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1993-21 Agreement Tall Pines & Tall Pines North Paving & DrainageRESOLUTION NO. 93 - 21 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, INC. FOR TALL PINES AND TALL PINES NORTH PAVING AND DRAINAGE WHEREAS, the City Commission of the City of Parkland finds and determines that it is in the best interest of the citizens to execute an Agreement between the City of Parkland and Florida National Properties, Inc. for the purpose of providing Paving and Drainage for Tall Pines and Tall Pines North. 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 an 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 16 DAY OF JUNE 1993. SAL PAGLIARA, Mayor SUSAN ARMSTRONG, City Cllr AGREEMENT FOR CONSTRUCTION AND/OR INSTALLATION OF PAVING AND DRAINAGE IMPROVEMENTS FOR THE SUBDIVISION STREETS IN THE TALL PINES AND TALL PINES NORTH SUBDIVISION THIS AGREEMENT, made and entered into this 16 June , 199 3, by and between: CITY OF PARKLAND, FLORIDA a municipal corporation, 6500 Parkside 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". ) day of W ITNESSET H: 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 Composite Exhibit "A", attached hereto and made a part hereof, consisting of six (6) pages (hereinafter referred to as "the property"); and WHEREAS, DEVELOPER has submitted two (2) plats, known as Tall Pines Plat and Tall Pines North Plat, each of which included private rights-of-way, to CITY in order to subdivide the property, and each 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 13-68(a) (6) (g) of the CITY's LandDevelopment Code provides that, prior to issuance of a certificate of occupancy, DEVELOPER shall construct to all applicable CITY standards all local roads that are internal to the development and necessary to provide safe and adequate access to the development, fikdept that said local roads may be completed in pha`sea, and t#1a't Gar*if igates of occupancy May be issued within each philae to if the phase 4as a Separate development, provided that the phasing plan has been approved by CITY; and 1 WHEREAS, the parties hereto are desirous of entering into an Agreement providing for the construction and installation by DEVELOPER of the paving and drainage improvements which are the subject matter of this AGREEMENT. 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 which is 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 known as Job No. 90-385, consisting of sheets Nos. 1 through 9, inclusive, and Job No. 90- 386, consisting of sheets Nos. 1 through 8 inclusive, prepared by Gee and Jenson, Engineers, Architects, Planners, Inc., and City Land Development Permit No. 014-LDEV-93, approved by the City Engineer all of which are 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. 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 CITY. 5. DEVELOPER shall, at his expense, retain the services of a Florida licensed engineer to inspect the subject improvements to ensure that construction and installation of the paving and 2 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 specifications. While the work is in progress, the City Engineer or his authorized representative shall provide DEVELOPER or DEVELOPER'S engineer with any comments relating to the progress of the work that the City Engineer has. 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. DEVELOPER and CITY understand and agree that the paving and drainage improvements may be constructed and/or installed within independent geographic areas defined as phases (the PHASE(s)") in accordance with said phasing plan attached hereto and incorporated herein as Exhibit "C" ("the PHASING PLAN"). The CITY hereby approves the PHASING PLAN. The numerical designations of the PHASES are for identification only and are not intended to delineate the order of construction of the PHASES. The order of construction of PHASES may be determined by DEVELOPER. Each PHASE shall be served by paved access to the CITY's street network prior to the issuance of the first Certificate of Occupancy for that PHASE. 