Broward County Commission Regular Meeting
Director's Name: Leonard Vialpando
Department: Public Works and Environmental Services
Division: Environmental Permitting Division
Information
Requested Action
title
MOTION TO APPROVE release of a conservation easement over property owned by Metropica Series B Venture LLC (“Metropica”) in substantially the form attached; and authorize the County Administrator to execute the release of conservation easement, subject to approval as to legal sufficiency by the County Attorney’s Office, and conditioned upon Metropica: (i) making a payment to the City of Sunrise in the amount of $50,000; and (ii) obtaining an Environmental Resource License to address wetland impacts. (Commission District 9)
body
Why Action is Necessary
Board action is necessary to approve the release of a conservation easement.
What Action Accomplishes
Releases the remaining interest of Broward County in a conservation easement.
Goal Related Icon(s)
☐County Commission
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Previous Action Taken
None taken.
Summary Explanation/Background
THE PUBLIC WORKS AND ENVIRONMENTAL SERVICES DEPARTMENT AND THE ENVIRONMENTAL PERMITTING DIVISION RECOMMEND APPROVAL OF THE ABOVE MOTION.
On August 6, 1996, Sawgrass Property Investments (“Sawgrass”) recorded a conservation easement in favor of Broward County (“County”), providing for the retention and maintenance of wetland mitigation areas across several parcels, in furtherance of Environmental Resource License DF95-1047.
On April 22, 2014, the Board of County Commissioners (“Board”) approved a partial release of the conservation easement and an agreement (“Agreement”) with Sawgrass, which provided for a further partial release of the conservation easement conditioned upon the payment of $1,025,000 to the County over three years for 20 acres of wetland and upland preservation, enhancement, and maintenance at Long Key Nature Center and wetland mitigation at a wetland mitigation bank pursuant to Environmental Resource License DF15-1029. The first partial release of the conservation easement was recorded on May 2, 2014.
On March 28, 2017, a First Amendment to Agreement and Assignment extended the payments to a five year period, added an additional $101,600 as interest on the principal payment, and assigned the agreement to Metropica Series B Venture LLC (“Metropica”), which had purchased all of the relevant real property from Sawgrass. The payments were completed on time and wetland mitigation credits were purchased from a wetland mitigation bank. The second partial release was recorded on May 8, 2019.
The remaining area subject to the conservation easement is a 0.78-acre Cypress Tree Preservation Area (see pages 3 to 5 of Exhibit 1). Development of the Metropica project has been pursued in phases and has gotten to the phase of development in the vicinity of the Cypress Tree Preservation Area. As that phase was being evaluated, Metropica noted that the development would not be geologically stable without impacting the Cypress Tree Preservation Area, and it proposed a final release of the conservation easement. As an inducement to the County for a final release of the conservation easement, Metropica has offered to pay the City of Sunrise $50,000 for the installation of a pump to enhance drainage in the area known as Basin 8. Metropica will also be required to obtain a Broward County Environmental Resource License, which will address additional wetland impacts.
If the Board approves this item, the County Administrator is authorized to execute a release of conservation easement in substantially in the form attached (Exhibit 1), subject to approval as to legal sufficiency by the County Attorney’s Office, and after: (i) Metropica’s payment to the City of Sunrise of $50,000; and (ii) issuance of a Broward County Environmental Resource License addressing the additional wetland impacts.
Source of Additional Information
David Vanlandingham, Director, Environmental Permitting Division, 954-519-1478.
Fiscal Impact
Fiscal Impact/Cost Summary
No fiscal impact.