HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-016f
Temp Reso #12744
January 13, 2016
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016/6
-
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
APPROVING THE REQUEST OF DUNAY,
MISKEL AND BACKMAN, LLP ON BEHALF
OF PALM COVE HOLDINGS, LP OF A
SECOND AMENDMENT TO THE
DECLARATION OF RESTRICTIVE
COVENANTS FOR TRAILS OF CENTRAL
PARC ATTACHED HERETO AS EXHIBIT "3"
AND INCORPORATED HEREIN; PROVIDING
FOR CONFLICTS, PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Land Use Plan Amendment for Monterey was adopted by the
City Commission on April 10, 2007, and
WHEREAS, as an inducement for Broward County to adopt the Broward County
Land Use Plan Amendment, the owner of the property ("Declarant") voluntarily placed
restrictive covenants upon the property which were recorded in the public records of
Broward County in Official Record Book 44460, Page 1757 ("Declaration") restricting
utilization of the Property and establishing certain affirmative obligations on Declarant
as set forth in the Declaration (attached hereto as Exhibit 1" incorporated herein and
made a specific part thereof); and
WHEREAS, on August 28, 2013, Declarant entered into that certain Amendment
to Declaration of Restrictive Covenants recorded in Official Records Book 51220, Page
1099 ("First Amendment") to reduce density upon the Property, modify the proposed
unit mix, establish an affordable housing impact fee payable to the City and amend the
Temp Reso #12744
January 13, 2016
Page 2
timing and terms of certain obligations as further outlined in the First Amendment
(attached hereto as Exhibit "2" incorporated herein and made a specific part hereof);
and
WHEREAS, Declarant now desires to further amend the Declaration to reflect a
revised density on the Property and to install a monument sign at Declarant's sole
expense and as approved by the City, in the general location of Commercial Boulevard
and N.W. 47 Terrace to identify both the Mainlands residential development as well as
the Trails at Central Parc development prior to the first certificate of occupancy for the
Trails at Central Parc development, and reaffirm the obligations as set forth in the
Declaration, the First Amendment, as further set forth in the Second Amendment to
Declaration of Restrictive Covenants attached hereto as Exhibit "3", incorporated herein
and made a specific part hereof; and
WHEREAS, the Declaration of Restrictive Covenants states that modifications to
the covenants are subject to approval by the City Commission and the Board of County
Commissioners; and
WHEREAS, staff has reviewed this request and supports amendments to the
Declaration of Restrictive Covenants; and
WHEREAS, the Director of Community Development recommends approval of
this request to amend the Declaration of Restrictive Covenants; and
1
Temp Reso #12744
January 13, 2016
Page 3
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interests of the citizens and residents of the City of Tamarac to approve the
request of Dunay, Miskel, and Backman LLP on behalf of Palm Cove Holdings, LP to
amend the Declaration of Restrictive Covenants.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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 Second Amendment attached as more fully set forth in
Exhibit 3 is hereby approved.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or in application, it shall not affect the validity of the remaining portion or
applications of this Resolution.
Temp Reso #12744
January 13, 2016
Page 4
SECTION 5: This Resolution shall become effective immediately upon its
adoption.
6PASSED, ADOPTED AND APPROVED this / day of967", 2016.
Y
AR Y DRESSLER
MAYOR
ATTEST:
4.4 Al
PATRICIA TE dMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ �✓
DIST 3: VICE MAYOR GLASSER i
DIST 4: COMM. PLACKO
1 HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
n
S MUEL S. GOREN
f"'CITY ATTORNEY
CFN # 107290907, OR BK 44460 Page 1757, Page 1 of 16, Recorded 08/10/2007 at
11:27 AM, Broward County Commission, Deputy Clerk 1047 -( dW
Return recorded copy to:
Return recorded copy to:
Billing, Cochran, Heath, Lyles et al.
888 SE 3rd Ave., Suite 301
Fort Lauderdale, FL 33316
Document prepared by:
Gerald L. Knight, Esq.
Billing, Cochran, Heath, Lyles at al.
888 SE 3rd Ave., Suite 301
Fort Lauderdale, FL 33316
DECLARATION OF RESTRICTIVE COVENANTS
his Declaration of Restrictive Covenants is entered into as of this 30 day
of 20_, by PRESTIGE HOMES OF TAMARAC, INC., a Florida
ri�tign ar whose ss is 7 W p SLnd'U'2dr
, to ' a 3 su s nd a_ E anti h die o e t ain rcel o
t a a ri /�'n E bit "A,"attached h "P n
e l t h b itt� a and Us �Ia,nd t licatca ' n") 06 t n e Lan si abon fr
Commercial Recreation to Low Medium (10 Dwelling Units Per Acre) Residential; and
WHEREAS, Declarant has offered to enter into this Declaration to restrict the
utilization of the Property; and
WHEREAS, the Board of County Commissioners of Broward County, Florida
("County"), at its meeting on December 12, 2006, agreed to adopt the Land Use Plan
Amendment ("Land Use Plan Amendment") subject to Declarant voluntarily agreeing to
restrict the utilization of the Property and to not seek further development of the Property
through the utilization of flexibility units; to abide by the terms of certain agreements
previously made to the City of Tamarac ("City") and neighboring homeowners associations;
and to the installation of certain improvements;
NOW, THEREFORE, Declarant agrees, as inducement for the County to adopt an
ordinance amending the Broward County Comprehensive Land Use Plan as set forth
above, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledge and confirmed, that the Property shall be owned, held, used,
transferred, sold, conveyed, demised, and occupied subject to the covenants, restrictions
and regulations hereinafter set forth, all of which run with the Property and any part thereof
and which shall be binding upon all parties having any right, title or interest in such property
or any part thereof, their heirs, successors, and assigns:
1. Recitals. The above recitals are true and correct and are incorporated into this
Declaration by reference.
