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HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-082Temp Reso #12379 August 14, 2013 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2013- YCZ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE REQUEST OF RICHARD COKER, ESQ. OF COKER AND FINER ON BEHALF OF THE PROPERTY OWNER, LDC MONTEREY VENTURES, LLC., TO AMEND THE DECLARATION OF RESTRICTIVE COVENANTS FOR PALM COVE AS RECORDED IN OFFICIAL RECORD BOOK 44460, PAGE 1757 (CASE NO. 13-MI-13); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Land Use Plan Amendment for Palm Cove was adopted by the City Commission on January 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 1757 (attached hereto as Exhibit "1" incorporated herein and made a specific part thereof); and WHEREAS, the Declaration of Restrictive Covenants imposes numerous obligations upon the owner which must be satisfied prior to commencing vertical development of the property; and Temp Reso #12379 August 14, 2013 Page 2 WHEREAS, the property within Palm Cove was purchased by LDC Monterey Ventures, LLC., on April 11, 2012 and the new owners are requesting that the City Commission approve amendments to the Declaration of Restrictive Covenants; 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, the area in and around Palm Cove is best served by ensuring orderly development commences; and WHEREAS, staff has reviewed this request and supports amendments to the Declaration of Restrictive Covenants; and WHEREAS, the Interim Director of Community Development recommends approval of this request to amend the Declaration of Restrictive Covenants; and 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 Richard Coker, Esq., of Coker and Finer on behalf of the property owners, LDC Monterey Ventures, LLC, to amend the Declaration of Restrictive Covenants; and Temp Reso #12379 August 14, 2013 Page 3 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: That the request to amend the Declaration of Restrictive Covenants for Palm Cove as recorded in Official Record Book 44460,-Page 1757, 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. Temp Reso #12379 August 14, 2013 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ;i ATTEST: PATRICIA TEUFEL, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM S UEL S. GOREN `C I TY ATTO R N EY BETH TALA ISCO MAYOR RECORD OF COMMISSION VOTE: MAYOR TALABISCO� , 2013. DIST 1: COMM. BUSHNELL�s��"/`'� DIST 2: COMM. ATKINS-GR_D DIST 3: COMM. GLASSER�_ DIST 4: V/M DRESSLER��a� CFN # 107290907, OR BK 44460 Page 1757, Page 1 of 16, Recorded 08/10/2007 at / 11:27 AM, Broward County Commission, Deputy Clerk 1047 �( Return recorded copy to: Return recorded copy to: Billing, Cochran, Heath, Lyles et al. 888 SE 3rd Ave., Suite 301 Fort Lauderdale, FL 33316 Document prepared by: Gerald L. Knight, Esq. Billing, Cochran, Heath, Lyles et al. 888 SE 3`d Ave., Suite 301 Fort Lauderdale, FL 33316 DECLARATION OF RESTRICTIVE COVENANTS his Declaration of Restrictive Covenants is entered into as of this 0 day of , 206n, by PRESTIGE HOMES OF TAMARAC, INC., a Florida corporation "Declarant" whose address is 11784 Sam le Road Suite 101, Coral Springs,=RS, , i�ucc s �d W I�rarit is f � Itle \ Ott at ce in p el n Dcated in the City of Tamarac, Florida, and described in Exhibit "A," attached hereto "Propert "); and 1,,�HE n I a f i� and e n(A nt plication "1 ( Appllca 0 9 t change-[ perty s L s a desig tion from Commercial Recreation to Low Medium (10 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 ("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 amending the Broward County Comprehensive Land Use Plan as set forth above, and for other good and valuable consideration, 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 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 into this Declaration by reference. 100004866.DOC v.5 4/13/2007 03.43 PM) 1 CFN # 107290907, OR BK 44460 PG 1758, Page 2 of 16 2. Prom& Development. Declarant hereby restricts development of the Property to not more than two hundred thirty three (232) residential dwelling units, consisting of forty nine (48) single family units and one hundred eighty four (184) townhouse units. Declarant agrees that this restriction constitutes a limitation on the number of units which Declarant may 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. 