HomeMy WebLinkAbout1992-09 Paving & Drainage Agreement for Meadow Run Subdivision
RESOLUTION NO, 92 - 9
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
PARKLAND, FLORIDA AlmiORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF
PARKLAND AND FLORIDA NATIONAL PROPERTIES PROVIDING FOR
THE CONSTRUCTION AND INSTALLATION BY THE DEVELOPER OF
THE PAVING AND DRAINAGE IMPROVEMENTS WITHIN THE PRIVATE
RIGHTS-OF-WAY IN THE MEADOW RUN SUBDIVISION
WHEREAS, the City Commission of the City of Parkland finds
and determines it is in the best interest of the citizens of the
City to enter into the attached Agreement for the construction
and installation by the developer of the paving and drainage
improvements within the private rights-of-way in the Meadow Run
Subdivision in accordance with an Agreement acceptable to the
City of Parkland and Florida National Properties, Inc;
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 execute the attached Agreement between the City of
Parkland, Florida and Florida National Properties, Inc.
Section 2, That this Resolution shall be in full force and
effect immediately upon its passage and adoption.
PASSED AND ADOPTED THIS
22
DAY OF
APRIL
, 1992.
~L~
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SUSAN ARMSTRONG, CMC, TY CLERK
AGREEMENT FOR
CONSTRUCTION AND/OR INSTALLATION OF
PAVING AND DRAINAGE IMPROVEMENTS
FOR THE SUBDIVISION STREETS
IN THE MEADOW RUN SUBDIVISION
i, ;rH~~.. AGREEMENT, made and entered into this ~ mt/ day of
~~~ ' 199~, by and between:
I
CITY OF PARKLAND, FLORIDA
a municipal corporation,
6500 Parks ide Drive, Parkland, FL 33067
(hereinafter referred to as "CITY"),
and
FLORIDA NATIONAL PROPERTIES, INC.
a Florida corporation,
3300 University Drive
Coral springs, FL 33065
its successors and assigns
(hereinafter referred to as "DEVELOPER".)
WITNESSETH:
WHEREAS, DEVELOPER owns certain real property, having a land
use designation and zoning for single family residential purposes,
located within the municipal limits of the CITY, as more
particularly described in Exhibit "A", attached hereto and made a
part hereof (hereinafter referred to as "the property"); and
WHEREAS, DEVELOPER submitted a plat of the property, known as
the Meadow Run Plat, which included private rights-of-way within
the property, to CITY in order to subdivide the Property, and said
Plat has been reviewed and approved by CITY and the Broward County
Board of County commissioners, and has been recorded in the Public
Records of Broward county, Florida; and
WHEREAS, Section 13-67(6) (g) of the CITY's Land Development
Code pro' :, '1S that, prior to issuance of a certificate of
occupancy, DEVELOPER shall construct to all applicable CITY
standards all local roads, both public and private, that are
internal to the development and necessary to provide safe and
adequate access to the development; and
WHEREAS, the parties hen-to are desirous of entering into an
Agreement providing for the construction and installation by
DEVELOPER of the paving and drainage improvements within the
private rights-of-way in the Meadow Run Subdivision which are the
subject matter of this AGREEMENT.
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NOW, THEREFORE, for and in consideration of the mutual
covenants and undertakings of the parties hereto, and other good
and valuable consideration, the parties hereto covenant and agree
each with the other as follows:
1. DEVELOPER represents and warrants that it is the fee
simple owner of the property located within the municipal limits of
the City of Parkland, more fully described in Exhibit "A", attached
hereto and made a part of this AGREEMENT.
2. DEVELOPER agrees to construct and install, at DEVELOPER's
sole expense, the paving and drainage improvements required by the
CITY within the private rights-of-way within the property, all in
accordance with plans and specifications knows as Job No. 91-301,
prepared by Gee and Jenson, Engineers, Architects, Planners, Inc.,
dated January 14, 1992, consisting of Sheets Nos. 1 through 12,
inclusive, incorporated by reference herein and made part of this
AGREEMENT as Exhibit "B" (hereinafter "the paving and drainage
plans".)
3. DEVELOPER further agrees that said paving and drainage
plans and specifications shall be approved in writing by:
(a) South Florida Water Management District and/or the
North springs Improvement District; and
(b) The city Engineer as to all improvements.
4. The work to be performed by DEVELOPER, pursuant to the
provisions set forth herein, shall be in compliance with the
requirements of the regulatory agencies having jurisdiction over
the subject matter of this AGREEMENT and the CITY.
