HomeMy WebLinkAbout1994-24 Developers Agreement FL National Properties, Fox Ridge Plat, Including Fire Station
RESOLUTION NO. 94 - 24
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO
BDCUTE A DEVELOPER'S AGRBBMERT BETWED'lHE CITY OF
PARKLAND Alf]) FLORIDA RATIONAL PROPERTIES, INC. FOR
THE FOX RIDGE PLAT
WHEREAS, the City .Commission of the City of Parkland,
Florida finds and determines that it is in the best interest of the
citizens to execute a Developer's Agreeaent between the City of
Parkland and Florida .ational Properties, Inc. for the Fox Ridge
Plat that was approved by Resolution No. 93-38 on November 3, 1993.
NOW, THEREFORE, BE IT R'RgI\T.-
THE CITY nv."'.-
~ C2___~
SUSAR ARMSTRONG, C.M.C., CITY CLERK
t CITY COMMISSION OF
tficials are hereby
City of Parkland,
:hall be in full
\ adoption.
\PRIL
,
MAR 3121 '94 16:1214
FROM CRP REPROGRAPHICS
PAGE ,,12102
FLORIDA NATIONAL PROPERTIES, INC./CITY OF PARKLAND
DEVELOPER'S AGREEMENT FOR THE FOX RIDGE PLAT
This Agreemeni; is made between the aty of Parkland, a
Florida mun1.cipal corpora'tion, i'ts successors and assigns
(hereinafi;er referred 'to as CITY) and FLORIDA NATIONAL PROPERTIES,
INC., a Florida corpora'tion, i'ts successors, gran'tees and assigns
(hereinafter referred to as FNP);
WHEREAS, on November 3, 1993, by CITY Resolution 93-38,
CITY approved 'the petition of FNP requesting plat approval of the
Fox Ridge subdivision; and
WHEREAS, the Fox Ri.dge Plat was approved by CITY sUbject.
to, among other things, the provisions of cond1. tion 3 of
Resolution 93-38, whioh s'tates as follows:
3. A Developer's Agreement between the Petitioner and
the CITY of Parkland relat::1ng to the ded1oat:1.on by
the Developer of at least ODe (1) aore for a ~1re
station (81 te) located in the area of Univers! ty
Drive and north of Holmberg Road, shall be executed
prior to the s1gning of same by the' City Engineer.
A fire statioD is required to be completely
operational pr.1or 1:0 the issuance of a building
permit for any single family residenoe in 'the Fox
Ridge subdivision; snd
~~RBAS, on November 17, 1993, CITY and FNP entered into a
Commun~ ty Park and Option Agreement which provided,. among other
things, that FNP would convey to CITY a twenty..five (25) acre
parcel of land for use as 8 Community Park (which land is
hereinafter referred to as the "COmmuni 1:y Park"), and that FNP
- would construct a road to the northerly entrance of the Community
Park by May 17, 1995; and .
WHEREAS I FNP is willing 1:0 convey to CITY a one ( 1 ) acre
si t6 for a fire station, more specifically described in Exhibit
"A It, attaohed hereto, w1. thin a triangular parcel of land located
in CITY at the northeast corner of the intersection of HOlmberg
Road and UniverSity Drive, as generally depicted on Exhibit ?OS"
attached hereto, or at some o'ther locat1on in the CITY west of
University Drive, such location 1:0 be mutually agreeable to CITY
and FNP; and
WHE~AS, CITY has de:tenUIl9d that, as an interim measure,
CITY will construct a temporary fire station within the boundaries
of the Community Park to provide adequate fire protection service
to the future residents of CITY; and
WHEREAS, FNP is w.111i.ng to e~ped.1.te the construction of
Pine Island Road to the Community Park in order that CITY will
have access to the temporary fire s~ation.
MAR 30 '94 16:05
FROM CRP REPROGRAPHICS
PAGE.003
NOW THEREFORE, in consideration of the mutual terms,
cond~tions, premises and payments hereinafter set forth, CITY and
FNP agree as follows:
1. The statements of faot in the above WHEREAS clauses are
true and correct and are hereby incorporated into this
Agreement.
2. (a) Prior to April 30, 1996, FNP agrees to convey to
CITY marketable and insurable title to a one (1) acre site
for a fire station within the triangular parcel of land
located in CITY at the northeast corner of the intersection
of Holmberg Road and Uni versi ty Drive (see depiction on
Exhibit B), or at some other location in the City west of
University Drive, said looation to be mutually agreeable to.
CITY and FNP, at such time as CITY determines the actual
need and location for a fire station site.
(b) CITY shall have complete discretion to determine
the precise location of one (1) acre fire station site,
provided the site is located within the boundaries of the
area generally depicted in Exhibit "B~. CITY shall notify
FNP, in writing, of the precise legal description of the
parcel it has chosen (THE PROPERTY). CITY and FNP
acknowledge and agree that the property legally described
in Exhibi t ~ A" is for the purpose of the recordation of
this Agreement only, and CITY may determine to locate the
one ,(1) acre fire station site elsewhere within the
boundaries of the area generally depicted in Exhibit "B".