6&rdabilay. Declarant hereby agrees to construct fifteen percent (15%) of the units on the Property as "Workforce Housing." Prior to the issuance of the first building permit for the construction or erection of the first residential unit on the Property, Deciarant shall enter into a Declaration of Restrictive Covenants (Affordable Housing) in substantially the form attached hereto as Exhibit "B.- 4. Prior to the issuance of the first building permit by City for the construction or erection of the first residential unit on the Property, Declarant shall: . (a) (b) {c) (d) i • wCu T 6c provide to the City the amount of Five Hundred Thousand Dollars ($500,000.00) to b i e to a Park e i 'on s t n th Decla on nts r ti t an se 0); p Intl o m I so on oral lease for Mainlands Sections 1, 2, 3 and 5; provide to the homeowners association for Mainlands Sections 1 and 2 (which are one association) the amount of Two Hundred Thousand Dollars ($200,000.00), and to the homeowners associations for Mainlands Sections 3 and 5 the amount of One Hundred Thousand Dollars ($100,000.00) each, to be utilized by the individual associations for those purposes established by each association's membership; and Declarant shall obtain and provide City, as part of its building permit approval, proof that the foregoing provisions have been satisfied. 5. 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, Declarant shall: (a) provide to County the amount of not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) towards the purchase of Advanced Transportation Management Systems software to mitigate the net trips generated by the Land Use Plan Amendment; and (b) conduct an archaeological survey of the Property. Declarant shall obtain and provide County as part of its environmental review application, j000mwmocv.4vammi io:oiAm) 2 CFN # 107290907, OR BK 44460 PG 1759, Page 3 of 16 with proof that the foregoing provisions have been satisfied. 6. Prior to submission of a site plan of the Property to City for review, Declarant shall: (a) submit to City proposals for the installation of traffic calming devices within the Property and the neighborhood streets adjacent to the Property and, upon approval of the traffic calming devices by City, install such traffic calming devices at Declarant's expense up to One Hundred Twenty Five Thousand Dollars ($125,000.00) in connection with development of the Property; and (b) submit to City proposals for access to the Property for project construction purposes. Upon approval of the construction access points by City, including consideration of the City of Lauderdale lakes' comments, Declarant agrees that all construction traffic to and from the Property shall be limited to the designated construction access points. 7. Prior to the issuance of the first certificate of occupancy for a residential unit within the Property, Declarant shall upgrade the City's water and sewer system in the vicinity of the Frco D 1 pe O ive lars ($125,00 00.77 8. Declarant agrees to comply with all state, County, City, anRN, -d local rules, regulations, relocated, the Declaration shall relocate the trees, especially those of specimen size and quality. Further, if burrowing owls are present on the Property upon the commencement of development, Declarant shall apply to the Florida Fish & Wildlife Conservation Commission for a permit to relocate the owls. 9. Declarant agrees to contact the duly elected liaison of the Mainlands Section 4 homeowners association in a good faith attempt to discuss and reach an agreement with that association regarding the concerns of that association relating to the proposed development of the Property. 10. Declarant 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 1:00 p.m. Absolutely no construction activities shall occur on the Property on Sundays. Declarant shall, at it 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 shall install and pay for, sound walls along the Florida Turnpike in any area(s) abutting the Property where sound walls are not constructed by the Florida Turnpike Enterprise. Declarant agrees that the sound walls it constructs shall be of the same height as those constructed by the Florida Turnpike Enterprise immediately to the north and south of those constructed by Declarant. (0000+a 6.noc..+morm >aai Am)3 CFN # 107290907, OR BK 44460 PG 1760, Page 4 of 16 11. County and City are the beneficiaries of these covenants and restrictions, and as such, the County or the City, alone or collectively, may enforce these covenants and restrictions by action at law or in equity, including without limitation, a decree of specific performance or mandatory or prohibitory injunction, against any person or persons, entity or entities, violating or attempting to violate the terms of these covenants and restrictions In addition, County and/or City may refuse to issue building permits, certificates of occupancy or other required govemmental approvals until Declarant, its successors or assigns come into compliance with the terms of this Declaration. 