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1993-01 County Point Median Maintenance AgreementRESOLUTION NO. 93 - 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, FOR AN AGREEMENT WITH CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND COUNTRY POINT HOMEOWNERS' ASSOCIATION, INC. WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens to enter into the attached Agreement between the City of Parkland and Country Point Homeowners' Association, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that: Section 1: The appropriate City officials are hereby authorized to execute the attached Agreement between the City of Parkland and Country Point Homeowners' Association. Section 2: That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 6 DAY OF JANUARY 1993. SAL PAGLIARA, ayor SUSAN ARMSTRONG, Cit t Jerk AGREEMENT THIS AGREEMENT is entered into by and between the City of Parkland (CITY) and COUNTRY POINT HOMEOWNERS' ASSOCIATION, INC. (COUNTRY POINT) as follows: WHEREAS, at the northwest corner of Holmberg Road and SR 441, there exists an entrance sign which contains the words "City of Parkland" and "Country Point" (hereinafter referred to as ENTRANCE SIGN); and WHEREAS, COUNTRY POINT and the CITY wish to enter into an agree- ment to permit the CITY to lease the ENTRANCE SIGN for a period of ninety-nine years; and WHEREAS, COUNTRY POINT and the CITY also wish to assure that the area surrounding the ENTRANCE SIGN will be maintained in its present condition and that all landscaping, fencing and decorative elements will be maintained in satisfactory condition within a 100 foot radius of said ENTRANCE SIGN; and WHEREAS, pursuant to an agreement between COUNTRY POINT and Broward County for trafficways beautification executed by COUNTRY POINT on August 18, 1986, (THE COUNTY AGREEMENT), COUNTRY POINT is responsible for landscaping, irrigation, and maintenance of certain portions of the trafficways along Holmberg Road; and WHEREAS, the CITY and COUNTRY POINT, prior to entering any lease agreement for the ENTRANCE SIGN, wish to assure that THE AGREEMENT shall be maintained in full force and effect by COUNTRY POINT for a period of at least two (2) years subsequent to the date of THE AGREE- MENT, NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section 1. The above recitations are true and correct and made a part hereof. Section 2. COUNTRY POINT does hereby lease to the CITY the ENTRANCE SIGN for a period of ninety-nine (99) years under the condi- tions set forth herein. The ENTRANCE SIGN shall be considered the physical sign located at the northwest corner of Holmberg Road and S.R. 441 which contains the words "CITY OF PARKLAND" and "COUNTRY POINT". As part of this lease agreement, CITY shall have the right to remove any and all letters identifying COUNTRY POINT, make cosmetic improvements to the ENTRANCE SIGN, move, replace, or alter the words City of Parkland, and nyake such other improvements as the City of Parkland in its sole discretion and at its sole cost and expense deems appropriate for an entrance sign to the CITY. Should the ENTRANCE SIGN be destroyed for any reasons, the CITY shall have the right to rebuild the ENTRANCE SIGN in the area on the location where the present ENTRANCE SIGN exists and may, if deemed appropriate, expand Page 2 the size of the ENTRANCE SIGN so that the area covered by the ENTRANCE SIGN is increased by no more than twenty (20) square feet. Section 3. As part of this lease AGREEMENT, COUNTRY POINT agrees that the CITY shall have access across its property to the ENTRANCE SIGN so as to conduct all necessary maintenance, repairs/or other cosmetic alterations of the ENTRANCE SIGN as permitted in this AGREE- MENT. The CITY shall have the right to traverse upon COUNTRY POINT property to the extent necessary to exercise its rights under this AGREEMENT. Section 4. The City shall pay forty-nine hundred ($4,900) dollars for the first year of this Lease AGREEMENT which payment shall be payable no later than February 28, 1993 due for the period 1/1/93 - 12/31/93 and a second payment of forty-nine hundred ($4,900) dollars which shall be payable no later than February 28, 1994 due for the period of 1/1/94 - 12/31/94. Thereafter on or before February 28 of each following year, the CITY shall make a payment to COUNTY POINT in the amount of One Hundred and Fifty Dollars ($150.00) for each