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1994-24 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. I" . \" j ! : f \ ~ ';'- \ . r-~ ; (, I: , . . : : ! "" ^ J 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 ~~.a ~/sI9~ 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. ~ NOT !2. SCALE -....... ............:..:.~.... ........TOWNSHIP 41' SOUTH, RANGE 4/ EASr.."m_- ....... CO.R.a. 55, PO. 500, a.c.R.).............. \ ) \ 1 \ 33{ .~ " 589044' 30"W / ......-NORTH LINE OF N.E. 1/4 ./ OF SECT ION 4.48 - 41........ 34 / / f , i _....... I ....... .J.. ........ TOWNSHIP 48 SOUTH, 4 3 ...... i ~- -<t . , "'CD z<t I , ; l!s <t '''' z z~ -to- Ju '" i~ '. ) ....-135.00' WIDE NORTH SPRINGS 'IMPROVEMENT DISTRICT 52-4 DRAINAGE RIGHT Of WAY I (O.R.B. 16031, ,G. !i60, B.C.R.) (!) z z ~ (!) l&J (D u.. o ... ~ o D.. o '" '" o ~i -C i~ ~ ~~ j: 6~ ~ 1..- ~ -~ fgle ~ ",z- 0-'" I ~ -: _CN . '" ~:.. I~z 2 '0 la. .0...% .,,0 0 iii b tl o~~ ~ :; --.:J- ... ~ .' '. '\ <t , CD . , .,. RANGE 4/ EASr:......- S 2-4_ l&J 0: U <( o o o . - ~ :l f ,. : "'" MEADOW RUN ./ i ...i::.::.:::.::" (P. 8. /5/, PG. 6, 8.c.R. J-:.::.::. 6 .....SOUTH LINE OF N.E.I/" i . . OF SECTION.. ...8-....... : S8905[3J'l_ ' ./ ~( .."0. ) -t..' .... , c."..c..' I ..~ .. , ..' , I B.C.R. O.R.B. P. B. PG. INDICATES INDICATES INDICATES INDICATES PG.22, BROWARD COUNTY RECORDS OFFICIAL RECORD BOOK PLAT BOOK PAGE Po 9 e 3 0 f 4 1;:J7i ~ .,/G/?'1' Page 4 of 4