HomeMy WebLinkAbout1994-38 Resolution Adopting Fox Ridge Plat (Fire Station) Supercedes R1994-24-see R1995-35 Amendment to AgmtRESOLUTION NO. 94 - 38
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO
EXECUTE A DEVELOPER'S AGREEMENT BETWEEN THE CITY OF
PARKLAND AND FLORIDA NATIONAL 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 Agreement between the City of
Parkland and Florida National Properties, Inc. for the Fox Ridge
Plat that was approved by Resolution No. 93-38 on November 3, 1993.
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 a Developer's Agreement between the City of
Parkland, Florida and Florida National Properties, Inc
Section 2. This Resolution supercedes Resolution No.
94-24 and takes effect immediately upon passage.
PASSED AND ADOPTED THIS 1ST DAY OF JUNE
1994.
SUSAN ARMSTRONG, C.M.C. CITY CLERK
SAL P GLIARA, MAO
FLORIDA NATIONAL PROPERTIES, INC./CITY OF PARKLAND
DEVELOPER'S AGREEMENT FOR THE FOX RIDGE PLAT
This Agreement is made between the CITY OF PARKLAND, a Florida
municipal corporation, its successors and assigns (hereinafter
referred to as CITY) and FLORIDA NATIONAL PROPERTIES, INC., a
Florida corporation, its successors, grantees 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 Ridge Plat was approved by CITY subject to,
among other things, the provisions of condition 3 of Resolution 93-
38, which states as follows:
3. A Developer's Agreement between the Petitioner and
the City of Parkland relating to the dedication by
the Developer of at least one (1) acre for a fire
station (site) located in the area of University
Drive and north of Holmberg Road, shall be executed
prior to the signing of same by the City Engineer.
A fire station is required to be completely
operational prior to the issuance of a building
permit for any single family residence in the Fox
Ridge subdivision; and
WHEREAS, on November 17, 1993, CITY and FNP entered into a
Community Park and Option Agreement, which is incorporated herein
by reference, which provided, among other things, that FNP would
convey to CITY a twenty-five (25) acre parcel of land for use as
a Community Park (which land is hereinafter referred to as "the
Community Park"), and that FNP would construct a road to the
northerly entrance of the Community Park by May 17, 1995; and
WHEREAS, FNP is willing to convey to CITY a one (1) acre site
for a fire station, more specifically described in Exhibit "A",
attached hereto, within 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 "B" attached
hereto; and
WHEREAS, alternatively, in the event that lands west of Pine
Island Road, as generally depicted in Exhibit "C", are annexed into
the CITY, FNP is willing to convey to CITY a one (1) acre site
adjacent to the Community Park for a fire station, said site to
line up with a future median cut, in lieu of the site generally
depicted on Exhibit "B"; and
Page 1 of 6
WHEREAS, CITY has determined 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 willing to expedite the construction of Pine
Island Road to the Community Park in order that CITY will have
access to the temporary fire station.
NOW THEREFORE, in consideration of the mutual terms,
conditions, premises and payments hereinafter set forth, CITY and
FNP agree as follows:
1. The statements of fact 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 University Drive (see depiction on Exhibit B), at
such time as CITY determines the precise location therein for
a fire station site.
(b) CITY shall have complete discretion to determine the
precise location of the 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). After CITY and FNP have determined the
precise legal description of THE PROPERTY, FNP agrees to
construct that portion of University Drive north of Holmberg
Road as a two (2) lane rural highway to THE PROPERTY, to a
future median cut location on University Drive north of
Holmberg Road, in order that CITY shall have access to THE
PROPERTY.
(c) CITY and FNP acknowledge and agree that the property
legally described in Exhibit "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".
(d) In the event that the lands generally depicted in
Exhibit "C" are annexed into the CITY prior to April 30, 1996,
FNP agrees to convey to CITY, at the request of CITY, a one
(1) acre site for a fire station at a location adjacent to the
Community Park in lieu of the one (1) acre site in the area
generally depicted in Exhibit "B", said location to be at
CITY's discretion, and to line up with a future median cut.
Page 2 of 6
(e) FNP shall convey marketable and insurable title to THE
PROPERTY to CITY by statutory Warranty Deed within sixty (60)
days of receipt of said written notice from CITY.
