HomeMy WebLinkAbout1993-28 Meadow Run West Paving & Drainage Agreement, Florida National PropertiesRESOLUTION NO. 93 - 28
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 MEADOW RUN WEST 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 Meadow Run West.
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 18 DAY OF AUGUST
, 1993.
RES 93 - 28
AGREEMENT
for
CONSTRUCTION AND/OR INSTALLATION
of
PAVING AND DRAINAGE IMPROVEMENTS
for the
SUBDIVISION STREETS
in the
MEADOW RUN WEST SUBDIVISION
THIS AGREEMENT, made and entered into this 18 day of
AUGUST , 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".)
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 Composite Exhibit "A", attached hereto
and made a part hereof, consisting of two (2) pages (hereinafter
referred to as "the property"); and
WHEREAS, DEVELOPER has submitted a plat known as MEADOW RUN
WEST plat, which includes private rights-of-way, to CITY in order
to subdivide the property, and the Plat has been reviewed and
approved by CITY and the Broward County Board of County
Commissioners; and
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Page 1 of 5
RES 93 - 28
WHEREAS, Section 13-68(a)(6)(g) of the CITY's Land
Development 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,
except that said local roads may be completed in phases, and that
certificates of occupancy may be issued within each phase as if the
phase was a separate development, provided that the phasing plan
has been approved by CITY; and
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. 92-
700.66, consisting of sheets 1 through 3, inclusive, Job No. 92-
700.73, consisting of sheets 1 through 6 inclusive, and Job No. 93-
700.10, consisting of sheets 1 through 15, inclusive, all prepared
by Gee and Jenson, Engineers, Architects, Planners, Inc., and City
Land Development Permit Nos. 019-LDEV-93 and 021-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").
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Page 2 of 5
RES 93 - 28
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
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
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Page 3 of 5
RES 93 - 28
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.
(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 the
Meadow Run Homeowners' Association 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.
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Page 4 of 5
RES 93 - 28
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.
IN WITNESS THEREOF, the parties hereto have caused these
presents to be executed the day and year first written above.
ATTEST:
Susan Armstrong, City C.
ATTEST:
James McG• an
Secret=ry
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CITY OF PARKLAND.
By:
Sa agliara ayor
•J
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4": •
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FLORIDA NATIONAL PRCPF)R2IEb' ,INC
• te
it y
By. . '\J, - ��
W. Buntemeyer, President
Page 5 of 5
EXHIBIT A
RES 93 - 28
A portion of Section 4, Township 48 South, Range 41
East, Broward County, Florida, described as follows:
Commencing at the northwest corner of the
Southwest Quarter (SW 1/4) of said Section 4;
thence South 00'52'50" East, along the west
line of said Southwest Quarter (SW 1/4), a distance
of 777.86 feet to the POINT OF BEGINNING on a curve
on the southerly Right of Way line Of North Springs
Improvement District S2-4 Drainage Right of Way as
described in Official Record Book 16031 at Page 560
of said Public Records, said curve being concave; to
the northwest having a radius of 3067.50 feet and
to said point a radial line bears South 15'57'19"
East;
thence northeasterly, along said curve on said
southerly Right of Way line, through a central
angle of 04'29'10", a distance of 240.18 feet;
thence North 69'33'31" East, along said
southerly Right of Way line, a distance of 125.55
feet to the beginning of a curve concave to the
northwest having a radius of 3067.50 feet;
thence northeasterly, along said curve on said
southerly Right of Way line, through a central
angle of 21'51'41", a distance of 1170.41 feet to a
corner of the additional Right of Way for North
Springs Improvement District S2-4 and S2-2 Drainage
Rights of Way as described in Official Record Book
18227 at Page 442 of said Public Records;
thence continue northeasterly, along said
curve on the southerly Right of Way line of said
additional Right of Way, through a central angle of
00.26'50", a distance of 23.94 feet;
thence continue northeasterly, along said
curve, departing said southerly Right of Way line,
through a central angle of 02'15'07", a distance of
120.57 feet to a southerly Right of Way line of
North Springs Improvement District S2-2 Drainage
Right of Way as described in said Official Record
Book 16031 at Page 560;
thence continue northeasterly, along said
curve, through a central angle of 00'45'32", a
distance of 40.63 feet to a southwesterly Right of
Way line of said North Springs Improvement District
S2-4 Drainage Right of Way;
thence continue northeasterly, along said
curve, through a central angle of 00'25'28", a
distance of 22.72 feet to the westerly line of
MEADOW RUN, according to the plat thereof, recorded
in Plat Book 151 at Page 6 of said Public Records
at the point of cusp of a curve concave to the east
having a radius of 25.00 feet, a central angle of
84'33'08" and to said point a radial line bears
North 46'11'07" West;
thence southwesterly, southerly and
southeasterly, along said curve on said westerly
line, a distance of 36.89 feet;
x.7 . f.
