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1994-25 Fox Ridge Paving and Drainage AgreementRESOLUTION NO. 94 - 25 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 FOX RIDGE PAVING AND DRAINAGE 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 an Agreement between the City of Parkland and Florida National Properties, Inc. for the purpose of providing Paving and Drainage for Fox Ridge. 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 6 DAY OF 1994. APRIL 1 SUSAN ARMSTRONG, C.M.C.,�ITY CLERK FLORIDA NATIONAL PROPERTIES, INC. 3300 UNIVERSITY DRIVE • CORAL SPRINGS, FLORIDA 33065 • TELEPHONE AREA CODE 305-752-1100 HAND DELIVERED April 18, 1994 Ms. Susan Armstrong, C.M.C. City Clerk City of Parkland 6500 Parkside Drive Parkland, Florida 33067 RE: AGREEMENT FOR CONSTRUCTION AND INSTALLATION OF PAVING AND DRAINAGE IMPROVEMENTS IN THE FOX RIDGE SUBDIVISION Dear Ms. Armstrong: Enclosed herein for your records please find one (1) fully executed original of the above referenced Agreement. Thank you for your cooperation. Sincerely, FLORIDA NATIONAL PROPERTIES, INC. 0LW44 k E. Austin White Attorney EAW:rc enclosure A SUBSIDIARY OF1'4_ PROPERTIES, INC. AGREEMENT FOR CONSTRUCTION AND INSTALLATION OF PAVING AND DRAINAGE IMPROVEMENTS FOR THE SUBDIVISION STREETS IN THE FOX RIDGE SUBDIVISION THIS AGREEMENT, made and entered into this 6 day of APRIL , 1994, 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 (hereinafter referred to as "DEVELOPER".) W ITNESSET H: 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 the Fox Ridge Plat, which included private rights-of-way, to CITY in order to subdivide the property, and such Plat has been reviewed and approved by CITY and the Broward County Board of County Commissioners; and 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 1 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 CITY within the private rights-of-way within the property, all in accordance with plans and specifications known as Job No. 93-700.51, consisting of sheets Nos. 1 through 23, inclusive, prepared by Gee and Jenson, Engineers, Architects, Planners, Inc., and CITY Land Development Permit No. 009-LDT-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"). 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 2 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 installed within independent geographic areas defined as phases (the PHASE(s)") in accordance with said phasing attached hereto and incorporated herein as Exhibit "C" ("the PHASING PLAN"). The CITY hereby approved the PHASING PLAN. The numerical designations of the PHASES are for identification only and are not intended to delineate the order of construction of the PHASES. The order of construction of the PHASES may be determined by DEVELOPER. Each PHASE shall be served by paved access to 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 3 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 DEVELOPER intends to create a Homeowners' Association in the future which 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. 11. This AGREEMENT shall be binding upon the parties hereto, their heirs, representatives, successors and assigns. 12. The 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. 4 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 Cle ATTEST: CITY OF PARKLAND By: Sal Pagliara, or el-71-a7DA NA ONAL ROPERTIES, INC. By: T\ Paul An es P. M•Gowan, Secretary 5 elo, Vice -President EXHIBIT A A portion of Sections 4 and 5, Township 48 South, Range 41 East, Broward County, Florida, described as follows: BEGINNING at the intersection of the easterly Right of Way line of Pine Island Road as described in Official Record Book 21116 at Page 554 of the Public Records of said Broward County, with the northerly Right of Way line of North Springs Improvement District S2-2 Drainage Right of Way as described in Official Record Book 16031 at Page 560 of said Public Records; thence South 90'00'00" East, along said northerly Right of Way line, a distance of 1116.86 feet to the beginning of a curve concave to the southwest having a radius of 167.50 feet; ce curve tonnsaidrlyRight anortheand southeasterly, along said a central angle of 59'23'46" ty eline, through afeet to the east line of said Sectionn5and 173.64 of west line of said Section 4; thence continue southeasterly and southerly, along said curve on the easterly Right of Way line of said North Springs Improvement District 82-2 Drainage Right of Way, through a central angle of 28'25'59", a distance of 83.12 feet to the point of reverse curvature of a curve concave to the northeast having a radius of 1548.55 feet; ce curve tonnsaideasterly Right southerly and soutWayheasterly, along said line, central angle of 11'39'14", a distance of 314.98h a feet to the point of compound curvature of a curve concave to the northeast having a radius of 25.00 feet and a central angle of 99'13'20"; thence southeasterlyand , along said curve, departing said easterly Right of Way line, a distance of 43.29 feet; thence North 66'57'11" 712.87 feet to the beginning Eofta curvetance concavof e to the southeast having a radius of 1000.00 feet and a central angle of 13'43'15"; the distance nof 239.47ce afeetly, along said curve, a thence North 80'40'26" East, a distance of 513.04 feet to the beginning of a curve concave to the southwest having a radius of 630.00 feet and a central angle of 77.00'35"; thence northeasterly, easterly and southeasterly, along said curve, a distance of 846.77 feet; thence South 22'18'59" East, a distance of 365.91 feet to the beginning of a curve concave to the northeast having a radius of 1500.00 feet and a central angle of 06'09'26"; the ce distance nof 161.20afeetly, along said curve, a Page 1 of 2 thence South 28'28'25" East, a distance of 485.05 feet to a point on a curve on the southerly Right of Way line of North Springs Improvement District S2-4 Drainage Right of Way as described in said Official Record Book 16031 at Page 560, said curve being concave to the southeast having a radius of 1971.75 feet and to said point a radial line bears North 26'35'04" West; thence southwesterly, along said curve on said southerly Right of Way line, through a central angle of 25'19'10", a distance of 871.33 feet; thence South 38'05'46" West, along said southerly Right of Way line, a distance of 341.87 feet to the beginning of a curve concave to the northwest having a radius of 3067.50 feet and a central angle of 31'27'45"; thence southwesterly, along said curve on said southerly Right of Way line, a distance of 1684.44 feet; thence South 69'33'31" West, 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 southwesterly, along said curve on said southerly Right of Way line, through a central angle of 04'29'10", a distance of 240.18 feet to said west line of Section 4 and said east line of Section 5; thence South 00'52'50" East, along said east line, non -tangent to said curve, a distance of 94.59 feet to a point on a curve on said easterly Right of Way line of Pine Island Road, said curve being concave to the southwest having a radius of 2360.00 feet and to said point a radial line bears North 78'40'11" East; thence northwesterly, along said curve on said easterly Right of Way line, through a central angle of 29'33'01", a distance of 1217.17 feet; thence North 40'52'50" West, along said easterly Right of Way line, a distance of 345.22 feet to the beginning of a curve concave to the northeast having a radius of 2240.00 feet and a central angle of 40'01'08"; ce curve tonnsaidoeasterlyrRly ightand ofoWayeli Y, along said distance of 1564.55 feet; Y line, a thence North 00'51'42" West, along said easterly Right of Way line, a distance of 590.36 feet to the POINT OF BEGINNING. Said land being in the City of Parkland, Broward County, Florida. Containing 188.360 Acres, more or less. Page 2 of 2