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1992-09 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~ ~ --~-- ~~ 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. 1 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 2 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. 3 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. ey:Q .~~ W- . BUNTEMEYER, PRESIDE . .. ~ " . Q' ~.. ,,' , .. .. ,...' .....~ ;, v'~.. '.. ..... <.J .... . "' . ":"." ...., "'(,10' I ,I " _.... . "(" ," ~... .... , .~ ;..~ j , ~ '. - t... -' , ._)t'~";..."".;.;,, , ,'~J ~:~:~:~~~',>' . .... ,," ,- 4 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. , . ", ,. 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. ."" , ' II ' f. "'. PagG 3 of 4