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Home My WebLink AboutCity of Tamarac Resolution R-2003-196CITY OF TAMARAC INTEROFFICE MEMORANDUM CITY CLERK TO: Chris King, Community DATE: 29 AUGUST 2003 Development Director FROM: Marion Swenson, City/IIIlerk RE: Resolution R2003-196 Agreement for Release of Restrictive Covenant between the City of Tamarac and Centex Homes Attached is a copy of Resolution No. R2003-196 as well as the original Agreement for Release of Restrictive Covenant between the City of Tamarac and Centex Homes. As we discussed, Gerald Knight, Attorney for Centex Homes will record the above -agreement. It is the City's practice to keep originals of all agreements; however, in this case, we will accept a certified copy of the recorded agreement to keep in our files as our "original". Please advise when we can expect to receive the certified recorded copy. Attachments Cc: Jeffrey L. Miller, City Manager (without attachments) Michael C. Cernech, Assistant City Manager (without attachments) Mitchell S. Kraft, City Attorney (without attachments) Tom Schneider, Assistant City Clerk (without attachments) Temp Reso #10219 — August 7, 2003 Revision No. 1 —August 14, 2003 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE AND EXECUTE AN AGREEMENT ENTITLED, "AGREEMENT FOR RELEASE OF RESTRICTIVE COVENANT" BETWEEN THE CITY OF TAMARAC AND CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP, IN ORDER TO ACCOMMODATE THE FUTURE DEVELOPMENT OF THE PROPERTY GENERALLY LOCATED NORTH OF NW 57T" STREET AT NW 91ST AVENUE, SPECIFICALLY PARCEL "P" OF THE "LYONS INDUSTRIAL PARK" PLAT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71, PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA (CASE NO. 14-MI-03); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Centex Homes, a Nevada general partnership, has proposed to develop Parcel "P" of the "Lyons Industrial Park" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 1 of the Public Records of Broward County for up to 536 residential units pursuant to the City of Tamarac's comprehensive development plan; and WHEREAS, Centex Homes is the fee title owner of that certain real property described in Exhibit "A" (attached hereto) situate in the City of Tamarac, Broward County, Florida; and Temp Reso #10219 — August 7, 2003 Revision No. 1 — August 14, 2003 Page 2 WHEREAS, a Restrictive Covenant was previously recorded affecting such property which is inconsistent with the development plan proposed by Centex Homes; and WHEREAS, the Restrictive Covenant, by its express terms, was imposed on the Property "as an inducement to and in consideration of the City of Tamarac, Florida, rezoning" the Property; and WHEREAS, Centex Homes has requested that the City of Tamarac agree to release such restrictive covenant, subject to certain conditions per the attached agreement entitled, "Agreement for Release of Restrictive Covenant" (attached hereto as Exhibit 1 "); and WHEREAS, the parties desiring to enter into the subject Agreement shall comply with all conditions as related to the development of the Property as permitted by the City of Tamarac's Comprehensive Land Use Plan and in accordance with the City of Tamarac's Code of Ordinances; and WHEREAS, the Director of Community Development recommends approval; 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 authorize the appropriate City Officials to approve and execute an agreement entitled, "Agreement for Release of Restrictive Covenant" between the City of Tamarac and Centex Homes, a Nevada general partnership, in order to accommodate the future development of the property generally located north of NW 57t" Street at NW 91 ST Avenue, specifically Parcel "P" of the "Lyons Industrial Park" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 1 of the Public Records of Broward County, Florida. 1 1 1 Temp Reso #10219 — August 7, 2003 Revision No. 1 — August 14, 2003 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 correct and are hereby made a specific part of this Resolution. SECTION 2: That the appropriate City Officials are hereby authorized to execute the "Agreement for the Release of Restrictive Covenant" between the City of Tamarac and Centex Homes, a Nevada general partnership, in order to accommodate the proposed "Centex Project" residential development. 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. SECTION 5: adoption. Temp Reso #10219 — August 7, 2003 Revision No. 1 -- August 14, 2003 Page 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this 27th day of August, 2003. r JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: )h4� idi'j, MARION SWEN ON, CMC MAYOR SCHREIBER CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TALABISC DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS I HEREBY CERTIFY that I have approved this RESOLUTION as to form. com mdev\u:\pats\userdata\wpdata\res\10219reso 1 1 1 EXHIBIT 101" TEMP RESO #10219 AGREEMENT FOR RELEASE OF RESTRICTIVE COVENANT This AGREEMENT FOR ,,RELEASX OF RESTRICTIVE ,COVENANT (the "Agreement") is entered into this q� day of , 2003 (the "Effective Date"), by and between the CITY OF TAMARAC, a m"unicVpal corporation of the State of Florida (the "City"), and CENTEX HOMES, a Nevada general partnership, its successors and assigns ("Centex"). RECITALS: WHEREAS, Centex is the fee title owner of that certain real property described in Exhibit "A" attached hereto, situate in the City of Tamarac, Broward County, Florida (the "Property"); and WHEREAS, TICON, Inc., a Florida corporation, executed and recorded that certain Restrictive Covenant dated July 25, 1984, and recorded at O. R. Book 11960, Page 936, Public Records of Broward County, Florida ("Covenant"), purporting to impose certain restrictions on the use of the Property; and