Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-026Temp. Reso. No. 12624 April 8, 2015 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2015 - c�6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE PARTIAL RELEASE OF COVENANT AS TO AN APPROXIMATE 36,342 SQUARE FEET OF PROPERTY KNOWN AS THE DENNY'S AT TIDAN PLAZA LOCATED AT 5710 NORTH UNIVERSITY DRIVE AS MORE PARTICULARLY DESCRIBED IN THE PARTIAL RELEASE OF COVENANT ATTACHED HERETO AS EXHIBIT 1" AND INCORPORATED HEREIN, TO PROVIDE FOR THE FUTURE SALE AND SUBDIVISION OF AN OUTPARCEL IN ACCORDANCE WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, RM Tamarac Plaza, LP, a Texas limited partnership ("Owner") holds fee simple title to that certain real property described as Parcels "B" and "C" of the Mainlands of Tamarac Lakes Ninth Section as more particularly described on Exhibit "A" attached hereto and incorporated herein (collectively, "Property"); and WHEREAS, a Covenant in favor of the City of Tamarac, dated April 13, 1977 was recorded on April 21, 1977, in Official Records Book 6995, Page 641 of the Public Records of Broward County, Florida ("Covenant") which placed certain restrictions and conditions on the Property; and WHEREAS, pursuant to paragraph 1 of the Covenant, Owner agreed to secure a variance for the setback encroachment of 1'-8" in the southerly set -back area of Parcel "C" and maintain ownership of both parcels; and Temp. Reso. No. 12624 April 8, 2015 Page 2 of 4 WHEREAS, Owner desires to subdivide Parcel B to create an outparcel and sell a portion to be held under separate ownership, as more particularly described on Exhibit "B" attached hereto ("Outparcel"); and WHEREAS, Owner desires to secure approval of the City Commission to release that portion of the Property listed on Exhibit "B" and known as the "Denny's at Tidan Plaza" from the obligations set forth in paragraph 1 of the Covenant; and WHEREAS, notwithstanding the subdivision and creation of an outparcel, for property development regulation purposes, the Property shall be treated as one cohesive site without regard to any individual parcels that might be created via subdivision; and 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 thereof. Section 2. The City Commission hereby approves the Partial Release of Covenant, which is attached hereto as Exhibit 'I". All development regulation shall be applicable to the overall Property and individually subdivided parcels, regardless of Temp. Reso. No. 12624 April 8, 2015 Page 3 of 4 ownership, and not individually required to meet property development regulations in accordance with the Declaration of Unity of Control attached hereto as Exhibit "2". Section 3. The City Commission hereby further authorizes and directs the City Manager, or his designee, to take any and all action necessary to effectuate the intent of this resolution, including the recording of the Partial Release of Covenant in the public records of Broward County. Section 4. All resolutions or parts of resolutions in conflict herewith- are hereby repealed to the extent of such conflict. Section 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6. and adoption. This Resolution shall become effective immediately upon its passage Temp. Reso. No. 12624 April 8, 2015 Page 4 of 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF a4MJ , 2015. CITY OF TAMARAC FLORIDA HARRY D MAYOR ATTEST: PATRICIATEUF CITY CLERK SLER, RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM: SAMtfEL S. GOREN, CITY ATTORNEY � I � 1 ------------ ----y 1 I 7 I 1 I ' I I� I I I 1 I 1 I 1 I I I 1 --I I i I I I I I � I 1 I I ; 1 I ' I I I1 I I I I I I I I I I I I I ; I I i---I'-----------—.----.