HomeMy WebLinkAbout1996-31 Security for Road Improvements Parkland Municipal Center Plat
-
RESOLUTION NO. 96 - 31
0-
,..
<
~ 1 ~
~ ~ il
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF PARKLAND, FLORIDA, TO SERVE AS SECURITY
FOR THE IMPROVEMENTS PROVIDED FOR IN THE
AGREEMENT BETWEEN BROWARD COUNTY AND THE
CITY OF PARKLAND FOR PHASING THE INSTALLATION
OF REQUIRED ROAD IMPROVEMENTS AND TRAFFIC
SIGNALIZATION RELATING TO THE PARKLAND
MUNICIPAL CENTER PLAT; CONTAINING AN
EFFECTIVE DATE.
WHEREAS, the Parkland Municipal Center Plat (The Plat) was approved by the Board
of County Commissioners of Broward County on August 6, 1996; and
WHEREAS, the approval of The Plat was conditioned upon entering into a phasing
agreement with Broward County for the installation of required road improvements relating to The
Plat; and
WHEREAS, said agreement would normally require the owner to provide security for
compliance with the phasing agreement; and
WHEREAS, because of the City's status as a municipality, Broward County has agreed to
accept the Resolution of the City of Parkland as security for compliance with the phasing agreement
and the traffic signalization agreement (both of which are attached hereto);
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF PARKLAND, FLORIDA AS FOLLOWS:
Section 1. The City Commission of the City of Parkland does hereby approve the
attached agreement and traffic signalization agreement between Broward County and the City of
Parkland for phasing the installation of required improvements related to the Municipal Center Plat
and the installation of traffic signalization.
Section 2. The City of Parkland does hereby agree to be bound by the covenants and
requirements of the phasing agreement attached hereto and comply with all provisions required
therein.
Section 3. The City of Parkland shall reserve sufficient funds for accomplishing all
requirements as set forth in the attached phasing agreement in the amount of J' '0 ~ J 1.r.,oso that at
the appropriate time it will be financially capable of complying with each and every requirement of
the phasing agreement and shall reserve $17,500 as security for performance of the traffic
signalization agreement.
Section 4. The City of Parkland shall take all other necessary measures with regard to
budgeting as to assure Broward County of its intent and ability to comply with the attached phasing
agreement and the requirements as contained therein.
Section 5. The City of Parkland does hereby declare that this Resolution shall serve as
security for compliance with the agreement between Broward County and the City of Parkland for
phasing the installation of required road improvements relating to the Parkland Municipal Center
Plat as attached hereto.
Section 6.
This Resolution shall become effective upon adoption.
PASSED AND ADOPTED THIS 4th DAY OF SEPTEMBER
, 1996.
CITY OF PARKLAND, FLORIDA
SAL~~~
ATTESTED:
,\:...~ ~
SUSAN ARMSTRONG, C.M.C.^'
CITY CLERK
10/11/96
If ..,
~. .;
AGREEMENT
Between
97-193605 T#001
04-16-97 03:45PM
BROWARD COUNTY
And
CITY OF PARKLAND
For
PHASING ~HE INSTALLATION OF REQUIRED
ROAD IMPROVEMENTS RELATING TO
PARKLAND MUNICIPAL CENTER PLAT
This is an Agreement between BROW ARD COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY", through its Board of County Commissioners,
AND
CITY OF PARKLAND, a Florida municipal corporation, hereinafter referred to as "CITY",
through its City Council,
, WITNESSETH
WHEREAS, CITY's Plat, known as The Parkland Municipal Center, hereinafter referred to
as the "PLAT", was approved by the Board of County Commissioners ofBroward County on August
6, 1996, and is described in Exhibit "A", attached hereto and incorporated herein; and
WHEREAS, the PLAT was approved subject to certain conditions to ensure the protection
of the public health and safety, and one of the conditions imposed at the time of PLAT approval was
the construction of certain road improvements;
NOW THEREFORE, in consideration of the mutual terms, conditions, promises, and
payments hereinafter set forth, COUNTY and CITY agree as follows:
1. INSTALLATION OF REOUIRED IMPROVEMENTS
a. CiTY agrees that CITY shall construct the road improvements described in Exhibit
liB II attached hereto, hereinafter referred to as lithe Improvements", Said Improvements shall be
constructed in accordance with the schedule set out in Exhibit liB II ,
~
FEE ITEM
RETURN TO
FRONT RECORDING
"'~proved BCC ~. -9?~~
Submitted By
RETURN TO DOCUMENT CONTROL
/P/j':, ( -
- .(lb-,L J S
0:
""
f':
a
"
\J:
c...:
-c
G':
c:
"
u:::
fj)
^-
, b, The Improvements described in Exhibit "BII shall be installed in accordance with
applicable COUNfY, State of Florida Department of Transportation standards and specifications and
in accordance with the Development Review Report for the PLAT. The construction plans for the
Improvements, including pavement marking and signing plans, shall be submitted to COUNTY for
review and approval prior to commencement of construction. Construction shall be subject to
inspection and approval by COUNTY. Pavement marking and signing shall beproviged for all of the
Improvements an4 shall be subject to review, field inspections and final approval by the Broward
County Traffic EngiQeering Division consistent with the previously approved plans.
