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1994-61 Amendment to Community Park & Option Agmt (Ord 1993-18) Florida National Properties & ParklandRESOLUTION NO. 94 - 61 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE COMMUNITY PARK AND OPTION AGREEMENT (ORDINANCE NO. 93-18) BETWEEN THE CITY OF PARKLAND AND FLORIDA NATIONAL PROPERTIES 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 Amendment to the Community Park and Option Agreement passed by Ordinance No. 93-18 between the City of Parkland and Florida National Properties, Inc. attached hereto and made a part thereof; 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 Amendment to the Community Park and Option Agreement between the City of Parkland, Florida and Florida National Properties, Inc.. Section 2 This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 13 DAY OF DECEMBER , 1994. SUSAN ARMSTRONG, C. ITY CLERK City of Parkland 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 January 6, 1995 Mr. E. Austin White Senior Counsel Florida National Properties, Inc. 3300 University Drive Coral Springs, Florida 33065 RE: AMENDMENT TO COMMUNITY PARK and OPTION AGREEMENT Dear Mr. White: Attached is one (1) property executed original of the above referenced Agreement which was approved by the Parkland City Commission on December 13, 1994. I have retained one (1) original for my records. Very truly yours, Susan Armstrong, C.M.C. City Clerk Attachment FLORIDA NATIONAL PROPERTIES, INC. 3300 UNIVERSITY DRIVE • CORAL SPRINGS, FLORIDA 33065 • TELEPHONE AREA CODE 305-752-1100 HAND DELIVERED December 16, 1994 Ms. Susan Armstrong, City Clerk City of Parkland 6500 Parkside Drive Parkland, Florida 33067 Post -it" Fax Note 7671 Date glee , To A-01; a From 9d.t.L Co/Dept. / .0.044:3-4 Co. Phone # Phone # Fax # 8) — ii f 0 Fax Fax # 3 `f 1 .476, ( RE: AMENDMENT TO COMMUNITY PARK and OPTION AGREEMENT Dear Ms. Armstrong: Enclosed herewith please find two (2) originals of the above - referenced Agreement, which was approved by the City Commission on December 13, 1994, as executed by the appropriate Officers of Florida National Properties, Inc. (FNP). After the Agreement has been executed by the City, please return one original to me for my records. Thank you for your cooperation in this matter. Sincerely, FLORIDA NA`IONA PRO'ERTIES, INC. La& E. Austin White Senior Counsel EAW:rc enclosure A SUBSIDIARY OFE PROPERTIES, INC. AMENDMENT TO COMMUNITY PARR and OPTION AGREEMENT This is an Amendment to the Agreement between the CITY OF PARKLAND, a 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"), dated December 15, 1993 (hereinafter referred to as "the Agreement"). WHEREAS, pursuant to Paragraph 5. of the Agreement, FNP has the obligation to cause a four (4) lane divided road to be constructed from Holmberg Road to the most northerly entrance to the twenty-five acre Community Park parcel (as designated by CITY); and WHEREAS, pursuant to Paragraph 5. of the Agreement, FNP has commenced construction of the road to the Community Park parcel; and WHEREAS, CITY has not as yet designated the northerly entrance to the Community Park parcel; and WHEREAS, CITY has not as yet commenced the development of the Community Park parcel; and WHEREAS, CITY and FNP have determined that it is not necessary at this time for FNP to construct a four (4) lane divided road to the northerly entrance to the Community Park. NOW THEREFORE, in consideration of the mutual terms, conditions, promises and payments hereinafter set forth, CITY and FNP agree as follows: Page 1 of 4 1. Paragraph 5. of the Agreement shall be amended as follows: 5. FNP shall take all necessary actions to cause a four (4) lane divided road, including a landscaped median (with irrigation system), and water and sewer utilities, to be constructed from Holmberg Road to the most northerly entrance (as designated by CITY, in writing to FNP) to the twenty-five (25) acre Community Park parcel on Pine Island Road. Initially, FNP shall construct such four (4) lane divided road from Holmberg Road to a point two hundred feet (200') north of the entrance to the Fox Ridge development on Pine Island Road, and will construct a two (2) lane rural highway (without a sidewalk) from that point to the most northerly entrance to the Community Park parcel (as designated by CITY). The initial road construction to the most northerly entrance (as designated by CITY) to the twenty-five (25) acre Community Park parcel shall be completed within eighteen (18) months from the effective date of this Agreement. Concurrent with the construction of the four (4) lane divided road, FNP shall construct a sidewalk on the east side of Pine Island Road from Holmberg Road to the most northerly entrance (as designated by CITY) to the twenty- five (25) acre Community Park parcel. After a plan of development for the twenty-five (25) acre Community Park parcel has been approved by CITY's Commission, and after Page 2 of 4 CITY has designated the northerly entrance to the Community Park parcel, then at such time as CITY reasonably determines that a four (4) lane divided road, including a landscaped median, is required to provide safe and adequate access to the Community Park, FNP shall construct such four (4) lane divided road from the point two hundred feet (200') north of the Fox Ridge development to the most northerly entrance (as designated by CITY) to the twenty-five (25) acre Community Park parcel. CITY shall notify FNP in writing of such determination. FNP shall commence the construction of such four (4) lane divided road and the sidewalk from the point two hundred feet (200') north of the Fox Ridge development to the most northerly entrance (as designated by CITY) to the twenty- five (25) acre Community Park parcel within one hundred eighty (180) days of FNP's receipt of CITY's written notification that such road is required, and FNP shall complete the construction of such four (4) lane divided road and the sidewalk within one (1) year of FNP's receipt of such written notification from CITY. 2. In all other respects, the Agreement shall remain unchanged. Page 3 of 4 DATED: /o2// _3/9'V ATTEST: Susan Armstrong, City DATED: 12'' 1s'04. AT EST: CITY OF PARKLAND / By: Sal -agl ara, Ma Jame P. Mc owan, Secretary TIONAL OPERTIES, INC. NJ3 i Pau J. A g: Vice President Page 4 of 4