- I I I I I I I I 1 � I 1 �I � I F, I � Isl I I I I I � ' I I— ------------------ I - -- 1— I ' � I I I � I I I I I I 1 I 1 I I I I I j ------- __----- -- Ig cm I I I I I I I I I I I ' I I— --t 1 I I I I I IR a CV In 3 F- U �I��F<�� $ 13 � dpz < o �y�¢jlllWcg� z � jj CC GG�ZS�� As Q < Z U fig` Fmt � � � � &Z gigy�ojjQQ a�Wo� o< al F N3<� 3-=5ym� 2� aim 00 3nN34V HLYL MN _---- ti x�x x x x e� 3nNm AlSW3Awn lc�y i � A sCL ¢rH O O am #�W F V nam�o _ NZffI� 6�!p�lxj p�, ZN U K K E N 0 O X In 12 b K<�a Na cn Imo N ��025�CC N Nj Hip Z �r z 7 J 7 12.�gqql26hy —01- 6 � U N< 1N�<F'�'< gig: 'O Z11 � `rj�u 41 U x =w mga S� ZpW L^ry` smz m;,o<� a X wi o Xez 2 L)'ABN µµµ^Q N OIII k'U�`�S��k'a�N >3:0-�Z�� W 1��1N�g�il O N M O N ID lz aD N� # 96wX t1O yNy,,Z � ��3�yZ}ZJY ,_ F�C�ZB yO�1yY�11 111IIpp� � KvIIRi11Sg{g qg W9,15O1��yZ11 j py�1 G� �y�F13Q Qi ,d fp/11¢�W`r =aZ <�WU"C<pp FFFF�mO��a��opvvyp aCCySZy�'11r�rN'f U�1�W1/1�I,�Svy<y,, C{1O11 G871����=�OO isWm~ W �W`�W N aM/•'V JJNo0oO p`1-®w >��o cm o Fib c��G'�'8 i�iz n`��i�, r'2'15�z• 7s �^r io,_o NR'�ON 9€ItZ bb o wn�egW�a�w ����;rg<y�z�ZaOQW���ri�N^�tKrjN,lm dWmzzz �6 Niaf ? SFNw4sw�Mm�q 6��Zi39 0§'86o� �`7a W oi�y z Hg Mm� a �ol'31"I'n��IMS,xwx�cu°i�eml�.Sm���'11i��m 4 O N � z � �tj a m m ai eLi w i z ZpZpi��♦ =Ni z 8 m W`♦ y H N � m m � N a g A co8 go N � H g0Z m�N�id a N rricJ? p y v1 F N_ p W Why n= 0 N ^ UW 1I�ryI O♦y� N� y O� N� _� � Z � O IL a A�q� a za mo(_naa m+ 24a odddobi vaz 2; �d;d `�gZZ �7 mod d 050.d� y W �/jbObyl <N O Z=0* Z o00 Fa NO I- �m�<mM� P��z ��dZZaf11F<II ZaJt'S cm m m F W a Z. C7 =� Z1-yr z 1��j' d 11yy OOF �SIWFM jI�� Z wm N �1z,Nis I x Nz�a6��.-°� y z o A 4< 8 dd ono c,La4��Ip' pocf5 1� ri0=NN�4xf�ZWo� N<<aJNi 0 W 4 z zlo aid > u m < ~ d C8 y wZ O C ((}} ^ w U A m Q a< W F Z w L N Uf 0 < > N O O Q< 2 try F< a W 5gya� y 705� "' O ^-Z U WZQ?QW�Wo�m.`Ma -m zz0 MJ NW<t--<,F W V �wm WNr OD `O Z 0J�wJtJaaW N� L, °Mot m"z z 'doN aWLLsVoo°° z rl pMWwziPz 4i:Ornr LL ° oF�od z r ^ ��C9n QNJnv rQ'off O> WZ �N 7 F,� aW �`lYZ 0Qm�ao Z R U Qmz O QU _ ZL, O O W :1 U- o_ WO �t0m 1 n to W UW o WWC>�loti° o a oo a °W w �`Iw ? ¢v'w o �a W®zg ci WOCQ�� pi= r o ¢o o�wW jlri <pF-a z 3 am o a s r a �z w WL) o� f'� `�JOin I 311N3PY Nl1L MN .9 KZ Ix -I J-6WQmW O O ¢¢ Ir a (p� Ja' ZZ Q Q Or O z O- rc a *zw OD DoUo<��tc�'z oU m mp o -ICAO W2 c oz F �o� �z zl- d. == 0an n o p D:' WUZUr' pinO O Q zt ?7�� " m W�zpOUO O �m w2 rwj Z Nm W Ln < p O WU O�mvtaJ �pwZr Q z xap WO a O O OWQ wm W Z \ W 0 LL Oe Wm <a WJOZwr 3 rn nl= 0 1-v�¢ ��a gx w `` Qvo o >o O ot» p�� ��jZ W IZpi.. 4 O L°n tOzw OJ�W ° •- OQ (rj Oa'W >= lwiU Z OSp J Pi vAi V ?.-�xx o Om JIn Z W K L� mw W Z x O Qai W W Z�J < F Z Om QJ� m O In_ W arr �O N OQ 6WL.. W K O IC OD W4 w ! Z 0 zm._CPOQOOWW U i O'er LL WWr L1Z J� �`.' �_ NW W QN JU) Q IU d W O O z0OQ WW ¢ . - NW O ZUQ f-i n. JF:r S WWN O ZJ } Lv y,W J C;* WFw � lalQr U��WU z�p m O W �F C gp YOW WV1Z02 UW Q WO JZ V- Z W QU- Q �"OfV WZ ` V C /ci z.t Je< Wwd eW6 LZFiEZ < UJ Zm XO°U W� QmW Q < 0,Z-W K �(A r J W U M W .. . u v0 QOwWp n� r QQ ¢ $ WZ W �Ma O O In r W U a �� -0 U a In o� ¢ ww WOZ a zW 0 � w o . Q w WzU1ZZh= wvlz FvWYr OK O d i, u Sa iNW �cWSm }�q _IUD. a azL.� w wFU WU w �C) Z a.mQ �. y GID / ZOU �aW 4Ua Nr M.Z;ix U O> WW W ZOLY Jz �QViWO r WL.1WU O K.O W YI Ku LL�^ W a W 1 JO •►=W1 OZ1I�1 j UWO7 wW aUZm WO >Q1/'f Ua > N W400 �a WIY LWi ZUyUI°OI w rUrZa O K>W �F �IaJfm WC� mU Nm0 W azi` r W p a (!/ r'r O} r WO W-cc Wr wxwZ"a W Cj < z z �� Qa Nga �pO ��=Qa�J_� �Z�FS ? �3WU UW ��z_�w �o o�z o lim� fn zmJ d' .>Ym - ty Z}� Z W QN� W N W W >Yz2 LWA. OW 22Ka ¢ Z r W d L Jry mwQm r00-¢ C� ZxOWI W W .> v1Q77� �D: Ut9W x�Q m O W li z 0 znp ZOZilvr�i�� w=3 w 41 =>mCh 3 aKOFa° UJz .. Ipn �W Ywd x w w °mW m m �aa bN=0�3 JWJr wp0 m 1°�ZZ00 w 2 p'< } xQON� or NO R OD } % r! W2 U^m mJi.rO I O Z NZ00.- K�>4.<Q WOWmW Q.'W Inrw Z O Z W i3 2 w r J�oQ01O r- Q vO<JZ O �z Va'OO WrZZm aW �w0 O m � U W R ail x a M Q1�0 r c DO t?Ko�Q'"3�'C>tn U tp O> F x FU �aZO� wW U in W a mm� zt<al-"zaaa"'oo�wl�p z MIWnJIW/)U o InO?nL .