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HomeMy WebLinkAboutCity of Tamarac Resolution R-2008-191Temp. Reso.#11535 Page 1 of 8 December 1, 2008 CITY OF TAMARAC, FLORIDA�?/ RESOLUTION NO. R-2008- / A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, PROVIDING FOR AN OMNIBUS REASSESSMENT AND REEVALUATION OF THE RELATIONSHIP BETWEEN THE CITY OF TAMARAC AND PRESTIGE HOMES OF TAMARAC, INC. ("PRESTIGE HOMES"); AUTHORIZING THE CITY MANAGER, OR HIS OR HER DESIGNEE, TO EXECUTE A GROUND LEASE AGREEMENT WITH PRESTIGE HOMES; SUPPORTING PRESTIGE HOMES' REQUEST TO THE BOARD OF COUNTY COMMISSIONERS FOR BROWARD COUNTY TO ELIMINATE THE WORKFORCE HOUSING COMPONENT OF THE PREVIOUSLY RECORDED DECLARATION OF RESTRICTIVE COVENANTS FOR THE SABAL PALM PLAT GENERALLY LOCATED ON THE NORTHEAST CORNER OF COMMERCIAL BOULEVARD AND ROCK ISLAND ROAD, OR ANY OTHER AMENDMENT TO THE WORKFORCE HOUSING COMPONENT AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS; REAFFIRMING PRESTIGE HOMES' REQUIREMENT TO DESIGN AND CONSTRUCT A SOUND WALL BARRIER AS SET FORTH IN THE DECLARATION OF RESTRICTIVE COVENANTS; REAFFIRMING PRESTIGE HOMES' REQUIREMENT TO SATISFY PAYMENT OF ANY AND ALL FINANCIAL OBLIGATIONS TO THE MAINLANDS 6 HOMEOWNERS' ASSOCIATION AND THE MAINLANDS T HOMEOWNERS' ASSOCIATION, AS SET FORTH IN THE DECLARATIONS OF RESTRICTIVE COVENANTS, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS BY THE CITY; AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO TAKE THE ACTION NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BOARD OF COUNTY COMMISSIONERS FOR BROWARD COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac, Florida (hereinafter referred to at the "City") and Prestige Homes of Tamarac, Inc. (hereinafter referred to as "Prestige, Homes"), owners of the Sabal Palm Golf Course and other property within the City, have a longstanding relationship; and Temp. Reso.#11535 Page 2 of 8 December 1, 2008 WHEREAS, Prestige Homes has recently sought, and the City has recently agreed to, a number of land use and zoning changes for certain properties located within the City; and WHEREAS, Prestige Homes is in the midst of a number of redevelopment projects on several properties within the City, including the Sabal Palm Golf Course; and WHEREAS, as part of these ongoing projects, Prestige Homes has agreed to dedicate a certain portion of real property generally located on the northeast corner of Commercial Boulevard and Rock Island Road to the City; and WHEREAS, Prestige Homes has requested that the City lease back a portion of the dedicated property to allow them to operate a Sales Center on the property in an effort to market homes within the Sabal Palm area of the City, a copy of the Ground Lease Agreement is attached hereto as Exhibit "A" and incorporated herein; and WHEREAS, on July 30, 2007, a Declaration of Restrictive Covenants was executed by Prestige Homes for the subject property imposing certain workforce housing requirements on Prestige Homes, as well as other conditions and restrictions; and WHEREAS, the Declaration of Restrictive Covenants were recorded on August 10, 2007, in the Broward County Public Records, Official Record Book 44460, Page 1653; and 1 Temp. Reso.#11535 Page 3 of 8 December 1, 2008 WHEREAS, the Declaration of Restrictive Covenants expressly provide that they shall be enforceable by the City or Broward County, individually or collectively; and WHEREAS, Prestige Homes has petitioned the City to support the elimination of the workforce housing requirements as set forth in the Declaration of Restrictive Covenants; and WHEREAS, City Staff has reviewed Prestige Homes' appeal for support and has no objection to the amending the Declaration of Restrictive Covenants, as requested; and WHEREAS, the City acknowledges that the Board of County Commissioners for Broward County makes the final determination regarding the workforce housing requirements of the Declaration of Restrictive Covenants, and while it supports the elimination thereof, the City will further support any ultimate determination by the County Commission as it relates to workforce housing; and WHEREAS, while City Staff has no objection to the workforce housing amendment, Staff does recommend a reaffirmation of certain other provisions in the Declaration of Restrictive Covenants, including the design and construction of a sound wall barrier, as well as the satisfaction of any and all payments owed to the Mainlands 6 and 7 Homeowners' Associations prior to the issuance of any building permits by the City; and WHEREAS, the City Commission has reviewed Prestige Homes' requests and City Staffs recommendation, and deems it to be in the best interests of the citizens Temp. Reso.