( c ) In the event that CITY determines that the fire
station site should be located in the western area of CITY
and not located wi tiUn the parcel of land depicted on
Exhibi t "B", FNP agrees to convey to CITY a one (1) acre
site for a fire station west of University Drive at a
location mutually acceptable to CITY and FNP.
(d) FNP shall convey marketable and insurable title to
THE PROPERTY to C:tTY by statutory Warranty Deed within
sixty ( 60) days of receipt of said written notice fro...
CITY.
(e) FNP agrees to furnish to CITY, ten (10) days before
de1~very of the' deed, a title opinion from a licensed
Florida attorney, representing to the CITY that FNP has and
is transferring marketable and insurable title to CITY to
THE PROPERTY, subjeot only to (i) liens, encumbrances,
exceptions or qual~fications set forth in this Agreement,
and (il) reservations, restriotions and easements of
record, except those which shall be discharged by FNP at or
before closing. In the event of any reservations in favor
of any state agency, such reservations sha!.!. not render
title unmarketable. Marketable title shall be determined
.~
~
Page 2
MRR 30 '94 16:05
FROM CRP REPROGRAPHICS
PRGE.l2.104
according to the applicable Title Standards adopted from
time to time by The Florida Bar and in accordance with law.
CITY shall have ten ( 10) days to review the said ti tie
op:i.nion and inform FNP if the opinion fai1.s to evidence
that FNP can transfer marketab1.e and insurable title. FNP
shall then have thirty (30) days to cure any defects.
(f) Ten (10) days prior to the date set for delivery of
the deed, FNP shall obtain from the Secretary of State of
the state of incorporation, a certificate certifying that
FNP is an active corporation and in good standi.ng, and a
copy thereof shal.1 be furnished to CITY, together with a
statement that all real estate taxes and special
assessments on the property to be conveyed have been
satisfied.
3. CITY agrees to construct, and have operational, a
temporary fire station, to be located within the Community Park,
to provide fire protection services to the residents of 'the
westernmost areas of CITY prior to issuance of a Certifioate of
Occupancy for any single family residenoe in the Fox Ridge
subdivision, except for any model homes to be construoted in the
Fox Ridge subdivision.
4. FNP agrees
Road to the northerly
CITY will have access
1995.
to complete the construction of Pine Island
entrance of the Community Park in ord~r that
to the temporary fire station by January 31,
..
5. CITY and FNP agree that this. Agreement satisfies
condition 3 of CITY Resolution 93-38 approving the plat of the Fox
Ridge subdivision.
6. For purposes of this Agreement, all notices shall be
sent oertified, return receipt requested, to the following address
(unless notice is provided otherwise by either party):
AS TO CITY:
City Manager
City of Parkland
6500 Parkside .Drive
Parkland, Florida 33067
. . ,..-
AS TO FNP:
President, FNP
3300 University Drive
Coral Springs, Florida 33065
7. In the event a cu.spute shall arise between the parties
hereto in connection with -any part of this Agreement leading to
li tigat10n in a Court of competent jurisdiction, the prevailing
party shall be entitled to attorney's fees, both at the trial and
appellate level.
8. This Agreement shall be recorded in the Public Reoords
of Broward County, Florida.
Page 3
MH~ ~~ '~4 16:06
FROM CRP R~PROG~APHtCS
PAGE.005
IN WITNESS WHEREOF, CITY and FNP have made and executed
thj,s Agreement on the respecti.ve dates set forth below; CITY
Signing by and through j,ts Mayor, authorized to execute the same
by Ci1:y Commission action on the day of , 1994;
and FNP, signing by and through its Vice-President:, duly
authorized to execute the same.
CITY OF PARKLAND
Dated:
By:
Sa1 Paglj,ara, Mayor
ATTEST:
Susan Armstrong, City Clerk
STATE OF FLORIDA )
COUNTY OF BROWARD)
The foregoing DEVELOPER'S AGREEMEN'l' FOR THE FOX lUDGE PLAT was
aoknowledged before me this ~ day of , 1994, by
SAL PAGLIARA and SUSAN ARMSTRONG, Mayor and C:i.1;y Cl.erk,
respectively, of the CITY OF PARKLAND, a municipal corporation of
the State of Florida, on behalf of the CITY. They are personally
known to me.
Name:
(notary sea~)
My commission expires:
Notary Public COmmission No.
FLORIDA NATIONAL PROPERTIES, INC.
Dated:
ATTEST:
By:
Paul Angelo, Vice President
James P. McGowan, Secretary
STATE OF FLORIDA )
COUNTY OF aaOWARD)
The foregoing DEVBLOPER' S AGREEMENT FOR THE FOX RIDGE PLAT
was acknowledged before me this day of , 1994,
by PAUL ANGELO and JAMES P. -McGOWAN, V:i.oe Presi.dent and Secretary,
respec1:ively of FLORIDA NATIONAL PROPERTIES, INC., a Florida
corporation, on behalf of the oorporation. They are persona1~y
known to me.
. . .-."
Name
(notary seal)
My commission expires:
Notary Public Commission No.
