HomeMy WebLinkAboutMcGaba Binding Development Agreement Stone Gable -2003 05 28
,'" .-,
.. ,
.. fi-":J
u
-
-4"
'..
........................
.... ..... I1.EJiK CF ctroJIT aurr
9EJlIMU aum
OK 048,lq PG 1896
a..ERK"S . 200308~380
lffOfIB 05/'l81tJ1fJ3 08s58sS ..
.--INS FEES 13-50
HlBU BY S 0' Kelley
TIllS INSTRUMENT WAS PREPARED BY
AND SHOULD BE RETURNED TO:
Anthony A. Garganese, Esquire
Brown, Salzman, Weiss & Garganese, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407) 425-9566
PARCEL LD. NO.'S 26-20-30-5AR-ODOO-0080
26-20-30-5AR -ODOO-009B
FOR RECORDING DEPARTMENT USE ONLY
BINDING DEVELOPMENT AGREEMENT
THIS BINDING DEVELOPMENT AGREEMENT, made and executed this _
day of March, 2003, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation ("City") whose address is 1126 East S.R. 434, Winter Springs, FL 32708, and
McGABA, LLC., a Florida limited liability company ("McGaba"), whose address is 4986
Courtland Loop, Winter Springs, FL 32708.
WITNESSETH:
WHEREAS, McGaba is constructing a shopping center development on real property
located within the City of Winter Springs, Florida; and
WHEREAS, pursuant to the approval of the City of Winter Springs City Commission on
March 24, 2003, McGaba desires to facilitate the orderly development of a shopping center (the
"Shopping Center") on the Subject Property (defined in Section 3 below) asdepicte~ in the! ;sil~
~,' . "i ~ f
1 " "..-
plan attached hereto. as Exhibit "A" and incorporated herein by this reference (the "Site Plan"), iin
. . ... . . j ~
compliance with the laws and regulations of the City; and
Page 1 of 12
T.t
FILE NOM 200.308~.380
OR BOOK 0483~ ~ 18~7
. ,
WHEREAS, the City Commission has recommended entering into a Binding
Development Agreement, ("Agreement"), with McGaba for the development of the Shopping
Center; and
WHEREAS, in addition to McGaba's compliance with all City Codes, permitting and
construction not in conflict herein, the City and McGaba desire to set forth the following special
terms and conditions.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties mutually agree as follows:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Section 2. Authority. This Agreement is entered into pursuant to the Florida Municipal
Home Rule Powers Act.
Section 3. Subject Property. The real property ("Subject Property") which is the subject
to, and bound by, the terms and conditions of this Agreement is legally described on Exhibit "B"
attached hereto and made a part hereof by reference.
Section 4. Representations of McGaba. McGaba hereby represents and warrants to City
that McGaba has the power and authority to execute, deliver and perform the terms and
provisions of this Agreement and has taken all necessary action to authorize the execution,
delivery and performance of this Agreement. This Agreement will, when duly executed and
delivered by McGaba and recorded in the public records of Seminole County, Florida, constitute a
legal, valid and binding obligation enforceable against McGaba and the Subject Property in
accordance with the terms and conditions of this Agreement. McGaba represents it has
Page 2 of 12
, .
-
. ,
FILE NOM 2OO.lO89380
OR BOOK ()4839 PAGE 1898
voluntarily and willfully executed this Agreement for purposes of binding the Property to the
terms and conditions set forth in this Agreement.
Section 5. Obligations and Commitments. In consideration of the City and McGaba
entering into this Agreement, the City and McGaba voluntarily agree as follows:
(a) Buffer Wall and Buffer Area. In compliance with Section 20-469 Buffers and
Walls, Winter Springs Land Development Code, McGaba shall provide a 6' (measured from grade
level) concrete panel buffer wall containing a dye cast brick or stone facing east to the Stone
Gable Subdivision property to the reasonable satisfaction of the City (the "Wall"). The Wall shall
be constructed as soon as reasonably practical and prior any permanent vertical construction for
the Shopping Center. The City recognizes that prior to construction of the Wall, McGaba must:
(i) clear a sufficient amount of the Subject Property for the eastern portion of the Shopping
Center and the eastern and 'southern portion of the Service Driveway; (ii) install utilities and storm
sewer (and restore grading); and (iii) pour a portion of the concrete slab for the Shopping Center
in order to utilize a portion of the concrete slab for the Shopping Center as a casting bed for
pouring pre cast sections of the Wall. McGaba shall construct the Wall utilizing construction
techniques thaLwill preserve a total of 61 trees in the Buffer with a total of 582" in diameter at
breast he~ght (" dbh ") consisting of 44 oak trees with a total of 3 94" dbh and 17 palm trees with a
total of 188" dbh. In the event that any of the 61 trees described above die or are damaged during
the construction of the Shopping Center or for a period of 1 year after the lasCcertificate of
occupancy is issued for the Shopping Center, McGaba shall be required to replace any dead or
damaged trees with like or similar species of trees properly approved by the City Forester. Such
replacement shall be made according to the standard of 1 inch dbh total replacement for each 1
inch dbh of dead or damaged trees and shall occur within ninety (90) days of death or damage
Page 3 of 12
'. .