(f) FNP agrees to furnish to CITY, ten (10) days before
delivery of the deed, a title opinion from a licensed Florida
attorney, representing to CITY that FNP has and is
transferring marketable and insurable title to CITY to THE
PROPERTY, subject only to (i) liens, encumbrances, exceptions
or qualifications set forth in this Agreement, and (ii)
reservations, restrictions 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 shall not render title unmarketable.
Marketable title shall be determined 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 title opinion and inform FNP if
the opinion fails to evidence that FNP can transfer marketable
and insurable title. FNP shall then have thirty (30) days to
cure any defects.
(g) 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 standing, and a copy thereof
shall 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 Certificate of
Occupancy for any single family residence in the Fox Ridge
subdivision, except for any model homes to be constructed in the
Fox Ridge subdivision.
4. At such time as CITY notifies FNP in writing that CITY is
ready to commence construction of the temporary fire station in the
Community Park, FNP shall construct Pine Island Road from Westview
Drive to the temporary fire station site as a two (2) lane rural
highway in order that CITY shall have access to the temporary fire
station site. Notwithstanding, FNP agrees to complete the
construction of Pine Island Road to the northerly entrance of the
Community Park in accordance with the Community Park and Option
Agreement by May 17, 1995.
5. FNP agrees not to
contained in the Warranty Deed
Park, which Warranty Deed is
21776, at Page 0453, so long
enforce the restrictive covenant
from FNP to CITY for the Community
recorded in Official Records Book
as CITY operates a temporary fire
Page 3 of 6
station in the Community Park; in no event, however, shall CITY
operate the temporary fire station in the Community Park afters
December 31, 2005. In the event that CITY determines that the
temporary fire station site in the Community Park is suitable for
a permanent fire station, FNP agrees to cooperate with CITY to
release the aforesaid restrictive covenant in order that CITY can
locate a permanent fire station at the one (1) acre temporary fire
station site in the Community Park. If CITY locates a permanent
fire station at the temporary fire station site in the Community
Park, FNP shall relieve CITY of the obligation to pay $55,000.00
per acre for the purchase of one (1) acre of property within Option
Parcel One, if CITY determines to exercise said option on Option
Parcel One as provided in the Community Park and Option Agreement;
alternatively, if the CITY determines not to exercise the option to
purchase Option Parcel One, and the permanent fire station is
located within the Community Park, FNP's park and open space impact
fee credit for the conveyance of the Community Park to CITY, as set
forth in Paragraph 4. of the Community Park and Option Agreement,
shall be reduced by one (1) acre.
6. CITY and FNP agree that this Agreement satisfies condition
3 of CITY Resolution 93-38 approving the plat of the Fox Ridge
subdivision.
7. The time, or times, of performance specified in this
Agreement are of the essence. Any delay will be excused only if
such delay is due to strike, fire, flood, windstorm, riot, act of
God, act of a public enemy, or other unforeseeable cause beyond the
reasonable control of either party to this Agreement.
Notwithstanding, any delay by CITY in constructing the temporary
fire station in the Community Park shall not preclude CITY's
issuance of building permits or certificates of occupancy for any
single family residence in the Fox Ridge subdivision.
8. For purposes of this Agreement, all notices shall be sent
certified, 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
9. In the event a dispute shall arise between the parties
hereto in connection with any part of this Agreement leading to
litigation in a Court of competent jurisdiction, the prevailing
party shall be entitled to attorney's fees, both at the trial and
Page 4 of 6
appellate level.
10. This Agreement shall be recorded in the Public Records of
Broward County, Florida.
IN WITNESS WHEREOF, CITY and FNP have made and executed this
Agreement on the respective dates set forth below; CITY signing by
and through its Mayor, authorized to execute the same by City
Commission action on the 1st day of JUNE , 1994; and
FNP, signing by and through its Vice -President, duly authorized to
executethe same.
By:
Dated: / � /995/
Susan Armstrong, City C1=rk
STATE OF FLORIDA
COUNTY OF BROWARD
CITY OF PARKL
aI✓ Paglr Mayor
The foregoing DEVELOPER'S AGREEMENT FOR THE FOX RIDGE PLAT was
acknowledged before me this 1 day of JUNE , 1994, by
SAL PAGLIARA and SUSAN ARMSTRONG, Mayor and City Clerk,
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.
(notary seal)
NOTARY PU!.IC. STATE OF FLORIDA
MY C'.7:'a•D; •:1C,N EX 1i:E5: Feb. IS, 1995.
