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1994-11 Site Plan Cypress CayRESOLUTION 94-11 A RESOLUTION OF THE CITY OF PARKLAND FOR SITE PLAN APPROVAL OF TRACT E & E-1 OF THE PARKLAND LAKES PLANNED UNIT DEVELOPMENT, TO BE KNOWN AS CYPRESS CAY AND PROPOSED FOR 106 SINGLE FAMILY UNITS. WHEREAS, it is the responsibility of the Planning and Zoning Board of the City of Parkland, Florida to hold Public Hearing on all site plan approvals; and WHEREAS, a Notice of Public Hearing was published in a local newspaper; and WHEREAS, the Planning and Zoning Board of the City of Parkland finds that the development is consistent with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Board of the City of Parkland determined that the petition of Transeastern Properties, Inc has satisfied all of the concurrency requirements; and WHEREAS, the Planning and Zoning Board of the City of Parkland made MOTION to approve Case No. 08 -SP -93 with a roll call vote of 6-0; WHEREAS, the Planning and Zoning Board finds the proposed development Cypress Cay is not a substantial deviation from the approved PUD Master Plan; WHEREAS, pursuant to Section 22-74 (b)(2)(a) of the Code of Ordinances, the City Commission adopted a resolution to review the site plan and finds the site plan to be in conformance with the City Code; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF PARKLAND HEREBY GRANTS SITE PLAN APPROVAL FOR CASE NO. 08 - SP -93 WITH THE FOLLOWING CONDITIONS: 1. This approval is based on site plan entitled Cypress Cay prepared by Carnahan -Proctor and Associates, Inc. dated received by the City of Parkland December 28, 1993 including site plan, landscaping plans, signage, and preliminary engineering. 2. The Petitioner shall provide funds to be placed in an interest bearing account acceptable to the City Attorney in the amount of $20,000.00 for the removal of the sales trailer to be returned to the Petitioner upon complete removal of the trailer and accessory parking and landscaping and the lot returned to a buildable condition. This condition shall be completed prior to the issuance of a building permit for the sales trailer. RESOLUTION 94-11 PAGE 2 3. The petitioner shall completely remove all existing invasive exotic vegetation from the site during the land development stage of the project and prior to the issuance of a building permit. 4. The petitioner shall obtain a letter of approval from the local drainage district for the construction of the culvert, roadway, and driveway with in the existing 66' drainage and utility easement. This letter of approval shall be submitted to the city prior to the issuance of a land development permit. 5. The petitioner shall install a 96 inch elliptical concrete pipe. 6. The petitioner shall provide a 3-4 foot hedge at planting along the complete length of the northern and southern property line to be maintained at a 6 - 7 foot height. 7. The petitioner shall provide additional berming and landscaping next to the tennis courts to provide a parklike buffer. 8. The petitioner shall construct the pool, tot lot area and the tennis court amenities on the east side of Parkside Drive prior to the issuance of a certificate of occupancy for the eleventh unit within the Cypress Cay development. The petitioner shall also construct the tot lot area, the pool and tennis court amenities on the west side of Parkside Drive prior to the issuance of the fifty-fourth certificate of occupancy for the overall Cypress Cay development. This condition shall exclude the model homes. 9. The petitioner shall not allow any building or structure to be permitted over the raw water lines contained in Lots 59 through and including Lot 64. 10. The petitioner shall remove areca palms and black olives from the landscaping plan of the overall project. 11. This approval of the proposed site plan is subject to approval by the City Commission and the Broward County Commission of the replat of Tracts E & E-1 of Parkland Lakes PUD. 12. This approval shall deem null and void all prior approvals on Tract E & E-1 of the Parkland Lakes PUD. RESOLUTION 94-11 PAGE 3 13. The Petitioner shall provide proposed landscaping for Model A to be consistent with and in conformance with the minimum Landscaping Code requirements provided in the City Code, as well as the other Models proposed for the Cypress Cay development. 14. The Petitioner shall provide a total of eight additional trees around the tennis courts; species to be reviewed and approved by Staff. 15. The berms located at the turn lanes shall be flattened to allow for the equestrian trail. 16. There shall be no transfer of density but trips may be transfered. 17. FPL transformers constructed on Parkside Drive shall be screened per City Code and reviewed for approval by Staff. 18. The signs shall be of marble, masonry, wood, tile, and textured stucco. 19. The Petitioner shall provide split -leaf philodendron every thirty feet on center on each side of Parkside Drive in the landscape buffer. 20. The Petitioner shall remove valley gutters which conflict with traffic lanes. PASSED AND ADOPTED ON THIS THE 16 DAY OF FEBRUARY , 1994. ATTEST: SUSAN ARMSTRONG, C.M C. CITY CLERK S PAGLI•'•1 MAYOR t/"'/.2o-r-c,( ,4--.