F lLE NOH 2003089.380
OR BOOK 048.39 PAGE l8~
unless a greater replacement period is granted by the City Forester for good cause. However,
each replacement tree shall be a minimum of 4" dbh and may be planted outside the Buffer on the
Subject Property upon the City's prior approval. McGaba shall not be required to place a wall in
the area designated as a jurisdictional wetland by the St. John's River Water Management District
or the United States Army Corps of Engineers (the "Wetland"). The Wall shall be located around
the east and south sides of the Subject Property and configured in a manner along the east side of
the Subject Property (abutting the Stone Gable Subdivision) that provides approximately a thirty
(30) foot buffer area between the Stone Gable Subdivision resident property lines and the service
driveway that surrounds the Shopping Center (the "Service Driveway") and meanders southward
closer to the Stone Gable Subdivision to accommodate the storm water pond and then westward
to the eastern most boundary of the 25 foot wetland buffer area in substantial conformity with the
Site Plan (the "Buffer"). The Wall, Wetland, Service Driveway and Buffer are depicted on the
Site Plan.
(b) Tree Ordinance / Tree Replacement Assessment. Since McGaba originally
filed its Application for Preliminary and Final Site Plan Approval prior to the adoption of
Ordinance No. 2002-08 repealing Chapter 5, Winter Springs Land Development Code, regarding
tree protection and preservation, McGaba is vested to a limited extent to be regulated under
Chapter 5 of the Winter Springs Land Development Code as it existed prior to the adoption of
Ordinance 2002-08 (Chapter 5 prior to its repeal shall be referred to as the "Tree Ordinance").
Particularly, McGaba is only vested with respect to tree removal and replacement rights and tree
replacement assessments and credits as more specifically granted and set forth in the Site Plan and
this Agreement. McGaba acknowledges and agrees that no other vesting from Ordinance 2002-
08 has been granted by the City. In the event that the approved Site Plan should ever be deemed
Page 4 of 12
, .
FILE NUM 200.3089.J90
OR BOOK 048.39 PAGE 19C)o
to be abandoned pursuant to the City of Winter Springs Land Development Code, the limited
vested right involving the Tree Ordinance granted hereunder shall no longer be applicable and any
development on the Subject Property subsequent to such abandonment of the Site Plan shall
comply with Ordimince 2002-08 as amended from time to time. Pursuant to the Tree Ordinance
and in consideration of the trees on the Subject Property which shall be cut, removed or destroyed
in connection with the development of the Shopping Center, McGaba shall be responsible for
payment of the sum of ONE HUNDRED FOUR THOUSAND THREE HUNDRED AND
NO/I 00 DOLLARS ($104,300.00) in fees to the City as a tree replacement assessment (the "Tree
Replacement Assessment") and NINE THOUSAND SEVEN HUNDRED THIRTY AND
NO/IOO DOLLARS ($9,730.00) in arbor permit fees (the "Arbor Permit Fees"). The City hereby
agrees that McGaba may deduct from the Tree Replacement Assessment and Arbor Permit Fees,
certain tree replacement assessment and permit fee credits ("Credits") in the amounts designated
for and in consideration of certain items as set forth in Exhibit "C" attached hereto and made a
part hereof by reference.