WHEREAS, the Covenant, by its express terms, was imposed on the Property "as an inducement to and in consideration of the City of Tamarac, Florida, rezoning" the Property; and WHEREAS, development of the Property in accordance with the Covenant and existing zoning pattern on the Property would result in a fractured and undesirable development scheme; and WHEREAS, Centex proposes to develop the Property for up to 536 residential units, as permitted by the City's Land Use Plan, in accordance with an overall development plan that will provide for a cohesive site design, which is preferred by the City (the "Centex Project"); and WHEREAS, in order to facilitate this cohesive site design, Centex intends to execute and record in the Public Records of Broward County, Florida, following its acquisition of the Property, an appropriate document that cancels, releases and terminates the Covenant; and WHEREAS, Centex has requested the City to join in and execute such cancellation, release and termination of the Covenant, and the City is agreeable to such request subject to the conditions stated herein; and WHEREAS, Centex understands and agrees that, in order to construct Centex Project on the Property, Centex must file all appropriate applications and documents as required by the City's Code of Ordinances and that each application shall be reviewed by the City as appropriate under the City's Code, rules and regulations, and that nothing in this Agreement shall be interpreted as binding the City to grant or approve applications or to otherwise exercise its legislative or quasi-judicial power in any particular manner; NOW, THEREFORE, in consideration of the mutual covenants and obligations created hereby as well as other good and valuable consideration, the City and Centex agree as follows: Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Release of Covenant. Within ten (10) business days following the City's receipt from Centex of an original copy of a Release of Covenant in substantially the form attached hereto as Exhibit "B" (the "Release of Covenant"), which has been executed by Centex, the City shall join in, execute and deliver the Release of Covenant to :Escrow Agent (as hereinafter defined). Upon delivery of the Release of Covenant to Centex as provided in Paragraph 4A below, Centex may record the Release of Covenant in the Public Records of Broward County, Florida; and Centex shall pay all costs, including recording fees, related thereto. 3. Park Parcel. A. Within ten (10) days following the Effective Date, Centex shall execute and deliver to Escrow Agent a Special Warranty Deed in substantially the form attached hereto as Exhibit "C" (the "Deed"), conveying to the City fee simple title to that portion of the Property described therein (the "Park Parcel"), free and clear of all liens and encumbrances (other than as stated in the Deed). Centex shall simultaneously deliver to the City a copy of the Deed and a title insurance commitment issued by a title insurance company authorized to conduct business in the State of Florida agreeing to insure the City's title to the Park Parcel following recording of the Deed as provided herein. Upon delivery of the Deed to the City as provided in Paragraph 4A below, the City may record the Deed in the Public Records of Broward County, Florida; and Centex shall pay all costs, including recording fees and the title insurance premium, related to such conveyance. B. Centex also agrees that, subject to obtaining the Governmental Approvals (as hereinafter defined), it shall, at its expense, obtain all necessary governmental permits and perform the following improvements to the Park Parcel (the "Park Parcel Improvements"): (i) clear, demuck and backfill the Park Parcel with clean fill to a uniform minimum elevation of 11.0 feet ( +/- .2 feet) N.G.V.D. not later than February 1, 2005, or within 160 days following issuance of all governmental permits relating to this activity; (ii) install a sanitary sewer lift station on the Property (but not on the Park Parcel) with sufficient capacity to serve the Park Parcel and the Centex Project, install stub -outs for potable water and sanitary sewer at the boundary of the Park Parcel which connect to the potable water and sanitary sewer system serving the Centex Project, and reserve sufficient hydraulic capacity in the potable water and sanitary sewer mains serving the Centex Project to serve the Park Parcel (provided Centex shall not be responsible for payment of any connection charges or plant capacity reservation fees for the Park Parcel); and (iii) install a culvert connection between the Park Parcel and the stormwater management system serving the Centex Project, and reserve sufficient capacity in such stormwater management system to accommodate surface water drainage from the Park Parcel. Centex shall install the Park Parcel Improvements described in items (ii) and (iii) not later than August 1, 2005, or 180 days following completion of the Park Parcel Improvements described in item (i) above, but in no event later than the issuance of the first certificate of occupancy for the Centex Project. C. The City also agrees that the dedication of the Park Parcel to the City and the installation of the Park Parcel Improvements as described herein shall satisfy the City's park 2 dedication requirement for the proposed development of the Property for 536 residential units as set forth in Section 10-296 of the City Code. The value of the Park Parcel, for purposes of this Agreement, shall be based on the park dedication requirement for the Centex Project as set forth in Section 10-296. D. The City hereby grants permission and license to Centex to enter upon the Park Parcel following its conveyance to the City in order to perform the