12. Any failure of County and/or City to enforce these restrictive covenants shall not be deemed a waiver of the right to do so thereafter. Any waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 13. 9RQGcble LeLaw: Venue. This document shall be construed in accordance with the laws of Florida and venue shall be in Broward County, Florida. 14 as or release and approved in writing by the County and City. Any amendment, modification or release a MsD publ' B 7safl ty, Florida. � • 15. R a7nnftvn lava of venantot be recorded in the Public Records of Broward County, Florida, and shall not become effective until following the expiration of all appeal periods or, if an appeal is filed, the conclusion of such appeal for the Land Use Plan Amendment changing the Land Use Plan designation on the Property from Commercial Recreation to Low Medium (10 Dwelling Units PerAcre). 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. 16. Mortgages. If there is a mortgage against the property described in Exhibit "A,° Mortgagee her rees that a Mortgage it holds from Declarant recorded in OfFidal Records Book , Page , of the Public Records of Broward County, Florida, all of which encumbe the Prope described herein, shall be and are subordinate to the Restrictive Covenants set forth above. 17. Severability If any court of competent jurisdiction shall declare any section, paragraph or part thereof 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. IN WITNESS WHEREOF, Declarant and Mortgagee, if applicable, have executed this Declaration of Restrictive Covenants as follows: poomn6j v.4 ar3ar w iom Am)4 CFN # 107290907, OR BK 44460 PG 1761, Page 5 of 16 Witnesses (if partnership): (Signature) Print name: (Signature) Print name: ATTEST: ieclarent , jal 01", Prestige Homes of Tamarac, Inc. By -i�)rucc- (Signature) Print name: Address:y�g� �� ae� �,�pt� rt�ad CO�'viZ �or-.�,n4 it L 330(c5 day of , 20 Print (Secrete q.Na ,. ) SC z L CC STATE ��✓ r :P COUNTY. The foregoing Instrument was acknowledged before' me this jb" day of S 1 20oi , by —vw-c�y,a,3t , as -?cep �� of a� b ►g�!na-rQc- , a r ' corporation, on behalf of the corporaboif. He or she is: f ✓jpersonally known to me, or [ ]produced identification. Type of identification produced NOTARY PUBLIC: (Seat) My commission expires: Prin ame: Kim I Loss = ` Y Co�aas w #DD338964 Expires Au� 2008 ;,...= Bonded „osw AdaWcBoodingOD.,Lic. (00o04M.DX v.4 MW lo-oi AM)5 CFN # 107290907, OR BK 44460 PG 1762, Page 6 of 16 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY fW0o+MMM v.4 3rmm7 1o:o1 mq CFN # 107290907, OR BK 44460 PG 1763, Page 7 of 16 LEGAL DESCRIPTION: A PORTION OF TRACTS G. i 1, 12. 13. AND 14 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST. FORT LAUDERDALE TRUCK FARMS SUBDIVISION. ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY AND THE SOUTH LINE OF SAID SECTION 13, THENCE SOUTH 8995'42" EAST ALONG SAID SOUTH LINE OF SECTION 13, A DISTANCE OF 429.35 FEET. THENCE NORTH W44'18' EAST, A DISTANCE OF 520.00 FEET; THENCE SOUTH 89-15'42" EAST, A DISTANCE OF 85.OD FEET. THENCE NORTH W4*lr EAST. A DISTANCE OF 275.88 FEET: THENCE NORTH 60'4418" EAST. A DISTANCE OF 237.69 FEET: THENCE NORTH 2995'42" WEST, A DISTANCE OF 85.00 FEET. THENCE NORTH 6044'18" EAST, A DISTANCE OF 498.61 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE EAST AND TO SAID POINT A RADIAL LINE BEARS SOUTH 70'41'33" WEST; THENCE NORTHERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 619.00 FEET, A CENTRAL ANGLE OF 51*IT09" AND AN ARC LENGTH OF 553.17 FEET TO A POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST: THENCE NORTHEASTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 710IL44 FEET, A CENTRAL ANGLE OF 06-051" AND AN ARC LENGTH OF 793.49 FEET: THENCE NORTH 38'17'3O" EAST PARALLEL VMTH AND 383 FEET EAST OF, AS IU MA THE GHIT- -W% OF K A . T POIN Cl RVE EAST; Q L 0 A I" D AN ARC LENGTH OF 340.39 FEET; THENCE NORTH 38'33'14" WEST. A DISTANCE OF 415.41 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LI Y; ENCE O 7 iH DINTTH R i THWE Y AYE AVIN (S.OPI 7 .44 T, A OF 2.980.89 FEET TO THE POINT OF BEGINNING, THE LAST TWO (2) CADS BEING COINCIDENT VNTH THE EAST RIGHT-OF-WAY LINE OF