(i) McGaba shall receive $20,000.00 in Credits for its additional costs and
expenditures associated with constructing the Wall utilizing special construction
methods designed to preserve trees in the Buffer. The City recognizes that such
construction techniques increase costs with respect to design, materials and
installation costs and the Credit described above in this subparagraph (i) reflect the
differences in such costs. Moreover, the placement of the Wall in this location and
utilizing these construction techniques will help preserve the east side of the
Subject Property. in its natural state and save specimen and non-specimen trees~
Page 5 of 12
FILE MUM c:00308938C)
OR BOOK 04839 PAGE 190 1
(ii) McGaba shall receive $15,000.00 in Credits for conveying to the City
that portion of the Subject Property comprising the Buffer, which is approximately
.2107 acres as depicted on the Site Plan. Such deed of conveyance shall state the
property is being conveyed for conservation purposes to allow for a permanent
natural tree buffer between the Shopping Center and the Stone Gable Subdivision.
The deed shall be in a form deemed acceptable to the City Attorney prior to
recording. Further, the Buffer property shall be free of all encumbrances,
mortgages, liens, and other impediments to free and clear title at the time of
conveyance to the City. McGaba shall be responsible for maintaining the Wall and
the deed of conveyance for the Buffer shall reserve a maintenance easement
providing access for such purposes. McGaba shall convey the Buffer to the City
prior to the issuance of any building permit from the City of Winter Springs for the
construction of the Shopping Center.
(iii) McGaba shall receive $5,020.00 in Credits for designing and
developing the Shopping Center parking area and parking islands to save two (2)
oak specimen trees depicted on the Site Plan, which total 50" dbh. The City
hereby agrees to allow McGaba flexibility regarding the relocation of some parking
islands in an effort to save said trees, provided that such relocation is acceptable to
the City staff and does not reduce the number and size of the parking islands
required by the City of Winter Springs Land Development Code.
(iv) McGaba shall receive $20,000.00 in Credits for replacing 200 trees.
Page 6 of 12
,.>---..
',"
, ,
FILE IMUH 2()o.1089.l&)
OR BOOK 04839 PAGE 19(J2
(v) McGaba's net arbor obligations shall be $54,010.00 and shall be payable
to the City prior to issuance of the building permit for the shopping center on the
Subject Property.
( c) Stone Gable Deceleration Lane. If, within seven (7) years of the date
hereof, the City and/or Florida Department of Transportation ("FDOT") determines that a
deceleration lane on S.R. 434 is necessary to serve the Stone Gable Subdivision entrance in the
area east of both entrances to the Subject Property (depicted on the Site Plan), McGaba shall
provide a deed to the City conveying a portion of the Subject Property to the City or FDOT (only
for such purposes) within thirty (30) days of a written request (referencing this Agreement) by the
City or FDOT to do so subject to the restrictions set forth in this subparagraph (c). The area to
be conveyed (the "Deceleration Lane Area") shall be an area no greater than eleven (11) feet in
width and shall be located within the area to be used as a landscape buffer required by the City as
shown on the Site Plan. Furthermore, the conveyance of the Deceleration Lane Area by McGaba
to the City or FDOT shall not cause reconfiguration or relocation of either of the two (2) existing
entrances to the Subject Property or the Shopping Center parking area in any manner. The
Deceleration Lane Area is depicted on the Site Plan attached hereto. In addition, the parties
hereby acknowledge that the conveyance of the Deceleration Lane Area may require re-Iocation
of the Shopping Center sign in proximity. to that area. In such event, McGaba may remove and
relocate such sign within the tract (in accordance with the City of Winter Springs Land
Development Code) without modification of the Site Plan or other City processes or permits.
(d) Tree Protection Guidelines. McGaba and its construction contractor's shall
fully comply at all times with the Tree Protection Guidelines set forth in Exhibit "D" attached
hereto and made part hereofby reference.
Page 7 of 12
, "
F lLE NUM 2fJO.JOS9.J80
OR BOOK 04839 PAGE l '30.3
(e) Cross-Access Easements. In a form acceptable to the City Attorney, the
following cross-access easement shall be granted to the City for public use and/or to the adjacent
property owner in accordance with Section 20-472, Winter Springs Code, prior to the first
Certificate of Occupancy for the Subject Property:
(i) A vehicular and pedestrian cross-access easement, centered
approximately 170 feet south of the northwest comer of the Subject Property in a width
acceptable to the City engineer, but no greater than twenty-five (25) feet.
(f)
Wetland Easements.
Pursuant to the City of Winter Springs
Comprehensive Plan, Conservation Element, Policy 1.4.4, McGaba shall dedicate to the City a
conservation easement over all jurisdictional wetlands and wetland buffers depicted on the Site
Plan. Said easement shall be in a form deemed acceptable to the City Attorney and said
dedication shall occur prior to the issuance of a certificate of occupancy for the Subject Property.