Park Parcel Improvements. The City and Centex also agree that, following completion of the Park Parcel Improvements and the infrastructure improvements serving the Centex Project, the City and Centex shall grant to each other non-exclusive, perpetual easements on, under, across and through their respective properties at the appropriate locations, which are necessary for the other party's use of the water, sewer, and drainage improvements serving the Centex Project and the Park Parcel. Within sixty (60) days following execution of this Agreement by the City and Centex, the proposed form of such easements shall be prepared by Centex and submitted to the City for review and approval, such approval not to be unreasonably withheld or delayed. The descriptions of the easement locations shall be prepared by a licensed surveyor at the expense of Centex following the completion of the Park Parcel Improvements and the infrastructure improvements serving the Centex Project. E. The City agrees to cooperate with Centex in obtaining all required governmental permits to complete the Park Parcel Improvements, including joining in any and all applications and other documents necessary to obtain such permits in the event such joinder is required by the governmental agencies having jurisdiction, provided such cooperation shall be at no expense to City. If, during the construction of the Centex Project and the installation of the Park Parcel Improvements by Centex, or the installation of other improvements on the Park Parcel by the City, the City or Centex cause a permit violation to occur which adversely affects the other party, then, following ten (10) days written notice to the offending party, during which 10-day period the permit violation is not cured, the non -offending party shall have the right to take all appropriate measures, including, but not limited to, entering upon the offending party's property, to cure such permit violation. The costs of such cure incurred by the non -offending party shall be paid by the offending party within ten (10) days following receipt of an invoice for such costs from the non - offending party. 4. Escrow. A. The original, fully executed Deed and Release of Covenant shall be held in escrow (the "Escrow") by the Escrow Agent (as hereinafter defined). Upon the occurrence of the Escrow Termination Events (as hereinafter defined), the Escrow shall terminate and Escrow Agent shall deliver (i) the original, fully executed Deed to the City; and (ii) the original, fully executed Release of Covenant to Centex. Escrow Agent shall deliver the Deed and Release of Covenant as provided herein not sooner than three (3) business days, nor later than ten (10) business days following Escrow Agent's receipt of written notice from Centex, with a copy to the City, informing Escrow Agent that the Escrow Termination Events have occurred (the "Escrow Termination Notice"); provided, however, that, in the event Escrow Agent receives a written objection to termination of the Escrow from the City within five (5) business days following Escrow Agent's receipt of the Escrow Termination Notice, then the Escrow shall not be 41 terminated and Escrow Agent shall not deliver the Deed and Release of Covenant as stated herein until City and Centex jointly provide further written direction to the Escrow Agent or until directed otherwise by a court of competent jurisdiction. B. The Escrow shall be terminated upon the occurrence of all of the following events (the "Escrow Termination Events"): (1) Conveyance of fee simple title to the Property to Centex; (2) Final approval by the City Commission of a (i) rezoning of the Property to R-3, or other zoning district requested by Centex; (ii) special exception allowing the construction of multiple buildings on the Property; and (iii) a site plan of the Property allowing the development of the Property for the number and type of residential units requested by Centex, provided that no more than 536 residential units may be constructed on the Property (the "Governmental Approvals"). The City and Centex agree that the residential density allocated to the Park Parcel by the City's Land Use Plan may be utilized by Centex for the Centex Project and that the Deed shall contain a restrictive covenant limiting the use of the Park Parcel for municipal facilities, recreational and/or park facilities, swimming facilities, and associated buildings (concession stands, restrooms, showers, etc.) and administrative offices. The City and Centex further agree that no re -platting of the Property or subdivision approval is required by current governmental regulations in order to develop the Property or subdivide the Property into lots or condominium units. For purposes of this Paragraph 4B, the Governmental Approvals shall be deemed final when all applicable appeal periods have expired without any appeal having been filed. C. The parties have agreed to appoint Holland & Knight LLP to act as Escrow Agent under the terms of this Agreement. In the event of any dispute between the parties as to the disposition of the Deed or Release of Covenant, Escrow Agent shall have the right to interplead the City and Centex and thereupon be freed from further liability to either or both parties. The non -prevailing party in such litigation shall pay reasonable expenses incurred by Escrow Agent in connection therewith. Except for its grossly negligent or willful acts, Escrow Agent shall be excused from all liability associated with its duties as Escrow Agent hereunder. City acknowledges that Escrow Agent has acted and is continuing to act as counsel to Centex in connection with the Centex Project and this Agreement and City has no objection thereto. 