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City of Tamarac Resolution R-2015-041
Temp Reso ## 12638 May 13, 2015 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2015-- ! Z A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE REQUEST OF DUNAY, MISKEL AND BACKMAN, LLP ON BEHALF OF SPL HOLDINGS, LLC AND SPL SOUTH HOLDINGS, LLC OF A THIRD AMENDMENT TO THE DECLARATION OF RESTRICTIVE COVENANTS FOR SABAL PALM AS RECORDED IN OFFICIAL RECORD BOOK 44460, PAGE 1653 AS AMENDED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Land Use Plan Amendment for Sabal Palm 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 1653 ("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 September 9, 2013, Declarant entered into that certain Amendment to Declaration of Restrictive Covenants recorded in Official Records Book 50181, Page 1776 ("First Amendment") to reduce density upon the Property, modify the proposed unit mix and amend the 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 Temp Reso # 12638 May 13, 2015 Page 2 WHEREAS, on April 3, 2015, Declarant entered into that certain Second Amendment to Declaration of Restrictive Covenants recorded on April 7, 2015 as instrument number 112911479 ("Second Amendment") which further amended the Declaration to modify the requirements regarding the construction of the sound wall along the Florida Turnpike and to modify the terms of certain obligations associated in that certain Second Amendment (attached hereto as Exhibit "Y 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, an increase in the affordable housing impact fee for the additional units and to memorialize a contribution to the City for a buffer wall along a portion of Commercial Boulevard, and reaffirm the obligations as set forth in the Declaration, the First Amendment, and the Second Amendment as further set forth in the Third Amendment to Declaration of Restrictive Covenants attached hereto as Exhibit "4", 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 Temp Reso # 12638 May 13, 2015 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 SPL Holdings, LLC and SPL South Holdings, LLC 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 Third Amendment attached as more fully set forth in Exhibit 4 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. SECTION 5: adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: PATRICIA TEUr E CITY CLERK CmC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM a SAMUEL S. GOREN CITY ATTORNEY day of Temp Reso # 12638 May 13, 2015 Page 4 , 2015. HARRY DRESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: VICE MAYOR BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO m C FN # 107290879 r OR BK 44460 Page 1653, P 11, : 23 AM, Brbward County Comm�i.ssion r ]Deputy Page 1 of 29, Recorded 08/10/2007 at Clerk 1047 0 Return recorded copy to: Billing, Cochran, Heath, Lyles et al. 888 SE SO Ave., Suite 301 Fort Lauderdale, FL 33316 Document prepared by: Gerald L. Knight, Esq. Billing, Cochran, Heath, Lyles et at. 888 SE 3 Ave., Suite 301 Fort Lauderdale, FL 33316 DECLARATION OF RESTRICTIVE COVENANTS This.Dectaration of Restrictive Covenants is entered into as of this �O day Commercial Recreation to Low (5 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 C 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 Mimending they Bcoward County Comprehensive sand .Use Plant as set forth above, and for other good and valuable considefation,.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 rights 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 I 0 Exhibit 1 CFN # 107290879, 4R BK 44460 PC 1654, Page 2 of 29 Declaration by reference. 2. P Declarant hereby restricts development of the Property to not more than four hundred ninety sic (496) residential dwelling unrts, oonsisting of two hundred eight (208) single family units and two hundred eighty eight (288) townhouse units. Declarent age that this restriction constitutes a limitation on the number of units which Daclarant has agreed to construction on the Property and that it shall not seek to incruse the number of allumble units W With herein through an application fo rfleAblllty units. 3. Aff-gl9lbit . Dedarant hereby agrees to construct een percent (15%) of the units on the Property as "woMoroe HOusing.' Prior W the issuance of the lust building permit for the construction or erection of the fiW reWdentlat unit an the Property, Declarant shall enter into a Dedaratim of Restdcdve Covenants (WOMOMe Housing) in substantially the form attached hereto as Exhibit "8.' ' s • t d_ � r (bf� a sta sod by _..�. (c) provide to the Citythe amount of Five Hundred Thousand Dollars AMin,OI�t nrik to be usW by the City for iMpravements to the Parts Property and the Fire Station Property; Pay Off the remainder of the -homeowners association recreational lease for Maintands Section 5; Pro" to each of the homeowners assoclaitlon for Malntands Sections 6 and '7 the amount of Two Hundred Thousand Dollars ($200,000.00) to be utilized by the Individual associations for those purposes established by each anoclat ows membership; and R buitdino oem (d) (0) that pro e D+eda:ant shall obtain and provide City, as part of its building perrnit application, proof that the foregoing previsions have been satisfied. 5. prior to environmental rOview approval of construction plans as set forth within Chapter 27, Br10ward County Code of Ordinances, by the 'Development. Management Division fp the first building permit for construction or erection of the first mskkmVal unit on the Property, Dederant shall: (a } provide to County the amount of not to exceed tine Hundred Fifty Thousand Dollars W 50,000.00) towards the purchase of Advanced Transportation -Managernent SYstems aONmre to mitigate the net trips generated by the Land Use Plan . 10© I67, 00CV.4 3OW2W MJ3 AM12 0 0 CFAs # 107290879t OR BK 44460 PG 1655, Page 3 of 24 0 0 0 Amendnmt and (b) conduct an archaeological survey of the Property. Deeierant shag obtain and provide County as part of its environmental review application, wrth proof tltiat the foregohV provl8i0ns have been sated. 8. (a) (b) Prior to subrbission of a ab plan L of the Property to City for review, Declarant shalt; submft y d t pr�MM fear th$ installation of tr is calming devim within the Property and the 64acent neighbt}rhood droete adJac�nr to the Property and. upon approval of the traffic calming devices by City, irl such tragic calming devices at Dedamn s expense up to One Hundred Twenty FW Thousand Dollars W25.000,00) in wKh the deveWprnertt.of the Properly; submk to City prupo"Is, for scorn to the Property for project construction purrRoses. upon appioval of the construction access Poft by City, Declarant Wees that all consbuctlon trafitc to and from the Property shelf be limited to the Elkt: LU, MOM9 8. Declarant areas W comply With all , County, City, and local rules, regulations, and ordinances, inclutdkV the Bmwmd County Tree Preservation Cote, Chapter 27 ofthe Braward County Code of Ori nanoe$. Declarant shall minimize t#>fa number of trees to be removed by incorpara#i fw eac#sgttg tress info Its site plan. if the bees cantvA be incorporated irdo the site pain in dw curront location and the capable of being relocated, the Daclw*Wn shaft relocate the trews#Vee of men elm and quality. Further, if bunvMng owls are present tar the Propertt uponthe COl�rf'18nO I MN I.tOf development, Declarant shall apply to the Flodda Fah & Wildge Con' servation Commission for a permn to rel= to the &A. S. Dec lama shall only conduct oor"ucdon acovffift on the Property on weekdays front 8:00 a.m. to 6:00 p.m., and on SatuM from 8:00 a.Fn. to 100 p.m. Absolutely no constuction lea Wmfl occur on the Property on Sundaysrant "I. at it sole expense, repair any merle which are damaged as a result of the t omftc#ion traffic to the Prtlrty. Dedartint fur agree8 that It plans for d Mloprnent of the Property shall include, and Dedanu t shag WON and pay for' sound wage along the Florida Tumpike in any area(s) abutting the Property where sound wad are not constructed by the Florida Department of Transportatfoh. Declare nt agrees t the sound wells* eorrshicts shag be of the same height as #hcx" constructr3tl by the FhMa Department of Tray sportntion immedletety to the north and south of those constructed by refit Declarant also (WOW$y Svc v.4 YAFJom aq:D Am 13 j.;'rri ff a.v f4tOU0 r y r ur, br. 444ou rt, i100113, raga 4 or G to agrees that, with respect to the portion of the Property hxated south of Comrnerdsl Boulevard (adleADent to Mainlands Swl*on 6), the deveiop�ent of the Property will be designed so that # will not be necessary for vehicular traffic betwom Comrnerdal 6ouWard or Rock island Road and new residual units to be constructed on the Prnpedy to utii m those segments of wftfng resjden#ai streets where res thedel rufft are currently loc&W pdjaoent to the street provided that the portion of NW S . St et iocatW we$t of NW 51 Avenue may be utd for connrnon access to the new and existing residential emits. 