2, CITY understands and agrees that it is CITY's responsibility to complete the Improvements
described in Exhibit "B" and that all costs relating to the installation of the Improvements will be
borne by the CITY,
3. SECURITY AND DEFAULT
a, CITY shall provide the COUNTY with a certified City Resolution, as security for the
improvements, prior to the recordation of the PLAT, which is acceptable to the COUNTY and which
guarantees the CITY's perfonnance of t~, construction ligations set forth in this Agre'ement. The
estimated cost of the improvement is 07 0, ,
b, CITY agrees not to obtain a certificate of occupancy prior to completion of the
applicable improvements in accordance with the schedule set out in Exhibit "B",
CITY agrees that this Agreement shall be recorded in the Official Records of Broward
County, Florida, against the property described in Exhibit "A" to put subseque~t purchasers, grantees,
heirs, successors and assigns of any interest in such property on notice of the obligati~ns set forth
herein, which shall run with the property until fully perfonned. However, the amount set forth in
'paragraph 3(a) above shall not constitute a lien on the property unless and until the provisions of
paragraph 3(f) are activated by the recording of a "Notice of Lien for Required Offsite
Improvements" .
c. In the event the CITY's security for the improvements is disaffirmed or cancelled,
COUNTY shall send notice to CITY according to the notice provisions of this Agreement and CITY
shall have four (4) months from the date of such notice to provide substitute security in a form
acceptable to COUNTY. If CITY fails to provide acceptable substitute security, then COUNTY may
record a document entitled "Notice of Lien for Required Offsite Improvements" which shall constitute
a lien on the property described in Exhibit "A" for the amount set forth in paragraph 3(a), or stated
portion thereof. To the extent that the failed security is attributable to an identified par~el or portion
of the PLAT, the Notice of Lien for Required Offsite Improvements may be recorded against and
apply only to such parcel or portion of the PLAT.
2
:PAcr 05.1
- - ...,(~.
l:
,.
,...
C
l'
\!
c..,
.,
G"
C
f\.
U
"
4, CITY agrees that the construction contract(s) for the Improvements shall include the .
following:
a, Indemnify and save harmless the COUNTY, the Board of County Commissioners of
Broward County, and the State of Florida, its agents and employees, from or on account of any
injuries or damages received or sustained by any person or persons during or on account of any
operations connected with the construction of the Improvements; or by use of any improper materials
or by or on account of an act or omission of the said contractor, subcontractor, agents, or servants
or employees,
b, Worker's Compensation Insurance to apply for all employees in compliance with the
"Worker's Compensation Law" of the State of Florida and all applicable federal laws,
c,
accident.
Employer's Liability,with a limit of One Hundred Thousand Dollars ($100,000.00) per
d, Comprehensive General Liability Insurance with minimum limits' of Five Hundred
Thousand Dollars ($500,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest
edition of the Comprehensive General Liability Policy, without restrictive endorsements, and tiled by
the Insurance Services Office, and must include:
- Premises and/or Operations.