> r`r�Nw 0. �¢ r w� n r O O z ZJUz Jtc<oaZri<np F-a J zml''mtn Q O�mwaJ UZapLWi Ww ra 1=-aw 2 U 3nR10 Al15tL3MNf1 OUKm 0OWWX<Q 8mw aw�xZ m LF U. OI`'QV WF<-NLiM 3� w< rQ aQv1 w�oOt wzpwowoz? a ZZan..W w wDcr;' p zm�^^ }Z Z ps a<Q F-mZ 3Nw 1 O 2LW m WO Ozm }O Zm� le O ¢- O r UN J a J L'O IaIUZM O� Uo � rOZa�Q W2�j W w0112w W "T890d-.W aWOO w, LjD Q UOp� �a O (n w0 Qm03 W JJUo W rF< UIOZa,r WO2 .O-N%WW V Q OD' ID Wzw� U(�l/jaL10r.- TWO i (lJW>SO oKQ1°naU�6xrNV)W DOWO�,1 L% m�¢ 3 F O O U W m W W O Z fn W U O N K Y W U rWL H W W O 9 W x Z Q omm<W.'OWtn �A1sv- r _ QCL ZOZ < r QOWZ w J p z O O J W r� J J r� z�� 1 zi�`Ixa�m-az <J IW-�wZ�zFOmp�p���o� �'^�oz�< a:P02 �' W C9Uwxf OOKW t9 O O m.-.�.w�.2 .•.7ZU�.-H �...�0 t/1iNd W x> Oa Z W J� WWx=�Ng02QJ2W Q Z.-N Md W t0 n mOf�� �% -ml� ZW J<aU mKrmol- IWQRQOm 0 (� O v 1D `w u, M U ,1 Q 0 p cofjjjj fjE 1 lup t , I �� � 1 1 / � 1 1 i _ ot�S i S r 1 'rr 8 ii : 11 LU ui CLCL Cl) I CD< j m p Z .1 T r !!Th 33 3 I m w �L t� i i fff Z 1 to LU X 1 � � � f ."F• 3' � 1 3sYd : t t99 9LYffi.99.00.OQW AYI-i- 1 — _ � ryilpl,�W'®pP iBaOp�lipN,,,lYLi9�D i MIRf _ _ _ w.* e. hon w. g -ON ado 311�C' *omit,3AIHG UlStGAINn HIHON NIIIOII z} } vias<o OW[m�IrLh U Iy3yIy�EII i � FZ 0 0 z F � Y 9 o06 }0 mLi j= d z�S a WVzLnO O O�a o1 tx....: �3�= m�;aU W<< n '� R` a s �� W Cc> 33 l m 0. }Q sac Prepared By: Goren, Sheroff, Doody &Enrol, P.A. 3099 Commercial Boulevard East Suite 200 Ft. Lauderdale, FL 33308 Record & Return to: Gary S. Dunay, Esq. Dunay, Miskel and Backman, LLP 14 S.E. 4" Street, #3 6 Boca Raton, FL 33432 PARTIAL RELEASE OF COVENANT This Partial Release of Covenant("Partial Rele e" is made as of thi o2 d of A rilRelease") s� day April, 2015 by and between RM Tamarac Plaza, LP, a Texas limited partnership ("Owner") in favor of the City of Tamarac, Broward County, Florida, a political subdivision of the State of Florida (&CCity ») WHEREAS, Owner holds fee simple title to that certain real property described as Parcels "B" and "C" of the Mainlands of Tamarac Lakes Ninth Section as more particularly described on Exhibit "A" attached hereto and incorporated herein (collectively, "Property"); and WHEREAS, a Covenant dated April 13, 1977 was recorded on April 21, 1977, in Official Records Book 6995, Page 641 of the Public Records of Broward County, Florida ("Covenant") which placed certain restrictions and conditions on the Property; and WHEREAS, pursuant to the Covenant, Owners agreed to: 1. In lieu of securing a variance for the setback encroachment of 1' -8" in the southerly set -back area of Parcel "C", the Owners agree that both said Parcels are and shall remain under one ownership and that the sale of one Parcel shall include the sale of the other Parcel. This Covenant shall be in perpetuity and shall run with the land. 2. If a variance is secured by the then Owners of said Parcels, such variance allowing and authorizing the encroachment of the 1'-8" in the southerly set- back area of Parcel "C", the City Council of the City of Tamarac does hereby agree to the release of this Covenant. WHEREAS, Owner desires to subdivide Parcel B to create an outparcel and sell a portion to be held under separate ownership, as more particularly described on Exhibit "B" U:1WpDocs\Big LotslPartial Release of Covenant attached hereto ("Outparcel"); and WHEREAS, Owner desires to secure approval of the City Commission and also desires to obtain a partial release of that portion of the Property listed on Exhibit "B" from the obligations set forth in paragraph 1 of the Covenant; and WHEREAS, a public hearing was held before the City Commission on April 22, 2015, during which the Commission adopted Resolution No. 2015-26 ("Resolution"), a copy of which is attached as Exhibit "C"; and WHEREAS, the Resolution approved a Partial Release of the Covenant with respect to the portion of the Property listed on Exhibit "B". NOW, THEREFORE,, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. This Partial Release shall apply only to the real property described in Exhibit "B" attached hereto. 