5. Applications for Governmental Approvals. Centex agrees to file all appropriate applications to obtain the Governmental Approvals, at Centex's expense. City agrees to process the applications as expeditiously as possible, provided that Centex understands and agrees that nothing contained in this Agreement binds the City to grant any of the Governmental Approvals or to otherwise exercise its legislative or quasi-judicial power in any particular manner. 6. Duration of A eement. This Agreement shall be cancelled and of no further force or effect in the event the Escrow Termination Events have not occurred on or before one hundred eighty (180) days following the date of this Agreement, unless such time period is extended by an amendment to this Agreement executed by the City and Centex. In the event this Agreement is B cancelled pursuant to this Paragraph 6, Escrow Agent shall return the original, executed Deed to Centex and the original, executed Release of Covenant to City. 7. Notice. All notices, request, consents, instructions, and communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand -delivered by messenger or nationally recognized overnight courier service, transmitted with confirmed answer back by telex, telegraph or telecopier, or mailed (air mail if international) by registered or certified mail (postage prepaid), return receipt requested, and addressed to each party at their respective addresses as set forth below or to such other addresses any party may designate by notice complying with the terms of this Paragraph 7. If to City: City Manager City of Tamarac 7525 N.W. 88 h Avenue Tamarac, FL 33321 Telephone No. (954) 724-1230 Fax No. (954) 724-1212 Copy to: City Attorney City of Tamarac 7525 N.W. 88`h Avenue Tamarac, FL 33321 Telephone No. (954) 724-1240 Fax No. (954) 724-1370 If to Centex: Centex Homes, Southeast Florida Division Attn: Michael J. Nisenbaum 8198 Jog Road, Suite 200 Boynton Beach, FL 33437 Telephone No. (561) 536-1031 Fax No. (561) 536-1060 Copy to: Holland & Knight LLP Attn: Gerald L. Knight One East Broward Boulevard, Suite 1300 Fort Lauderdale, FL 33301 Telephone No. (954) 525-1000 Fax No. (954) 463-2030 Each such notice, request, or other communication shall be considered given and shall be deemed delivered (a) on the date delivered if by personal delivery or courier service; (b) on the date of transmission with confirmed answer back if by telex or telegraph or telecopier if transmitted before 5:00 p.m. on a business day, and on the next business day if transmitted after 5:00 p.m. or on a non - business day; or (c) on the date on which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 61 8. Persons Bound. The benefits and obligations of this Agreement shall inure to and bind the respective successors, successors -in -title, and assigns of the parties hereto. 9. Miscellaneous. A. Counterparts and Facsimile -Signatures. This Agreement may be executed in any number of counterparts, each of which shall be considered an original and all of which taken together shall constitute one and the same agreement. The parties agree and intend that a signature by facsimile machine shall bind the party so signing with the same effect as though the signature were an original. B. Governing Law; Venue. This Agreement shall be governed by Florida law. No amendments to this Agreement shall be effective unless signed by both parties and in writing. Venue for any legal proceedings shall be in Broward County, Florida. C. Complete Agreement. This Agreement evidences the complete understanding of the parties hereto as respects the matters addressed herein. No agreement or representation, unless set forth in this Agreement, shall bind either of the parties hereto. D. Partial Invalidity. In the event that any paragraph or portion of this Agreement is determined to be unconstitutional, unenforceable or invalid, such paragraph or portion of this Agreement shall be stricken from and construed for all purposed not to constitute a part of this Agreement, and the remaining portion of this Agreement shall remain in full force and effect and shall, for all purposes, constitute the entire agreement. E. Construction of Agreement. All parties hereto acknowledge that they have had the benefit of independent counsel with regard to this Agreement and that this Agreement has been prepared as a result of the joint efforts of all parties and their respective counsel. Accordingly, all parties agree that the provisions of this Agreement shall not be construed or interpreted for or against any party hereto based upon authorship. F. Waiver of Breach. The failure of any party hereto to enforce any provisions of this Agreement shall not be construed to be a waiver of such or any other provision, nor in any way to affect the validity of all or any part of this Agreement, or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. G. Time. Time is of the essence of this Agreement. 10. Recordation. This Agreement shall be recorded in the Public Records of Broward County, Florida, at Centex's expense. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: CITY CITY OF TAMARAC .'i Joe Schreiber Mayor Date: Z 0?7/0--f ATTEST: By: Je ey . Miller B17: _____ ' City Manager Marion Sv,e son, CMC City Clerk Date: _ �7 12003 Approved as Mitchell S. I t, City Attorney 7 print c' print��'ti7�� STATE OF FLORIDA ) COUNTY OFI ) CENTEX CENTEX HOMES, a Nevada general partnership, authorized to do business in Florida, By: Centex Real Estate Corporation, a Nevada corporation, Managing General Partner, authorized to do business in Florida. David Abrams Division President Date: v 3 , 2003 'I'hc 1foregoing instrument was acknowledged before me this day of uS+ _, 2003, by David Abrams, as Division President of Centex. Real Estate Corpor ion, Managing General Partner of Centex Homes, a Nevada general partnership, on behalf of said corporation. He is personally known to nee or has produced as identification and did/di not take an oath. NOTAR PUBLIC: signS O Q ERIKA T, i5ON� print 1 N Ead�• r is+ch 17. 