- Independent Contractors,
- Products and/or completed operations.
- Underground' Coverage.
COUNTY and the Broward County Board of County COmmissioners are to be named
as additional insured with respectto liability arising out of operations performed for COUNTY by
or on behalf of CONTRACTOR or negligent acts or omissions of COUNTY in connection with
general supervision of such operation,
e. Business Automobile Liability Insurance with minimum limits of Three Hundred
Thousand Dollars (5300,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability Policy, without restrictive endorsements, as tiled by the
Insurance Services Office and must include owned vehicles and hired and non-owned vehicles,
Notice of Cancellation and/or Restriction: The policy(ies) must be endorsed to
3
,-'.,' u' 5
- :, ..' '.
---"""., ~.
0:
7'\
"=
0"
"=
\.C
c..;
-0
Ci?
c::
f'o.:
\.C
W
"
p'rovide COUNTY with thirty (30) days notice of cancellation and/or restriction,
5, COUNTY agrees that this Agreement satisfies the requirements of Sections 5-183(d) and 5-
200(d)(2), Broward County Code of Ordinances, that developers install all required improvements
prior to issuance of a development order or enter into an agreement to provide for installation of the
required improvements within a reasonable period of time or before issuance of building permits or
certificates of occupancy, as required by the County Commission, Upon official acceptance of the
Improvements by the applicable road constru",iion pennitting agency, the local government may issue
certificates of occupancy for parcels or portions of the PLAT according to the schedule set forth in
Exhibit liB II ,
6, The CITY agrees to execute any and all other instruments or documents as may be required
to effectuate the requirements of Chapter 5, Article IX, Broward County Code of Ordinances, and
this Agreement.
7. NOTICE. Whenever any of the parties desire to give notice to the other, such notice must
be in writing, sent by U.S, Mail, postage prepaid, addressed to the party for whom it is intended at
the place last specified; the place for giving of notice shall remain such until it is changed by written
notice in compliance with the provisions of this paragraph, For the present, the parties designate the
following as the respective place~ for giving notice:
For the COUNTY:
Director of the Broward County Engineering Division
115 South Andrews Avenue, Room 321
Fort Lauderdale, Florida 3 3 ~ 0 1
For the CITY:
Mayor Sal Pagliara
6500 Parkside Drive
Parkland, Florida 33067
r
(
r
\
c
8, RELEASE. When all of the obligations set forth herein are fully paid and performed,
COUNTY, at the request of CITY or its successor and upon payment of any applicable fees, shall
cause a release to be recorded in the Official Records ofBroward County, Florida, evidencing such
performance. To the extent that the obligations set forth herein are divisible and a~butable to a
specific parcel or portion of the PLAT, COUNTY may grant a partial release of this agreement for
a specific parcel or portion of the PLAT for which this road impact obligation has been satisfied.
c
C
I'
~
ol
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
4
.:: "lit; j, 0 5
'.
respective dates under each signature; BROW ARD COUNTY through its BOARD OF COUNTY .
COMMISSIONlJltS, }igning by and gh its Chairman, authorized to execute same by Board
action on the ~ day of ' 199~ and the CITY OF
PARKLAND, through its Mayor, dul~ thorized to execute same,.
, strato and
Ex-Officio .lerk of
the Board of County Commissioners
of Broward County, Florida
",,."'tll,,,.,.
I'" IL A. " · , S ..,....Ol!
.... r 0 JYI iVl ~ S 10 .........
..t V ~"O".'. "A. 10
.~ ~ o' '.. ~y,,^_
c' ",0 e" <:".
,.1.... " ", ~~
~ -,. . . '. n :
~ '<~ · .....::0. U'..
: ::.): Cf\f:.f)., c:. \ ~
.0' 'f'''c.{ " ...
~ : OC \. I.... <: ...
: <.) ~ ,\0'\5 j: ~
'I." ...' c,.... i
':. "~\' ~.' ~
-:. ..,0.(, ,,'"\ .. ,'"
.. '. ''/~!J Crl.I.l'\ .' ...'