(g) Drainage Easement. McGaba shall convey a drainage easement located at
the southeast corner of the Subject Property, south of the stormwater retention pond, prior to the
issuance of a certificate of occupancy for the Subject Property. Said easement shall be in a form
deemed acceptable to the City Attorney.
(h) S.R. 434 Median Trees. Any tree located within the S.R. 434 median that
is damaged or removed by McGaba to accommodate the westbound left-turn median cut shall be
replaced or replanted at a location deemed acceptable to the City. Damaged trees shall be
replaced according to the standard of 1 inch dbh total replacement for each 1 inch dbh of
damaged tree and shall be required to be replaced with a like or similar species of tree properly
approved by the City Forester.
Page 8 of 12
'~
FILE NJM 2OO.308>].J80
OR BOOK 04Q.39J PAGE 19()4
(i)
Off-site Light Spillage. Off-site light spillage shall only be permitted at the
main entrance of the Property so that the sidewalk and entrance along S.R. 434 are illuminated to
enhance public safety. However, any such illumination shall not cause any unreasonable glare for
motorists along S.R. 434 and shall first be approved by the City.
Section 6. Successors and Assigns. This Agreement shall automatically be binding upon
and shall inure to the benefit of the successors and assigns of each of the parties.
Section 7. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
Section 8. Amendments. This Agreement shall not be modified or amended except by
written agreement duly executed by both parties hereto and approved by the City Commission.
Section 9. Entire Agreement. This Agreement supersedes any other agreement, oral or
written, and contains the entire agreement between the City and McGaba as to the subject matter
hereof.
Section 10. Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any
respect the validity or enforceability of the remainder of this Agreement.
Section 11. Effective Date. This Agreement shall become effective upon approval by the
City of Winter Springs City Commission and execution of this Agreement by both parties.
Section 12. Recordation. This Agreement shall be recorded in the public records of
Seminole County, Florida, and shall run with the land.
Section 13. Relationship of the Parties. The relationship of the parties to this Agreement
is contractual and McGaba is an independent contractor and not an agent of the City. Nothing
herein shall be deemed to create a joint venture or principal-agent relationship between the
Page 9 of 12
, ~ 'I
FILE NUM 200.3089380
OR 800IK 04839 PAGE 1905
parties, and neither party is authorized to, nor shall either party act toward third persons or the
public in any manner, which would indicate any such relationship with the other.
Section 14. Sovereign Immunity. Nothing contained in this Agreement shall be construed
as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or
any other limitation on the City's potential liability under state and federal law.
Section 15. City's Police Power. McGaba agrees and acknowledges that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
Section 16. Interpretation. The parties hereby agree and acknowledge that they have
both participated equally in the drafting of this Agreement and no party shall be favored or
disfavored regarding the interpretation to this Agreement in the event of a dispute between the
parties.
Section 17. Permits. The failure of this Agreement to address any particular City, county,
state, and federal permit, condition, term, or restriction shall not relieve McGaba or the City of
the necessity of complying with the law governing said permitting requirements, conditions, term,
or restriction.
Section 18. Third Party Rights. This Agreement is not a third party beneficiary contract
and shall not in any way whatsoever create any rights on behalf of any third party.
Section 19. Specific Performance. Strict compliance shall be required with each and
every provision of this Agreement. The parties agree that failure to perform the obligations
provided by this Agreement shall result in irreparable damage and that specific performance of
these obligations may be obtained by suit in equity.
Page 10 of 12
FILE NUM 200.3089380
OR BOOK c)48.39 PAGE 1906
Section 20. Attorney's Fees. In connection with any arbitration or litigation arising out of
this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and
costs through all appeals to the extent permitted by law.
Section 21. Development Permits. Nothing herein shall limit the City's authority to grant
or deny any development permit applications or requests subsequent to the effective date of this
Agreement. In addition, nothing herein shall be construed as granting or creating a vested
property right or interest in McGaba or on the Subject Property.
IN WITNESS WHEREOF the parties have hereunto set their hands and seal on the date
first above written.
Signed, sealed and delivered in the
Presence of the following witnesses:
-~
~~.~
P 'nted Name of Witness
McGABA, LLC,
a Florida limited liability company
By:
CITY OF WINTl3R SPRINGS, a Florida
Municipal Corporation,
ATTEST:
N F . BUSH
.ayor
Page 11 of 12
: :....~
FILE NUN 2:00.J08~.l8O
OR BOOK 04839 PAGE 1907
STATEOFFL~~n ~.
