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Home My WebLink AboutCity of Tamarac Resolution R-2008-081Temp. Reso. #11421 May 20, 2008 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2008 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS FOR TEPHFORD PARK (FORMERLY KNOWN AS SOUTHGATE LINEAR PARK); PROVIDING FOR THE RECORDATION OF SAID DECLARATION OF RESTRICTIVE COVENANTS IN THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Broward County Challenge Grant Program provided grants under the 2000 Broward County Safe Parks and Land Preservation Bond Issue to be utilized by municipalities to provide for recreation facilities within Broward County; and WHEREAS, on June 22, 2004, the Broward County Board of County Commissioners recommended use of unallocated County District Commissioner Discretionary Bond funds for any appropriate activity under the 2000 Broward County Safe Parks and Land preservation Bond Program and its implementing regulations; and WHEREAS, on September 27, 2006, the City Commission of the City of Tamarac, Florida, approved Resolution No. R-2006-182, accepting an award from the Broward County Challenge Program in the amount of $150,000 for the development of Tephford Park (formerly known as Southgate Linear Park), including a fishing pier and playground, and authorizing the appropriate City Officials to execute an Agreement between the City of Tamarac and Broward County relating to said grant funds, a copy of said Agreement is on file and available for review in the Office of the City Clerk; and Temp. Reso. #11421 May 20, 2008 Page 2 WHEREAS, Article 2, Section 2.3 of the Agreement between Broward County and the City of Tamarac relating to the Broward County Challenge Grant Program and funding in the amount of $150,000 for Tephford Park (formerly known as Southgate Linear Park) provides that the City agree to execute a Declaration of Restrictive Covenants ensuring that the Project, when completed shall be utilized for public recreational purposes for a minimum of twenty-five (25) years; and WHEREAS, the Director of Parks and Recreation recommends the appropriate City Officials execute a Declaration of Restrictive Covenants for Tephford Park (formerly known as Southgate Linear Park), attached hereto as Exhibit 1, and to record said document in the Public Records of Broward County, Florida; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute a Declaration of Restrictive Covenants for Tephford Park (formerly known as Southgate Linear Park), and to record said document in the Public Records of Broward County, Florida. 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 upon adoption hereof. SECTION 2: The appropriate City officials are hereby authorized to execute a Declaration of Restrictive Covenants for Tephford Park (formerly known as Southgate Linear Park). Temp. Reso. #11421 May 20, 2008 Page 3 SECTION 3: That the City Clerk's Office is hereby directed to record said Declaration of Restrictive Covenants for Tephford Park (formerly known as Southgate Linear Park) in the Public Records of Broward County, Florida. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /Aay of , 2008. ATTEST: BETH FLANSBAUM-TALA ISCO MAYOR RECORD OF COMMISSION VOTE: MARION SWENSON, CMC MAYOR FLANSBAUM-TALABISCO ' CITY CLERK DIST 1: COMM PORTNER_ W"O'/ DIST 2: COMM ATKINS-GR DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. C AMUEL S. GOREN ;, CITY ATTORNEY Temp. Reso. #11421 — Exhibit 1 Document prepared by: City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321-2401 DECLARATION OF RESTRICTIVE COVENANTS r THIS DECLARATION OF RESTRICTIVE COVENANTS, made this Z/ -day of L. 20g, by (City), hereinafter referred to as "PIROPERTY OWNER." ,1 WITNESSETH WHEREAS, PROPERTY OWNER is the fee title owner of that certain real property located in Broward County, Florida, as described in Exhibit "A," attached hereto and made a part hereof, (the PROPERTY); and WHEREAS, the PROPERTY contains site improvements utilizing Broward County's Safe Parks and Land Preservation Bond Program funds, obtained through the Challenge Grant Program; and WHEREAS, the use of the PROPERTY shall be in accordance with the provisions of the terms and conditions contained in Broward County's Safe Parks and Land Preservation Bond Program, as set forth in Broward County Resolution No. 2000-1230 and the Challenge Grant Agreement (the AGREEMENT), entered into by PROPERTY OWNER and Broward County, approved by Broward County on the 13th day of November, 2006, and recorded at Official Records Book 43097, page 1783, of the public records of Broward County, Florida; NOW, THEREFORE, PROPERTY OWNER hereby declares that the Property shall be developed, held, maintained, transferred, sold, conveyed and owned subject to the following designations and restrictive covenants: RECITALS The recitals set forth above are true and correct and are incorporated into these restrictive covenants. 2. RESTRICTIONS (a) The PROPERTY will be utilized for public parks and recreation use for a minimum of twenty- five (25) years from the effective date of this Declaration. (b) Only buildings necessary for and ancillary to the open space and recreational use shall be allowed. (c) Any proposed use for the Site shall be consistent with the terms and conditions contained in the AGREEMENT recorded at Official Records Book 43097, pagel783 of the public records of Broward County, Florida. (d) No use of the PROPERTY shall be allowed which is inconsistent with the intent and purpose of this Declaration of Restrictive Covenants and the AGREEMENT. 3. MODIFICATION AND TERMINATION No revisions to the Declarations of Restrictive Covenants shall be permitted unless specifically approved by the Board of County Commissioners of Broward County, Florida (the BOARD), in accordance with the procedures set forth below. If PROPERTY OWNER, its successors and assigns wishes to modify or terminate these restrictive covenants, it shall be required to do the following: (a) PROPERTY OWNER must apply to the BOARD for an amendment to, or termination of, these restrictive covenants. (b) No modification or termination of this Declaration of Restrictive Covenants shall be permitted unless specifically approved by a four -fifths vote of the entire Board of County Commissioners of Broward County, Florida. 4. COVENANT RUNNING WITH THE LAND This Declaration of Restrictive Covenants shall be recorded in the Public Records of Broward County, Florida, upon completion of the Project, as defined in the AGREEMENT, shall run with the PROPERTY described in Exhibit' A," and shall be binding on all persons and entities acquiring title to or use of the PROPERTY. 5. ENFORCEMENT Broward County, through its Board of County Commissioners, its successors and assigns, is the beneficiary of these restrictive covenants and as such, Broward County 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 Restrictions. Broward County shall provide PROPERTY OWNER with a written notice of violations for any provision of this Declaration and allow PROPERTY OWNER ninety (90) days to cure the violation. If PROPERTY OWNER fails to remedy the default within the time frame set forth above, PROPERTY OWNER shall transfer fee simple title of the PROPERTY to Broward County within sixty (60) days of the date of Broward County requests transfer of the PROPERTY. 6. WAIVER Any failure by Broward County to enforce these restrictive covenants shall not be deemed a waiver of the right to do so thereafter. 2 7. INVALIDATION Invalidation of any one of these restrictive covenants by judgment or court order shall in no way affect any other conditions which remain in full force an effect. 8. EFFECTIVE DATE The Declaration of Restrictive Covenants shall become effective upon completion of the Project, as defined in the AGREEMENT and the subsequent recordation of this Declaration in the Public Records of Broward County, Florida. IN WITNESS WHEREOF, ' has hereunto set its authorized hand this & day of 20 WITNESSES: ATTEST: CITY OF TAMARAC Y Bet6 Flansbaum-Talabisco, Mayor day of - , 20&! City Clerk Jeffrey E. Willer, City Manager day of u 20� is , (CORPORATE SEAL) APPROVED AS TO FORM: S muel S. Goren, City Attorney day of , 20 3 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY LEGAL DESCMPT/ON: A PARCEL OF LAND FEINT; 71iA7 Pc R0N OF SECRONS 5 AND 6, 7OWIVSHIP 4.9 5(76W DANCE 41 FA57, HROWAFD COUWN FLORILI,A, L )M' NOF77-1 OF TI/E NOR 1T'1G7/T--0E--WAY' LINE OF SOU71 iGA7E BOULEbAFO, AND '0(/F/I OF T-17f .`;OUTIl RICIHT—Of--"Y' LINE OF C)F'FE 6,'Rtfk' CANAL ((-ANAI- C--14) AND LM(-, EASI OF 7?YE- EAST RIGN7--OF..WAY OF 5AW6FA.5S F-;kY'f?ESSWA) (STATE FOAL.) 869) RECORDED IN AflSCRLANEOUS AMP FOO/i 11, FAGF ,36, REC'ORPE1.7 IN nFfICIAL RF. CORDS 50(l)h' 1,57,37, FACE `60, FUFLIC Rf COR05 OF FROWARD COUAI TY; F10R1NA, AND WES 7' Of 711E N/E:ST RIGIi T Of - WAY Of NOF HILL ROAD. L]