HomeMy WebLinkAboutR-2002-087 RESOLUTION NO. 2002 - 087
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
A REQUEST SUBMITTED BY GARY POSNERI OWNER, TREASURE COVE
ASSOCIATES, LTD, FOR PROPERTY LOCATED AT SW 45TH STREET AND SW
27T"AVENUE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Dania Beach Code of Ordinances, Chapter 28, Article 29 Pervious
and Impervious area requirements - variance to allow approximately 39% pervious area (40%
pervious area required) in order to construct screen enclosed wood decks in the rear yards of
townhouses; and
WHEREAS, the City of Dania Beach Code of Ordinances, Chapter 28, Article 26, Section
26.10 -Variance to allow 10 foot rear yard setback (15 feet required) in order to construct screen
enclosed wood decks in the rear yards along the west lot line; and
WHEREAS, the City of Dania Beach Code of Ordinances, Chapter 28, Article 28, Section
28.095 Residential multi-unit complexes or communities.Variance to allow a second entryway sign
4 feet high, 6 square feet in area at the entrance to the complex on SW 45" Street; and
WHEREAS, the Planning & Zoning Board on May 15, 2002, recommended that the City
Commission grant variance request VA-13-02 based upon the criteria set forth in Chapter 28,
Zoning, of the Code of Ordinances of the City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-13-02, for a variance as described above (from
requirements in Chapter 28 Zoning), a copy of which is attached as Exhibit"A" is approved, subject
to the following:
1) Installation of screen wall as indicated on the current site plan subject to the following: Wall to
be setback at least three feet from the sidewalk to allow the planting of a hedge; adding "contrast
color" banding on the exterior of the wall; hedge and wall completion date to be established by the
a
City Commission. Completion of 6 foot wall within six months from this approval.
VA-13-02 Treasure Cove 1 Resolution 2002-087
2) The following landscape conditions:
a) Irrigation Note for 100% overlap coverage, rain sensor, and to minimize the application of
water to impervious areas.
b) Field adjustment of trees subject to Fire-Rescue Requirements.
c) Show wall on landscape plan.
d) NOTE ON PLAN: Form footer required for wall adjacent to existing Oak trees.
e) Add one callophylum tree at the southwest corner of unit 50.
3) A finding by the Public Works/Utilities Director that the proposed wood decks will not create or
add to drainage problems on adjacent properties.
4) Developer shall be allowed to install a second monument sign at the project entrance with a
height of four feet and six square feet in area.
Section 2 . That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its passage
• and adoption.
PASSED AND ADOPTED THIS DAY OF 11T" DAY OF JUNE, 2002 .
OB RT H. CHUN , JR.
MAYO — COMMISSIONER
AT EST: ROLL CALL:
COMMISSIONER BERTINO - YES
COMMISSIONER MCELYEA - YES
CHARLENE JO SON COMMISSIONER MIKES - YES
CITY CLERK VICE-MAYOR FLURY - YES
MAYOR CHUNN - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
T
THOMAS J. ANSBRO
CITY ATTORNEY
VA-13-02 Treasure Cove 2 Resolution 2002-087
EXHIBIT "A"
LEGAL DESCRIPTION
LEGALLY DESCRIBED AS PARCEL "A", TREASURE COVE, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 168, PAGE 36 OF THE PUBLIC RECORDS OF
BROWARD COUNTY, FLORIDA. TOGETHER WITH: A PORTION OF LOT 3, BLOCK 3, THE
MARSHALL EVERGLADES LAND CO., IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42
EAST, AS RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY MOST
SOUTHWEST CORNER OF PARCEL A, TREASURE COVE, AS RECORDED IN PLAT BOOK
168, PAGE 36 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; THENCE
WEST ALONG THE NORTH RIGHT OF WAY LINE OF SW 45TH STREET, A DISTANCE OF
24.91 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 28 SECONDS WEST, A DISTANCE
OF 100,00 FEET TO A SOUTH BOUNDARY OF SAID PARCEL A;THENCE EAST ALONG SAID
SOUTH BOUNDARY, A DISTANCE OF 24.98 FEET TO A WEST BOUNDARY OF PARCEL A;
THENCE SOUTH ALONG SAID WEST BOUNDARY,A DISTANCE OF 100 FEET TO THE POINT
OF BEGINNING SAID LANDS SITUATE IN BROWARD COUNTY, FLORIDA AND CONTAINING
313,012 SQUARE FEET (7.186 ACRES MORE OR LESS).
•
VA-13-02 Treasure Cove 3 Resolution 2002-087
f
N NUMBER: I ate warn
APPLICATION
CITY OF DANIA BEACH W AP 20 0 2
04 100 WEST DANIA BEACH BLVD.
DANIA BEACH, FL 33004
(954) 924-3645
APPLICATION FOR VARIANCE
The undersigned petitions the City Commission of the City of Dania Beach, Florida to consider
the variance of the parcel(s) of land described In this application.
NAME OF APPLICANT: Treasure Cove Associates, Ltd. Phone. 926-7705
ADDRESS OF APPLICANT: 126 S. Federal Hwy ., Suite 204 Fax: 926-2061
Dania Beach, FT, 33004
PROPERTY INTEREST OF APPLICANT: Q;,%ei4E)e,,oe4:aper
NAME AND ADDRESS OF PROPERTY OWNER: Treasure Cove Associates, Ltd.
ADDRESS AND LEGAL & FOLIO OF SUBJECT PROPERTY: Treasure Cove Plat, as recorded
in Plat Book 168, pg. 68, B.C.R. Filo #10229 29 001 00
PRESENT ZONING: RM-10 — LOT SIZEIAREA: 7.13 LC.
PRESENT/PROPOSED USE OF PROPERTY: Property is currently under construction
for 48 townhouse units.
DESCRIPTION OF VARIANCF.(S): (LIST THE ZONING CODE SECTION YOU WOULD LIKE THE
VARIANCE FROM AND WHAT IS PROPOSED -PLEASE CONTACT THE ZONING DEPARTMENT
FOR ASSISTANCE WITH THE ZONING REGULATIONS AND ARTICLE NUMBERS):
See exhibit "a" att-arhi;--a
LIST THE NAMES,ADDRESSES AND PHONE NUMBERS OF ANY CONSULTANTS IF ANY(I.E.
ARCHITECT.ATTORNEY):
Edward P. Ploski, AICP Senior Planner
Craven Thompson & Assoc., inc.
3563 NW 53rd St., Ft. Lauderdale, FL PH: 739-2002 FAX: 739-2266
PLEASE COMPLETE THIS PORTION OF THE APPUCA77ON CAREFULLY EACH REQUEST FOR A
VARIANCE MUST STAND ON ITS OWN MERITS WITHOUT REGARD TO ANY OTHER PROPERTY.
The following questions pertain to the criteria upon which the City Commission and Planning and Zoning
Board will consider this application.
1) Describe how special conditions and circumstances exist which are peculiar to the land, structure or
building Involved and which are not applicable to other lands, structures or buildings in the same
• zoning district.
See exhibit "A" attached
FOR USE WHEN APPLICANT IS iIM OWNER OF SUBJECT PROPERTY: THIS IS TO CERTIFY THAT I AM
THE OWNER OF THE SUBJECT LANDS DESCRIBED ABOVE IN THE APPLICATION FOR VARIANCE AND THAT
I HAVE AUTHORIZED 4 P- va� TO MAKE AND FILE T E AFORESAID
APPLICATION.