3. The remainder of the Property originally described in Exhibit "A" attached hereto shall remain bound by and subject to the terms of the Covenant. 4. This Partial Release shall be recorded in the Public Records of Broward County, at the Owner's expense within thirty (30) days of its acceptance by the City. The City Clerk shall be provided with a recorded copy of the Partial Release of Covenant. 5. This Partial Release shall be construed and governed in accordance with laws of the State of Florida. In the event of any litigation hereunder, the venue for any such litigation shall be in Broward County, Florida. IN WITNESS WHEREOF, the undersigned have executed this Partial Release of Covenant as of the day and year set forth above. U:\WpDocs\Big Lots\Partial Release of Covenant In Witness Of: itr�ss # 1 Si "s&r..-, D . ture r 'h-s b•-._ Witness #2 Signature ..��- Witness #2 Printed Name RM Tamarac Plaza, LP, a Texas limited partnership authorized to do business in Florida By: Tamarac 1871, LLC, a Florida limited liability company, its General Partner By. Dough M. MacMahon, Manager STATE OF jl�� COUNTY OF Q&LLJ�6 f.h dase� 2015 b The foregoing instrument was acknowledged before me this � da o , g g g Y Y Douglas M. MacMahon, Manager of Tamarac 1871, LLC, a Florida limited liability company, the General Partner of RM Tamarac Plaza, LP, a Texas limited partnership authorized to do business in Florida, who is personally known to me or who produced a driver's license as identification. Andrea J McLeod My Commission Expires 11/29/2015 CITY OF TAMARAC APPROVAL: APPROVED AS TO FORM: X al Goren, City Attorney of U:\WpDocs\Big Lots\Partial Release of Covenant Instrument Prepared By and Return to: (name and address of attorney Preparing document) DECLARATION OF UNITY OF CONTROL TUTC nUOT AD 0 TTn'NT (11P T TINTTTV (1F CC)'MTR OT . (" nPoI nrnti nn") i p, m qdp thi q ;; da.v of &r' ' j , 20 IS. by RM TAMARAC PLAZA, LP, a Texas limited partnership, their successors and assigns (collectively referred to as the "Declarant"), whose mailing address is 8214 Westchester Drive, Suite 550, Dallas, TX 75225, in favor of the City of Tamarac, a Florida municipal corporation ("City"). RECITALS: A. The Declarant is the owner of two separate properties in the City of Tamarac, Florida each such parcels more particularly described and singularly described by the legal descriptions as contained on Exhibit "A" and Exhibit "B," attached hereto (collectively the "Properties" and singular as the "Property"), which Properties are intended to be developed in accordance with the following zoning approval: 19-SP-14 Site Plan approved by the City of Tamarac, Florida, on , 2015, a copy of which is attached hereto as Exhibit "C." B. The Declarant has agreed with the City that, for the proper development of the Properties, the Declarant shall provide for mutual and reciprocal easements and rights -of -way, for the purpose of ingress and egress, parking, drainage and utilities of whatsoever nature located with the Properties, the enjoyment of which cross easements shall be shared by the respective parties owning any portion of either Property and their respective heirs, successors, assigns and successors in title to all or part of either Property and to the tenants, lessees, agents, employees, guests and invitees of any owner of the either Property or any portion thereof and guest and invitees or tenants and lessees legally occupying either Property. C. It is in the best interest of the health, safety, and welfare of the City's residents and businesses to insure that there is safe and efficient traffic circulation on the road and driveway system adjacent to and within the Properties, and the establishment of common drainage and utilities through the establishment of this Unity of Control that covers the Properties. D. The City of Tamarac is a direct, third party beneficiary to this Declaration. NOW, THEREFORE, in consideration of the grants and agreements herein made an in consideration of Ten and 00/100 Dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledge, the Declarant hereby subject the Properties to the following restrictions: 100068781.12704-0501640 1 1 1. Recitals. The foregoing recitals are incorporated herein by reference as though set forth in detail in this place. 