Loading...
1998-19 Parkland Isles Construction of Paving & Drainage RESOLUTION NO. 98 - 19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH WCI COMMUNITIES LIMITED PARTNERSHIP FOR CONSTRUCTION AND INSTALLATION OF PAVING AND DRAINAGE IMPROVEMENTS FOR THE SUBDIVISION STREETS IN THE PARKLAND ISLES SUBDIVISION WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interest of the citizens to enter into the attached Agreement between the City of Parkland and WCI Communities Limited Partnership for construction and installation of paving and drainage improvements for the subdivision streets in the Parkland Isles subdivision; and. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City Officials are hereby authorized to execute the attached Agreement between the City of Parkland and WCI Communities Limited Partnership. Section 2. That the collector road will not have its second lift installed until all the phases are 100% completed. and the Agreement shall be deemed amended to reflect this condition of the City Commission's approval. Section 3. That this Resolution shall become 10 full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 6th DAY OF MAY ,1998. CITY OF PARKLAND, FLORIDA ~~ SAL AGLIA YOR ATTEST: ~ ~/'- _____ '~..v\.. k ~ SUSAN ARMSTRONG, C.M.C CITY CLERK ~#/~ 1'\/ 0 T j:e J-<- ---. _.I ~--t. ~ ~-- CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FL 33067 (954) 753-5040 FAX (954) 341-5161 May 14, 1998 Mr. Roger Dyess Vice President, Development WCI Communities 3300 University Drive Coral Springs, FL 33065 Re: PARKLAND ISLES PAVING & DRAINAGE IMPROVEMENTS Dear Mr. Dyess: Attached is one (1) original executed copy of the above referenced agreement. The City Commission unanimously approved the agreement by Resolution No. 98-19, copy attached, on May 6, 1998. Please note the following amendments on page 2, item #2: Line 5, the Land Development Permit Number has been changed to 00I-LDEV-98 Lines 10 and 12 "maintenance!' has been added above the word "performance. " If you have any questions, please feel free to contact me. Thank you. Sincer~ly, \!J ~A/~~G Helen Lynott, C.M.C. Deputy City Clerk Enclosure CC: Charles DaBrusco, City Engineer 33 niversity Drive Coral Springs, Florida 33065 (954) 752.1100 weI COMMUNITIES 111 April 16, 1998 Mr. Harry J. Mertz, City Manager City of Parkland 6500 Parkside Drive Parkland, FL 33067 Dear Harry: Enclosed herewith for your review and approval and for consideration by the City Commission, please find two copies of the Agreement for Construction and Installation of paving and Drainage Improvements for the Sub,division streets in the Parkland Isles Subdivision with attachment Exhibits A & C. If you have any Questions, please contact me at 752-1100, Ext. #223 r')ereIY, ~~<A- CV1~ Rog r yess Vice esident, Development RD:jk cc: Austin white, W/Attach. AGREEMENT FOR CONSTRUcnON AND INSTALLATION OF PAVING AND DRAINAGE IMPROVEMENTS FOR THE SUBDIVISION STREETS IN THE 'ARIa.AND ISLES SUBDIVISION THIS AGREEMENT, made and entered into this.L.. day of May , 1998, by and between: CITY OF PARKLAND, FLORIDA a municipal corporation, 6500 Parkside Drive, Parkland, FL 33067 (hereinafter referred to as "CITY") and WCI COMMUNITIES LIMITED PARTNERSHIP a Delaware limited partnership, 3300 University Drive Coral Springs, FL 33065 (hereinafter referred to as "DEVELOPER") WITNES SETH: WHEREAS, DEVELOPER owns certain real property, having a land use designation and zoning for single family residential purposes, located within the municipal limits of the CITY, as more particularly described in Composite Exhibit "A", attached hereto and made a part hereof, consisting of ...L... pages (hereinafter referred to as "the property"); and WHEREAS, DEVELOPER has submitted a plat, known as the Parkland Isles Plat, which includes private rights-of-way, to CITY in order to subdivide the property; and WHEREAS, Section 13-68(a)(6)(g) of the CITY's Land Development Code provides that, prior to issuance of a certificate of occupancy, DEVELOPER shall construct to applicable CITY standards all local roads that are internal to the development and necessary to provide safe and adequate access to the development, except that said local roads may be completed in phases, and that certificates of occupancy may be issued within each phase as if the phase was a separate development, provided that the phasing plan has been approved by CITY; and WHEREAS, the parties hereto are desirous of entering into an Agreement providing for the construction and installation by DEVELOPER of the paving and drainage improvements which are the subject matter of this AGREEMENT. NOW, THEREFORE, FOR AND IN CONSIDERA nON OF the mutual covenants and undertakings of the parties hereto, and other Page lof 4 good and valuable consideration, the parties hereto covenant and agree each with the other as follows: 1. DEVELOPER represents and warrants that it is the fee simple owner of the property which is located within the municipal limits of the City of Parkland, more fully described in Exhibit "A", attached hereto and made a part of this AGREEMENT. 