COUNTY OF 0
The foregoing instrument was acknowledged before me this --.lfL day of ~,
20JJ2, by SIllRLEY MACKERL Y, as President of McGABA, LLC, a Florida limited liability
company, who is ~rsonally known to me or who has produced
as identification.
........... LAURA A. MORRISON
.,~'w. rv.t-.
f.:' ~.~ MY COMMISSION # DD 095258
~. :1 EXPIRES: February 26,2006
". ,., Bonded Thru Notary PllbIIc Undetwrilel1l
~)1MLQ.1Uo~
Notary Public Signature'/ .
LruJrcc A-. MtJVV/~
(Name typed, printed or ~ped)
Notary Public, State of ~Oy f' viCe-
Commission No.: 'Db Oc,5cr6~
My Commission Expires: J1~b dip, dOD{a
(NOTARY SEAL)
Page 12 of 12
., J..
.;
FILE MUM 200.3089380
OR BOOK 04839 PAGE 1908
EXHmIT "A"
(SITE PLAN)
Final Site Plan is on file at:
City Hall
City of Winter Springs
1126 East S.R. 434
Winter Springs, Florida 32708
,,~..-...,
,......-
,~
"
F [LE NUM 2OO.J089..l8O
OR BOOK 04839 PAGE t. 9O'l
EXHIBIT If B"
PROPERTY
That certain piece, parcel and tract ofland located in SEMINOLE County, Florida, described
as follows:
LE'GAL DESCRII~TI'ON'( ::....~;:\:>::' .
.... "~. . : :'; - - ". ~ .
THAT CERTAIN. PIECE;' PARCEL~:.\AND: TR~ci OF LAND LOCATED IN SEMINOLE
COUNTY, FLORIDA, DESCRIBEO .A_S FOLLOVlS:. '.
THE ViEST 231.JO FEET OF l()l" 8, BLOCK, D,OR, MITCHELL'S SURVEY OF LEVY
GRANT, AS RECOROEDIN PLAT' B'OOK 1, PAGE 5, PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, LY!NG SOUTH OF SiA~ ROAD 419 (OVIEDO ROAD);
i
LESS il-IA T PART TAKEN II'J' THAT CERTAIN ORDER OF TAKING FOR ROAD
RECORDED IN OFFlCIAL .RECORDS BOOK 2784, PAGE 1196, PUBLIC RECORDS OF
SEMINOL~ COUNTY, FLORIDA,
CONTAINS 190,13B SQUARE FEET OR 4,365 ACRES MORE OR LESS.
TOGEn-IER WITH:
THE EAST 253.6 FEET OF LOT 9, (LESS THE EAST 100 FEET OF THE NORTH 150 FEET
THEREOF), BLOCK [)., DR. MITCHELL's SURVEY OF THE LEVY GRMH, .
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5, OF
THE PUBLIC' RECORDS OF SEMINOLE COUtHY, FLORIDA.
ALSO LESS THE FOLLOWING PROPERTY EEIHG MORE PARTICULARLY DESCRIBED
A.S tOLLOWS:' .
COMMENCE AT THE NORTHWEST CORNER OF LOT E.' CHASE AND COMPANY'S
SUBDIVlSI014 OF WAGNER, ACCORDING TO THE PLAT THEREOF AS RECORDEi:l .IN
PLA T BOOR 6. PAGE' 64, OF THE PUBLIC RECORDS OF SEMINOLE. COUNTY, .