5. DEVELOPER shall, at his expense, retain the services of
a Florida licensed engineer to inspect and supervise the subject
improvements to ensure that construction and installation of the
pavinq and drainage improvements are, at all times, in full
compliance with the approved plans and specifications.
Notwithstanding, DEVELOPER agrees that the City Engineer or his
authorized representative(s) shall have full access to the
construction and installation site to insure that performance of
the referenced work is in accordance with the approved plans and
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specifications.
6. DEVELOPER agrees to reimburse the CITY for expenses
associated with said inspections in accordance with the provisions
of CITY's "Cost Recovery Program", as set forth in CITY's Land
Development Code, and Resolution No. 89-20, which establishes
CITY's cost recovery fee for the administrative services rendered
by CITY, as same may be amended from time to time.
7. Upon completion of the paving and drainage improvements
within the property, DEVELOPER agrees to:
(a) Provide the CITY with a certification of Completion
from its supervisory engineers, certifying that all
work has been completed in accordance with the
approved paving and drainage plans and
specifications.
(b) Submit the referenced certification to CITY's
Engineer, who, upon receipt, shall review and, if
in order, cause a CITY Engineer's "Certification of
Completion" to be issued.
8. If any section, subsection, sentence, clause, phrase, or
portion of this AGREEMENT is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of the
remaining portions thereof.
9. This AGREEMENT shall be binding upon the parties hereto,
their heirs, representatives, successors and assigns.
10. This AGREEMENT represents the entire understanding
between the parties. There are no representations, understandings
or promises other than those expressly set forth above.
Modification of this AGREEMENT shall only be by written amendment
and effective only upon adopti:)n by CITY's Commission.
11. Nothing in this AGREEMENT shall relieve DEVELOPER from
complying with any CITY or county laws, ordinances, or regulations.
12. DEVELOPER and CITY agree that this AGREEMENT shall not be
recorded in the Public Records of Broward County, Florida.
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IN WITNESS THEREOF, the parties hereto have caused these
presents to be executed the day and year first written above.
ATTEST:
0~a..- ~z: ..
SUSAN ARMSTRONG, CITY~
ATTEST:
:::y~~
SA PAGLI , MAYOR.
FLORIDA NATIONAL PROPERTIES, INC.
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. BUNTEMEYER, PRESIDE
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FROM
4. 9.1992 9118
EXHIBIT "A"
A portion Qf section 4, Township 48 Sou~h, Ran9. 41
East, Broward County, Florida, described aa tollows'
CO~8ncin; at the .outheast corner of the
North Half (N 1/2) ot sald sectlon 4'
..
thence North 89.51')5" W..t (Bearing. are
relative to state Plane Coordinate. .a ahown on
STONER/KEITH RESURVEY or A PORTION or TOWNSHIP 4'7
SOUTH, IlANOI: .1 EAST, ALL or TOWNSHIP ... 80U'1'H,
RANGI 41 EAST, , ALL or TOWNSHIP 49 Sou.TH, RAHGI 41
EAST, according to the plat thereof, recorded 1n
Miscellaneoua Plat Boot' at 'age 44 of 'the Public
Reoord. of 8roward county, Florida), alon9 the
south line of said North Half (N 1/2), . distance
ot 788.11 teet to the northerly prolon9atlon ot the
easterly Right, of Way 11n. of unlver.ity Drive ..
shown on THE LANDINGS or PAR~LAND, aooordin9 to the
plat thereof, recorded in Plat Book 13' at 'ag. 22
of said Publio Reoorda,
thence North 0"36'12" laat, a10n9 said
northerly prolongation, a distance of 60.3' feet to
a northea.t corner of said THI LANDINGS or
PARJ<IAND,
thence North 8,.51'3IM We.t, alon9 the
northerly Right of May l1ne of Hol~er, Road ..