8. Upon completion of the paving and drainage improvements in any PHASE (or for the Property if the referenced improvements are installed without phasing), DEVELOPER agrees to: (a) Provide the CITY with a Certification of Completion from its supervisory engineers, certifying that all work has been substantially completed in accordance with the approved paving and drainage plans and specifications. 3 (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. 9. DEVELOPER and CITY recognize and acknowledge that DEVELOPER intends to create a Homeowners' Association in the future which will be responsible for, among other things, the maintenance of the paving and drainage improvements within the property. Therefore, after the completion of the paving and drainage improvements within the property, DEVELOPER shall provide said Homeowners' Association with a warranty for the paving and drainage improvements against any defects in materials or workmanship for a period of two (2) years from the date of the City Engineer's Certification of Completion, for the final PHASE, issued in accordance with Paragraph 8. 10. 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. 11. This AGREEMENT shall be binding upon the parties hereto, their heirs, representatives, successors and assigns. 12. 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 adoption by CITY's Commission. 13. Nothing in this AGREEMENT shall relieve DEVELOPER from complying with any City or County laws, ordinances, or regulations and nothing in this AGREEMENT shall vest any rights in DEVELOPER. 14. DEVELOPER and CITY agree that this AGREEMENT shall not be recorded in the Public Records of Broward County, Florida. 4 IN WITNESS THEREOF, the parties hereto have caused these presents to be executed the day and year first written above. ATTEST: Susan Armstrong, City rk ATTEST: Ja es P. McGoW Secret;ry 5 CITY OF PARKLAND ►�,,e►1312 , . C1 + tl %" FLORIDA NATIONAL PROPERTIES t C. By: ..1 Buntemeyer, Presi nt _: riI3IT "A" TALL ?EVES A portion of Tracts 20, 26, 27, 28, 29, 30, and 31, Section 3, Township 48 South, Range 41 East, FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2, according to the plat thereof, recorded in Plat Book 1 at Page 102 of the Public Records of Palm Beach County, Florida, and the vacated 15.00 foot wide road Right of Way adjoining said Tracts 20 and 29 as described in Official Record Book 18208 at Page 940 of the Public Records of Broward County, Florida, described as follows: BEGINNING at the southwest corner of the 14.00 foot wide additional Right of Way for Riverside Drive as described in Official Record Book 13792 at Page 658 of said Public Records of Broward County, on the north line of Parcel 305.I of the Sawgrass Expressway as described in Official Record Book 12335 at Page 900 of said Public Records; thence North 89'39'11" West, line, a distance of 392.95 feet; thence South 89'02'02" West, line, a distance of 400.14 feet; along said north along said north thence North 89'27'45" West, along said north line and its westerly prolongation, a distance of 1072.82 feet to the easterly prolongation of the north line of Parcel 305.F of the Sawgrass Expressway as described in Official Record Book 12335 at Page 900 of said Public Records; thence North 89'27'47" West, along said easterly prolongation, a distance of 7.39 feet to the west line of the Southeast Quarter (SE 1/4) and the east line of the Southwest Quarter (SW 1/4) of said Section 3; thence continue North 89'27'47" West, along said easterly prolongation and said north line, a distance of 88.58 feet; thence North 85'27'47" West, along said north line, a distance of 490.50 feet; thence North 00'26'00" East, a distance of 510.09 feet to the north line of said Tract 20; thence South 89'34'00" East, along said north line and its easterly prolongation, a distance of 565.38 feet to said west line of the Southeast Quarter (SE 1/4) of Section 3; thence South 89'33'58" East, along the westerly prolongation of the south line of said Tract 30, a distance of 15.00 feet to the southwest corner of said Tract 30; thence North 00'52'25" West, along the west line of said Tracts 30 and 31, a distance of 1035.40 feet to the westerly prolongation of a southerly line of that parcel of land conveyed to North Springs Improvement District