2UCK 1) T, `' State of Florida at Large (Seal) �'a' •Nd�r F3cnded Tr;,:ti'o�;u��Fubii�:. '.;•�ti�ev: die.... - TI" My Commission Expires: ESCROW AGENT (for purposes of concurring with the provisions of Paragraph 4 only): sign print FTL1 #624787 v6 8 Exhibit "A" Description of Property Parcel P, Lyons Industrial Park, according to the plat thereof, recorded at Plat Book 71, Page 1, Public Records of Broward County, Florida 9 Prepared by and return to: Gerald L. Knight, Esq. Holland & Knight LLP One E. Broward Blvd., #1300 Fort Lauderdale, FL 33301 Exhibit "B" Release of Covenant III] SIR **11110IC911l,/ LIVILIMMU" THIS RELEASE OF RESTRICTIVE COVENANT is entered into this day of , 2003, by Centex Homes, a Nevada general partnership ("Owner"), WITNESSETH: WHEREAS, Owner holds fee simple title to certain real property located in Broward County, Florida, which property is legally described in Exhibit "A" attached hereto ("Property"); and WHEREAS, the Property is the purportedly subject to that certain Restrictive Covenant dated July 25, 1984, recorded at Official Records Book 11960, Page 936, Public Records of Broward County, Florida ("Restrictive Covenant"); and WHEREAS, Owner is desirous of releasing and canceling the Restrictive Covenant so that the Restrictive Covenant is no longer applicable to the Property; and WHEREAS, Owner has requested the City of Tamarac, Florida ("City"), to join in and consent to the release and cancellation of the Restrictive Covenant, and the City has agreed to such release and cancellation due to the change in the development plans for the Property proposed by Owner; NOW, THEREFORE, in consideration of the foregoing, the Owner hereby declares and agrees as follows: 1. Recitals. That the above recitals are true and correct and are incorporated herein by reference. [t1] 2. Release and Cancellation of Restrictive Covenants. The Owner hereby declares and states that the Property shall henceforth not be subject to the conditions, covenants and restrictions set forth in the Restrictive Covenant, and the Restrictive Covenant is hereby terminated, released and cancelled of record. 3. Covenant Running With the Land. This instrument shall constitute a covenant running with the title to the Property and be binding upon the Owner and its successors -in -title. IN WITNESS WHEREOF, the undersigned has executed this Release of Restrictive Covenant this day of 72003. WITNESSES: Centex Homes, a Nevada general sign partnership, authorized to do business in Florida, print By: Centex Real Estate Corporation, a sign Nevada corporation, Managing General Partner, authorized to do business in Florida. print By: Dave Abrams Division President STATE OF FLORIDA ) :ss.. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2003, by Dave Abrams, as Division President of Centex Real Estate Corporation, Managing General Partner of Centex Homes, a Nevada general partnership, on behalf of said partnership. He is personally known to me or has produced as identification and did/did not take an oath. NOTARY PUBLIC: sign print State of Florida at Large (Seal) My Commission Expires: 11 The City of Tamarac, Florida, hereby joins in and consents to the foregoing Release of Restrictive Covenant: ATTEST: CITY OF TAMARAC By: Joe Schreiber Mayor Date: By: Jeffrey L. Miller City Manager Marion Swenson, CMC City Clerk Date: , 2003 Approved as to form: By: 12 Mitchell S. Kraft, City Attorney EXHIBIT "A" Description of Property Parcel P, Lyons Industrial Park, according to the plat thereof, recorded at Plat Book 71, Page 1, Public Records of Broward County, Florida 13 Exhibit "C" Special Warranty Deed Prepared by and return to: Gerald L. Knight, Esq. Holland & Knight LLP One East Broward Boulevard Suite 1300 Fort Lauderdale, FL 33301 Property Appraiser's Tax Identification Number: SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made as of this day of , 2003, by and between CENTEX HOMES, a Nevada general partnership ("Grantor"), whose mailing address is , and CITY OF TAMARAC, a municipal corporation of the State of Florida ("Grantee"), whose mailing address is 7525 N.W. 88"' Avenue, Tamarac, FL 33301. WITNESSETH: That the Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration, receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Broward County, Florida, described as follows: See Exhibit "A" attached hereto (the "Park Parcel") SUBJECT TO: Taxes for the year 2003 and subsequent years; zoning; and restrictions, easements, conditions, covenants, restrictions and limitations of record or common to the subdivision; and IElJ SUBJECT TO: A restrictive covenant in Grantor's favor limiting the use of the Park Parcel for municipal facilities, recreational and/or park facilities, swimming facilities, and associated buildings (concession stands, restrooms, showers, etc.) and administrative offices; and RESERVING unto Grantor, its successors and assigns, a perpetual, non-exclusive easement for emergency vehicular access purposes over, across and through the Park Parcel, provided that, to the extent possible, such access shall utilize only those portions of the Park Parcel occupied by parking areas, drive aisles, driveways, streets and stabilized sub -grades and any extensions thereof necessary to connect to a point of access on Grantor's adjacent lands; and TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has set Grantor's hand and seal the day and year first above written. 