Loading...
2nd Amendment 04/16/1997 q cwwry Dannp I. Itolfjage BRANCH OFFICE CLERK OP THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL(305)2896027 KEY WEST,FLORIDA 33040 TEL(305)852-7145 FAX(305)289-1745 TEL(305)292-3550 PAX(305)852-7148 FAX(305)295-WO MEMORANDUM TO: James T.Hendrick County Attorney FROM: Ruth Ann Jantzen Qh Deputy Clerk DATE: April 22, 1997 At the April 16, 1997 County Commission Meeting,the Board granted approval and authorized execution of an Amendment to the Ocean Reef/Golf Manor Settlement Agreement,as revised. Enclosed please find four duplicate originals of the above Contract,executed on behalf of Monroe County. Please be sure that one fully executed copy is returned to this office as soon as passible. If you have any questions regarding the above,please do not hesitate to contact this office. Enclosure cc: County Administrator, w/o document Growth Management Director, w/o document Fde • AMENDMENTS TO THE OCEAN REEF/GOLF MANOR SETTLEMENT AGREEMENT tit This agreement is entered into this //7 day of AQ?I l� , 1997 between LEWIS PROPERTY INVESTORS, MONROE COUNTY and FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. PURPOSE AND INTENT. Recognizing that eight homes can be approved for Golf Manor(also known as Martinique Village) under the previously-approved 1986 Master Development Plan for Ocean Reef Club and the provisions of the May 3, 1995 Settlement Agreement and exhibits, the applicant, LEWIS PROPERTY INVESTORS, seeks to amend the May 3, 1995 Settlement Agreement entered into by the previous owner, KEY LARGO GROUP, INC., MONROE COUNTY and FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. LEWIS PROPERTY INVESTORS seeks approval of these amendments in order to : (1) to protect the existing native hammock to the maximum extent possible; (2) obtain a limited view corridor; and (3) transfer monies allocated for on-site restoration within Golf Manor II to the creation of an off-site hardwood hammock and wildlife corridor at the Carysfort Yacht Club Restoration Project or Port Bouganville, Key Largo, Monroe County, Florida. In order to further these objectives, the parties agree to amend the May 3, 1995 Settlement Agreement (incorporated herein by reference)to include the following additional provisions: 18. REPLACEMENT TREES. Any threatened, endangered or regionally important plant or tree species or any native hammock trees with a 4 inch diameter at breast height (dbh) or greater that are located within the proposed building footprints, which must be removed for construction shall be replaced on a one-to-one ratio and incorporated into the landscaping of the project. These replacement trees are in addition to any trees that are needed to meet the additional Class "E" bufferyard standards required under paragraph 20, set forth below. 19. STREET SETBACK. A variance shall be granted to any applicable street setbacks from Hardwood Hammock Drive provided that all structures shall maintain a minimum 15 foot street setback from the furthest extension of the building to the edge of the pavement for safety reasons. 20. VIEW CORRIDOR. The intent of parties is to establish a view corridor to allow occupants of the homes to prune the midstory branches in order to view the golf course from their living rooms and other first floor areas, yet preserve the native hammock tree canopy and understory as follows: A view corridor from the first-floor living-area of homes located on lots 3 through 8 can be pruned and maintained in a manner that allows the applicant or occupants of the homes on these lots a view through the mid-story branches between 10.6 feet (mean sea level)to 21 feet (mean sea level) that is equal in width to the wall-to-wall width of the house parallel to the rear lot line. All pruning and maintenance must be in accordance with the pruning regulations set forth in Exhibit 1. All understory below and canopy branches above and below these levels shall be preserved and maintained in its natural-state. Understory shall be maintained in an undisturbed condition and non-native plant material (including mulch, pea gravel and fill) shall not be placed in this area. The geographical extent of these hammock areas will be delineated and designated as "hammock preserve" on an aerial photograph overlay, Exhibit 2, (To be approved by Monroe County Staff). 