FLORIDA; THENCE RUN SOUTH 06'55'04 ~ EAST ALONG THE WEST LINE or
SAID LOT E, A DISTANCE or 1100.73 FEET TO A POIIH ON lHE BASELINE OF
SURVEY OF S.R. 434. ACCORDJ.NGTO F.D,O.T. RIGHT-Or-WAY MAP SECTION
NUMBER 77070-2516; THEI-lCE RUI-l NORTH 8.Y50'23~ .EAST ALONG SAID
BASELINE OF SURVEY A. DISTANCE OF 390.41 FEET; THENCE DEPARTING SAID
BASELINE OF SURVEY RUN SOUTH OT01'30" EAST A DISTANCE OF 24.39 FEET
TO A POINT ON THE SOUlHERLY RIGHT-Or-WAY LINE OF S.R. 434; THENCE RJN
NORTH 83'51'32" EAST ALONG SAID SOUTHERLY. RIGHT-OF-WAY lI~JE A'
DISTANCE OF 168.42 FEET TO THE' WEST LINE OF THE EAST .25'3.6.' FEET OF SAI::>
LOT 9, BLOCK D, FOR A POINT'OF BEGII-lNING; THENCE CONTINUE .NORTH
83'51'32" EAST ALO/-lG SAID SOUlHERL Y RIGHT-Of-WAY LINE A DISTANCE
OF 153.62 FEET TO THE WEST LINE 01=' THE EAST 100 FEET OF THE NORTH 150
FEET OF SAID LOT 9,BLOCK 0; THENCE DEPARTING SlllD SOUTHERLY R1GHT-OF-
WAY LINE RUN SOUTH 07"Ot'30" EAST ALONG SAID WEST LINE OF THE EAST
100 FEET OF THE NORTH 150 FEET OF LO:T9, BLOCK D, A DISTANCE OF 84.03 FEET;
THE/-lCE DEPARTING SAID WEST LINE RUI-l SOUTH 83'53'17" WEST. A
DISTANCE OF 153.62 FEET TO SAID WEST LINE or THE EAST 253.6 FEET OF. LOT 9,
BLOCK D; THENCE RUN NORlH 01'01'30" WEST ALONG SAID 'WEST LINE OF
THE EAST 253.6 FEET A DISTANCE OF 83,96 FEET TO THE SAID 'SOUTHERL Y
RIGHT-OF-WAY LINE S.R. 434 AND THE. POIN.T OF BEGINNING.
'1:
... \. ~ \I 'It...
FILE MUM ,2()(t3c)89.38C)
OR BOOK c)4839 PAGE 19l()
EXHffiIT "e"
ARBOR OBLIGATION
This exhibit demonstrates the developer's arbor obligation as required in the Tree Ordinance.
Arbor Obligation
City
Conveyance
Clear Cut Obligation
Arbor Permit Fees
Replacement Requirements
9,730
104.300
TOTAL CLEAR CUT OBLIGATION
114.030
200 Tree Replacement Credits
20,000
30-Foot Buffer Credits
9,179-Sq. Ft. Property/Buffer Acquisition
15,000
Tree Preservation Construction Method
20.000
35,000
Specimen Tree Credits
2 Tree Preservations
Arbor Permits
5,000
20
5.020
TOT AL CREDITS
60 020
NET ARBOR OBLIGATION
54.010
Hi
Ill... '......-..
F lLENUM 2OO..lO89380
OR BOOK c)48.J9 PAGE 1911
EXHIBIT "D"
TREE PROTECTION GUIDELINES
1. Prior to construction or during site preparation, barricading suitable to the City's arborist
shall be erected and maintained around all trees to be preserved in order to establish a tree
protection area. All trees to be preserved shall be identified on-site by harmless marking
or banding.
2. Prior to construction, tree protection signs shall be posted and maintained at all tree
protection areas. The contractor shall make every effort to protect all existing trees to be
preserved during site preparation and. construction. Placement of material, machinery,
utility lines, soil, hazardous liquids, or vehicles within the tree protection area shall be
strictly prohibited. Materials, wires, signs, or nails shall not be attached to any tree unless
such materials are needed to preserve the tree.
3. Unless another suitable technique is approved by the City's arborist, the tree protection
barriers shall be constructed as follows: Uprights - 4" x 4" lumber on eight-foot (8)
minimum centers; horizontals - the equivalent of one (1) course of2" x 4"lumber.
4. Tree protection barriers shall remain in place until construction is fully completed and all
paving, construction, and heavy equipment is off the Subject Property.
5. All trees to be preserved shall have their natural soil level maintained. All efforts shall be
made through the grading and drainage plan to maintain the natural drainage to and from
such trees.
6. Any tree that may need to be moved for any reason during the construction process shall
be relocated only under the direction and written approval of the City's arborist.
7. Properly install and maintain si1tration and sediment control barriers around trees.
8. Root and canopy pruning shall be required by a qualified ISA arborist. Any damaged
roots shall be clean cut and covered by clean fill.
9. McGaba shall abide by the reforestation standards set forth in the Tree Ordinance and the
terms set forth in subparagraph 5(a) of this Agreement.
iv