The URL can be used to link to this page

Home My WebLink AboutCity of Tamarac Resolution R-2024-036Temp. Reso. # 14095 MARCH 27, 2024 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2024 - C 3(P A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING A RESTRICTIVE COVENANT FOR THE PROPERTY COMMONLY KNOWN AS THE COLONY WEST CHAMPIONSHIP AND GLADES GOLF COURSES LOCATED IN THE CITY OF TAMARAC AND RESTRICTING THE USE OF THE PROPERTY IN PERPETUITY AS RECREATIONAL, GOLF COURSE USE, OPEN SPACE, AND CULTURAL FACILITY, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING THE CITY MANAGER AND THE CITY ATTORNEY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION ; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is the fee simple owner of the Colony West "Glades" Golf Course located at Wedgewood Drive, Parcel Id. 4941 08 01 0010 and the Championship Course located at 6850 NW 88th Avenue, (the "Property") in Tamarac, Florida, as more thoroughly described in the attached Exhibit "A"; and WHEREAS, the property was acquired by the City in furtherance of its goal to provide open space, recreational and cultural facilities for its residences in the City of Tamarac; and WHEREAS, the property occupies approximately 232.11 acres to be used for recreational purposes which include golf courses and open spaces; and WHEREAS, the Property currently serves the recreational and cultural needs of residents and visitors alike; and WHEREAS, the purpose of the Restrictive Covenant is to protect the general welfare of residents living near the Property and individual notices shall be mailed to owners of properties within four hundred (400) feet of the Property in the Temp. Reso. # 14095 MARCH 27, 2024 Page 2 of 3 event the City Commission seeks to modify, release, or terminate the Restrictive Covenant. WHEREAS, the City Commission wishes to approve the Restrictive Covenant and thereby restricting the use of the Property in perpetuity as recreational use, open space, and cultural facility as described hereto in Exhibit "A„ NOW THEREFORE, BE IT RESOVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AS FOLLOWS: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission hereby approves the Restrictive Covenant and thereby restricting the use of the Property in perpetuity as recreational use, open space, and cultural facility as described hereto in Exhibit M SECTION 1 The City Manager and City Attorney are authorized to take any and all actions necessary to effectuate this resolution. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or Temp. Reso. # 14095 MARCH 27, 2024 Page 3 of 3 invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this a�'Mday of MA-2GH 2024. ATTEST: KlMBER Y DILLON, CMC CIT"r CLERK fi�" J_ -6 ICHELLE J. GO Z MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ No DIST 1: COMM.BOLTON `'� DIST 2: V/M. WRIGHT JR DIST 3: COMM. VILLALOBOS NO DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. z/ NS OTTINOT CITY ATTORNEY This instrument prepared by and Return to: Hans Ottinot, City Attorney c/o City Clerk's Office City of Tamarac 7525 NW 88t' Ave., Tamarac, FL 33321 RESTRICTIVE COVENANT THIS RESTRICTIVE COVENANT is made and entered into as the oil* day of JAWc,15 2024, by the CITY OF TAMARAC, Florida, a municipal corporation ("Grantor" or «City"). RECITALS WHEREAS, the City is the fee simple owner of the Colony West "Glades" Golf Course located at Wedgewood Drive, Parcel Id. 4941 08 01 0010 and the Championship Course located at 6850 N.W. 88t'Avenue, (the "Property") in Tamarac, Florida, as more thoroughly described in the survey attached as Exhibit "A"; and WHEREAS, the City in furtherance of its goal to provide open space, recreational and cultural facilities in the City of Tamarac for its residents purchased the Property in 2011; and WHEREAS, the Property occupies approximate 232.11 acres pursuant to the attached survey and is used for recreational purposes which includes golf courses and open spaces; and WHEREAS, amenities such as a hotel and a restaurant with a conference center have been constructed on the Championship Course; and WHEREAS, the Property currently serves the recreational and cultural needs of residents and visitors alike, and the City has determined that it is in the best interests of its residents to restrict the use of the property to open space and supporting recreational and cultural facilities uses in perpetuity. NOW, THEREFORE, the City hereby declares that the property shall be owned and maintained subject to the following designations and restrictive covenant: 1. Recitals. The foregoing recitals are true and correct and incorporated into this Restrictive Covenant by reference. 