10. County and City are the beneficiaries of thse coverwnts and restrictions, and as such, the County or the City, atone or callecth ely, may enfo these covenants and mstric0ons by action at law or In equity, including without limitation; a decree of specific petfotme noe or mandatory or pmhlbfiary injunction, against any person or persons, entity or entities, violating or to violate tine urns of these covenants and r strWons. In addition, County aedlor City may n*w to Issue binding perrnits, aeff cis of occupancy or otter required govermmntsl approvals tIntil Dederant its successors or assians come Into cx r vWc® with Owtw me 1t OIL z L", , 13. Arnetid tit. This Detd watiort shell not be modl ied, waived, amended or released as to any portion of tits Property except by wnfen instrument, ax*cuted by the them owrwer or ovmrs of the porn of the Property affected by such modificallon, amendment or release and approved to writing by -the County and City. Dedarent shall provide notice of any proposed amendment, motVicetion, waiver or lease of NO Declaration that would hm the effect of inme ing. the allowable density on the Propedy to the Mainlands Section 6 homeowners eseoclaition prier to submittal of the amendment, tmodWc ation, waiver or relmn a to County or City. Any arne►ndmerit, modification, waiver or release of thN Declamdon shall be recorded -in the public records of 8roward County, Ffanda. 14. R djdQa &nd_ fj2&A Dad. 7hIs DeclanWon of ResidctNe Covenants ehall not be recorded in the Public Records of Browwerd County, Florida, and shall not become effective until following the expiration of aft appeal Period$ or, it an appeal is frledo the C,oa,cluslon of swop arppesl far the l and tree Plan Arr� wWrnent changing the Land the Plan designation on rho Property from Corrarrecofal Recreation to Low tedium (10 Dwelling Dnds ter 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. 15. �,. If them is a modgage against the proppetty described in Exhibit "A," Mortgagee hereby agrees that the Modgage it holds from Declsrent rewrded In Official juc ao.wc..43lmtI0A' oar Am14 i 0 0 0 CFX # 107290879, OR BK 44460 PG 1657, Page 5 of 29 u 0 0 Records ,,, Page , of" Public Rewrds of Sri County, Fkxida, all of which enmm*er the Pmperty desbed herein shall be and are subordinate to t* Restttive Covenants to forM above. 16, y. if any court of tq jurlsdicdon shag decfare any soon, paragraph or part thorec3f invalid or unienforceable, then such judgment or decree shall have no 9#W on the entmMent or valWhy of any ofer sections Paragraph or part here&, and the same shall remain in full fce and effect IN 1EV MESS WHEREOF, Uedawdend Moftepe have executed this Declaration of RestrMve Covenants and Subor+dinatkm za Wo'": fflnesses (N pat'b'teiship): 7�4 4 0�01 f Zb'&' day of ,,. 20,E ATTEST: (CORPORATE SEAL) (Sec° etary Signature) Print Name of SecnAW. j00MW7.00c v.; 3rjw=7 oq-m Am}5 �1f i CFN # 107290979, OR BK 44460 PG 165e, Page 6 of 29 STATE OF ACMQW6gM=l )ss. COUNTY OF The foregoing Instvrwrit was acknowtedged belbre MA Vft aPP6 day of 2021 by '7i "t of 4� as ;X-;=4"1- gtw& I gaw—gam .1, a co"aftn, on behaff of the OranHe or she Is: Awsonally known tea me, or ]produced lden#Ombon. Type of Idenglealon pmduced (Seat) NOTARY PUSUC: My oomm"on expires: Print Kam L!06,s Kim . (o0 ww-Docy.4313o w w..uAm)6 0 0 0 0 CFN # 107290879, OR BX 44460 PG 1659, Page 7 of 29 0 r� (011-Mv # 107290879, OR HNC 44460 PG 1660, Page 84 of 29 (PARCEL A) A PORTION OF TRACTS 4 AND 5 OF "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA. AS RECORDED IN PLAT BOOK 4, PAGE 311 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 13-,'THENCE SOUTH 89°09'25" EAST. ALONG THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 375.06 FEET; THENCE SOUTH 00"13'0090 EAST, A DISTANCE OF 87.01 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE SOL)TH 00*13'00 EAST, A DISTANCE OF 1345.52 FEET; THENCE SOUTH 89°47'00' WEST. A DISTANCE OF 325,00 FEET, THENCE SOUTH 00°23'0(r EAST, ALONG. A LINE 50.00 FEET M L.ES T . mws S AI 13. E 960.90 FE R - AY TH REE , T D F ss T 5, PANE T S DI RL I LA(S OI ING HOS t lot F . THE LAST DESCRIBED POINT); THENCE. SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL_ ANGLE OF 90*00'00' AND AN ARC LENGTH OF 39.27 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89°4T00" EAST, A DISTANCE OF 176.00 FEET, THE LAST TWO DESCRIBED COURSES 8FJNG COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE OF N.W. 50TH STREET; THENCE NORTH 00*13'00* WEST, A DISTANCE OF 505.00 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 135.00 FEET, A CENTRAL ANGLE OF 90°IM OOO AND AN ARC LENGTH OF 212.06 FEET, TO THE POINT OF TANGENCY THENCE NORTH 89°47'00` EAST, A DISTANCE OF 266.00 FEET, THE LAST THREE DESCRIBED COURSES BEING COINCIDENT WITH THE WESTERLY AND NORTHERLY BOUNDARY LINES OF 13LOCKL 1183 OF SAID PLAT OF "THE MAINLANDS OF TAMARAC LAKE STH SECTION% THENCE NORTH 0001 X00" WEST, ALONG THE WESTERLY UNE OF LOT I., BLOCK 118, OF SAID PLAT "THE MAINLANDS OF TAMARAC LAKES STH SECTION% AND THE NORTHERLY PROJECTION .OF THE WESTERLY BOUNDARY LINE OF BLOCK 107 OF SAID PLAT "THE MAINLANDS OF TAMARAC LAKES BTH SECTION", A DISTANCE OF 1549.41 FEET; THENCE NORTH 8904T00' EAST, A DISTANCE OF 90.00 FEET; THENCE NORTH OW13'00" WEST, A r� u I is CFN # 10 7290879, OR SDK 44460 PG 1661, Pie 9 of 29 r� u 0 DISTANCE OF 116.62 FEET; THENCE NORTH 44°41-13' WEST, A DISTANCE OF 25.03 FEET; THENCE NORTH 8900W25" WEST, ALONG A LINE 67.00 FEET SOUTH OF, AND PARALLEL. WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 347.52 FEET, TO THE POINT OF BEGINNING. CONTAINING 16.5314 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: (PARCEL B) A PORTION OF TRACTS 2, 3, 4, 5, 6 AND 12, OF "FORT LAUDERDALE TRUCK FARMS SUBDIVISION" OF SECTION 13, TOWNSHIP 49 SOUTH RANGE 41 EAST, BROWARD COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 4, PACE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.' CURVE HAVING A RADIUS OF 626.93-FEE T, A CENTRAL ANGLE OF 50°36'05" AND AN ARC LENGTH OF 5533.68 FEET, TO THE POINT OF TANGENCY, THENCE SOUTH 38"3 I r EAST, A DISTANCE .OF 101.04 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND. SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 145.00 FEET, A CEI+ TRAL ANGLE OF 76050`37* AND AN ARC LENGTH OF 194.47 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 38°17'300 WEST, A DISTANCE OF 2596.07 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE .EFT; THENCE, WESTERLY ANC? ,SOUY'HERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 950.00 (FEET, A CENTRAL ANGLE OF 35'*W40" AND AN ARC LENGTH OF 595 FEET, TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS SOUTH 3601532" WEST, FROM THE LAST DESCRIBED POINT, THENCE SOUTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 230°1lr12" AND AN ARC LENGTI4 OF 502.40 FEET, TO A POW OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT: THENCE NORTHEASTERLY ALONG TH'E ARC OF SAID CURVE HAVING A RADIUS OF 1150.00 FEET, A CENTRAL ANGLE OF 37e06'41" AND AN ARC LENGTH OF 744.87 FEET; TNENCE NORTH 51 °42'30' WEST, A DISTANCE v CFN # 107290879, OR BBC 44460 PG 1662, Page 10 of 29 OF 25.36 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 520.00 FEET, A CENTRAL ANGLE OF 4r03'10' AND AN ARC LENGTH OF 436.11 FEET, THE LAST SIX DESCRIBED COURSES BEING COINCIDENT WITH THE BOUNDARY OF "THE MAINLANDS OF TAMARAC LACES 6TH SECTION", AS RECORDED 1N PLAT BOOK 65. PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH '89°4T0w WEST, A DISTANCE OF 175.94 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERI..Y AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90'00'v0" AND AN ARC LENGTH OF 39.27 FEET, TO THE POINT OF TANGENCY, THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE SOUTHERLY BOUNDARY OF N.W.50TH STREET, AS SHOWN ON SAID PLAT "THE MAINLANDS OF TAMARAC LAKES 6TH SECTION" THENCE SOUTH 00*13* 00" EAST, ALONG A LINE 50.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE Al S 3, A OFI A ON N { a HEN 59 1 '4 EST, N 3 12, N 13' ON A L E FE D IG ANGLE S 1 .00 FEE T * INT # I T 1 OUTH 5' OU LINE F 12, CrE .22 A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT,1�tHOSE RADIUS POINT SEARS SOUTH W4T25w EAST, FROM THE LAST DESCRIBED POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 7789.44 FEET, A CENTRAL ANGLE OF 13°44'55" AND. AN ARC LENGTH OF 1778.52 FEET TO THE POINT OF TANGENCY; THENCE !NORTH 380'17'30" EAST, A DISTANCE OF 2088.09 FEET, THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY; THENCE NORTH 33*66`43" !NEST, A DISTANCE OF 601.27 FEET; THENCE NORTH 41d541Or FAST, A DISTANCE OF 8.00 FEET, TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT. WHOSE RADIUS POINT BEARS. SOUTH 4186W 19". WEST, FROM THE LAST DESCRIBED POINT: THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 687.93 FEET, A CENTRAL ANGLE OF 41 °03'44" AND AN ARC LENGTH OF 836.35 FEET, TO THE POINT OF TANGENCY; THENCE NORTH 89009260 WEST, ALONG A LINE 57.00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SECTION 13, A INSTANCE OF 953.91 FEET; THENCE SOUTH 45918 4r WEST, A DISTANCE OF 25.87 FEET TO THE POINT OF BEGINNING. CONTAINING 44.3913 ACRES, MORE OR LESS. Gil 0 u CPH * 107290879 , OR BK 44460 PG 1663, Page 11 of 29 0 r, u TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: (PARCEL C) A PORTION OF TRACTS 13, 14 AND 15 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND A PORTION OF TRACTS 2 AND 3 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND THE RIGHT-OF- WAY ADJACENT THERETTO, ACCORDING TO THE PLAT THEREOF, OF "FORT 1.AUDERDAL E TRUCK FARMS SUBDIVISM.. AS RECORDED IN PLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF SROWARD COUNTY, FLORID, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (PARCEL C SOUTH) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 124 THENCE SOUTH 89*OW2T EAST, ALONG THE SOM LINE OF SAID 1111 � • • � W" '45" 0 SS ING; T B FE 1- NG 7 OUD Y OF`� E N C OT 68 f i PAG 4, F SKID IC CORDS, THE FO OWING IGHT (8) COURSES: SO(JTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 