shown on .aid plat of THI LANDINCS or PARICLAND, ·
dIstance of 6'.19 te.t to the b.91nnln9 of . ourve
concave to the 8outhea.t having a radiu. of 2760.00
feet, I' ;
';
thenca westerly, along .ald curve on .aid
northerly Right of Way line, through a central
angle of 01.44'32", . d1stanoe ot 83.'2 feet to the
POINT OF 8EGINNING, ,
,"
thence continue westerly, along. said curve on
said northerly R1qht ot Way lin., through a central
an91e of 0).08'12M, a distance of 151.09 teet to
the north I1ne of the 80uth 50.00 feet of .aid
North Half (N 1/2)'
thence continue westerly and southwesterly,
along said curve on the southwesterly continuation
of said northerly R19ht of Way line, through a
oentral angle of 11.21'06", . dlstance of 546.82
feet to the south l1n. of the north 50.00 feet of
the South Half (8 1/2) of said section 4,
thence continue southwesterly, along said
curve on sa14 northerly Right ot Way 1in., through
a central angle of 22.26'17", a distanoe of 1080,8'
feetl
thence South 51.28'18" West along said
northerly Right ot Way line, a dIstance of 285.56
teet to the most easterly corner of North Sprln9s
Improvement Distriot 82-2 Dralna98 Right of Way a8
desoribed in ottie!al Record Book 16031 at Pa98 560
ot said Public Records,
ac'.)t. "
,." .,.
Pa98 1 ot 4
P. 2
FROM
4.9.1992 9:19
EXllIBIT "A"
thence North 38'31'42" West, alon9 the
northeasterly Right of Way line ot said North
Springs Improvement Di.trict 82-2 Drainage Right of
Way, a distanoe of 183.91 teet to the beginning of
a ourve concave to the 8outhw..t having a radius ot
767.50 feet and a central angle ot 31'S3'55"1
thence northwesterly, along said curv. on said
northeasterly Right ot Way line, a dietance of
427.30 teet:
thence North 70'25'37" West, along said
northeasterly Right ot Way line, a distanoe of
92.42 teet to the be91nning of a curve concave to
the northeast having a radius of 707.50 teet and a
central anqle of 29'41'22":
thence notthwesterly~ along said curve on said
northeasterly Right ot Way line, a distance ot
366.61 feet;
thence North 40'44'15~ West, along said
northeasterly Right of Way' line, a distance ot
67.11 teet to said south lin. of the north 50.00
feet ot the South Half (8 1/2) ot Section 41
thence continue North 40'44'15h West, along
the northwesterly prolongation ot s.id. >
northeasterly Right of Way line, a dista~o. ot~
132.26 teet to said north line of the south '0.00
teet ot the North Half (N 1/2) of Section 4 at a
southeast corner ot said North Springs Improvement
District 82-2 Drainage Right of W.Yl
thence continue North 40'44'15" West, along
said northeasterly Right ot Way line, a distance of
15.53 teet to a southerly corner ot North Springs
Improvement District 82-4 Dra1naqe Right ot Way as
described 1n said Offioial Record Book 16031 at
Page 560 at the beginning of a curve conoave to the
east having a radius of 25.00 teet and a central
angle of 84'33'08"1
thence northwesterly, northerly and
northeasterly, along said curve on the southerly
Right ot Way line of said North Springs Improvement
District S2~4 Drainage Right of Way, a distance of
36.89 teet to the point of reverse curvature ot .
curve conCave to the northwest having a radius of
3067.50 feet and a central angle of 05'43'07",
thenoe northeasterly, along said curve on said
southerly Right of Way line, a distance of 306.16
feet;
thence North 38'05'46" East, along said
southerly Ri~ht of. Way line, ft distance of 341.87
teet to the beginning of a curve conoave to the
~outheast havin9 a radius of 1971.75 teet and a
central angle of 27'33'11"1
',J't.i.
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Pa9G 2 of 4
P. 3
FRON
4.9.1992 9:20
P. 4
EXHIBIT "A"
thence northeasterlI' along said curve on said
southerly Right of Way 1 ne, a dietanee of 948.20
feet to the point ot oompound curvature ot . curve
concave to the south having a radius of 2471.32
feet and a central angle Of 46'45'00"1
thence northeasterly, easterly and
southeasterly, along said curve on said southerly
Right of Way I1ne, a distanoe ot 2022.98 teet to
the southeast corner of said North Spring_
Improvement District 82-. Drainage Right of Way:
thence South 67'36'03" East, a distance of
40.00 feet;
thence South 22'23'57" West, a distanoe ot
180.74 feet to the beginning of a curve ooncave to
the southeast having a radius ot 2460.00 teet and a
central angle of 15'47'05"1 .
thence southwesterly, along said curve, a
distance ot 677.72 feet,
thence South 06'36'52" West, a distance of
291.71 feet;
thence South 47'30'23d West, _ distance ot
45.82 teet to the pOINT OF BEGINNING.
j I ~
Said land bein9 in the City of parklan~~ Broward County,
Florida.
Containing 91.297 Acres, more or less.
If. .""
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PagG 3 of 4