SIGNAT F PER OWNER
------ ------
STATE OF FLORIDA Print Name: _ =r_ o s
COUNTY OF BROWARD
The forgoing instrument was acknowledged before me on d Ldj1-s ___ 200j by
as[title] �__ for[name of entity]
a Florida Corporation,who is_ personally known to me,or--_produced
as identification. `W' '.,
' q� Nri& A Jqx
My Commission Expires: IDmi: ion#OCTl032Q__ ' = 4�8Mmh ,200210 Y PUBLIC
y"' ii►°' A�AAtIc B 1Q f`n T=
Check list for Planning Dept.: Plan__ Fee___ Survey -___
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: 06/11/02
2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING -VA-13-02
SETBACK/ PERVIOUS AREA VARIANCE REQUEST; REVISED
LANDSCAPE PLAN
3. Commission action being requested: ADOPT RESOLUTION
4. Summary explanation & background:
VARIANCE REQUEST BY GARY POSNER,TREASURE COVE ASSOCIATES
FOR PROPERTY LOCATED AT SW 45TH STREET AND SW 27T"AVENUE.
5. Attached Exhibits and additional backup materials (please list):
Staff Report
Petition from neighbors
Review Sheets from Fire Marshal, Public Works/ Utilities Director
Memo from Director of Utilities/Public Works
Resolution
• Variance Application
Hearing Notices/ Mailing List/ Location Map
Site Plans
6. FOR PURCHASING REQUESTS ONLY:
7. Amount:
Fund: GENERAL: ❑ WATER: ❑ SEWER: ❑ STORMWATER: ❑
Account name: Account
Finance Director Approval: Date:
8. Reviewed and approved for addition on agenda:
PLANNING AND ZONING ADVISORY BOARD APPROVED THIS REQUEST
AT THEIR MAY 15, 2002 REGULAR MEETING.
Submitted by: Date
Laurence G. Leeds, AICP
Growth Management Director June 5, 2002
Administrative Services/Risk Management Date
. Department Director Date
City Manager Date
STAFF REPORT
GROWTH MANAGEMENT DEPARTMENT
TO: Ivan Pato, City Manager
G: G..Zd
FROM: Laurence Leeds, AICP, Director
Growth Management Department
RE: VA-13-02 — Variance request by Gary Posner, owner, Treasure Cove
Associates, LTD, for property located at.SW 45th Street and SW 27th
Avenue (includes revised landscape plan):
a) Variance to allow 39% pervious area (40% previous area
required) in order to construct screen enclosed wood decks in the
rear yards of townhouses.
b) Variance to allow a 10 foot rear yard setback (15 feet required) in
order to construct screen enclosed wood decks in the rear yards
along the west lot line.
c) Variance to allow a second entryway sign measuring 4 feet high, 6
square feet in area, at the entrance to the complex on SW 45th
Street.
DATE: June 11, 2002 City Commission Meeting
The subject parcel is located at the northwest corner of SW 45th Street and SW 271h
Avenue. The subject property is zoned RM-10 and permits the construction of three
story apartment buildings.
The City Commission approved a site plan for 51 two-story townhouse units on this
parcel on January 9, 2001. The site plan was approved with 42% pervious area and a
wood shadowbox fence around the perimeter of the complex. The site plan as
approved by the City Commission complied with all zoning code requirements and no
variances were required.
SCREEN ENCLOSURE SETBACK AND PERVIOUS AREA
The applicant wishes to construct screened-in wood decks behind each townhouse unit.
Installation of a screen enclosure above each wood deck classifies said screened-in
deck as a building addition. As such, the screen enclosures must comply with building
setbacks along the east lot line (SW 27th Avenue), the south lot line (SW 45th Street),
and west lot line (adjacent to existing Treasure Cove homes).
•
Page 1 TREASURE COVE VARIANCE STAFF REPORT CC 6-11-02.doo
The Growth Management Department recommends that wood decks be classified as
impervious areas. As such, in addition to perimeter building setbacks, the applicant is
required to obtain a pervious area variance. Please note that screen enclosed wood
decks can be installed along the north lot line and within the site interior as long as 40%
pervious area is provided.
The applicant initially requested a variance to install 12' x 20' screened-in decks
behind each townhouse unit. This initial request would:
1) Reduce pervious area to 37% (40% required).
2) Reduce rear yard setbacks along SW 27th Avenue and SW 45th Street to 13 feet
(15 feet required).
3) Reduce rear yard setbacks along the west lot line to 8 feet (15 feet required).
The Planning and Zoning Advisory recommended denial of the pervious area reduction.
The applicant has since revised his site plan to show smaller 10' x 16' screened-in
decks behind each townhouse. The smaller screen enclosure:
1) Eliminates the need for setback variances along SW 45th Street and SW 27th
Avenue.
2) Increases pervious area from 37% to 39%.
3) Increases the setback along the west lot line from 8 feet to 10 feet.
® Items 2) and 3) still require variance approval by the City Commission. Some residents
indicate they would support these lesser variances if the developer is willing to
substitute a wall for the approved shadow box perimeter fence (see attached petition).
The latest site plan proposes replacing the wood fence with a wall along SW 27th
Avenue, along SW 45th Street east of the project entrance, and along portions of the
west lot line (The fence would remain adjacent to units 29, 30, and 31 where there is an
existing easement). The applicant has also submitted a revised landscape plan.
MONUMENT SIGN
The sign code allows one monument sign eight feet in height and 14 feet wide with "sign
lettering" width limited to 10 feet. The developer indicates he wishes to construct this
sign at the northwest corner of SW 27th Avenue and SW 45th Street.
The developer has requested a variance to install a second monument sign at the
project entrance. Staff has no objection to a second sign limited to four feet in height,
six square feet in area.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Denial of variance to allow an 8 foot screen enclosure setback along the west lot line
(15 feet required)
Page 2 TREASURE COVE VARIANCE STAFF REPORT CC 6-11-02.doc
Denial of the 37% pervious area variance (40% required).
Approval of sign variance as follows:
pp g
(1) One monument identification sign at the intersection of SW 45th Street and SW 27th
Avenue, maximum five, feet in height feet and maximum 14 feet wide (lettering
width limited to 10 feet).
(2) One small sign at the entrance driveway limited to four feet in height, six square feet
in area.
(3) Four foot setback for both signs.
STAFF RECOMMENDATION
Staff concurs with the P and Z Board sign variance recommendation.
Staff recommends the City Commission obtain the input of the Public Works/Utilities
Director regarding the impact of the pervious area and screen enclosure variances upon
site drainage. This review should also include an evaluation of the proposed wood
decks along SW 45th Street and SW 27th Avenue.
If the Commission chooses to approve either variance, the following conditions should
apply:
(1) Installation of screen wall as indicated on the current site plan subject to the
following: Wall to be setback at least three feet from the sidewalk to allow the
planting of a hedge; adding "contrast color" banding on the exterior of the wall;
hedge and wall completion date to be established by the City Commission.
(2) The following landscape conditions: .
a. Irrigation Note for 100% overlap coverage, rain sensor, and to minimize
the application of water to impervious areas.
b. Field adjustment of trees subject to Fire-Rescue Requirements.
C. Show wall on landscape plan.
d. NOTE ON PLAN: Form footer required for wall adjacent to existing oak
trees.
e., Add one callophylum tree at the southwest corner of unit 50.
(3) A finding by the Public Works/Utilities Director that the proposed wood decks will
not create or add to drainage problems on adjacent properties.
The boat basin site plan will be addressed separately.