21. BUFFERYARDS. A variance from the 30% lot coverage requirements required by the pre-1986 code, is approved conditioned upon: (a) the creation of a 20 foot rear class "E" bufferyard on lots 1,2 and the previously-cleared half of lot 3 (with 12 canopy, 6 understory, and 36 shrubs of plant material per 100 feet) as required by Code §9.5-379. Further, all landscaping in the Class E bufferyards on Lots 1, 2 and 3 shall be comprised of trees and plants that are native to the Florida Keys; and (b) preservation of the existing native hammock as a bufferyard on the uncleared half of lot 3 and lots 4-8. The hammock preservation area shall remain undisturbed, except that pruning and maintenance of a view corridor will be allowed as set forth above in paragraph 19 of this addendum; and (c) non-native plants are prohibited in both the class E bufferyard and native hammock preservation areas. (d) The owner agrees to On-Site Restoration equivalent to sixty (60%) percent of the acreage of one-half of lot 3 and all of lots 4-8, Golf Manor II, which is the subject of the Department of Community Affairs pending Notice of Violation, referred to herein as the "on-site restoration area." This agreement is hereby reaffirmed and continues to be binding on Owner, its successors and assigns. (e) All view window square footage in 21(B), above, shall be restored on-site on a 1:1 ratio, (i.e., 6500 square feet or 260 trees). In the event there is insufficient previously cleared area available for on-site restoration, off-site restoration will be allowed at a 4:1 ratio. Off-site restoration shall be on publicly-owned conservation lands and the species shall be approved by both the recipient and Monroe County. (i.e., Monroe County Environmental Resources). 2 22. OFF-SITE MITIGATION. A variance to revised Code §9.5-344 (Transplantion Requirements) shall be granted in this cases, as follows: A. The sum of$10,175.00 has already been paid to Monroe County pursuant to the 1995 Settlement Agreement by the previous owner. B. The $19,405.00 currently placed in escrow by the previous owner for on- site restoration that was not completed as required will be transferred off-site to hammock restoration projects or wildlife corridors at Carysfort Yacht Club Project, Key Largo, the Port Bouganville Restoration Project, Key Largo. This money must be used for plants and trees, planting and site preparation work on the above-listed projects, and shall not be used for purely administrative costs. C. LEWIS PROPERTY INVESTORS shall further enhance the off-site mitigation project funding by an additional $25,000.00 to be paid at the time the settlement agreement is amended, or on November 1, 1997, whichever later occurs. This money must be used for plants, trees, planting and site preparation work on the above-listed projects, and shall not be used for purely administrative costs. D. If the money is not needed for the above-listed projects, it will be used for plants, planting and site preparation at other state or county hammock restoration projects in Key Largo. The total fees for off-site hammock restoration projects in Key Largo will be $54,580.00. 23. RECORDATION. The amended settlement agreement, incorporating the pruning regulations, and aerial photo overlay depicting all hammock preservation areas, shall be recorded and binding upon heirs, successors, and assigns of lots 1 - 8 of Golf Manor II (also known as Martinique Village), Parcel A, RE# 00572797-003604. 24. HOUSE BOOK. In addition, a "house book," explaining the provisions of this agreement, including the hammock preservation areas and the pruning regulations to home buyers and their guests must be provided to each home buyer at the time of purchase. The intent of this book is to explain the terms of LEWIS PROPERTY INVESTORS' agreement to subsequent home buyers. A written receipt of acknowledgment from the lot or home buyer must be obtained by, and is the responsibility of, LEWIS PROPERTY INVESTORS. 25. FEES AND RESTORATION. In the event that this agreement is breached the County may require restoration by the responsible party pursuant to Monroe County Code §9.5-119 and also entitled to recover legal fees and costs incurred in any enforcement proceedings against the responsible party. 