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Resolution 055-1988 Building Department RESOLUTION NO. 055 -1988 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN ON BEHALF OF MONROE COUNTY AN ENVIRONMENTAL RESTORATION AGREEMENT WITH JESUS BLANCO BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: The Mayor is hereby authorized to sign on behalf of Monroe County, Florida, an environmental restoration agreement with Jesus Blanco, said agreement is hereby attached and incorporated by reference. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of January , A.D., 1988. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Byg~, ~ Mayor 1rman (SEAL) Attest:DANNY L. KOLHAGE, Clerk ~/i-~--11i/ RW/jh l' .'.tf' ': '~~~,..) , //). ( ./ 1, .:,."....,". /"C,,"'I y ../ / /:, ../7'. t:-;r1 ~;;('<5 eY(;/;t:ftdl4 ,. ./ .:' .Z:t;.C1<,/." ' l~ ~", ., \. j . " t.- ENVIRONMENTAL RESTORATION AGREEMENT WHEREAS, Jesus Blanco, owner of the following described real property, hereinafter "Owner," was issued building permit 1f17574A by Monroe County, Florida, hereinafter "County," for a single family residence on the property; and WHEREAS. simultaneously with the building permit a land clearing permit was also issued with the following conditions: removal of all invasive exotics from the property, and minimal clearing for the house, driveway and septic tank; and WHEREAS, the owner over cleared the property in a manner beyond the scope of the land clearing permit, to-wit: excess clearing of 2797 square feet of hammock area and 690 square feet of wetland transitional area; and WHEREAS, the house constructed pursuant to permit H17574A is now completed; and WHEREAS, under the Monroe County Land Development Regu- lations no certificate of occupancy can be issued for the house until the over clearing violation is corrected; and WHEREAS, it is desired by the Owner and the County to correct the over clearing violation in a manner that is mutually advantageous to both parties. WIT N E SSE T H: The parties mutually agree and covenant as follows: 1. The County shall consider the aforementioned over clearing problem corrected and shall issue the certificate of occupancy for the single family residence upon the performance by the Owner of either of the following conditions precedent: a) The Owner shall restore the property as subse- quently described in this subsection. In order to meet the 60 percent open space ratio required in the hammock area, the Owner must restore a 2797 square foot area. This should be planted as follows: A minimum of 1080 square feet of planting area south of the house is required. The remaining 1717 square feet should be planted east of the house or along the strips of cleared area located west and north of the house. Trees required are as follows: II of Minimum tree Minimum # Minimum # of trees size of species trees per species 40 canopy eight feet seven four 40 understory five feet ten three 30 shrubs two feet five five The following densities are required: Canopy trees: Eight feet on center Eight feet on center Understory trees: Shrubs: Ten feet on center Revegetation of the wetland transitional area which was cleared (an area of approximately 690 square feet located north of the house) is also required as follows: Twenty canopy trees at least seven feet tall, planted on six foot centers, consisting of at least two species, with at least seven individuals per species, and Twenty trees at least five feet tall, planted on five foot centers, consisting of at least three species, with at least six individuals per species, and Ground cover plants covering the area uniformly (at least one foot centers) and consisting of species listed under the "Herbaceous Plants" section of the vegetation survey. GENERAL REQUIREMENTS Tree species must be chosen from the list of "Florida Keys Natives" shown on the vegetation list, except that tree species used for the wetland transitional area are restricted to the following species: Buttonwood May ten Poisonwood Seagrape Wild Dilly Saffron Plum Any deviation from the species listed on the survey must be approved by the County's chief biologist. All required heights shall be measured from grade when trees are in place. 2 All Brazilian pepper and Australian pine trees shall be removed from the property without damaging native trees and the property shall be managed to prevent reestablishment of these species. b) The Owner may tender to the County, in the person of the Building Official, a certified check or cash in the amount of $6,000, or in the amount of the price of a binding contract with a nursery, knowledgeable in the planting and care of native trees and acceptable to the County's chief biologist, for the restoration described in subparagraph (a) above. The Building Official shall tender the funds so received to the Clerk of the Circuit Court for deposit in the Planning Department account and then shall issue the C. O. In the event the Owner elects this option, he shall have 270 days from the issuance of the C.O., to complete the restoration described in subparagraph (a). If, in the professional opinion of the County's chief biologist, the Owner has failed to complete the restoration described in sub- paragraph (a), by the end of the 270 days, then the County shall use the funds on deposit to complete restoration either by utilizing County employees and materials or by utilizing indepen- dent contractors. The Owner further hereby specifically grants the County or the County's designees, including any independent contractors and their employees, a license to enter upon the real property described above, after the expiration of the aforemen- tioned 270 day period, in order to complete any and all work that, in the professional opinion of the County's chief biolo- gist, is necessary to achieve the restoration described in subparagraph (a). If the work described in subparagraph (a) is performed by the Owner on or before the expiration of the afore- mentioned 270 days, the County shall promptly return all funds on deposit to the Owner. Except, however, no interest, if any is earned, will be returned by the County. In the event the County, upon the expiration of the aforementioned 270 days, performs, either through its own employees or through independent contrac- tors, all or part of subparagraph (a)'s restoration requirements, and does not utilize all funds on deposit, then any portion 3 remaining shall be promptly returned to the Owner upon the completion of the restoration by the County or its designees. The amount to be returned to the Owner shall be calculated by the Clerk on the basis of written certification submitted by the Building Official stating the itemized expenses, including the hourly compensation paid to those County employees utilized, incurred by the County or on the basis of invoices submitted by any independent contractor(s) performing the restoration work. 2. This environmental restoration agreement shall be enforceable by the County through injunctive relief in Circuit Court or through any other available equitable or legal remedy and, in the event the County prevails, the Owner agrees to be, and shall be, liable to the County for all costs so incurred including reasonable attorney fees. Done and entered into this the 19th day of January, 1988, at Tavernier, Monroe County, Florida. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA lt~ ,,"-.. "'- c. c- By ~ Mayor/Chairman .~ (SEAL) Attest: Clerk Jesus Blanco RW/jh 4