· -.' .6 r
-'t, ''''a..,.,' i'
.....~ 1< ,..'
""':.. ,f'
....VyH'''rlI'I''
ATTEST:
S Q;:z:-
,,'~a-- .~
C~ty Clerk .
# ...': , : ".., I",. .... ~.~
..,-,:>u.u t}h~ ....,. : .,'i:.
::~:::::'f:r"'< :\;2\. II~::',;;
.' ;{eORPORAT~~~)
~~. c;. ~ . .t~"'7 I'~ E 13 :
~. ~,.., \";.- ,.- . . ~
,.: ~ '::",":. t .,.;'1 ~ 1', .
'. ,. ~'.'.. .....fl,.. .:..:...._...~t ..",..,
'''~" -:;., .;,. .... '- ~. .J.1"t... ." .,'" ~
<I '."'" .4;. .c....,. .
'. .......... It l:!t!~~".~~;;,...
10/14/96:'...
BROW ARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By:
Ztd/f!----
, Chair
~ SoOttJ
(~dayof
199?'
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN 1. COPELAN, JR" County Attorney
Governmental Center, Suite 423
11-5 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By:
co
~
N
0"'\
N
\..0
c..;
-c
cr:
C
I'
U
(J
Assistant County Atto
CITY OF PARKLAND
By: ~I ~
ayor Sal ag' a
~dayof January
.199;7.
APPROVED AS TO FORM:
B~~
~YAttorney
~
5
~')i)'; '}
:.! . '. t~~. " ,
u ;)
~.
.~
~.
~
List of Improvements
Page 1 of 1
Improvement Description
Completion Date
Staff Recommendation 9) (Partial) - Two lanes Prior to issuance of Certificates of Occupancy
on University Drive from the existing pavement within this plat
at Holmberg Road north to the 100-foot
opening,
Staff Recommendation 9) (Partial) - Two lanes This improvement shall be completed
on University Drive from the the 1QO-foot concurrently with construction of University
opening north to the north plat limits. Drive to the north of this plat.
Staff Recommendation 15) - A westbound This improvement shall be completed
right turn lane on Holmberg Road at University concurrently with construction of re-aligned
Drive (200 feet of storage, 100 feet of Holmberg Road,
transition).
Staff Recommendation 16) - A northbound Prior to issuance of Certificates of Occupancy
right turn lane on University Drive at the 100- within this plat
foot opening (150 feet of storage, 100 feet of
transition),
Staff Recommendation 17) - A southbound left Prior to issuance of Certificates of Occupancy
turn lane on University Drive at Holmberg within this plat
Road (200 feet of storage, 100 feet of
transition),
Staff Recommendation 18) - A southbound left This improvement shall be completed
turn lane on University Drive at the 100-foot concurrently with construction of University
opening (200 feet of storage, 100 feet of Drive to the north of this plat.
transition),
Staff Recommendation 20) - Sidewalks along Prior to issuance of Certificates of Occupancy
University Drive adjacent to this plat. within this plat
Staff Recommendation 22) - Pavement As required for installation of the above
Markings and Signs, improvements,
a
7'"
"
.0-
"
u:
c...:
-c
c;:
c:
i'.:
u:
-
C:\WINWORDIPHASING.96IPARXLAND.EXB
Jteyised: Auguol23, 1996
FACIAl. RECORDS BOOK
RECORDED IN lHE OCOUUTV FlORtO~
OFBROWARD n".
COUNT'{ AOMINISTAATOR
::J {, ('; c
(J 5"
.' t.
. I .',
. .
AGREEMENT
97-193606 T#002
04-16-97 03:45PM
Between
BROWARD COUNTY
and
CITY OF PARKLAND
for
TRAFFIC SIGNALIZATION
This is an Agreement between: BROW ARD COUNTY, a political subdivision of the State
of Florida, hereinafter referred to as COUNTY, through its Board of County Commissioners,
AND
the CITY OF PARKLAND, a Florida municipal corporation, hereinafter referred to as CITY,
through its City Commission.