Page 4
F LOR I DAN A T ION ALP R 0 PER TIE S, INC.
3300 UNIVERSITY DRIVE · CORAL SPRINGS. FLORIDA 33065 . TELEPHONE AREA CODE 305-752-1100
HAND DELIVERED
April 6, 1994
Mr. Harry J. Mertz, City Manager
City of Parkland
6500 Parkside Drive
Parkland, Florida 33067
RE: FLORIDA NATIONAL PROPERTIES, INC./CITY OF PARKLAND
DEVELOPER'S AGREEMENT FOR THE FOX RIDGE PLAT
Dear Harry:
Enclosed herewith for review by the City Engineer please find
Exhibit "A" of the above referenced Agreement, which will be
considered by the City Commission on tonight's Agenda.
If you need any additional information, please feel free to call at
any time.
Thank you for your cooperation.
Sincerely,
~Iaw \~Rl:RTIES.
E. Austin Wh~~~
Attorney
INC.
EAW:rc
enclosure
. r. try
A SUBSIDIARY OF k~ PROPERTIES. INC.
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A portion of the Northeast Quarter (NE 1/4) of Section
4, Township 48 South, Range 41 East, Broward County, Florida,
described as follows:
Commencing at the southeast corner of said
Northeast Quarter (NE 1/4);
thence North 00050'47" West (Bearings are
relative to state Plane Coordinates as shown on
STONER/KEITH RESURVEY OF A PORTION OF TOWNSHIP 47
SOUTH, RANGE 41 EAST, ALL OF TOWNSHIP 48 SOUTH,
RANGE 41 EAST, & ALL OF TOWNSHIP 49 SOUTH, RANGE 41
EAST, according to the plat thereof, recorded in
Miscellaneous Plat Book 3 at Page 44 of the Public
Records of said Broward County), along the east
line of said Northeast Quarter (NE 1/4), a distance
of 50.01 feet to the north Right of Way line of
Holmberg Road as described in Official Record Book
1378 at Page 586 of said Public Records;
thence North 89051'35" West, along said north
Right of Way line, a distance of 30.00 feet to the
southwest corner of that parcel of land conveyed to
North Springs Improvement District by the Warranty
Deed recorded in Official Record Book 20423 at Page
88 of said Public Records;
thence continue North 89051'35" West, along
said north Right of Way line, a distance of 601.05
feet to a point on a northerly Right of Way line of
Holmberg Road (Realigned) as described in Official
Record Book 16006 at Page 545 of said Public
Records at the beginning of a non-tangent curve
concave to the southwest having a radius of 2351.83
feet and to said point a radial line bears North
05025'33" East;
thence northwesterly and westerly, along said
curve on said northerly Right of Way line, through
a central angle of 03039'03", a distance of 149.86
feet to an easterly line of THE LANDINGS OF
PARKLAND, according to the plat thereof, as
recorded in Plat Book 137 at Page 22 of said Public
Records;
thence North 06036'52" East, non-tangent to
said. curve, along said easterly line, a distance of
0.96 feet to the most northeasterly corner of said
THE LANDINGS OF PARKLAND at the southeast corner of
MEADOW RUN, according to the plat thereof, as
recorded in Plat Book 151 at Page 6 of said"public
Records; ,
thence continue North 06.36'52" East, along
the easterly line of said MEADOW RUN, a distance of
308.05 feet to the beginning of a curve ,qoncave to
the southeast having a radius of 2340.00 fe~t;
thence northeasterly, along said curve
easterly line, through a central angle of
03.24'49", a distance of 139.42 feet to the
OF BEGINNING;
. .,
on said
POINT
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Page 1 of 4
thence continue northeasterly, along said
curve on said easterly line, through a central
angle of 04.31'11", a distance of 184.58 feet;
thence South 75.27'08" East, departing said
easterly line, radial to said curve, a distance of
96.78 feet;
thence North 89009'13" East, a distance of
123.63 feet;
thence South 00050'47" East, a distance of
180.00 feet;
thence South 89009'13" West, a distance of
123.63 feet;
thence North 79.58'19" West, a distance of
137.72 feet to the POINT OF BEGINNING.
Said land being in the City of Parkland, Broward County,
Florida.
Containing 1.000 Acres, more or less.
I?~~
#f1,;/9Y
Page 2 of 4
.. THIS IS NOT A SKETCH OF SURVEY.
2. BURINGS ARE RELATIVE TO STATE PLANE COORDINATES AS SHOWN ON
STONER/ICEITH RESURVEY OF A PORTION OF TOWNSHIP 47 SOUTH.
RANGE 41 EAST, ALL OF TOWNSHIP 48 SOUTH, RANGE 41 EAST II
ALL OF TOWNSHIP 4. SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT
THEREOF. RECORDED IN MISCELLANEOUS PLAT lOOK 3 AT PAGE 44 OF
THE PUILIC RECORDS OF 8ROWARD COUNTY, FLORIDA.
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BROWARD COUNTY RECORDS
OFFICIAL RECORD BOOK
PLAT BOOK
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Page 4 of 4