HomeMy WebLinkAbout1995-35 Amendment to Developers Agmt betw FNP & Parkland for Fox Ridge Plat
95-35&910 T#OOl
08-19-95 11:58AM
RESOLUTION NO. 95 - 35
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO THE 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 detennines that it is in the best interest of the citizens to execute an
amendment to the Developer's Agreement passed by Resolution No. 94-38 on June
1, 1994 ~n 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 an amendm,nt to the Developer's Agreement between the City of
Parkland, Florida and Florida National Properties, Inc.
Section 2. This Resolution shall be in full force and effect
immediately upon passage.
PASSED AND ADOPTED THIS-llDAY OF JUNE
, 1995.
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~USANARr..STRONG, C.M. ., CITY CLERK ,~/ ,'~~""~ 'f:" .~ 1- "\ \': '\
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Resol. 95-35
AMENDMENT TO THE DEVELOPER'S AGREEMENT
BETWEEN
FLORIDA NATIONAL PROPERTIES, INC.
AND
THE CITY OF PARKLAND
FOR THE FOX RIDGE PLAT
This Amendment is made to the Developer'S Agreement for the
Fox Ridge Plat 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 June 6, 1994, FNP and CITY entered into a
Developer'S Agreement for the Fox Ridge Plat (hereinafter referred
to as "the Agreement"); and
WHEREAS, the Agreement provided, among other things, that FNP
would convey to CITY a one (1) acre site for a fire station within
the triangular parcel of land located in the CITY at the northeast
corner of the intersection of Holmberg Road and University Drive,
generally depicted on Exhibit "B" of the Agreement, said location
for the fire station site to be determined by the CITY; and
WHEREAS, CITY has not as yet determined where the permanent
fire station site should be located; and
WHEREAS, on January 18, 1995, FNP and CITY entered into the
Parkland Municipal Center Agreement, which provided, among other
things, for the right by CITY to purchase from FNP a ten (10) acre
parcel of land located in the CITY, at the northeast corner of the
intersection of Holmberg Road and University Drive, more
specifically described in Exhibit "A", attached hereto and
incorporated herein (hereinafter referred to as "the Property"), on
or before October 31, 1995; and
WHEREAS, CITY is desirous of constructing and operating a
temporary fire station site on the Property prior to designating
the site for a permanent fire station site within the Property; and
WHEREAS, FNP is willing to allow CITY to construct and operate
a temporary fire station site on the Property.
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Resol. 95-35
NOW THEREFORE, in consideration of the mutual terms,
conditions, promises 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. At such time as. CITY notifies FNP in writing that the CITY is ,
desirous of constructing and operating a temporary fire
station on the Property, FNP shall enter into a License
Agreement with CITY to allow CITY to construct and operate a
temporary fire station on the Property until such time as CITY
has designated the location of the one (1) acre site for the
permanent fire station on the Property.
CITY agrees to construct and have operational a temporary fire
station on the Property prior to the issuance of a certificate
of occupancy for any single family residence in the Fox Ridge
subdivision, except for any model home to be constructed in
the Fox Ridge subdivision. Notwithstanding, any delay by CITY
in constructing and having operational the temporary fire
station on the Property shall not preclude CITY's issuance of
building permits or certificates of occupancy for any single
family residence in the Fox Ridge subdivision. FNP shall not
be entitled to damages of any kind from CITY with regard to
any failure on the part of CITY to timely complete any of
CITY's obligations contained in this Paragraph 3. FNP's sole
remedy with regard to same is limited to specific performance.
3.
4.
After CITY has designated the location of the one (1) acre
site for the permanent fire station on the Property, and if
CITY determines to purchase the Property from FNP in
accordance with the provisions of the Parkland Municipal
Center Agreement, FNP shall relieve CITY of the obligation to
pay the sum of Forty-Five Thousand Dollars ($45,000.00) for
the purchase of one (1) acre of the total of ten (10) acres of
the Property to be purchased by CITY from FNP at such time as
the closing on the Property occurs.