114034=09', AN ARC DISTANCE OF 239.95 FEET; THENCE. SOUTH BOW250 EAST, A DISTANCE OF 775,63, FEET; THENCE SOUTH 00*W350 WEST. A DISTANCE OF 276.77 FEET; THENCE NORTH 89OW25" WEST, A DISTANCE OF. 509.68 FEET, TO THE, POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 155.00 FEET, A CENTRAL ANGLE OF 51 °4W54" AND AN ARC LENGTH OF 140.22 FEET, TO THE POINT OF TANGENCY. THENCE SOUTH 39*00141" WEST, A DISTANCE OF 162.33 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 155.00 FEET, A CENTRAL ANGLE OF 38"I V06' AND AN ARC LENGTH OF 103.26 FEET, TO THE POINT OF TANGENCY, THENCE SOUTH 00°50'35° WEST, A DISTANCE OF 236.38 FEET; THENCE FORTH 89*092T WEST, ALONG A LINE 60.00 FEET NORTH OF, AND PEEL WITH, AS MEASURED AT RIGHT ANGLES TO, SAID SOUTH LINE. OF SECTION 12, A DISTANCE OF 197.12 FEET TO THE POINT OF BEGINNING. (PARCEL C NORTH) CFN # 107290879, OR BK 44460 PG 1664, Page 12 of 29 COMMENCING AT THE AFOREMENTIONED POINT OF BEGINNING; THENCE NORTH 00'13'450 WEST, ALONG SAID LINE PARALLEL. TO THE WEST LINE OF SECTION 12, A DISTANCE OF 920,53 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00'13'45" WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 334.47 FEET; THENCE SOUTH 89°0W25' EAST, ALONG A LINE 5.00 FEET SOUTH OF, AND PARALLEL WITH. AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID TRACTS 13,14 AND 15. A DISTANCE OF 3308-21 FEET, TO THE EAST LINE OF SAID TRACT 15; THENCE SOUTH 00'12'55" EAST, ALONG THE EAST LINE OF SAID TRACT 15, A DISTANCE OF 381.98 FEET; THENCE SOUTH 44001'43' WEST, A DISTANCE OF 197.50 FEET; THENCE SOUTH 7Mr33" WEST, A DISTANCE OF 174.15 FEET; THENCE NORTH 78034.OW WEST, A DISTANCE OF 369.90 FEET; THENCE SOUTH 520 55`080 WEST, A DISTANCE OF 276.97 FEET; THENCE SOUTH 2700140" VILEST, A DISTANCE OF 368.82 FEET; THENCE SOUTH 39057'13" NORTH, A DISTANCE OF 684.60 FEET; THENCE NORTH 47*5228' NEST,_ A DISTANCE OF .00 U 0 I TE L F C V VI A RADI 1 F 1' N C LEN 7 .3. N, H a C 89 4 2 A I ,75 ET; Uri p E MAINLANDS OF TAMARAC LAKES SEVENTH SECTION", THE FOLLOWING THIRTEEN (13) COURSES: NORTH OVW35" EAST, A DISTANCE OF 603.00 FEET; THENCE NORTH SVO9123M WEST, A DISTANCE OF 90.00 FEET; THENCE NORTH 0095VW EAST, A DISTANCE OF 191.77 FEET THENCE SOUTH 89*0925" EAST, A DISTANCE OF 353:00 FEET; THENCE SOUTH 00.50'35" WEST, A DISTANCE OF 323.00 FEET, TO A POINT OF CURVATURE aF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 310.00 FEET, A CENTRAL, ANGLE OF 80°00'00` AND AN ARC LENGTH OF 324.63 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 59°0975" EAST, A DISTANCE OF 293.00 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; 'FENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 135.00 FEET, A CENTRAL ANGLE OF 116'26'13" AND AN ARC LENGTH OF 274.35 FEET, TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 720.00 FEET, A CENTRAL ANGLE OF 43°33'39" AND. AN ARC LENGTH- OF $47.40 FEET, TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 31 °41'55' AND AN ARC LENGTH OF 121.71 FEET, TO A POINT ON THE ARC 0 0 0 CFN # 107290879, OR SK 44460 PG 1665, Page 13 of 29 I* OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT SEARS NORTH 19016"00- EAST, FROM THE LAST DESCRIBED POINT: THENCE EASTERLY, NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 198a2575" AND AN ARC, LENGTH OF 415.68 FEET, TO THE POINT OF TANGENCY; THENCE NORTH 89" 09"2V WEST, ALONG A LINE 275.00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID TRACTS 13,14 AND 15, A DISTANCE OF 2210.00 FEET, TO 17HE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT.- THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 62*23'570, AN ARC LENGTH OF 130,69 FEET TO THE POINT OF BEGINNING. CONTAINING 48.109 ACRES, MORE OR LESS. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORID& AND CONTAIN 109.031 ACRES, MORE OR LESS. _ 00 T 0 --)) -i 0 0 CETT # 107290879, FOR BK 44460 PG 1666, Page 14 of 29 M 0 0 0 cmw # 107290879, OR BK 44460 PG 1667, Page 15 of 29 C, r� u 0 Return recorded copy to (enclose self-addressed stamped envelope): Name: Address: This Instrument Prepared by: the laws of the State of Florida, with a post office address of 7525 N.W. 88" Avenue, Tamarac, Florida 33321-2401 ("City"). WHERLkS, Declarant is the fee simple owner of certain lands located in Broward County, Florida, more particularly described in Exhibit altacbed 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 Counter .sand Use Plan, PC 06-34, and the City Land Use Plan, i -LUA: 4b, respectively, to change the Property's land use designation from Commercial Rccrcation to Low (5) Residential: WHEREAS, Declarant proposes to construct up to 496 residential units on the Property; and WTEREAS, in connection with such approval, Declarant voluntarily agreed to enter into this Declaration regarding the provision of Workforce Housing Units (as hereinafter defined) on the Property; and NOW, THEREFORE, Declarant agrees and covenants to the following: l . RED (QOfK}525?.DOC v.1 81912M7 12.05 PMj I The above recitals are true and correct and am incorporated herein. CF'N # 107290879, OR BK 44460 PG 1668, Page 16 of 29 2. QDUQATION OF D QLAKAK. Declarant shall offer for sale to the public a minimiun of seventy four (74) 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 markct rate townhouse units. 3. IF N F MDRKIFORCE IM AND PU&C BASER. For the purpose of satisfying this Declambon, a Workforce Housing Unit shall mean that each such residential unit so designated shall be offered for sale by the Dectamm for a purchase pace ("Base Purchase Price") that does net exceed the greater of: (i) S229,000.00 per residential unit; or (ii) the applicable maximum sales price for Workforce Horsing Units as determined for ..-..... .�. .-... Wit--......� . .n-. ..+"� r-•a rr.�""�..., r�-sr---.r-� h��tatal rt ao s pot exc Ain wsrd r/"all O"Mn (a and as a0rovM by the`,* of Tamarac. "OORC "OR VI AB l k rc Oevel,.Onostiep t ct p t 1 inc Lures: (a t 41easonee entrance; {b) accessibletco�rways on the entry-leve floor with a clear width of at least thirty-fwo (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 (IS) and forty-eight (48) inches above the floor), and (g) lever handles on doorways. 5. LIMITATION ON SALE Qf MQ9UO E UNITAny person why 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 (15) 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 suet of: (a) the purchase price paid by such seller for purchase of the W©rkforaces Housing Unit; (b) ordinary and reasonable closing casts 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. 0 l`3 At such time as an owner of a Workforce dousing unit detennines to sell such unit within the fifteen (15) year period described in Section S hereof, the owner shall provide written notice to the Cty's Director of Community Development by certified mail, return receipt requested, and request that the City present a Qualified Peron 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 unabic to procure (000052 57. DOC v, t "/2007 12,05 PM } 4D r� u 0 CEN # 107290879, OR BK 44460 PG 1669, Page 17 of 29 so 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 de Zonstrating compliance with the purchase price limitations set forth in Section 5 hereof. 7. 5EVER.ABILITY. 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. $. NT F RESTRICT MYENANTS 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 perms, entity or entities, violating or attempting to violate the terms of these restrictive covenants. Any failure of t en 0 cti c is shfV0flee of th rc ht t theft r. eclaration sha be orded un the u Iic orris v i ion eo all cons, h d h e f tce an #' i ding u e un a ign d ,1 e ti es, e e su c i i re herein. no events li the restrictive covenants set forth erein encumber, restrict or aMet, its any way whatsoever, any of the other residential units constructed on the Property, other than the Workferee Housing Units. 10. MARE AGREEEMEL�..�tT. This Declaration constitutes the entire agreement, with regard to the subject, matter contained herein, and may only be amended, mortified or released with the consent of the parties. 1 I . AMT.14ORITY OEP CLARANT. The undersigned hereto expressly covenants { OW05?57, DOC v , E 81912007 13*5 PM i t 0 CPR # 107290879, OR BK 44460 PG 1670, Pace 19 of 29 and represents that he/she has the authority to enter into this Agreement and so bind the Declarant. IN WrINESS WHEREOF, the undersigned has caused this Declaration to be executed this _ day of , 2007 Witnesses: DECL WT Prestige Homes of Tamarac, Inc. By (Signature) (Signature) Print name: Print name: Title: Address: E— Pr.n n .- f , 200 7 Z' t A RATES L) igna p _ Pn acne of Secretary: ACKNOWLE R Id�iN/I' TNERS i STATE OF ) ) SS COUNTY OF ) The foregoing insu meet was acknowledged before me this day of 20071 by as of a corporation/partnership, on behalf of the corporation/partnership. He or she is: C )personally known to me, or [ ]produced identification. Type of identification produced (Seat) My commission expires: 100005257.DOC v.i 8NI2007 12;05 PM) t NOTARY PUBLIC: Print name: 0 0 0 CFN # 107290879, OR BK 44460 PG 1671, Page 19 of 29 0 LEGAL DESCRUION n COPIV LF'Li�= z L 100005257-DOC v.1 8/9/2007 12:05 PM} (a GFNI # 107290879, OR BK 44460 PG 1672, Page 20 of 29 (PARCEL A) A PORTION OF TRACTS 4 AND 5 OF "FORT LAUDERDAL.E TRUCK FARMS SUBDIVISION" OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, BROWARD COUNTY, FLORIDA. 