2. Unified Control. All structures, uses and parking areas on the Properties are and will be part of a single unified planned development, regardless of ownership. In furtherance of the foregoing, the Properties shall be developed in accordance with the Site Plan attached to this Declaration as Exhibit "C," and shall meet the land development requirements as if they are one lot. 3. Easements. The Declarants hereby dedicate, grant and establish for the benefit of the Properties, and the owners of any portion thereof (as well as their employees, agents, guests, invitees, mortgages, tenants, lessees, subtenants, licenses, heirs, successors and assigns) the following reciprocal easements, covenants, conditions and restrictions as further outlined in the Declaration of Reciprocal Easement Agreement with Covenants, Conditions and Restrictions dated April 2015 by RM Tamarac Plaza, LP, a Texas limited partnership: a. A non-exclusive easement for the right-of-way of pedestrians and vehicular ingress and egress over on and across the areas within the Properties constituting driveways and roadways, as shown on the Site Plan. b. A non-exclusive easement for the parking of vehicles over, on and across areas within the Properties constituting parking areas. c. A non-exclusive easement over, above and across the Properties for the discharge, drainage, use, detention and retention of storm water runoff pursuant to the approved drainage plans. d. A non-exclusive easement for the installation, operation and maintenance of utilities necessary to serve all portions of the Properties, including, but not limited to, the right to install, maintain, use, repair and replace underground pipes, ducts, conduits and cables and necessary to transmit and distribute electricity, gas, water, sewer, cable television, drainage, telephone, lighting and other utilities and common public services under such present and future areas of the Properties constituting parking areas, driveways and roadways, as shown on the Site Plan, and through the other portions of the Properties which specifically provide for and contain such utility lines, provided the same does not materially interfere with the use and enjoyment of any portion of the Properties. e. A non-exclusive easement for the surface water management and drainage necessary to serve all portions of the Properties over, under and across such areas within the Properties constituting parking areas, driveways and roadways, as shown on the Site Plan which specifically provide for and contain surface water management and drainage facilities, provided the same does not materially interfere with the use and enjoyment of any portion of the Properties. (00068781.12704-05016401 2 f. The owners of the Properties shall provide for the perpetual operation and maintenance of all shared/common facilities, and improvements, which are not provided, operated or maintained at public expense. 4. Covenants Run with the Land. All of the covenants, easements, and restrictions herein will be perpetual and will constitute covenants running with the land, will be binding upon any and all persons and entities, their respective successors in interest, assigns, heirs and personal representatives having or hereafter acquiring any right, title or interest in and to all or any portion of the Properties, and all benefits deriving therefrom will accrue to the benefits of all persons and entities, their respective successors in interest, tenants, licensees, assigns, heirs and personal representatives having or hereafter acquiring any right title or interest in all or any portion of the Properties. 