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HomeMy WebLinkAboutO-2007-015 BICC Rezoning ORDINANCE NO. 2007-015 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY SALTZ MICHELSON ARCHITECTS REPRESENTING THE PROPERTY OWNER, BROWARD INTERNATIONAL COMMERCE CENTER, INC., TO REZONE PROPERTY LOCATED AT 280 BRYAN ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO C-4 (COMMERICAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by Saltz Michelson Architects, for property located at 280 Bryan Road, within the City of Dania Beach, Florida, is granted and the parcels as described in Exhibit "A" are rezoned from the "C-3" zoning classification to the "C-4" zoning classification, a copy of which request is attached to this Ordinance. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on August 14, 2007. PASSED AND ADOPTED on second reading on August 28, 2007. OB ANTO MAYOR—C MMISSIONER ATTEST: �C-Q LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORnAND 1CORRECTNESS: BY: ;1 l THO AS . A S CITY AT ORNEY 2 ORDINANCE#2007-D 15 EXHIBIT "A" LEGAL DESCRIPTION Tract "A", less and except the South 710 feet thereof, f°RE-AMENDED PLAT OF HOLLYWOOD PALMS", according to the plat thereof, as recorded in Plat Book 36, of Page 46 of the Public Records of Broward County, Florida. Said lands situate and lying in the City of Dania Beach, Broward County, Florida, and containing 12.578 acres, more or less. 3 ORDINANCE 92007-015 Location Map: _ _ > c►rcAYcr �� R A DpNIIlvtCA 9l � \ `'Nw TTlR ST A T1 INAGUASr -- 7AMAICASr C.71 I C-4 CA C,"4 TMe vita W NW 3xD si+ w. DRYANRD NBRYAPRD ;. Jy g; IROM _�! _ NW2ND Sr -_- Nw,2ND_ Sl' F` IRO L r ; 1 017 .� City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954)924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request f l 51 Rezoning Da`e Reed: ❑ Site Plan - {�(--� I ❑ Special Exception Pe tion No.: i G ' o -Oso ❑ Special Request ❑ Trafflcway Waiver ❑ Variance ❑ Vacation Request ❑ Other: i THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Oty's Building Department, Location Address: 280 Bryan Road, Dania Beach Lot(s): Block: Subdivision: Recorded Plat Name: Hollywood Palms-Reamended Plat Follo Number(s): 504233050010 Legal Description: Tract A less & except the South 710 ft thereof, Re-Amended PLat of Hollywood Palms Plat Book 36 age Applicant/Ca,sul'ant/Lec:d Repra:,antD,,we (circle of ___--Gera-'d L Address of Applicant: 888 S .E. 3rd Ave . , Suite 301, Fort Laud, 33"316 Business Telephone: 9 5 4-7 6 4-71 510me: Fax: 45 4-7 6 4-7 27.9 Name of Property Owner:Broward International Commerce Park, Limited Partnership Address of Property Owner: 1700 Stutz Dr. , Ste 25, Troy, MI 48084-4502 Business Telephone: Home: Fax: Explanation of Request: Rezoning of this property from C-3 to C-4 Prop. Net Acreage: Gross Acreage: Prop: Square Footage: Existing Use: vACANm T.Amn Proposed Use: Warehouse/Office Is property owned Individually, by a corporation, or a joint venture? CORPORATION NOTARIZED SIGNATURE: This Is to certifythat the below referenced corporation on Is the owner of subject ed lands described above and that I, as a duly authorized officer, have authorized (AppllwngConsultant/Representative) to make and file the aforesaid application. Swom to and subscribed before me Corporation Name: This_day of 20_ Signature: Date: (Print Name) Sign Name of Notary Public (Print Title) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are the owners of subject lands described abov ar7d that all partners have authorized (Applicant/Consultant/Representative) f i2[ I L • �l( 4— to m a and the aforesaid appll tlon RO—WQSworn to and subscribed before me a vt� �� VI ( L This day of 1 en} 0� '� �� � . Signature: Date: (Print Name)** ame of Notary Public State of( Print Name of Nat ryl; , :q„ Street Address, City, State and Zip Code Commission Expires: Z�{� ��,yc{ — cl 770 deal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. Applicant/Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultan ep ve: This-day of C^'—20A�O Signature: Date: 11� 4aa�� o CeK0,1d L. Kl� I'4h Sign Name of Notary Public (Print Name) State of( F/O Wdd DEBORMIBERG pah ti--Lrd MYCDMMISSION#DD3907P IX Print Name of Notary / Streeee / Commission Expires: 1�I l LIAI ( �-t•— 647/ Seal: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of _ 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. t j j JUSTIFICATION STATEMENT I Broward International Commerce Park, Limited Partnership ("BICC"), has submit(ed a proposed site plan to the City of Dania Beach, Florida ("City"), to expand the existing warehouse/office complex located at 280 Bryan Road, Dania Beach, to the northern vacant portion of the property owned by BICC. The southern portion of the property owned by BICC, on which the existing warehouse/office complex is located, is zoned in the City's C-4 zoning district. The northern portion of the property, where the warehouse/office complex will be expanded, is zoned in the City's C-3 zoning district. When completed, the BICC project, including the existing warehouse/office complex and the proposed expansion, will be one integrated and interrelated development, the principal use of which (i.e., warehouse) is a permitted use in the City's C-4 zoning district, but not the City's C-3 zoning district. In order to expand the existing warehouse/office use in the City's C-3 zoning district, it would be necessary for BICC to obtain a special exception approval from the City for such use. This would lead to an anomalous and incongruous situation in which a portion of the land on which the development is located is zoned C-4 and a portion is zoned C-3, subject to a special exception approval. Different site development regulations and conditions of approval would apply to the northern portion of the property than would apply to the southern portion of the property, even though the entire property owned by BICC will be occupied by one comprehensive development. Future transactions involving the property and financing of the project will be complicated by the continuation of the present zoning dichotomy. Uniformity of zoning on the property will simplify the City's regulatory process relating to the project and facilitate the successful development and use of the property. The proposed rezoning of the subject property is consistent with the "Commercial" land use plan designation of the property on the City's Land Use Plan. The lands located to the west (the Design Center of the Americas) and south (the existing Broward International Commerce Center) of the subject property is also zoned in the C-4 zoning district, and the property located to the south of t';te subject property is also io:ied in the C-4 zoning district. Thus, the proposed zoning is compatible with adjacent zoning districts. The eastern boundary of the property is Bryan Road and the northern boundary of the property borders an existing mobile home park. This mobile home park will be buffered from the proposed expansion of the existing warehouse/office complex in accordance with applicable City requirements and appropriate site design elements. Vehicular access to the proposed project will be limited to Bryan Road and integrated with the access to the existing warehouse/office complex, thus avoiding any impact on other adjacent uses. 100004833.DOC v.1 12 7/2006 10.21 AM) �Y� O yW •1�7 l W yQ !ry �y`\3�3 � �� rvollyy''�D Yi Z� ``pX r� u•�En iF � EW� �� °� yap o Y a2a• u E�c W QON egFm2Y���i � ZJ'o��F iq C 1z 0o °bY'M?qQ �i fIr �[i€O� �m m l^. V �W k I W �� � I W O �� f FO�My& Fh Yv.p� Co [ U gS • mil siv� v .Fx I _ 6'RR rf Flu'YY Ov wif ----- --- ------ �' WWI Q��a`y " ftj 4�c4 u NV Emerald Late Lrporate Park 3111 Stirling n..ad Fort Lauderdale, Florida 33312-6525 BECKER Phone: (954)987-7550 Fax: (954)985-4176 POLIAKOFF - �b 11S foil Free: (800)432-7712 Z Mailing Address: t d O I 11.0. Box 9057 tA�ee \ • Ff. Lauderdale, FL 33310-9057 ADMINISTRATIVE OFErcE --��. Reply To: T'u snR.INn Doe° July 18, 2007 l� Fort Lauderdale fgFT�dIIM(RDAIr l fa,1: nov,�2.77v u s.TOLL NIlL Direct diaL• (954)985-4117 v .RECKIR 10L1Aeo.TCOM NSchiller(&bccker-poliakoff.com 6411 MLLRER�POLIAROFKLCM VIA F,-MAIL: tausbroCq)ci.dania-beach.11.us BY HAND DELIVERY Mr Thomas Ansbro, Esq. City Attomey The City of Dania Beach City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 ILORIUA nmua Re: Planning and Zoning Board Items: RZ-87-06/ VA-39-07 11.11„ . Dear Mr. Ansbro: 11 tlJWAi1 11''AA 11 Please be advised that the law firm of Becker and