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 NORTHWEST CORNER OF SAID SECTION 13;THENCE SOUTH 89°09'25" EAST. ALONG THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 375.06 FEET, THENCE SOUTH 00013'00" EAST, A DISTANCE OF 67.01 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE SOUTH 00° 13'00" EAST, A DISTANCE OF 1345.52 FEET, THENCE SOUTH 80Q47'00" WEST. A DISTANCE OF 325.00 FEET; THENCE SOUTH 00°13'00" EAST, ALONG A LINE 50.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, E t III AID 13, 1 13 FE , TO AN I H R - WA1 STRE HC N T.. "T N ES 6T EC O A R RDE N BO fi , PA 46, 0 THE BLI OFpA, (SAl T ��\/7 F D I S BE G H RC OF' Cl C R 0 FT, OS TH , OM E ST D CRI D NT 7 EN HERL. No Y ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°40'00" AND AN ARC LENGTH OF 39.27 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89°47'00" EAST, A DISTANCE OF 175.00 FEET, THE LAST TWO.DESCRIBED COURSES BEING COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE OF N.W. 50TH STREET; THENCE NORTH 00° 13'OV' WEST, A DISTANCE OF 505.00 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 135.00 FEET, A CENTRAL ANGLE OF 90"00'00" AND AN ARC LENGTH OF 212.06 FEET, TO THE POINT OF TANGENCY; THENCE NORTH 89°47'00" EAST, A DISTANCE OF 265.00 FEET, THE LAST THREE DESCRIBED COURSES BEING COINCIDENT WITH THE WESTERLY AND NORTHERLY BOUNDARY LINES.OF BLOCK 118, OF SAID PLAT OF "THE MAINLANDS OF TAMARAC LAKE 6TH SECTION`; THENCE NORTH 00* 13'00" WEST, ALONG THE WESTERLY LINE OF LOT I BLOCK-1 18, OF SAID PLAT "THE MAINLANDS OF TAMARAC LAKES 6TH SECTION", AND THE NORTHERLY PROJECTION OF THE WESTERLY BOUNDARY LINE OF BLOCK 107 OF SAID PLAT "THE MAINLANDS OF TAMARAC LAKES 6TH SECTION", A DISTANCE OF 1549.41 FEET; THENCE NORTH 89."47'00" EAST, A DISTANCE OF 90.00 FEET; THENCE NORTH 00°13'00" WEST, A DISTANCE OF 116,82 FEET; THENCE NORTH 44°41'13" WEST, A DISTANCE OF 25.03 FEET; THENCE NORTH 89°09'25" WEST, ALONG A LINE 67.00 0 0 40 CrN # 107290879, OR BK 44460 PG 1673, Page 21 of 29 0 I u FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES. TO, THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 347.52 FEET, TO THE POINT OF BEGINNING. CONTAINING 16.5314 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: (PARCEL. B) A PORTION OF TRACTS 2, 3,41516 AND 12, OF "FORT LAUDERDALE TRUCK FARM$ SUBDIVISION" OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST,. BROWARD COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 0 _! 1 0 a w � "' `' lit � • i ii' i# •' CORVt HAWIG A'9A"Z.93 T;�K'CENT L ANGLE OF 50036'.05'' AND AN ARC LENGTH OF 553.68 FEET, TO THE POINT OF TANGENCY;, THENCE SOUTH 38°33'14" EAST, A DISTANCE OF 101.04 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; WHENCE EASTERLY AND SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 145.00 FEET, A CENTRAL ANGLE OF 76°60'37" AND AN ARC LENGTH OF 194.47 FEET, TO THE POINT" OF TANGENCY; THENCE SOUTH 38617'3Cr WEST, A DISTANCE OF 2596.07 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 950.00 FEET, A CENTRAL ANGLE OF 35058'40" AND AN ARC LENGTH OF 595.98 FEET, TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS SOUTH 36015'32" WEST, FROM THE LAST DESCRIBED POINT; THENCE SOUTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 230*1 Tl2" AND AN ARC LENGTH OF 502.40 FEET, TO A POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1150.00 FEET, A CENTRAL. ANGLE OF 37°06141" AND AN ARC LENGTH OF 744.87 FEET; THENCE NORTH 51°42'30" WEST; A DISTANCE OF 25.3.6 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CEN # 107290879, OR BK 44460 PG 1674, Page 22 of 29 CURVE HAVING A RADIUS OF 520.00 FEET, A CENTRAL ANGLE OF 48°03'10" AND AN ARC LENGTH OF 436.11 FEET, THE LAST SIX DESCRIBED COURSES BEING COINCIDENT WITH THE BOUNDARY OF "THE MAINLANDS OF TAMARAC LAKES 6TH SECTION", AS RECORDED 1N PLAT BOOK 65, PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE SOUTH 89°47'00" WEST, A DISTANCE OF 175.94 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 94°00'00" AND AN ARC LENGTH OF 39.27 FEET, TO THE POINT OF TANGENCY, THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE SOUTHERLY BOUNDARY OF N.W. 50TH STREET, AS SHOWN ON SAID PLAT "THE MAINLANDS OF TAMARAC LAKES 6TH SECTION"; THENCE SOUTH 00*13' 00" EAST, ALONG A LINE.50.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID SECTION 13, A DISTANCE OF 174.48 FEET, TO A► POINT ON THE t Ana 1���F�i�E�CE�SQU7H18@'15 Y'IEA !1� 1 0� 0 POINrON THE ARC'OEA CIRU=R CURVE -TO THERIGHT,-WHOSE RADIUS POINT BEARS SOUTH 84°47'25" EAST, FROM THE LAST DESCRIBED POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 7789.44 FEET, A CENTRAL ANGLE OF 13004'55" AND AN ARC LENGTH OF 1778.52 FEET_ TO THE POINT OF TANGENCY; THENCE NORTH 38°17'30" EAST, A DISTANCE OF 2088.09 FEET, THE LAST IWO DESCRIBED COURSES BEING COINCIDENT WITH THE WESTERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY; THENCE NORTH 33°55'43" WEST, A DISTANCE OF 601.27 FEET; THENCE NORTH 41 °54' 19" EAST, A DISTANCE OF 8.00 FEET, TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS SOUTH 41054119" WEST, FROM THE LAST DESCRIBED POINT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 887.93 FEET, A CENTRAL ANGLE OF 4'1 °03'44`' AND AN ARC LENGTH OF 636.35 FEET, TO THE POINT OF TANGENOY; THENCE NORTH 89009'25" WEST, ALONG A LINE 67,00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 953.91 FELT; THENCE SOUTH 45918'48" WEST, A DISTANCE OF 25.67 FEET TO THE POINT OF BEGINNING. CONTAINING 44.3913 ACRES, MORE OR LESS. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: 0 Is u CF7 # 107290879, OR BK 44460 PG 1675, Page 23of29 u 0 0 (PARCEL C) A PORTION OF TRACTS 13,14 AND 15 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND A PORTION OF TRACTS 2 AND 3 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND THE RI,GHT-OF- WAY ADJACENT THERETO, ACCORDING TO THE PLAT THEREOF, OF "FORT LAUDERDALE TRUCK FARMS SUBDIVISION", AS RECORDED IN FLAT BOOK 4, PAGE 31, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. (PARCEL C SOUTH) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE SOUTH 83°09'25" EAST, ALONG THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 653.01 FEET; THENCE NORTH 00'13'45" E P TO E E N AID TI DI 60. O T I a E 1 NINC; N O 0� 1' T, E 0 .38 F O 01 o A C wH0 �Sj� FROM NmARY OI COURSES: SOUTHEASTERLY_ , EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 114°34'09", AN ARC DISTANCE OF 239.95 FEET; THENCE SOUTH 89909'25" EAST, A DISTANCE OF 775.53 FEET; THENCE SOUTH 00*50'35" WEST, A DISTANCE OF 276.77 FEET; THENCE NORTH 894'09'25" WEST, A DISTANCE OF 509.68 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 155.00 FEET, A CENTRAL ANGLE OF 51049-54" AND AN ARC LENGTH OF 140.22 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 390'00"41" WEST, A DISTANCE OF 162-33 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT THENCE WESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS. OF 155.00 FEET, A CENTRAL ANGLE OF 38410'06" AND AN ARC LENGTH OF 103.26 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 00*50'35" WEST, A DISTANCE OF 235.38 FEET; THENCE NORTH 8900975" WEST, ALONG A LINE 60.00 FEET NORTH OF, AND PARALLEL WITH, AS MEASURED AT FIGHT ANGLES TO, SAID SOUTH LINE OF SECTION 12, A DISTANCE OF 197.12 FEET TO THE POINT OF BEGINNING. (PARCEL C NORTH) CFN # 107290879/ OR AK 44460 PG 1676, Page 24 of 29 COMMENCING AT THE AFOREMENTIONED POINT OF BEGINNING; THENCE NORTH 00°13'45" WEST, ALONG SAID LINE PARALLEL TO THE WEST LINE OF SECTION 12, A DISTANCE OF 920.53 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00°13'45„ WEST, ALONG SAID PARALLEL. LINE, A DISTANCE OF $34.47 FEET; THENCE SOUTH 89009'25" EAST, ALONG A LINE 5.00 FEET SOUTH OF, AND PARALLEL. WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID TRACTS 13, 14 AND 15, A DISTANCE OF 3308.21 FEET, TO THE EAST LINE OF SAID TRACT 1.5; THENCE SOUTH 00"1.255it EAST, ALONG THE EAST LINE OF SAID TRACT 15, A DISTANCE OF 381.98 FEET; THENCE SOUTH 44101'43" WEST, A DISTANCE OF 197.50 FEET; THENCE SOUTH 77027#33" WEST, A L DISTANCE LOF 174.15 FEET; THENCE NORTH 78°34'08" WEST, A DISTANCE OF 369.90 FEET; THENCE SOUTH 52"55008" WF/ ST, A DISTANCE OF 276.97 FEET; THENCE SOUTH 27"01'40" WEST, A DISTANCE OF 358.82 FEET: THENCE. SOUTH 39a57'13" NORTH, A DISTANCE OF 684.60 FEET; THENCE NORTH 47°52'28" WEST, A DISTANCE MAINLANDS OF TAMARAC LAKES SEVENTH SECTION", THE FOLLOWING THIRTEEN (13) COURSES: NORTH 00*50'35" EAST, A DISTANCE OF 603.00 FEET; THENCE NORTH 89°09'25' WEST, A DISTANCE OF 90.00 FEET; THENCE NORTH 00050'35" EAST, A DISTANCE OF 191.77 FEET; THENCE SOUTH 89°0925" EAST, A► DISTANCE -OF 353.00 FEET; THENCE SOUTH 00°50'35" WEST, A DISTANCE OF 323.00 FEET, iO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 310.00 FEET, A CENTRAL ANGLE OF 60°00'00" AND AN ARC LENGTH OF 324.63 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 59009'25" FAST, A DISTANCE OF 293.00 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF, SAID CURVE HAVING A RADIUS OF 135.00 FEET, A CENTRAL ANGLE OF 116°26'13" AND AN ARC LENGTH OF 274.35 FEET, TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 720.00 FEET, A CENTRAL ANGLE OF 43033*39" AND AN ARC LENGTH OF 547.40 FEET, TO THE POINT OF REVERSE CURVATURE- OF A CIRCULAR CURVE TO THE LEFT; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 220.00 FEET, A CENTRAL ANGLE OF 31 °41'55" AND AN ARC LENGTH OF 121.71 FEET, TO A POINT ON THE ARC I* 0 0 CEN # 107290879, OR BK 44460 PG 1677, Page 25 of 24 0 0 0 OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT SEARS NORTH 19°16'00" FAST, FROM THE LAST DESCRIBED POINT; THENCE EASTERLY, NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 120.OD FEET, A CENTRAL ANGLE OF 198625'25" AND AN . ARC LENGTH OF 415.58 FEET, TO THE POINT OF TANGENCY; THENCE NORTH 89009'25" WEST, ALONG A LINE 275.00 FEET SOUTH OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID TRACTS.13, 14 AND 15, A DISTANCE OF 2210.00 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, THENCE WESTERLY, SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 120.00 FEET, A CENTRAL. ANGLE OF 62023-57% AN ARC LENGTH OF 130.69 FEES' To THE POINT OF BEGINNING. CONTAINING 48.109 ACRES, MORE OR LESS. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 109.031 ACRES, MORE OR LESS. GFN # 107290879, OR BK 44460 PG 1678, Page 26 of 29 0 EXHIBIT LEGAL DESCRIPTION _f • � w � il � a -N - 0 U 11 H 0 1 ID 0,�\31-1-1, Cc-,u CEN # 107290879, OR BX 44460 PG 1679, Page 27 of 29 r� u CI LEGAL DESCRIPTION: A PORTION OF TRACT 15 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND A PORTION OF TRACTS 2 AND 3 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, AND THE RIGHT—OF-WAY ADJACENT THERETO, ACCORDING TO THE PLAT THEREOF,' HEREOF, OF "FORT LAUDERDALE TRUCK FARMS SUBDIVISION", 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 SOUTHEAST CORNER OF BLOCK 139, "THE MAINLANDS OF TAMARAC LAKES SEVENTH SECTION too AS RECORDED IN PLAT BOOK 68, -PAGE 4, OF SAID PUBLIC RECORDS; THENCE NORTH 00*50'35" EAST, ALONG THE EAST LINE OF SAID BLOCK 139, A DISTANCE OF 7.40 FEET; THENCE SOUTH 89009'25" EAST, A DISTANCE OF 9.75 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; C T AN EA R. ARC S U I 14.9 D RAL E 1° E FE =EjR 41,L G i ALT S1' S IA DI AN H 7° S,t Si', A D C 3 T P E RH CE N H ° 7`1 " D TH 46 T' NCE � 1 T A I(aH • y 9F THE SUNSHINE STATE PARKWAY; THENCE SOUTH 38017'30" WEST, ALONG SAID WEST RIGHT—OF—WAY LINE, A DISTANCE OF 692.52 FEET; THENCE NORTH 4202354" WEST, A DISTANCE OF 294.45 FEET; THENCE NORTH 47°52'28" WEST, A DISTANCE OF 229,92 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 8.000 ACRES, MORE OR LESS. CFN # 107290879, OR BK 44460 PG 1680, Page 29 of 29 0 .'"" ` I pit . `D" RIP IRE S.T T! P 0 cFN # 107290879, OR BBC 44460 PG 1681, Pate 29 of 29 I LEGAL DESCRIPTION; A PORTION OF TRACT 13 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST ACCORDING TO THE PLAT THEREOF, OF "FORT LAUDERDALE TRUCK FARMS SUBDIVISION", 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 SOUTHWEST CORNER OF SAID SECTION 12; THENCE NORTH 00°13'45" QUEST, ALONG THE NEST LINE OF SAID SECTION 12, A DISTANCE OF 60.01 FEET, THENCE SOUTH 89°09'25" EAST, A DISTANCE OF 87.35 FEET TO THE POINT OF BEGINNING; THENCE NORTH 44041'35" WEST, A DISTANCE OF 49.03 FEET; THENCE NORTH 00'*13'45" WEST, ALONG A LINE 53.00 FEET EAST OF AND PARALLEL. WITH (AS MEASURED AT RIGHT ANGLES TO) SAID WEST LINE OF SECTION 12, A DISTANCE OF394.80 FEET; THENCE SOUTH 89°09'25" EAST, A N FE CE UT 0 5 , A4RW I' E NC 8910 To f NCEEE TH 0 EA I T E F 20 H E 09'2 " AL G L .00 EET E . U A FIGHT77FIV E. LI I 12, S E F 265. B I G SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 2. 000 ACRES, MORE OR LESS. r� u 0 0 0 INBTR # 11181.5122 , CAR BK 50181. PG 1776, Page 1 of 04:; 41 PM, Broward County Commission, Deputy Clerk t Return recorded copy to Siegel, Lipman, Dunay, Shepard, & Miskel LLP 5355 Town Center Road, Suite 801 Boca Raton, Florida 33485 This Instrument Prepared by; Scott Backman, Esq. Siegel, Lipman, Dunay, Shepard, & Miskel LLP 5355 Town Center Road, Suite 801 Boca Ratan, Florida 33486 \l 12, Recorded 09/18/201.3 at 2165 1L MUM G DkTA _ 1 x ("At did Di6dararioriUis enteredi to as of this day of 2013, by SPL HOLDINGS, LLC, a Colorado Ilrnited liability company, whose address is 1450 Infincte Dave, Louisville, CO 80027, its successors and assigns, SPL South Holdings, LLC, a Delaware limited Ilabilky company, whose address is 4949 S.W. 7514 Avenue, Miami, Florida 33155, Its successors and assigns (Collectively referred to herein as "'Declarant"), for the benefit of the City of Tamarac, a Florida municipal corporation, whose address is 7575 N.W. 880 Avenue, Tamarac, Florida 33321 ('!City") and Broward County, a political subdivision of the State of Florida, whose address is 115 South Andrews Avenue, I"ort 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 06-30 ("Application") to change the Property's Land Use flan designation from Commercial Recreation to Low (5 Dwelling units Per Acre) Residential, Declarants predecessor -in -interest to the Property entered into that certain Declaration of Restrictive Covenants recorded to Official Records Book 44460, Page 1653 ("Declaration") restricting utilization of the Property and establishing certain affirmative obligations on Declarant as set forth therein; and WHEREAS.. Declarant desires to amend the Declaration to reduce density upon the Property, moVy the proposed unit mix and amend the timing and terms of curtain 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 thereof, their heirs, successors and assigns: 1. Recitals. The above recitals are true and correct and are incorporated herei by reference. Pdacc l 1 Submitted By RETURN To DOCUMENT CONTROL Exhibit 2 INSTR # 111 S 15122 , OR BK 50181 PO 1777, Page 2 of 12 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 Four Hundred Thirty Four (434) single family 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 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. t U e on a per . i P r A - f L', f Al /. ... Declarant shall pay to the City an affordable housing impart fee of Four Hundred d-ua3-►�s,�, ach n t �5�n � cted dnf he Trro7.,�oft6l)ecla e II be p a (e t e i ty saes that, m s sfa���'ror(of Par raa (aon. larant s d on the 5. Paragraph 4 (c) of the Declaration is amended in its entirety as follows; Declarant shall pay a municipal services Impact fee of Four Hundred Thousand Dollars ($400,000.00) to the City to be used for municipal purposes, including, but not limited to, improvements to the Park Property and/or Fire station Property. This fee shall be payable to the City on a permit by permit basis for each unit constructed on the Property. 6. Paragraph S of the Declaration is amended in its entirety as follows: In addition to satisfying the County's transportation concurrency requirements, Declarant shall pay a Transportation Mitigation Impact Fee of One Hundred Fifty Thousand Dollars ($150,000) to County towards the implementation of Traffic Signalization Engineering Improvements either on Commercial Boulevard or on other roadway facilities within the Land Use Plan Amendment impact area to mitigate the traffic impacts of Land Use Plan Amendment PC 06-30. This obligation shall be satisfied 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. 7. 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 6 and Mainlands 7. Following installation of such improvements, any unused portion of the Escrowed Funds shall be returned to Declarant six (6) months following Issuance of the final certificate of occupancy for the project. 2 0 0 0 ZNSTR # 111815122 , OR BK 50181 PG 1778, Pace 3 of 12 0r I 11 Paragraph 7 of the Declaration is amended in its entirety as follows: Declarant shalt 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 to the City on a permit by permit basis for each unit constructed on the Property. 9. City and County acknowledge and accept the terms of this Amended Declaration in accordance with Paragraph 13 of the Declaration. 10. of th Except to the extent modified herein, the Declaration is hereby ratified and reaffirmed and shall ain t , its s c ss Prope r th en t 7 INSTR # 111815122 , OR BK 50181 PG 1779, Page 4 of 12 IN WITNESS WHEREOF, Declarant has executed this Amendment to declaration of Restrictive Covenants as follows: Signed, sealed and delivered in the presence of: WITNESS: SPL HOLDINGS olorado limited liability company, by FLORIO EAL STAT VALUE FUND MANAGER, LLC, a e a 1' it labil SONM I Partne ::of s' L A RE L E it Ifelaware f m to a n in em r -12 r t a Ro e uric tn' , -� L I j rent e: STATE OF FLORIDA COUNTY OF �L4 t The foregoing in rume t was acknowledged before me this day of , V , 2013, by ROBERT SURIS, of FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, General Partner of FLORIDA REAP. E ATE VALUE FUND, LP, a Delaware limited partnership, Managing Member of SPL HOLDINGS, i.LC, a C or do limited liability company, on behalf of said entities. He is�natly known to me or has produ d as Identification. Seal oi"a" vuerc 6" a rWft s! r)If yey ems: wrC«n+ " 00"1 x 3 kC<Public, State of Florida My commission expires: 3 0 0 0 INSTR # 1118151. 2 2, OR BK 50181 PG 1780, Page 5 of 12 r� u r 0 i 0 0 IN WITNESS WHEREOF, declarant has executed this Amendment to Declaration of Restrictive Covenants as follows: Signed, seated and delivered In the presence of: WITNESS*. SPL HOLDINGS, , Colorado limited liability company, by FLORIDA R E VALUE FUND M AGER, LLC, a Florida limit li ili company, sole ral Partner of FLORIDA R L A VALUE FUND, Delaware ,- fled pay hi M r P n na ud se4�aglrfga Zl\ Z Li4 STATE OF FLORIDA COUNTY OF �l rr�i err • w..w.r.+�.ti. The foregoing instrument was acknowledged before me this $9 day of , 2013, by Arnaud Karsenti, Managing Member of FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, Genera! Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partnership, Managing Member of SPL HOLDINGS, LLC, a Colorado limited liability company, on behalf of said entities. He is personally known to me or has produced as identification. Ap-ma w .. Seal * *Y FF 17 EXpSES: Apt 2Z Notary Public, State of Florida My commission expires: c4i swim 6 INSTR # 1.11815122 r 4R EK 50181 PCB 1781, Page 6of12 f WITNESS: SPt SOUTH HOLD , Delaware limited liability company, ORIDA REAL I TATE VAL E FUND MANAGER, LLC, a Flor . a limited liabili co any ole General Partner of FLORIDA AL ESTATE V E FYNDI , a Delaware limited partnership, a anagi Me er. S.L-. 