SUNSHINE STATE PARKWAY. CFN # 107290907, OR BK 44460 PG 1764, Page 8 of 16 EXHIBIT "B" WORFORCE HOUSING RESTRICTIVE COVENANTS ,TL,Fl,j a 8 Har Z H (00005257.DOC v.I SlM/2007 02:34 PM) CFN # 107290907, OR BK 44460 PG 1765, Page 9 of 16 Return recorded copy to (enclose self-addressed stamped envelope): Name: Address: This Instrument Prepared by: H IS M.' N1 day of lssigns 33065, under the laws of the State of Florida, with a post office address of 7525 N.W. 88"' Avenue, Tamarac, Florida 33321-2401 ("City"). WHEREAS, Declarant is the fee simple owner of certain lands located in Broward County, Florida, more particularly described in Exhibit "1," attached 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 County Land Use Plan, PC 06-29, and the City Land Use Plan, 2-LUA-06, respectively, to change the Property's land use designation from Commercial Recreation to Low Medium (10) Residential: WHEREAS, Declarant proposes to construct up to 232 residential units on the Property; and WHEREAS, 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: 1. RECITALS. The above recitals are true and correct and are incorporated herein. iOW05391MOC v.l W2512007 02:27 PM� I CFN # 107290907, OR BK 44460 PG 1766, Page 10 of 16 2. OBLIGATION OF DECLARANT. Declarant shall offer for sale to the public a minimum of thirty five (35) 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 market rate townhouse units. 3. QUALIFICATION OF WORKFORCE UNIT AND PURCHASER. For the purpose of satisfying this Declaration, a Workforce Housing Unit shall mean that each such residential unit so designated shall be offered for sale by the Declarant for a purchase price ("Base Purchase Price") that does not exceed the greater of: (i) $229,000.00 per residential unit; or (ii) the applicable maximum sales price for Workforce Housing Units as determined for Browar fPe des 'b ified rs s 1 mean a natural �fa nn a hou o th t does �^g c 0% of the median ' co JeZ for ize r o w t in B t ,Florida, and as appro ed by the City of Tamarac. 4 orkforce Housing i fe res: (a) at least one eve , no -step entrance; accesst a oorwkva PReve oor with a clear width of at least thirty-two (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 (15) and forty-eight (48) inches above the floor); and (g) lever handles on doorways. 5. LIMITATION ON SALE OF WORKFORCE UNIT. Any person who 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 sum of: (a) the purchase price paid by such seller for purchase of the Workforce Housing Unit; (b) ordinary and reasonable closing costs 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. NOTICE OF SALE TO BE PROVIDED TO CITY. At such time as an owner of a Workforce Housing Unit determines to sell such unit within the fifteen (15) year period described in Section 5 hereof, the owner shall provide written notice to the City's Director of Community Development by certified mail, return receipt requested, and request that the City present a Qualified Person 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 unable to procure j0000539L[X)C v.l 6%2$i2007 02:27 PM i { CFN # 107290907, OR BK 44460 PG 1767, Page 11 of 16 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 demonstrating compliance with the purchase price limitations set forth in Section 5 hereof. 7. SEVERABILITY. 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. 8. ENFORCEMENT OF RESTRICTIVE COVENANTS 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 persons, entity or entities, violating or attempting to violate the terms of these restrictive covenants. Any failure of the City e r tive is s 1 b aive f t ri t to do so thereafter. � 0 9. C A N. is eclaration s all a recorded in the Public Records of Broward C_oupty,,Flcaida and-#hej3rQviogns,heregf,shall constitute ycakve rMin%with the land and s atl aild e d riding ntA lrs, legal represen v e s cc e s s unti 1 > ed fo erein. In no events th estn ive ve is orth in encu er, re ))r affect, in any way whatsoever, any of the other residential units constructed on the Property, other than the Workforce Housing Units. 10. ENTIRE AGREEEMENT. This Declaration constitutes the entire agreement, with regard to the subject matter contained herein, and may only be amended, modified or released with the consent of the parties. 