26. CONDITIONAL PERMITS. In recognition of the undersigned applicant's agreement to amend the settlement agreement, as set forth above, Monroe County will immediately process and issue conditional building permits for lots 1 through 8. The applicant agrees to the following conditions on the building permits for lots 1 through 8. 3 "Certificates of Occupancy for lots any lot is conditioned upon compliance to the planting and landscaping restoration plan as agreed to in: (a) the existing May 3, 1995 settlement agreement; or (b) this amended settlement agreement, as may be amended by mutual consent of the parties. Certificates of occupancy will not be issued within Golf Manor II until the applicant and current owners demonstrate full compliance with all of the terms of the settlement agreement as may be amended. If this amendment is not approved by the Monroe County Board of County Commissioners and the Department of Community Affairs, completion of on-site restoration pursuant to the existing Settlement Agreement dated May 3, 1995 will be required prior to issuance of certificates of occupancy for homes on lots 1 through 8." IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized undersigned representatives on the dates and year written below. LEWIS PROPERTY INVESTORS LEWIS PROPERTY INVESTORS By: Bruce Harkness Vice President STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this day of April, 1997, by , who is personally known to me OR who produced as identification. NOTARY PUBLIC STATE OF FLORIDA My commission expires: 4 MO O U TY _y 0 , t y: Keith o glass k; Mayor • DANNY L NOthAOE arm sy STATE OF FLORIDA � COUNTY OF MONROE The fore oing instrument was acknowledged before me this ' ' day of April, 1997, by Thei.sakeetatii , who is personally known to me OR who produced as identification. 71917; , RI iTli ANN JANTZCN (;34rcias�4; QM➢Cim L p 12/ 0/99 Vy„i`�. EL3o.3> Rooted RCry y SIcc IRS NOTARY P / No c050e325 STATE OF FLORIDA My commission expires: Approved as to form and legal sufficiency: Date: 11•/4.9? 5 • DEPARTMENT OF COMMUNITY AFFAIRS By: Charles Pattison Florida Department of Community Affairs Director, Division of Resource Planning and Management STATE OF FLORIDA COUNTY OF MONROE The foregoing instrument was acknowledged before me this _day of April, 1997, by , who is personally known to me OR who produced as identification. NOTARY PUBLIC STATE OF FLORIDA My commission expires: Approved as to legal sufficiency: Attorney for DCA 6 • Pruning of shade trees shall only be performed by qualified tree workers who,through related training and'nr on Gip job experience, are familiar with the techniques and hazards of arboricultural work including trimming, maintaining,repairing or removing trees,and the equipment used in such operations. The pruning of trees can be a potentially hazardous occupation and is to be undertaken only by qualified personnel or trainees under the direct supervision of qualified personnel. All tree workers/trainees should be covered by worker's compensation, property damage ,public liability and completed operations insurance. BEFORE PRUNING CLASS III-HAZARD PRUNING • CLASS II-STANDARD PRUNING CLASS I•FINE PRUNINA• DL:\GR\fit A -The Three Classes of Pruning EXHIBIT • l: All cut limbs shall beni removed from the crown ufsur r. Trmfrnrn' of runt One'wounds with wound 1emxsing„r paints hasant ni t been shown wo In s liar in riming or rompktimi of the pruning. reducing decay. and is not generally renrrmuven: (or g. Trees susceptible so rerlsus infectious diseases should that reason. Wound dressing over infected wood may stimulate the ilisly process. If(founds ere printed far not be prunedscosat the dam of yearthe during which arthc dsrnetir mother.stxnnx,then materials non-toxic to(hr pa mast active. Similrlydf prunnr winsectray att are cambium h:err ofni,rieenmlir tissue must be used.Care har Similarly,pr if pruningltuneds ca ramiect must betoken to apply a thin coating of the materiel only harmful insects,pruning should be lineal m ins to audit: to(he rxlsrsnl used. insect infestation. re Those additional specifications shall also apply to d' Oldrll and ries where the cal be lusld.gro hase we closing ts not already pod Y Class I. Fine Pruning: completely established should be bark traced if the hark appears loose or damaged. Such