8y: Print name: i Robert Suris b f re me this d f Lt l 01% VALU M ,IL] -a Florida limited liability company, General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partnership, Managing Member of SPL SOUTH MOLDINGS, LLC, a Delaware limited liability company, on behatf of said entities. He is personally known Y me or has produced as identification. Seal P ' d fkxift �*, ps Ff 003651 ary Public, State of Florida My commission expires: y6 u CI I* INSTR # 111815122, OR BK 50191 PG 1782, Page 7 of 12 WITNESS: L SPL SOUTH HOL"GS,.4CC, a Delaware limited liability company., by F�0111 AL ESTATE VALUE FUND MANAGER, "R' 4 A$) LI.C.. a Florli a jmFfttAd 119b"Ity company General Partner of A FLORIDA RE GLUE FUND, elaware limited a , ana i partnership, S LLL aing Member BY: Arnaud KaNrizenti, Managing kfeftfir T6=--1W1 g i e t was ckn5ot ed before me 6ii I 10y �f 'il 3., Uj arsen 1. Mana t i r o* R11 LA L ESTATE U q&w�A E a I rida, v Vr i L L rtj Lot ailielawCare I ited If 11tv co any, ne n i ce�f L R L STATE E IF iO? partnership,, Managing Member of SPL SOUTH HOLDINGS, LLC, a Delaware limited liability company, on behalf of said entities. He, is personally known to me or has produced as identification. Se A0 22,2017 0 Notary Public, State of Florida My commission expires: Lj 19JI.-VI A FM INSTR # 111815122, OR BK 50181 PG 1783, Pace 8 of 12 1oingler & Qnsent 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): Print name; q-iamr STATE OF *Rz gApA ) SS. COUNTY OF Civmr+t -4,,m r SPL HOLDI Ll.C, a Colorado limited liability company, Flo Ida' Real Estate lue Fund Manager, LLC, a F da !i ited liability pany, sole General Partner Florid Real Estate V Fund, LP a Delaware limited rtner io, ember naging The foregoing instrument was acknowledged before me this l day of 28L, by Arnaud Karsentl as Managing Member of Florida Real Estate Value Fund Manager, LLC, a Florida limited liability company, General Partner of Florida Real Estate Value Fund, LP, a Delaware limited partnership, Managing Member of SPA. Holdings, LLC, a Colorado limited liability company, on behalf of the corporation/ partnership. He or she Is: personally known to me, or [] produced Identification. Type of identification produced ��EBRii (Seal) * * W : �� � ��7 EX? ��►{ gpnt�ad'1�vB��� 3tt���' �vrfl CIO NOTARY PUBLIC: T tA" As Curb 0 0 r� u IVSTR 111815122 , OR BK 50181 PG 1784, Page 9 of 12 u 9 I* 0 joine�r �.Qnett 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): Print name:- ._._. � STATE OF } F "it, !JN )SS. SPLHOLDINGS, , by Florida Estate Val limited bitity company, Real Ntate Value Fu partner' i s Print ame: flbeWS� ii w orado limited liability company, Fund Manager, LLC, a Florida le Gener Partner of Florida d. L a - Delaware limited day of �t"�, 20�----I COUNTY OF 4* ,� l i r nt was acknowledged before me this da of The foregoing xnst um g Y .�... � 2V I by Robert Suris as bdaVA1 of Florida Real Estate Value Fund Manager, C, a Florida limited liability company, General Partner of Florida Real Estate Value Fund, LP, a Delaware limited partnership, Managing Member of SPL Holdings, LLC, a Colorado limited liability company, on behalf of the corporation/ partnership. He or she is: INA ersonally known to me, or 0 produced identification. Type of identification produced (Seal) Noary Put* 6fW d Flalaa � �Ff000�667 ���NxeON�OPlD11 ld� INSTR # 1 11181512 2 , OR BK 50181 PG 1785, Page 10 of 12 ATTEST: Ex-Officio Clerk of the board of County Commissioners of o " U ntV, Rod f Ll BROWARD COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS ' i i i ! • M � i � i' ! • TelMh'�i�j95�J�5T- i Ass ant Cpaq it amm -Q—Day of 2013 r� u INSTR # 111815122, OR BK 50181 PG 1786, Page 11 of 12 0 9 ATTEST: 0 4 L w i AU*A_ CITY OF TAMARAC, tough Its CITY COMMISSION �....�,.�.,._... fly Bet an au i j i f CI MOMW Gowen, Cheroff, Doody & EYrol 3099 E. Commercial Boulevard Fort Ind ale, FQrda 3308 e ran, sty Attic mey to Da o- 2013 __..�. y .__. INSTR # 111815122, OR BK 50181 PG 1787, Page 12 of 12 EXHIBIT "W" LEG DESCRIPT All of Sabel Palm by Prestige, according to the plat thereof, as recorded in Plat Book 178, Page 71 through 78, inclusive, of the Public Records of Broward County, Florida, less and except Tract G and Tract H. V- CAF#368 Rev. 10/28/09 L-1 0 I 0 INSTR # 112911479 Page 1 of 13, Recorded 04/07/2015 at 041:03 PM Broward County Commission, Deputy Clerk 3535 Return recorded copy to; Dungy, Miskei, Bachman and SWner, LLP 14 S.E. 41h Street, Suite 36 Boca Raton, Florida 33432 Thk b-w—& ant Prepet d aY= Dwayne L Dickerson, Esq, Dungy, Miskel, Backman and Blattner, UP 14 SSE. 41' Strft, Suite 36 Boca Raton, Florida 33432 9 ""MratIMPoetMA MIMI MA ~A l i wdMcnr�su��e�oa�a� SECOND AMNt3 UNT TO DECUMATION OF RESTf MME COVEWAK13 . This Second Am dment to Declaration of R cove Co en - is ("Second Amendmene) is entered into as of t#si5 day of , 2 , by SPA HOLDM M# LiC, M G010rado llmW (lability ro rnpany, whose addrarts IsM86fickellAverlue, Penthouse 1, Miami, Florida 33131, its successors Gifu 1!9 ,jfeWgk DHqb Iadd , ek 1 nue, o if Sri a s: n It �tl1 l0il t 0"860Ma ININ leis i mental n _ SoUt 5 , F -33351 it - s o nd assigrt0co! n � " t Ta a F tidda mu91 pa kWn h7o.8901 A a Fla a d Brov+ r u l e �� e. dr' I � � �3 "Coon a s art M size � do, d u�cf e, ( � WHEREAS.. Declarant is the fee title owner of that certain: parcel of land located In the City of Tamarae.. Florida, and described In Exhibit "A," attached hereto ("Property"); and WHEREAS, in connection with hand Use Plan Amendment Application K 06-30 ("Applications to change the Propefty/s rand Use Plan designation from Commercial Recreation to Low (5 Dwelling Units Per Acre) Residential, Peciaranfes predecessor -in -Interest to the Property entered into that certain Declaration of Restrictive Covenants recorded In Official Records Book 44460, Page 1653 ("Declaration') restricting utilization of the Property and establishing certain affirmative obligations on Declarant as set forth therein; and WHEREAS., Declarant entered into that curtain Amendment to Declaration of Restrictive Covenants recorded In Official Records Book 50191, Page 1776 (aFlrst Afnendmeae) to reduce- density upon the Property, modify the proposed unit mix and emend the liming and terms of certain obligations, and WHEREAS.. Declarant desires to further amend the Declaration to modify the requirements regarding the construction of the sound wall atone the Florida Turnpike and to modify the terms of gain obligations associated therewith. NOW, THEREFORE, and in avfWderation forthe mutual promises and covenants contained herein, Declarant hereby declares that the Property shall be owned, held, used, transferred, sold,, conveyed, deralsed, and occupied subject to the covenants, restrictions and regulations hereinafter set forth all of 1 Appmed. BC( .Stlb ftd By RpnRN To Exhibit 3 ZNSTR # 112911479 Page 2 of 13 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: The above recitals are true and correct and are incorporated herein by reference. 2. Paragraph 9 of the Declaration is emended in its entirety as follows: Dedarant 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 - O0 p.m. Absolutely no construction activities shall occur on the Property on Sundays. Declarant shalt, at its 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 shalt install and pay for s sound wait along the Florida Turnpike abutting the east Property tine of the portion of the Property located north of Commercial Boulevard. Declarant agrees that the sound wall It constructs shall be at a height of twelve as f a ,�g� fo al .+aa ,top of re) foot berm. To further reduce any noise ,--�rhiarrier ture t r,a res s im man e e arant a r m i4clude IIfs ` ds T' k at to ted o e nd o dl a ers of thace clas toth�lorlds rn nd that-ae L ne of hlh. ~'�foticil h ber�ili be installed ln�i�oe th Ir lost . e s d co ed��ont this Sewn Amen enth 1 s, bckat ,p r h r lgr. rant al Ada wit Co ptwat�Ty ik a !� n ed �,�� agrees that, with respect to the portion of the Property located south of Commercial Boulevard {ad)acent to Mainlands Section 6), the development of the Property will be designed so that It will not be necessary for vehicular traffic between Commercial Boulevard or Rock island Road and new residential units to be constructed on the Property to utilize those segments of existing residential streets where residential units are currently located adjacent to the street; provided that the portion of NW 5Q Street located west of NW Slu Avenue may be utilized for common access to the new and existing residential units. 3. City and County acknowledge and accept the terms of this Second Amendment in amordance with Paragraph 13 of the Declaration. 4. Except to the extent modified herein and by the First Amendment, the Declaration is hereby main in full force and effect against Declarant, its successors or assigns, ratified and reaffirmed and shell re and the Property for the benefit of the City and County. (Remainder of page Intentionally kft i lOnk) 2 0 0 0 INSTR # 112911479 Page 3 of 13 IN WITNESS WHEREOF, Dedw am has executed this Second Amendment to Declaration of Restric*e Covenants as f Iloom: WrMESS: r Print name: Win_„ : SPL SOM HOUXNGS, LLC, a Delaware limited 11ablifty company, by FLORIDA REAL. ESTATE VALUE FUND MANAGER, LLC, a Flo ri d lily c*mI9nY, sale General Pad ner of FtOWIRRI MA L ESTATE V E FUND, , a Delaware limited partn Ip, as Main. � ay: y Y Robert Sur% Manager C(- 1 -STAn F Fl. DAIDA CO - e fore ag In m" edg b a this day s Z by ROBERT SURIS, Manager of FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Aorlde [united RabElty =Wrty,-Geineral- Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partners*, Manager of SPt SOUTH HOLDINGS, LLC, a Delaware limited liability company, orgy behalf of said entities. He is peon ny know.= me or has produmd as IdentRicativn. Seal CI Notary Public, SUft of Flo" My commission expir° INSTR # 112911479 page 4 of 13 IN WITNESS WHEREOF, Dedetant has executed this Second Amendment to Oederatlon of Restrictive Covenants as follows: WITNESS: Print SPL SOUTH HOLDINGS, L.LC, a Delaware limited Ilablpty company, by FLORIDA EAL ESTATE VALUE FUND MANAGER, LLC, a Florida find lab ity company. sole General Penner of FLORIDA REAL. A LUE FUNDfo a Delmore limbed partnership, MMeerrbe Or 6 Arnaud Karsentl, Managing Member 44 Print namf. rt „N ATE "FI C04N� OPIM z a ng in nteirlts a e` a tfiiscday o�' 2i}i , by ARNAUD I(AR%Nn. Managing Mmber of FWRIDA REAL ESTATE VALUE FUND ER. LLC, a Florida limited lia1biiity company, General Partner of FLORIDA REAL. ESTATE VALUE FUND, LP, a Delaware limped partnership, Manager of SPL SOUTH HOLDINGS, LLC, a Delaware limited lM OO company, on behalf of said entitles. He Is Peran.111 ,known to me or has produced I as identification. Seal 4�,R,� �tilK .NFFQ1016 �� �lienlaM�M�Y�ria+ Notary Public, State of Fl My commission expires: to ov I rq Xf 0 0 INSTR # 112911479 Page 5 of 13 1N WITNESS WHEREOF, Declarant has executed this Second Amendment to Declaration of Restrictive Covenants as follows: WITNESS: Print name: 4L4fiza neAgo. IA F FL i -' c u F', eJb$ i , strue, I Af L N la SABAL PALM COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes UM re me t r of P M CC1 MUN iS aOPM�1Di cal unit:���'spaclaLP rp govemr nt established pursuant to Chapterl90, Florida Statutes, on behalf of said entity. He is mmaIM UL me or has produced- as identification. 6004 Seat r� u KA'tfi ON J BRIGNOLA My COMMSICR .F Notary Publate off My cammisslon expires; ' 'j 1NSTR # 112911479 Page 6 of 13 IN WrMESS WHERECF, DWarent has exeouted this Second Amendment to Declaration of Restrictive Covenants as fotiowr. Signed, seated and delivered In the presence of WITNESS: Cowry Of :n SPL MOLDINGS, LLC, a Colorado limited Eabilily company, by FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida firm ny, sole General Partner of FLORIDA ESTATE UE FUND, I.P, a Delawant limited p rtnership, anal 0 art Sul Mger LJ The foregoing Instrument was acknowledged before me this l day & - C:JV . 201+4, by ROBENT SURFS, t4nager of f ORiDA REAL. ESTATE VALUE FUND MANAGER, LLC, &!Florida limited liability company, General Partner of FLORIDA REAL ESTATE YALUE FUND, LP, a Delaware limited partnership, Manager of SPI. HOLDINGS, LLC, a Colorado limited liability conWny, on behalf of Said entities. He is fir known to me or has produced as Wenti icon. Seal �' '"RM " EXPFB: AP 22, 201i Notary Public, Stage of Florid My commission expires: H' e} u 0 n u INSTR # 112911479 Page 7 of 13 0 I* Mortgagee, being the holder of a mortgage relating to the psrcxl(s) desaibed in Exhibit "AA hereby consents and joins in for the purpose of agreeing that its mortgage shall be subordinated to the foregoing Agreement. Witnesses (if partnership): t3ignauue) Print name: � ; —of =& STATE OF FLORIDA COUNW OF im ) : e SPL HOLDINGS, LLC; a Colorado limited (ability co npany, by FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida lisp bill ty mpany, sole General Partner of FLORIDA R ! ESTATE UE FUN LP,,a Delaware WNW partnership, gar Me: Ro ` S . e: Ke ger � l! 8 a,. day of I� ell Avenel ` 1, i . 131 2014 The foregoing hutrument was acknowledged before me this' day � V 0 2014, by ROBERT SURIS, Manager -of FLORIDA REAL ESTATE VALUE FUND MANAGER, LLt; i Flaide limited liability company, General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Wswam amit+ed partnership, Manager of SPL HOLDINGS, LLC, a Colorado limited liability commpany, on behalf of sold entities. He is ate. .Rt4jaawn to im or has produced as Identiflcaftm Seal Notary Public, State of Florida My commission explres: L4 t . m 7 INSTR # 112911479 Paga 8 of 13 IN WITNESS WHEREOF, Declarant has exm ted this Second Amendment to Declaration of Renrictive Covenants sS follows: WITNESS: SPL HOLDINGS, LLC, a Colorado limited kbilty company, by KCIAIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida llmftad lfabfi pan% sole 6aneral Partner of Print FLORIDA REAL limited partner By: Arnaud FUND, Wo a Delaware wnoging N a r COY�T �~ ---� a his e fore In8 in att* day of 20 , by ARNAUD KARSENTl, Mengft Member of FLORIDA REAL ESTAW VALUE FUND GER, LLC, a Florida limited liability company, General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware Ilmhed partnership, Mfanap r of SPL HOLDINGS, LLC, a Colorado lirnited liability company, on behalf of said entities. He is ersonaW known to me or has produced as identification. Sea! * � COiltilhl / 1�F Oia� EWFft AP1 22, 2A1T Notary PubI14 Stale of noride Mycommission expires: %41*91#.4 901 0 0 u ZNSTR # 112911479 Page 9 of 13 • McdMee, bung the holder of a rnoMage Mating to the parcelts) described in Exhlbit'"A7 hereby consents and joins in for the purpose of agreeing that its nmxl age shall be subordinated to the foregoing Agte vent. Witnesses Of partnership): Print name: tqLC.�^$' � yl ���Ilbl�lbl 1 I�iYil STATE OF FLORIDA COUNTY OF,H Lb.A�DNF— SPL HOLDJNGS, LI.C, a Colorado limited liability company, by FLORIDA READ. M [Al E VAWE FUND MANAGER, UC,, a Florida llmEMHapally, sole GeneralPartner ofFLORLDA REAU.E FUND, LP, €teIMM lit»Lted p8rtn►ag ng M j ""ri .n e: At Li ��. tiber Avende, 1, , 7$3131 2D14 The lbregoing Instrument was admawledged before me thIsj. day of ,.0,Z014, by ARNAUD KARSOM, Managing Member of FLORIDA REAL ESTATE VAWE FUND MANAGERs LLC, a Florida limited liability company, General Partner of FLORIDA REAL ESTATE VALUE FUND, LP).* Delmore limited partnership, Manager of SPL HOLDlNGS� LLC, a Colorado limited tlability company, on behalf of said eatWes. He fs personally known to me or has produced as ldeotllfiration. seat Notary Public, State of A a I s� My com Ission expires: 4Ifftwe"W ��an tirvl�00��` r8'q r� u SNSTR # 112911479 Page 10 of 13 Mortgagee, being the holder of a mortgage relating to the pareel(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): REGIONS 84 ft kn Alabama banking corporation By: nature] Print a�fn `,L day of two M r, �Z 14 ' STATE OF FLORIDA } )SS-. couNnrof N!J� The foregoing instrument was acknowled re me this go ._,...,, day of November, 2014, by ar. 6d G.4i" Regions Bank, an Alabama banking corporation, on behalf of said corporation. He/She is personally known to me or has produced as identification. Moft puma -bow OW&WIS M1573 A Notary publk, State of Florida My commission expires: 4jS Jz0j5 1. u u I* INSTR # 112911479 Page 11 of 13 13RQD_,� ATTEST: BROWARD CO , through its BOARD O U `#Y MAISSIC _S i Con Administrator and Mayor t 1 Ex-Qffido Clerk of the Board of ('' ) County Commissioners of w44 � day v# 241 Sroward County, Florida � • Approved as to Form by Office of County Attorney eroward County, Florida .� 115 Scs a Fart t.au I ri 33 Telephon # nWA Dayof ID ID 1NSTR # 112911479 Page 12 of 13 Y ATTEST: Ml Pat Tedel, City C11Y OF TAMARAC, through its GTY COMMISSION By 44 r4i �A A Harry Dressier, Mayor 411(clay of V oi2014 APProw 0W Att Goren, 3499-9. �a forts d ffidency-by -, od Ez 4oule !'-� ~� 1 � ppof 2014 1� 0 0 0 INSTR # 112911479 Page 1.3 of 13, End of Document 0 L 0 0 iY „► rM } �y f t �! ilk Exhibit 4 Return recorded copy to: Dunay, Miskel, Backman, LLP 14 S.E. 4t" Street, Suite 36 Boca Raton, Florida 33432 This Instrument Prepared by: Hope W. Calhoun, Esq. Dunay, Miskel, and Backman LLP 14 S.E. 4t" Street, Suite 36 Boca Raton, Florida 33432 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA THIRD AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS This Third Amendment to Declaration of Restrictive Covenants ("Third Amendment") is entered into as of this 7 -0day of 2015, by SPL HOLDINGS, LLC, a Colorado limited liability company, whose address is 848 Bricke I Avenue, Penthouse 1, Miami, Florida 33131, its successors and assigns and SPL South Holdings, LLC, a Delaware limited liability company, whose address is 848 Brickell Avenue, Penthouse 1, Miami, Florida 33131, its successors and assigns (collectively referred to herein as "Declarant"), for the benefit of the City of Tamarac, a Florida municipal corporation, whose address is 7525 N.W. 88t" 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 06-30 ("Application") to change the Property's Land Use Plan designation from Commercial Recreation to Low (5 Dwelling Units Per Acre) Residential, Declarants predecessor -in -interest to the Property entered into that certain Declaration of Restrictive Covenants recorded in Official Records Book 44460, Page 1653 ("Declaration") restricting utilization of the Property and establishing certain affirmative obligations on Declarant as set forth therein; and WHEREAS, Declarant entered into that certain Amendment to Declaration of Restrictive Covenants recorded in Official Records Book 50181, Page 1776 ("First Amendment") to reduce density upon the Property, modify the proposed unit mix and amend the timing and terms of certain obligations; and WHEREAS, Declarant entered into that certain Second Amendment to Declaration of Restrictive Covenants recorded on April 7, 2015 as instrument number 112911479 ("Second Amendment") which further amended the Declaration to modify the requirements regarding the construction of the sound wall along the Florida Turnpike and to modify the terms of certain obligations associated therewith; and U:\File\CITY COMMISSION\CC 2015\05-27-2015\Central Parc South\TR12638 - Exhibit 4 - Third Amendment to Declaration of Restrictive Covenants - Central Parc.docx WHEREAS, Declarant now desires to further amend the Declaration to reflect a revised density on the Property, an increase in the affordable housing impact fee for the additional units and to memorialize a contribution to the City for a buffer wall along a portion of Commercial Boulevard, and reaffirm the obligations as set forth in the Declaration, the First Amendment, and the Second Amendment. 