#11535 Page 4 of 8 December 1, 2008 and residents of the City to execute the proposed Ground Lease Agreement attached hereto as Exhibit "A", to support amending the workforce housing requirements of the Declaration of Restrictive Covenants, as requested by Prestige Homes, and to otherwise reaffirm the terms of Declaration of Restrictive Covenants, as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC AS FOLLOWS: Section 1. The foregoing "WHEREAS" clauses are confirmed and ratified as being true and correct and are hereby incorporated herein. Section 2. The City Commission of the City of Tamarac, Florida hereby authorizes the City Manager, or his or her designee, to execute a Ground Lease Agreement with Prestige Homes of Tamarac, Inc., a copy of the Lease Agreement is attached hereto as Exhibit "A" and incorporated herein. Section 3. The City Commission hereby supports Prestige Homes' request to eliminate the workforce housing requirements of the Declaration of Restrictive Covenants. As the Board of County Commissioners for Broward County makes the final determination regarding the workforce housing requirements, the City Commission hereby further supports any such alternate determination that may be made by the Board of County Commissioners related thereto. Section 4. The City Commission hereby reaffirms Prestige Homes' requirement and commitment to design and construct a sound wall barrier along the Florida Turnpike on the subject property in any areas where such sound walls are not Temp. Reso.#11535 Page 5 of 8 December 1, 2008 constructed by the Florida Department of Transportation, as set forth in the previously recorded Declaration of Restrictive Covenants. Section 5. The City Commission hereby further reaffirms Prestige Homes' requirement to satisfy any and all payment obligations to the Mainlands 6 Homeowners' Association and the Mainlands 7 Homeowners' Association prior the issuance of any building permits by the City. Section 6. The City Commission hereby authorizes and directs the appropriate members of the City Administration to take the action necessary to effectuate the intent of this resolution. Section 7. The City Commission hereby directs the City Clerk to transmit a copy of this resolution to the Board of County Commissioners for Broward County. Section 8. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 9. 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 application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 10. This Resolution shall become effective immediately upon its passage and adoption. Temp. Reso.#11535 Page 6 of 8 December 1, 2008 PASSED AND ADOPTED BY THE CITY 99MMISSION OF THE CITY OF TAMARAC, FLORIDA THIS � DAY OF , 2008. ATTEST: I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY CITY OF TAMARAC, FLORIDA BETH FLAN BAUM- ALABISCO, MAYOR RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER J I GROUND LEASE AGREEMENT THIS GROUND LEASE (this "Lease") is entered into this / day of December, 2008, by and between CITY OF TAMARAC, FLORIDA (hereinafter "Landlord"), and PRESTIGE HOMES OF TAMARAC, INC. (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, Tenant is the record owner of certain unimproved real property located in Tamarac, Broward County, Florida, more specifically identified as Tract "H" on the proposed plat of SABAL PALMS and located at the northeast corner of Commercial Blvd. and Rock Island Road (hereinafter referred to as the "Premises"); and WHEREAS, Tenant has agreed to dedicate said lands to Landlord but wishes to lease said Premises back from Landlord upon the terms and conditions set forth herein; and WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the mutual benefits accruing to the respective parties under the provisions of this Lease Agreement, the parties hereby agree as follows: 1. Term of Lease. The term of this Lease (hereinafter referred to as the "Lease Term") shall commence upon the filing of the Plat of SABAL PALMS and shall end when terminated by either party as follows: After June 1, 2010, Landlord may terminate this lease by giving one hundred eighty (180) days notice to Tenant. Beginning December 1, 2010, Tenant may terminate this lease by giving thirty (30) days notice to Landlord. 