2. DEVELOPER agrees to construct and install, at DEVELOPER's sole expense, the paving and drainage improvements required by CITY within the private rights-of-way within the property, all in accordance with plans and specifications known as Job No. 96-050.20, consisting of sheets Nos. 1 through 12, inclusive, prepared by Gee and Jenson, Engineers, 00l-LDEV-9S Architects, Planners, Inc., and CITY Land Development Permit No.~, approved by the City Engineer, all of which are incorporated by reference herein and made part of this AGREEMENT as Exhibit "B" (hereinafter collectively referred to as "the paving and drainage plans''). In accordance with Section 3.5.2 of CITY's Minimum Construction and Design Standards, DEVELOPER agrees to secure the installation of the second lift of asphalt on the maintenance/ private rights-of-way within the property with a perfonnance bond acceptable to CITY and its Attorney, in the amount equal to one hundred twenty (120) percent of the cost to install the maintenance/ second lift of asphalt. The perfonnance bond shall be delivered to CITY by DEVELOPER prior to the installation of the second lift of asphalt on the private rights-of-way within the property by DEVELOPER. 3. DEVELOPER further agrees that said paving and drainage plans and specifications shall be approved in writing by: (a) South Florida Water Management District and/or the North Springs Improvement District; and (b) The City Engineer. 4. The work to be perfonned by DEVELOPER, pursuant to the provisions set forth herein, shall be in compliance with the requirements of the regulatory agencies having jurisdiction over the subject matter of this AGREEMENT and CITY. 5. DEVELOPER shall, at his expense, retain the services of a Florida licensed engineer to inspect the subject improvements to ensure that construction and installation of the paving and drainage improvements are, at all times, in full compliance with the approved plans and specifications. Notwithstanding, DEVELOPER agrees that the City Engineer or his Page 2 of4 r authorized representative(s) shall have full acceSs tel the construction and installation site to insure that performance of the referenced work is in accordance with the approved plans and specifications. While the work is in progress, the City Engineer or his authorized representative shall provide DEVELOPER or DEVELOPER's engineer with any comments relating to the progress of the work that the City Engineer has. 6. DEVELOPER agrees to reimburse the CITY for expenses associated with said inspections in accordance with the provisions of CITY's "Cost Recovery Program", as set forth in CITY's Land Development Code, and Resolution No. 89-20, which establishes CITY's cost recovery fee for the administrative services rendered by CITY. 7. DEVELOPER and CITY understand and agree that the paving and drainage improvements may be constructed and installed within independent geographic areas located within the boundaries of the Parkland Isles Plat defined as phases (''the PHASE(s)'') in accordance with said phasing attached hereto and incorporated herein as Exhibit "c" (''the PHASING PLAN''). CITY hereby approves the PHASING PLAN. The numerical designations of the PHASES are for identification only and are not intended to delineate the order of construction of the PHASES. The order of construction of the PHASES may be determined by DEVELOPER. Each PHASE shall be served by paved access to CITY's street network prior to the issuance of the first Certificate of Occupancy for that PHASE. 8. Upon completion of the paving and drainage improvements in any PHASE (or for the property if the referenced improvements are installed without phasing), DEVELOPER agrees to: (a) Provide CITY with a Certification of Completion from its supervisory engineers, certifying that all work has been substantially completed in accordance with the approved paving and drainage plans and specifications. (b) Submit the referenced certification to CITY's Engineer, who, upon receipt, shall review and, if in order, cause a City Engineer's "Certification of Completion" to be issued. 