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1992-11 Agreement w/Florida National Properties for Community Park-VOID RESOLUTION NO, 92 - 11 I' vy A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND. FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BE'IWEEN THE CITY OF PARKLAND AND FLORIDA NATIONAL PROPERTIES, INC, TO PLAN AND PROVIDE FOR A COMMUNITY PARK IN THE WESTERN PORTION OF THE CITY WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens of the City to execute the attached Agreement between the City of Parkland and Florida National Properties. Inc, to plan and provide for a community park in the western portion of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, THAT: Section 1. The appropriate officials are hereby authorized to execute 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 , 1992, SAL PAGLIARA, MAYOR SUSAN ARMSTRONG. CMC. CITY CLERK .-.............._._..--,~.... ., CITY OF PARKLAND - FLORIDA NATIONAL PROPERTIES, INC, COMMUNlTY PARK AGRSBMENT THIS AGREEMENT ma~e and entered into this , 1992, by and between CITY OF PARKLAND, a municipal corporation, hereinafter reterred to .s "CITY" and FLORIDA NATIONAL PROPBRTIES, INC" a Florida corporation, hereinafter referred to aa "FNP", day of WHEREAS, CITY and FHP desire to plan for the park, recreational and open spaoe requirements of the future re.idents of the lande to be platted by FNP in the City ot Parkland, and to provide, in part, for euoh ne.d8 through the aound and responsible development programs of FNP; and WHBREAS, the partie. hereto agree that the purpose of this Agreement is to enable FNP to a..i.t CITY in planning and providing for a proposed Community Park, which will inolude the major reoreational faoiliti.. of CITY; and WKE~EAS, CITY and FNP de8~re to estab11sh future land uses, as depicted in the proposed Land Un PUn Map of the western portion of CITY, attaohedhereto.nd incorporated herein as Exhibit "A"; and WHEREAS, CtTY' and FNP des1re to establ1sh a tratticway. network that is oompatible with existing and pr~posed land uses of CITY, through the propo8ed realignment of the Pine Islan4 and Nob Hill Road corridors, as depioted in the propos.d Traffioways Amendments attached hereto and incorporated herein a8 Exhibit "8": anO WHBREAS, the propoeed Land Use Plan Amendments and proposed Trafficway. Amendments, when approved by all of the necessary governmental agenoies, would facilitate the oreation of a Community Park as provided herein; end WHEREAS, in or~.r to initiate the creation of a Community Park, FNP is willing to aggregate its CITY public park dedication requirements tor lands ~o b. plotted by FNP tn CITY 1n the future, 08 ..t forth in Chapter 13, ~rt1cl. V Of the CITY'. Land Development Cod., with aUOh park dedioation requirements not to exceed five (!5) aores for every. one thousand (1,000) potential resident. of the lands to be platted in the City Of Parkland by FNP (said land conveyances by FNP to CITY are hereinafter referred to as "Park Aoreage")1 and WHBREAS, as oonsideration tor the oonveyanoe of land by FNP to CITY for a Community Park in acoordanoe with the terms deacribed herein, CITY agrees that FNP will thereby satisfy all of CITY'S publio park, open space and recreational needs of the future residents of lands to be platted .by FNP in the C!ty of Parkland in accordance with the CITY'. Comprehensive Plan and Chapter 13, Artiole V of the CITY'S Land Development Cod.. NOW THEREFORE, in oonsideration of the mutual term., conditione and promises hereinafter set forth, CITY and FNP agree as follows: 1. The Where.. clause. of thb Agreemsnt are hereby incorporated into this Agreement &. speoifioally as if set forth in this paragraph. 2, FNP agrees to convey to CITY up to tive (5) aore. of land for every one thousand (l,OOO) potential residents for all lands to be platted in the City by PNP in the future in accordance with the provisions of Chapter 13, Article V of the Land Development Code, tor use by CITY ae a Community Park as provided herein, 3, CITY agrees that the Park Acreage w!ll be developed by CITY as . Community Park for the benefit ot the pre.ent and future residents of lands to be platted by FNP in the City of Parkland, will be designed by CITY to .erve active and passive park, open space and recreational need., and will be open to the general publio, subject to r.a.onable rule. and regulat:i.on. ot CITY, 4, FNP agree. that the Park Acreage to be conveyed by FNP to CITY as a Community Park wUl be located in the City of 2 Parkland in an area gene~ally e.at o~ relooated Pine Island Road, depicted on Exn1bLt "B", and north ot proposed West Park Boulevard in Section 3, Township 48 South, Range 41 Eaet, as generally depicted on Exhibit "C", attached hereto and inoorporated herein by reference, 5, FNP agree. that the 1nitial conveyance of Park Acreage to the CITY tor a Community Park WUl be ten (10) acres, and will be by Warranty Deed with the restriotive Covenant tnat the Park Acreage will be used for park, open