2, Rent. There shall be no Rent due for the period January 1, 2009 through December 31, 2009. For the period of January 1, 2010 through December 31, 2010, monthly Rent in the amount of One Thousand and no/100 Dollars ($1,000.00) shall be due and payable on the first of each month. Until terminated by either party as provided above, monthly payments due on January 1, 2011 and thereafter shall continue to be in the amount of One Thousand and No/100 Dollars ($1,000.00) 3. Quiet Enioyment. Landlord expressly acknowledges and agrees that Tenant shall be undisturbed in its possession of the Premises during the Lease Term. 4. Utilities/Maintenance/Refuse/Use. During the Lease Term, Tenant shall pay the costs of any electricity, water, sewer, refuse collection, general maintenance and janitorial services. Landlord expressly acknowledges and agrees that Tenant shall have no obligation to repair or replace any improvements situated on the Premises. 5. Use. Tenant agrees that it shall use the Premises for purposes of operating a sales and administration center/trailer for its real estate developments in the City of Tamarac as well as any other activities or events reasonably related thereto. 6. Insurance. Tenant shall maintain a liability policy for personal injury and property damage from an insurance carrier approved by Landlord with a minimum limit of liability of One Million and No/100 Dollars ($1,000,000.00) per occurrence, Five Million and No/100 Dollars ($5,000,000.00) aggregate naming Landlord as an additional insured on said policy. A certificate of insurance relating to said policy shall be presented by Tenant to Landlord at the time of execution of this Agreement. 7. Indemnification. Tenant agrees to hold Landlord harmless from and against any and all claims, suits, demands, damages, losses, costs and expenses, including reasonable attorney's fees and expenses, arising directly or indirectly from Tenant's, its agents, employees, guests, and invitees, use and occupancy of the Premises, including specifically any personal injury which may result to any person whomsoever on or about the Premises during the Lease Term except to the extent that same shall be due to Landlord's negligence or breach of this Agreement. 8. Breach/Opportunity, to Cure. In the event of a breach of any term, covenant, or condition of this Agreement by Tenant, Landlord shall provide written notice to Tenant, in the manner set forth herein, describing the alleged breach with reasonable particularity. Upon receipt of such notification from Landlord, Tenant shall have a period of fifteen (15) days from its receipt of such notification in which to cure same. In the event Tenant is unable to cure the alleged breach within said time frame, Landlord shall grant to Tenant an additional period of time, not to exceed thirty (30) days, in which to cure the default. 9. Assignment. Tenant shall be entitled to assign this lease only in the event of sale by Tenant of one of its developments in the City of Tamarac and the assignment may only be to the purchaser of one of its developments. 10. Notices. All notices shall be by certified mail, return receipt requested, to the following persons at the following addresses: If to Landlord: City of Tamarac 7525 N.W. 88t' Avenue Tamarac, FL 33321 Attn: City Manager With a copy to: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Ft. Lauderdale, FL 33308 Attn: Samuel S. Goren, Esq. If to Tenant: Prestige Homes of Tamarac, Inc. 11784 West Sample Road, Suite 101 Coral Springs, FL 33065 With a copy to: George W. Mathews III, Esq. 1325 S. Congress Avenue, Suite 104 Boynton Beach, FL 33426 11. Non -disturbance. During the Lease Term, Tenant's right of possession shall not be disturbed or impaired. 12. Signs. Tenant may display signs on the Premises as it may desire provided said signs do not violate any law, regulation or ordinance. 13. Governing Law. The parties hereto expressly agree that this Agreement shall be construed in accordance with the laws of the State of Florida. 14. Attorne 's Fees. In the event of any litigation arising out of any of the terms or provisions of this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred, including reasonable attorney's fees at all trial and appellate levels. 