-7/) /91,4 7 in: C, T . AGREEMENT `A" /may 7 c THIS AGREEMENT, made this /D day of May, 1994, among CYPRESS HEAD CLUB, INC. ("CYPRESS HEAD"), CYPRESS CAY HOMEOWNERS' ASSOCIATION, INC. ("CYPRESS CAY") and TRANSEASTERN PROPERTIES OF SOUTH FLORIDA, INC. ("TRANSEASTERN"). WITNESSETH WHEREAS, CYPRESS HEAD, a Florida corporation not for profit, has been organized to own, administer and maintain the Common Areas of the real property subject to the Declaration of Protective Covenants and Restrictions for the project known as CYPRESS HEAD AT PARKLAND LAKES, as recorded at Official Records Book 8791, Page 456 of the Public Records of Broward County, Florida; and WHEREAS, included in the Cypress Head Common Areas are certain water courses designated on the Plat of Parkland Lakes, P.U.D., as recorded in Plat Book 102, Page 44, of the Public Records of Broward County, Florida; and WHEREAS, CYPRESS HEAD has the responsibility for operating the surface water management system of the Plat of Parkland Lakes, P.U.D. pursuant to South Florida Water Management District Surface Water Management Permit #06-00088-S special condition # 8, (the "Permit"); and WHEREAS, TRANSEASTERN is the owner of the following described property situate and lying in Broward County, Florida: Tracts "E" and "E-1" of PARKLAND LAKES, P.U.D., according to the Plat thereof as recorded in Plat Book 102, Page 44 of the Public records of Broward County, Florida (the "Cypress Cay Project"); and WHEREAS, TRANSEASTERN shall execute and record in the Public Records of Broward County, Florida certain Declarations of Covenants and Restrictions for the Cypress Cay Project; and 1 WHEREAS, CYPRESS CAY is a Florida corporation not .for profit, organized for the purpose to own, administer and maintain the Common Areas of the Cypress Cay Project and to perform certain other functions; and WHEREAS, as part of the development of the Cypress Cay Project, TRANSEASTERN wishes to eliminate a four hundred and sixty- five (465') feet section of an existing drainage canal located within a sixty-six (66) foot wide drainage easement located in the Cypress Cay project, to substitute therefor a ninety-six (96") inch elliptical reinforced concrete pipe culvert (the "Culvert") and to construct certain improvements within such easement; and WHEREAS, the water course system maintained by CYPRESS HEAD is connected to such existing canal and the proposed replacement of the existing canal with the Culvert may impact on tho operation and maintenance of the water course system owned and, maintained by CYPRESS HEAD; and WHEREAS, the parties wish to enter into an Agreement providing for protection to CYPRESS HEAD, and for the sharing of the maintenance and repair of the storm water drainage system, which is deemed critical to insuring the CYPRESS HEAD drainage system operates as originally intended. NOW, THEREFORE, the parties agree as follows: 1. INSTALLATION. TRANSEASTERN AND CYPRESS CAY hereby represent and warrant that the Culvert shall be installed in accordance with the revised Plans and Specifications prepared by Carnahan, Proctor and Associates, Inc. and approved for construction by the City of Parkland Engineering Department, a copy of the relevant portions of which is attached hereto.as Exhibit "A". CYPRESS HEAD hereby approves the proposal by TRANSEASTERN to install the Culvert in place of the existing canal as reflected by such revised Plans and Specifications. However, Transeastern and Cypress Cay are still required to obtain other permits for the construction of the Culvert, including but not limited to any permits required by the South Florida Water Management District. CYPRESS HEAD further agrees that it does not object to the 2 encroachment of the driveway for Lot 11 and a portion of the roadways of the Cypress Cay Project (as shown on the as yet unrecorded Plat thereof attached hereto as Exhibit "B") into the aforementioned drainage easement as shown on such Plat. The foregoing action by CYPRESSHEAD is not intended nor shall it be construed to indicate that CYPRESSHEAD is required to consent to any such encroachment into the aforesaid easement or that by consenting to such encroachment CYPRESSHEAD is in any fashion relinquishing its right to require CYPRESS CAY to perform its obligation hereunder to maintain the Culvert and any improvements constructed within the easement and to indemnify CYPRESSHEAD from any claim of any nature by any party or agency against CYPRESSHEAD arising from the failure of CYPRESS CAY to perform its obligations hereunder. The Declaration of Covenants and Restrictions to be executed by Transeastern for the Cypress Cay Project and recorded in the public records of Broward County, Florida shall affirmatively impose upon CYPRESS CAY the obligation for any claim by any party arising from the performance of maintenance, repair or replacement activities regarding the Culvert which may impact any improvements constructed within the drainage easement described above, whether such improvements are privately owned (by CYPRESS CAY or the owner of any lot within the Cypress Cay Project) or dedicated to the public use. 2. INSPECTIONS. CYPRESS HEAD shall have, at all time during the construction and installation of the Culvert as well as during the term of the contract, the right to have said construction and installation inspected by an engineering firm of its choosing. 