subse- quent year of this lease term. All payments shall be mailed to Section 5. COUNTRY POINT does hereby agree to maintain the grounds surrounding the ENTRANCE SIGN so as to cause the lawn, land- scaping, and other physical and decorative elements to remain in their present excellent and neat condition. All fencing and other decora- tive elements shall be promptly repaired by COUNTRY POINT if damaged. This maintenance obligation shall apply to all grounds and improve- ments within a one hundred (100) foot radius of the ENTRANCE SIGN. Further, COUNTRY POINT shall maintain the irrigation system to provide proper irrigation to the area within one hundred (100) feet of the radius of the ENTRANCE SIGN and shall provide electricity to keep the ENTRANCE SIGN illuminated each night in the manner in which it is presently illuminated. The CITY shall have the right to change the lighting on the ENTRANCE SIGN and COUNTRY POINT shall continue to provide the electrical lines and electricity for said ENTRANCE SIGN on a nightly basis provided that: if any changes by the CITY shall increase the annual cost of electricity the CITY shall pay any in- creased electricity bill attributable to the change in lighting of that ENTRANCE SIGN. Section 6. COUNTRY POINT does hereby agree that it shall keep in full force and effect the COUNTY AGREEMENT for two (2) years from the effective date of this agreement. During that time it should comply with all responsibilities and requirements of the COUNTY AGREEMENT for median maintenance. Section hold harmless judgments, or 01.07.92 7. COUNTRY POINT does hereby to indemnify, defend, and the CITY for all causes of action, liability, claims, other costs which arise out of any of the actions of Page 3 COUNTRY POINT, its employees, agents, or other representatives in any way related to this agreement. The CITY does hereby, to the extent permitted by law, agree to indemnify, defend, and hold harmless the COUNTRY POINT for all causes of action, liability, claims, judgments or other costs in any way related to the actions to the CITY pursuant to this agreement. Section 8. This AGREEMENT shall be binding upon COUNTRY POINT, its heirs and assigns, and all successors in interest. This agreement shall be recorded in the Public Records of Broward County and be binding upon the heirs, assigns, and successors of the owners of the property more particularly described on Exhibit A and shall run with the land. Section 9. Should any litigation arise as a result of this Agreement, or the failure of either party to perform the obligations contained herein, then the prevailing party shall have a right to payment of its attorney's fees and costs incurred in said litigation by the non -prevailing party. Section 10. The drafting of this Agreement has been a joint endeavor, and no portion hereof may, as a result of judicial interpre- tation, be construed more strictly against one party than the other. Section 11. For purposes of this Agreement, all notices shall be sent certified, return receipt requested, and to the following ad- dresses (unless notice is provided otherwise by either party): AS TO CITY: AS TO COUNTRY POINT City Manager City of Parkland 6500 Parkside Drive Parkland, Florida 33067 Country Point Homeowners' Association %ACF PROPERTIES GROUP, INC. 1750 N. University Drive Suite #114 Coral Springs, Florida 33071 Section 12. The CITY may terminate this agreement at any time from and after 3/01/94 upon sixty (60) days written notice to the Association. 01.07.92. Page 4 Section 13. The effective date of this Agreement shall be the day the last party affixes its signature hereto. CITY OF PARKLAND , a municipal corporation APP City Attorney ATTEST: City Clerk COUNTRY POINT HOMEOWNERS ASSOCIATION, INC., STATE OF FLORIDA ) ss: COUNTY OF BROWRD ) BEFORE ME, the undersigned authority, personally appeared I PZ QC well known to me and known to me to be the person who executed the foregoing Agreement who, being first duly sworn by me, acknowledged that executed the same freely and voluntarily for the purposes therein expressed. WITNESS my hand and ` ficial seal in the State and County aforesaid this _day of! dLC.. , 195. 01.07.92 (fie-,�r� Sigh tura of Nota Public _1. -CA( --(r4 L5 J woe Printed or Typed Name of Notary Notary Commission No. My commission expires: PrIls64 P &. Sue atlhoi plCammissioa Ea i;, %.N.w my ray 1 •d CO:Li EE./ loin° t..