HomeMy WebLinkAbout1990-08 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
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SHEET 1 OF 2 SHEETS
FilE NO, 90-12747-S51
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14071 888-4110 - "-1m Beech
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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
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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
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1407\ 988-4tlO - PIIm lluch
(305) 7ll4-7lI22 - BrowInl
(407\ 841-llB . FAX
Heller - Weaver, and Cato, inc.
Engineers ... Surveyors ... Planners