15. Section Headings. The several section headings of this Agreement are inserted for convenience only and shall be ignored in interpreting the provisions of this Agreement. 16. Severability. Should any court of competent jurisdiction deem any provision or clause of this Agreement to be illegal, invalid, or unconscionable and unenforceable, such provision or clause shall be fully severable from this Agreement and, in its place, there shall be added to this Agreement a similar provision as near in intent as possible but which is not illegal or unconscionable, and this Agreement shall be construed and interpreted as if such illegal, invalid, or unconscionable and unenforceable provision or clause had never comprised a part of this Agreement. 17. Multiple Counterparts, This Agreement may be executed in multiple counterparts, each of which shall constitute collectively one Agreement. 18. Entire Agreement/Modification. This Agreement constitutes the entire Agreement between the parties and supersedes all prior agreements, addendums, amendments, or understandings which existed between the parties. Unless otherwise stated in this Agreement, this Agreement may be modified only by writing which is signed by both of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. TENANT PRESTIGE HOMES OF TAMARAC, INC., a Florida corporation i' By: _ Bruce Chait, President LANDLORD CITY OF TAMARAC, FLORIDA VA W/ EA, This instrument prepared by and return to: Gerald L. Knight Billing, Cochran, Lyles, Mauro & Ramsey, P.A. 515 East Las Olas Boulevard, 6"' Floor Fort Lauderdale, Florida 33301 AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS THIS AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS (the "Amendment") is entered into this day of , 2008, by PRESTIGE HOMES OF TAMARAC, INC., a Florida corporation, whose address is 11784 W. Sample Road, Suite 101, Coral Springs, Florida 33065 (the "Declarant"). WITNESSETH: WHEREAS, Declarant entered into that certain Declaration of Restrictive Covenants dated July 30, 2007, recorded at O. R. Boole 44460, Page 1653, Public Records of Broward County, Florida (the "Declaration"), relating to the real property described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, Declarant wishes to amend the Declaration; NOW, THEREFORE, Declarant hereby declares as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. Paragraph 3 of the Declaration is hereby deleted in its entirety. 3. Exhibit "B" of the Declaration is hereby deleted in its entirety. 4. Paragraph 4 of the Declaration is hereby amended to read as follows: 4. Prior to the issuance of the first building permit by City for the construction or erection of the first residential unit on Property, Declarant shall: (a) convey to City, on the Plat of the Property, that property described in Exhibit "C" attached hereto and incorporated herein ("Park Property"), to be used as public park and recreation land or for other municipal purposes; (b) convey to City, on the Plat of the Property , that property described in Exhibit "D," attached hereto and incorporated herein ("Fire Station Property"), to be used by -City for a fire station or for other municipal purposes; (c) pay off the remainder of the homeowners association recreational lease for Maintands Section b; and (d) provide to each of the homeowners association for Mainlands Sections G 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 association's membership. 5. Paragraph 7 of the Declaration is hereby amended to read as follows: 7.(a) 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 Property at Declarant's expense up to One Hundred Twenty Five Thousand Dollars ($125,000.00). (b) Declarant shall provide to the City the amount of Five Hundred Thousand Dollars ($500,000.00) to be used by the City for municipal purposes, such amount to be paid in installments prior to the issuance of each certificate of occupancy for a residential unit constructed on the Property at the rate of $1,008 for the first 495 units and $I,040 for the 496"' unit, G. As amended hereby, the Declaration shall remain in full force and. effect. In the event of any conflict between the provisions of the Declaration and the provisions of this Amendment, the provisions of this Amendment shall prevail. 