HomeMy WebLinkAbout1998-19 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:
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SUSAN ARMSTRONG, C.M.C
CITY CLERK
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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
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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
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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
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