5. Modification and Termination. This Declaration may not be terminated or modified in any way except by means of an instrument executed by the owner(s) of the Properties after the prior written consent of the City of Tamarac. 6. Owner's Restrictions. No owner of any portion of the Properties shall take or fail to take any action or do or fail to do anything which would, or have the effect of, impeding, obstructing or preventing any other person or entity having rights under this Declaration from their full and complete use and enjoyment of the easements herein granted. Without limiting the generality of the foregoing, free and full access to, from and across all portions of the Properties which constitute parking areas, driveways, and roadways on the Site Plan shall not be blocked, obstructed or impeded. 7. Miscellaneous. a. Each covenant in the Declaration is an independent and separate covenant. If any term or provision of the Declaration or the application thereof, to any person or circumstance should to any extent be invalid or unenforceable, the Remainder of the Declaration and application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable will not be affected thereby, and each term and provision of this Declaration will be valid enforceable to the fullest extent permitted by law. b. This covenant shall be recorded in the Public Records of Broward County Florida. c. Failure of any party to insist upon or enforce its rights under this Declaration will not constitute a waiver of such rights. d. This Declaration and the rights created hereby, including, but not limited to, the cross easement shall be paramount and superior to all leases, conveyances, transfers, assignments, contracts, mortgages, deeds of trust and other encumbrances affecting the Property, from and after the date of recording of the Declaration. Any person acquiring possession to, title of, or interest in the (00068781.12704-0501640 1 3 Property or any portion thereof shall do so subject to this Declaration. Any transferee of any interest in any portion of the Property by any means whatsoever shall be deemed, by acceptance of such interest, to have agreed to be bound by all of the provisions of this Declaration. e. Third Party beneficiary City of Tamarac has the right to enforce the Declaration through legal, equitable or administrative proceedings. f. Venue for any legal proceeding regarding this Declaration shall be in Broward County, Florida. IN WITNESS WHEREOF, this instrument is executed on the day and year first above written. DECLARANT Signed, sealed, executed and acknowledged on this day of , 20 Witnesses: Owner Printed Name: BY: TITLE: Printed Name: (00068781.12704-0501640 1 4 EXHIBIT A Legal Description (00068781.12704-0501640 1 5 EXHIBIT B Legal Description {00068781.12704-0501640 ) 6 EXHIBIT C Site Flan l00068781.12704-0501640 1 7 CONSENT OF LENDER The undersigned ("Lender"), being the present holder of the certain Mortgage DEED and Security Agreement dated and recorded on in the records of Palm Beach County, Florida in O.R. Book and Page (the "Mortgage") affecting the real property of hereby consents to the Declaration of Unity of Control ("Declaration"). Lender is executing this document solely to provide its consent to the Declaration as lender only and not as an agent, joint venturer or partner of any of the other parties hereto. The consent granted herein is expressly limited to the Declaration and shall not be deemed consent to or as a waiver of any other conditions or requirements in the mortgage or any other documents pertaining to the loan held by the Lender. Dated: Lender By: Name: Title: STATE OF ) )SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 , by , as on behalf of the Partnership, ( ) who is personally known to me; or ( ) who produced , as identification. Signature of Notary Printed Notary Name My commission expires: (00068781.12704-05016401 8