WIT N E SSE T H:
WHEREAS, Chapter 5, Article IX, Section 5-182(c) and Section 5-198(c), Broward County
Code of Ordinances, require that access to trafficways be designed to facilitate the safe and efficient
movement of vehicles; and
WHEREAS, the Board of County Commissioners approved the IIParkland Municipal Center"
Plat, which is described in Exhibit .... A," attached hereto, on the 6th day of August 1996, subject to
staff recommendations set forth in the Development Review Report, Item Number 21, required traffic
signalization at the intersection of Holmberg Road and University Drive in Parkland, Florida,
NOW, THEREFORE, in consideration of the mutual terms and conditions, premises,
covenants and payments hereinafter set forth, COUNTY and CITY hereby agree as follows:
1. TRAFFIC SIGNAL OBLIGATION.
The CITY shall be responsible for payment to COUNTY an amount not to exceed $17,500
for the installation costs of a traffic signal at Holmberg Road and University Drive, in
.accordance with the conditions and timeframes set forth in this Agreement.
2.
SECURITY.
c
,
r
c
r
\.
c.
G
C
f'
\J
C
'.>., ' , ,
- .-~ (J })
(a) CITY shall provide the COUNTY with a certified CITY Resolution as security for
.... ~~~~!~M'''~~ ::::~::dD~:tt;~:::;7 -~
I.." .
, .
/
the Traffic Signal Obligation prior to the recordation of the PLAT, which is
acceptable to the COUNTY and which guarantees the CITY's performance of the
construction obligations set forth in this Agreement.
(b) CITY agrees that this Agreement shall be recorded in the Official Records of Broward
County, Florida, against the property described in Exhibit "A" to put subsequent
purchasers, grantees, heirs, successors and assigns of any interest in such property on
notice of the obligation set forth herein, which shall run the property until fully
performed,
(c) CITY agrees not to obtain a certificate of occupancy prior to completion of the
applicable Improvements in accordance with the schedule set out in Exhibit liB, II
3.
.
.The CITY shall notifY the COUNTY when the platted property is built-out, as defined herein.
Within two (2) years ofCITY's written notice of build-out of the PLAT to the Broward
County Traffic Engineering Division, the COUNTY shall conduct studies at the pertinent
intersection or location to determine if signalization is warranted under the standards of the
United States Department of Transportation Manual on Uniform Traffic Control Devices for
Streets and Highways, If the COUNTY determines that the signalization is warranted at the
pertinent intersection or location and the signalization is subsequently installed, the CITY'S
total obligation, exclusive of costs and interest as provided herein, shall not exceed the
amount stated in paragraph 1 above. At its discretion, COUNTY may conduct the necessary
traffic studies prior to CITY's notice of build-out. COUNTY shall have three (3) years from
CITY's notice of build-out to install the traffic signal if warranted. Completion of build-out
shall not be deemed to occur until certificates of occupancy have been issued for all buildings
which may be constructed within the PLAT,
4.
If the COUNTY determines that the signalization is not needed at the pertinent location or
intersection within two (2) years after notice of build-out, or if the COUNTY fails to install
the traffic signal within three (3) years after notice of build-out, the CITY shall be released
from its obligations set forth in this Agreement, the COUNTY shall record a release of this
Agreement in the Public Records of Broward County, Florida,
5. The CITY agrees to execute any and all other instruments or documents as may be required
to effectuate the requirements of Chapter 5, Article IX, Broward County Code of Ordinances,
and this Agreement.
6. NOTICE. Whenever any of the parties desire to give notice to the other, such notice must
be in writing, sent by U.S. Mai~ postage prepaid, addressed to the party for whom it .is
intended at the place last specified; the place for giving of notice shall remain such until it is
changed by written notice in compliance with the provisions of this paragraph. For the
present, the parties designate the following as the respective places for giving notice:
2
;} ".,', U ."
~ .,4 .:.. 5
. ....."...
0:
7"(
r-.:
0"
r-.:
\.C
c...:
'"{;
G:
C
"
\.L
u:
;:- .~.
