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1996-31 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