HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-127Temp. Reso. No. 12105
October 12, 2011
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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
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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
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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��
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� ESTABLISHED � 4
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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�
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MAYOR BUSHNELL
DIST 1: COMM. SWEN ON
DIST 2: V/M GOMEZ
DIST 3: COMM. GLA ER
DIST 4: COMM. DRESSLERU
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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.
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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]
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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:
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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.