by the Warranty Deed recorded in Official Record Book 17498 at Page 259 of said Public Records; 1.h.C. 3.27. f/ Page 1 of 3 L:•.HIEIi ''A" TALL ?INES thence North 89°07'35" East, along said westerly prolongation, a distance of 10.00 feet to a southwest corner of said parcel; thence continue North 89'07'35" East, along said southerly line, a distance of 100.00 feet to the beginning of a curve concave to the southwest having a radius of 1070.00 feet and a central angle of 27'55'48"; thence easterly and southeasterly, along said curve on said southerly line, a distance of 521.59 feet to the point of reverse curvature of a curve concave to the northeast having a radius of 730.00 feet and a central angle of 26°43'33"; thence southeasterly and easterly, along said curve on said southerly line and the easterly continuation of said southerly line, a distance of 340.51 feet; thence South 89'40'10" East, along the westerly prolongation of said southerly line and along said southerly line, a distance of 434.19 feet to the beginning of a curve concave to the southwest having a radius of 382.47 feet and a central angle of 20'06'48"; thence easterly and southeasterly, along said curve on said southerly line, a distance of 134.26 feet; thence South 69'33'22" East, along said southerly line, a distance of 76.00 feet to a southeast corner of said parcel; thence continue South 69'33'22" East, a distance of 30.80 feet to the southwest corner of the easement recorded in Official Record Book 17729 at Page 574 of said Public Records; thence South 82'35'29" East, along the southerly line of said easement, a distance of 50.00 feet to a southeast corner of said easement; thence North 07.24'31" East, along the easterly line of said easement, a distance of 190.51 feet; thence North 31'00'29" East, departing said easterly line, a distance of 30.80 feet; thence North 41.99 feet; thence North 88.47 feet; thence North 82.69 feet; 25°25'00" East, 64'33'29" East, 31'41'06" East, thence North 35'04'18" East, 67.87 feet; Page 2 of 3 a distance of a distance of a distance of a distance of 3 27. t' EXHIBIT ''A" TALL °IVES thence South 84'30'41" 61.51 feet; thence South 57'23'48" 78.06 feet; thence South 73'12'30" 72.76 feet; thence South 67'28'00" 71.28 feet; East, a distance of East, a distance of East, a distance of East, a distance of thence South 13'06'14" East, a 21.76 feet to the west Right of Way 14.00 foot wide additional Right of Riverside Drive; distance of line of said Way for thence South 12'58'05" West, along said west Right of Way line, a distance of 912.05 feet to the beginning of a curve concave to the east having a radius of 2358.83 feet and a central angle of 13'51'27"; thence southerly, along said curve on said west Right of Way line, a distance of 570.50 feet; thence South 00'53'22" East, along said west Right of Way line, a distance of 165.81 feet to the POINT OF BEGINNING. TOGETHER WITH a portion of Tracts 25 and 26 of said Section 3, described as follows: BEGINNING at the northwest corner of RIVERSIDE ACRES, according to the plat thereof, recorded in Plat Book 132 at Page 6 of said Public Records on the east Right of Way line of Riverside Drive as described in Official Record Book 12641 at Page 479 of said Public Records; thence North 12'58'05" East, along said east Right of Way line, a distance of 1157.43 feet; thence North 18.23'42" East, along said east Right of Way line, a distance of 200.90 feet; thence North 12'58'05" East, along said east Right of Way line, a distance of 171.90 feet to the west line of that portion of said Southeast Quarter (SE 1/4) of Section 3 described in the Warranty Deed recorded in Official Record Book 15322 at Page 648 of said Public Records; thence South 00'53'22" East, along said west line, a distance of 1488.47 feet to the north line of said RIVERSIDE ACRES; thence North 89'40'10" West, along said north line, a distance of 384.82 feet to the POINT OF BEGINNING. Said land being in the City of Parkland, Broward County, Florida. Containing a total of 80.881 Acres, more or less. Page 3 of 3 EXHIBIT "A" TALL PINES NORTH A portion of Tracts 25, 26, 27, 31 and 32, Section 3, Township 48 South, Range 41 East, FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 2, according to the plat thereof, recorded in Plat Book 1 at Page 102 of the Public Records of Palm Beach County, Florida, described as follows: Commencing at the northwest corner of the Southeast Quarter (SE 1/4) of said Section 3; thence South 00'52'25" East, along the west line of said Southeast Quarter (SE 1/4), a distance of 965.60 feet to the westerly prolongation of the southerly Right of Way line of Holmberg Road (Realigned) as described in Official Record Book 16006 at Page 545 of the Public Records of Broward County, Florida; thence South 89'46'23" East, along said westerly prolongation, a distance of 15.00 feet to the POINT OF BEGINNING on said southerly Right of Way line on the west line of said Tract 31; thence along said southerly Right of Way line the following four (4) courses: (1) continue South 89'46'23" East, a distance of 467.82 feet to the beginning of a curve concave to the northwest having a radius of 1531.86 feet and a central angle of 42'01'37"; (2) easterly and northeasterly, along said curve, a distance of 1123.63 feet; (3) North 48'12'00" East, a distance of 228.78 feet to the beginning of a curve concave to the southeast having a radius of 1411.86 feet and a central angle of 34'26'52"; (4) northeasterly and easterly, along said curve, a distance of 848.85 feet to the south Right of Way line of Riverside Drive as described in Official Record Book 12641 at Page 479 of said Public Records of Broward County; thence South 89'52'36" East, along said south Right of Way line, non -tangent to said curve, a distance of 9.93 feet; thence South 38'27'16" East, along said south Right of Way line, a distance of 36.82 feet to the west Right of Way line of the 14.00 foot wide additional Right of Way for Riverside Drive as described in Official Record Book 13792 at Page 658 of said Public Records; thence along said west Right of Way line the following three (3) courses: (1) South 12'58'05" West, a distance of 311.41 feet; gs l.3 Page 1 of 3 EXHIBIT "A" TALL PINES NORTH (2) South 10'57'49" West, a distance of 200.12 feet; (3) South 12.58'05" West, a distance of 883.57 feet to a northeasterly corner of Parcel B, TALL -PINES, according to the plat thereof, recorded in Plat Book 152 at Page 30 of said Public Records; thence along the northerly line of said TALL -PINES, the following eighteen (18) courses: (1) (2) (3) (4) (5) (6) (7) (8) (9) North North North North North South 13'06'14" 67'28'00" 73'12'30" 57'23'48" 84.30'41" 35.04'18" South 31'41'06" South 64.33'29" South 25'25'00" (10) South feet; (11) South feet; (12) North feet; 31'00'29" 07'24'31" 82'35'29" West, West, West, West, West, West, West, West, West, West, a distance a distance a distance a distance a distance a distance a distance a distance a distance a distance of 21.76 of 71.28 of 72.76 of 78.06 of 61.51 of 67.87 of 82.69 of 88.47 of 41.99 of 30.80 feet; feet; feet; feet; feet; feet; feet; feet; feet; West, a distance of 190.51 West, a distance of 50.00 (13) North 69'33'22" West, a distance of 106.80 feet to the beginning of a curve concave to the southwest having a radius of 382.47 feet and a central angle of 20'06'48"; (14) northwesterly and westerly, along said curve, a distance of 134.26 feet; (15) North 89'40'10" West, a distance of 434.19 feet to the beginning of a curve concave to the northeast having a radius of 730.00 feet and a central angle of 26.43'33"; (16) westerly and northwesterly, along said curve, a distance of 340.51 feet to the point of reverse curvature of a curve concave to the southwest having a radius of 1070.00 feet and a central angle of 27'55'48"; (17) northwesterly and westerly, along said curve, a distance of 521.59 feet; Page 2 of 3 EXHIBIT "A" TALL PINES NORTH (18) South 89'07'35" West, a distance of 110.00 feet to the northwest corner of said TALL -PINES on said west line of Tract 31; thence North 00'52'25" West, along said west line, a distance of 535.79 feet to the POINT OF BEGINNING. Said land being in the City of Parkland, Broward County, Florida. Containing 48.188 Acres, more or less. 3 3,•f3 Page 3 of 3 6ulseyd uol)onilsuo3 4)JON sauld !lel Non N „J„ 112IH}:_i North