3. MAINTENANCE. In consideration of the grant hereby given by CYPRESS HEAD, CYPRESS CAY, hereby agrees they shall pay as their share of the maintenance and repair of the water courses at Parkland Lakes, P.U.D. as depicted in Exhibits "1" and "2" to the Permit, a sum equal to 3.50 percent of the annual maintenance and repair expense incurred by CYPRESS HEAD for the maintenance and repair of the water courses in the Parkland Lakes, P.U.D. For example, the cost of such maintenance and repair incurred by CYPRESS HEAD in 1993 was approximately $16,000.00. Thus, CYPRESS 3 CAY'S share of such expense would have been $560.00. Said sum shall be paid on or before January 20th each year, commencing January 1, 1994. Furthermore CYPRESS CAY will be responsible for any maintenance, repairs or replacement of the Culvert, as well as any improvements constructed by any party within the easement. 4. INDEMNIFICATION. TRANSEASTERN and CYPRESS CAY hereby agree to indemnify and save CYPRESS HEAD harmless from any and all liability, loss, damage, expense, causes of actions, suits, claims or judgments, arising out of any act or omission on the part of TRANSEASTERN and CYPRESS CAY, under or in connection with this Agreement, or the performance or failure to perform, any matter required by this Agreement. TRANSEASTERN and CYPRESS CAY shall save harmless and indemnify CYPRESS HEAD against any and all claims, losses, or expenses, including, but not limited to counsel fees which CYPRESS HEAD may suffer, pay, or incur, as the result of claims or suits due to, arising out of, or in connection with any and all such damage, real or alleged, and TRANSEASTERN and CYPRESS CAY shall, upon written demand by CYPRESS HEAD, assume and defend at their sole cost and expense any and all such suits or defense of claims. The agreement of TRANSEASTERN to indemnify CYPRESS HEAD for any actions of CYPRESS CAY as set forth in this Paragraph shall be as of limited to actions of CYPRESS CAY which occur during such time TRANSEASTERN controls the Board of Directors of CYPRESS CAY. 5. DURATION. This Agreement shall inure to the benefit the property owners in the respective subdivisions of CYPRESS HEAD AT PARKLAND LAKES and CYPRESS CAY, as well as to the successors and assigns of the parties hereto, for a term of twenty- five years from date hereof, after which time said Agreement shall automatically be extended for successive periods of twenty-five years unless otherwise canceled or modified by written agreement executed by the respective Associations or their successors or assigns. 6. ATTORNEY'S FEES. In the event of any litigation arising out of this Agreement the prevailing party shall be entitled to recovery or its reasonable costs and reasonable attorney's fees. 4 IN WITNESS WHEREOF the parties have caused these presents to be executed as of the date and year first set forth above. 5 CYPRESS HEAD CLUB, By: President CYPRESS CAY HOMEOWNERS' ASSOCI•TION, C '-President TRANS TERN PROPERTIES OF SOUTH ORID C. By: v wf4/3' Vice-Pres dent' STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorizedto administer 044s/end take acknowledgements, personally appeared d1tij It .1itidrAe /d'/ , to me known to be the President of CYPRESS HEAD CLUB, INC., a Florida corporation not for profit, to me personally known, and who executed the foregoing instrument and who acknowledged before me that he executed same for the purposes therein stated on behalf of said corporation. WESS my hand and seal in the C. nt and State 57 afo esaid, this'- day of May, 1994. CMN• \ NdTAW FUELIC, s!'E t7 MOA Mel D.PURBY R,M y M:, i aw:J.i:YY i:G ma ccT. i ., SyFn" Wz44_19. NOTARY PUBLIC kGln.DM47 el Printed Notary Name My Commission Expires: F rm of Ident icati9n / 2-f.Esgit�"-�� K ISO,& .) Did: Did Not: Take an Oath STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgements, personally appeared -,-,,` tc ln0I6ofl , to me known to be the President of CYPRESS CAY HOMEOWNERS' ASSOCIATION, INC., a Florida corporation not for profit, to me personally known, and who executed the foregoing instrument and who acknowledged before me that he executed same for the purposes therein stated on behalf of said corporation. WITNESS my hand and seal in the County and State last aforesaid, this V) day of May, 1994. 6 cc ARY PUBLIC itl�'c.c31 /i d 154E n Printed Notary Name My Commission Expires: Fyyrm of Idex}tific�tion: IS lOW ` t, I.�Q— Did: Did Not: Take an Oath �"1 Nicole A Holstein otcry STATE CF FLORIDA P'� My conte, Exp8/1/94 BONDED STATE OF FLORIDA COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgements, personally appeared l.oe_ - , to me known to be the President of TRANSEASTERN PROPERTIES OF SOUTH FLORIDA, INC., to me personally known, and who executed the foregoing instrument and who acknowledged before me that he executed same for the purposes therein stated on behalf of said corporation. WITNESS my hand and seal in the County and State last aforesaid, this )D day of May, 1994. 7 40.6, a 7/ -tr-n N T Y PUBLIC Printed Notary Name My Commission Expires: Fog of Iden tificrtionq Did: Did Not: jf Take an Oath Nicole A Holstein STATE OF FLOP.IDA My Comm Expa/1/94 BONDED