Poliakoff, P.A., represents Occan Waterway Co-Op, Inc., located at 1500 Old Griffin Road, Dania Beach, Florida 33004. M l lnmRKt I hereby request that Illy Client, Ocean Waterway Co-Op, Inc., he Considered a party intervener at all public hearings in the City of Dania Beach clue to their close proximity to the proposal dcvelopnicnt. As a party intervener and affected party, my client shall be atiimled all due process rights under the quasi-Judicial process allixdcd to the applicant, which include but are not limited to: Cqual time io make a presentation, access to all exhibits, and the right to cross examine witnesses. /.,IV4:IM u11h L1 I apologize in advance ter this hate notice. I�C�st rcq;yr(I's I r` r' Neil �L'Schiller LEGAr AND '':I)i,keys S:RAFEwS S n i n.t 1.. .u I'w11 d 11i a. N1111aF 11_I A'10;1 1XIAS LAW OFFICES BILLING, COCHRAN, HEATH, LYLES, MAUE.O & ANDE&SON, P.A. POST OFFICE BOX zleLT GREGORY T.ANDERSON Fox[ L�VDS1nAL>t. FLOWZMa 30005-1627 MICMAEL V.BAXTER CLARX J.COCHRN,JR. Bq S.L.3R9 AVENUE.SUITE DOI ERIC P.CZELUSTA W.TUCKER CRAIG CRAIO FORT LAUDERDALE.FLORIOA 33319 VIVIAN H.FAZIO SUSAN F.OELEDAL 1934I 764-7I50 CAROL J.HEALY GLASGOW THOMAS C.HEATH FAX:(954)74I-7879 JUSTIN O.OROSZ GREGORY M.XEYSER MERA E.HAGAN OLIIALO L KNIGHT 400 AUSTRALIAN AVENUE SOUTH.SUITE BOO DONNA M.MRUSSE DENNIS L.LYLES WEST PALM BEACH.FLORIDA»IOI DANIEL L LOSEY JOHN W.MAURO (Sen SSS-SSTO ALINE O.MMCANTONIO KENNETH W.MORGAN.JR. PAM(591)459.9173 RRISTA R.MAYFIELD BRUCE M.RAMSEY SHAWN B.MRXAMEY XEVIN M.VANNATTA 3001 N.ROCKY POINT DRIVE WT.SUITE E00 JOHN S.MOORE$ TAMPA.FLORIDA SSSOT MICMAEL J.►AWLLCZYM STEVEN F.SILLING 119A7-1998) (SIS)SSNSTI T.CHRISTINE►EREZ HAYWARD D.DAY 119.LL2007I FAX:(SISI 2SS7740 ANDRLW A RIEP WWW.Dchim-Com PHILLIP W.THRON PLEASE REPLY TO, FORT LAUDERDALE May 31, 2007 VIA FACSIMILE: (954) 924-3642 Mr. Laurence Leeds Community Development Director City of Dania Beach 100 West Dania Beach Blvd Dania Beach, FL 33004 Re: Broward International Commerce Center Dear Larry: We represent the applicant in connection with the application for rezoning, variance and site plan approval for the above-referenced project. We wish to inform you that representatives of the applicant met with representatives of the adjacent mobile home park on January 10, 2007, to discuss the proposed project. In addition, I discussed the proposed project with the attorney representing the mobile home park several weeks ago. We have not received any comments from the representatives of the mobile home park or their attorney subsequent to those discussions. Thank you for your consideration. it Sir /Fely 4 e Id L ight or th i SFD/alsa 00005335.DOC r l 5-1012007 03:35 P,NI TO. City of and"Loafing Advisory Board ��B�r�f:'/ City of Duda Beach v FROM- Carl Ayotte 2321amia Strew JUL 16 2007 Dada Be"Florida 33004 Member of°udofD�or'sitaw" Planning Department DATE: July 16,2007 RE: Bmvwd International Commas Center,Inc Request for a Zone Change(RZ-6746) 1 am a resident at Oeemf Waterway Park nea3 to the area in question 1 am also a atember of the Board of Directors. 1 an writing to state that D is not Ole to the residew or the Board to schedule these hearings when the n*arity of both ere not available to attend the homing The people ftom Broward Intandonal came to us back in February. They stated the hearings would not be held for several momhs. They also stated that several buildings would be buik now the notice only mentions one. An office and warehouse building(SP-76.06). What else do they want? We do not object to the warehouses,but if you grant a C-4,it opens up the opportunity for several other businesses which we do object to next to our homes. Their other warehouses were built under the C-3 Zone. Why not keep the new ones under that wnirtsl Ts it possible for these hearings to be postponed to a later date? If you would Wte to contact me, I can be reached at 519-324.4945 Thank you for your attention to this matter. T0: LOU ANN CUNN[NGHAM FAX: 954-9212697 FROM: CARL AYaLMOCEAN WATERWAYS C� JUL�116 zoola Department Phone (954) 922-0984 Fax(954) 922-9440 Ocean Waterway Mobile Home Park OCEAN WATERWAY Ocean Waterway Co-op Inc. Resident O%%ned Community I500 OLD GRIFFIN ROAD DANIA, FLORIDA 33004 April 4, 2007 Becker& Poliakoff P. AC. :] PO Box 9057 Fort Lauderdale, FL 33310-7948 Re: Broward International Commerce Center Dear Mr. Burg: On January 9th, 2007 we met with Chris Kerr Property Manager and Jerry Knight the attorney representing Broward International Commerce Center at their request. They have acquired the property to the south of us facing Bryan Road. They are proposing and requesting a zone change from the city of Dania Beach from commercial zone C-3 to C- 4. Allowing C-4 enables them automatic commercial warehouses and opening the doors to future manufacturing and or automotive work etc. which is not favorable for our community of private homes. After some brief research on our part we object to this zone change and are requesting your assistance in this matter. Sincerely yours, Danielle Ccrny, Property Manager Phone:(954)922.0984 Fax: (954)922.9440 MAY i iUi OCEAN ; .:.,1� t' r ; l i�l311itiitlJ WATERWAY Property,Manager Depar117 Ai1ei Ocean Waterway Mobile Home Park Oceaa Waterway Co-op, c.In Resident Owned Community xeanwaierway®belhoulh ner Phone(954) 922-0984 !' Fax (954)922A f440 .•� !�, _ - OC Ocean Waterway Mobile Home Park WATT EER W N WWAY Ocean Watem ay Co-op Inc. I i00 OLD GRIFFIN ROAD Resident O uied Comnnmh% DANIA, FLORIDA 33004 Q 0 P May 3, 2007 Becker&Poliakoff, P.A. Mr. Lee Burg 3131 Sterling Road Fort Lauderdale, FL 33312 Re: Broward International Commerce Center Development Agreement Dear Mr. Burg: Following our conversation of April 24, 2007 the board members are asking that they maintain C-3 status, no noise, no pollutants, no chemical odors, no body shop, no mechanical repair shops and any other issues that you feel should be implemented. If we agree to a development agreement, upon sale of property is the agreement biding with new owners? Thank you again for your assistance. Sincerely, Danielle Cerny, Property Ntanage ,1Ay i 2001 I1tli�+ a9 o;r9artlr ant This instrument prepared by: INSTR#107351348 Thomas J. Ansbro, Esq. RECOR ED 08/31�/0781220a17 City Attorney for BROWARD COUNTY COMMISSION DPUTY City of Dania Beach #1E 5 P gesLERK 1923 100 West Dania Beach Blvd. Dania Beach, FL 33004 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS ("Covenants") made on Ao&us T Z F3 1 2007, by BROWARD INTERNATIONAL COMMERCE PARK, LIMITED PARTNERSHIP, a Michigan limited partnership, with a post office address at 280 Bryan Road, Dania Beach, Florida 33004 ("Owner"), shall be and is for the benefit of THE CITY OF DANIA BEACH, a political subdivision of the State of Florida, with a post office address at 100 West Dania Beach Boulevard, Dania Beach, FL 33004 ("City"). WHEREAS, the Owner is the fee simple owner of the property more particularly described in Exhibit A ("Property"); and WHEREAS, the Owner has received approval of a rezoning application from the City Commission of the City of Dania Beach changing the zoning designation of the Property from C-3 to C-4 ("Rezoning"); and WHEREAS, the Owner voluntarily agrees to grant these Covenants to the City in order to place certain restrictions upon the Property, in connection with the grant of the Rezoning; NOW, THEREFORE, in consideration of the promises and covenants contained in these Covenants, Owner declares that the Property shall be owned, held, used and occupied subject to the covenants, restrictions and regulations set forth below, all of which shall run with the Property and any part of it and which shall be binding upon all parties having any right, title or interest in the Property or any part of it. 1. Recitations. The recitations set forth above are true and correct and are incorporated into these Covenants by this reference. 2. Restriction. A. Owner acknowledges and agrees that the following uses shall be prohibited on the Property: (1) Churches, synagogues, houses of worship; and I0000W3.DOC v.38/27/2007 01:15PNI} (2) Outdoor live entertainment. B. Owner acknowledges and agrees that the following uses shall be prohibited on that portion of the Property located within one hundred fifty feet (150') of the north boundary of the Property: (1) Dry cleaning plants (drop off and pick up are permitted); (2) Fortune tellers, palmists, clairvoyants, or astrologists; (3) Automobile body shops; and (4) Commercial print shops. 