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1993-28 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 AW:mcw:081293 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"). AW:mrn:081293 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 AW:mrw:M1293 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. AW:mrw:181293 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 AW:m w:0111293 CITY OF PARKLAND. By: Sa agliara ayor •J • �' 1V "� +t'-- 4": • ,1 :.J c 4•*( u: L_ 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 a. Ix •ti\ •�t.ti ••.\ • RES 93 — 28 JULY 1993 3-a3ouv1� ;r_. -a'\•��, 2 •/ ►, •w0, 0 • � \ W9 ) Q M, y. p.a (. I N 1b •x, H -v- ,, •• OD /' t \ •\.• u • I► -9► -10 NOI133S I► -9 -90 N011335 . !> • t - 333HVd,^ . ----- (NOS ONVISI 3N14