11. AUTHORITY OF DECLARANT. The undersigned hereto expressly covenants 100005391.DOC v.l 6/25/2007 02:27 PM} ( CFN # 107290907, OR BK 44460 PG 1768, Page 12 of 16 and represents that he/she has the authority to enter into this Agreement and so bind the Declarant. IN WITNESS WHEREOF, the undersigned has caused this Declaration to be executed this day of , 2007. Witnesses: (Signature) Print name: DECLARANT Prestige Homes of Tamarac, Inc. By (Signature) Print name: Title: Address: (Signat Print name ATTEST: (�� FE� RE' n tTEtoD C (Secrets r i t e) Print Name o Secretary: Zt ACKNOWLEDGMENT: CORPORATION/PARTNERSHIP STATE OF ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007, by as of a corporation/partnership, on behalf of the corporation/partnership. He or she is: [ ]personally known to me, or [ ]produced identification. Type of identification produced NOTARY PUBLIC: (Seal) My commission expires: Print name: 100005391.DOC o.] 6/25/2007 02:27 PM; { CFN # 107290907, OR BK 44460 PG 1769, Page 13 of 16 EXHIBIT "I" LEGAL DESCRIPTION (00005391.DOC v.1 6/25/2007 02:27 PM) CFN # 107290907, OR BK 44460 PG 1770, Page 14 of 16 LEGAL DESCRIPTION: A PORTION OF TRACTS 6, 11, 12, 13, AND 14 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, FORT LAUDERDALE TRUCK FARMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4; PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PAR71CULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF' THE EASTERLY RIGHT -OF --WAY LINE OF THE SUNSHINE STATE PARKWAY AND THE SOUTH LINE OF SAID SECTION 13, THENCE SOUTH 89'15'42" EAST ALONG SAID SOUTH LINE OF SECTION 11 A DISTANCE OF 429.36 FEET; THENCE NORTH 00'44'18" EAST, A DISTANCE OF 52O.CO FEET; THENCE SOUTH 89'15'42" EAST, A DISTANCE OF 85.00 FEET; THENCE NORTH 00'4418- EAST, A DISTANCE OF 275.88 FEET; THENCE NORTH 60'44'18" EAST, A DISTANCE OF 237.69 FEET; THENCE NORTH 29'1542" WEST, A DISTANCE OF 85.00 FEET; THENCE NORTH 60'408" EAST, A DISTANCE OF 498.61 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE EAST AND TO SAID POINT A RADIAL LINE BEARS SOUTH 70 41'33" WEST; THENCE NORTHERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 619.00 FEET, A CENTRAL ANGLE OF 31'12'09' AND AN ARC LENGTH OF 553.17 FEET TO A POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 7106.44 FEET, A CENTRAL ANGLE OF 06'23'51" AND AN ARC LENGTH OF 793.49 FEET; THENCE TOTTI&L FU {R1A(A4ALSAID ANS I .66 ET THEClR E THE R AR H NCO A RADIUS OF 2,697.00 FEET, A CENTRAL ANGLE OF 07'1431' AND AN ARN TH 38 THE EA TN ENCE 3 7'FA AN RVE 014T E S TH SOUTHWESTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 7499.44 FEET, A CENTRAL ANGLE OF 22'48'16' AND AN ARC LENGTH OF 2,980.89 FEET TO THE POINT OF BEGINNING, THE LAST TWO (2) CALLS BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF SUNSHINE STATE PARKWAY. r 1 ,. CFN # 107290907, OR BK 44460 PG 1771, Page 15 of 16 EXHIBIT "C" CEN # 107290907, OR BK 44460 PG 1772, Page 16 of 16 A PORTION OF TRACTS 13 AND 14 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 41 EAST, FORT LAUDERDALE TRUCK FARMS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, 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 INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY AND THE SOUTH UNE OF SAID SECTION 13; THENCE SOUTH 89'15'42" EAST, ALONG THE SOUTH LINE OF SAID SECTION 13, A DISTANCE OF 619.39 FEET; THENCE NORTH 00'44'18" EAST, A DISTANCE OF 375.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89'15'42' EAST, A DISTANCE OF 1294.00 FEET; THENCE NORTH 00'44'18" EAST, A DISTANCE OF 455.82 FEET; 'THENCE NORTH 89`15'42" WEST, A DISTANCE OF 437.11 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 495.00 FEET, A CENTRAL ANGLE OF 23'07'48" AND AN ARC LENGTH OF 199.83 FEET; THENCE SOUTH 60.4,08" WEST, A DISTANCE OF 334.30 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTH; THENCE WESTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 89'59'54" AND AN ARC LENGTH OF 204.20 FEET; THENCE NORTH 29'15'42" WEST, A DISTANCE OF 145.00 FEET; THENCE SOUTH 60'44'18" WEST, A DISTANCE OF 225.57 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST; THENCE SOUTHERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 60 00'01" AND AN ARC LENGTH OF 26.18 FEET, NC S '18 DIS THEN Q S ST. O T; E SOU IST N 3.0 TH DI OF 7B IN TOGETHER WITH: PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY AND THE SOUTH LINE OF SAID SECTION 13; THENCE SOUTH 89'15'42 EAST, ALONG THE SOUTH LINE OF SAID SECTION 13. A DISTANCE OF 2,013.36 FEET, THENCE NORTH 00'44'18" EAST, A DISTANCE OF 495.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 59100" EAST, A DISTANCE OF 70.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTH; THENCE EASTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 87'26'48" AND AN ARC LENGTH OF 190.78 FEET; THENCE SOUTH 8915'42" EAST, A DISTANCE OF 1084.88 FEET; THENCE NORTH 00'11'59" WEST PARALLEL WITH AND 375.