•2513
Page 1 of 2
EXHIBIT A
thence South 40'44'15" East, along said
westerly line, a distance of 214.90 feet to the
beginning of a curve concave to the northeast
having a radius of 707.50 feet and a central angle
of 29'41'22";
thence southeasterly, along said curve on said
westerly line, a distance of 366.61 feet;
thence South 70'25'37" East, along said
westerly line, a distance of 92.42 feet to the
beginning of a curve concave to the southwest
having a radius of 767.50 feet and a central angle
of 31'53'55";
thence southeasterly, along said curve on said
westerly line, a distance of 427.30 feet;
thence South.38'31'42" East, along said
westerly line, a distance of 183.91 feet to the,
most southerly corner of said.MEADOW RUN on the
northerly Right of Way line of Holmberg Road as
shown on THE LANDINGS OF PARKLAND, according to the
plat thereof, recorded in Plat Book 137 at Page 22
of said Public Records;
thence South 51'28'18" West, along said
northerly Right of Way line, a distance of 546.64
feet to the beginning of a curve concave to the
northwest having a radius of 2440.00 feet and a
central angle of 38'51'09";
thence southwesterly and westerly, along said
curve on said northerly Right of Way line, a
distance of 1654.57 feet;
thence North 89'40'33" West, along said
northerly Right of Way line, a distance of 423.86
feet;
thence North 45'16'41" West, a distance of
48.97 feet to a line parallel with and 39.14 feet
easterly from said west line of the Southwest
Quarter (SW 1/4) of Section 4;
thence North 00'52'50" West, along said
parallel line, a distance of 264.66 feet to the
beginning of a curve concave to the west having a
radius of 2360.00 feet and a central angle of
10'26'58";
thence northerly, along said curve, a distance
of 430.41 feet to said west line of the Southwest
Quarter (SW 1/4) of Section 4;
thence North 00'52'50" West, along said west
line, non -tangent to said curve, a distance of
94.59 feet to the POINT OF BEGINNING.
RES 93 -28
Said land being in the City of Parkland, Broward County,
Florida.
Containing 55.150 Acres, more or less.
Page 2 of 2
RES 93 - 28
EXHIBIT B
CITY OF PARKLAND
DEVELOPMENT ORDER
NO. 6-2/ -- (-0t9/-40 DATE .
%•. f"? g
APPLICATION AND PERMIT FOR CONSTRUCTION ON PUBLIC RIGHT-OF-WAY
EASEMENT AND ON SITE IMPROVEMENTS
ADDRESS: TELEPHONE:
�da Nat onAteal Properties, 3300 University Dr,Coral Spr 305 752-1100
CONTRACTOR'S NAME: ADDRESS: TELEPHONE:
6eeCIFMRE EAP,Inc.,3300 Unipversi y Dr,Coral Spr (305)52-49
880NE:
RIGHT-0F_WAY/EA3EMENT:priVate rignt .of -wady
p� DI CRIPTION — ATTACH CQPIE9 OF PLANS: Meadow Run Meg. Park
-DDeene opment lanae&J Job No. 92-700.73) & drainageway slope wall and cu vert ••
%onstruction pian (um Job No. 94-/UU.bb)
EST. CONSTRUCTION COST 41bU,U00.U0 DATE REVIEWED 7/3/ '
DATE APPROVED ,j p�
APPROVED BY lo
PERMIT FEE )( $900.00 (Cost Recovery Account)
APPLICANT/OWNER RESPON8IELE FOR APPROVAL OF PROJECT BY OTHER
REGULATORY AGENCII-�800-AND NO IFICATION OF UTILITY CO' S,
U.N.C.L:E. NM
CALL 753-405.0 - 24 HOURS BEFORE EXCAVATING. NO CUTS ACROSS CITY
pAVEMENT.
