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Home My WebLink AboutCity of Tamarac Resolution R-2013-0091 Temp Reso # 12297 January 23, 2013 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-20130 9 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE REQUEST OF SIEGEL, LIPMAN, DUNAY, SHEPARD AND MISKEL, LLP ON BEHALF OF SPL HOLDINGS, LLC AND SPL SOUTH HOLDINGS, LLC TO AMEND THE. DECLARATION OF RESTRICTIVE COVENANTS FOR SABAL PALM AS RECORDED IN OFFICIAL RECORD BOOK 44460, PAGE 1653(CAS E NO. 3-MI-13); 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 voluntarily placed restrictive covenants upon the property which were recorded in the public records of Broward County in Official Record Book 44460, Page 1653 (attached hereto as Exhibit 1" incorporated herein and made a specific part thereof); and WHEREAS, the Declaration of Restrictive Covenants obligations upon the owner which must be satisfied prior to development of the property; and imposes numerous commencing vertical WHEREAS, the property within Sabal Palm was purchased by SPL Holdings, Temp Re Januar LLC and SPL South Holdings, LLC in May 2011 and the new owner is requ the City Commission approve amendments to the Declaration of Restrictive and o # 12297 23, 2013 Page 2 sting that ►ovenants; 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, the City Commission of the City of Tamarac approved arr to the declaration of Restrictive Covenants on October 26, 2011 which subsequently approved by the County Commission; and WHEREAS, the area in and around Sabal Palm is best served orderly development commences; and endments were not ensuring WHEREAS, staff has reviewed this request and supports amendments to the Declaration of Restrictive Covenants; and WHEREAS, the Director of Community Development recommends this request to amend the Declaration of Restrictive Covenants; and roval of 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 Siegel, Lipman, Dunay, Shepard and Miskel, LLP on behalf of SP Holdings, Temp Reso # 12297 January 23, 2013 Page 3 LLC to amend the Declaration of Restrictive Covenants; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION L 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: That the request to amend the Declaration of Restrictive Covenants for Sabal Palm as recorded in Official Record Book 44460, Page 1653, is hereby approved. SECTION I 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: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this a 3 day of ATTEST: PATRICIA TEU L, CMC INTERIM CITY CLERK HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM A3, SAI1I4bEL S. GORI CITY ATTORNEY Temp Re o #12297 Janua 23, 2013 Page 4 BETH TALABIS MAYOR RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHNELL_� DIST 2: COMM. ATKINS-GR �� DIST 3: COMM. GLASSERG/4� DIST 4: V/M DRESSLER 20 13. a n Return recorded copy to: Siegel, Lipman, Dunay, Shepard, & Miskel LLP S3SS Town Center Road, Suite 801 Boca Raton, Florida 33486 This Instrument Prepared by: Scott Backman, Esq. Siegel, Lipman, Dunay, Shepard, & Miskel LLP S35S Town Center Road, Suite 801 Boca Raton, Florida 33486 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS This Amendment to Declaration of Restrictive Covenants ("Amended Declaration") is entered into as of this 10_ day of 50huotsi , 2013, by SPL HOLDINGS, LLC, a Colorado limited liability company, whose address is 1450 Infinite Drive, Louisville, CO 80027, its successors and assigns, SPL South Holdings, LLC, a Delaware limited liability company, whose address is 4949 S.W. 75th 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 7525 N.W. 88th Avenue, Tamarac, Florida 33321 ("'City") and Broward County, a political subdivision of the State of Florida, whose address is 115 South Andrews Avenue, Fort Lauderdale, Florida 33301("County"). WHEREAS, Declarant is the fee title owner of that certain parcel of land located in the City of Tamarac, Florida, and described in Exhibit "A," attached hereto ("Property"); and WHEREAS, in connection with Land Use Plan Amendment Application PC 06-30 ("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 desires to amend the Declaration to reduce density upon the Property, modify the proposed unit mix and amend the timing and terms of certain obligations. NOW, THEREFORE, and in consideration for the mutual promises and covenants contained herein, Declarant hereby declares that the Property shall be owned, held, used, transferred, sold, conveyed, demised, and occupied subject to the covenants, restrictions and regulations hereinafter set forth, all of which run with the Property and any part thereof and which shall be binding upon all parties having any right, title or interest in such property or any part thereof, their heirs, successors and assigns: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 1 . 