Page 3 TREASURE COVE VARIANCE STAFF REPORT CC 6-11-02.doc
MUM YD gr'fes
GREATER FORT LAUDKRDALE•FLPRIVA
Ta From: Dawn Read
Company Event Coordinator
Phone Phone 954-767-0686
Fax { ��ac�' cl,�p �� Cell 954-292-6312
Re:
Date
Urgent!] For Review ❑Please Comment ❑Please Reply 17 Pleases Recycle
e Comments:
If you do not receive all pages, or would like to comment
Please call the Wlnterfest Office at 954-767-0686
THE WINTERFEST CELEBRATION
512 Northeast and Avenue
Fort Lauderdale, Florida 33301
Telephone.,954-767-0686 Fax: 954-767-0665
Email.dawn@winterfestparade.com
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S9902,9Lt7S6
YACHT CLUB AT TREASURE COVE PROJECT
WN EXCHANGE FOR OUR SUPPORT OF VARIANCE CHANGES.. .TREASURE
COVE ASSOCIATES, LTD. WILL PROVIDE A b' HIGH STUCCO CONCRETE
WALL AROUND THIS DEVELOPMENT. WE WANT A WALL!!!!
WE ASK FOR YOUR SUPPORT IN THE VARIANCE REQUESTS.
NAME ADDRESS PHONE
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TREASURE COVE ASSOCIATES, LTD.
May 20, 2002
VIA FAX
Dawn L. Read
In confirmation of our conversation today, we have agreed to the following and will
solicit the support of the neighborhood for our variance requests to the City of Dania
Beach:
As to the agenda of the City's May 15, 2002 meeting:
1. Item 2(a) - our pervious area would be 39%, which is a 1% variance;
2. Item 2(c) - we would need a variance allowance of 10 ft rear yard setback
3. We have agreed to replace the shadowbox fence with a 6 foot high stucco
concrete wall around the property, painted in a neutral color, to coincide
with the flavor of the neighborhood
4. We also agree to what the City is allowing us for signage and will show
you a color rendering when we have that completed.
As I indicated in the beginning, the neighborhood support for the two variances we need
would be greatly appreciated.
Thank you very much.
Very truly yours,
G D. osner
•
126 South Federal Highway, Suite 204, Dania Beach, FL 33004 Tel: 954.926.7705 Fax: 954.926.2061
CITY OF DANIA BEACH
ROUTING SHEET
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954)924-3645 Fax: (954)922-2687
Date: April 5, 2002 Folio#: 50-42-29-29-0010
Project Name: TREASURE COVE Project No. VA-13-02
VIA: MAIL PICKUP IN-HOUSE X
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF
RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.
PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING
SHEET. THANK YOU.
FIRE MARSHAL: Ed Tarmey
❑ UTILITIES DIRECTOR: Bud Palm
❑ LANDSCAPING CONSULTANT: Bill Tesauro
APPROVED AS SUBMITTED: [ ✓ ]
DENIED: [ ]
APPROVED WITH CONDITIONS: [ ]
List conditions:
Signature
1 o4A4M C Y
Print Name
Date
Route Sheet Form.doc
CITY OF DANIA BEACH
ROUTING SHEET
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
Phone: (954)924-3645 Fax: (954)922-2687
Date: April 5, 2002 Folio#: 50-42-29-29-0010
Project Name: TREASURE COVE Project No. VA -13-02
VIA: MAIL PICKUP IN-HOUSE X
PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE
INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF
RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.
PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING
SHEET. THANK YOU.
❑ FIRE MARSHAL: Ed Tarmey
UTILITIES DIRECTOR: Bud Palm
• ❑ LANDSCAPING CONSULTANT: Bill Tesauro
APPROVED AS SUBMITTED: [ ]
DENIED: [ ]
APPROVED WITH CONDITIONS: [ ]
List conditions:
y-
Signatu
D
Print Name
Date
Route Sheet form.doc
9549231109
^!T BY: CITY OF DANIA BEACH; 9549231109; MAY-3-02 3:18PM; PAGE 1 '1
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CITY OF CRANIA BEACH
UTILITIES AND PUBLIC WORKS
MEMORANDUM
DATE: May 3, 2002
TO: Larry Leeds, Director of Growth Management
FROM: Robert (Bud) Palm, Director of Utilities/Public Works
SUBJECT: Wood Patio Decks
I see no reason not to allow the construction of wood patio decks on the back the units, as long as
they is a '14" gap between the planks to allow the rainwater to drain off on to the ground. The wood
ded can be classified as pervious p because they allow the rainwater to drain in to the ground.
SUN - SENTINEL
PUBLISHED DAILY NOTICE OF PUBLIC HEARING .
FORT LAUDERDALE, BROWARD COUNTY, FLORIDA CITY OF DANIA BEACH
NOTICE IS HEREBY GIVEN that a public hearing will be
BOCA RATON, PALM BEACH COUNTY, FLORIDA held before the Dania Beach City Commission on
Tuesday,June 11,2002 at 7:00 pm.;or,as soon there-
MIAMI, MIAMI DADE COUNTY, FLORIDA after as possible,in the City commission Room,Ad-
ministrative Center,100 West Dania Beach Blvd.,Da-
nia Beach,Florida 33004:for the purpose of hearing
any comments which might be made to the following
request: s,a«
STATE OF FLORIDA VA-13-02-Variance request by Gary Posner,-owner,
Treasure Cove Associates,LTD,for property located
COUNTY OF BROWARD/PALM BEACH/MIAMI DADE at SW 45th Street and SW 27th Avenue,Dania Beach,
BEFOR�HE D IGNED AUTHORITY, PERSONALLY APPEARED FL from the following code sections and relating to
the revised landscape plan for the Treasure Cove
Townhouses Site Plan:ego, a
WHO, ON OATH,SAYS THAT a) Chapter 28, Article 29 pervious and Impervious
area requirements-Variance to allow approximately
H H IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED 39%perviouS area(40%previous area required)in or-
der to construct screen enclosed wood decks in the
PARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED rear yards of townhouses.
IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE al chapter sa,Article zb,section 15 fee=Variance to
allow 10 foot rear yard setback(15 feet required)in
ATTACHED COPY OF ADVERTISEMENT, BEING A: order to construct screen enclosed wood decks in the
rear yards along the west lot line-:;4`1r'w,;':-
c)Chapter 28,Article 28,Signs,:Section 28.095 Resi-i
VA 13 02 dential multi-unit complexes or communities.--vari-1
ante to allow a second entryway.sign 4 feet high,6!
square feet in area. �`
Legally described as parcel 'A-;Treasure cove,sac-I
IN THE MATTER OF: cording to the plan thereof;as recorded in plat hook!
168,page 36 of the public records of Broward County,
Florida.Together with:a portion of lot 3,block 3,the
VA 13 02 Marshall Everglades Land Co:;.in Section 29,,Town-
ship 50 South,Range 42 east,as recorded in plat book
2,page 32 of the public records of Dade County,Flori-
dl,THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE mo described follows:Beginning a the southerly
most southwestt corner of Parcel A,Treasure Cove,as.
ISSUES OF: recorded in plat book 168;*page 36 of the public'.
.records of Broward County; Florida; Thence west;
alorrg the north right of way line of SW 45th Street a
5/31 10922502 distance of 24.91 feet;Thence north 00 degrees 02,1
minutes 28 seconds west,a distance of 100:(gl feettol
a south boundary of said Parcel A;Thence east along!
said south boundary, a distance of 24.98 feet to a
AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER west boundary of.Parcel A.;Thence south along said
west boundary,a distance of 100 feet to the point of
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, beginning.Said lands situate in Broward County,Flor-
AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY ida and containing 313,012 square feet(7;186 acres
more or less)
PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, Copies of the proposed petition are available.forview-
EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE Dania Be Beach Blvd Growth.,Dania Beach,anagement Department,
orida bet100
en the
POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, hours of 8:00 a.m.and 4:00 p.m.,'Monday-Friday.In-
terested parties may appear at the public hearing and
FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF be heard with respect to the proposed petition.
In accordance with the Americans With Disabilities
ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT Act,persons needing assistance to participate in any
HE/SHE HAS NEITHER PAID,_NOR PROMISED,ANY PERSON, FIRM, OR of these proceedings should contact Charlene John-
son, City Clerk, 100 W Dania Beach Blvd., Dania
CORPORATION,ANY DISCOUNT, REBATE,COMMISSION, OR REFUND, FOR THE ;Beach, FL 33004, and (954) 924-3622, at least 48:
:hours prior to meeting.
PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID Any person who decides to appeal any decision made'
N EWSPAP by the planning and zoning Advisory Board or the City
Commission with regard to any matter considered at
this meeting or hearing will need a record of the pro-
ceedings and for such purpose may need to ensure
that a verbatim record of the proceedings is made,
(SI AT E OF AFFIANT) which record includes the testimony and evidence
upon which the appeal is to based.
Lou Ann Cunningham
WORN TO AND SUBSCRIBED BEFORE ME May 31,2ng 002 Technician
ON: 31-May-2002 , A.D.
(S GNATURE OF NOTARY PUBLIC)
Tara L.Bezak
Vy C0MMiSS10N# DD024939 EXPIRES
-_ Juhy 20, 2005
THRU TROY FAIN INSURANCE,INC.
(NAME OF NOTARY,TYPED, PRINTED, OR STAMPED)
PERSONALLY KNOWN OR
PRODUCED IDENTIFICATION
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
OTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission on
Tuesday, June 11, 2002 at 7:00 p.m., or as soon thereafter as possible, in the City Commission Room,
Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of
hearing any comments which might be made to the following request:
VA-13-02 — Variance request by Garr Posner, owner, Treasure Cove Associates, LTD, for property
located at SW 451h Street and SW 27t Avenue, Dania Beach, FL from the following code sections and
relating to the revised landscape plan for the Treasure Cove Townhouses Site Plan:
a) Chapter 28, Article 29 Pervious and Impervious area requirements -Variance to allow approximately
39% pervious area (40% previous area required) in order to construct screen enclosed wood decks in
the rear yards of townhouses
b) Chapter 28, Article 26, Section 26.10 -Variance to allow 10 foot rear yard setback (15 feet required) in
order to construct screen enclosed wood decks in the rear yards along the west lot line
c) Chapter 28, Article 28, Signs, Section 28.095 Residential multi-unit complexes or communities. -
Variance to allow a second entryway sign 4 feet high, 6 square feet in area.
Legally described as Parcel "A", Treasure Cove, according to the plat thereof, as recorded in plat book
168, page 36 of the public records of Broward County, Florida. Together with: a portion of lot 3, block 3,
the Marshall Everglades Land Co., in Section 29, Township 50 South, Range 42 east, as recorded in plat
b ok 2, page 32 of the public records of Dade County, Florida, described as follows: Beginning at the
herly most southwest corner of Parcel A, Treasure Cove, as recorded in plat book 168, page 36 of the
p Iic records of Broward County, Florida; Thence west along the north right of way line of SW 45th Street,
a distance of 24.91 feet; Thence north 00 degrees 02 minutes 28 seconds west, a distance of 100.00 feet
to a south boundary of said Parcel A; Thence east along said south boundary, a distance of 24.98 feet to a
west boundary of Parcel A; Thence south along said west boundary, a distance of 100 feet to the point of
beginning. Said lands situate in Broward County, Florida and containing 313,012 square feet (7.186 acres
more or less).
Copies of the proposed petition are available for viewing in the Growth Management Department, 100
West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday -
Friday. Interested parties may appear at the public hearing and be heard with respect to the proposed
petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact Charlene Johnson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach,
FL 33004, and (954) 924-3622, at least 48 hours prior to meeting.
Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the
City Commission with regard to any matter considered at this meeting or hearing will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to based.
Lou Ann Cunningham
P anning Technician
il: May 31, 2002
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OCT-04-ftMtW:R0AC0FF,P.A. FAX NO, 954 11JU11111111111111
8220 State Road 84 Suite 302
Davie,FL 33324 IRSTR S 99&'M458
OR BX 29M PG Iola
QED 10/18119%09:30 M
THIS 1NSiAUMENT PHEPAFFO 8Y AND 1IET RN TO, Ct1121I96I01V
Ellen KrAM11,Esq. C (_,,YT (L'b. '- MM Cl hTy
La+a and Kmcoff, P.A. DM SM-D %0.00
OM St"e PMd 54,Su09 3w 10M am 10b1
Dav's,FL 33324
Pro"Aopreisers trcel ldentkttion T Ilo)Numbs:
SS#:
SPACE ABOYtt TM U*M 0 000%DATA
THIS WARRANTY DEED,made the 81h day of October,A.D. 1999 by AAM9S CAPITAL CORPORATION,a
Caarnis corpmation,toes caged ft orarrtor,to KAREN OOTTLIE%a tpl *Wattla0 whose post office address
is 4473 TREASURE COVE DRIVE,FT.LAUOERDALE,FL 33312,hecefr ft wad the crwtto: * marri ed
(wuwv YHd Wei.the wme'0,deter'aad'eientoo'InMwds M 66 eYl{ee w iM Me04•n60 Sad The Miss.MOaI NPIMM1111roo W1 inlane 01 ,
Inooduus.w4 the mmacts ape snips as CwWw ftl
W I T N E S S E T H: Tbit the grantor,lur and in consiwation of the sum of TEN AND W1100'5($10.00)Dollars and
other v"10 cunsderatlons,receipt wheroof is hereby acknowledged,hereby grants,bargains, sells,aliens,remises,releases,
conveys and confams unto the grinwo au that certain land skvate In Broward County,State of Florlda,viz:
THE EAST 35.00 FEET OF THE WEST 249.00 FEET OF THE NORTH 90,00 FEET OF
THE SOUTH 524.00 FEET OF LOT 3, BLOCK 3, OF SECTION 29, TMNSHIP 50
SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF,AS RECORDED IN
PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
SAID LANDS SITUATE,LYING AND BEING IN RROVNARD COUNTY,FLORID&
SUBJECT TO r oictions,wwatlo".arts and imitdgms Of reM.9 my,provided tha dtis stall not SON to rtlmpose
same,mnn9 wirtarm.and blurs to the wrO Tw and subWwet Mrs-
TOGETHER,with all the tenerrteats,naedUmem and voxwancras thereto t>atmrpnp or in anywise apwuinnp.
TO HAVE AND TO HOLD,the same in No sa Vle Saver.
AND,the grantor hereby ct>muts with raid grtntee it*the grantor K lawk*shred of said and In IN Singh.that the grantor
hts good rigM and I¢wttrl avthoray to 30 tnd cwwey$aid Oct,and htnby fully warrants the tafa to sad and and wig defend the
stint tgsonst Ft!**u clams of as pwsons whomworm,and that said and is too of all encumbrances,excepl taxes ecerumg
ttubsts"k to Daownbet 31, IN&
IN WITNESS WHEREOF,irw uid grantor taws signed and sealed thew presents the day and year first above wri ten.
8drrod,weed and delivered In the presence Of'
- AAMES CAPITAL CORPORATION, a
By, *HGAAZND
L.&
wanes rt signature R SENIOR VICE PR OMIT
k E F r►� _.___ MKIE,LOS ANt$iE9.CA I M
�l
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR BROWARD
COUNTY,FLORIDA CIVIL DIVISION
CASE NO.:99-03465 C102
ONE STOP MORTGAGE,INC.
Plaintiff,
vs. CERTIFICATE OF TITLE
LARRY L. SMITH; UNKNOWN SPOUSE OFII ON di
LARRY L. SMITH; TREASURE COVE UNIT
OWNERS' ASSOCIATION, INC- WILLIAM E # 99�2055b
RACIK, AS TRUSTEE OF THE WILLIAM E. INTR
RACIK REVOCABLE LIVING TRUST DATED OR BX 29676 PG 0454
APRIL 20, 1995;NORTH BROWARD HOSPITAL EM 07/20/99 111%RN
DISTRICT, A SPECIAL TAX DISTRICT; 77
BROWARD COUNTY, FLORIDA; RAYCOM III MWIP
NATIONAL, INC. F/K/A MALRITE DOC OW—D 0.70 _
COMMUNICATIONS GROUP,INC.DINA WFLX OM(1.lX1910
TV; CITY OF POMPANO BEACH, FLORIDA;
GREENER PASTURES, INC., A DISSOLVED
FLORIDA CORPORATION; AN
UNKNOWN PERSON IN POSSESSION OF THE
SUBJECT PROPERTY;
Defendants.
The undersigned,Robert E. Lockwood,Clerk of the Court,hereby certifies that a certificate of sale has
been executed and filed in this action on .tune 29, 1999 ,for the property described herein
and that no objections to the sale have been filed within the time allowed for filing objections.
The following property in Broward County,Florida:
THE EAST 35.00 FEET OF THE WEST 246.00 FEET OF THE NORTH 90.00
FEET OF THE SOUTH 524.00 FEET OF LOT 3,BLOCK 3 OF SECTION 29,
TOWNSHIP 50 SOUTH,RANGE 42,EAST,ACCORDING TO THE PLAT
THEREOF,AS RECORDED IN PLAT BOOK 2,PAGE 32,OF THE PUBLIC
RECORDS OF DADE COUNTY,FLORIDA,SAID LANDS SITUATE,
LYING AND BEING IN BROWARD COUNTY,FLORIDA
aka 4473 TREASURE COVE DRIVE,DANIA,FL 33312
was sold to:,. ONE STOP MORTGAGE,INC
c/o Aames Home Loan
350S GRAND AVE
LOS ANGELES,CA.9007.1?± yti.
WITNESS my hand and the seal of the court this 12th g.
• R B£RT 6:LOCK-WOOD
As Deputy Clerk
W32552
OCT-04-9? MOM 10!e3 FAX NQ. 954 474 i?39 P.10
IN loll
ZJWTR • 99EM457
OR Bt{ 29942 PS 1016
10118/19%09t30 Fx
t�tI61tIQ1
8 tX1 WY
DOC MV-D 0.70
CEP M MM 1067
This instrument prepared by: �C✓G�CA�P
Ellen Kracott:Esq.
$220 State Road 94
Suite 302
1 &WRACOFF,P.A.
8220 State Road 84 Suite 302
Davie, FL 33324
THIS SPECIAL WARRANTY DEED made the day of October, 1999 by ONF.STOP
MORTGAGE,INC.,a California Corporation,whose address is:350 South Grand Avenue,Los
Angeles,CA 90071,thereaftor called the grantor to AAMES CAPITAL CORPORATION,a
California Corporation,whose address is:350 South Grand Avemm,Los Angeles,CA 90071
hereinafter called the grantee:
(Wherever used herein the terms"grantor"and"grantee"include all the parties to the instrument
and the heirs,legal representatives and assigns of individuals,and the successors and assigns of
corporations)
WITNESSETH: That the grantor,for and in consideration of the sum of$10.00 and
other valuable considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,
sells,aliens,remises,releases,conveys and confirms tmto the grantee,all that certain laud situate
in Broward County,Florida,viz:
• THE EAST 35.00 FEET OF THE WEST 246.00 FEET OF THE NORTH 90.00 FEET OF THE
SOUTH 524.00 FEET OF LOT 3,BLOCK 3,OF SECTION 29,TOWNSHIP 50 SOUTH,
RANGE 42 EAST,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT
BOOK 2,PAGE 32,OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA,SAID
LAUDS SITUATE,LYING AND BEING IN BRO WARD COUNTY,FLORIDA.
TOGETHER,with all the tenements.hereditament and appurtenances thereto belonging
or is anywisc appertaining.
TO HAVE AND TO HOLD,the same in fee simple forever.
aC ,
DOC 5 �jo
TT-04-99 MON 10:41 FAX NO, 95? 474 17?9 P. 11
OR BB 29942 PO 1017
AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of
• said land in fee simple;that the grantor has good right and lawful authority to sell and wnvey
said land,and 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 said grantor.
IN WITNESS WHEREOF,the said grantor has hrreunto set my hand and seal the day
and year first above written.
Signed,sealed and delivered
in our presence.
D OrAmadott'
RTGAGE,INC.
d� b
Witness Senior Vice Proukat
Printed Name-
Witness
Printed Name:/�•S�^e,�G`
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
The foregoing instrument was acknowledged before me this day of r,
1994 by Rex A Malott,Senior Vice President of One Stop Mortgage,Luc., �o. o is
personally lu to mq or who has produced _
as identification And who dM take an oath.
LOVt31.JOHN"JR-
-Commission!11993%` Notary pub
140tory Pub0c-
CartQ°kl:: State f
MVComm.EVb sOct23,2M2
xPo Fri
,�
(seal) tJ`FjITSd,kJ
Commission 0
l 199353
is tANNETIE\9"33All5 TOPDEE.WPD
March 28, 2002
Mr. Gary Posner
Victory Development
126 South Federal Highway, Suite 204
Dania Beach, FL 33004
RE: TREASURE COVE
CT&A PROJECT NO.94-0088.001
CRKNEN 1HOMPSON Dear Mr. Posner:
} # " Per our recent discussion, you are planning to petition the City of Dania Beach
for a variance to add a 12'x20' patio/deck to your project. As we discussed, the
patio/deck will need to be built on columns and open underneath so as to
preserve the available storage on-site. Based upon a review of the recent
patio/deck plan you provided to our office, we feel that this plan as proposed will
have no negative effect on the site storm water retention as long as the existing
site grades are adhered to.
ASSOCIKES INC
If you have any questions and/or comments concerning the above please feel free
9lneers to contact me directly to discuss them.
Planners
Surveyors Very truly yours,
CRAVEN THOMPSON & ASSOCIATES,INC.
JA ES J. L EN, ,
cc Presi ent,E gi ee ing
JJM/tg
1
• 1-63 N.W.53rd Street
1 1 Lauderdale,FL 33309-6311
ty54)739-6400
Fax(954)739-6409
West Palm Beach
FORM FOR ADDRESSING CITY COMMISSION
REGULAR OR SPECIAL CITY COMMISSION MEETINGS
The Cityis required
q by state law to keep minutes of City Commission meetings. To
properly identify persons who address the City Commission in those minutes, the City
requests that this form be completed and provided to Charlene Johnson, City Clerk,
before the meeting begins.
DATE OF COMMISSION MEETING: 200 2,-
PRINT NAME
ADDRESS
PHONE NO. (optional)
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) CITIZENS' COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for ''Citizen Comments." A thirty (30) minute `Citizen Comments'period shall be
designated on the aeenca for citizens and interested persons to speak on matters not scheduled on that days agenda. The citizen
comments' Period shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons
desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of
their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by
meeting basis whether to (a)extend the time allotted for citizen comments to accommodate all speakers,or(b) whether to limit the
• number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
2) PUBLIC HEARINGS — ITEM (AS PRINTED ON AGENDA)
PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A "ZONING"TYPE OF MATT (FOR EXAMPLE.
ER
A SITE PLAN. VARIANCE. SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU
ARE SUBJECT TO BEING ASKED TO AR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBBJEJE CT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DEC TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY
MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH
PURPOSE :MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REG STRATION REQUIRED - R NI
EGISTRATION AS A LOBBYIST IN THE CITY OF DAA BEACH IS REQUIRED IF
ANY PERSON. FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE No. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE
IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
1ger.da`P1:[31-IC SPFAKING FOR t.duc
FORM FOR ADDRESSING CITY COMMISSION
AT REGULAR OR SPECIAL CITY COMMISSION MEETI NGS
The Cityis required q d by state law to keep minutes of City Commission meetings. To
properly identify persons who address the City Commission in those minutes, the City
requests that this form be completed and provided to Charlene Johnson, City Clerk,
before the meeting begins.
DATE OF COMMISSION MEETING: L/,,, / 0 L 200`L
PRINT NAME / C /r
ADDRESS A S I? rCa L
PHONE NO. (optional) "j $'Y — q V 7 -- 7/ -�- .
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) CITIZENS' COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for 'Citizen Comments." A thirty (30) minute 'Citizen Comments'' period shall be
designated on the agenda for citizens and interested persons to speak on matters not scheduled on that days agenda. The citizen
comments' period shall begin promptly at T.30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons
desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of
their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by
meeting basis whether to (a)extend the time allotted for citizen comments to accommodate all speakers, or(b) whether to limit the
• numoer of speakers or amount of time per sneaker. A speaker's time shall not be transferable to another speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
2) ' —PUBLIC HEARINGS — ITEM AS PRINTED( ON AGENDA)
PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A "ZONING"TYPE OF MATT A SITE PLAN, VARIANCE. SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDI ER (FOR EXAMPLE.
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL A CIAL"MATTER, YOU
S TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY
MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF
.ANY PERSON. FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS ,AND COPIES OF THE ORDINANCE ARE AVAILABLE
IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
��.:age^da`Pl_f3LIC SPEAKING FOR�tdoc
FORM FOR ADDRESSING CITY COMMISSION
AT REGULAR OR SPECIAL CITY COMMISSION MEETINGS
�Er�C
The Cityis required q d by state law to keep minutes of City Commission meetings. To
properly identify persons who address the City Commission in those minutes, the City
requests that this form be completed and provided to Charlene Johnson, City Clerk,
before the meeting begins.
DATE OF COMMISSION MEETING:_(P-" 200 —
PRINT NAMEVAMp '� �r,e C
ADDRESS LILA6i -?,IT1 At V` E-( , LQ,A.14 1r:7I -35,IX .
PHONE NO. (optional) ���
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
�) CITIZENS' COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for"Citizen Comments.' A thirty (30) minute 'Citizen Comments' period snail be
desicnated on the aaenca for citizens and interested persons to speak on matters not scheduled on that days agenda. The citizen
comments' oerica shall begin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for nis or her comments. Persons
desiring to sneak during the citizen comment period shall inform the Citv Clerk immediately prior to the beginning of the meeting of
the!r intention to speak. If more than 10 speakers express a desire to speak, the Commission snail determine on a meeting by
meeung basis whether to (a) extend the time allotted for citizen comments to accommodate ail speakers, or(b) whether t
numcer of speakers or amount of time per sneaker. A speaker's time shall not be transferable to another speaker. o limit the
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
2) � PUBLIC HEARINGS — ITEM # .�. (AS PRINTED ON AGENDA
PLEASE NOTE. IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A "ZONING"TYPE OF MATTER (FOR EXAMPLE.
A SITE PLAN. VARIANCE. SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER. YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON :VHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY
MA 1 1 ER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS. AND FOR SUCH
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF
ANY PERSON. FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE
IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
\,_ cu�`Pl:'f3LIC SPFAKING FOil`l.duc
—� FORM FOR ADDRESSING CITY COMMISSION
7 AT REGULAR OR SPECIAL CITY COMMISSION MEETING
The Cityis required q ed by state law to keep minutes of City Commission meetings. To
properly identify persons who address the City Commission in those minutes, the City
requests that this form be Completed and provided to Charlene Johnson, City Clerk,
before the meeting begins.
DATE OF COMMISSION MEETING:
PRINT NAME
ADDRESS �L/
PHONE NO. (optional)
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
1) CITIZENS' COMMENTS:
Comments by Dania Beach citizens or interested parties that are not part of the regular printed acenea may be made during each
Commission meetina during the period set aside for 'Citizen Comments.' A thirty (30) minute Citizen Comments' period shall be
des.cnated on the aoenca for citizens and interested persons to speak on matters not scheduled en that days agenda. The citizen
comments' period shall becin promptly at 7:30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons
ces!r,na to speak during the citizen comment period shall inform the Citv Clerk immediately prior to the beginning of the meeting of
h te;r intention to speak. If more than 10 speakers express a desire to speak, the Commission snail determine on a meeting by
meeunc basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or(b) whether to limit the
• numcer of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker.
PLEASE BRIE=►Y DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
2) PUBLIC HEARINGS — ITEM # 9 ° 3 (AS PRINTED ON AGENDA)
PLE.�,,SE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A "ZONING"TYPE OF MATTER (FOR EXAMPLE,
A SITE PLAN, VARIANCE. SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A 'QUASI-JUDICIAL"MATTER. YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RE
MA GARD TO ANY ER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD
INCLUDES THE TESTIMONY.AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DAN'IA BEACH IS REQUIRED IF
ANY PERSON. FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE
IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
1 .:a Pt BLIC SPEAKING FOR:�t.do c
FORM FOR ADDRESSING CITY COMMISSION
NOe,7AT REGULAR ORSPECIAL CITY COMMISSION MEETINGS
re
The Cityis required
q by state law to keep minutes of City Commission meetings. To
properly identify persons who address the City Commission in those minutes, the City
requests that this form be completed and provided to Charlene Johnson, City Clerk,
before the meeting begins.
DATE OF COMMISSION MEETING: Go-12.-02 200
PRINT NAME AA` W? �
ADDRESS LA 9-
�1 3 33 I .
PHONE NO. (optional)
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW:
�) CITIZENS, COMMENTS:
Comments by Dania Beacn citizens or interested parties that are not part of the regular printed agenda may be made during each
Commission meeting during the period set aside for''Citizen Comments.' A thirty (30) minute 'Citizen Commerts°period shall be
designated on the agenda for citizens and interested persons to speak on matters not scheduled on that days agenda. The citizen
comments' eenoo shall began promptly at T30 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons
desiring to speak during the citizen comment ceriod shall inform the Citv Clerk immediately prior to the beginnine of the meeting of
their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by
meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or(b) whether to limit the
• number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker.
PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT:
------ _------
________________________________________
2) V PUBLIC HEARINGS — ITEM # i 3 - (AS PRINTED ON AGENDA)
PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A "ZONING"TYPE OF MATTER (FOR EXAMPLE.
A SITE PLAN, VARIANCE. SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A 'QUASI-JUDICIAL"MATTER, YOU
ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR
TESTIMONY, YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S
REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY
MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH
PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE 'NHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF
ANY PERSON. FIRM OR CORPORATION IS BEING PAID TO LOBBY ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE
PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE
IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
•
�_er.da Pl'131_IC SPEAKING FOR.MLdoc
13
t
June 11, 2002
Petition of support to variance requests contingent on a
6' stucco concrete wall surrounding this project.
The signatures on this petition are from those that
indirectly or directly face the project.
WE SUPPORT ALL ASPECTS OF THIS PROJECT
Compiled by:
Dawn Read
2724 SW 45 Street
Fort Lauderdale, FL 33312
954-967-8472
•
YACHT CLUB AT TREASURE COVE PROJECT
IN EXCHANGE FOR OUR SUPPORT OF VARIANCE CHANGES...TREASURE
® COVE ASSOCIATES, LTD. WILL PROVIDE A 6' HIGH STUCCO CONCRETE
WALL AROUND THIS DEVELOPMENT. WE WANT A WALL!!!!
WE ASK FOR YOUR SUPPORT IN THE VARIANCE REQUESTS.
NAME ADDRESS PHONE
2)
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end 2 Start, D96A Hawh, Florida
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Basis of Review for Environmental Resource Permit Aaalications August 2000
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•
3.3 Phased Projects-
Projects which are to be developed in phases will require the submission of a master plan of th-e'
applicant's contiguous land holdings. The primary interest of the District is to insure continuity
between phases, satisfactory completeness of individual phases should the project be incomplete
as planned .an- erva ion o aion a acentrope owners' rights his includes adjacent property
owners created by the sale of incomplete phases. See Rule 40E-4.305 for further information
regarding conceptual approval permits.
7
Basis of Review for Environmental Resource Permit Applications August 2000
2.15 "Impervious"- Land surfaces which do not allow, or minimally allow, the penetration--of
water. Examples include building roofs,normal concrete and asphalt pavements, and some fine
grained soils such as clays. 4
2.16 'Isolated Wetland" - Any wetland without a direct hydrologic connection to a lake,
stream, estuary,or marine water.
2.17 "Lagoon"-A naturally existing coastal zone depression which is below mean high water
and which has permanent or ephemeral communications with the sea, but which is protected from
the sea by some type of naturally existing barrier.
2.18 "Listed Species" - Those animals species which are endangered, threatened or of
special concern and are listed in Section 39-27.003, 39-27.004 and 39-27.005, F.A.C., and those
plant species listed in 50 Code of Federal Regulation 17.12, when such plants are found to be
located in a wetland or other surface water.
2.19 "Mitigation" - An action or series of actions to offset the adverse impacts that would
otherwise cause a regulated activity to fail to meet the criteria set forth in sections 4.2 and 4.2.8.2.
Mitigation usually consists of restoration, enhancement, creation, preservation, or a combination
thereof.
2.20 "Mitigation Bank" - A project undertaken to provide for the withdrawal of mitigation
credits to offset adverse;impacts.
2.21 "Mitigation Bank Permit' - A permit issued to a banker to construct, operate, manage
• and maintain a Mitigation Bank. :{
2.22 "Mitigation Credit'-A unit of measure which represents the increase in ecological value
resulting from restoration, enhancement, preservation, or creation activities.
2.23 "Mitigation Service Area"-The geographic area within which Mitigation Credits from a
Mitigation Bank may be used to offset adverse impacts of activities regulated under Part IV of
Chapter 373, F.S.
2.24 "Other Surface Waters"-Means surface waters aside scribed and delineated pursuant to
Section 62-340.600, F.A.C., as ratified by Section 373.4211, F.S., other than wetlands.
2.25 "Overflow elevation"- design elevation of a discharge structure at which, or below which,
water is contained behind the structure, except for that which leaks out, or bleeds out, through a
control device down to the control elevation.
2.26 "Preservation" - The protection of wetlands, other surface waters or uplands from
adverse impacts by placing a conservation easement or other comparable land use restriction
over the property or by donation of fee simple interest in the property.
2.27 'Regional Watershed" -As used in subsection 4.4, a regional watershed means a
watershed as delineated in Figure 4.4-1.
4
• Case No.
Page No. 5
against Gottlieb for libel, award Plaintiff damages to character and reputation in the amount
of$1,000,000.00,and such other relief as the Court deems just and proper under the instant
circumstances.
Roth, Rousso & Darrach, P. A.
3440 Hollywood Boulevard; Suite # 360
Hollywood, FL 33021
Telephone 954.322.4280
Facsimile 954.322.4281
By: 44,
Geo ge A. M nski, Esquire
Flori a Bar 247:'6
• C v
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OALitigation Department\Cases\Treasure Cove\COMPLAINT1.vvpd
Roth,Rousso&Darrach,P.A.,3440 Hollywood Blvd.,Ste.#360,Hollywood,FI 33021-Tul.(954)322-4280 Fax(954)322-4281
LEONARDOA.ROTH ROTH, ROUSSO & DARRACH, P . A .
MARK E.Rousso ATTORNEYS AT LAW
DONALD M.DARRACH VENTURE CORPORATE CENTER
3440 HOLLYWOOD BOULEVARD
ROBERT C.BIEGEN SUITE 360
GEORGE A.MINSKI HOLLYWOOD,FLORIDA 33021
FABIAN A.PAL i
ALEX D.SIRULNIK
TELEPHONE:954.322.4280
OF COUNSEL FAX: 954.322.4281
ALAN B.SCHNEIDER,P.A. June 4, 2002 REAL ESTATE FAX: 954.322.4282
HAND DELIVERY
Karen Gottlieb
4473 Treasure Cove Drive
Ft. Lauderdale, Florida 33312
Re: Treasure Cove Associates, L.P.
Dear Ms. Gottlieb:
As you are aware, we represent Treasure Cove Associates, L.P. Our client wishes
to put you on notice that you are to cease driving or otherwise traveling through their
development. Not only are you trespassing upon private property, but by driving you car
through the construction site you are needlessly exposing Treasure Cove Associates, L.P.,
to an increased risk of an accident occurring on their propErty.
You are directed to enter or exit your property via the public road system abutting
your driveway. Any future incursions by you onto our client's property will be reported to
the appropriate authorities for immediate action
Should you have any questions or comments regarding this letter, do not hesitate
to contact me at the above numbers. �\
Your ruly,
George A ki
For the rm
GAM:ec
O:\Litigation Department\Cases\Treasure Cova\Gottlieb Case#02-9715\Gottlieb trespass Itr 06-03-02.wpd
ASSOCIATED OFFICES ' BUENOS AIRES
DEANNEXATION AGREEMENT
This Agreement is entered into this day of by and between
Treasure Cove Associates, Ltd., and Treasure Cove Unit Owners Association, Inc.
WHEREAS, Treasure Cove Associates, Ltd. (hereinafter "Developer") purchased the
property set forth in Exhibit "A" via Warranty Deed recorded on May 17, 2000 and recorded in
Official Records Book 30508, Page 0380 of the Public Records of Broward County, Florida.
Developer intends to develop a townhouse community separate and apart from the community
currently governed by Treasure Cove Unit Owners Association, Inc. (hereinafter"Association").
WHEREAS, Developer (or successors) intend to create a homeowners association and
record a Declaration of Covenants and Restrictions in the Public Records for the residential
property being deannexed from the Treasure Cove Subdivision, as is more particularly described
on the attached Exhibit"A".
WHEREAS, the property referenced in Exhibit "A" is currently subject to the
Declaration of Covenants and Restrictions for Treasure Cove, recorded in Official Records Book
8411, Page 604 of the Public Records of Broward County, Florida and is therefore governed by
the Treasure Cove Unit Owners Association, Inc. ("Association"). Developer wishes to be
released from said covenants.
WHEREAS, Association as authorized by the Amendments to the Covenants approved
by its members and to be recorded in the Public Records of Broward County, Florida, will agree
to release the property from the covenants in accordance with the terms hereof.
NOW, THEREFORE, in exchange for the mutual covenants contained in this Agreement
and other good and valuable consideration exchanged between the parties, the parties, as well as
all property owners subject to the Declaration of Covenant and Restrictions for Treasure Cove,
as aforesaid, agree as follows:
1. The portion of the property commonly referred to as Treasure Cove Drive, more
particularly described in Exhibit `B", shall be repaired and repaved by Developer, at Developer's
expense, simultaneously with the construction and paving of the roads contained within the
deannexed property. Developer represents that adequate drainage for Treasure Cove Drive to
alleviate flooding and/or build-up of storm water runoff is currently installed as per development
plans with South Florida Water Management. Developer hereby grants Association, and its
members, a perpetual easement for ingress, egress and use of and over Treasure Cove Drive.
Association shall maintain Treasure Cove Drive after all maintenance, repairs, repaving and
installation of drainage facilities are completed by Developer. Developer shall provide
Association with notice of its substantial completion of the roadway repairs. Association shall
have thirty.(30) days to inspect the roadway for defects in workmanship or otherwise. Developer
shall cure any defects noted by Association within five (5) working days of receipt of the
Association's notice. Association shall not be responsible for maintenance of the roadway unless
and until Association approved the completed the roadway repairs contemplated, which approval
shall not be unreasonably withheld.
2. Developer shall construct one (1) dwelling unit in the space between existing
units 10 and 13 and shall grant Association, and its members, a no less than nineteen (19) foot
wide access and use easement adjacent to said residence. Association shall maintain said
easement property (to be legally described by Developer, subject to approval of Association) and
will enact regulations prohibiting uses that would.create an unreasonable nuisance or source of
annoyance to the dwelling owner. Said easement property shall be available for ingress, egress
and access to dockage as well as recreational, social or administrative uses permitted by
Association.
3. Developer agrees that it shall build up to three (3) units within the property
subject to Association governance, one (1) residence to be located as set forth above. Said units
shall conform to the appearance of the existing Treasure Cove Villas including but not limited to
elevation, building materials, color and size. Developer shall pay, for any repairs and/or
maintenance to Association property, or the property of its members, necessitated by
construction activities. Association shall have the right to approve all construction plans and
specifications for the unit(s), such approval not to be unreasonably withheld. In the event
Developer fails to promptly remove construction debris, repair any damages or restore the
property effected by the construction activities, the Association, after five (5) days written notice
may remove the construction debris, repair any damages and restore the property to its pre-
existing condition, at the expense of Developer. Association shall be entitled to reimbursement
of expenses incurred pursuant to this Section within ten (10) days of presentation of an invoice.
4. Developer shall remove, disconnect and fill to level grade or level the drain fields
servicing the eight (8) existing villa units located within Treasure Cove after connecting the eight
(8) villa units to the county sewer system. Developer shall absorb all costs and expenses
associated with connection of the existing Treasure Cove units to the county sewer system,
including, but not limited to, permit and/or any repairs or rv53toration of the property necessitated
by the construction activities or in compliance with any governmental directives. Developer
shall not be responsible for paying county impact fees.
5. Developer shall construct and install a finger pier as shown on the Marina
drawing attached hereto as Exhibit "_". All responsibility for the future maintenance, repair
and replacement of the finger pier shall be equally shared by both the Association and the
Developer and its successors and assigns, which shall specifically include the association created
to govern the property set forth in Exhibit "A" and the future owners of said parcels. Three (3)
slips will be created by Developer,.on the western portion of the finger pier for use by Treasure
Cove members. Vessels shall be moored in a north/south manner and no additional finger pier
shall be constructed other than as shown on the marina drawing attached hereto. The finger pier
to be constructed by Treasure Cove Associates, Ltd. shall be regularly maintained at the shared
equal expense of Treasure Cove Associates, Ltd. (its successors and assigns, specifically the
association formed to govern the property referenced in exhibit "A" and all future owners of said
property) and Treasure Cove Homeowners Association, Inc. Maintenance of the finger pier shall
also include any and all necessary repairs. Either party may request the repair or maintenance
expense by notifying the other party in writing the nature of the damage, the work required to
remedy the situation, and the estimated cost of the repair or work to be performed. The non-
requesting party shall have five (5) days to inspect the finger pier and determine whether to
accept or object to the repair requested. Upon both parties agreeing that repairs are necessary to
the finger pier, the parties shall accept three bids for maintenance work to the finger pier and
agree to accept the most reasonable bid. Should the non-requesting party fail to agree that
maintenance work to the finger pier is necessary, both parties shall agree to contract an
inspection services company to determine whether certain repairs and maintenance to the pier are
necessary.
In the event of damage or destruction to the finger pier from any causes, other than the
negligence of either party, then both parties shall, at joint and equal expense, repair or rebuild the
finger pier at the same location, and of the same size, and of the same or similar material and of
like quality with the present finger pier, and each party, his heirs, successors, and assigns shall
have the right to the use of the finger pier so repaired or rebuilt. The parties agree that repairs and
reconstruction of the finger pier shall also be undertaken wherever a condition exists which may
result in damage or injury to person or property if repair or 'reconstruction work is not
undertaken.
If either party's negligence shall cause damage to or destruction of the finger pier, the
negligent party shall bear the entire cost of repair or reconstruction. If either party shall neglect
or refuse to pay the party's share, or all of the cost in case of negligence, the other party may
® have the finger pier repaired or restored and shall be entitled to have a mechanics' lien and lis
pendens on the property of the party failing to pay for the amount of such defaulting party's share
of the repair or replacement cost.
. 6. Developer agrees to pay Association the sum of Five Thousand ($5,000) Dollars
as reimbursement for attomey's fees within thirty (30) days of the date of execution of this
Agreement. Association may delay recordation of this Agreement and the amendments
referenced herein until it receives payment, as aforesaid. Developer agrees to bear the cost of
recordation of said amendments and this Deannexation Agreement and any other documents,
documentary stamps or other governmental charges with respect to recording same.
7. Developer agrees to build and extend a catwalk/dock that extends at least five (5)
feet beyond the sea wall behind units 13 and 14, that runs westernly to the easement referenced
in paragraph 2. of this Agreement for its successors and members of Association to access the
finger pier shown on the proposed marina drawing. Association shall maintain and repair, at its
expense the portion of the catwalk/dock that extends west of the finger pier constructed by
Developer, referenced above.
8. By execution of this Agreement, approval and recordation of the Amendments
attached hereto, all parties hereto agree to the deannexation of that certain real property
described in Exhibit "A" and same is hereby deannexed and released from the covenants above
mentioned upon recordation of the Amendments.
•
3
9. This Agreement shall be binding upon the heirs, legal representatives, successors
® and assigns of the parties hereto.
10. To the fullest extent permitted by law, the Developer (its successors and
assigns, including but not limited to the entity created to govern the property referenced in
Exhibit "A" and all future owners of any portion of said property, jointly and severally) shall
indemnify and hold harmless the Association, its agents and employees from and against all
claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out
of or resulting from the de-annexation of the property, the effectiveness, enforceability or
legality of the amendments to the governing documents, this Agreement, or any actions taken
by the Board in connection with this Agreement, the assignment, reassignment or redesignation
of dock spaces and any other matter concerning or arising out of this Agreement. This
indemnification shall survive termination of this Agreement. Developer shall take all reasonable
precautions for the safety of, and shall provide all reasonable protection to prevent damage,
injury or loss to the property referenced in this Agreement, the Association, its directors,
officers and members. Developer shall give all notices and comply with all applicable laws,
ordinances, rules, regulations and orders of any public authority bearing on the safety of
persons and property and their protection from damage, injury or loss.
l 1. The parties agree that in the event it is necessary for either party to file any action
to enforce the terms of this Agreement, that the prevailing party shall be entitled to recover
reasonable attorney's fees and costs of such action, including any appellate or bankruptcy
• proceedings associated therewith.
12. The parties agree that venue for any legal action arising out of the terms and
conditions of this Agreement shall be in Broward County, Florida. This Agreement may be
signed in counterpart.
Signed, sealed and delivered Treasure CowilUnit Owners
in the presence of: Association, Inc.
WITNESSES By:
Jean Fischer, President
Treasure Cove Associates, Ltd., by and through its
General Partner, Treasure Cove Associates, Inc.
By:
Gary Posner, President
4