. .
For the COUNTY:
Director of the Broward County Traffic Engineering Division
2300 W, Commercial Boulevard
F 011 Lauderdale, Florida 33309
For the CITY:
City Engineer
City of Parkland
6500 Parkside Drive
Parkland, Florida 33067
7. RELEASE. When all of the obligations set forth herein are fully paid and performed,
COUNTY, at the request of the CITY and upon payment of any applicable fees, shall cause
a release to be recorded in the Official Records ofBroward County, Florida, evidencing such
performance, To the extent that the obligations set forth herein are divisible and attributable
to a specific parcel or portion of the PLAT, COUNTY may grant a partial release of this
agreement for a specific parcel or portion of the PLAT for which this traffic signalization
obligation has been satisfied.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: BROW ARD COUNTY through its BOARD OF COUNTY
COMMISSIO~~~ signing by through its Chairman, authorized to execute same by Board
action on the ~ day of ", 1997, and City of Parkland, signing by and
through its City Commission, duly orized to execute TRAFFIC SIGNAL AGREEMENT relating
to the "Parkland Municipal Cente Plat.
BROW ARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
o
7'
"
o
"
'-'
(..
..,
c;'
c
c..
c
c
COUNTY
County Ad inist or and
Ex-Officio Clerk of the "",,'~'N",~.J.
,." Oll,M ISS,O.............
B d fC C ' '~L' G....... :AI"
oar 0 ounty ommlSSl\~,lll~S "..... .... ~ ":.
of Broward County, Flori~'!." ... . t-: . ~. 't.r \
! ,:::';" l c.?::!:}:\~) \dayl>f
t >: t 0 ~'. \.: \'; ~i I
t 4..1 ". ,\':.:; c,. ~
t o. ,,,,. (;:'/ I
~ .'~" ~~.. I~
" .. '.-; ~'T') (..(~". ..
-~I '"_~..~..:~..tJ-. ,.'
...-"Co.... .~{ .tr'
.... ~~sJ
-"""'#U#II'
, Chair.
, 1997,
,..., 1.'U'5
",
- . ,.,.
... .:)
.,
,
:, .
Approved as to form by
Office of County Attorney
Broward County, Florida
JOHN 1. COPELAN, JR.
County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600-
Telecopier: (305) 357-7641
By:
~/ll
Witnesses:
~~
I? ad1 t.~~~ J
By:
CITY OF PARKLAND, FLORIDt\.. () ~((i'
. .~~~ ........ '/;. .
.'. )> .
c",,} ...>'
"--~f 00
:. ".,..
: ~-
. ,
.. .~~,:_,( ( //-:'
~, -y -' (."., "..." .
''''~' t co'.~."
STATE OF FLORIDA )
) ss,
COUNTY OF BROWARD )
The oreg . g insqumenl was acknowledged bef9re me this q day o~ '
1997, by and~ ~___________who
are personally own to me or have produced as
identification.
OJ
,...;
N
~
r.:
\.C
u;
\:
c::
(Seal)
c
c...:
c
My Commission Expires:
"'~'fi:A:.. RITA GRIMES
"~;&'~
I.: ~.\ MY COMMISSION' CC 403561
~~ ~1.i EXPIRES: DecemlIIl' 20. 1998
'.;:?;I/t..tll~'" &ooded ThN NolIIy NIle lhIetwrllIlI
4
,,fi/\.CI (J ~
I '
i'
f:XHIBIT liB"
List of Improvements
Page 1 of 1
Improvement Description
Completion Date
Twenty-Five Percent (25%) of. the cost of a
traffic signal at the intersection of University
Drive and Holmberg Road in the amount of
$17,500.00.
Following determination by COUNTY that the
intersection meets warrants according to
Paragraphs 3 and 4.
C:\WINWOJU)\I9II6-DIR\PHASING.96\PARKLND,SIG
Revised: F.....,. 10, 1997
c
~
I'
C
r
'"
c.
c
C
c-
c
c.,
D,lr'i'" 0
.::l1\ .. ;~' 5