HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-035Temp. Reso. 12766
April 27, 2016
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R- 2016- 3�)
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE
A MAINTENANCE AGREEMENT BETWEEN THE
CITY OF TAMARAC AND ATLANTIC CYPRESS
CREEK, LLC; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac is charged with the responsibility of providing
and maintaining drainage, flowage, and storage of Stormwater within its geographical
boundaries; and
WHEREAS, the City owns property as more particularly described in "Exhibit A"
to the Maintenance Agreement ("Agreement") which is attached hereto as "Exhibit 1 ",
and is incorporated herein by this reference; and
WHEREAS, the Atlantic Cypress Creek, LLC ("Developer") wishes to make
improvements to property which, while not wholly situated within the geographical
boundaries of the City, must be accessed from within the City and has requested to
cross the City's Property and develop an access road across the City's Property in
order to access the Developer's Property and its Development; and
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Temp. Reso. 12766
April 27, 2016
Page 2
WHEREAS, the City agrees to permit the Developer to access its development
by granting a perpetual easement to cross and access the Developer's Property in
exchange for the Developer's Agreement that upon constructing the improvements,
the Developer will maintain the improvements upon the City's Property and maintain
the 40' drainage ditch of which the City Property is a portion thereof, a copy of said
Maintenance Agreement is attached hereto as "Exhibit 1 ", and is incorporated herein
by this reference; and
WHEREAS, the Director of Public Services and the Director of Financial Services
recommend approving the Maintenance Agreement between the City of Tamarac and
Atlantic Cypress Creek, LLC and authorizing the appropriate City Officials to execute
said Agreement; and
WHEREAS, the City Commission of the City of Tamarac deems it to be in the
best interest of the citizens and residents of the City of Tamarac to approve and
execute the Maintenance Agreement between the City of Tamarac and Atlantic
Cypress Creek, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
I
E
Temp. Reso. 12766
April 27, 2016
Page 3
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 and referenced herein are expressly
incorporated and made a specific part of this Resolution.
Section 2: The appropriate City Officials are HEREBY authorized to execute a
Maintenance Agreement between the City of Tamarac and Atlantic Cypress Creek,
LLC, and is hereto attached as Exhibit 1, which is incorporated herein by this reference.
Section 3: All 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. 12766
April 27, 2016
Page 4
Section 5: This Resolution shall become effective immediately upon its adoption
PASSED, ADOPTED AND APPROVED this °2' < day of , 2016.
fiARP,)i DRESSLER
MAYOR
ATTEST:
PATRICIA
• • • TEUFEL, MC
/
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL �✓
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
AMUEL S. -GOAEN
CITY ATTORNEY
a
n
INTER -OFFICE CORRESPONDENCE
MEMORANDUM NO.2016-037
TO: John Doherty, Assistant Public Works Director/City Engineer
CC: Jack Strain, Director of Public Services
Samuel S. Goren, City Attorney
(\
FROM: Julie F. Klahr, Deputy City Attorney z~, \
DATE: March 30, 2016
RE: City of Tamarac ("City")/Maintenance Agreement with Atlantic Cypress Creek,
LLC
Enclosed please find the ORIGINAL executed Maintenance Agreement between the City and
Atlantic Cypress Creek, LLC for their request to construct improvements in the City's easement
adjacent to their development in order to provide ingress and egress from their property. This
Agreement has been negotiated between the parties and the original was forwarded to our office
on the City's behalf. As you know, this matter is scheduled to be placed on the City Commission
Agenda for April 13, 2016.
Pursuant to our conversation yesterday, I instructed the attorney for Atlantic Cypress Creek, LLC
that they will need. to file all necessary paperwork in order to apply for the requested incursion
into the City's easement. It is my understanding that your office is communicating with them in
order to have them complete this application.
For purposes of facilitating moving this matter forward, please note that I have executed the
Management Agreement as to legal form to facilitate the City's final approval and execution of
this matter.
If I can be of any further assistance to move this matter forward, please do not hesitate to let me
know.
JFK:ecd
Enclosure
10012302&1 2704-0501640 )
MAINTENANCE AGREEMENT
4-t-
THItS MAINTENANCE AGREEMENT made and entered into this Z9 day of
yD1l 20t1 _, by and between the CITY OF TAMARAC, FLORIDA, a
municipal corporation of the State of Florida, with a business address of 7525 N. W. ggcn
Avenue, Tamarac, FL 33321, hereinafter referred to as the "City," and ATLANTIC CYPRESS
CREEK, LLC, a Delaware limited liability company with a business address of 1025 Kane
Concourse, Suite 215, Bay Harbor Islands, Florida 33154, authorized to do business in the State
of Florida, hereinafter referred to as the "Developer."
RECITALS
WHEREAS, the City is charged with the responsibility of providing and maintaining
drainage, flowage and storage of stormwater within its geographical boundaries; and
WHEREAS, the City owns property as more particularly described in EXHIBIT "A,"
("City Property"); and
WHEREAS, the Developer is developing that rental apartment project ("Development")
on the property, more particularly described in EXHIBIT "B," ("Developer Property") which,
while not wholly situated within the geographical boundaries of the City, must access its
Developer Property from within the City and has requested access to cross the City's Property
and develop an access road across City's Property in order to effectuate access to the Developer
Property and its Development; and
WHEREAS, the Developer desires to construct, maintain and operate the improvements
described on EXHIBIT "C" ("Improvements") upon the City Property and the adjacent portion
of the forty foot (40') ditch of which the City Property is a portion thereof; and
WHEREAS, the City agrees to permit Developer to access its Development by granting
a perpetual easement to cross and access the Developer Property with the Development in
exchange for Developer's agreement that upon constructing the Improvements the Developer
will maintain the Improvements upon the City Property and the "County Property" (as
hereinafter defined) which is the portion of the 40' drainage ditch adjacent to the City Property;
and
NOW, THEREFORE, in consideration of the mutual covenants and undertakings and
other good and valuable consideration the receipt and sufficiency of which is hereby
acknowledged, the parties do mutually covenant and agree as follows:
1. The City hereby grants and conveys onto Developer a perpetual non-exclusive
easement over the City Property ("ACC Easements") which is appurtenant to the Developer
Property, which ACC Easement(s) shall be (i) an easement for the installation, operation,
perpetual maintenance and repair of the Improvements (including drainage facilities) to be
constructed by Developer on the City Property and County Property; and (ii) an easement
providing the Developer Property ingress, egress and access over the City Property and any
Improvements thereon. Additionally, the City grants unto the Florida Department of
Transportation ("FDOT") and to Broward County, Florida a perpetual non-exclusive easement
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for ingress, egress and access over the City Property and any Improvements thereon which
easement is appurtenant to the property described on Exhibit A-1 ("County Property") and
FDOT's interest therein..
2. Developer hereby grants and conveys onto the City a perpetual non-exclusive
easement ("City Easement"), for ingress and egress over the portion of the Developer Property
described on EXHIBIT "D" ("ACC Easement Property").
3. Upon obtaining all appropriate governmental approvals for construction of the
Improvements, the Developer hereby agrees that it shall be responsible for and shall bear the cost
of constructing and maintaining in perpetuity the Improvements located on the City Property and
the adjacent County Property in good condition.
4. "Good condition" shall be that standard of care and maintenance as may be
established from time to time by the City and shall be deemed to include, but not limited to,
the control of weeds and other nuisance and invasive vegetation, control of erosion, and the
maintenance of slopes, depth, flowage and storage of water, aquatic vegetation, sodded slopes,
and percolation capacity of seepage areas affected by the Improvements.
5. The City will have the right and authority to enter upon and cross over the
Developer Property as reasonably required for the purpose of inspecting the City Property and
the Improvements thereon. In the event that the City determines that the maintenance of said
Improvements do not meet the standards established by the City, notice will be given by the City
to the Developer and the Developer will be given a period of fifteen (15) days from and after the
mailing of such notice within which to remedy such defect or obtain from the City, in writing, an
extension, for good cause shown, of the time within which to remedy such defect, failing either
of the foregoing, the City may, at its option, correct such defect for and on behalf of the
Developer.
6. In the event that the City is required to perform such maintenance on behalf of the
Developer, the City shall be deemed to have a lien against the Developer Property, which lien
will be inferior only to any existing first mortgage then encumbering said Developer Property, ad
valorem taxes, and such other liens, impositions and assessments as may be given priority by
applicable statues, and said liens shall be for all reasonable costs incurred by the City together
with interest thereon computed at 18 percent (18%) per annum. Any lien pursuant to this
paragraph shall be effective upon recording in the Broward County Public Records. In the
further event that the City is required to undertake further collection efforts or to otherwise
foreclose its lien, the City will be entitled additionally to receive its reasonable attorney's fees
and costs expended in connection with such foreclosure or collection procedure.
7. The Developer shall acquire any and all required permits (including renewal of
any such permits) as required by the appropriate governmental entities to construct, repair and
maintain such Improvements.
8. Should the Developer subdivide the Developer Property described in EXHIBIT
"B" hereto, the Developer's obligation to maintain shall devolve upon the individual purchasers
or the subdivided parcels, their heirs, successors, and assigns, and shall be a covenant to run with
the land. Regardless of whether or not the Developer subdivides such Developer Property, their
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obligation to maintain shall be binding upon its heirs, successors, and assigns, and shall be
covenant running with the land.
9. Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by registered United States mail, with return receipt requested, addressed to
the party for whom it is intended, at the place last specified, and the place for giving notice shall
remain such until it shall have been changed by written notice in compliance with the provisions
of this Article. For the present, the parties designate the following as the respective places for
giving of notice, to -wit:
For the Developer: Atlantic Cypress Creek, LLC
1025 Kane Concourse, Suite 215
Bay Harbor Islands, Florida 33154
Attn: Howard Cohen, President
With copy to: Greenspoon Marder P.A.
200 East Broward Boulevard, Suite 1800
Fort Lauderdale, Florida 33301
Attn: Barry E. Somerstein, Esq.
For the City: Michael C. Cernech, City Manager
City of Tamarac
7525 NW 88`h Avenue
Tamarac, FL 33321
(954) 597-3510
With Copies to: Jack Strain, Director, Public Services
City of Tamarac
9901 NW 77 Street
Tamarac, FL 33321
(954)597-3700
Samuel S. Goren, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd, Suite 200
Fort Lauderdale, FL 33308
(954) 771-4500
10. Amendment. No modification, amendment, or alteration of the terms and
conditions contained herein shall be effective unless contained in a written document executed
with the same formality and of equal dignity herewith.
11. Compliance with Laws. The Developer shall, without additional expense to the
City, be responsible for obtaining any necessary licenses and for complying with any and all
applicable federal, state, county and municipal laws, codes and regulations in connection with
the performance of the activities described herein.
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41483.0001
12. Third Party Beneficiaries. Neither the Developer nor the City intend to directly
or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are
no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a
claim against either of them based upon this Agreement. The parties expressly acknowledge that
it is not their intent to create any rights or obligations in any third person or entity under this
Agreement.
13. Waiver of Breach. Failure by either party to enforce any provision of this
Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A
waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of this
Agreement.
14. Indemnification. Developer agrees to indemnify and hold City harmless, to
extent provided by law, from any and all liability incurred now or in the future as a result of any
injury, death or property damages because of the failure to maintain the Improvements as
provided in this Agreement.
15. Severance. In the event this Agreement or a portion of this Agreement is found
by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be
effective.
16. Joint Preparation. The parties hereto acknowledge that they have sought and
received whatever competent advice and counsel as was necessary for them to form a full and
complete understanding of all rights and obligations herein and that the preparation of this
Agreement has been a joint effort of the parties, the language has been agreed to by parties to
express their mutual intent and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
17. Prior Agreements. This document incorporates and includes all prior
negotiations, correspondence, conversations, agreements, and understandings applicable to the
matters contained herein and the parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
18. Applicable Law and Venue. This Agreement shall be interpreted and construed
in accordance with and governed by the laws of the State of Florida. Any controversies or legal
problems arising out of this Agreement and any action involving the enforcement or
interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of
the Seventeenth judicial Circuit of Broward County, Florida. By entering into this Agreement,
the parties hereby expressly waive any rights either party may have to a trial by jury of any civil
litigation related to, or arising out of this Agreement. In any action to enforce the terms of this
Agreement, whether suit be brought or not, the prevailing party shall be entitled to reasonable
attorney's fees and costs.
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This agreement shall be placed of record among the Public Records of Broward County,
Florida, the Developer to bear the cost to record this Agreement.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
the day and year first above written.
CITY O&TIAMAARAAC
ATTEST: Vich!IC. Cernech, City Manager
(2a�'.N -Y
Patricia A. Teufel, CMC
City Clerk
OF
Date07
A
r,963
NTY
ATTEST: 1111100
0
Signature of Corporate Secretary
Type/Print e of Corporate Secy.
(CORPORATE SEAL)
25470623.6
41483.0001
4 - a-?- le/7
Date
Approved as to form and legal sufficiency:
City o ey
3 2i�1(
Date �—
ATLANTIC CYPRESS CREEK, L C
Fes. y
�9
Signature of Authorized Individual
Printed Name
Hy %A JCA c
Title
3- 2,2- 3.21 St
Date
5
STATE OF FLORIDA )
) ss:
COUNTY OF q1 ome, OWL)
he foregoing instrument was acknowledge before me this o2 5L da ,pf y
qct 2016, by 0WOrd CO�'iCP1 as yNU`f ho�ltd rn��r�(
of ATLANTIC CYPRESS CREEK, LLC, a Delaware limited liability company.
He or she is:
[� personally known to me, or
❑ produced identification. Typgtof itloq�ff cation produced
`���\Np W PAc�y,
NOTA Y PUBLIC
M Comm. E�p
F 643 1 iJ Q
(Seal) N0. f914as
NOTARY
PUBLICPrint name: id► /�L f Lz G h
My commission expires:
0
25470623.6
41483.0001
EXHIBIT "A"
REFERENCED IN THAT CERTAIN MAINTENANCE AGREEMENT BY AND
BETWEEN CITY OF TAMARAC, FLORIDA AND ATLANTIC CYPRESS CREEK,
LLC, DATED 21'_ O , 20 tb .
LEGAL DESCRIPTION OF CITY'S PROPERTY
The north 20'of the following described property:
FD)R: ATLANTIC / PAC*10 DEVELOPMENT
LEGAL DESCRIPTIe7N,'
SKETCH AND DESCRIPTION
ADJACENT CANAL.
Tiff WST 200.00 FEET, OF THE EAST 1061,35 FEET OF THE SOUTH 40.00 FEET, OF THE NORTH 1.031.0 FEET OF THE
SOUTHWEST ONE-OVARUR (SW1/4) OF SECTION 18, TO*N-' YIP 49 SOUTH RANGE 42 EAST DROWARD COUNTY. FLORIDA,
LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF ASST COMMERCIAL BOULEVARD (NW 50fh STREET.
SAID LANDS SITUA?r IN THE CITY OF TAAIARAC, BROWARO COUNTY. FLORIDA. CONTAINING 4003 SQUARE FEET OR 0.164
ACRES MORE OR LESS.
NOTES:
BEARINGS SHOWN HEREON ARE 8ASED ON AN ASSUMED MERIDIAN, THE CENTERLINE CF COMMERCIAL BOULEVARD (N.Wf 50Dh
STREET) IS ASSUMED TO BEAR NORTH 89' 56' 41" EAST
THIS SKETCH AND DESCRIPTTDN CONS7STS CIF 2 SHEETS AND EACH SWEET SHALL NOT Be CONSIDERED FULL, VALID AND
CaMPLET'E UNLESS ATTACHW TO THE OTTER.
TITLE NOTES.,
TITLE EXCEPTIONS LISTED BELOW ARE REFERENCED TO THE COW7UENT FOR TITLE PREPARED BY OLD REPUBLIC NATIONAL
TITLE INSURANCE COMPANY FILE NO.: 15061376 SWR, AGENT F7LE I FL DOT; EFFECTIVE DAM- MAY 18, 2015 AT &00 AM.
7 THE HEREON DESCRI80 PROPERTY 11 AFFECTED BY: DRAINAGE RMRVA77ONS CONTAINED IN DEED rRaV TRUSTEES OF THE
1NTERNAL IMPROVEMENT FUND RECORDED IN DEED BOOK 222, PAG 121. (NOT PLOTmap.
8. WE HEREON DESCRIBED PROPERTY aj= AFFECTED BY DRAINAGE RE ERVA77ON CONTAINED IN DEED FROM ARUSIT7:S OF
THE INTERNAL IMPROVEMENT FUND RECORDED IN DEED 900K 226 PACE 230,
9. THE HEREON DESCRIBED PROPERTY IS NOT AFFECTED BY, EASEMENT IN FAVOR OF AMERICAN TELEPHONE & TELEGRAPH
COMPANY IN FEED BONE 381, PAGE 369.
10. THE HEREON DESCRIBED PROPERTY M AFFECTED BN COVENANTS, RESTRICTIONS AND EASSIENTS CONTAINED IN SPECIAL
WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 8609, PAGE 54J. (AFFECT$ N, 20 FEET' OF CANAL, RESEkws
ACCESS TO LAKE TO THE SOUTH, (NOT PLOTTABLE}.
11. THE HEREON DESCRIBED PROPERTY AFFECTED BY: ORDINANCE NO. 83-12 REGARDING HEADWAY OFF7CE PARK
DEVELOPMENT OF REGIONAL IMPACT RE IN OFTTCLAL RECORDS BOOK 10774. PAGE 594: AS AFFECTED BY ORDIANCE N0,
94-17 RECORDED IN OFFICIAL RECORDS BOOK 2306Z PAGE 1746; AND M077CE OF AO0Pn040 OF AN AMENDMENT TO THE
HEADWAY OFFICE PARK DEVELOPMENT Or REGIONAL IMPACT ORDINANCE 97-16 RECORDED W OFFICIAL RECRRDS BOOK Z7482
PAGE 901,
13. THE HEREON DESCRIBED PROPERTY a NOT AFFECTED BYY TERMS AND CONDITIONS Or THE MASTER DEVELOPMENT
ACREEMCNT TOGETHER M M EASEMENTS AND PRORSIONS FOR ASSESSMENTS CONTAINED IN OFFICIAL RECORDS BOOK 11899.
PAOE 556; AS AFFECTED BY ORDINANCE NO 94-17 RECORDED IN OFFICIAL RECORDS BOOK 2J06Z PAGE 178.
14. THE HEREON DESCRIBED PROPERTY a AFFECTED BY, DRAINAGE EASEMENT IN FAVOR OF BROWARO COUNTY AND STATE
ROAD DEPARTItW OF PIE STATE OF FLOAVA BY FINAL JUDGMENT IN CASE Na L-•64-902 RECORDED IN CIRCUIT COURT
MINUTE 800K 96, PAGE 220 AND FINAL 1UDGMENT IN CASE NO. L-64-902 RECORDED IN CIRCUIT COiJRT MINUTE BOOK 107,
PACE 250, (NOT PLOTTABLE)
CERTIFICATE -
WE HEREBY CERTIFY THAT THIS SKETCH AND DESCRIP17ON AND OTHER PERTINENT' DATA SHOWN HERE OF THE ABOVE
DESCRIBED PROPERTY *As MADE ON THE OPOLIND, c NIFORMS TO THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN TIME
STATE OF FIONDA, AS OUTLINED IN CHAPTER SJ-17, fF1ORVA ADMINISTRATIVE CODE) AS ADOPTED BY GEPARTWENT OF
AORICU47URE AND CONSUMER SERVICES, 60ARD OF OFESSiONAL SURVEYORS AND MAPPERS, PURSUANT TO CHAPTER
472.027, FLORIDA STATUTES AND THAT SAO SURVEY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF,
LRAWEW 7HOMPSON & ASSOCIAYEA NVC
DOENSE•D WSINES'S NUAeDgl f17I
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EXHBIT A-1
REFERENCED IN THAT CERTAIN MAINTENANCE AGREEMENT BY AND
BETWEEN CITY. OF TAMARAC, FLORIDA AND ATLANTIC CYPRESS CREEK,
LLC, DATED 79 An rA , 2016
COUNTY PROPERTY
SKETCH AND DESCRIPTION
EXHIBIT "A"
LEGAL DESCRIPTION:
THE +VEST 200.00 FEETOF THE EAST 1061.33 FEET, Or THE SOUTH 2O,00 FEET, OF THE NORTH 1.03T,O FEET OF 7HE
SCVlTHNESr ONE-avARTER (sm14) Or SECTTCAN fa Towsto 49 SOU TL RANOE 42 EAST, BROWARD Ca NTY, FLORA,
L YTNO SOUTH OF THE SOUTH RGHr OF WAY MW OF WEST COQUERaAl BOULEVARD (Af* SOTA STREET).:
SAO LANDS SPUME PN THE CITY OF LAUDERDALE LAKES BROWARD COUNTY, FLOMM CONTAINING 4,000 SQUARE FEET OR
a 092 AGES VOW OR LESSS,
SHOW HENEON ARE BASED ON AN A A►ERTDTAN THE CENTERLNVE Of� COMMMAL WtUVARD (.MW. SM
STREET`) IS ASSUMED TO BEAR NORTH B9' M' 41' EAST
MS SKETCH AND DESCR,wVOH CONSISTS OF 2 SHEETS AND EACH SHEET' SHALL NOT BE CONSNTERED T ULL. VALID AND
COMPLETE UTESS ATTACHED TO THE OTHER.
CERMICATE.
N$ HEREBY CERTYT'Y THAT IMS SKETCH AND MSCRM17CN AND OTHER PERRNENT DATA SHOW HEACTN, Or r8f ABOVE
PROPERTY, COWOWS TO THE STANDARDS 00' PRA4= FOR LAND S+ARVEMN6 00 THE STATE C7F FLOMDA, AS
OUTLINED TN CHAPTER 5,-17, FLORIDACADUMSTRARNE AS ADOPTED BY DEPARTAOENr Of AORtCY,+I,TURE AND
CONStdAXR SERNCES 80ARD AL SURVEYCRTS AIAPPERS, PURSUANT TO CHAPTER 472027, FLOWA
STA TTJ$S AND THAT SAID SURREY IS "ME AMD CORRECT To THE BEST OF CklR KNOKEOW AND BELIEF.
LEGEND
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EXHIBIT "B"
REFERENCED IN THAT CERTAIN MAINTENANCE AGREEMENT BY AND
BETWEEN CITY OF TAMARAC, FLORIDA AND ATLANTIC CYPRESS CREEK,
LLC, DATED VYW 2016.
LEGAL DESCRIPTION OF DEVELOPER'S PROPERTY
The West 200.00 feet of the East 1061.35 feet of the North 991,0 feet of the Southwest One -Quarter (SW
1/4) of Section 18, Township 49 South, Range 42 East, Broward County, Florida, lying South of the
South Right of Way line of West Commercial Boulevard (NW 50th Street),
LESS AND EXCEPT that portion thereof conveyed to State of Florida Department of Transportation for
Right of Way by Warranty Deed recorded in Official Records Book 31386, Page 1070, of the Public
Records of Broward County, Florida, being More particularly described as follows:
A portion of the West 200.00 feet of the East 1061.35 feet of the North 991,00 feet of the Southwest One,
Quarter (SW IJ4) of Section 18, Township 49 South, Range 42 East, Broward County, Florida, lying
South of the South Right of Way line of West Commercial Boulevard (NW 50th Street), more particularly
described as follows:
Beginning at the point where the South Riglit-of-Way line. of West Commercial Boulevard (NW 50th
Street) intersects the West line of said West 200 feet of the East 106135 feet of the North 991.0 feet of
the Southwest One -Quarter (§W 114) of Section 18, Township 49 South, Range 42 Fast; thence North
89*56'41" East along the South Right -of -Way line of West Commercial Boulevard, a distance of 189.43
feet to a point on the are of a non -tangent curve concave to the Southeast having a radial bearing of North
25127'44" West; thence Southwesterly along the arc of said curve, having a radius of 17.00 feet and a
central angle of 66'14'42", an arc distance of 19,65 feet to a point of tangency; thence South 01*4225"
East, a distance, of 1.89 feet; thence South 88*17'34" West, a distance of 49.93 feet to a point on an arc of
a non -tangent curve concave to the Southwest haying a radial bearing of North 6V44'36" Bast; thence
Northwesterly along the, arc of said curve having a radius of 17.00 feet and a central angle of 60052'08",
an arc distance'of 18.06 feet to a point of tangency; thence South 89152'28" West, a distance of 73,46
feet-, thence North 7504810611 West a distance of 42.88 feet to the POINT OF BEGINNING.
Said lands situate in the City of Tamarac, Broward County, Florida,
TOGETHER WITH:
All of Parcel "A", together with a portion of Parcels "B" and "C", HEADWAY OFFICE PARK,
according to the plat thereof, as recorded in Plat Book 125, Page 49, of the Public Records of B I roward
County, Florida, described as follows:
Begin at the Northwest comer of said Parcel "All; thence North 8915641 " East along the North boundary
of said Parcel "A" and the North boundary of said Parcel "B", a distance of 1860.34 feet to the Northeast
comer of said Parcel "B"; thence South 0114371" East along the East boundary of said Parcel "B", a
distance of 540,64 feet, thence South 89*56'4 1 " West along a line 540.42 feet South of and parallel with,
when measured at right angles to, said North boundary, a distance of 1862.41 feet; thence North
0 1030111 11 West along the West boundaries of said Parcels "B" and "A", a distance of 540.58 feet to the
POINT OF BEGINNING,
Said lands situate in the City of Lauderdale Lakes, Broward County, Florida.
EXHIBIT "C"
REFERENCED IN THAT CERTAIN MAINTENANCE AGREEMENT BY AND
BETWEEN CITY OF TAMARAC, FLORIDA AND ATLANTIC CYPRESS CREEK,
LLC, DATED ZIL , 20 i6
IMPROVEMENTS
Vehicular and pedestrian crossing including the following improvements: Twin 48" reinforced
concrete pipes, concrete endwall, 18" reinforced concrete pipe, concrete paver roadway, curb,
sidewalk, utility facilities, and landscaping, as more particularly shall be set forth in plans
approved by the Licensor ("Plans").
A full-size set of the Plans are on file with the Broward County Highway and Construction
Division under Project Reference No. 160107001.
25470623.6
41483,0001
EXHIBIT "D"
REFERENCED IN THAT CERTAIN MAINTENANCE AGREEMENT BY AND
BETWEEN CITY OF TAMARAC, FLORIDA AND ATLANTIC CYPRESS CREEK,
LLC, DATED 22 ' Uf3A , 20 L16
ACC IMPROVEMENTS
FoR: Aga / PACM aEMA-1fiarT SKETCH AND DESCRIPTION
ACCESS EASEMENT
A PORTION OF THE NEST 2COIDO FEET OF THE EAST 1061.35 faT OF TIC NORTH 991.0 FEET OF TT# SOUTHNEST
ONE -QUARTER (80114) OF S017Oi laTOW&AP 49 SOVIN, RANGE 42 EAST, BROWARO COUNTY" FLORIDA, AS
ERSEGTSOCE AT THE POINT *0W ThE SOUTH TF�E NF'fi« T t OF OF EAST twAy LW � F xeFr TW N .d FED f SOF
SWTHNEST ON- QUARTER (SW7/4) OF SAO SECTTWV 14 TWINGE SOUTH 7748'O8' EAST A DISTANCE OF 4288 FEET,•
ThENCL NORTH 89T12W EAST, A DISTANCE OF 7146 FM7 70 A POWT OF C UWAnW OF A CTIRCUtm CURVE TO THE
RICHD nIENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAV CURVE HAW40 A RADIUS OF 17.00 FEET. THROUW
A COMAL ANGLE Or 60IW 8', FOR AN ARC DIS7ANOE OF TLa 06 FEET,, ?ice NORTH CI6"17'34" EAST, A DISTANCE OF
1193 FEET TO THE POINT OF MW4 1W LAST FOUR (4) DESCRUIED OMSES LTTNG ALONG TTR' SOUTH BOUNDARY OF
THAT CMAAN RIGHT OF WAY DEWATION FDR CAG MWAL WULEVARO (NW. 50th S7REETj AS AMMM CAI GF7VAL,
REC M$ BOOK 313K PACE 1070 OF SW FT" RMTWM WOVE OYk)T71" NORTH 887ZW EAST ALONG THE LAST'
DES C OUIM A DISTANCE U' 24.00 FEET; IHENC£ SOUTH OI4321' EAST; A DISTANCE OF IM07 FEET TO A POWT OF
CURVAME OF A ORCULAR CURVE TO PC LEFT, R*NCE SOUiHfASTERLY ALONG THE ARC OF SAKI O%RVS RAW49 A
RADIUS OF ZaOO FEEL TTI WOW A CENTRAL ANG(Z OF 9DY O%W. FOR AN ARC DISTANCE OF 31.42 FaT TO A POINT OF
TANGW-f WME NORTH WIO'JJ' SW A MIANC E OF T2,81 FEET; TW LAST THREE (3) DESOMED COURSES LVING
ALONG THE DICE OF A PROPOSED BRKIC CALM;; 7TAENCE SOUTH CIWVI" EAST ALONG THE WSr SOUWMY Cr PARCEL, 'A,
`CQNTTNENTAL PLAZA', ACC IV NE PLAT THEREOF AS RET:O M IN PLAT' BOOK 96. PAGE" M. OF SW PUBEIC'
RECORDS A DISTANCE CIF 74,00 FEETI TMgr SOUTH 8876'39" TVESTr A DTSTANX OF MST FEET TO A POINT CVI
CURVATME OF A CIRCULAR C U?rvV TO 1W RIGH7; TT evm NORTHwiSTERtr ALONG THE ARC OF SAM C URW HAVING A
RADJUS OF 34-W FEET TNROU!>TI A CETVTRAL ANGLE OF 3OWW; RY* AN ARC DISTANCE OF 1780 FEET TO A POINT. OF
REVERSE CURVATURE 6F A aWULAR CURVE TO THE LEFT; 7H� MORTHOESTEiTi.r, N£57ERLY AND �IJwKST%3iLY ALONG
THE ARC OF S40 "VE HAVING A RAMZ Or 200 FEET, T1s1POUGII A CENTRAL ANGLE OF I20'OO'TT', FOR AN ARC
OISrANCE OF 449 FEET TD A POINT OF TANCEMM. THMOC SOUTH 0143*21' EAST, A DISTANCE OF 24 OO FEET TO A owr
OF CURVATURE OF A 0RCULAR CURVE TO THE RONT THENCE SOUTNNESTERLY ALONG THE ARC OF SAID afflVE HAVING- A
RADIUS OF 0150 FEET, IMOUOIII A C170TRAL ANGLE OF 27DLT'T1' FUR AN ARC DISTANCE OF 44.20 FEET IV -A PUwr OF
REVERSE CURVATURE OF A CliMAR CURVE TD THE LEFT; 7T#]V& SOUTHNTaS7FRd.Y ALONG THE ARC OF SAIDD, W HAVING
A RAW$` OF 174.50 FM, THROUGH A CENTRAL ANGLE OF "2124 , FOR AN ARC oMrANCL OF 79.82 FEET SOUTH
OOi1 %r EAST ALONG A LFNE NOT TANGENT TO THE LAST MOMM CYR WV A U.9TANCE OF I33.58 FTC. THE LASPSM
QCESLam, LYTNO ALONG W EDGE OF SAO MOW DMW TKNCE SOUTH WW41' WEST ALONG THE' N6Rto
Y CIF THAT' CERTAIN 40 FOOT DRAINAGE CANAL PER AIL Vla OF CIROUr COURT BOOR' 107-PAGE.250 OF
F'U g RECORD$ A DBSTANOE or 1B5D F=. INUME NORTH 00�72W NEST A DISrANC r OF 12S.95 FEEL' TO A F�T' OF
CWRVATUI� OF A CIRCULAR CWVE TO 7HE RKIHT• THENCE NORTHERLY ALONG TF8' ARC OF' SW C WVE HAVING A
OF 31&25 FEET; TNROUdH A C&NIRAL ANC OF 06%443' FDR AN ARC DISTANCE OF 38.39 FEET 70 A POINT OF
cwVAnw Or A CIRCULAR CURVE TO THE LEFT TTIENCE NCARTT�ASTT�,Y, NORTHERLY, NdIt7NiCESTERLY, Y AFLD
SOKITHNEST€TiI.Y ALONG 7NE OC OF SAID HAVING A RADIUS OF 6.75 FEET, THROUGH A C',L7+ITRAL AN
IWS7'OB;,FCR AN ARG DISTANCE OF 17 78'70 A POINT OF C1006 a&VATTW OF A aRC Am COVE TO THE LEFT;
TT DIM' 90UTNNES'TERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS Or 6 .75 FEET: VAWUGN A MTRAI, AN" OF
353736', FOR AN ARC DiSrAMIX OF 4115 FEET TO A PaNr DF TANomy., 7TiETYCE sou7m 00'Oz52' EAST, A WT,y� W OF
12IL66 FEET; THE LAST FIVE (5} DEpiam
COUR9Es LYMIG ALOMC TILE i17C7E tAF SAS BRIOyC DlTI4� TT#NGE rSOKUTH88 t641' NEST ALC>AIG fi,AI3 TTT ARy; A DISTAiJtE OF 18T FEET TiAET10E NORTH' Wg251" IbfST A pi�uTAi4C CT'
126.CT6 FWT TO A PONT ON� ACIRtIiCAR CX�VE Tt7 TT� RK�JT FTtOM NHiLYI TAE RADIUS POM/� iiEARS Som8930',34' NWT: TFIENLE NGR7TTEASL(MR", Th/E ARC OF SAID CURVE HAyNO A RADCLIS OF'81LOO F&E f THROUG�1 ACOY AL ANGLE CE 8 33 FOR D 7ANCE OF 82.T3 FEET 7D A POENT ON 7I ARC CF A HOIJ TANOEAI7 f RCCULAR
CURVE TO THE LEFT FROVf 1a11C2! TUS FKIIh+T 8EAR5 NCRiH 38ti1562' TVE;T; TT ttORTTIEASTERC Y ALONGARC DF SAT<T NQN TANGENT OYJRYE A RADIUS OF 8500 FEET, THROUGH k CENTRAL ANGLE tE 523935; FTFi;ANARC DISTANCE OF 5&74 FEE7 TD ACli rANG57MGY TF T�NI AK7FC7FI Ot 4321' NEST, A. D157ANCT CTF 158 6O FEET TD
TT4E PfM+IT BEGUrI £ TH LAST(4) C 0UlRSM LYING ALONG THE EDGE OFF SAtO BRICK DRIVE
SAID LAWS LYING JN THE CITY OF TAUA&, C, &COWARD COUNTY, FLORIDA, AND CONIAMNO f.' M7 SQUARE FEET OR (CT 3O8
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25470623.6
41483.0001