7. This Aniendnlent may be executed in any number of counterparts, each of which will be deemed to be an original, and all of such counterparts will constitute one Amendment. The signature of any party to any counterpart may be appended to any other counterpart. IN WITNESS WHEREOF, the Declarant has executed this Amendment on the date stated above. Pa WITNESSES: DECLARANT: PRESTIGE BIOMES OF TAMARAC, INC., a Florida corporation (Please print name) Name: Title: (Please print name) STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of , 2008, by of Prestige Homes of Tamarac, Inc., a Florida corporation, on behalf of said corporation, who is personally known to me, or has produced as identification. NOTARY PUBLIC (Seal) My commission expires: Print name: APPROVAL OF CITY OF TAMARAC The City of Tamarac, Florida, acting by and through its City Commission, which approved this Amendment to Declaration of Restrictive Covenants on , 2008, signing by and through its Mayor, does hereby join in. and consent to this Amendment to Declaration. of Restrictive Covenants. ATTEST: CITY OF TAMARAC, a municipal corporation of the State of Florida City Clerk (Seal) M Mayor Date: , 2008 Approved as to form. and legal sufficiency: Samuel S. Goren, City Attorney APPROVAL OF BROWARD COUNTY Broward County, a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, which approved this Amendment to Declaration of Restrictive Covenants on , 2009, signing by and through its Mayor, does hereby join in and consent to this Amendment to Declaration of Restrictive Covenants. Attest: County Administrator and Ex-Officio Clerk of the Mayor Board of County Commissioners of Broward County, Florida BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS LIM Mayor Date: Approved as to form by Office of County Attorney Broward County, Florida Governmental Center, Suite 423 1.1.5 South Andrews Avenue :Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Tetecopier: (954) 357-6968 By Assistant County Attorney 112 EXHIBIT "A" Description of Property (PARCEL A) A PORTION OF TRACTS 4 AND 5 OF FORT LAUDERDALE TRUCK FARMS SUBDNISION" 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 89009'25" 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 00013'00" EAST, A DISTANCE OF 1345.52 FEET; THENCE SOUTH 89047'00" 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, THE WEST LINE OF SAID SECTION 13. A DISTANCE OF 960.00 FEET, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF N.W. 50TH STREET, AS SHOWN ON THE PLAT "THE MAINLANDS OF TAMARAC LAKES 6TH SECTION", AS RECORDED IN PLAT BOOK 65, PAGE 46, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, (SAID POINT BEING FURTHER DESCRIBED AS BEING ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS NORTH 89"47'00" EAST, FROM 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 90000'00" 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*1T00" 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 1, BLOCK 118, 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 89047'00" EAST, A DISTANCE OF 90.00 FEET; THENCE NORTH 00013'00" 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 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, 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 89009'25" EAST, ALONG THE NORTH LINE OF SAID SECTION 13, A DISTANCE OF 784.12 FEET; THENCE SOUTH 00013'00" EAST, A DISTANCE OF 85.48 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE SOUTH 00013'00" EAST, A DISTANCE OF 242.68 FEET; THENCE SOUTH 89°09'25" EAST, A DISTANCE OF 967.55 FEET, TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 626.93 FEET, A CENTRAL ANGLE OF 50°36'05° AND AN ARC LENGTH OF 563.68 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; THENCE EASTERLY AND SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 145.00 FEET, A CENTRAL ANGLE OF 76050'37" AND AN ARC LENGTH OF 194.47 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 38"17'30" 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 35°56'40" 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 36°16'32" 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 230017'12" 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"06'41" AND AN ARC LENGTH OF 744.87 FEET; THENCE NORTH 51°42'30" WEST, A DISTANCE 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 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 IN 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 90°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 OFTAMARAC LAKES 6TH SECTION% THENCE SOUTH 00013' 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 NORTH LINE OF SAID TRACT 