1lal.121DI.Y. 10 Print Name: Print Name: CENTEX HOMES, a Nevada general partnership Print: 15 STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this , 2003 by , as of Centex Homes, a Nevada general partnership, on behalf of the partnership appeared before me, is personally known to me or produced identification. Notary Public [NOTARY SEAL] Print Name. - My commission expires: ity day of He personally as EXHIBIT "A" Description of Park Parcel (THIS DESCRIPTION MAY BE AMENDED PRIOR TO RECORDING TO CONFORM TO THE PARK PARCEL DIMENSIONS AS SHOWN ON THE FINAL APPROVED SITE PLAN FOR THE CENTEX PROJECT) 17 CARNAHAN • PROCTOR • GROSS INC. CERTIFICATE OF AUTHORIZATION NO. LB 2936 6101 WESTATLANRG BLVD,, MARGATE, FL 33M PHONE(954)9723650 FAX(B54)072-4178 E-MAIL; margd t8mah0n-prPclpr.mrn EXHIBIT "A„ DESCRIPTION AND SKETCH RECREATION TRACT "LYONS INDUSTRIAL PARK" LEGAL DESCRIPTION A PORTION OF PARCEL P, -LYONS INDUSTRIAL. PARK", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71 AT PAGE 1 OF THE PUBLIC RECORDS OF BROWARO COUNTY, FLORIDA, 13EING MORE PARTICULARLY DESCRIBED OF FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL P; THENCE NORTH 00`01'3T" WEST, ALONG THE WEST LINE OF SAID PARCEL P, A DISTANCE OF 520.39 FEET; THENCE SOUTH 88°59'06" EAST, ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID PARCEL P, A DISTANCE OF 419.70 FEET; THENCE SOUTH 00'01'37' EAST, ALONG A LINE PARALLEL TO SAID WEST LINE OF PARCEL P, A DISTANCE OF 520.39 FEET; THENCE NORTH 88'59'08" WEST, ALONG SAID SOUTH LINE OF PARCEL P, A DISTANCE OF 418.70 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 5,001 ACRES, MORE OR LESS_ NOTES 1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA 1. ICENSED SURVEYOR AND MAPPER. 2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF RECORD. 4, ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS O 1 HERWISE NO CEO. 5, THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH, FOR INFORMATION CONCERNING RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED, 8. THIS IS NOT A SURVEY, ABBREVIATIONS B.C.R. - BROWARD COUNTY RECORDS N.T.S. = NOT TO SCALE O.RB. OFFICIAL RECORD BOON P.8, = PLAT BOOK P,(3 = PAGE PA B. a POINT OF BEGINNING SURVEYOR'S CERTIFICATION I HEREBY CLNTIFY THAT THE DESCRIPTION AND SKFTCFRI I SHOWN HFRFON COMPLIES WT MINIMUM TECHNICAL- STANDARDS FOR SURVEY$ AS CONTAINED IN CHAPTER WG174 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, ANO THAT SAID DESCRIPTION AND SKETqkIS 1 RUEIAND CORRECT TO THE BEST OF MY KNOWLEDGEAND BELIEF. elid/ DONNA C. WEST PROFESSIONAL SURVEYOR AND MAPPER DATE OF LAST FIELD WORK: NOT A SURVEY FLDRDA LICENSE NO. LS 4290 I LYONS INDUSTRIAL PARK I JOB NO,; 3305M 1 OA19: 8-&03 1 SHEET 1 OF 2 SHEETS I j`� (�j�j EXHIBIT "A'T `-" `"v 4 iv TW$ s SKE fCH P J N.w,57TM ST LOCATION MAP N.i.S. 588.59'06"E 418.70- o, v n in a O in 1 fY ,fT PORTION OF PARCEL. P 2 LIONS INOUSTRUL PARK w U r-- 3 P.B. 71. PC. 1, B.C.R. f- O °p O Z In N.W. 58TH ST. P-O.B. S.W. CORNER PARC[L P LYONS NOUSTRIK PARK P N88.59'06-W 418, 0' CANAL REVISE SHAPE OF REC. TRACT 8-0-D3 JM DC■ ADDENDUM F.B. NO. DATE BY CX D JOB NO. 0]OSO4 p1Afi BYt JM SCALE, 1'• 60' RECREATION TRACT LIONS INDUSTRIAL PARK m—, B pC■ DATE, 7.79.03 SHEET 2 OF 2 SHEETS HOLLAND & KNIGIHT LLP Annapolis San Francisco Atlanta Seattle Bethesda Tallahassee Boston Tampa Bradenton Washington, D.C. Chicago' West Palm Beach One East Broward Boulevard, Suite 1300 Fort Lauderdale PO. Box 14070 (ZIP 33302-4070) Jacksonville International Offices: Fort Lauderdale, Florida 33301 Lakeland Caracas" Los Angeles Helsinki 954-525-1000 Miami Mexico City New York Rio de Janeiro FAX 954-463-2030 Northern Virginia Sao Paulo www.hklaw.eom Orlando Tel Aviv"' Portland Tokyo Providence St. Petersburg 'Holland & Knight LLC San Antonio '"Representative Office September 5, 2003 GERALD L. KNIGHT 954-468-7868 gerald.knight@hklaw.com vTA FFnFX Marion Swenson, CMC City Clerk City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 Re: Centex - Lyons Industrial Property Dear Marion: Please find enclosed a copy of the Release of Restrictive Covenant which has been executed by Centex Homes. In accordance with the Agreement for Release of Restrictive Covenant between the City of Tamarac and Centex Homes, dated August 27, 2003, please have the enclosed Release of Restrictive Covenant executed by the City of Tamarac where indicated and return the original executed document to me as soon as possible. Very truly yours, HOLLAND & By: Enclosure FTL1 #636499 v1 GHT Prepared by and return to: Gerald L. Knight, Esq. Holland & Knight LLP One E. Broward Blvd., #1300 Dort Lauderdale, FL 33301 RELEASE OF RESTRICTIVE COVENANT THIS RELEASE OF RESTRICTIVE COVENANT is entered into this 9 '-* day of 'pzr , 2003, by Centex Homes, a Nevada general partnership ("Owner"), WITNESSETH: WHEREAS, Owner holds fee simple title to certain real property located in Broward County, Florida, which property is legally described in Exhibit "A" attached hereto ("Property"); and WHEREAS, the Property is the purportedly subject to that certain Restrictive Covenant dated July 25, 1984, recorded at Official Records Book 11960, Page 936, Public Records of Broward County, Florida ("Restrictive Covenant"); and WHEREAS, Owner is desirous of releasing and canceling the Restrictive Covenant so that the Restrictive Covenant is no longer applicable to the Property; and WHEREAS, Owner has requested the City of Tamarac, Florida ("City"), to join in and consent to the release and cancellation of the Restrictive Covenant, and the City has agreed to such release and cancellation due to the change in the development plans for the Property proposed by Owner; NOW, THEREFORE, in consideration of the foregoing, the Owner hereby declares and agrees as follows: Recitals. That the above recitals are true and correct and are incorporated herein by reference. 