100004866.DOC v.54/132007 03:43 BM)1
CFN # 107290907, OR BK 44460 PG 1758, Page 2 of 16
2. Property Development. Declarant hereby restricts development of the Property to
not more than two hundred thirty three (232) residential dwelling units, consisting of forty
nine (48) single family units and one hundred eighty four (184) townhouse units. Declarant
agrees that this restriction constitutes a limitation on the number of units which Declarant
may construct on the Property and that it shall not seek to increase the number of
allowable units set forth herein through an application for flexibility units.
3. Affordability. Declarant hereby agrees to oonstruct fifteen percent (15%) of the units
on the Property as "Workforce Housing." Prior to the issuance of the first building permit
for the construction or erection of the first residential unit on the Property, Declarant shall
enter into a Declaration of Restrictive Covenants (Affordable Housing) in substantially the
form attached hereto as Exhibit "B."
4. Prior to the issuance of the first building permit by City for the construction or
erection of the first residential unit on the Property, Declarant shalt: .
vey to C' p rope , th in '
h a i ereiZ'housand
r pe ', e used li
)ark land
i()r prov' a to the amount ive HuDoi rs 500,000.66) to
b f 'r m to Park Prim a
U p ah f(emn is d rati6n� of R trictiv b ts�/
,(c P I ting t G
nd
off rem V.
e ea m sociab re nai tease for
Mainlands Sections 1, 2, 3 and 5;
(d) provide to the homeowners association for Mainlands Sections 1 and 2 (which are
one association) the amount of Two Hundred Thousand DoOars ($200,000.00), and
to the homeowners associations for Mainlands Sections 3 and 5 the amount of One
Hundred Thousand Dollars ($100,000.00) each, to be utilized by the individual
associations forthose purposes established by each association's membership; and
Declarant shall obtain and provide City, as part of its building permit approval, proof that
the foregoing provisions have been satisfied.
5. Prior to environmental review approval of construction plans as set forth within
Chapter 27, Broward County Code of Ordinances, by the Development Management
Division for the first building permit for construction or erection of the first residential unit on
the Property, Declarant shall:
(a) provide to County the amount of not to exceed One Hundred Fifty Thousand Dollars
($150,000.00) towards the purchase of Advanced Transportation Management
Systems software to mitigate the net trips generated by the Land Use Plan
Amendment, and
(b) conduct an archaeological survey of the Property.
Declarant shall obtain and provide County as part of its environmental review application,
;000D4M.DM vA 3502007 lo:oi Am)2
cHN # 107290907, OR BK 44460 PG 1759, Page 3 of 16
with proof that the foregoing provisions have been satisfied.
6. Prior to submission of a site plan of the Property to City for review, Declarant shall
(a) submit to City proposals for the installation of traffic calming devices within the
Property and the neighborhood streets adjacent to the Property and, upon approval
of the traffic calming devices by City, install such traffic calming devices at
Declarent's expense up to One Hundred Twenty Five Thousand Dollars
($125,000.00) in connection with development of the Property; and
(b) submit to City proposals for access to the Property for project construction
purposes. Upon approval of the construction access points by City, including
consideration of the City of Lauderdale Lakes' comments, Declarant agrees that all
construction traffic to and from the Property shall be limited to the designated
construction access points.
7. Prior to the issuance of the first certificate of occupancy for a residential unit within
relocated, the Declaration shall relocate the trees, especially those of specimen size and
quality. Further, if burrowing owls are present on the Property upon the commencement of
development, Declarant shall apply to the Florida Fish & Wildlife Conservation Commission
for a permit to relocate the owls.
9. Declarant agrees to contact the duty elected liaison of the Mainlands Section 4
homeowners association in a good faith attempt to discuss and reach an agreement with
that association regarding the concerns of that association relating to the proposed
development of the Property.
10. Declarant shall only conduct construction activities on the Property on weekdays
from 8:00 a.m. to 6:00 p.m., and on Saturdays from 8:00 a.m. to 1:00 p.m. Absolutely no
construction activities shall occur on the Property on Sundays. Declarant shall, at it sole
expense, repair any roads which are damaged as a result of the construction traffic to the
Property. Declarant further agrees that its plans for development of the Property shall
include, and Declarant shall install and pay for, sound walls along the Florida Turnpike in
any area(s) abutting the Property where sound walls are not constructed by the Florida
Turnpike Enterprise. Declarant agrees that the sound walls it constructs shall be of the
same height as those constructed by the Florida Turnpike Enterprise immediately to the
north and south of those constructed by Declarant.
{0000wNDOC}AYMM7 io:oiAm) 3
CFN # 107290907, OR BK 44460 PG 1760, Page 4 of 16
11. County and City are the beneficiaries of these covenants and restrictions, and as
such, the County or the City, alone or collectively, may enforce these covenants and
restrictions by action at law or in equity, including without limitation, a decree of specific
performance or mandatory or prohibitory injunction, against any person or persons, entity
or entities, violating or attempting to violate the terms of these covenants and restrictions In
addition, County and/or City may refuse to issue building permits, certificates of occupancy
or other required governmental approvals until Declarant, its successors or assigns come
into compliance with the terms of this Declaration.
12. Any failure of County and/or City to enforce these restrictive covenants shall not be
deemed a waiver of the right to do so thereafter. Any waiver shall only be applicable to the
specific instance to which it relates and shall not be deemed to be a continuing or future
waiver.
13. Applicable Law: Venue. This document shall be construed in accordance with the
laws of Florida and venue shall be in Broward County, Florida. �.
.r.�s�ecla a not h�e ipo ii Ho, wa�v�amenoed o9asea.
by the
in 0* public
15J R66ordatiofi and EifectlwDaThis De-la7atro`nof ResML*ve Counts shall not
be recorded in the Public Records of Broward County, Florida, and shall not become
effective until following the expiration of all appeal periods or, if an appeal is filed, the
conclusion of such appeal for the Land Use Plan Amendment changing the Land Use Plan
designation on the Property from Commercial Recreation to Low Medium (10 Dwelling
Units Per Acre). Once recorded, this Declaration shall run with the Property for the benefit
of County and City and shall bind all successors and assigns to title of the Property.
16. Mortgages. If there is a mortgage against the property described in Exhibit "A,
Mortgagee hereb agrees that a Mortgage it holds from Declarant recorded in Official
Records Book Page , of the Public Records of Broward County, Florida, all of
which encumbe the Property described herein, shall be and are subordinate to the
Restrictive Covenants set forth above.
17. Severability. If any court of competent jurisdiction shall declare any section,
paragraph or part thereof invalid or unenforceable, then such judgment or decree shall
have no effect on the enforcement or validity of any other section, paragraph or part
hereof, and the same shall remain in full force and effect.
IN WITNESS WHEREOF, Declarant and Mortgagee, if applicable, have executed
this Declaration of Restrictive Covenants as follows:
(OODDO"DOC VA 33W=7 io:a AM)4
CFN # 107290907, OR BK 44460 PG 1761, Page 5 of 16
Witnesses (if partnership):
(Signature)
Print name:
(Signature)
Print name:
Declarant
Prestige Homes of Tamarac, Inc.
ey
(Signature)
Print name:
Tide:�t
Address:n-i8o,
COra-L FL 33Dlns
day of , 20
ATTEST:
ORI � / A
� U
P •mt N e f
)
00 ED 7--\ v 1-7
COUNTY OF )
The foregoing instrument was acknowledged before me this 2"' day of
J4l 2061, by as " re---.AC'k of
corporation, on behalf of the
corporatoe. He or she is:
[ ✓jpersonally known to me, or
[ ]produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal) � `•� • � e.+.`
My commission expires: Pri'n/ ame:
/Im =- LOSS
Kim I. Loss
Cron #DD338964
F�cpires: A 02, 2008
•'�OF Adwtic�BooinMC0JM-
J00004"DOC VA 313W W7 1"i Am)5
CFN # 107290907, OR BK 44460 PG 1762, Page 6 of 16
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
{000049661= vA 300/2007 10-01 AM}
CFN # 107290907, OR BK 44460 PG 1763, Page 7 of 16
LEGAL OESCRIPT10N:
A PORTION OF TRACTS 6, 11, 12, 13. AND 14 OF SECTION 13, TOWNSHIP
49 SOUTH, RANGE 41 EAST, FORT LAUDERDALE TRUCK FARMS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. -
BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY
LINE OF THE SUNSHINE STATE PARKWAY AND THE SOUTH LINE OF SAID
SECTION 13, THENCE SOUTH 8915'42' EAST ALONG SAID SOUTH LINE
OF SECTION 13, A DISTANCE OF 429.36 FEET; THENCE NORTH 00'44'18'
EAST, A DISTANCE OF 520.00 FEET: THENCE SOUTH 8915'42' EAST, A
DISTANCE OF 85.00 FEET: THENCE NORTH 00'44'18' EAST. A DISTANCE
OF 275.88 FEET: THENCE NORTH 60'44'18' EAST, A DISTANCE OF
237.59 FEET; THENCE NORTH 2915'42' WEST, A DISTANCE OF 85.00
FEET. THENCE NORTH 60'408' EAST, A DISTANCE OF 498.61 FEET TO
A POINT ON THE ARC OF A CIRCIILAR CURVE CONCAVE TO THE EAST
AND TO SAID POINT A RADIAL LINE BEARS SOUTH 70'41'33' WEST;
THENCE NORTHERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF
819.00 FEET, A CENTRAL ANGLE OF 5712'09' AND AN ARC LENGTH OF
553.17 FEET TO A POINT OF COMPOUND CURVATURE OF A CIRCULAR
CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG
SAID CIRCULAR CURVE HAVING A RADIUS OF 7105.44 FEET, A CENTRAL
ANGLE OF 0573'51' AND AN ARC LENGTH OF 79149 FEET; THENCE
NORTH 3817'30' EAST PARALLEL WITH AND 383 FEET EAST OF, AS
r N A RIfP MICE OF, HE - 0
c
tU OF A L R RYE C AE
Itl 6 7.00 OF 0 D
340. H TH 33'1 A
15. A ON E EAST WAY .
78 P Y; CE SOUTH ��
$T OF 8 iH DINT OF R ATURE jA��l I
\l dJ C THENCE'
WA E Y AL U G
7 .44 A OF &XAN A IGIN
OF 2.960.89 FEET TO THE POINT OF BEGINNING, THE LAST TWO (2)
CALLS BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF
SUNSHINE STATE PARKWAY.
1
CFN # 107290907, OR BK 44460 PG 1764, Page 8 0£ 16
(00005257.DOC v.I 5nJ2007 02:34 PM)
CFN # 107290907, OR BK 44460 PG 1765, Page 9 of 16
Return recorded copy to (enclose
self-addressed stamped envelope):
'.Name:
Address:
This Instrument Prepared by:
I S CO N TS
the laws of the State of Florida, with a post office address of 7525 N.W. 88'h Avenue, Tamarac,
Florida 33321-2401 ("City").
WHEREAS, Declarant is the fee simple owner of certain lands located in Broward
County, Florida, more particularly described in Exhibit "1," attached hereto and made a part
hereof ("Property"), said Property being located within the City; and
WHEREAS, Declarant applied for approval from the County and City of amendments to
the County Land Use Plan, PC 06-29, and the City Land Use Plan, 2-LUA-06, respectively, to
change the Property's land use designation from Commercial Recreation to Low Medium (10)
Residential:
WHEREAS, Declarant proposes to construct up to 232 residential units on the Property;
and
WHEREAS, in connection with such approval, Declarant voluntarily agreed to enter into
this Declaration regarding the provision of Workforce Housing Units (as hereinaftcr defined) on
the Property; and
NOW, THEREFORE, Declarant agrees and covenants to the following:
RECITALS. The above recitals are true and correct and are incorporated herein.
:0000539 L DOC, 16i2522W7 02:27 PM {
c N # 107290907, OR BK 44460 PG 1766, Page 10 of 16
2. OBLIGATION OF DECLARANT. Declarant shall offer for sale to the public a
minimum of thirty five (35) Workforce Housing Units (as hereinafter defined) to be constructed
on the Property consisting of two -bedroom townhouse units selected by the Declarant. Prior to
the issuance of the first building permit for the Property, the Declarant shall provide to the City,
and record in the Public Records of Broward County, Florida, a document which designates the
specific residential units, consisting of two -bedroom townhouse units selected by the Declarant,
to be constructed on the Property as Workforce Housing Units. The Workforce Housing Units
shall be evenly dispersed throughout the townhouse portion of the Property and such Workforce
Housing Units shall be proportionate in size to the market rate townhouse units.
3. QUALIFICATION OF WORKFORCE UNIT AND PURCHASER. For the
purpose of satisfying this Declaration, a Workforce Housing Unit shall mean that each such
residential unit so designated shall be offered for sale by the Declarant for a purchase price
(`Base Purchase Price") that does not exceed the greater of (i) $229,000.00 per residential unit;
or (ii) the applicable maximum sales price for Workforce Housing Units as determined for
Brow_( oqn y or, a feed des cd er u i erson sBall earl a
n al e o h tal an a hous i s e th t� o s not exce� l 0° e
m loan ual n oru ted i ize f h us hP s i in oward �y� 1 ri�a,
an a roe thd-Gity of T ara .
r �
I�
le-asa t'on
width of at least thirty-two (32) inches; (c) washroom on the entry-level floor; (d) hallways at
least thirty-six (36) inches wide on the entry-level floor; (e) reinforcements in the bathroom walls
for the future installation of grab bars; (f) accessible climate controls (between fifteen (15) and
forty-eight (48) inches above the floor); and (g) lever handles on doorways.
5. LIMITATION ON SALE OF WORKFORCE UNIT. Any person who purchases
a Workforce Housing Unit must occupy such Workforce Housing Unit as a principal residence.
Any owner of a Workforce Housing Unit who sells such unit within fifteen (IS) years after the
first purchase of such Workforce Housing Unit by a Qualified Person shall sell such Workforce
Housing Unit for a price not in excess of the sum of: (a) the purchase price paid by such seller
for purchase of the Workforce Housing Unit; (b) ordinary and reasonable closing costs paid by
the seller; and (c) an amount equal to the greater of (i) 2% of the Base Purchase Price per annum
for the period the seller owned the Workforce Housing Unit; or (ii) the increase in the All Items
Consumer Price Index, All Urban Consumers, Miami -Fort Lauderdale MSA, as published by the
U.S. Department of Labor for such period.
6. NOTICE OF SALE TO BE PROVIDED TO CITY. At such time as an owner of
a Workforce Housing Unit determines to sell such unit within the fifteen (15) year period
described in Section 5 hereof, the owner shall provide written notice to the City's Director of
Community Development by certified mail, return receipt requested, and request that the City
present a Qualified Person or Persons to purchase the Workforce Housing Unit for the selling
price provided in Section 5 hereof. If within forty-five (45) days, the City is unable to procure
100005391 .[XXC v.1 6252007 0227 PM j I
CFN # 107290907, OR BK 44460 PG 1767, Page 11 of 16
the execution of a purchase and sale contract by a Qualified Person or Persons under the terms of
Section 5 hereof, then the seller may sell the Workforce Housing Unit to any person subject to
the purchase price limitations set forth in Section 5 hereof. In such event, prior to conveyance of
the Workforce Housing Unit, the seller shall provide to the City a copy of the executed purchase
and sale contract demonstrating compliance with the purchase price limitations set forth in
Section 5 hereof.
7. SEVERABILITY. If any court of competent jurisdiction shall declare any
section, paragraph, or part hereof invalid or unenforceable, then such judgment or decree shall
have no effect on the enforcement or validity of any other section, paragraph or part hereof, and
the same shall remain in full force and effect.
8. ENFORCEMENT OF RESTRICTIVE COVENANTS BY CITY. The City of
Tamarac is the beneficiary of these restrictive covenants and as such, may enforce these
restrictive covenants by action at law or in equity against any person or persons, entity or
entities, violating or attempting to violate the terms of these restrictive covenants. Any failure of
en tncti a c is sh
e of thenht o0
� -
thereafter. OkDA-flON. laratI � C
3r(i ndo J,,f Tri eo ha]I const a o e7®rh
�l do a i h e f I�' rce anc d i ding up the un a sign T re ti 'es, a to succ ss nIe s oYid in. all th estric " e co ant sforth her m ncumbe , Festrict affe,y way
whatsoever, any of the other residential units constructed on the Property, other than the
Workforce Housing Units.
10. ENTIRE AGREEEMENT. This Declaration constitutes the entire agreement,
with regard to the subject matter contained herein, and may only be amended, modified or
released with the consent of the parties.
