Broward County Commission Regular Meeting

A. MOTION TO RELEASE Exhibit “A-2” of the Form Deed of Conservation Easement and Agreement consisting of 0.61 acres of real property located southeast of the intersection of Panther Parkway and Green Toad Road in the City of Sunrise and authorize the Mayor and Vice-Mayor to execute the Partial Release of Form Deed of Conservation Easement. (Commission District 1)

ACTION: (T-11:15 AM) Following Board discussion, Commissioner Wexler made a motion to accept an additional $25,000 provided by the applicant towards the ongoing maintenance of Long Key Natural Area & Nature Center. Commissioner Kiar seconded the motion. (Refer to minutes for full discussion.)

VOTE: 8-0. Commissioner Jacobs was not present.

ACTION: (T-12:12 PM) Approved, as amended, to accept an additional $25,000 provided by the applicant towards the ongoing maintenance of Long Key Natural Area & Nature Center. (Refer to minutes for full discussion.)

VOTE: 7-1. Commissioner Jacobs was not present. Vice Mayor Ryan voted no.

B. MOTION TO APPROVE agreement between Broward County and Sawgrass Property Investments authorizing a second partial release of no more than 8.38 acres of the 9.13 acres of real property located southeast of the intersection of Panther Parkway and Green Toad Road in the City of Sunrise, as depicted in Exhibits “A-1” and “A-3” of the Form Deed of Conservation Easement and Agreement after the two "Cypress Tree Preservation Areas" totaling no less than three quarters (¾) of an acre are subtracted; delegating authority to the County Administrator to execute the Second Partial Release of Form Deed of Conservation Easement upon receipt of $1,000,000 as provided for in the agreement; and authorizing the Mayor and Vice-Mayor to execute the agreement. (Commission District 1)

ACTION: (T-11:15 AM) Following Board discussion, Commissioner Wexler made a motion to accept an additional $25,000 provided by the applicant towards the ongoing maintenance of Long Key Natural Area & Nature Center. Commissioner Kiar seconded the motion. (Refer to minutes for full discussion.)

VOTE: 8-0. Commissioner Jacobs was not present.

ACTION: (T-12:12 PM) Approved, as amended, to accept an additional $25,000 provided by the applicant towards the ongoing maintenance of Long Key Natural Area & Nature Center. (Refer to minutes for full discussion.)

VOTE: 7-1. Commissioner Jacobs was not present. Vice Mayor Ryan voted no.

C. MOTION TO ADOPT unanticipated revenue Resolution No. 2014-255 in the amount of $1,000,000 within the General Capital Fund (3010) for the preservation and enhancement of wetlands and uplands at Long Key Nature Center.

ACTION: (T-11:15 AM) Following Board discussion, Commissioner Wexler made a motion to accept an additional $25,000 provided by the applicant towards the ongoing maintenance of Long Key Natural Area & Nature Center. Commissioner Kiar seconded the motion. (Refer to minutes for full discussion.)

VOTE: 8-0. Commissioner Jacobs was not present.

ACTION: (T-12:12 PM) Approved, as amended, to accept an additional $25,000 provided by the applicant towards the ongoing maintenance of Long Key Natural Area & Nature Center. (Refer to minutes for full discussion.)

VOTE: 7-1. Commissioner Jacobs was not present. Vice Mayor Ryan voted no.

A. Board action is necessary to approve the Partial Release of a Conservation Easement.

B. Board action is necessary to approve an agreement and to delegate authority to the County Administrator to execute the Second Partial Release of a Conservation Easement.

C. In accordance with Broward County Code, Chapter 1, Section 1-20, Board action is necessary to recognize revenue in Fund No. 3010 025 9565 6300.

A. Partially releases the Form Deed of Conservation Easement for Exhibit “A-2”.

B. Enables Broward County to condition the Second Partial Release of a Conservation Easement upon satisfaction of certain inducements and delegate authority to the County Administrator to execute the second partial release.

C. Recognizes revenues provided for Parks and Recreation Division use towards wetland and upland preservation and enhancement.

None.

THE ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT AND THE ENVIRONMENTAL LICENSING AND BUILDING PERMITTING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.

On August 6th, 1996, a conservation easement was granted by Sawgrass Property Investments to Broward County for preservation of wetland mitigation areas associated with the development of the Sawgrass Mills Mall as per Environmental Resource License No. DF95-1047. The conservation easement consists of three areas totaling 9.74 acres of real property located southeast of the intersection of Panther Parkway and Green Toad Road in the City of Sunrise (Exhibit 5).

On September 17, 2004, Environmental Resource License No. DF03-1146 was issued to Sawgrass Property Investments for the relocation of Exhibit “A-2” of the conservation easement consisting of 0.61 acres of isolated wetlands that were determined by staff to be unsustainable and in need of relocation to a more hospitable environment. Sawgrass Property Investments then constructed 0.96 acres of herbaceous wetlands within a quarter mile of the Metropica site as replacement mitigation in exchange for a partial release for Exhibit “A-2” (Exhibit 6). On April 29th, 2008 a conservation easement was granted to the County over the 0.96 acre replacement mitigation area. However, the original conservation easement was inadvertently not amended to reflect the partial release and relocation of Exhibit “A-2”. Therefore, Motion A of this item is a partial release (Exhibit 3) for the 0.61 acre area depicted in Exhibit "A-2" of the conservation easement which was successfully replaced in 2008.

Sawgrass Property Investments subsequently requested to use the remainder of the property protected by the conservation easement in the course of developing a project known as “Metropica” and has drafted an agreement (Exhibit 2) outlining the terms and inducements offered for the release of Exhibit “A-1” and Exhibit “A-3” of the conservation easement minus two certain cypress tree areas totaling no less than three quarters (¾) of an acre that will be preserved ("Cypress Tree Preservation Areas" as depicted in Attachment “C” of Exhibit 2). Therefore, Motion B is for an agreement authorizing a second partial release (Attachment “B” of Exhibit 2) of no more than 8.38 acres of the 9.13 acres of wetlands located on the northern portions of the Metropica site. The offered inducements consist of: