HomeMy WebLinkAbout1992-04 Agmt with Florida National Properties for Development & Financing of 7 Acre Park VOID
VOID
RESOLUTION NO. 92 - 4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
PARKLAND. FLORIDA, AUTHORIZING THE CITY OFFICIALS TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND
FLORIDA NATIONAL PROPERTIES FOR THE FINANCING AND
DEVELOPMENT OF THE SEVEN (7) ACRE PARK
WHEREAS. the City Commission of the City of Parkland finds
and determines that it is in the best interests of the citizens
of the City to enter into the attached Agreement between the City
of Parkland and Florida National Properties for the financing and
development of the seven (7) acre park as described in Exhibit A
attached hereto and made a part hereof;
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF PARKLAND. FLORIDA:
Section 1. That the appropriate City officials are hereby
authorized to approve the attached Agreement between the City of
Parkland and Florida National Properties.
Section 2. That this Resolution shall be in full force and
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS
DAY OF
. 1991.
SAL PAGLIARA. MAYOR
SUS"AN ARMSTRONG. C.M.C. ~ITY CLERK.
City of Parkland
6500 Parkside Drive
Parkland, Florida 33067
(305) 753.5040
Fax (305) 341-5161
*;~(~
September 20, 1991
Mr. Jack Ryan
Coral Ridge Properties, Inc.
3300 University Drive
Coral Springs, FL 33065
Dear Jack:
As discussed at the first Public Hearing on the City of
Parkland's 1991/92 Annual Budget, the City Commission has agreed
to funding $25,000 in the coming Budget year and an additional
$65,000 in the 1992/93 fiscal year for the City's share of
development costs for the park at Holmberg Road and University
Drive. The City Attorney has prepared the attached agreement
which the City Commission may discuss at the final Budget Hearing
on September 24, 1991.
We await your thoughts and endorsement, if necessary, from your
firm's Legal Department.
rtt:~YAR~
~rh'JMer~z- - cJ
City Manager
HM/abk
91 - 620
~
--
ANDREW MAURODIS. ESQ.
3054804490
P.02
,
DRAFT
AGREEMENT
THIS AGREEMENT is entered into between CITY OF PARKLAND (CITY)
and FLORIDA NATIONAL PROPERTIES (FNP) as follows:
WHEREAS, the City of Parkland owns a seven acre parcel of proper-
ty more particularly described on Exhibit A (the PROPERTY); and
WHEREAS, both the city of Parkland and FNP wish to have this
parcel developed; and
WHEREAS, FNP wishes to jointly participate with the City of
parkland to assure the speedy development of this park for recreation-
al purposes;
NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
section 1. The representations above are true and correct and
made a binding part hereof.
section 2. Pursuant to the terms and conditions hereof, the
parties agree to use their best efforts to develop the PROPERTY as an
active park by January 1, 1993. The park will contain the following
facilities:
a. Four (4) tennis courts
b. Little League Baseball field
c. Multi-purpose playing field (soccer/football)
d. Restroom facilities
e. parking areas in proximity to various facilities
f. A tot lot
q. Basketball and volley ball courts (if space
permits)
Section 3. The parties also agree to use their best efforts to
obtain the abandonment of old Holmberg Road, upon the reconstruction
of the realiqnment of Holmberg Road, to add approximately 1.3 acres to
the PROPERTY.
Section 4. The park will be funded in the following manner: The
CITY shall be responsible tor funding $90,000.00; FNP shall be respon-
ANDREW MAURODIS, ESQ.
3054804490
P.03
,
sible for funding the remainder of the costs for development of the
Park.
Section 5. CITY shall budget $25,000 in its 1991-1992 fiscal
year budget and $65,000 in its 1992-1993 fiscal year budget. These
funds shall be set aside for the funding as described above.
Section 6. FNP shall begin construction of the park upon receiv-
ing site plan approval from the City Commission of the city of
Parkland. ~NP shall submit a site plan meetinq the requirements of
section 2 for said park in January of 1992 for review by the CITY
staff and Planning and zoninq Board and for ultimate approval by the
City Commission. The city may require changes in the plan consistent
with the scope and nature of the park as described herein.
Section 7. Upon approval of the site plan by the CITY, FNP shall
commence the actions necessary for construction of the park. Upon
receiving site plan approval from the CITY, FNP shall, within sixty
(60) days, enter into a binding contract for the construction of the
park as set forth in the site plan. Said contract shall require
commencement within fifteen (15) days of execution and substantial
completion of the the park facilities (such that the facilities are
available for use) within one hundred eighty (180) days of commence-
ment of construction.
Section 8. FNP shall provide appropriate payment and performance
bonding as required by Florida statutes for construction on City owned
property and shall be responsible for the construction of the park.
FNP shall assure that the bond remains in force for one year after the
completion of construction. FNP shall hold the City of Parkland
harmless from any causes of action, damages, judgments, liability or
other obligations that may arise as a result of the construction of
the park or defects in the construotion of the park.
Section 8. The CITY shall make its payment of $90,000 to Florida
National Properties upon execution of an affidavit certifying substan-
tial completion of the park facility and determination by the City
Building Official that the park is substantially complete and appro-
priate for use by the pUblic and that all payments for construction of
the park have been made by FNP.
section 9. The CITY shall have the right to review all invoices
and documents indicating expenditures of FNP on the park construction
design.
Section 10. The drafting of this Agreement is a joint endeavor of
the parties and shall not, strictly as a matter of judicial construc-
tion, be construed more strictly against one party than the other.
ANDREW MAURODIS. ESQ.
3054804490
P.04
" .
Section 11. This 1s the entire agreement between the parties and
may not be amended exoept by a document exeouted with equal dignity.
section 12. The effeotive date of this Agreement shall be the
last day upon Which either party affixes its signature thereto.
WITNESSES:
FLORIDA NATIONAL PROPERTIES
By:
Title:
CITY OF PARKLAND, a munioipal
corporation
ATTEST:
By:
Title
city Clerk
City of Parkland
6500 Parkside Drive
Parkland, Florida 33067
(305) 753-5040
Fax (305) 341-5161
October 21, 1991
Mr. Jack Ryan
Coral Ridge Properties, Inc.
3300 University Drive
Coral Springs, Florida 33065
Dear Jack:
As you know, the City Commission tabled and continued the
agreement between the City and Coral Ridge Properties for
financing and development of the 7 acre park at Holmberg Road and
University Drive. The draft is attached for your review and
internal distribution.
Please let us schedule a meeting once you have compiled your
firm's comments on the proposed draft and following my
compilation of suggestions from the City Commission on the
agreement.
~~.. ..
The ,: y Commission
Nove er 20, 1991 me
early vember. ___..-
esires to again address the matter at its
ing so we will need to meet and confer in
HM/abk
cc: Mr. Andrew Maurodis, City Attorney
Mrs. Susan Armstrong, City Clerk
91 - 694