11. AUTHORITY OF DECLARANT. The undersigned hereto expressly covenants
{0000539] DOC v] 6.!25i2007 02:27 PM)
CFN # 107290907, OR BK 44460 PG 1768, Page 12 of 16
and represents that he/she has the authority to enter into this Agreement and so bind the
Declarant.
IN WITNESS WHEREOF, the undersigned has caused this Declaration to be executed
this day of 2007.
DECLARANT
Witnesses: Prestige Homes of Tamarac, Inc.
(Signature)
Print name:
By
(Signature)
Print name:
Title:
Address:
TitAT
n
�� 2007/��
E
jt6RT C RATE StED
�/�
( t ignat r) �� 7 j )
Pnnf{lame of Secretary:
ACKNOWLEDGMENT: CORPORATION/PARTNERSHIP
STATE OF )
) SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2007, by as
of a
corporation/partnership, on behalf of the corporation/partnership. He or she is:
[ ]personally known to me, or
[ ]produced identification. Type of identification produced
NOTARY PUBLIC:
(Seal)
My commission expires: Print name:
100005391.DOC vA 6/25/2007 0227 PM( (
CFN # 107290907, OR BK 44460 PG 1769, Page 13 of 16
EXHIBIT "I"
LEGAL DESCRIPTION
{00005391.DOC,A 6/25/2007 02:27 PM}
CFN # 107290907, OR BK 44460 PG 1770, Page 14 of 16
LEGAL DESCRIPTION:
A PORTION OF TRACTS 6, 11, 12, 13. AND 14 OF SECTION 13. TOWNSHIP
49 SOUTH, RANGE 41 EAST, FORT LAUDERDALE TRUCK FARMS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 4; PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT—OF—WAY
LINE OF THE SUNSHINE STATE PARKWAY AND THE SOUTH LINE OF SAID
SECTION 13, THENCE SOUTH 89'15'42" EAST ALONG SAID SOUTH LINE
OF SECTION 13, A DISTANCE of 429.36 FEET; THENCE NORTH 00'44'18"
EAST, A DISTANCE OF 520.00 FEET; THENCE SOUTH 89'15'42' EAST, A
DISTANCE OF 85.00 FEET; THENCE NORTH 00'44'18" EAST, A DISTANCE
OF 275.88 FEET; THENCE NORTH 60'44'18' EAST, A DISTANCE OF
237.69 FEET; THENCE NORTH 29'15'42" WEST, A DISTANCE OF 85.00
FEET; THENCE NORTH 60'44'18" EAST, A DISTANCE OF 498.61 FEET TO
A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE EAST
AND TO SAID POINT A RADIAL LINE BEARS SOUTH 70'41'33" WEST;
THENCE NORTHERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF
619.00 FEET, A CENTRAL ANGLE OF 51'12'09' AND AN ARC LENGTH OF
553.17 FEET TO A POINT OF COMPOUND CURVATURE OF A CIRCULAR
CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG
SAID CIRCULAR CURVE HAVING A RADIUS OF 7106.44 FEET, A CENTRAL
ANGLE OF 0673*51' AND AN ARC LENGTH OF 793.49 FEET; THENCE
' EA WTH T
E GHT THE I F— LI E OF
j
ESHIT PA
TU E
A , TAN 4 .6 FEE
C
E POINT
ST,
ASTE
AID L CliR1�l#AVING
L/�
97.
F 1 1
IS AFADIS
CEN L A
N
A P
OF 07'14'3).'- 00 A L- �
38'33'1 N`
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I�
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AA
THENCE S 38 j
lug
WE T.T "0F19 81
E R OF -A
S
� EN
SOUTHWESTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF
7489.44 FEET, A CENTRAL ANGLE OF 22'48'16" AND AN ARC LENGTH
OF 2,980.89 FEET TO THE POINT OF BEGINNING, THE LAST TWO (2)
CALLS BEING COINCIDENT WITH THE EAST RIGHT—OF—WAY LINE OF
SUNSHINE STATE PARKWAY.
CFN # 107290907, OR BK 44460 PG 1771, Page 15 of 16
EXHIBIT "C"
CEN # 107290907, OR BK 44460 PG 1772, Page 16 of 16
A PORTION OF TRACTS 13 AND 14 OF SECTION 13, TOWNSHIP 49
SOUTH, RANGE 41 EAST, FORT LAUDERDALE TRUCK FARMS SUBDIVISION,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4,
PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE
OF THE SUNSHINE STATE PARKWAY AND THE SOUTH LINE OF SAID
SECTION 13; THENCE SOUTH 89'15'42" EAST, ALONG THE SOUTH LINE
OF SAID SECTION 13, A DISTANCE OF 619.39 FEET; THENCE NORTH
00'44'18' EAST, A DISTANCE OF 375.00 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 89'15'42" EAST, A DISTANCE OF 1294.00
FEET; THENCE NORTH 00'44'18" EAST, A DISTANCE OF 455.82 FEET;
THENCE NORTH 89'75'42" WEST, A DISTANCE OF 437.11 FEET TO THE
POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF
495.00 FEET, A CENTRAL ANGLE OF 23'07'48' AND AN ARC LENGTH OF
199.83 FEET; THENCE SOUTH 60'44'18" WEST, A DISTANCE OF 334.30
FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE
TO THE NORTH; THENCE WESTERLY ALONG SAID CIRCULAR CURVE
HAVING A RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 8959'54"
AND AN ARC LENGTH OF 204.20 FEET; THENCE NORTH 29-15-42" WEST,
A DISTANCE OF 145.00 FEET; THENCE SOUTH 60'44'18" WEST, A
DISTANCE OF 225.57 FEET TO THE POINT OF CURVATURE OF A
CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHERLY
ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 25.00 FEET, A
N AL OF 6 ' 0'0 ' ND AN C GTH 6.1
CE !00'441 "-' 015T N i El
\\
TH 9 EAST, A E OF `T;THE SG S
T Pj)
/ `
IR.� -- r
1 FFORT
OF C� g 1�� Al ORT LAU�DALE TfU C� IED
\
DIM O1��F(X:�-Sl S 0 P 49 SODUUIH% RAKE 4��
[PE�THE HP. EO AS RE U DIN 4. PA=1 OFE'
PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE
OF THE SUNSHINE STATE PARKWAY AND THE SOUTH LINE OF SAID
SECTION 13; THENCE SOUTH 89'15'42 EAST, ALONG THE SOUTH LINE OF
SAID SECTION 13, A DISTANCE OF 2,013.36 FEET; THENCE NORTH
00'44'18" EAST. A DISTANCE OF 495.00 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 59'14'10" EAST, A DISTANCE OF 70.00 FEET
TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE
SOUTH; THENCE EASTERLY ALONG SAID CIRCULAR CURVE HAVING A
RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 87-26'48' AND AN ARC
LENGTH OF 190.78 FEET; THENCE SOUTH 89'15'42' EAST, A DISTANCE
OF 1084.88 FEET; THENCE NORTH 00'11'59' WEST PARALLEL WITH AND
375.00 FEET WEST OF. AS MEASURED AT RIGHT ANGLES TO, THE EAST
LINE OF THE AFORESAID TRACT 15, A DISTANCE OF 173.55 FEET TO
THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE
SOUTHWEST, THENCE NORTHWESTERLY ALONG SAID CIRCULAR CURVE
HAVING A RADIUS OF 165.00 FEET, A CENTRAL ANGLE OF 89'03'43"
AND AN ARC LENGTH OF 256.48 FEET; THENCE NORTH 89'15'42" WEST,
A DISTANCE OF 1,145.63 FEET; THENCE SOUTH 00'44'18' WEST, A
DISTANCE OF 335.82 FEET TO THE POINT OF BEGINNING.
INSTR # 112625760, OR BK 51220 PG 1099, Page 1 of 7, Recorded 11/04/2014 at E;%l�le�
03:55 PM, Broward County Commission, Deputy Clerk 2150
Prepared by, Record and Retum to
Richard G. Coker, Jr.
Coker & Feiner
1404 S. Andrews Avenue
Ft. Lauderdale, FL 33316
AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
This Amendment to Declaration of Restrictive Covenants ("Amended
Declaration") is entered into as of this v2 JP day of 2013, by
LDC MONTEREY VENTURES, LLC, a Florida limited liabili company, ("Declarant")
whose address is 550 Biltmore Way, Suite 1110, Coral Gables, Florida 33134, its
successors and assigns, for the benefit of the City of Tamarac, a Florida municipal
Nd
hose,a�d�re�ss is 2� N".88� ue aria a 333+,("C�")
d Brhunt a�olitic 1 i3rvi�ton o t ii t t� pf F itida hose addos� is l 1
S th '�1v ue ort L4 derdi �� Flor �a�i 3 ty" .
�� SERE �arar}t i�t�h ee t l o r of that Ip 0 1Fret"D
n tliei bf apt lortda IandL e�c dinibit "A'a*° i
e „), an
_1
WHEREAS, in connection with Land Use Plan Amendment Application PC 06-
29 ("Application") to change the Property's Land Use Plan designation from Commercial
Recreation to Low Medium (5 -10 Dwelling Units Per Acre) Residential, Declarant's
predecessor -in -interest to the Property entered into that certain Declaration of Restrictive
Covenants recorded in Official Records Book 44460, Page 1757 ("Declaration")
restricting utilization of the Property and establishing certain affirmative obligations on
Declarant a set forth therein; and
WHEREAS, Declarant desires to amend the Declaration to reduce density upon
the property, modify the proposed unit mix and amend the timing and terms of certain
obligations.
NOW, THEREFORE, and in consideration for the mutual promises and covenants
contained herein, Declarant hereby declares that the Property shall be owned, held, used,
transferred, sold, conveyed, demised and occupied subject to the covenants, restrictions
and regulations hereinafter set forth, all of which run with the Property and any part
thereof and which shall be binding upon all parties having any right, title or interest in
such property or any part hereof, their heirs, successors and assigns.
1. Recitals. The above recitals are true and correct and are incorporated
hereby by reference.
Appt-.veat 13CC i J A (,(9 5
Submitted By EP M 1 —,Tlu A - fit Y10,
RETURN TO DOCUMENT CONTROLt`r&,e
INSTR # 112625760, OR BK 51220 PG 1100, Page 2 of 7
2. Paragraph 2 of the Declaration is amended in its entirety as follows:
Property Development. Declarant hereby restricts development of
the Property to not more than Two Hundred Twenty-five (225) residential dwelling units,
consisting of sixty-one (61) single family units and one hundred sixty-four (164)
townhouse units. Declarant agrees that this restriction constitutes a limitation on the
number of units which Declarant has agreed to construct on the Property and that it shall
not seek to increase the number of allowable units set forth herein through an application
for flexibility units.
3. Paragraph 3 of the Declaration is amended in its entirety as follows:
Affordability. Declarant shall pay to the City an affordable housing
impact fee of One Thousand Dollars ($1000.00) per unit for each unit constructed on the
Property. This fee shall be payable by the Declarant to the City on a permit by permit
basis.
Pa,"h 4(b) tiprr\il endO yn it entirety ,is./f�p�jows '
`Deelaant sh pa a municipal services fe ot�bur`f undred
1 ous nd-Doll4rio 00,0" t{xo the, itb to used fot murttartra es�s cludiwx
fdoYWi�tistandiRg an}t_qth�ei bNLgiolf rn t_}i�s agrap'IL Che ,f roHded for Lin
Paragraph 4(b) shall be payable by the Declarant to the City on a permit by permit basis
for each unit constructed on the Property.
Paragraph 6(a) of the Declaration is amended in its entirety as follows:
Prior to issuance of the first building permit for construction of the first
residential unit on the Property, Declarant shall place One Hundred Twenty-five
Thousand Dollars ($125,000.00) into the City's escrow account ("Escrowed Funds") to
be used for a traffic calming study and any recommended traffic calming improvements
resulting from foreseeable traffic impacts to the roadway system within Mainlands
Sections 1, 2, 3, 4 and 5. Following installation of such improvements, and any further
traffic calming studies, any unused portion of the Escrow Fund shall be returned to
Declarant six (6) months following issuance of the final certificate of occupancy for the
Project.
6. Paragraph 7 of the Declaration is amended in its entirety as follows:
Declarant shall pay a water and sewer impact fee of One Hundred Twenty-five thousand
Dollars ($125,000.00) to the City for impacts anticipated from the Application to upgrade
the City's water and sewer system in the vicinity of the Property. This fee shall be
payable by the Declarant to the City on a permit by permit basis for each unit constructed
on the Property.
INSTR # 112625760, OR BK 51220 PG 1101, Page 3 of 7
7. City and County acknowledge and accept the terms of this Amended
Declaration in accordance with Paragraph 14 of the Declaration.
8. Except to the extent modified herein, the Declaration is hereby ratified and
reaffirmed and shall remain in full force and effect against Declarant, its successors or
assigns, and the Property for the benefit of the City and County.
(SIGNATURES ON FOLLOWING PAGES)
�,
/7�
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Z�L
INSTR # 112625760, OR BK 51220 PG 1102, Page 4 of 7
IN WITNESS WHEREOF, Declarant has executed this Amendment to
Declaration of Restrictive Covenants as follows:
Signed, sealed and delivered
In the presence of:
117y'llhirce.
LDC MONTEREY VENTURES, LLC,
a Fl ri liability comp
By:� ITT Ep -,an �A
Print\b&W. —Mi—nuerg.'Mato
Print Title: Vice President
Address: 550 Biltmore Way, Suite 1110
Coral Gables, FL 33134
FLI
S T"F ORII)k---/
�O Y,&F BR RD
� 11fe foregoing instrumentinstrument was ackro\ e "ge before--metlii /Kay o
September _, 2013, by Manuel M. Mato as Vice President
of LDC Monterey Ventures, LLC. He/She is personally known to me or has produced
as identification.
NOTAr P� LIC, STA E OF FLORIDA
My Commission Expires:
CL= L. DIZZ
'Ai Notary Pubk - State of Florida
of
I
0; 015
My Comm. Expires 00,30.2015
0W C0011148oWn # EE 134194
n
57 BOOM TW-0 N9WW Notary Ann.
INSTR # 112625760, OR BK 51220 PG 1103, Page 5 of 7
BROWARD COUNTY
ATTEST:
ounty Administrator and
Ex-Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
AA
OCI
.qoC
BROWARD CqVNTY, through its
BOARD OFeOVNTY COMMISS.
B : .r
Y ' Lf Mayor .
I
day of V&"60,"- , 2014
Approved as to Form by Office of County
Attorney, Broward County, Florida
6v rise uU 423
I "U h Andre4 enue
0A,v u aYe FL 3301
T hone: 5�4�35�7-76
I % \ � "�
Gw
Assistant County Attorney
Mae
31 day of [9c4- 4i , 2014
INSTR # 112625760, OR BK 51220 PG 1104, Page 6 of 7
jpMAq
D CITY OF TAMARAC
ex-\ 12r
C3165 :0Z
ATTESV 4 4COO MICHAEL C. CERNECH,
I / / CITY MANAGER
PATRICIA TEUFEJj CITY CLERK
APPROVED �AS TO FORM:
BY: LK"
F THE CITY ATTORNEY
FLI
F1
INSTR # 112625760, OR BK 51220 PG 1105, Page 7 of 7
EXHIBIT "A"
LEGAL DESCRIPTION
All of MONTEREY BY PRESTIGE, according to the plat thereof, as recorded in Plat
Book 178, Page 119 of the Public Records of Broward County, Florida
Return recorded copy to:
Dunay, Miskel and Backman, LLP
14 S.E. 4'h Street, Suite 36
Boca Raton, Florida 33432
Document Prepared By:
Scott Backman, Esq.
Dunay, Miskel and Backman, LLP
14 5.E. 4th Street, Suite 36
Boca Raton, Florida 33432
SECOND AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
This Second Amendment to Declaration of Restrictive Covenants ("Second Amendment") is
entered into as of this day of . 2015 by PALM COVE HOLDINGS, LP, a Delaware
limited partnership, ("Declarant") whose address is 848 Brickell Avenue, Penthouse 1, Miami, Florida,
33131, its successors ad assigns, for the benefit of the City of Tamarac, a Florida municipal corporation,
whose address is 7525 N.W. 88th Avenue, Tamarac, Florida_33321 ("City") and Broward County, a
political subdivision of the State of Florida, whose address is 115 South Andrews Avenue, Fort
Lauderdale, Florida 33301 ("County").
WHEREAS, Declarant is the fee title owner of that certain parcel of land located in the City of
Tamarac, Florida, and described in Exhibit "A," attached hereto ("Property"); and
WHEREAS, in connection with Land Use Plan Amendment Application PC 06-29 ("Application")
to change the Property's Land Use Plan designation from Commercial Recreation to Low Medium (5-10
Dwelling Units Per Acre) Residential, Declarant's predecessor -in -interest to the Property entered into
that certain Declaration of Restrictive Covenants recorded in Official Records Book 44460, Page 1757
("Declaration") restricting utilization of the Property and establishing certain affirmative obligations on
Declaration as set forth therein; and
WHEREAS, Declarant's predecessor -in -interest to the Property entered into that certain
Amendment to Declaration of Restrictive Covenants recorded in Official Records Book 51220, Page 1099
("First Amendment") to reduce density upon the Property, modify the proposed unit mix, establish an
affordable housing impact fee payable to the City and amend the timing and terms of certain
obligations.
WHEREAS, Declarant desires to further amend the Declaration to reduce density upon the
Property, modify the proposed unit mix and agree to install a monument sign in the general location of
Commercial Boulevard and N.W. 47 Terrace to identify both the Mainlands residential development as
well as the Trails at Central Parc development
NOW, THEREFORE, and in consideration for the mutual promises and covenants contained
herein, Declarant hereby declares that the Property shall be owned, held, used, transferred, sold,
conveyed, demised and occupied subject to the covenants, restrictions and regulations hereinafter set
forth, all of which run with the Property and any part thereof and which shall be binding upon all parties
having any right, title or interest in such Property or any part thereof, their heirs, successors and assigns:
1. Recitals. The above recitals are true and correct and are incorporated herein by reference.
2. Paragraph 2 of the Declaration is amended in its entirety as follows:
Property Development. Declarant hereby restricts development of the Property to not
more than two hundred fourteen (214) single family residential dwelling units. Declarant agrees
that this restriction constitutes a limitation on the number of units which Declarant has agreed
to construct on the Property and that is shall not seek to increase the number of allowable units
set forth herein through an application for flexibility units.
3. Paragraph 4 of the Declaration is amended to create paragraph 4(e) as follows:
(e) Declarant hereby agrees to install a monument sign at Declarants sole expense and as
approved by the City, in the general location of. Commercial Boulevard and N.W. 47 Terrace,
within the City's right of way, to identify both the Mainlands residential development as well as
the Trails at Central Parc development, prior to the first certificate of occupancy for the Trails at
Central Parc development.
4. City and County acknowledge and accept the terms of this Second Amendment is accordance
with Paragraph 14 of the Declaration.
S. Except to the extent modified herein, the Declaration and First Amendment are hereby ratified
and reaffirmed and shall remain in full force and effect against Declarant, its successors or
assigns, and the Property for the benefit of the City and County.
[Remainder of page intentionally left blank]
IN WITNESS WHEREOF, Declarant has executed this Third Amendment to Declaration of Restrictive
Covenants as follows:
Signed, sealed and delivered
in the presence of:
WITNESS:
f �'O
rin me: E{ Udt
Print name: uLrYJSCt44 iY1 yl��'r
STATE OF FLORIDA
COUNTY OF C%lG y-(
Palm Cove Holdings, LP, a Delaware limited liability company
By: 13T" FLOOR PALM COVE DEVELOPER, LLC,
a Delaware limited liability company,
its sole General Partner
i
By:
Arnaud Karsenti, Manager
The foregoing instrument was acknowledged before me this 8 day of -f(U 2016,
by Arnaud Karsneti, Manager of 13T" FLOOR PALM COVE DEVELOPER, LLC, a Delaware limi ed liability
company, General Partner of PALM COVE HOLDINGS, LP, a Delaware limited partnership, on behalf of said
entities. He is personally known to me or has produced as identification.
Seal`
Notary Public, S ate of Florida j
�1%""1110", My commission expires:
`1,119 .?RO& Lindsay M Rayner f
*; *_ COMMISSION #FF922054
EXPIRES: September 27, 2019
www.AARoNNOTARY.COM
Joinder & Consent
Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit "A" hereby
consents and joins in for the purpose of agreeing that its mortgage shall be subordinated to the foregoing
Agreement.
Witnesses (if partnership):
ignature)
Print Nam
(Sign4urej
0
Print name: -.�-
top
STATE OF FLORIDA
"I
COUNTY OF ' C'e at
Branch Banking and Trust Company
By:
Print name: VJ
��t`G..'s-�
Title: i 4--N
Address:
- Y' r- -,
_1C day of A`.-� 2016
`4�, The for oing instrument was acknowledged before me this Ia day of i- , 2016,
by 4V)'�I W - V? of BRANCH BANKING AND TRUST COMPA Y, a North
Carolina corporation, who is V personally known to me or has produced as
identification.
C41A � 0 1
MICHELLE TANOMM Notary Public, State Florida
MY COMMISSION 0 FF244222 My commission expires:
EXPIRES June 25. 2019
�.oi a3e-o+s� .eoa�
BROWARD COUNTY
ATTEST:
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
County Administrator and
Mayor
Ex-Officio Clerk of the Board of
County Commissioners of
Broward County, Florida
day of .2015
Approved as to Form by Office of County Attorney
Broward County, Florida
Government Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
By
Assistant County Attorney
Day of 2015
CITY OF TAMARAC
ATTEST: Cl OF TAMARAC, through its
CITY COMMISSION
By -- Ik 6A&V
Michae C. Cernech, City Ma ager Harry Do6ssTer, Wayor
° day of 2015
Pat Teufel; City k
Approved as to Form and legal sufficiency by
p,%4AR/�����i City Attorney
Goren, Cheroff, Doody & Ezrol
3099 E. Commercial Boulevard
��C) p — Fo au erdale, Florida 3308
M A 1g.0Z
lo
0 . � yS Goren, City Attorney
Day of , 2015