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE AFORESAID TRACT 15, A DISTANCE OF 173.55 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY ALONG SAID CIRCULAR CURVE HAVING A RADIUS OF 165.00 FEET, A CENTRAL ANGLE OF 8903'43" AND AN ARC LENGTH OF 256.48 FEET; THENCE NORTH 8915'42" WEST, A DISTANCE OF 1,145.63 FEET; THENCE SOUTH 0044'18" WEST, A DISTANCE OF 335.82 FEET TO THE POINT OF BEGINNING. Prepared by, Record and Return to: Richard G. Coker, Jr. Coker & Feiner 1404 S. Andrews Avenue Ft. Lauderdale, FL 33316 AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS This Amendment to Declaration of Restrictive Covenants ("Amended Declaration") is entered into as of this day of , 2013, by LDC MONTEREY VENTURES, LLC, a Florida limited liabilitf company, ("Declarant") whose address is 550 Biltmore Way, Suite 1110, Coral Gables, Florida 33134, its successors and assigns, 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- 29 ("Application") to change the Property's Land Use Plan designation from Commercial Recreation to Low Medium (5 -10 Dwelling Units Per Acre) Residential, Declarant's predecessor -in -interest to the Property entered into that certain Declaration of Restrictive Covenants recorded in Official Records Book 44460, Page 1757 ("Declaration") restricting utilization of the Property and establishing certain affirmative obligations on Declarant a 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 hereof, their heirs, successors and assigns. 1. Recitals. The above recitals are true and correct and are incorporated hereby by reference. 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 Two Hundred Twenty-five (225) residential dwelling units, consisting of sixty-one (61) single family units and one hundred sixty-four (164) townhouse 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. 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 by the Declarant to the City on a permit by permit basis. 4. Paragraph 4(b) 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. Notwithstanding any other provision in this Paragraph 4, the fee provided for in Paragraph 4(b) shall be payable by the Declarant to the City on a permit by permit basis for each unit constructed on the Property. 5. Paragraph 5 of the Declaration is amended in its entirety as follows: Declarant shall pay a transportation management impact fee of One Hundred Fifty Thousand Dollars ($150,000.00) to County towards the purchase of Advanced Transportation Management Systems software to mitigate for impacts caused by the net trips generated by the Application. This fee shall be payable by the Declarant to the County on a permit by permit basis for each unit constructed on the Property. 6. 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 Sections 1, 2, 3, 4 and 5. Following installation of such improvements, and any further traffic calming studies, any unused portion of the Escrow Fund shall be returned to Declarant six (6) months following issuance of the final certificate of occupancy for the Project. 2 7. 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 by the Declarant to the City on a permit by permit basis for each unit constructed on the Property. 8. City and County acknowledge and accept the terms of this Amended Declaration in accordance with Paragraph 14 of the Declaration. 9. 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. 3 IN WITNESS WHEREOF, Declarant has executed this Amendment to Declaration of Restrictive Covenants as follows: Signed, sealed and delivered In the presence of: WITNESS: Print Name: Print Name: STATE OF FLORIDA COUNTY OF BROWARD LDC MONTEREY VENTURES, LLC, a Florida limited liability company By: Print Name: Print Title: Address: The foregoing instrument was acknowledged before me this day of , 2013, by as of LDC Monterey Ventures, LLC. He/She is personally known to me or has produced as identification. My Commission Expires: NOTARY PUBLIC, STATE OF FLORIDA rd BROWARD COUNTY ATTEST: County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS 0 Mayor day of 2013 Approved as to Form by Office of County Attorney, Broward County, Florida Government center, Suite 423 15 South Andrews Avenue Fort Lauderdale, FL 33301 Telephone: (954)357-7600 elm Assistant County Attorney day of 2013 5 • �• A� o A • 1 � ATTESIo?/,A FAD 00��`` PATRICIA CITY OF TAMARAC CITY CLERK APPROVED AS TO FORM: BY: �� D O C�OF THE CITY ATTORNEY MICHAEL C. CERNECH, CITY MANAGER 3�- I