BOYDF.D TIjS IJ NG:AaY PLIC UNDERWRITERS.,
Dated: June 6, 1994
am=s P. cGowan, = etary
Name: HELEN M. LYN6TT
CC075539
Notary Public Commission No.
ONAL OPERTIES, INC ma
o, Vice)President
Page 5 of 6
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing DEVELOPER'S AGREEMENT FOR THE FOX RIDGE PLAT was
acknowledged before me this 6th day of June , 1994, by
PAUL ANGELO and JAMES P. McGOWAN, Vice President and Secretary,
respectively of FLORIDA NATIONAL PROPERTIES, INC., a Florida
corporation, on behalf of the corporation. They are personally
known to me.
r u:t. ! )1 Ltcic
Name J
(notary seal)
My commission expires:
July 12, 1997
OFFICIAL NOTARY SEAL
PATRICIA M CRAIG
NOTARY PUBLIC STATE OF FLORID
COMMISSION NO. CC301285
MY COMMISSION EXP. ULY 12,1997
CC301285
Notary Public Commission No.
Page 6 of 6
EXHIBIT A
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 00'50'47" 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 QuarterNE 1/4),
of 50.01 feet to the north Right of Waline eiofance
Holmberg Road as described in Official Record Book
1378 at Page 586 of said Public Records;
thence North 89.51.35" 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 89.51'35" 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
05.25'33" East;
thence northwesterly and westerly, along said
curve on said northerly Right of Way line, through
a central angle of 03'39'03", 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 06'36'52" 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,
the easterly line of said MEADOW RUN, a distance of
308.05 feet to the beginning of a curve concave to
the southeast having a radius of 2340.00 feet;
thence northeasterly, along said curve on said
easterly line, through a central angle of
03'24'49", a distance of 139.42 feet to the POINT
OF BEGINNING;
Page 1 of 4
1) N 89'51'35" W 601.05'
2) N 05'25'33" E RADIAL BEARING
3) R= 2351.83' D= 03'39'03"
4) N 06'36'52" E 0.96'
5) N 06'36'52" E 308.05'
6) R= 2340.00' D= 03'24'49"
7) R= 2340.00' D= ►4'31'11"
8) S 75'27'08" E 96.78'
9) N 89'09'13" E 123.63'
10) S 00'50'47" E 180.00'
11) S 89'09'13" W 123.63'
12) N 79'58'19" W 137.72'
Page 4 of 4
L= 149.86'
L= 139.42'
L= 184.58'
RAS
1. THIS 18 NOT A SKETCH OF SURVEY.
2. 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 49 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 BROWARD COUNTY, FLORIDA.
•
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NOT TO SCALE
TOWNSH/P 47 SOUTH, NAME 41 E4ST•".—.-
10.R.5. 55, P0. 500, 9.C.R.1•"••••••....
%
\ 359°41'30"w /
r `••'-NORTH LINE OF N.E. 1/4
OF SECTION 4.41.41....
1
TOWNSH/P 48 .SOUTH, RANGE 41 EAST
.»..-135.00' WIDE NORTH SPRINGS
IMPROVEMENT DISTRICT 82.4
DRAINAGE RIGHT OF WAY
10.1.0. 16031, PG. 660, S.C.R.1
33 34
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MEADOW R VIII
1 ...:,- (P. B. /51, PG. 6, .0 ;
"SOUTH LINE OF 14.8.1/4
• Liv SECTION 4.411.gil• ..
S6 °•1135"E_ .
...» ....
THE LANDINGS Or PARKLAND"�
%tR B. 137, PC. 22, B.C. R. b...
INDICATES BROWARD COUNTY RECORDS
INDICATES OFFICIAL RECORD 800K
INDICATES PLAT BOOK
INDICATES PAGE
Pogo 3 of 4
•
*••HOLMBERO 11040 (REALIGNED)
1120.00' WIDE RIGHT OF WAY)
10.1.8. 11006, PO. 545, S.C.R. )........1
;NOLMIER6 ROAD
I loo.00' R.ow.)
:lows. Isms. Ps. sop
= s.c.R.)
N 89°31'"
3s w•••
30.00'
EXHIBITB I
Page 1 of 1
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 89.09'13" East, a distance of
123.63 feet;
thence South 00.50'47" East, a distance of
180.00 feet;
thence South 89.09'13" 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.
Page 2 of 4
30
EXHIBIT C
30 P9P9�BB
PALM BEACH COU TY
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33
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Page 1 of 1
DEANNE1ED
LANDS