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HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-2061 Temp Reso #10520 — August 19, 2004 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- v2o6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, TO APPROVE A DELEGATION REQUEST TO AMEND THE NOTE ON THE "KINGS POINT REPLAT" TO REFLECT THE FINAL DWELLING UNIT BUILD -OUT COUNT IN ORDER FOR BROWARD COUNTY TO RELEASE EXCESS IMPACT FEE REQUIREMENTS TO LENNAR HOMES, INC., AS ALL SITE PLANS HAVE BEEN DETERMINED AND PARCEL "R" HAS BEEN ACQUIRED BY THE CITY OF TAMARAC FOR A PROPOSED PARK AND NO FUTURE DWELLING UNITS SHALL BE CONSTRUCTED ON THE SUBJECT PROPERTY, SPECIFICALLY THE "KINGS POINT REPLAT", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 156, PAGE 3 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, LOCATED ON THE WEST AND EAST SIDE OF NOB HILL ROAD @ NW 80TH STREET, AS DESCRIBED IN EXHIBIT "B" (CASE NO. 8-P-04); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has examined the application and staff recommendation dated August 19, 2004; and WHEREAS, the City Commission has determined that the application is in compliance with all elements of the Comprehensive Plan for the development that is the subject of the application; and Temp Reso #10520 -- August 19, 2004 Page 2 WHEREAS, the property owner desires to amend the note on the "Kings Point Replay" (as shown in Exhibit "A") to reflect the final dwelling unit build -out count in orderfor Broward County to release excess impact fee requirements to Lennar Homes, Inc., as all site plans have been determined and Parcel "R" has been acquired by the City of Tamarac for a proposed park and no future dwelling units shall be constructed on the subject property, specifically The "Kings Point Replay', according to the Plat thereof as recorded in Plat Book 156, Page 3 of the Public Records of Broward County, Florida, located on the west and east side of Nob Hill Road @ NW 80th Street, as described in Exhibit "B"; and WHEREAS, the Director of Community Development recommends approval; and WHEREAS, the Planning Board recommended approval on August 18, 2004; 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 this Delegation Request. 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. 1 Temp Reso #10520 — August 19, 2004 Page 3 1 SECTION 2: That the City Commission hereby approves the Delegation Request to amend the note on the "Kings Point Replat" to reflect the final dwelling unit build -out count in order for Broward County to release excess impact fee requirements to Lennar Homes, Inc., as all site plans have been determined and Parcel "R" has been acquired by the City of Tamarac for a proposed park and no future dwelling units shall be constructed on the subject property, specifically The "Kings Point Replat", according to the Plat thereof as recorded in Plat Book 156, Page 3 of the Public Records of Broward County, Florida, located on the west and east side of Nob Hill Road @ NW 80th Street, as described in Exhibit ,'B,'. 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 portions or applications of this Resolution. 1 SECTION 5: adoption. Temp Reso #10520 — August 19, 2004 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 8th day of September, 2004. ATTEST: MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MITCHELL S. DRAFT CITY ATTORNEY. co m m d ev\u:\pats\userdata\wpd ata\res\10520reso JOE SCHREIBER ` MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-T DIST 3: V/M SULTANOF DIST 4: COMM. ROBERTS 9 I 1 EXHIBIT "Al' TEMP RESO #10520 KINGS POINT REPLAT EXISTING PLAT NOTE This plat is restricted to the following: Parcel H is restricted to 300 garden apartments consisting of 104 one -bedroom units, 172 two -bedroom units, and 24 three -bedroom units. The remaining Parcels (E, R. S, W and Y) are restricted to 2080 garden apartments and 110 attached villa units, and are intended for "Housing for Older Persons" as defined within the Federal Fair Housing Amendments Act of 1988 and/or the Broward County Human Rights Act, Chapter 88-360, Laws of Florida, as amended by Chapter 89-437, Laws of Florida. The units constructed on said parcels are either to be solely occupied by persons 62 years of age of older, or a least 80% of the units are to be occupied by at least one person 55 years of age or older per unit, provided that no person under the age of 18 may be a permanent occupant of any unit. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners. The notation and any amendments thereto are solely indicating the approved development level for property located within the plat and do not operate as a restriction in favor of any property owner including an owner of owners of property within this plat who took title to the property with reference to this plat_ P:"OcteW 0S� L E GA I, S � pl a I no I e. doc P9IOf2 KINGS POINT REPLAT PROPOSED PLAT NOTE This plat is restricted to the following: Parcel H is restricted to 300 garden apartments consisting of 104 one -bedroom units, 172 two -bedroom units, and 24 three -bedroom units. Parcel R is restricted to a park. The remaining Parcels (E, S, W and Y) are restricted to 1888 garden apartments, and are intended for "Housing for Older Persons" as defined within the Federal Fair Housing Amendments Act of 1988 and/or the Broward County Human Rights Act, Chapter 88-360, Laws of Florida, as amended by Chapter 89-437, Laws of Florida. The units constructed on said parcels are either to be solely occupied by persons 62 years of age of older, or a least 80% of the units are to be occupied by at least one person 55 years of age or older per unit, provided that no person under the age of 18 may be a permanent occupant of any unit. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners. The notation and any amendments thereto are solely indicating the approved development level for property located within the plat and do not operate as a restriction in favor of any property owner including an owner of owners of property within this plat who took title to the property with reference to this plat. 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C_`a IN THE MATTER OF: ANY PERSON APPEARING ON YOUR BEHALF, IN YOUR ABSENCE, MUST BE DESIGNATED AS YOUR AGENT ON THIS FORM OR SUCH PERSON WILL NOT BE ENTITLED TO SPEAK AT THE QUASI-JUCIDIAL HEARING AND THE MATTER MAY BE DETERMINED WITHOUT THE BENEFIT OF THEIR TESTIMONY. Donna C. West Carnahan -Proctor & Cross, Inc, WILL ATTEND THE QUASI-JUDICIAL (insert name of Agent) HEARING TO BE HELD IN MY ABSENCE. IN ADDITION, Donna C. West HAS MY PERMISSION TO ACT AS MY AGENT IN ALL MATTERS RELATING TO ANY PROCEEDINGS RELATED TO Kings Point Replat (Address of subject property) THIS FORM MUST BE RETURNED PRIOR TO THE QUASI-JUDICIAL HEARING. SIGNATURE OF OWNER: Lennar Homes, Inc. _Pc__�` �_IIN3 — elic.' (Print Name of Owner) STATE OF FLORIDA: COUNTY OF BROWARD: NAME/ADDRESS AND PHONE NO. OF DESIGNATED AGENT: --Carnahan-Proctor & Cross Inc. Donna C. West (Print Name of Designated Agent) 6101 W. Atlantic Blvd., Suite 201 Margate, FL 33063 Phone: 954-972-3959 Fax: 954-972-4178 The foregoing instrum nt was acknowledged before me this Z37/6 day of 200, bye i&Q �c„(iLC , owner of property, who is sons y known to me r has produced identification ( and (type of identification) who (did Cdidnot) take an oat . `fir otary is State of FI a My Commission Expires: (Type or print name of Notary) CFN # 104997533, OR 8K 39635 Page 447, Page 1 of 11, Recorded 05/13/2005 at 10:29 AM, Broward County Commission, Deputy Clerk 1032 AMPLA �,: Return recorded copy to: t o., Development Management Division 115 S. Andrews Avenue, A240 y Fort Lauderdale, FL 33301 " Document prepared by: Donna C . West Carnahan, Proctor & Cross, Inc. 7i 6101 W. Atlantic Blvd. Margate, FL 33063 (� NOTICE:_ PURCHASERS, GRANTEES, ,HEIRS, SUCCESSORS AND ASSIGNS OF ANY INTEREST IN THE PROPERTY SET FORTH ON EXHIBIT "A" ARE HEREBY PUT ON NOTICE OF THE OBLIGATIONS SET FORTH WITHIN THIS AGREEMENT WHICH SHALL RUN WITH THE I�:ie]»ail AGREEMENT FOR AMENDMENT OF NOTATION ON PLAT This is an Agreement, made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," Association, Inc.; Southhampton NeighborhoodD Asso iationb nc.;ETalaonNeNa OkErhRcdd Association, Inc.; and Villa&e of Yardley Neighborhood Association. Inc. ,itssuccessors and assigns, hereinafter referred to as "DEVELOPER." WHEREAS, DEVELOPER is the owner of property shown on the KINGS POINT REPLAT Plat, Plat No./Clerk's File No.58-MP . 93 hereinafter referred to as "PLAT," which PLAT or delegation request was approved by the Board of County Commissioners of Broward County on October 19 , i9n; and WHEREAS, a description of the platted area is attached hereto as Exhibit "A" and made a part hereof, and WHEREAS, DEVELOPER has determined there exists a need for an amendmentto the Notation on the face of said PLAT; and WHEREAS, the COUNTY has no objection to amending the notation and the Board of County Commissioners approved such an amendment at its meeting of November 16. ,2004; CA01/04 KC,"T ARD 01/01/04 Revised t s . ,i a•0r Approved CCv I t C Submitted By TURN Tir' CFN # 104997533, OR BK 39635 PG 448, Page 2 of 11 NOW, THEREFORE, in consideration of the mutual terms, conditions and promises hereinafter set forth, the COUNTY and DEVELOPER agree as follows: The above recitals and representations are true and correct and are incorporated herein, 2. COUNTY and DEVELOPER hereby agree that the notation shown on the face of the PLAT is hereby amended as set forth within Exhibit "B." 3. NOTICE. Whenever any of the parties desire to give notice to the other, such notice must be in writing, sent by U.S. Mail, postage prepaid, addressed to the party for whom it is intended at the place last specified; the place for giving of notice shall remain such until it is changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice: For the COUNTY: Director, Development Management Division of Broward County 115 South Andrews Avenue, Room A240 Fort Lauderdale, FL 33301 For the DEVELOPER: City of Tamarac 7525 NW 88 Ave. Tamarac FL 33321 4. RECORDATION. This Agreement shall be recorded in the Public Records of Broward County Florida, at the DEVELOPER's expense. The benefits and obligations contained in this Agreement shall inure to grantees, successors, heirs, and assigns who have an interest in the PLAT. 5. VENUE: CHOICE OF LAW. Any controversies or legal issues arising out of this Agreement and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State Courts of the Seventeenth Judicial Circuit of Broward County, Florida, the venue sitis, and shall be governed by the laws of the State of Florida. 6. NOTATIQNS. All other notations on the face of the above referenced PLAT not amended by this Agreement shall remain in full force and effect. 7. CHANGES TO FgRM AGREEMENT. DEVELOPER represents and warrants that there have been no amendments or revisions whatsoever to the form Agreement GAF#358 a r ' 01/01/04 Revised 2 BK4, V" ,RD Its; CFN it 104997533, OR BK 39635 PG 449, Page 3 of 11 without the prior written consent of the County Attorney's Office. Any unapproved changes shall be deemed a default of this Agreement and of no legal effect. 8. CAPTIONS AND PARA RAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. g. NO WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written 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, 10. EXHIBITS, All Exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. Typewritten or handwritten provisions inserted in this Agreement or attached hereto shall control all printed provisions in conflict therewith. 11. FURTHER ASSURANCES, The parties hereby agree to execute, acknowledge and deliver and cause to be done, executed, acknowledged and delivered all further assurances and to perform such acts as shall reasonably be requested of them in order to carry out this Agreement. 12. ASSIGNMENT AND ASSUMPTION. DEVELOPER may assign all or any portion of its obligations pursuant to this Agreement to a grantee of the fee title to all or any portion of the property described in Exhibit "A." DEVELOPER agrees that any assignment shall contain a provision which clearly states that such assignment is subject to the obligations of this Agreement and recorded in the public records of Broward County, Florida. 13. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the COUNTY and DEVELOPER. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] CA01/04 3 �'j � 4� i9i (]I D 01/01/04 Revised L] `` -% I �iW1� V CFN # 104997533, OR BK 39635 PG 450, Page 4 of 11 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and thr��{{u--gh its M or, or Vice Mayor, auth ized to execute same by Board action on the day of 20and DEVELOPER, signing by and through its my authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex- 2• Officio Clerk of the Board of B County Commissioners of CAayor Broward County, Florida —\'O� day of , 20 Approved as to form by Office of County Attorney NN'�"'�'�"'�s► Broward County, Florida is j�'s Government Center, Suite 423 � -��� 116 South Andrews Avenue J ' CREATED - :• �(P i Fort Lauderdale, Florida 33301 OCi 15T t� Telephone: (954) 357-7600 Telecopier: (954) 357-6968 e 1g15 �� • '•:AA•coo B ` Y Assistant County Attorney AIL -day of f- .20 0 01/07/04Revised ("� w. r.,�lti("yeti'" lam• i�;.1tlI CFN # 104997533, OR EK 39635 PG 451, Page 5 of 11 DEVELOPER-CORPORATION/PARTNERSHIP Witnesses (if partnership): City of Tama ac Name of Developer corporation artnership) � n (Signature) (Signatutel Print name: ' Print name:. fwe t L. r't is Lac na Title:_ .r �T `4 M G t!t , ly 1 Q/l,�•�VL_ 1� Qa,a.�nll/) • Address: 7525 NW 88 Ave. (Si nature) T Tamarac FL 33321 Print name: 2`-f day of 'Jars, 20P�5 ATTEST (if corporation): v � � [ (CORPORATE SEAL) (Secretary Signatu e) -�-^- Print Name of Secretary: ACKNO LEDGMENT - C PORATION/PARTNERSW P STATE OF FLORIDA ) ) SS. COUNTY OF HROWARD ) The foregoing instrument was acknowledged before me this day of 20 by x t- er of oC iO, a ` ` corporatio part ership, on behalf of th corporation partnership. He or she is: e �jrsona known to me, or [ ]produced identification. Type of identification produced (Seal) My commission expires: fr116"101604 JUNE A. WHITE Nab" Public - 9hY or Flaft MyG&-i M I5#-Aq 15, 2= COmmis{Idn • 0011Y065 (M Bonded By N04nol Ncbry Ann. CAF#358 01/01/04 Revised �l NOTARY PUBLIC: a� Pfiht name: �4n+a. A. Wk CFN # 104997533, OR BK 39635 PG 452, Page 6 of 11 PROM . FAX NO. : MA7141LOU e i' e i• • a 11 Jan. 21 2005 05:07PM P7 Witnesses (if partnership): Exeter Nelghborhcooi Association Inc. Nerns of Developer (corporation/partnership By i9 atu Pnnx name: )L (Signature) Print name_/ONE —/05 r�uLD Title: Address: 7997 Exerer Blvd. west - (Signature) Ta a^ac 33 2L Print name: da f ATTEST of co-rpo Siggnnd//a`ture) (CORPORATE SELL) (Secr@ta Print Name of Secretary: Pf;1/t �liG,r• STATE OF FLORIDA. ) ) SS. COUNTY OF $ROWARD ) The foregoing instrumVt Was, owl dged afore thi .day of n.20 by as of s corporation/pa�triership, on behalf of th aratl /partnership. We or she is: [ 6monally known to me, or [ •jproduced identification. Type of Identificatlon produced *TRY V- (Seal) A TAFkLVA"A- TFMLL4M MY a1resCCpe4aeont El(PII� Palide Tnnl N CAFMSS airotroa Revisal 6 CNANTY CFN # 104997533, OR RK 39635 PG 453, Page 7 of 11 DEVELOPER-CORPO _T RATION/PARNERSHIP Witnesses (if partnership) u (Signa Print name: LLinO.�l� � v't (Signature) Print name: Southampton Nei hborhood Association, Inc. Name of Developer (corporation/partnership) By (Signature) Print namOr 600 k Title: Address: 10034 W. McNab Rd. Tamarac, FL 33321 day of 6e. j2 , 20 a.s ATT f co n : (CORPORATE SEAL) (S retary n Print Name of Secretary: ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP STATE OF FLORIDA ) ) SS. COUNTY OF sROWARD ) The foregoing instrument wag acknowledged before me this L,3±1, day of as ���-t _- of a corporation/partnership, on behalf of the corps ation/ partnetthip. He or she is: [ personally known to me, or [ ]produced identification. Type of identification produced (Seal) My commission expires: JauN P Cans ;�j MY CPm�MtNon OpZ9/07E wA' ExpkN MWCh 20. 2M CAF#358 01101 /04 Revised NOTARY PUBLIC: P . name: oAl,E P. C ex.1 F_ COUi,I 7f CFN N 104997533, OR BK 39635 PG 454, Page 8 of 11 DEVELOPER-C RPORAT ON/PARTNE SHIP Witnesses (if partnership): Weldon Neighborhood Association Inc. Name of Developer (corporation/partnership) By�� t'�V �'� I41J (Signature) (Signature) "S Print name:l'Y��,',55� r-�t U& Print name G ' 7•A/A d&el- Title-&O Address: 10034 West MCNab,Road (Signature) Tamarac, FL 33321 Print name.L:;7VA1 42- day of 20 dur ATTEST (if corporation): (CORPORATE SEAL) ( ecretary Agnaturel Print Name of Secretary: j;�rt 9u'7 ( ACKNOWLEDGMENT - CORPORATI N/PARTN RSHIP STATE OF FLORIDA ) ) SS. COUNTY OF BROWARn ) The foregoing instrument was,acknowledged before me this OV day ,of 2 , by , as P;P- de. rt- of NFYds>L , a r;ZLg:-,a/_ corporation/partnership, on behalf of th . corporati n/ partnership. He or she is: [ KPersonally known to me, or [ ]produced identification. Type of identification produced �%1 ,.-rP�.,= Carolyn R, TAG.. a°' ''��"jj,,{Com�ssi.7+"Ga34?i. (Seal) ; l� 02, L..J .,?'�f d!. Aflude loading ..Inc. My commission expires: Xv A &V y CAF#358 01101 /04 Revised NOTARY PUBLIC: Print ame. a RD COUI*iTY CFN # 104997533, OR RK 39635 PG 455, Page 9 of 11 DEVELOPER-CORPORATION/PARTNERSHIP Witnesses (if partnership): l C"'_ (Signature) Print name: e? fi+Cist (SignatLYr Print name:_C�.µ village OVVar satiation, Inc. Name f evelope ( rati /partnership) at rint n me:��'/ lv Gs'aEnr Title: Aw-slasxv- Address: 4373 Rock. Island Road Lauderhill, FL 33319 34-P day of %%feA'w , 20 nr ATTEST (if corporation): (CORPORATE SEAL) (Secretary ignature) Print Name of Secretary: �o,vig 422n/dI-An1,< ACKNOWLEDGMENT - CORPORATION/PARTNERSHIP STATE OF FLORIDA ) ) SS. COUNTY OF BROWARD ) The foregoing instrument wa acknowl dged before me this day of 06 by &Pd WA,6. , as of a a Q52ra o artnership, o behalf o the dUrporditicA7 partn-erslffp. He or she is: [ ]personally known to me, or {'produced identification. Type of identification produced , ,L{(i La&'-sz t • dp� Carolpa A, Thomas NO Y PUBLIC: (Seal) ;{4' DD343166 �•,�=E:pirrs, AUG, 02, Y008 My commissityn,Vxpn° aaa ytCc/Y Print name:-" CA0DVA 01/1/04 1/04 Revis6d 9 eFa,y„R c unil`" `1 CFN M 104997533, OR BK 39635 PG 456, Page 10 of 11 EXHlJ "A" LEGAL DESCRIPTION ALL of KINGS POINT REPLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 156, PAGE 3, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA. CAF#358 ' 01/01/04 Revised 10 UN ARD CFN # 104997533, OR BK 39635 PG 457, Page 11 of 11 EXHIBIT " 81" AMENDMENT TO NOTATION ON PLAT The existing notation shown on the face of the PLAT clarifying and limiting the use of the platted property Is amended from: This plat is restricted to the following: Parcel H is restricted to 300 garden apartments consisting of 104 one -bedroom units, 172 two -bedroom units, and 24 three -bedroom units. The remaining Parcels (E, R, S, W and Y) are restricted to 2080 garden apartments and 110 attached villa units, and are intended for "Housing for Older Persons" as defined within the Federal Fair Housing Amendments Act of 1988 and/or the Broward County Human Rights Act, Chapter 88-360, Laws of Florida, as amended by Chapter 89437, Laws of Florida. The units constructed on said parcels are either to be solely occupied by persons 62 years of age of older, or a least 80% of the units are to be occupied by at least one person 56 years of age or older per unit, provided that no person under the age of 18 may be a permanent occupant of any unit. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners. The notation and any amendments thereto are solely Indicating the approved development level for property located within the plat and do not operate as a restriction in favor of any property owner including an owner of owners of property within this plat who took title to the property with reference to this plat. The notation shown on the face of the PLAT clarifying and limiting the use of the platted property is amended to: This plat is restricted to the following: Parcel H is restricted to 300 garden apartments consisting of 104 one -bedroom units, 172 two -bedroom units, and 24 three -bedroom units. Parcel R is restricted to a park The remaining Parcels (E, S, W and Y) are restricted to 1888 garden apartments, and are intended for "Housing for Older Persons" as defined within the Federal Fair Housing Amendments Act of 1988 and/or the Broward County Human Rights Act, Chapter 88-360, Laws of Florida, as amended by Chapter 89- 437, Laws of Florida. The units constructed on said parcels are either to be solely occupied by persons 62 years of age of older, or a least 80% of the units are to be occupied by at least one person 55 years of age or older per unit, provided that no person under the age of 18 may be a permanent occupant of any unit. This note is required by Chapter 5, Article IX, Broward County Code of Ordinances, and may be amended by approval of the Broward County Board of County Commissioners, The notation and any amendments thereto are solely Indicating the approved development level for property located within the plat and do not operate as a restriction in favor of any property owner including an owner of owners of property within this plat who took title to the property with reference to this plat. CA 01/01104 Revised BkZNVARD ; I l " GpMM%*,t'My i hereby certify this ilC)CiII icut to be a tnie, `'�'CRF�TEDr�y correct and coinplete, copy of the record u OCT. 15 P filed ' my office. Dated this t try .ytD15 of Roger , C:ou ty Administrator ry~ry�nl/n� By Deputy Clerk