`..C111.11 •L• .• H •. DESCRIPTION fi portion of Section t, Township 40 South, Range 4/ East, being marc particularly described os fb/lows : lir Eost There • Quorters(s//) of the Eos/ One- Ho/f r Yej fail f .dcscrrbea as The Cost Three- ht s f 3/11), of sox/ Section 1, LESS rood right • of noy for Stole Rood No. 7 (U.5 440 ; and LESS the South 9.la 1 ? feet as measured o/org the Eost boundory of said properly; ANO L555 T/1 FALLOW/NG: A portion of Relocated Hd/mberp Rood Dung more porticulor/y (*scribed 03 follons: COMMENCE at the 5o11/heo0 corner of the Northeast One • Quarter (N E. f'a ) of Sino . een0n 1, Sold corner having o Rondo Stole Alone Coordinate of N 7/9, /43.31 and E. 761, 850.75 ( East lone); THENCE 0n 0 grid oconng of It/89'5278'W along the South line of 50,0 Northeost One • Quor/er (N F 3:1) o distance of /00.02 feet to a line /00 feet West of and para/le/ rri1h the East line of sold Section 1, said line being the West right -0f• n'oy line of Stole Rood No 7 ; THENCE N 00.57'00' W Olonc/ Said WcSt right - of• troy line 0 distonCe of 374.16 feet ; THE/Ice N. 00'84'32 • W. along avid West ri :+I - of nay line o d,stoncc of 9604 fact no Ileo PO//it OF BEGINNING; THENCE N 45'23'33'1Y o distance of 49.05 feet ; THENCE N 89.52'33 •W. o distance of /66.64 feet to o pant of curvature of o tangent Curve Concave to the South; THENCE Westerly °long the ore of Sad Curve; to the left /vrwng o Central angle of 04.09.87' and O roams of /,83286 feet for an arc distance of /33.36 feet to O pant on o non • tangent lino ;, THENCE 5 86.16'04 "W o distance of 8Q?. et fact to o point an the ore of o non -tangent curve, Concave to the Southeast, o radio/ line of said curve through said pant having o bearing of N10.16'05*H THENCE Southwesterly, along /he ore or sold curve, to the left, haring o centro/ ong/e of /7•I7'09' and o rodius of 4640.66 feet far an orc distance of 558.09 feet to o point of /ongcncy ; THENCE 5. 6t • ECS' 43' W a distonce of .500.00 feet to o point of Currotuie 0f o tangent curve concave 10 the Northwest ; THENCE Southwesterly along the orc of Said Curve, 10 the right. flaring 0 ' Central angle of /6.47'/2and 0 radius of 4960E16 /ee/ for on orc distance of 576.a9 feet to o paint of non -tangency on life West Ano of Me Eost Torre- Quor/er4 (f 3/4) of the East One • Half re %a) of Sold Section I ; THENCE N.00.55'zt'W. along sold West line 0 d'Stoncc of 24.90 feet to the South line .,Of the Northeast One - Quarter (N. E. Y4) Of sold Section 1; THENCE NAD• 54.58 • ►Y. along sold Wes/ line o disloncc of 9700 feet 1a o point on the orc of o non - tangent curve Conceive to the Northrvcs/, o radial IMO of said curre through Said point having o Dearing of It /1•ezwe'w ; THENCE No ;lheasterly along /he orc of said curve, to the lett, haring o con tial ong to of 16 • /0.35 ' and a rodius of 46'4.9.86 fee/ for on orc dis/o/Ce of 5F2 t7 feet to o point Of tangency ; THENCE N62'25'43° E. a distonce of 900.00 feet 10 0 point of Curvature of a tongent Curve Concave to the 5outheast ; THENCE Northeasterly and easterly °long the orc of .5010 curve, to the right having o central orlgie of 2?' 40'4e' and o radius of 4060.86 feet for on otic chstoncc of 93460 feet /o o point of tbngency ; THENCE S 89.52'.35' tr. a distance of 163.00 feet ; THENCE N 44.36'4'7' E. o drstoncc of 49.94 feet to the sold West right. of Ivey - line of Stole Abaci • No. 7 ; THENCE 5 00'34.32 • E. along sold )vest rigs/ • of• ncy line o dsslonce of 202 03 feet /o the POINT OF BEGINNING. Maj 1 =n 1a 1 wv, ANO LESS THE FOLLOWING : A portion of Hillsboro Boulevard bung more por/icu/orly descrited os fo//Ow3: COMMENCE of the Norlheosl corner of said Section 1, Said eorncr r1]rit9 0 Florida State Pone Coordinate of N. 7M623.4/ and E. 761, /05.27 f Eos/ Zone): THENCE On grid tearing of 500'54'32.E. along the Eost /me of sold Section 1, o distance of 871.30 feet to the con/crline of NNydoro Boulevard; FOR CONTINUATION SEE SHEET NO. 2 DES CRI PTION THENCE 5 B9.05'eP6 • IR' along SQio' centerline o distance of 4.1230 feet 10 rho POINT Of BEG/NN/NG the West right • of- way line of 5/ole Rood 150 7 ,avid point being Mlle arc of o A n- tangent Curve concave tb the Cast, o radial line of Soid curve through said point having o bearing of Set6.374174, ' THENCE Northerly along said right -of- wvoy line, along the ore of Soid Curve, 1a /h, f right, poring 0 Centroi angle ofDO' 1/' 32 • and o todrus oP e6:74790 feet for an one distance 0f 06.47 feet 10 o point on a nbn - tongent line; THENCE S. 42.57'2/' W. 0 distance of 50.47 feet 10 0 line 6a 00 feat Nor//7 of and parallel with the so;d centerline of Hb//s two Boulevard ; THENCE S 69.05'89?