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1995-35 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. 4~SAL~~""".' s:::. Q · . ..' v~ ""..,.' . - Fiil: .-'...4...........,.:.~, .... ~USANARr..STRONG, C.M. ., CITY CLERK ,~/ ,'~~""~ 'f:" .~ 1- "\ \': '\ , ",r; t.:-t i}, :.rc -: """. /,"",; ...J ~ ~ \;1 :, ' .J ~_J .'- ;. - : ~ : :',-:;,:..:< ..,~;~f /"~~'" "'J ~ ;"'t ~ . .. ... . . ~." ~'...\ '.. .,,'" .~lj.i~'~j:- I.' ~=cu~:.\ ".... ~:" ..,...,.... ..."......" . ""-\.,'''''''' -.FEEITEM ' RETURN TO FRONT RECORDING CD ~ N '(..) CD -0 (i') o -4 w en ~ ~ 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. 1 AII/RC6/13/9S co ~ N W co -0 Ci) ,0 -.J c....:> 0'\ 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. 2 AIoI/RC6/13/95 CD ~ N '~ CD - - -0 en ,0 -J W -J 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 -S:..~__ C2 ~,~ n 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 # c c 'j.:;).o 0 4.J. 0 Notary Public Commission No. a:I 7"i: N W co " en ,0 -.J W CO 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&; N EXP. Yl JWl CD rc; N 'CW C'X) - -0 (i") <::) ...... W ~ 4' AW/RC6/13/95 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: co """ ,N ::.,.) CO 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: -0 C') o -.J - ... o 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: . .,,," ,1~ J'" 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~ 1<,," CD ~ N e,..) CD -0 en o , -.I '+ Page 2 of 4 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.....,,- I "\(QRA 55. PO. !lOO. ac.RJ.-.... I ' ... I \" \ \ I ... ... " \~ -- .....4.30.. , '-..-tIOlITH LM fJllU. 1/4 ../' fJI .CTIlM 4.4..41" ; / ! ; I I _......~I_:~.L._.TOHWSH/I' ''1 SDU17I, (- -. oJ. ,. ~ l~. I",a 1- ...... ~,,: ) t \ \. : ........... . ~. . "I~.,. MEADOW RUN j i.......:,::... (P.D. /$/, PG. 6, S.C.RJ.-::.'.. (/ .\1 __"n / ,,{. ~,..) _~..,.... I ,.....c.." I Of... I I " ................. I.C.II. 0.11,1, Po I, PG, INDICATES INDICATES INDICATES INDICATES @ .!!9.!. !2 !S!!:! 3 34 RANGE 4/ EASt.......- I I h I, t I . . 00' WIIIl NOIIT" ....INII -~~~..O'IIIIIHT DlITIIICT 11.4 0....11I..01 ...."1 fJI W'" '0...,..110,.. .... 110. I,C.IlI ell '" '" Ii 1= ; I~ ~ Ii I . ~ 1.= I';~ ..i It!l li!! k~ ~.i · '---.J i '" I co ~ N ~ co .4" I i -0 en o -.J +- N IIIOWAIID COUNTY RICORDS OFFICIAL RICDRD lOOK PLAT lOOK rAGE l /l t........ ...t' "'...HOLII.UG "DAD ,..UUGHIDI / 1120.00' .Iot: ..IGH1 fJI WAYI ,/ 10,",11, IGOUG, PII. '4', .ell,.......... ",,#', J," '4 POQI 3 0' 4 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' 11ll'V'.. "", ~O!tL)'":~-ft.1"'41'...J-' . Cf ~~;;:~;~~~;::~'~rt?), ,;~ i";S ~!~~. . OJ ~ N W CD -0 ~ ,0 -.J r- c..J Page 4 of 4