tracing shall tail h. Remove the weaker or less desirable of crossed penetrate the xylem rssaprl•nod), and margins shall be or rubbing brandies. Such removal, If possible. kept murided. should not leave large open spaces In the general outline of the tree. e. hquipment that will damage the bark arid cambium later should not lie used an or in the tree. For example, the use of climbing spurs (hooks, irons) is not an follows: • I.Where s o al. all visible girdling roots shall be creatable work pranitr for pruning operations on fire treated as t011dws: trees.Sharp Bals shall be used so that dean ruts u•il1 be made at all lime%, 1. Cut root at either end, or 2. Sever root in center with a chisel and allow ( pit cut limbs shall be removed front the crown upon growing tree to push root away. completion of the pruning. 3. Remove section of root. g. Tiers susceptible to serious infectious diseases should f j.The presence of any disease condition,fungus not be pruned[n �he time year he during which rectorshthe fruit bodies, decayed trunk or branches, split pathogens causing attract are retches or brandies, cracks, Or other structural most active. Similarlly, i s pruning gabe tonun may la r d harmful inserts,pr nB ness shall r reported in and ing t a insect infestation. supervisor and/or the owner, and corrective measures recommended. These additional specifications shall also apply to Class II, Standard Pruning: CLASS II-STANDARD PRUNING h.All visible girdling roots are to be reported to a Standard pros are is recommendedatstructural where aesthetic supervisor and/or the owner. considerations are secondary to integrity and tree health concerns. i.The presence of any disease condition, fungus fruit bodies, decayed trunk or branches, split Standead,dard dying,y pruning shall consisty of, Ine removal. of crotches or branches, cracks, or other structural objectionable, obstruc ng,andg, ale bn , weakness should be repotted In wddng to a well asolt obstructing,to lessen en wind branches,ce supervisor and/or the owner,and corrective e removal selective such degit ledsbr resistance. measures recommended. The of suds described branches b to Include those on the main trunks, as well as those CLASS III-HAZARD PRUNING inside the leaf area (see Diagram A).An occasional undesirable branch up to one Inch (2.5 cm) In Hazard pruning is recommended where safety diameter may remain within the main lea)area considerations are paramount. where It Is not practical to remove 2 Hazard pruning shall consist of the removal of dead. The following 0 Classs) Specifications,Pre listed. below in diseased. decayed. and obviously weak branches, italics, apply to II,Standard Pruning. two inches (5 cm) In diameter or greater (see a.All aura shall be mode as dose mptwaWk W the trunk or DIAGRAM A). parent limb, without cutting into the branch collar or The following General Specifications, listed below in leaving a 1protruding pruning n stub(See diagram rB Bark at the italics, apply to Class III, Hazard Pruning: edgy of all P''uning cure should remain firmly attached. or b.MI one hand shall a cute t made ru clue Inpossible the r recuseDIAGRRAM C)to avoid plittg or tearg of Pre t lieb withoutt ts ng toiltbranchtailo nr m n Sr other nluipment braving a protruding snit (Se DIAGRAM Bt. park at the (ul rk. W7_•-^ nxJ..., In. PI'. Inrv.. hmnrk,e or :gabs to the the rdgr of an pruning CUM slims/d remain firmly . • All of the following of General Specifications. listed 1lecs are complex living organisms whose growth.appearance• condition and longevity are greatly below In italics, apply to Class I, Fine Pruning: influenced by environmental factors. Useful a.All eats shot(be made as dose as possible to the troth.or generalizations concerning pruning practices canparent limb, without cutting into the branch adhtr or be made to improve the health, structure, heaving a protruding stub(Sue diagram DI. Dark ed flu aesthetics, and safety of trees, even though tree edge of all pruning cuts should remain firmly attached. species may vary In their cultural requirements,and even within a species Individual trees differ In branch configuration. 