: Cabbage paIm-(SabJe palmetto.) Saw palmetto (Serenoa repens) Scrub oak (Quercus spp.) Sand pine (pinus-ciao-sa) Pawpaw (Asimma reticulate) Staggerbusb (Lyonia ferruginea) Gopher apple (Licania midmuxh) Wiregrass (Arstida stricta) e Trees, shrubs and herbaceous materiaJ wi) be containerized. Trees and shrubs will be planted on ten rootceaters- and- ground co-"!- er will be on three -foot centers. No plant relocation will OCCW" within the preserve a ;ea. Monltoring a-1Ki Maintenance: MONIT-ORJlSI.i 1. Monitoring shall be conducted' for-'a two year' period to 8$SUte the City of Boynton Beach that the management plan for the preserve is successful. 2. A-time 'zero repon sliill'b<f-Ptepared'and submitted"to, the City'Qf Boynton Beach=- Planning and Zoning Department City Forester within 30 days of the completion of the planting. A quarterly monitoring report shall be prepared and submitted to the City Forester within 30 days from 'the- end, of each quarter for the first year and annually for the second year. Tbe City Forester will be appraised of each development that occurs prior to the submittal of the time zero report. e 7 BIGH RIDGE COMMr-CE CENTER No.2 MANAGEMENT PLAN e -, .J______ Tb~J~O~~<?rin8 rel'E!!,shaIJ contain the following: a. Estimated coverage of plant species composition and percent survival of the woody species within the planted area The area wiD be Doted for recruitment,. signs of stresst deterioration .and- percent infestation of exotics species. b. Color photographs of the site taken from the same position each report. c. A general discussion of the site to include quantitative data, water quality, wildlife usage, percent smvival and any W1usuaJ- circumstances concerning the planting area. ~ e The preserve area shall be maintained on a quarterly basis into perpetUity to control and remove invasive- and. exotic vegetative species as defined by the FlQrida Exotic Pest Plant Council. The tmdesirable species shall be removed by physically uprooting and disposing of the individual specimens or by spraying with an approved herbicide. Every anempt sbaD be- made 10 attain zero- percent oovenge of exotic/nuisance plant species during the quarterly maintenance event. PROHJBJTE~ ACTMTIES Prohtbited activities in the preseNe include, but are not limited to: CODStnJction or placing of building materials ODt above, or below the ground~ dwnping or placing soil or other substances such as garbage, trash and landscape cuttings; removal or destnJction of native trees, shrubs or other native vegetation; removal or causing harm to resident .~~.~~~~.~ 8D;y'other ~s~ ~xcavatingt dredging or remov;d of soil material; . '..... .... ,diking OJ: fencing; recreational .vehicJe~us.e;. any acti~~s ~~trimental to drainage, flood control, water conservation, erosion control and wildlife babitat conservation and preservation. NoalteratioD& are pennjtted .within .the preservation area easeJDellt without prior approval of the City of Boynton Beach. . 8 . . WGB RIDGE COMM.. CE CENTER No. 2 MANAGEMENT PLAN 'e .~~~ITRESPONSIB.~m The Owner of Record of the High Ridge Commerce No.2 development project will be responsible for the financial responsibility of the preserve area. The financial responsibility will be transferred- with the ownership of the property. ~NTrr'tRESPONS)BLE FOR ~~GEMENI The Developer or Owner of Record of the High Ridge Commerce No.2 development project wiD be responsible for the initial and long. term management of the preserve. The management responsibility will be transferred with the oWDersbip of the property. ..D.Mi~CHEDULE , The foJJowing is an approximation of the scbedule ofevents concerning the development, of the preserve area: e February 2003 - Smvey preserve boundary, install construction fence and silt barrier, apply fOf gopher tortoise relocation permit. (permit has 30 day expiration and can be obtained in 2, weeks) March 2003 - Remove exotic vegetation from preserve, relocate gopher tortoises, clear developed site. September 2003 - Install temporary irrigation, plant vegetation to restore the northern portion of preserve and the east bOlmdary. November 2003 - Submit time zero monitoring report. November 2005 - Submit 0081 momtonng report. .a 'J. .... .... .... 