2. Release and Cancellation of Restrictive Covenants. The Owner hereby declares and states that the Property shall henceforth not be subject to the conditions, covenants and restrictions set forth in the Restrictive Covenant, and the Restrictive Covenant is hereby terminated, released and cancelled of record. 3. Covenant Runnin ~ With the Land. This instrument shall constitute a covenant running with the title to the Property and be binding upon the Owner and its successors -in -title. IN WFTESS WHEREOF, the undersigned has executed this Release of Restrictive Covenant this day of "7e`ip , 2003. WITNE E Centex Homes, a Nevada general sign ----partnership, authorized to do business in Florida. print �k11- 1. 01e45AM sign print 1 � STATE OF FLORIDA ) :ss.. COUNTY OFF-�) By: Centex Real Estate Corporation, a Nevada corporation, Managing General Partner, authorized to do business in Florida. By: Dave Abrams Division President The foregoing instrument was acknowledged before me this + day of 2003, by Dave Abrams, as Division President of Centex Real Estate Corporation, Managing General Partner of Centex Homes, a Nevada general partnership, on behalf of said partnership. He is personally known tg me or has produced as identification and did/did not take an oath. NOTARY U LICJA � `+,.,, .T.....�" TCIiERIKA 1SON Sign _.. 'T MY CDMMISSION # DID 073152 .: ` _- 2nor, print 3Na.d EXPIRES: March 17, uonded ihru Notary Public Undenvnlam State of Florida at Large (Seal) My Commission Expires: t CL6%_ 1 1 2n0� 2 The City of Tamarac, Florida, hereby joins in and consents to the foregoing Release of Restrictive Covenant: ATTEST: 1 By: Marion Swenson, CMC City Clerk FTL1 #636095 v1 3 CITY OF TAMARAC By, l4��- oe Schreiber Mayor By: ,-. JcfKly LA'filler City Manager Date: 9 1 �fl O � 72003 City Attorney EXHIBIT "A" Description of Property Parcel P, Lyons Industrial Park, according to the plat thereof, recorded at Plat Book 71, Page 1, Public Records of Broward County, Florida HOLLAND & KNIGHT Annapolis San Francisco LLP Atlanta Seattle Bethesda Tallahassee Boston Tampa Bradenton Washington, D.C. One East Broward Boulevard, Suite 1300 Chicago" West Palm Beach Fort Lauderdale P.O. Box 14070 (ZIP 33302-4070) Jacksonville International Offices: Fort Lauderdale, Florida 33301 Lakeland Caracas" Los Angeles Helsinki 954 525 1 D00 Miami Mexico City 954-463-2030 Fax New York Rio de Janeiro Northern Virginia SAO Paulo www.hklaw.com Orlando Tel Aviv" Portland Tokyo Providence St. Petersburg "Holland & Knight LLC San Antonio —Representative Office January 14, 2004 GERALD L. KNIGHT 954-468-7868 gknightChklaw.com VIA FEDERAL EXPRESS C: Mitchell S. Kraft, Esq. City Attorney City of TamaracLn 7525 NW 88 Avenue - Tamarac, FL 33321 7 Re: Lyons Industrial Park C7 -_< Dear Mitch: In connection with the above -referenced matter, enclosed please find the following: 1. Original recorded Special Warranty Deed between Centex Homes and the City of Tamarac, recorded in O.R. Book 36751, Page 1834, and 2. Copy of recorded Release of Restrictive Covenant by Centex Homes, recorded in O.R. Book 36751, Page 1830. If you have any questions, please give me a call. Very truly yours, HOLLAND KNIGHT LLP By: GE"AA.0 L. KNI T Enclosures j Mitchell S. Kraft, Esq. January 14, 2004 Page 2 cc: Chris King (w/encls.) Michael Nissenbaum (w/original Release of Restrictive Covenant and copy of recorded Deed) — Via Federal Express # 1519898 vl Prepared by and return to: Gerald L. Knight, Esq. Holland & Knight LL1' One Cast Broward Boulevard Suite 1300 Fort Lauderdale, FL 33301 INSTR # 103648550 OR SK 36751 Pages 1834 - 1837 RECORDED 0114/04132453 BROWARD COUNTY COMMISSION DOC STMP-D' $0.70 DEPUTY CLERK 1034 #2,4 Pages Property Appraiser's Tax Identification Number: .4.941 08 03 0290 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made as of this 4"' day of September, 2003, by and between CENTEX HOMES, a Nevada general partnership ("Grantor"), whose mailing address is 8198 .log Road, Suite 200, Boynton Beach, FL 33437 and CITY OF TAMARAC, a municipal corporation of the State of Florida ("Grantee"), whose mailing address is 7525 N.W. 88`I' Avenue, Tamarac, FL 33321. WITNESSETH: That the Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration, receipt of which is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Broward County, Florida, described as follows: See Exhibit "A" attached hereto (the "Park Parcel") SUBJECT TO: 'faxes for the year 2003 and subsequent years; Zoning; and restrictions, easements, conditions, covenants, restrictions and limitations of record or common to the subdivision; and SUBJECT TO: A restrictive covenant in Grantor's favor limiting the use of the Park Parcel for municipal facilities, recreational and/or park facilities, swimming facilities. and associated buildings (concession stands, restrooms, showers, etc.) and administrative offices; and RESERVING unto Grantor, its successors and assigns, a perpetual, non-exclusive casement for emergency vehicular access purposes over, across and through the Park . , . Parcel, provided that, to the extent possible, such access shall utilize only those portions of the Park Parcel occupied by parking areas, drive aisles, driveways, streets and stabilized sub -grades and any extensions thereof necessary to connect to a point of access on Grantor's adjacent lands; and TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has set Grantor's hand and seal the day and year first above written. CENTEX HOMES, a Nevada general partnership By: Print: NNe XFVAH(S STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me this day of 2003 by V 1 , as Vs . A of Centex Homes, a Nevada general partnership, on behalf of the partnership. He pers appeared before me, is personally known to rr�e or pro as identification. r Notary Public [NOTARY SEAL] Print Name: & ta,, 1u i1� a TsCr"'' SI� �OIrCk i "jKI)E pires:M EXPiRE& March 17, 2006 _. N" �F rir :�°e`?