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1994-03 Agreement with Parkwood IX HOA for Street LightingRESOLUTION NO. 94 - 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA APPROVING AN AGREEMENT BETWEEN THE CITY OF PARKLAND AND PARKWOOD IX HOMEOWNERS ASSOCIATION, INC. FOR PLACEMENT OF STREET LIGHTING IN THE PARKWOOD IX DEVELOPMENT LOCATED WITHIN THE CITY LIMITS OF THE CITY OF PARKLAND WHEREAS, the City Commission of Parkland has reviewed the attached Agreement for the placement of street lighting in the Parkwood IX development; and WHEREAS, the City Commission finds and determines that it is in the best interest of the citizens of the City to enter into such Agreement: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1: That the appropriate City officials are hereby authorized to execute the attached Agreement for street lighting for the Parkwood IX Development. Section 2: That this resolution shall be in full force and effect immediately upon its passage and adoption. Passed and adopted this 19th day of January 1994. CITY OF P LAND BY: ATTEST. MAYOR CITY CLERK AGREEMENT THIS AGREEMENT, made and entered into this 19th day of January. 1994, by and between PARKWOOD IX HOMEOWNERS ASSOCIATION, INC., a Florida corporation, its successors and assigns, hereinafter referred to as "The Association", and the CITY OF PARKLAND, a municipal corporation, its successors and assigns, hereinafter referred to as "CITY". WHEREAS, The Association is the leinor of each and every lot delineated on the plat known as the Parkwood IX plat, as well as the owner of common property within the same plat located in the City of Parkland, Broward County, Florida; and WHEREAS, on December 2, 1992, CITY approved the Parkwood IX Plat, which has also been approved by Broward County and has been recorded in the Public Records of Broward County, Florida; and WHEREAS, a copy of the legal description and the plat of the Parkwood IX development, as recorded in the Public Records of Broward County, Florida, is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, The Association and CITY desire the Parkwood IX development to have a street lighting system for the health, safety, and welfare of the residents of the development; and WHEREAS, Florida Power and Light Company will install a street lighting system in the Parkwood IX development at the request of the CITY; and WHEREAS, CITY desires The Association to pay the cost of electricity and maintenance necessary for such street lighting system; and WHEREAS, The Association is willing to pay the cost of electricity and maintenance for such street lighting system; and WHEREAS, The Association is willing to have Florida Power and Light Company bill CITY for the cost of electricity used by such street lighting system and the cost to maintain such street lighting system; and WHEREAS, The Association will pay said bills for CITY promptly in accordance with the terms of this Agreement; and WHEREAS, CITY approved the general concept of this Agreement at the City Commission meeting on January 19, 1994, subject to formal approval of this Agreement by the City Commission. RESOLUTION NO. 94 - 3 AGREEMENT PAGE TWO NOW, THEREFORE, in consideration of the mutual terms, conditions, promises and payments hereinafter set forth, CITY and The Association agree as follows: 1. The Whereas clauses of this Agreement are hereby incorporated into this Agreement as specifically as if set forth in this paragraph. 2. Not later than ten (10) days after the execution of this Agreement, CITY shall request Florida Power and Light Company to install a street lighting system necessary to serve the Parkwood IX development, with twenty five (25) street lights to be installed at the locations generally depicted on Exhibit "B", attached hereto and incorporated herein by reference. The lighting fixtures will be substantially similar to FPL's post top contemporary light fixtures. 3. Not later than thirty (30) days after the execution of this Agreement, CITY shall notify Florida Power and Light Company that Florida Power and Light Company is to bill CITY for the electricity used by the street lighting system installed by Florida Power and Light Company to serve the Parkwood IX development. The Association agrees to pay CITY for the cost of any and all fees and charges billed by Florida Power and Light Company to CITY for the cost of electricity for the street lighting system and the cost of the maintenance of the street lighting system, including the monthly amortization of the poles installed by Florida Power and Light Company, in the Parkwood IX development, and will pay to CITY each month's bill not later than fifteen (15) days after presentation to The Association of the bill by CITY. 4. Not later than thirty (30) days after the execution of this Agreement, The association shall pay to CITY the sum of money equal to an estimate by Florida Power and Light Company of three (3) month's average billing by Florida Power and Light Company to CITY for the street lighting system serving the Parkwood IX development. CITY may use this money to pay bills submitted to CITY by Florida Power and Light Company for the electricity used by and the maintenance necessary for said street lighting system, should The association fail to promptly pay said bills. 5. The Association agrees to indemnify and hold CITY harmless from any and all costs or claims associated with the payment of any and all fees and charges related to the cost of electricity and the cost to maintain the street lighting system in the Parkwood IX development for the duration of this Agreement. RESOLUTION NO. 94 - 3 AGREEMENT PAGE THREE 6. Should CITY determine that it desires to pay the costs of electricity and maintenance of the street lighting system in the Parkwood IX development, CITY shall so notify The Association in writing,.and upon receipt of such written notification from CITY by The Association, The Association's obligations pursuant to this Agreement shall terminate. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. P INC. EOWNERS ASSOCIATION, Pre Attest: RES94-3 City Clerk CORPORATE RESOLUTION OF PARKWOOD IX HOMEOWNERS ASSOCIATION. INC. Pursuant to Florida Statutes Sections 607.0821 and 607.0704, the Board of Directors and Shareholders of PARKWOOD IX HOMEOWNERS ASSOCIATION. INC.. a Florida corporation, hereby take the followino action in lieu of a meeting therefore and all statutory and by-law requirements pertainino t -o the time. manner and place of same are hereby waived, and the following resolution was adopted: "RESOLVED that IRVING JABLON is duly elected and a000inted President of PARKWOOD IX HOMEOWNERS ASSOCIATION. INC., as of the 3rd'day June. 1993." IN WITNESS WHEREOF, the undersigned has executed this resolution this 3PL day of �-�/� . 1993. ABLON. Secr tars 4 SESIGNATION I HEREWITH TENDER MY RESIGNATION AS DIRECTOR AND PRESIDENT OF PARKWOOD IX HOMEOWNER \SSOCIATION. INC.. A FLORIDA CORPORATION. TO TAKE EFFEC PON ACCEPTANCE BY ITS BOARD OF DIRECTORS AND UPON ELECTION OF MY SUCCESSOR. DATED THIS 3RD DAY OF JUNE. 1993. ` LOUIS TREMATERRA ° ACCEPTANCE OF RESIGNATION OF DIRECTOR/OFFICER Gentlemen: The Board of Directors of PARKWOOD IX HOMEOWNERS ASSOCIATION, INC. a Florida Corporation hereby acceots the resignation of Louis Trematerra as Director and President of PARKWOOD IX HOMEOWNERS, INC. Dated June 3, 1993 44411/10 Ard IRVIN ON. Director ^ '''' RESOLUTION 94 - 3 EXHIBIT „„Bt1 ai ® sir- ® o ® e N.W. 74th. Placa LAKE .t„ ' \1 LAKE O �O 0 0 0 0 ®®1®1 ® @lel@,' 2 / 3 ®i®1®1® ®i ®1®1®1®1 ®� 1 � i � �� i i .1___(/ �• ®! - 1 1 11 1 j 1 1 i ® ® O LAKE % ' to S i '; 1 .� \ iKfi i ,t ® I _ \c ® --i-1i iti i 1 i 1 I 1 tit 1 1 1 1 1 I 1 1 1 1 1 -r ®1®1®1®I®I®I®iI®®101®1®101®1 e 1 1 1 1 1 t 1 1 1 1 1 1 1 1 t3 ` 1 1 1 1 . 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