space, and recreational purposee only. TnLe initial oonveyance will occur at the time, after the effective date of thie Agreement, that FNP has platted SUfficient reaLdential lanc3s in ,the City of Parkland that, when accumulated, would oause FNP to dedioat. or convey to CITY at lea8t a minimum ot ten (10) acr.. ot Park Acreage, in acoordance with the provisions of Section 13~67 of CITY'S Land Development Code, up to a maximum park dedication requirement of five (5) acrea of land for every one thousand (1,000) potential residents of the lands platted by FNP in the City of Parkland. Thereafter, FNP agrees to convey the Park Acreage to CITY by Warranty Deed in incremente of five (5) acres, with each suoh Warranty Deed oontaining the restriction that the Park Acreage shall be ueed for park, open space and recreational purposes only, Eaoh QUOh addi t10nal conveyance of Park Aoreage by FNP to the CITY ahall be triggered by the platting of sufficient residential lands by FNP in the City of Parkland from and after the date of the initial oonveyance that, when accumulated, would cause FNP to dedicate or oonvey to CITY at lea8t five (5) aores of land to CITY. 6, CITY agree. that the actual amount of the Park Acreage to be conveyed by FNP to CITY will be determined in aooordance with ~h. prov1.ione of Seotion 13~67 ot the City's Land Development Code, with a maximum park dedioation reQu!rement of up to five (5) acres of land tor everyone thousand (1,000) potential residents of the lands platted by PNP during the term Of th18 Agreement in the City of Parkland, CITY'S Direotor of Planning- shall maintain an acoounting of the CITY'S public park dedication 3 roqu1rement. for such FNP platted restdential lands and ahall notify FNP !n writing when any conveyanoe Of land to CITY by FNP provided for her. in ahall be due, For purposes of this Agreement, the term "Platted" shall mean the recordation of a plat in the official records of Broward County, Florida, 7, FNP agree. that the init1al conveyance of Park Acreage ehall be located 80 that at leaat twenty-five percent (25.> of 1ta perimeter will be contiguous to public road right-of-way and each subsequent conveyance of Park Acreage shall be contiguous to a previous conveyance, 8, Upon acceptance by CITY of a Warranty Deed from FNP for each increment of Park Acreage, CITY agree. that FNP shall have satisfied the public park, open apace and recreational land dedication requirements of Section 13-61 of CITY'S Land Development Cod., for the re81dential lend platted by FNP in the City of Parkland which triggered the conveyance of the Park Acreage provided for herein, g, CITY agrees that the conveyance. of the Park Acreage by FNP in accordance with this Agreement i. the method which will most adequately serve CITY'S local public park, open space and recreational requ1rementa of the residents Of the lands to be platted by FNP in the City of Parkland as provided in Sect10n 13-67 of the CITY'S Land Development Code, relating to "Adequacy of local parks and recreational facilities", and CITY agrees not to seek any monies, impact fees, dedications, conveyances, or any other exactions from FNP, or any other subsequent Owner of land platted by FNP for CITY local pubU.c park, open spaoe, and recreational purpOses for any lands platted by FNP in the City of Parkland trom and after the effectiVe date of thie Agreement. 10, The provisions ot this Agreement shall not limit, al ter, or in any way affect any rights or obligations of the parties imposed or oreated pursuant to any preViOUSly executed Agreements, 11, The parties to this Agreement hereby acknOwledge that this Agreement shall be effective only upon the tinal approval by ...--..-..._ _'_"'o"A ~ 4 all neceGsary governmental agencte. of the propO&.~ Lan~ Use Plan Amendments shown on the attaohed Exhibit "A" and of the proposed Trafficways Amendm.n~s resulting tn the realignment of Pine Island and Nob Hill Roads, as shown on th6 attached Exhibit "S", 12, This Agreement shall be binding upon and inure to the benefit of the partiee herato, their Bucoessors and aS8igns, 13. Thi8 Agreement ehall not be amended or modified except by written amendment signed b~ both parties hereto, 14, The prepa~at1on of th1s Agreement had been a joint effort Of the parties and the resulting document ahall not, .olel~ as a matter of judio:L.al construction, be construed more severely against one of the parties than the other. It i& the intent of the parties that thia Agreement be conatrued liberally to aohieve its intent. 15. FNP and CITY agree that this Agreement ahall not be recorded in the Public Records of Broward county, Florida, IN WITNESS WHEREOF, CITY and PNil have hereunto eet their hands and sea18 the da~ and year tirst above written, CITY OF PARKLAND By: Sa~ Pagliara, MAYOR ATTEST: Susan Arm.trong, CITY CLERK FLORIDA NATIONAL PROPERTIES, INC, By: w. Bunt.meyer, PRESIDENT ATTEST: A, N, Malanos, SECRETARY 5 J . I I ~l ! ~ a: :; J I )0 .. 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