6.All brunches ten large to.support with One hard shall be precut(see Diagram C)to avoid splitting or tearing of There are four classes of pruning established to the bark. Where necessary. ropes or other equipment accommodate varying work needs. Pruning should be used to hewer large branches or.stubs to the performed on certain tree types, such as palm and ground. Norfolk Island pine, might not tall Into these categories due to these plants' particular growth y� eharacteristiCS. A ,\`, CUT S CLASS 1- FINE PRUNING . Fine pruning is recommended for premium quality ( ' work with an emphasis On aesthetic considerations in addition to structural integrity. "lit Fine pruning shall consist of the removal of dead. tl dying, diseased, decayed, interfering, objectionable, I �' rt ,l I obstructing, and weak branches, as well as / selective thinning to lessen wind resistance. The CUT A removal of such described branches Is to include 7 i r 'I -those on_the main trunks, as well as those Inside the jl leaf area (see Diagram A). An occasional t undesirable branch up to one-half inch (1.25 cm) In ' diameter, as described above, may remain within CUT C 1' ; the main leaf area to its full length when it is not , practical to remove It. .'1 - JII i DIAGRAM C ' e. Treatment of cuts and wounds with wound dressing or iIct(1 paints has not been shown to beeffective inDreventing or 4! I reducing deray, and Is not generally recommended for that reason. Wound dressing ewer infected wood may I stimulate the decoy process. If wounds are painted for It 0 '1 cosmetic or other reasons,then materials non-mete to the : cambium layer ofineristemat4 tissue must be used.Care J), must be taken to apply a thin coating ofthe material only to the reposed u+nad Ol7T d. Old Injuries orc to be Insprded. Thom not dosing properly and where the callus growth is not already completely established should be bark traced if the bark appars loose or damaged. Such tracing shall not COLLA9 penetrate the xylem (sapwood), and margins shall be kept rounded. / I e. Equipment that will damage the bark and canbiam layer should not be used on or in the tree. For ample. I the use of climbing spun (hooks, irons) is rug an • acceptable work practice for pruning mutations on life DIAGRAM B trees.Sharp tools shall be used so that ehon ems will he math.at all times. 6.AU branches too large to support with one hand dull be precut(sae DIAGRAM Cl to avoid splitting or tearing of the bark. Where necessary, ropes or other equipment should be used to lower large branches or clubs to the ground. c. Treatment of cuts andwounds with around dressing nr paints has not been shown lu be effective in preventing or reducing decay, and is not generally recommended ended for that rvvson, Wound dressing over infected wood may stimulate the decoy process. If wounds are painted fist cosmetic or other reasons,then materials non-wait to the cambium laver ofineristematit tissue must be used.Care must be when to apply a thin mating of the material only to the exposed wand, d. Old iniuries are to be inspected. Those not closing properly and where the callus growth is not already completely established should be bark traced if the bark appears loose or damaged. Such tracing shall not penetrate the xylem (sapwood), and margins shall be kept rounded. • e. Equipment that will damage the bark and cambium layer should not be used on or in the tree.For example, the use of climbing spurs (hooks, irons) is not an acceptable work practice for pruning operations on Nut trees.Sharp tools shall be used sa that dean cuts will be made at all times. f. All cut limbs shall be removed from the crown upon ---- completion of the pruning. g. Trees susceptible to serious infectious diseases should not be pruned at the time of year during which the pathogens causing the diseases or the insets vectors are most active. Similarly, if pruning wounds may attract harmful insects,pruning should be timed so as to avoid paled infestation. These additional specifications shall also apply to Class Ill, Hazard Pruning: h. All visible girdling roots are to be reported to a supervisor and/or the owner. I.The presence of any disease condition.fungus fruit bodies, decayed trunk or branches, split - - - crotches or branches, cracks, or other structural weakness should be reported In writing to a supervisor and/or the owner- and corrective measures recommended. TERMINOLOGY • BRANCH -A aecbrd$ry MOM or stem analog tram DORMANT •A state of