scant/Ower hereby agrees and understands that; he will be'
reepo •1e•:sfor all costs for repair of any damage to Cit
property • ed by, or as result of, the work and'.ns .ration
hereby permit Applicant will be responsible maintenance
of the.facilities =tailed until acceptance he City:' In the
. event the City of Par for any rea • • shall •deem It
necessary or advisable tha •e fac y be removed in whole or
in part that.' -the obstruction, o.. -t•tor material'.placed:'.on
public property pursuant t• s ap• ation and permit will be
removed immediately, u. notice to the , all costs ,for
removal or replac of said obstruction. •• =ct or material
will be the, s • - respbnsibi•l ity..of •the• Owner. • an. • e City of
WrITTESS
Parkland' have . tiot• reslponsibii4ty.. therefcsre. • App • • nt
here • '..arrhnts the 'cons ruction to be'. =e of defects fo
od-'o.���,� rr"om tita�e o'iacepta zc = byte City.
% •DOWNER REP.
WITNESS:
DEVEL.ORD
..(.SEAL)
PARKLAND ..4a. -SEAL)
DATE:
RES 93 - 28
EXHIBIT B
CITY OF PARKLAND
DEVELOPMENT ORDER
ice.. .. -
NO. 019 -- L n C G'- 9 3 DATE:' `1983
APPLICATION AND PERMIT FOR CONSTRUCTION ON PUBLIC RIGHT-OF-WAY
EASEMENT AND ON SITE IMPROVEMENTS
OWNER'S
National Properties, Inc. 3300 University Dr. Coral gss, FI (305)752-1100
CONTRACTOR' S* NAME: ADDRESS:- ' TELEPHONE:
ARCHITECT/ENG: ADDRESS: TELEPRiONE:
see & Jenson. E -A -P. Inc. 3300 University Or. Coral Springs, FL 1(305 752-4960
RIGHT—OF-WAY/EASEMENT: Private Right of Way
PROJECT DESCRIPTION. — ATTACH COPIES OF PLANS: Meadow Run West
Paving and Drainage
APPLICANT/OWNER RESPONSIBLE FOR APPROVAL OF PROJECT BY OTHER
REGULATORY.AGENCIES - AND NOTIFICATION OF UTILITY CO'S,
U.N.C.L.E. NO: 1-800-432-4770
CALL 753-4050 - 24 HOURS BEFORE EXCAVATINN NO CUTS ACROSS CITY
•AVEMENT.
Icant/Owwer hereby agrees and
• le for ail costs for
Property
ed by, or as 1E1
by perms• App l ) • (it- 11
t ed
rmr
Prof
here
of the facilities
11
event the City ar
necessary•or • .► -ble th-
in part.tha ,e obstruction,
public pro•-rty pursuant t
removed immediately, u
removal or replac
will be the s
Parkland'
her=e �, '.
d
1• -
0
t
s
tin
t nds that he will
t e y damage to Ci
he work and in :•• ation
responsible maintenance
y
..,-
eptanc the City. In the
rea , shall deem it
y be removed in whole or
or material placed on
ication and permit will be
ty, all costs for
ction, sect or material
e. Owner. - the City of
.therefcsre. icant
e .f ee o
•
a
fac
at
a
notice to t
of said obstru
respbnaibi•1 sty.. of th
have nog• responsibi clty,
arrants the 'cobstruct i ori 1 o b
od• 'of one •year• from 'elate p
by
WITNES • + :.. ,...��� - OWNER Rep . \ tl 1' MEAL)
-'
PARKLAND , `.111,.,.4SEAL)
DATE: ��� S
f e efects n
City.
ot:'�dce to
4; 4e
DEVEL. ORD
EXHIBIT C
CD
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RES 93 — 28
JULY 1993
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