5. In all other respects, the terms and conditions of the
Agreement shall remain unchanged.
6. This Amendment to the Agreement shall be recorded in the
Public Records of Broward County, Florida.
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Resol. 95-35
IN WITNESS WHEREOF, CITY and FNP have made and executed this
Amendment to 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 21 day of June ,
1995; and FNP, signing by and through its Vice-President, duly
authorized to execute the same.
Dated:
June 22, 1995
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Susan Armstrong, ~Jty Clerk
CITY
By:
Sa
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing AMENDMENT to the DEVELOPER'S AGREEMENT for the FOX
RIDGE PLAT was acknowledged before me this 22 day, of
June , 1995, 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. ~9x..::t?---7/.
Name: BELEN M. ~
(notary seal)
My Commission expires:
G~ - HELEN M.lYNOTT
.: ~~ MY COMMISSION , cc 420040
: ! EXPIRES: Femu.y 18. 1.
. ,r,I. .:' lfVIIIIId TIIIU HolIry PIlIllID ~
Dated:
James
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Notary Public Commission No.
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PROPERTIES, INC. 1'1 ~
President
3
A\URC6/13/95
Resol. 95-35
STATE OF FLORIDA )
COUNTY OF BROWARD )
The foregoing AMENDMENT to the DEVELOPER's AGREEMENT for the FOX
RIDGE PLAT was acknowledged before me this 23rd day of
June , 1995, 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.
foLu'll t'u m I u.(i~ Q
Name: V
(notary seal) CC301285
Notary Public Commission No.
My Commission Expires: 7/12/97
om fAL :ARy 5
NOTARY PATRICIA M CRAIe
co~'t<iv STATE OF FLORID.
MYco~ NO. COOl2&;
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Resol. 95-35
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 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 89.51'35" West, along said north
Right of Way line, a distance of 30.00 feet to the
POINT OF BEGINNING at 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
~ecord 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:
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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:
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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 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
07.56'00", a distance of 324.00 feet: .
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Page 1 of 4
Resol. 95-35
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
552.77 feet to the west line of said parcel of land
conveyed to North Springs Improvement District by
the warranty Deed recorded in Official Record Book
20423 at Page 88:
thence South 00.50'47" East, along said west
line, a distance of 620.00 feet to the POINT OF
BEGINNING.
said land being in the City of Parkland, Broward County,
Florida.
containing 10.000 Acres, more or less. ~J~
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Resol. 95-35
I. THIS IS NOT A SKETCH OF SURVEY.
2. .UIII.... AU IIIIUTIYI TO ITATI "-ANI cooaOINATI. AI .1lOWH ON
ITOMIt/IIIITH U.UIIVIY 0' A I'OIITIOH M TOWNIHl' 4f 10UTH.
IIAH.I 41 1A1T, ALL 0' TOWN'_ .. IOUTH. IIANlI 41 IA'T .
ALL tII TOWIll..... 4. IClU1'H. IlAHH 41 IAIT. ACCOIlD... TO THI 'U T
THIIIIOI'. UCOltDlO.. MllC&UANlOU' PLAT 10011 I AT !'All 44 0'
THI PU.LIC IIICOItO' 0' .1I0WA1I0 COUNTY. 'LOIIIOA.
-..,.."I.....,~\,~.... ..,.....TOWNSH'P 47 SOUTH. RANGE 4/ EAST.....,,-
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IIIOWAIID COUNTY RICORDS
OFFICIAL RICDRD lOOK
PLAT lOOK
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Resol. 95-35
1) N 89.51'35" W 601. 05'
2) N 05.25'33" E RADIAL BEARING
3) R= 2351.83' 0= 03.39'03" L= 149.86'
4) N 06.36'52" E 0.96'
5) N 06.36'52" E 308.05'
6) R= 2340.00' 0= 07.56'00" L= 324.00'
7) S 75.27'08" E 96.78'
8) N 89'09'13" E 552.77'
9) S 00.50'47" E 620.00'
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