9. DEVELOPER and CITY recognize and acknowledge that DEVELOPER intends to create a Homeowners' Association in the future which will be responsible for, among other things, the maintenance of the paving and drainage improvements within the property. Page 3 of4 Therefore, after the completion of the paving and drainage improvements within the property, DEVELOPER shall provide said Homeowners' Association with a warranty for the paving and drainage improvements against any defects in materials or workmanship for a period of two (2) years from the date of the City Engineer's Certification of Completion for each PHASE, issued in accordance with Paragraph 8. 10. If any section, subsection, sentence, clause, phrase, or portion of this AGREEMENT is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. 11. This AGREEMENT shall be binding upon the parties hereto, their heirs, representatives, successors and assigns. 12. The AGREEMENT represents the entire understanding between the parties. There are no representations, understandings or promises other than those expressly set forth above. Modification of this AGREEMENT shall only be by written amendment and effective only upon adoption by CITY's Commission. 13. Nothing in this AGREEMENT shall relieve DEVELOPER from complying with any City or County laws, ordinances, or regulations. 14. DEVELOPER and CITY agree that this AGREEMENT shall not be recorded in the Public Records ofBroward County, Florida. IN WITNESS THEREOF, the parties hereto have caused these presents to be executed the day and year first written above. CITY OF PARKLAND ATTEST: ~~ By' Sal Pa an, Mayor ~.~ C2~~ Susan Armstrong, City Clerk, WITNESSES: WCI COMMUNITIES LIMITED PARTNERSHIP Page 4 of 4 LANDS OF WCI WITHIN mE PROPOSED PLAT OF PARKLAND ISLES A portion of Section 32, Township 47 South, Range 41 East, Browilrd County, Florida; together with Tracts 5 and 32, Section 5, Township 48 South, Range 41 East, FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO.2, according to the plat thereof, recorded in Plat Book 1 at Page 102 of the Public Records of Palm Beach County, Florida; together with a portion ofTracts 3, 4, 6, 7, 8, 9,10,1\,12,25,26 and 31 of said Section 5; together with a portion of the adjacent 15.00 foot wide road Rights of Way; together with a portion of the quit claimed 15.00 foot wide road Rights of Way described in Official Records Book 17234 at Page 315 of said Public Records of Broward County, Florida; all described as follows: BEGINNING at the southeast comer of the Northwest Quarter (NW 1/4) of said Section 5; thence North 89053'02" West, along the south line of said Northwest Quarter (NW 1/4) on the north Right of Way line of North Springs Improvement District Canal C-4E as described in Official Records Book 5570 at Page 658 of said Public Records, a distance of 1259.33 feet to the east Right of Way line of Coral Ridge Drive as described in Official Records Book 21116 at Page 542 of said Public Records; thence North 00.50'43" West, along said east Right of Way line, a distance of 1. 02 feet; thence North 00.51'45" West, along said east Right of Way line, a distance of 3301.38 feet to the north line of said Northwest Quarter (NW 1/4) of Section 5 and the south line of the Southwest Quarter (SW 1/4) of said Section 32; thence continue North 00.51 '45" West, along said east Right of Way line, a distance of 60.00 feet to the northeast comer of said Coral Ridge Drive on a line parallel with and 60.00 feet northerly from said south line of the Southwest Quarter (SW 1/4) of Section 32; thence North 89045'28" East, along said parallel line, a distance of 542.31 feet to the begiMing of a curve concave to the south having a radius of 281 0.00 feet and a central angle of 05048'57"; thence easterly, along said curve, a distance of285.23 feet to the point of tangency; thence South 84025'35" East, a distance of 160.85 feet to the begiMing ofa curve concave to the north having a radius of 2690.00 feet and a central angle of 05049'46"; thence easterly, along said curve, a distance of273.69 feet to the point of tangency on a line parallel with the sOuth line ofthe Southeast Quarter (SE 1/4) of said Section 32; thence North 89044 '39" East, along said parallel line, a distance of 457.29 feet to the begiMing of a curve concave to the north having a radius of 2690.00 feet and a central angle of 05.49'46"; thence easterly, along said curve, a distance of273.69 feet to the point of tangency; Page 1 00 4 "".I'A-vjIJ ~/.3u/.?r ~~ EXHIBIT A thence North 83054'53" East, a distance of 159.18 feet to the beginning ofa curve concave to the south having a radius of 281 0.00 feet and a central angle of 05049'46"; thence easterly, along said curve, a