'I ~ .... .. . 9 HIGH RIDGE COMMERCE CENTEPNo.2 ,'\ :.J :;!+' ! r ! ~.: } ;; .ft j I ~ . --.. ,-.I... \ I 1 I, il I " .M.._...._ ". ...... .. ...---.. .................... ...... , i~ ,~ ~ in \ J I .1000 ft M..'"_.....lllotI_ ""-,,U '$ .IlN AD . LOCATION MAP -Ill QI' .'.. 2132' 24"- ~ 'Iff ~...~. ,1ItUll...... -,: ,M' _~,_.: ~ -- =~ -= ~..r !' ~c4 O~ Zz . N d ..J Z; ~ ~ ~ ~ 5 i~ z w ~ ~ ~ ~~ ie ~ 8 ~ ~i 8 I 6; ~ E ~ ~ :I: I I I . . . <( w 0::. <0- . <( . ~UJ, 0:::. wN (/) w 0:: a. ~_..... ~ -- -- = -- -::; .. ;::- " ~ CI! I-: z . . .~ ~:'.:' .'. '. t ... ! . .. '\.1. .. ... ~ . 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" " N ~ N i ~ ~ ffi ~ ~ ~ s! ~ I Ii Ii ~ 8 iI( l!i i5 << ~ 161 ~ ~ 1 r. . . .. ,,;:-:. ..... .......:.:..~7;...~::7::.::::---. ," 0" .,.. N' . ,..-..~ ... .0 If) ....... l:J Zw .....c. I-<t V)~ xL:) W ., " . , GOPHER TORTOISE SURVEY :-. '. Ii<'" . !:"., -............... -~..~. Figure 2. "-, ";." USted animal species location map for-the Hiah Ridge Road property [ltieltd: AC - ACtive tonoise burrow. IN - Inactive tonoise burrow,' AB _ Abandoned tonoise bUITQw J .;, '~N',?"~ ...... ,-' ~';'!o '\~. 1,. ~ . "': '-. :. ...". . -'..'. ';, ... ., . , ."" 1.- I ..... '~Jj. "'f':,.. ~ "'''o! -- ',,,. :),;~..J. . tll!f~'" ~. . .,.' .,. '. ~. . 'iJ, ", ;,. ~ '.:: 'f" 't~_ . ~.',v,..,;'~_.. r .. .).:t#:J'" ..,... .. ~d. . . . 1!fI"~t -S) .. " ._~..........:a:r;l...~ , ~"J'''',~-.Jl" ...~.::.. , o.l;'1i': ...~.~. .:tt-~ ",,: ~:. . ...!.(II;~~'''~' ..;t:~J~~~~';I,.r.\~:~'~'~ f'~ "~'=. -.. . il"~,.. :.e..~ :.... .~ ,~. .' .J'I-,. .. , :it ;.-.!_.- i ~':~ ~.:n- .~... ", ! ',it' at.. ,. : .'\0; . .~ 'r.~:" . !'iiLL.':"'" ...., · :) "~ ' :;;.'rI' . ~'~ t !JlC.,' . . ;:f)._ ~. ;;~.~~'. :!"'.. t.r, ., . "..... . '..; ~b ',. '.~\.. . !>' .~~J.s;., ~ 't;.:rQ _ "... .... CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet .m.Y.H accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one copy of aaenda reauest (with back up) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Department Head's initial~0~ Resolution accepting Conservation Easement (High Ridge Commerce #2) Please do not write in the shaded area below. bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover Checklist April 6 - July 20, 2004.doc V;...t- 1/ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office 0 April 7, 2004 March 15,2004 (Noon.) 0 June 1,2004 May 17,2004 (Noon) 0 April 20, 2004 AprilS, 2004 (Noon) 0 June 15,2004 May 31, 2004 (Noon) 0 May 4, 2004 April 19, 2004 (Noon) 0 July 6, 2004 June 14,2004 (Noon) 0 May 18,2004 May 3, 2004 (Noon) ~ July 20, 2004 July 5, 2004 (Noon) 0 Administrative ~ Legal - Resolution NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 Unfinished Business RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Legal- Resolutions. Staff recommends that this resolution be approved which accepts the dedication of a 2.6-acre conservation easement. EXPLANATION: On January 21,2003, site plan approval was granted for "High Ridge Commerce Center #2". As this project was approved on property containing natural scrub habitat, habitat set aside and a formal management plan was required as a condition of approval. The easement will ensure proper preservation of this preserve in perpetuity. Please note that in accordance with the "Deed of Conversation Easement", the city (Grantee) shall not be responsible for any costs or liabilities related to its operation or maintenance, and that the easement is for conservation purposes only and specifically excludes any access rights of the public. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL~RNA~ 0..4 eIrt. ep~ kecror City Manager's Signature '~J PIamring ~Director City Attorney I Finance I Human R<:sources S:\Planning\SHARED\WP\SPBCPROJ\Resolutions\Agenda Item Request Resolution(High Ridge Conunerce #2) 7-20-04.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC