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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 7 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 1 25470623.6 41483.0001 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 2 25470623.6 41483.0001 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. 25470623.6 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. M 25470623.6 41493,0001 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 RAY-M PROFESSIONAL SW kE'YOR AND A(APPER NO 5799 STATE' OF Ft&WDA re SW10Y 6r Ai:WWY AAC R Wr CR fib• G01ES THERE ARf AOT VALA7 WAWT At .94WA n47C AW RA= SY"AL OF A /iLOWA Ud"V YCW A.W MAPPM 254 1 TM tS Wa A SKETCH O WWAY. dot a 414 nas y oottw f tad tirar,'.e � nv« Th, imow'sw6C aid CNAYOI•1F90YJ4iNP 1 is IN hfte".6von r R" W hIi~ ?aWb 1:7tW 4od 40— 4.%y —tow% 4 k tm'Ch m6twm Um Infq smvm I. flux W flemIm fonds oft*" wa wro I ��cRAVEN � THQMPSON & AS50CIATES tP1G, J08 NCI.: 13-C1a54 SHEET 1 QF' 2 SHEETS ETIGtPifERS PL,tE�dEtt3 SilT1MEYt�T'�a u.� ,sson . mtr to vuaaw ssf� fxic raw6WY' hs: DST xx-r+oo [3RAiVN BYr RY F.9. N A PG. N/A wsmru aaw tr•� r .useaw +vm s6vt ,mrrc,rs�ta �+ war at�Pxgr , r C�iECKED k3Y: iCS ba'f>=o: as—a4—t 9 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 CRAVVV lHOAPSM & ASSOOTA= Ay- UCEN= ffAmew MAOR %YPI B.C.R. D COUNTY RECX�OS L ARC LENCTT4 Raymond Yoursry DR.B, OFFTCAL RECORD BOOR Y 7+ow.sve u..a aaaasar, rK.. F ` PSM 5799 Pa «- RRAlkUS. 6.rnYmaM:tilwrtar AN= RA MOW Y004 NTRAL TE)7iN E - PRtVE559WAt SWWHW AND MAPPLR NO 57" STATE OF nO MA PC s+ NO OF 90WY Alf! Ra OU W Off MWa VOWW AAt NOr W40 WVA,W tb'15\1 LMi9 $t1Y4d11iilW6SV dASi ffi a 1 x IdITY TAKE S WA W Aw0 "= Zk OF A AOWPgA iA2*$ D AAo Awv4M. aw AeM Aa�9 d axbr nw AL .,k n"w ORAHM BY; RY �L,T arar w Avommow w'"�rm CIIECKE4 BY:7G5 25470623.6 41483.0001 N TWE SOV7WWSr ANi-WARrfi 4) W'14'4V Rita zin Pd I , a CA., 80MCLA�W (it W WM $MrCT)_ AM"ONA4 Or AM i PG 10 ac's ,-Mr OF' 8E9AfA#5VG_/ af-cs A%o &vCrP r opwca) 42.88`V(R-ADfAL) N 0'44 WE 2 71 73,46, oz CL SC COOWR TRACT W- p a 04 pa Z� a,". MY (V rA~AV N SrSW40" E 2 arY 5F7—AUDEWV;WL-AKfS M DOW&OY PARCEL 2w Mli3W w (RAWAL) A- 8 1*4r25*E Q 5g W AARM W Pa A 14,1 A CA A(I'4321-W2V.W-J / SUBJEcr PARCEL FARM V HEA D WA Y OFFICE PARK P.B. UA Pa 49,* &r-k S 1-43'21"E 20,00' 4D' DRAJNA" CMAL PER "m7m or cmw O"r 800K 107, PO, 2$0T &CA e= 9C PG M aC-R I 2 GRAPH SCALE IN FEET GRAVtM - I HUMFULIN M AWKIWAI tt5 IMVi EW04an PLMMMS wormit rn�a� m� MAYON OY; ICY F,B, NLA PQ N/A m . -=oy As. w�~Nmmm m7, VrawAw4w*~* lr-Haxm BY., Tcs JOATED, 02-24-16 1 ov it W000vm w ~ � w"aft w"m FA§Nmw. mm 25470623.6 41483.0001 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 ACRIM) MORE OR LESS . aI ftlWA.sa aa�M s Aamoex►�ta .k = -u . and iv1m tltl. �r rera w and nra.. as VawewawR w.va ba e"d h YWrwwleotka, tawM awwn kwvun wan nwt aMbaa6.d la• A 2547062 CAAAWM w 41483.01 ECM +su"MWAM FarttuoW=Anew=r T3-0054 'RCN EU 01114 mu I ZE ACCESS EASEMENT &CR. ONOWARD 4MOM MMMS 1. AW ifFlM pkR.61. G rla ft-m II ww pa AOgP! PG.P�AG�T Ras POWT OF aWWWO R RADAJS R°P, ROWUNCE PCONT 111�11�11 I " wo- -24 ii 1 -l-lt/ t , 1 7` Chi FIOA. ".'k" i- ♦ 1. /71't1`r:;7) '1'?` -t ► t'"t'a r/'.., f•+. t !I.•_.d *. 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