2. Restrictive Covenant. The City agrees to own and maintain the Property in perpetuity for recreational purposes which include golf courses, open spaces, and multi -purpose recreational and cultural facilities. Nighttime golfing shall not be permitted on the Property. Any proposed change in the use of the Property shall be consistent with the terms and conditions of this Restrictive Covenant. No use of the Property shall be allowed which is inconsistent with the intent and purpose of this Restrictive Covenant. 3. Term. The Restrictive Covenant shall become effective upon recordation in the Public Records of Broward County, Florida, and shall continue in effect in perpetuity. The City Commission of the City shall have the right to modify, release or terminate the Restrictive Covenant after holding a public hearing. 4. Release of Covenant. If the City Commission intends to modify, release or terminate this Restrictive Covenant pursuant to Section 5 below, the City shall mail individual notice of the public hearing to all properties located within four hundred (400) feet of the Property at least thirty (30) days before consideration to release or terminate the Restrictive Covenant is heard at a public hearing. 5. Modification, Release and Enforcement. The City Commission may modify, release, and/or terminate at a public hearing. Only the City has the right to enforce this Restrictive Covenant. No other party will be deemed a third -party beneficiary for any purpose. 6. Covenant Running with the Land. This Restrictive Covenant shall run with the land described in Exhibit "A" and shall be binding on all persons and entities acquiring title to or use of the Property. 7. Governing Law. This Restrictive Covenant shall be governed by and construed in accordance with the laws of the State of Florida. 8. Attorney's Fees. If any legal or equitable action or other proceeding is brought for the enforcement of the Restrictive Covenant, the successful and prevailing party shall be entitled to recover reasonable attorney's fees, court costs and all expenses incurred in that action or proceeding in addition to any other relief to which such part may be entitled. 9. Invalidation. Invalidation of any of the restrictive covenants contained herein by judgment or court order shall in no way effect any other conditions which remain in full force and effect. 10. Waiver. Any failure by the City to enforce any of the restrictive covenants contained herein shall not be deemed a waiver by the City of the right to do so thereafter. 11. Effective Date. This Restrictive Covenant shall become effective upon recordation in the Public Records of Broward County, Florida. IN WITNESS WHEREOF, the City has executed this Restrictive Covenant on the day and year first above written. ATTEST: CITY OF TAMARAC, FLORIDA a Municipal Corporation of the State of Florida Jam_ Kimberly Jbillon, City Clerk kib APPROVED AS TO FORM AND LEGAL S F NCY: ans Ottinot, City Attorney Mic lle J. Gomez, Mayor a $ACE^S^a7�adk It +a�3a?��a� a aB,a sa tt�•:�dj: 2�4$€��3iE IE •�i •� a8 £ �FT�3Eq=3•A&& yy sad ^798'TR�a`7laayiBa p EY• ssi311e at i,aia � �;e�xa�ICasC3,3;P:��41 a pp� dad r i33EgE isi 5�aaAa�a�.1t ; ' 3i 3 =a- : a ;1 s, ��s• t}eBalj;$fg�]fl,is-aEa_3a�; Ni l; ,ygE FF �_ a �{ ➢ aa( a ga,k�: sg a}, la� ppy§a3aF�°3f•Is.��A$�aa•;ap°'��aaEaal �a.j _ aat•a'� a �g�s$a� ,�C16� a.aaEs'S� Ss~"'d '1$i° all, £�T Sf•"E9:�.3• $ .�•. sI'�F�;.a t"af=�'j'] WIN _��-��El�y, sass i a•a 6s s s i ,p:33=i?= a aa.a t x$�o, UR I € t /it gi;-; a� ils3iy��a• �! aE�� II(p:Zts4�Sf°.ga�=a3$ .�]�ii-•i(�a�i•3.€36-•�'� 3 •�4��t I t i- JJg„ Y E- ,I a£.•8daj Cs, �a a; 3• �3 9EIY! •ft s; :F I� I3s d3 Ie° {{t Is_ _ 3. ]a °C:; 3R£iIr Y �a''9'�£ift,'FBzaa'3+ 'ia�id:ala3a;']saat�a3:fda'i "��YY ��Ii$;=�CE•C�a ,I-a;s9iijia�If 3 !� 3 : a�n. E 7jax a$ - ;ti •; SS D_�8q � �` a i °e:3E3 •sC�?9a�ej seas- ai�a '•�95�•�I��sffE 1 �9 �F3, Af B aid' Ug.� d alf-a �'": gis� •!-�ay ;,; i ea�: I t3 ie•�a �i•F��s..i�a�:E".�3:I�7€Ea{�:�" ElieRi�3Y;.9a�.�i.•afi.�ji��:`-jtlA'.3a_�5��:�iR3tYad W W