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 First Amendment is amended in its entirety as follows: Property Development: Declarant hereby restricts development of the Property to not more than 496 single family 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 it shall not seek to increase the number of available units set forth herein through and application for flexibility. 3. Paragraph 3 of the First Amendment is amended as follows: Affordability: Declarant shall pay to the City an affordable housing impact fee of Four Hundred Dollars ($400.00) per unit for each unit constructed on the Property. This fee shall be payable to the City on a permit by permit basis. Further, Declarant shall pay to the City an affordable housing impact fee of One Thousand Dollars f$1000.00) per unit for the 62 additional units to be constructed in accordance with the density outlined in Paragraph 2 above. 4. Buffer Wall: Prior to the issuance of any permit for vertical construction, Declarant hereby agrees to make a contribution to the City in an amount no less than Two Hundred and Sixty Four Thousand Five Hundred ($264,500) Dollars to be used at the City's discretion for Commercial Boulevard perimeter landscaping and buffer wall improvements. Declarant acknowledges and agrees that the minimum contribution noted above may be increased during the site planning process as the City finalizes specifications and cost estimates for the wall noted above but at no time will exceed a maximum contribution of Three Hundred and Fifteen Thousand ($315,000) Dollars. 5. City and County acknowledge and accept the terms of this Third Amendment in accordance with Paragraph 13 of the Declaration. 6. Except to the extent modified herein and by the First Amendment, and the Second Amendment, 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. U:\File\CITY COMMISSION\CC 2015\05-27-2015\Central Parc South\TR12638 - Exhibit 4 - Third Amendment to Declaration of Restrictive Covenants - Central Parc.docx IN WITNESS WHEREOF, Restrictive Covenants as follows: WITNESS: Print name: Print name: STATE OF FLORIDA COUNTY OF Declarant has executed this Third Amendment to Declaration of SPL SOUTH HOLDINGS, LLC, a Delaware limited liability company, by FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, sole General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partnership, as Manager By. Robert Suris, Manager The foregoing instrument was acknowledged before me this day of , 20151 by ROBERT SURIS, Manager of FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partnership, Manager of SPL SOUTH HOLDINGS, LLC, a Delaware limited liability company, on behalf of said entities. He is personally known to me or has produced as identification. Seal Notary Public, State of Florida My commission expires: U:\File\CITY COMMISSION\CC 2015\05-27-2015\Central Parc South\TR12638 - Exhibit 4 - Third Amendment to Declaration of Restrictive Covenants - Central Parc.docx IN WITNESS WHEREOF, Declarant has executed this Third Amendment to Declaration of Restrictive Covenants as follows: WITNESS: Print name: Print name: STATE OF FLORIDA COUNTY OF SPL SOUTH HOLDINGS, LLC, a Delaware limited liability company, by FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, sole General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partnership, as Managing Member By: Arnaud Karsenti, Managing Member The foregoing instrument was acknowledged before me this day of , 2015, by ARNAUD KARSENTI, Managing Member of FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partnership, Manager of SPL SOUTH HOLDINGS, LLC, a Delaware limited liability company, on behalf of said entities. He is personally known to me or has produced as identification. Seal Notary Public, State of Florida My commission expires: U:\File\CITY COMMISSION\CC 2015\05-27-2015\Central Parc South\TR12638 - Exhibit 4 - Third Amendment to Declaration of Restrictive Covenants - Central Parc.docx IN WITNESS WHEREOF, Restrictive Covenants as follows: WITNESS: Print name: Print name: STATE OF FLORIDA COUNTY OF Joinder and Consent Declarant has executed this Third Amendment to Declaration of SABAL PALM COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes By: Michael Nunziata, The foregoing instrument was acknowledged before me this day of , 2015, by MICHAEL NUNZIATA, of SABAL PALM COMMUNITY DEVELOPMENT DISTRICT, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, on behalf of said entity. He is personally known to me or has produced as identification. Seal Notary Public, State of Florida My commission expires: U:\File\CITY COMMISSION\CC 2015\05-27-2015\Central Parc South\TR12638 - Exhibit 4 - Third Amendment to Declaration of Restrictive Covenants - Central Parc.docx Joinder and Consent IN WITNESS WHEREOF, Declarant has executed this Third Amendment to Declaration of Restrictive Covenants as follows: WITNESS: Print name: Print name: STATE OF FLORIDA COUNTY OF REGIONS BANK By: Print Name: Title: The foregoing instrument was acknowledged before me this by day of , 20151 of REGIONS BANK, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, on behalf of said entity. He is personally known to me or has produced Sea I Notary Public, State of Florida My commission expires: as identification. U:\File\CITY COMMISSION\CC 2015\05-27-2015\Central Parc South\TR12638 - Exhibit 4 - Third Amendment to Declaration of Restrictive Covenants - Central Par c.docx 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): (Signature) Print Name: (Signature) Print name: STATE OF FLORIDA COUNTY OF SPL HOLDINGS, LLC, a Colorado limited liability company, by FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, sole General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partnership, as Manager By: Print name: Robert Suris Title: Manager Address: 848 Brickell Avenue, Penthouse 1, Miami, FL 33131 day of , 2015 The foregoing instrument was acknowledged before me this day of , 2015, by ROBERT SURIS, Manager of FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partnership, Manager of SPL HOLDINGS, LLC, a Colorado limited liability company, on behalf of said entities. He is personally known to me or has produced as identification. Seal Notary Public, State of Florida My commission expires: U:\File\CITY COMMISSION\CC 2015\05-27-2015\Central Parc South\TR12638 - Exhibit 4 - Third Amendment to Declaration of Restrictive Covenants - Central Parc.docx 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): SPL HOLDINGS, LLC, a Colorado limited liability company, by FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, sole General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partnership, as Managing Member By: (Signature) Print name: Arnaud Karsenti Print Name: Title: Managing Member (Signature) Print name: STATE OF FLORIDA COUNTY OF Address: 848 Brickell Avenue, Penthouse 1; Miami, FL 33131 day of 12015 The foregoing instrument was acknowledged before me this day of 12015, by ARNAUD KARSENTI, Managing Member of FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, General Partner of FLORIDA REAL ESTATE VALUE FUND, LP, a Delaware limited partnership,. Manager of SPL HOLDINGS, LLC, a Colorado limited liability company, on behalf of said entities. He is personally known to me or has produced as identification. Seal Notary Public, State of Florida My commission expires: U:\File\CITY COMMISSION\CC 2015\05-27-2015\Central Parc South\TR12638 - Exhibit 4 - Third Amendment to Declaration of Restrictive Covenants - Central Parc.docx ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS 29 Mayor day of 12015 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 A Assistant County Attorney Day of , 2015 U:\File\CITY COMMISSION\CC 2015\05-27-2015\Central Parc South\TR12638 - Exhibit 4 - Third Amendment to Declaration of Restrictive Covenants - Central Parc.docx ATTEST: Michael C. Cernech, Pat Teufel, City Manager CITY OF TAMARAC CITY OF TAMARAC, through its ITY COMMISSION Le Harry f ressler, Mayor day of 2015 Approved as to Form and legal sufficiency by City Attorney Goren, Cheroff, Doody & Ezrol 3099 E. Commercial Boulevard Fort Lauderdale, Florida 33308 By a P}$Y $am�Goren, City Attorney 4� Day of 2015 ,� �� x � � � U:\File\CITY COMMISSION\CC 2015\05-27-2015\Central Parc South\TR12638 - Exhibit 4 - Third Amendment to Declaration of Restrictive Covenants - Central Parc.docx Exhibit "A" [Legal Description of the Property] All of Sabal Palm by Prestige, according to the plat thereof, as recorded in Plat Book 178, Pages 71 through 78, inclusive, of the Public Records of Broward County, Florida, less and except Tract G and Tract H.