12; THENCE NORTH 89'15'42" WEST, ALONG THE NORTH LINE OF SAID TRACT 12, A DISTANCE OF 10.00 FEET; THENCE SOUTH 00"1T00" EAST, ALONG A LINE 40.00 FEET EAST OF, AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID SECTION 13, A DISTANCE OF 1320.00.FEET, TO A POINT ON THE SOUTH LINE OF SAID TRACT 12; THENCE SOUTH 89915'42" EAST, ALONG THE SOUTH LINE OF SAID TRACT 12, A DISTANCE OF 384.22 FEET, TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, WHOSE RADIUS POINT BEARS SOUTH 64047'25" 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 TWO DESCRIBED COURSES BEING COINCIDENT WITH THE WESTERLY RIGHT -OF --WAY LINE OF THE SUNSHINE STATE PARKWAY; THENCE NORTH 33°56'43" WEST, A DISTANCE'OF 601.27 FEET; THENCE NORTH 41*5419" 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 41*54'19" 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 41 °03'44" AND AN ARC LENGTH OF 636.35 FEET, TO THE POINT OF TANGENCY; THENCE NORTH 89"09'25" 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 FEET; THENCE SOUTH 45°18'48" WEST, A DISTANCE OF 25.87 FEET TO THE POINT OF BEGINNING. CONTAINING 44.3913 ACRES, MORE OR LESS. 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 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: (PARCEL C SOUTH) COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12; THENCE SOUTH 89009'25" EAST, ALONG THE SOUTH LINE OF SAID SECTION 12, A DISTANCE OF 653.01 FEET; THENCE NORTH 00*13'45" WEST, ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 12, A DISTANCE OF 60.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00°13'45" WEST, A DISTANCE OF 805.38 FEET TO A POINT OF THE ARC OF A CIRCULAR CURVE TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 61"05'62" EAST FROM THE LAST DESCRIBED POINT; THENCE ALONG THE BOUNDARY OF "THE MAINLANDS OF TAMARAC LAKES SEVENTH SECTION", AS RECORDED IN PLAT BOOK 68, PAGE 4, OF SAID PUBLIC RECORDS, THE FOLLOWING EIGHT (8) 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 89009'25" EAST, A DISTANCE OF 775.53 FEET; THENCE SOUTH 00050'35" WEST, A DISTANCE OF 276.77 FEET; THENCE NORTH 89009'25' 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 51 °49'54" AND AN ARC LENGTH OF 140.22 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 39°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 38010'06" AND AN ARC LENGTH OF 103.26 FEET, TO THE POINT OF TANGENCY; THENCE SOUTH 00050'35" WEST, A DISTANCE OF 235.38 FEET; THENCE NORTH 89009'25" WEST, ALONG A LINE 60.00 FEET NORTH OF, AND PARALLEL 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) 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 334.47 FEET; THENCE SOUTH 89°09'25" 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 15; THENCE SOUTH 00*12,55" EAST, ALONG THE EAST LINE OF SAID TRACT 15, A DISTANCE OF 381.98 FEET; THENCE SOUTH 44°01'43" WEST, A DISTANCE OF 197.50 FEET; THENCE SOUTH 77027'33" WEST, A DISTANCE OF 174.15 FEET; THENCE NORTH 78"34'08" WEST, A DISTANCE OF 369.90 FEET; THENCE SOUTH 52055'08" WEST, A DISTANCE OF 276.97 FEET; THENCE SOUTH 27°01'40" WEST, A DISTANCE OF 358.82 FEET; THENCE SOUTH 39057'13" NORTH, A DISTANCE OF 684.60 FEET; THENCE NORTH 47°52'28" WEST, A DISTANCE OF 43.27 FEET; THENCE SOUTH 41°54'19" WEST, A DISTANCE OF 15.00 FEET TO AN INTERSECTION WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS SOUTH 41054'19" WEST, FROM THE LAST DESCRIBED POINT; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1014.93 FEET, A CENTRAL ANGLE OF 41 "03'44" AND AN ARC LENGTH OF 727.37 FEET, TO THE POINT OF TANGENCY; THENCE NORTH 89009'25" WEST, A DISTANCE OF 9.75 FEET; THENCE ALONG THE BOUNDARY OF SAID "THE 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 00°5V35" EAST, A DISTANCE OF 191,77 FEET, THENCE SOUTH 89°0925" EAST, A DISTANCE OF 363.00 FEET; THENCE SOUTH 00050'35" WEST, A ❑ISTANCE OF 323.00 FEET, TO 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 59°09'25" EAST, 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 647.40 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 31041'55" AND AN ARC LENGTH OF 121.71 FEET, TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS 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 198D25'25" AND AN ARC LENGTH OF 416.58 FEET, TO THE POINT OF TANGENCY; THENCE NORTH 89"09'25" 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 62°23'57", 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, FLORIDA, AND CONTAIN 109.031 ACRES, MORE OR LESS.