inaQmty-ar M grorvrn. one Ot the main aka o.s-.dune or leader) of ales true IOU0u1ha leaves511V co ired read tO 00 nant m Sla BRANCH BARK RIDGE•The raMod area of bark in aopear. - lne Menem crotch that marks Meets kis branch DROP CROTCH PRUNING •The spline wino and Irene wood meet. Cock of a breach or Nader to s Were Drown sr BRANCH COLLAR•Trunk tissue Met time wound least eriellkte to one-read the diameter at me ma the one Ora branch DIMMn me main urn and being thee. the bench. Ass branch decreases in vigor or beget tO de. Me flown collar DeCOrUS$more GIRDUNG ROOTS•Rums located above or meow pronounced. ground levn wnaso=Kula grower ground like base • at the trunk or over indmdual mole*Douse pressure CALLUS-Tisue formed by me cambium layer to the bark area.merely choking or restricting Me around and ova a wound. sow of sae. CANOPY•Upper portion al me Dee consisting of LATERAL-A side brenen or twig. kerbs.OrYdMa. and Nauss. LEADER•A dominant uOnght ark usually me CAMBIUM-Dividing layer Of OteM Csih that loins main dunk tarmac (xylem) to bee Inside and ben(phloem)to tea made. LIFTING•The removal al lower branches for undersleaace. CLEAN CUTS•Cu Made Laing a abap Ted,with no hen er nsra ai the brarlr COW et ea trunk. - LIMB•Sera es Diana. CLOSURE-Refers to callus growth covering of a LME CLEARANCE•Pruning la me sate operation Cut or other On wound. end mYmasanc•of Wknanupad eletdrd seines. CROWN-TeLria.JTy,the Juncture at Dw Dunk PARENT STEM-The mein trunk Syron'al the tree: above the teen,bUt in txadMn usage.It Mere to else.Me domain%Nader el a mbar tint. the loaege oampnsing the uppermost branch sou us. PHOTOSYNTHESIS•The proems by wMct green SAMS na1AMu t food(Wbdlrydratn) or.Cads CROWN ELEVATION-A regional tam eyranymous con tE q chlorophyll. utilising sunlight for energy. win unaaehaerde. See UNOERCI.E. NCE CUT•The-peen wood area It remains slier tea POttAROlNG•Thee cut back ro essentially me Orates has been rernbhe& same pit esuonesy. resulting in mute*aProuts acne the Oda CUTTING BACK-Pruning deigned l lbbl7 the crown of a Des cc kaafdusl branch.Sometimes PRECUT or PnecunNG•The removal of tea refer OO to es heading peek drop unit pruning, brawh ler enough beyond Da finished as so as ro natural pruning,toed OrUning.or directional Landers sprleV9 Into the parent stem. pruning. Its distinc0y Mks Dom lopping' (see olefin lone Ni ten en aloe is made to keep tea PRUNING-The real el plod Pan. Dead or symmetry el Me pea en the rides es well es me top. Ps in aerdW and sysantc merrier so oste • not swage Me pans of the pant DECAY-The degradaUCn or pain beaus.wading SAP FLOW•The course assumed Dy LID in as WOW.by pahogr.wen se fungus orgoliurst. movement mower a tree. wood aeon can reeuce the structural Integrity el nee ors WldmOual Wits. A•e • SAPWOOD •A wood layer of variable thickness TOPPING•The severe roauction of orancnr- IrunO nmmedetaly inSiea[rib camblum.Cnmprisod without consideration of Iho sDCCYltcabons to, ,t v..rh•rtonauctoy Vault and wing Want cons. Coning bats. (TMS is°enmity constie/cd to be an AOo a,awn as iybnt tndamrabe praceco.) • SCARS or INJURIES•Natural or manmade Iemons TRACING Careful removal of the loose or of Ina Dark in when WOOD a etpoeed. damaged Dahl along the gages of a wound io encourage closure. SUCKER •A vigorous moot arising at Of below me graft union. See WArERSPROUT. TRIMMING-Sao PRUNING. SUNBURN • Bark injury cause by extreme neat Irom UNDER-CLEARANCE • The removal of lower tree me sun. I nabs to allow elnarareb beneath the tree crown SUNSCALD •Bark The semen CROWN ELEVATION. splitting or lrjwy Caused by temperature extremes ar sudden Mmpnalure WATER SPROUT•A vigorous shoot arising from ire fluctuation. above-ground Pumon of the tree or above Ina 7rah THINNING- T union. Sea SUCKER. Tat rmtwm of biennia. a whew they arise in order to In In Ign4 reduce wind resistance. WOUND•The opening mat is Created any lime Ina .'.move unwanted branches• or to retain a trees trees protwrva bark cowing ix pelelralad. cut. or "aturai ripe removed.nyatng Or destroying Irving tissue. :OpIARY-Treq Sheeted or Pruning a ke branch Creates a wound. even wren pruned cereMly in a the Cut is properly made. Jammu Shape. NATIONAL A880ffiST ASSOCIATION the Stetting Platy Mall Routs Sot. P.O. Boa 1094 Amherst.New Hampshire 03031.1094 wry A • 7