• 8on'lai ThiU Notary' Fuhllc Underwriter, FTLI #636046 V I. 2 CARNAHAN • PROCTOR • CROSS INC. �7 CERTIFICATE OF AUTHORIZATION NO. LB 2936 6101 WEST ATLANTiC BLVD.. MARGATE, FL 33063 PHONE (954)972-3959 FAX (954)972.4178 E-MNL: margate@camahan-proctor.corn EXHIBIT "A" DESCRIPTION AND SKETCH RECREATION TRACT "LYONS INDUSTRIAL PARK" LEGAL DESCRIPTION A PORTION OF PARCEL P, "LYONS INDUSTRIAL PARK", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 71 AT PAGE 1 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED OF FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL P; THENCE NORTH 00"01'37" WEST, ALONG THE WEST LINE OF SAID PARCEL P, A DISTANCE OF 520,39 FEET; THENCE SOUTH 88°59'06" EAST, ALONG A LINE PARALLEL TO THE SOUTH LINE OF SAID PARCEL P, A DISTANCE OF 418.70 FEET; THENCE SOUTH 00°01'37" EAST, ALONG A LINE PARALLEL TO SAID WEST LINE OF PARCEL P, A DISTANCE OF 520.39 FEET; THENCE NORTH 88°59'06" WEST, ALONG SAID SOUTH LINE OF PARCEL P, A DISTANCE OF 418.70 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF TAMARAC, BROWARD COUNTY, FLORIDA, AND CONTAIN 5.001 ACRES, MORE OR LESS. NOTES 1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC., AND SHALL NOT BE USED OR REPRODUCED IN WHOLE OR IN PART WITHOUT WRITTEN AUTHORIZATION. 3. THE LANDS SHOWN HEREON ARE SUBJECT TO ALL EASEMENTS, RESERVATIONS, RIGHTS -OF -WAY, AND RESTRICTIONS OF RECORD. 4. ALL EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED, 5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS -OF -WAY, EASEMENTS, RESERVATIONS, AND OTHER SIMILAR MATTERS OF PUBLIC RECORD, AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED. 6. THIS IS NOT A SURVEY, ABBREVIATIONS B.C.R. = BROWARD COUNTY RECORDS N.T.S. = NOT TO SCALE O.R.B. = OFFICIAL RECORD BOOK P.B. = PLAT BOOK P.G. = PAGE P.O.B. = POINT OF 13EGINNING SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS FOR SURVEYS AS CONTAINED IN CHAPTER 61G17$, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027. FLORIDA STATUTES, AND THAT SAID DESCRIPTION AND SKETChQS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. PROFESSIONAL SURVEYOR AND MAPPER DATE OF LAST FIELD WORK: NOT A SURVEY FLORIDA LICENSE NO. LS 4200 LYONS INDUSTRIAL PARK I JOB NO.; 030609 I DATE: 8-8-03 SHEET 1 OF 2 SHEETS No Text V Prepared by and return to: Gerald L. Knight, Esq. Holland & Knight LLP One E. Broward Blvd., #1300 Dort Lauderdale, FL 33301 RELEASE OF RESTRICTIVE COVENANT INSTR # 103648549 OR 8K 36751 Pages 1830 - 1833 RECORDED 01/14/04 13:24:53 BROWARD COUNTY COMMISSION DEPUTY CLERK 1034 #1, 4 Pages THIS RELEASE OF RESTRICTIVE COVENANT is entered into this �J day of Sep--m b er~ , 2003, by Centex Homes, a Nevada general partnership ("Owner"), WITNESSETH: WHEREAS, Owner holds fee simple title to certain real property located in Broward County, Florida, which property is legally described in Exhibit "A" attached hereto ("Property"); and WHEREAS, the Property is the purportedly subject to that certain Restrictive Covenant dated July 25, 1984, recorded at Official Records Book 11960, Page 936, Public Records of Broward County, Florida ("Restrictive Covenant"); and WHEREAS, Owner is desirous of releasing and canceling the Restrictive Covenant so that the Restrictive Covenant is no longer applicable to the Property; and WHEREAS, Owner has requested the City of Tamarac, Florida ("City"), to join in and consent to the release and cancellation of the Restrictive Covenant, and the City has agreed to such release and cancellation due to the change in the development plans for the Property proposed by Owner; NOW, THEREFORE, in consideration of the foregoing, the Owner hereby declares and agrees as follows: 1. Recitals. That the above recitals are true and correct and are incorporated herein by reference. 2. Release and Cancellation of Restrictive Covenants. The Owner hereby declares and states that the Property shall henceforth not be subject to the conditions, covenants and restrictions set forth in the Restrictive Covenant, and the Restrictive Covenant is hereby terminated, released and cancelled of record_ It 3. Covenant Runniniz With the Land. This instrument shall constitute a covenant running with the title to the Property and be binding upon the Owner and its successors -in -title. IN WITNESS WHEREOF, the undersigned has executed this Release of Restrictive Covenant this It day of I?eVTWP-'(, , 2003. sign print sign print I 1� Centex Homes, a Nevada general �-partnership, authorized to do business in Florida, Nk& rhi STATE OF FLORIDA ) : ss.: COUNTY OF?. BeoLk ) By: Centex Real Estate Corporation, a Nevada corporation, Managing General Partner, authorized to do business in Florida. By: Dave Abrams Division President The foregoing instrument was acknowledged before me this —+— day of 2003, by Dave Abrams, as Division President of Centex Real Estate Corporation, Managing General Partner of Centex Homes, a Nevada general partnership, on behalf of said partnership. He is personally know e or has produced as identification and did/did not take an oath. NOTARY LIC: sign ; ERIKA ETCHISON p� - ' `;Y MY COMMISSION # DD 073152 �- p'rn'�;. EXPIRES'. March 17, 2006 print 1 t S 13u �`• ift omded Thru Notary Publ c Undemnlem State of Florida at Large (Seal) My Commission Expires: HcLK).,_ 0) The City of Tamarac, Florida, hereby joins in and consents to the foregoing Release of Restrictive Covenant: ATTEST: By: Marion Swuon, CMC City Clerk FTL] #636095 v1 3 CITY OF TAMARAC By: oe Schreiber Mayor By: f-1 Jef y L. iller City Manager Date: 9 1 9� 0 , 2003 City Attorney I mu RNUTRTT "A" Description of Property Parcel P, Lyons Industrial Park, according to the plat thereof, recorded at Plat Book 71, Page 1, Public Records of Broward County, Florida