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1990-08 Maintenance Agreement betw Parkland & Mecca Farms-NW74 Place (Mecca Blvd) 5 yrs by Terramar Comm Assoc RESOLUTION NO. 90 - 8 A RESOLUTION OF nm CITY COMMISSION OF nm CITY OF PARKLAND. FLORIDA. A\1I'HORIZING THE CITY OFFICIALS TO EXECUTE AN AGREDIENT BE'I'WDN THE CITY OF PARKLAND AND MECCA FARMS. INC. FOR THE ROAD MAINTBHANCE OF IIICCA BOULEVARD (N.W. 74TH PLACE) BY THB TERlWIU COMMUNITY ASSOCIATION FOR A PERIOD OF FIVE (~) YEARS WHEREAS. the City Commission of the City of Parkland. Florida finds and determines that it is in the best interest of the citizens of the City to enter into the Attached Agreement with Mecca Farms. Inc. for the road maintenance of Mecca Boulevard (N.W. 74th Place) ~ the Terramar Community Association: NOW. THEREFORE. BE IT RESOLVED BY THB CITY COMMISSION OF THE CITY OF PARKLAND. FLORIDA: Section 1: That the appropriate City officials are here~ authorized to execute the attached Agreement between the City of Parkland. Florida and Mecca Farms. Inc.: Section 2: That this Resolution shall be in full force and ettect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 4 DAY OF April 1990. ~~~~ SM. P GLI yor --~--~ SUINt A-laOlt\f. City rJc ROAD MAINTENANCE AGREEMENT BETWEEN THE CITY OF PARKLAND AND MECCA FARMS, INC. AND TERRAMAR COMMUNITY ASSOCIATION, INC. THIS ROAD MAINTENANCE AGREEMENT (hereinafter referred to as "AGREEMENT") is made and entered into this 1 day of May, 1990 by and between the CITY OF PARKLAND, a municipal corporation of the State of Florida (hereinafter referred to as "CITY") and MECCA FARMS, INC., a Florida corporation (hereinafter referred to as "DEVELOPER") and Terramar Community Association, Inc., a Florida corporation, not-for-profit (hereinafter referred to as "ASSOCIATION"). WIT N E SSE T H WHEREAS, THE CITY and Broward County have approved a Planned Unit Development (P.U.D.), pursuant to Broward County Ordinance Number 88-63, which is known as the Terramar P.U.D., and which is located in the City of Parkland, and consists of approximately 407 acres, a legal description of which is attached hereto as composite Exhibit "A" and made a part hereof: and WHEREAS, pursuant to the Terramar P. U . D. and subsequent Agreements between County, City, Developer and others, DEVELOPER was required to construct and is in the process of constructing Northwest 74th Place, which will be known as, Mecca Boulevard within the P.U.D. between Hillsboro Boulevard and State Road No. 7, (hereinafter referred to as the "ROAD"): and WHEREAS, DEVELOPER is desirous of dedicating, and CITY is desirous of having the ROAD and ROAD right of way dedicated to the Ci ty of Parkland for public use. A legal description of said ROAD and ROAD right of way is attached hereto as Exhibit "B" and made a part hereof: and WHEREAS, ASSOCIATION is willing to maintain said ROAD for a period of five years from the date upon which CITY formally accepts ROAD: and WHEREAS, DEVELOPER is willing to guarantee ASSOCIATION's compliance with this AGREEMENT: NOW, THEREFORE, in consideration of the sum of ($10.00) and other good and valuable consideration, and sufficiency of which are hereby acknowledged, hereto agree as follows: Ten Dollars the receipt the parties 1. The foregoing recitations are true and correct and are hereby incorporated herein by reference. 2. DEVELOPER acknowledges and represents to the CITY that it is the legal and equitable owner of the ROAD, and ROAD right of way, and, as such, is empowered to enter into this AGREEMENT. 3. DEVELOPER agrees to dedicate the above-described ROAD and ROAD right of way to the City of Parkland by Warranty Deed which shall be accompanied by a Title Opinion from a lawyer ~1censed in the state of Flor1da. Sa1d warran~y ueea sna~~ De recorded in the Public Records of Broward County, Florida. Both Warranty Deed and Title Opinion shall be in a form acceptable to the City Attorney. 4. CITY agrees to accept the dedication of said ROAD and ROAD right of way by the above described Warranty Deed, upon its completion. 5. ASSOCIATION agrees to maintain the ROAD in a safe working condition for five years from the date upon which CITY formally accepts ROAD. 6. CITY agrees to maintain the ROAD immediately following the five year maintenance period as described in paragraph 5, above. 7. Prior to the expiration of this AGREEMENT and the assumption of the maintenance obligations imposed upon the CITY by this AGREEMENT, ASSOCIATION shall, at its expense, bifurcate its existing irrigation system, including but not limited to water and electric meter( s), so as to permit CITY to independently maintain the ROAD. 8. ASSOCIATION's maximum annual maintenance obligations shall be limited pursuant to the following five (5) year schedule: a. first year b. second year c. third year d. fourth year e. fifth year 120' of construction costs $75,000.00 $45,000.00 $40,000.00 $40,000.00 9. The obligations imposed pursuant to this AGREEMENT upon the ASSOCIATION shall run with and bind the common area of the Terramar P.U.D. as a covenant running with the land and this AGREEMENT shall be binding upon and enforceable by and against the parties hereto, the successors, grantees and assigns. 10. As security for ASSOCIATION's compliance with this AGREEMENT, DEVELOPER does hereby pledge and encumber the parcel described hereby and attached hereto as Exhibit "C" and made a part hereof. Upon written approval by the City Manager, DEVELOPER may substitute other security for said parcel provided that the substituted security is of equal or greater value than that which is required by the schedule contained in Paragraph 7, above. 11. This AGREEMENT shall be binding upon all successors in interest of the parties to this AGREEMENT, including but not limi ted to ASSOCIATION which will assume the DEVELOPER'S maintenance responsibili ties as set forth herein, pursuant to the Declaration of Covenants, Condi tions and Restrictions for Terramar, as recorded in Book 17168, Page 819, of the Public Records of Broward County, Florida. 12. This AGREEMENT sets forth all of the promises, covenants, agreements, conditions, and understandings between the parties hereto, and supercedes all prior and contemporaneous agreements, understandings, inducements or conditions, express or implied, oral or written, except as herein contained. 13. The invalidity of any provision hereof shall in no way affect or invalidate the remainder of the AGREEMENT. 14. This AGREEMENT shall not be amended except by a resolution duly passed by the City Commission of CITY. 15. This AGREEMENT shall be construed in accordance with the laws of the State of Florida, and any proceedings arising 2 between the parties in any manner pertaining to this AGREEMENT shall, to the extent permitted by law, be held in Broward County, Florida. 16. The obligations imposed pursuant to this AGREEMENT upon DEVELOPER and/or ASSOCIATION and/or upon the CITY shall be binding upon and enforceable by and against the parties hereto, the personal representatives, heirs, successors, grantees, and assigns. 17. This AGREEMENT shall constitute a lien on the property described on Exhibit "C", and should the DEVELOPER, the ASSOCIATION or their assigns fail to comply with the terms hereof, the CITY may foreclose on the subject parcel or enforce this AGREEMENT by injunction, specific performance or any other action at law or equity. 18. Should either party hereto bring an action against the other to enforce the terms and provisions hereof, then the party prevailing in said action shall be entitled to a judgment against the other for his reasonable attorneys' fees and costs. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. ATTEST: ,~~c~ CITY OF PARKLAND ~ .By:~o/~ - OR // APPROVED AS TO FORM: _..~- ~. ATTORNEY --..... RESOLUTION PASSED APRIL 4. 1990. STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this cf)1 daY/Jof ~~ , 1990, before me personally appeared MAYOR vat{L/~ , of the CITY OF PARKLAND, a municipal corporation~der the Laws of the State of Florida, to me well known to be the person who executed the foregoing instrument as such officer and acknow- ledged the execution thereof to be his free act and deed as such officer for the use and purposes therein mentioned and that he affixed thereto the official seal for said corporation, and that said instrument is the act and deed of said corporation. WITNESS ~ my hand and official seal this cAq day -3i~LiIJ-' ffr1t- My Commission Expires: NOTARY PUBll~ STATf ~f flO"tD~ ~Y COMMISSIOW EXf'. DeC. 3:1.9g1 BONOEO THRU llfNER~L I~S, U>>O_ of , 1990. 3 Signed, sealed and delivered in the presence of: DEVELOPER MECca FARMS, XNC. ~~~~ f , ~q \.~: >- C.'tt-....~ r...^"-, By: (~;(;;, f)~ ~ Attest: STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this \ S~ day of \'nq'f ' 1990, before me personally appeared PETER L. MECCA, President of MECCA FARMS, INC., a Florida Corporation, to me well known to be the individual who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal this \st \"nQ~ ' 1990. day of ~.~~ NO ~ LIC My Commission Expires: ~~~:~;~~~:~i~~ ~.~ ~~\:: ~;;:~:~:'.:~:;~t)F~ Harvey Insurance and Bonds, Inc_ Signed, sealed and delivered in the presence of: 4;~..e: ~N'~ ~a~h;;:-' ASSOCIATION TERRAMAR COMMUNI'l'Y ASSOCIATION,IHC. /2tf L /').j' BY:( . , . /I/~t't., \JW4l4"r ,-, PETER L. MECCA, President Attest: STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this Is'''''' day of (h~ ' 1990, before me personally appeared PETER.L. MECCA, Pr sident of TERRAMAR COMMUNITY ASSOCIATION, INC., a Florida Corporation, not- for-profit, to me well known to be the individual who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein expressed. WITNESS my hand and official seal this ~ ' 1990. - 1ft' day of ~miMPul~J) N TAR LIC My Commission Expires: N~tar~..:,l~!~[~:.i.~/ .Stt.:~~..:~f. Florida at large My Cc.,l.,.I.,..O.l [,.,'e~ ,1\:"0 30,1990 Bon~:!-::-":) Cuu !-:,::cl(Icherrv, Sibley & Har\'~J' ~nst.!rE.:nce ard Uonds, Inc. roacirnain.agr 4 Legal Description TERRAMAR P.U.D. A Parcel of land in the South half of Section 36, Township 47 South, Range 41 East, said parcel being more particularly described as follows: Commencing at the Southeast corner of said Section 36; thence run South 890 41' 48" West (on an assumed bearing) 163.69 feet along the South line of said Section 36 to an intersection with the Westerly right of way line of State Road #7 (US Highway 441) and the Point of Beginning; thence continue South 890 41' 48" West 2475.90 feet along said South line of Section 36 to the South 1/4 corner of said Section 36; thence run South 890 41' 45" West 1319.65 feet along the South line of the Southwest 1/4 of said Section 36, to an intersection with a line 1320 feet East of and parallel to the West line of aforesaid Section 1; thence run South 00 55' 04" East 1320 feet along said parallel line; thence run South 890 41' 45" West 1320 feet, to an intersection of the East line of aforesaid Section 2; thence run South 890 41' 35" West 1320 feet along a line parallel to the North line of said Section 2, to an intersection of a line 1320 feet West of, and parallel to the East line of said Section 2; thence run North 00 55' 04" West 1320 feet along said parallel line to an intersection with tne North line of said Section 2; thence run North 890 41' 35" East 1320 feet along said North line to the Southwest corner of aforesaid Section 36, Township 47 South, Range 41 East; thence run North 10 15' 45" West 4318.93 feet along the West line of said Section 36 to an intersection with the Southerly right of way line of the Hillsboro Canal as now located and constructed; thence run South 710 51' 55" East 3075.66 feet along said Southerly right of way line, also forming the the Southerly right of way line of that certain 35 foot right of way for State Road 827 shown on EDOT Section No. 86002-2501 sheet 8 of 11; thence run South 10 13' 30" East 876.25 feet; thence run North 880 46' 30" East 560 feet to an intersection wi th the center line of taht certain canal described on the Instrument filed in Official Record Book 13655 at Page 64 of the Public Records of Broward County, Florida; thence run South 10 13' 30" East 1162.20 feet along said center line; thence run North 890 41' 48" East 1653.22 feet, to an intersection with said West right of way line of State Road 7 (US Highway 441); thence run South 10 20' 34" East 1195.32 feet along said West right of way line to a point of curvature of a curve to the left; thence along said West right of way line on the arc of said curve to the left, having a radius of 28747.90 feet and a central angle of 00 14' 30", run Southerly 121.25 feet to the Point of Beginning, excepting therefrom that portion thereof described as follows: EXH'B'T ff tt: ' ~ Commencing at the Southeast corner of said Section 36; thence run South 890 41' 48" West (on an assumed bearing) 163.68 feet along the South line of said Section 36, to an intersection with the Westerly right of way line of State Road 7 (US Highway 441) and the Point of Beginning; thence continue South 890 41' 48" West 368.52 feet along said South line; thence run North 10 20' 34" West 829.71 feet; thence run North 390 15' West 214.52 feet; thence run North 10 20' 34" West 140 feet; thence run South 760 20' East 116.70 feet, to a point of curvature of a curve to the left; thence along the arc of said curve to the left, having a radius of 400 feet and a central angle of 130 58' 12", run Southeasterly 97.53 feet to a point of tangency; thence run North 890 41' 48" East 290.99 feet along the tangent extended to an intersection with said East right of way line of State Road 7 (U.S. Highway 441); thence run South P 20' 34" East 975.32 feet along said West right of way line to a point of curvature of a curve to the left; thence along said West right of way line on the arc of said curve to the left, having a radius of 28747.90 feet, and a central angle of 00 14' 30", run Southerly 121.25 feet to the Point of Beginning. Said lands s i tua te in Broward County, F lor ida, and containing 407.0603 acres, more or less. Teramar.PUD LEGAL DESCRIP'l'ION RIGB'.f-OF-WAY BORTHWEST 74TH PLACE AlE/A JlECCA BOULEVARD A PORTION OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE NORTH 01012'45" WEST ALONG THE EAST LIRE OF SECTION 36 FOR 1064.79 FEET; THENCE SOUTH 88047'15" WEST FOR 166.34 FEET TO THE POINT OF BEGINNING; THENCE NORTH 45049'23" WEST FOR 49.05 FEET; THENCE SOUTH 89041'48" WEST FOR 140.23 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 1350.00 FEET, A CENTRAL ANGLE OF 13058'12" FOR AN ARC DISTANCE OF 329.16 FEET TO A POINT OF TANGENCY; THENCE NORTH 76020'00" WEST FOR 112.45 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 1450.00 FEET, A CENTRAL ANGLE OF 13058'12" FOR AN ARC DISTANCE OF 353.54 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89041' 48" WEST FOR 792.73 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 900.00 FEET, A CENTRAL ANGLE OF 38041'15" FOR AN ARC DISTANCE OF 607.70 FEET; THENCE SOUTH 51000'33" WEST FOR 70.41 FEET; THENCE SOUTH 06000'33" WEST FOR 49.50 FEET; SAID LAST NINE COURSES BEING COINCIDENT WITH THE BOUNDARY LIRE OF "TERRAHAR TWO" PLAT, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 142 AT PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE NORTH 38059'27" WEST ALONG THE NORTHEASTERLY RIGHT-OF-WAY LIRE OF HILLSBORO BOULEVARD ACCORDING TO OFFICIAL RECORDS BOOK 16700 PAGE 931 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA FOR 170.00 FEET; THENCE SOUTH 83059'27" EAST FOR 49.50 FEET; THENCE NORTH 51000'33" EAST FOR 70.41 FEET TO THE POINT OP CURVATURE; THENCE NORTHEASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 1000.00 FEET, A CENTRAL ANGLE OF 38041'15" FOR AN ARC DISTANCE OP 675.22 FEET TO A POINT OF TANGENCY; THENCE NORTH 89041'48" EAST FOR 792.73 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE RIGHT, HAVING A RADIUS OF 1550.00 FEET, A CENTRAL ANGLE OF 13058'12" FOR AN ARC DISTANCE OF 377.92 FEET TO A POINT OF TANGENCY; THEBCE SOUTH 76020'00" EAST FOR 112.45 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CIRCULAR CURVE TO THE LEFT, HAVING A RADIUS OF 1250.00 FEET, ACBNTRAL ANGLE OF 13058' 12" FOR AN ARC DISTANCE OF 304.78 FEET TO A POINT OP TANGENCY; THENCE NORTH 89041'48" EAST FOR 137.15 FEET; THENCE NORTH 44010'37" BAST FOR 49.94 FEET; THENCE SOUTH 01020'34" EAST FOR 170.03 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN BROWARD COUNTY, FLORIDA. CONTAINING 5.815 ACRES, MORE OR LESS. cr " 1.5 ACRE PARCEL DESCRIPTION: A PORTION OF LAND IN THE NOR'rHEAST ONE-QUARTER (N.E. 1/4) OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 41 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF PARCEL "C", "TERRAMAR TWO", ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 142 AT PAGE 43 OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA; THENCE SOl013'30"E ALONG THE EAST LINE OF SAID PARCEL "C" FOR A DISTANCE OF 300.52 FEET; THENCE N88046'30"E Foa A DISTANCE OF 255.62 FEET; THENCE N01013'30"W FOR A DISTANCE OF 210.71 FEET; THENCE N71051'55"W ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF THE HILI.SBORO CANAL AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY HAP FOR STATE ROAD 827 UNDER SECTION 93240-2501 AND 86002-2501 DATED 1964 FOR A DISTANCE OF 270.94 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF PARKLAND, BROWARD COUNTY, FLORIDA. CONTAINING 1.50 ACRES MORE OR LESS. CERTIFICATE: I HEREBY CERTIFY THAT THIS SKETCH AND LEGAL DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS SET FOR'rH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 21HH-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES AS APPLICABLE FOR LE ESCRIPTIONS. HE iji AND CAr, INC. BY: . vllJ/t;! PROF SSIONAL LAND SURVEYOR FLOR ~__~ATE REG. NO. 3550 NOTES: DATED: 04-19-90 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT CONSTITUTE A FIELD SURVEY. 2) BEARINGS SHOWN HEREON ARE GRID BEARINGS BASED ON THE STONER/KEITH RESURVEY RECORDED IN MISCELLANEOUS PLAT BOOK 3, AT PAGE 44, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. EXHIBIT " c... (/ ... ... - .....----.. .. '- ~ SHEET 1 OF 2 SHEETS FilE NO, 90-12747-S51 s- o Broward County CclIII a.. ~ PIIza 5187 CclIII a.. BaulMnI MII'gfIII. FIOIIdI33083 (305) moe6O - e.-d (305) 940-7800 - Da 14071 732-2i8ll- "-1m Beech l305IlI88-787t -FAX o P81m llellcb County f'lllncInI F'IaIIIIlonII PIIza 3918 VIa I'oinclIna, SllIIIIl LIIllIlfGfI, FIOIIdI33487 14071 888-4110 - "-1m Beech /3051784-7822 - e.-d 14071 841-8885 - FAX Heller - Weaver 'and Cato, inCo Engineers ... Surveyors ... Planners l'\l o .0 :11 ii , \l !Il POin+of 8e.,innil'l~ Mos+ No..lheos+&.. 'OJ Co..n.... Df Pa,..c:c./'r'~ "T....rc:"Y'lo.... Iwo"(PI.f Bool< 14-:2) Pa,e 4-3) SOCA.f.he.r/~ Aj~h+ of WClI'j /.-in. 05 Hillsboro Canal Pel' Flo..ida O..pQI"J. of Tr'QMpOl'"fQ,Jion Fti,hf.~ Map fo.,- 5+0+" !=toAd 8~7 Ul"ld.... 5e.c.+iol"l 93240-.2-501 cand 8600;2-2501 !l1 b to m o (f) -'~ , Eo.s+ Line.. of PQr'ca( ~C") "T&l'"rama..Two" (P. B. 14:.2 , P!f.4 :3) -~ 10 ci () to ~~ ~~( ~ ~O \. I"- 2 N ~ o ('0 io ~ o Z N 88046' 30"E :Z~5. ~2.' NOTES: 1) THIS SKETCH AND LEGAL DESCRIPTION DOES NOT CONSTITUTE A FIELD SURVEY. 2) BEARINGS SHOWN HEREON ARE GRID BEARINGS BASED ON THE STONER/KEITH RESURVEY RECORDED IN MISCELLANEOUS PLAT BOOK 3, AT PAGE 44, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. DATED 4-19-90 SHEET 2 OF 2 SHEETS FILE NO. 90-12747,-552 '~- i Btowvd County CcnI a. PIdIIIIoIIlII PllIla 58lI7 CcnI a. BcUevIId MIIgfIe. florida 33Oll3 (3ll5) m-056O - BrowInl (3OS) 840-7800 - o.de 1407\ 732-2588 - PMn lluch (3ll5) 1188-7871 - FAX o Palm Beach County I'olncIINIl'IolIIIIanIIIl'tIza 39IIl VIa ~ SuIIe 10 l.IIke Ytbrtl, FloddI33481 1407\ 988-4tlO - PIIm lluch (305) 7ll4-7lI22 - BrowInl (407\ 841-llB . FAX Heller - Weaver, and Cato, inc. Engineers ... Surveyors ... Planners