/ along. said ora// / tine o des/once of /, gout feet to the West line of the Eos t Three • Quarters ! E 44) of /he East One Hart f E Ye) of said Section 1: THENCE 5O0•54'58• W along said West line o distance of 180.00 feet Ai a line 6000 feet South of and parallel with the Soid centerline of Nh1lsaora Boulevard; THENCE N89.05'89'E along said poro/k! /me o distance of 1.509.77 feet pit/lice S. 87•e8'318E. o distance of na..16 feet to o liner 7240 feet South ofono poro//e/ with /ha Sold centerline of Hillsboro aou/eford; THENCE tiBa•0525'F ()tong Sold parallel /ahs o distance of 30000 flet ; THENCE 547•11'52't o Calcine or 48 J8 Tett to the sold West ri ht •af•woy /ine of Slum Rood Na 7; THENCG N.03'88.32'11' along said nest right-of•wroy fins o distonce of ,59..98 fee/ to o point of curvatura Of 0 tangent ourve Concave to the fast; THENCE Northerly, along cord crest rignt•of•noy line, along /he ora of soil curve, to the right, boring o centro/ ..13n91e of A0•06'/4' and o radius cf /4747-90 feet The on ore distance of 52/5 feat to the'PONT QF BEG/NN/NG. AND LE55 THE FOLLOWING; An ED foot Cana/ Rrph/•of•Way lying in Sold Section /, the Ccnterl ne of so. ! /ignt•of•r+oy being more ooi'ticu/or/y descriaed os /b/lows: COMMENCE o/ the Nor/heosr corner of said Sectian / 5ord corner having o Florrao Sole /None Coordinate of N. 78?, 623.41 and E. 764 /95.27 l Eost Zone); THENCE tin o grid beoring Of 3E9°4/ '41.1661. along the North line of sod Section / o distance of /3/9.60 feet to the avid centerline, 504 point being on the arc of 0 nen• tangent Curve Concov6 to the West, 0 rodeo/ line of sod Curve through Soid pant having 4 bearing a /.89.41'44 •E. Soid point beirng the PANT DF BEG/NN/NG ; THENCE Southerly along the arc of lard Curve, to the right. having o centra/ ong/e of //'?5'15 • and o radius a' 70000 feat tar on ore distance of 139.54 feet to point of tangency; `THENCE S //•07.4?"►Y. o distance of 184.60 feet to 4 paint ofd feiVAI w of o fon9en1 curie conCOve 10 the Southeast; THENCE Southerly along the arc a' Sa'd curve, b the left, horrngg o central (Ingle of /2.04'/6• and 'rodius of 70000 feet for on ora • distance Of /4Z 48 feet to o point of longe/y' THENCE 500•57'/!'E o distonce of 355.86 feel to o pant ofcur,otu a oto tongent curve cantove to the Notlhcost; THENCE Southerly and $outheosler/y o/ong the arc of Sold Curve, to the /eft, hoping o central anyy/e of /6.09'53' and o 'oaks of /584.45 feet for an der ,star ce of 447.0/ feet to 0 point our tangency; THENCE 3l7.07'05•E. 0 distonce of //?dZS feet la o point of curvorurs of a tangent curve concave to Mx Sout/hvreit ; THENCE SauMwc:rbr/y and Southerly o/on9 the ort of said Curve, to the rrgnt. haring a Centra/ ong/e of 16.00'55 • and a radius of /584.45 feat for an we atotonte 404.t Z0/feel to a •ao�int of /ongency., THENCE .S a0 57%2 E o d�3lonee ofrca o /%+cr ib opa�st do .v aha r arfra a prat a urve Concave to the Northwest ; THENCE Southwester/y along the ore of sod curve, to the right, having co centra/ angle of 18•/0'48' Ond o radius of /61/.61 fat for on 0!C distance 5/tse feet 1b o point of tangency; THENCE 5./7113%30'W 0 distance of 315.00 feet loo point of eutvoturc of o tangent curve concove to Mc East; THENCE gout/westerly, Southerly and Southeasterly abng the oto of Soid Cut ve, /o the /eft, having 0 central or9Ic. of 50.10.52 • and o rodru5 'of /01625 feet by on Oro distance of 69a05 /feat /o o porn/ or tangency y ; THENCE S 32.57'22 ' E. o distonce of 554.7/ feet to 0 pay)/ Oftieryvtule of o tangent Currc concave to enc West ; THENCE Southeasterly, Sou/her/9 and Southwesterly along the arc of so'o' curio, /o /he r�9h/ /xhrrn9 o centro/ orale of 56.23'12' orad o rodius of /53287 tet for on oto distance of /506'55 het too point of tangency; THENCE 583825'50'W o drsroree of 476.17 feet /0 o point on o /ine 550.17 fMet (o. meas&+red along Mc East boundory of said Section 1) North of and para/Ie/ with the South line of Soid Se.: trate t, Said point tieing the PO/NT OF TERMINATION. Said /end 5'4' /Q rn 8roword County, Florida. Containing em.o4 4 ,c%. mord or /e5$.