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HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-127Temp. Reso. No. 12105 October 12, 2011 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2011-Id7 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(CASE NO. 25-MI-11); 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 imposes numerous obligations upon the owner which must be satisfied prior to commencing vertical development of the property; and WHEREAS, the property within Sabal Palm was purchased by SPL Holdings, Temp. Reso. No. 12105 October 12, 2011 Page 2 C LLC and SPL South Holdings, LLC in May 2011 and the new owner is requesting that the City Commission approve amendments 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 Sabal Palm 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 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 Siegel, Lipman, Dunay, Shepard and Miskel, LLP on behalf of SPL Holdings, LLC to amend the Declaration of Restrictive Covenants; and 1 1 Temp. Reso. No. 12105 October 12, 2011 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 Wrnrct 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 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. (ZPrTIr)AI F adoption. This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this ATTEST: PETER M. J. Fkic4ARDSfDN, CR , CMC CITY CLERK. `011111 i ll,i�� ",\\\F � ESTABLISHED � 4 190 •.• SEAL .Q I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAM L S. OREN �'V CITY ATTORNEY Temp. Reso, No. 12105 October 12, 2011 Page 4 05*'day of e%� , 2011. Pima, �1%drih 8 PAMELA BUSHNELL PJEIT&10-3Bl'Al WAT&IAIAILAN ra'1Myra%9� r MAYOR BUSHNELL DIST 1: COMM. SWEN ON DIST 2: V/M GOMEZ DIST 3: COMM. GLA ER DIST 4: COMM. DRESSLERU 1 1 Return recorded copy to: Siegel, Lipman, Dunay, Shepard, & Miskel LLP 5355 Town Center Road, Suite 801 Boca Raton, Florida 33486 This Instrument Prepared by: Scott Backman, Esq. Siegel, Lipman, Dunay, Shepard, & Miskel LLP 5355 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 day of , 2011, by SPL HOLDINGS, LLC, a Colorado limited liability company ("Declarant"), whose address is 1450 Infinite Drive, Louisville, CO 80027, its successors and assigns, 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, Declarant's 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: 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. 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: 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 to the County on a permit by permit basis for each unit constructed 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 Seventy Five Thousand Dollars ($75,000.00) 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. 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 i►] 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. Paragraph 9 of the Declaration is amended as follows: 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, a ten foot (10') wall along the Florida Turnpike abutting the east Property line of the portion of the Property located north of Commercial Boulevard. Declarant also agrees that, with respect to the portion of the Property located south of Commercial Boulevard (adjacent to Mainlands Section 6), the development of the Property will be developed consistent with the approved site plan for the Property, a copy of which is attached hereto as Exhibit "B." 10. City and County acknowledge and accept the terms of this Amended Declaration in accordance with Paragraph 13 of the Declaration. 11. 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] 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 SPL Holdings, LLC, a Colorado limited liability company, by a By: Print Name: Print Title: Address: The foregoing instrument was acknowledged before me this _ day of , 2011, by as 'of as of SPL Holdings, LLC a Colorado limited liability company. He/She is personally known to me or has produced as identification. Seal: 4 Notary Public, State of Florida My Commission Expires: r-11■r*15 BROWARD COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By County Administrator and Mayor Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida day of 2011 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 Day of 2011 CITY OF TAMARAC CITY OF TAMARAC By: SAM GOREN TO PROVIDE CITY SIGNATURE BLOCK Exhibit "A" [Legal Description of The Property] EXHIBITI'C'" LEGAL DESCRIPTION OF PARK PROPERTY 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, 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", 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 7.00 FEET; THENCE SOUTH 89°09'25" EAST, A DISTANCE OF 9,75 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1014.93 FEET AND A CENTRAL ANGLE OF 41003'44", A DISTANCE OF 727.37 FEET; THENCE NORTH 41°54'19" EAST, ALONG A LINE RADIAL TO THE LAST DESCRIBED CURVE, A DISTANCE OF 15.00 FEET; THENCE SOUTH 47°52'28" EAST, A DISTANCE OF 43.27 FEET TO THE POINT OF BEGINNING; THENCE NORTH 39°57'13". EAST, A DISTANCE OF 684.60 FEET; THENCE SOUTH 45°27'17" EAST, A DISTANCE OF 503.11 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE SUNSHINE STATE PARKWAY; THENCE SOUTH 38°17'30" WEST, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 692.52 FEET; THENCE NORTH 42023'54" WEST, A DISTANCE OF 294.45 FEET; THENCE NORTH 4705228" 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. EXHIBIT "D" LEGAL DESCRIPTION OF FIRE STATION PROPERTY 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 0001345" WEST, ALONG THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 60.01 FEET; THENCE SOUTH 89"09'25" EAST, A DISTANCE OF 87.36 FEET TO THE POINT OF BEGINNING; THENCE NORTH 44041'35" WEST, A DISTANCE OF 49.03 FEET; THENCE NORTH 00013'46" 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 DISTANCE OF 117.00 FEET; THENCE SOUTH 00°13'45" EAST, A DISTANCE OF 224.15 FEET; THENCE SOUTH 89009'25" EAST, A DISTANCE OF 182.99 FEET; THENCE SOUTH 00°13'45" EAST, A DISTANCE OF 205.00 FEET; THENCE NORTH 89009'25" WEST, ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL WITH (AS MEASURED AT RIGHT ANGLES TO) THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 265.64 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 2. 000 ACRES, MORE OR LESS.