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: Affordabil ty_. Declarant shall pay to the City an affordable housing impact fee of Four Hundred Dollars ($400.0,0) per unit for each unit constructed on the Property. This fee shall be payable to the City on a permit by permit basis. 4. City acknowledges that, in satisfaction of Paragraph 4 (a) and (b) of the Declaration, Declarant has conveyed the "Park Property" and "Fire Station Property" (as defined therein and attached thereto as Exhibits "C" and "D" respectively) to the City as dedicated on the Sabal Palm Plat recorded in Plat Book 178, Page 71. 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 5 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 8. Paragraph 7 of the Declaration is amended in its entirety as follows: Declarant shall pay a water and sewer impact fee of One Hundred Twenty Five Thousand Dollars ($125.,000.00) to the City for impacts anticipated from the Application to upgrade the City's water and sewer system in the vicinity of the Property. This fee shall be payable 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. Except to the extent modified herein, the Declaration is hereby ratified and reaffirmed and shall remain in full force and effect against Declarant, its successors or assigns, and the Property for the benefit of the City and County. [Remainder of page intentionally left blank] P? 10 IN WITNESS WHEREOF, Declarant has executed this Amendment to Declaration of Restrictive Covenants as follows: Signed, sealed and delivered in the presence of: WITNESS: y; f STATE OF FLORID�Q COUNTY OF t)Q" SPL HOLDINGS, LLC, a Colorado limited liability company, by FLORIDA REAL LUE FUND MANAGER, LLC, a Florida limited IiaGility comdany, sole General Partner of FLORIDA REAL ESTATE VA limited By: partnershi , as VIE F N LP, a Delaware nag' g ember i Robert Suris, Managing Member The foregoing instrument was acknowledged before me this day of )41?4201% by ROBERT SURIS, Managing Member of FLORIDA REAL ESTATE VALUE FUND MANAGER, LLC, a Florida limited liability company, General Partner of FLORIDA REAL ESTATE V UE FUND, LP, a Delaware limited partnership, Managing Member of SPL HOLDINGS; LLC, a Colorado lip6id liability company, on behalf of said entities. He is personally known to me or has produced Seal v ��► Notary pubiir,#fe of Flo Neiy Higginbotham q My Comrnissfosl 00921228 OF fV XPires 08130/2013 c. State of Florida My commission expires: L7 as identification. r t WITNESS: SPL SOUTH HOLDINGS, LLC, a Delaware limited liability company, by FLORI L ESTATE VALUE FUND MANAGER, LLC, a Florida li�"ited liabil FLORIDA REAL STATE V� partnership, as Managi By. Print name: Print name: 0-i ;S4h&t.•t�'t' itcompany, sole General Partner of E FUN , LP, a Delaware limited Mmbr f Robert Suris, Managing Member STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of fol Y 2013, by ROBERT SURIS, 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 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. "Oon Seal ,4otary Ptf Wio State of Fjoridz i MY Commission OD921228 NQiarylullic, State of Florida My commission expires: 5 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 MD Mayor day of , 2013 Approved as to Form by Office of County Attorney Broward County, Florida Government Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 By Assistant County Attorney 0 Day of , 2013 ATTEST: Michael Cernech, City Manager Pat Teufel, dtity Clerk CITY OF TAMARAC CITY OF TAMARAC, through its CI?. COMM-ISSIO-N . 4n, Beth Flansbaum-Talabisco, M Lw"141 / r Approved as to Form and legal sufficiency by City Attorney Goren, Cherof, Doody & Ezrol 3099 E. Commercial Boulevard Fort Laudgrdale, Florida 33308 M Sarp(Goren, City AttVrney �Day of�� 2013 7