3. Benefit and Amendment to Covenants. These Covenants shall be for the benefit of and shall run in favor of the City. These Covenants shall run with the land and shall be binding upon all parties taking title through the undersigned from the date these Covenants are recorded in the Public Records of Broward County, Florida. These Covenants may be amended or removed only by a written document of equal dignity approved in writing by the City. 4. Remedy for Breach. Any breach, as determined by the City, of this Declaration shall justify and allow the City to apply to any court of law or equity having jurisdiction for an injunction or other proper relief, and if such relief be granted, the court may, in its discretion, award to the City in any such action, the reasonable expenses in prosecuting the suit, including reasonable attorney fees and legal costs. 5. No Waiver of Breach. In the event of any breach of any provisions of these Covenants, any delay or failure on the part of the City to exercise any rights, powers or remedies provided in this document shall not be construed as a waiver of them or acquiescence in them. 6. Amendments. These Covenants shall not be modified, amended or released as to all or any portion of the Property except by written instrument, executed by Owner of the Property and approved in writing by the City. Any amendment, modification or release of these Covenants shall be recorded by the City in the Public Records of Broward County, Florida at Owner's expense. 7. Recording of Persons Bound. These Covenants shall be recorded in the Public Records of Broward County for the sole benefit of the City and shall bind Owner and all occupants of the property and all heirs, successors and assigns to the title of the Property. It shall be recorded by the City at Owner's expense. 8. Effective Date. This Declaration of Restrictive Covenants is effective retroactive to August 28, 2007, the date the Rezoning was granted. 9. Captions, Headings and Titles. Articles, paragraph captions, headings and titles inserted throughout these Covenants are intended as a matter of convenience only and in no t00005553.DOC v.3 8/21/2007 02:43 PM} 2 way shall such captions, headings or titles define, limit or in any way affect the subject matter or any of the terms and provisions of these Covenants. 10. Context. Whenever the context requires or admits, any pronoun used in these Covenants may be deemed to mean the corresponding masculine, feminine or neuter form and the singular form of any nouns or pronouns may be deemed to mean the corresponding plural form and vice versa. 11. Applicable Law and Venue. These Covenants shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning these Covenants shall be in Broward County, Florida. IN WITNESS OF THE FOREGOING, the Owner has executed this Declaration of Restrictive Covenants on the date first above written, effective on the date specified above. OWNER: WITNESSES: BROWARD INTERNATIONAL COMMERCE PARK, LIMITED PARTNERSHIP, a Michigan limited partnership By: Danto Investment Company, a Michigan /-1 t corporation, its a era Partne Print Name: G J mes H. Danto, President u Pri Name: ,q E {00005553.DOC v.3 8/21/2007 02:43 PM) 3 ACKNOWLEDGEMENT STATE OF ordv ) )SS: COUNTY OF ,LaaL ) I CERTIFY that on this day, before me, an officer duly authorized in the State and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by James H. Danto as President of Danto Investment Company, a Michigan corporation, the General Partner of BROWARD INTERNATIONAL COMMERCE PARK, LIMITED PARTNERSHIP, a Michigan limited partnership, on behalf of the Owner of the Property identified above. He irsonally known to me (or produced as identificatlon). WITNESS my hand and official seal in the County and State identified above on g 12007. a a�rxkS�� My commission expires: Notary Public ..............CwWV...4 KEKEM i a is,,,aieON�=-454g i................. {00005553.DOC v.3 8/21/2007 02:43 PM} 4 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Tract "A" less and except the South 710 feet thereof, "RE-AMENDED PLAT OF HOLLYWOOD PALMS", according to the Plat thereof, as recorded in Plat Book 36, Page 46, of the Public Records of Broward County, Florida. {00005553.DOC v.3 8/27/2007 01:15 PM}