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1994-38 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. • 1 zF v. 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 4 0 W 0 G� lgLtd st oZp� botg ti 3�N nla 53 Oa 1`) • B.C.R. 0. R. 8. P. O. PO. 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 • _ 33 ....... 0 4 3P 3 y C1SO T TH 4 ti 0 vid t 0 u / 7 8 8 9 Page 1 of 1 DEANNE1ED LANDS