distance of 285.90 feet to the point of tangency on a line parallel with and 60.00 feet northerly from said south line of the Southeast Quarter (SE 1/4) of Section 32; thence North 89044'39" East, along said parallel line, a distance of 84.37 feet to the northwest comer of Pine Island Road as described in Official Records Book 21116 at Page 554 of said Public Records; thence South 00051'42" East, along the west Right of Way line of said Pine Island Road, a distance of 60.00 feet to said south line ofthe Southeast Quarter (SE 1/4) and the north line of the Northeast Quarter (NE 1/4) of said Section 5; thence continue South 00051'42" East, along said west Right of Way line, a distance of 1420.88 feet to the beginning ofa curve concave to the northeast having a radius of2360.00 feet and a central angle of 40001'08"; thence southerly and southeasterly, along said curve on said west Right of Way line, a distance of 1648.37 feet to the point of tangency; thence South 40"52'50" East, along said west Right of Way line, a distance of 345.22 feet to the beginning of a curve concave to the southwest having a radius of 2240.00 feet and a central angle of 40000'00"; thence southeasterly and southerly, along said curve on said west Right of Way line, a distance of 1563.82 feet to the point of tangency; thence South 00052'50" East, along said west Right of Way line, a distance of 260.66 feet to a northerly comer of the North Springs Improvement District road Right of Way as described in the Warranty Deed recorded in Official Records Book 25027 at Page 661 of said Public Records; thence South 44043'19" West, along the north Right of Way line of said North Springs Improvement District road Right of Way, a distance of 50.03 feet; thence North 89040'32" West, along said north Right of Way line, a distance of 2522.27 feet; thence North 89042'56" West, along said north Right of Way line, a distance of 1.32 feet to the west line of the Southeast Quarter (SE 1/4) of said Section 5 on the east Right of Way line of North Springs Improvement District Canal C-20 as described in said Official Records Book 5570 at Page 658; thence North 00051'47" West, along said west line of the Southeast Quarter (SE 1/4) of Section 5 on said east Right of Way line of North Springs Improvement District Canal C-20, a distance of 1589.00 feet to the POINT OF BEGINNING. LESS North Springs Improvement District S2-2, 82-4 and S2-1 Drainage Rights of Way described in the Warranty Deed recorded in Official Record Book 16031 at Page 560 of the Public Records of Broward County, Florida. Page 2 of3 ALSO LESS North Springs Improvement District Right of Way described in the Right of Way Deed recorded in Official Record Book 15846 at Page 110 of said Public Records. ALSO LESS that portion of North Springs Improvement District S2-} Drainage Right of Way described in the Warranty Deed recorded in Official Record Book 18227 at Page 442 of said Public Records. AND ALSO LESS those certain portions of said Section 5 conveyed to North Springs Improvement District by the Warranty Deed recorded in Official Records Book 27543 at Page 343 of said Public Records. TOGETHER WITH those certain portions of said Section 5 conveyed to WCI Communities Limited Partnership by the Quit-Claim Deed recorded in Official Record Book 27363 at Page 222 of said Public Records. Said land being in Broward County, Florida. Containing 196.326 Acres, more or less. Page 3 of3 , .. ..m_ _ ___ ~-i~~"f"4- ........_...____i 'JI I I : II ~ I ! H I ~ ilil l' rl:: 1::1 y- III . :! j ::i r -, I' - - - - - - ~rL~~~=~-::=_~ _ .~~_~ =.~ ~_j """'!! Ii , ;)~mD~ ~0 .., "U "U "U "U rT'l rT'l 0 n ,:;0 ::I: ::I: ::I: ::I: )> )> rT'l c:: '16 )> )> )> )> ::0 :;0 ~ ~ VI VI VI VI -i ~ ~ !~ rT'l rT'l rT'l rT'l :r: -< ~ ~ 0 ::0 <::> .., :r -i 0 ~ .., -i l:::o 0 ~ Z ::0 ll: n c:: ::0 rT'l ^ ::0 rT'l 10 ::0 rT'l ^ Z ::0 )> rT'l )> )> .., -i 0 '" Ii )> ::0 :;0 :r: ~ VI >< ::0 )> rT'l rT'l )> ~ .., VI ::0 :r: Z :>: ,-< rT'l rT'l )> )> VI -i )> ... !V) )> )> rT'l VI l'l C"l III 'C ~ Z H "" ~ 8 \1 Z Z z c :~ rT'l rT'l C ll: 0 lD !~ ll: rT'l OJ :;0 jm rT'l rT'l :;0 or- ,,.., ':< ~~:; i j fi-.,LI I!l-R:,'" i , F~~ I I' ...~.;;; 1\ 'F : I: \\! 'I ~:--:,{r , I I I Ir="'il I '....... I' - \: ii ,p II! ,'/ I :( j ~ \\ Il ;i ~\-:J- ! ),1 If "f f/ :.t..,:, III :i IiI :/ 'I: f' '" ,f ii: :\ ',i ',~ : \\ \\ III JJ " II ! : tI \\ ,..-.If" '\ I 11 :,1 // I 0; , Ii ;'1 ,I 1\1)\ '\ ; \ II I I Ii I ;, f1 ! (I t/ !I! 'f' " , 1:: :1 dl \\ :~\ \. I. \ \\ \ , "0\" lIlY.. .I.IBM IIII g ~ IIII II ffi C .... I PARKLAND ISLES - ~ I I J Z m ~ W.c.l CXlMI&NlEII · t I H ~ lID 8IIOWNlD.CClIMY. f'UlM)A - ..... Z ~ PHAIIEIW'