HomeMy WebLinkAboutR-2014-107 Approved Request by Sheridan House, Inc. for a modification and Amendment to the Declaration of Restrictive Covenants for property at 4200 SW 54 Court RESOLUTION NO. 2014-107
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY
SHERIDAN HOUSE, INC. FOR A MODIFICATION AND AMENDMENT TO
THE DECLARATION OF RESTRICTIVE COVENANTS RECORDED IN
BROWARD COUNTY PUBLIC RECORDS, BOOK 45675, AT PAGE 701,
FOR PROPERTY LOCATED AT 4200 S.W. 54TH COURT IN DANIA BEACH,
FLORIDA; PROVIDING FOR AUTHORIZATION BY THE PROPER CITY
OFFICIALS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Sheridan House, Inc. (the "Owner") holds fee simple title to approximately
6.4 acres of real property located at 4200 S.W. 54 h Court (Parcel A on the Sheridan House Plat,
Plat Book 105, at page 50 of the Public Records of Broward County) in the City of Dania Beach,
Florida, as more particularly described in Exhibit "A" (the "Property"), a copy of which is
attached and by this reference is made a part of this Resolution; and
WHEREAS, a Declaration of Restrictive Covenants in favor of the City was recorded in
the Public Records of Broward County in Official Records Book 45675 at Page 701 (the
"Original Declaration"), which placed certain restrictions and conditions on the development of
the Property as shown in Exhibit`B", a copy of which is attached and by this reference is made a
part of this Resolution; and
WHEREAS, the Owner has proffered an Amended Declaration of Restrictive Covenants
(the "Amended Declaration") for the Property, as reflected in Exhibit"A" above; and
WHEREAS, the Amended Declaration provides for modifications and amendments as
follows: 1) amend paragraph 2(a) to allow a maximum of twelve (12.0) residential units to be
constructed on the Property; 2) remove paragraph 2(b)which requires that each residential unit is
conveyed as a condominium or a fee simple ownership; 3) remove paragraph 2(c) which limits
the ability of any owner to rent, lease, or offer the Property for occupancy to a non-owner for less
than one (1) year; 4) amend paragraph 3(a) to correct the Code section referenced in the original
Declaration from Section 19-17 to 19-71; and 5) remove language from paragraph 3(b) which
requires the payment of Fifty Thousand Dollars ($50,000.00) to be used for physical
improvements to the public park located on the Property, as referenced in paragraph 3(b); and
WHEREAS, the Original Declaration still imposes a number of obligations upon the
Owner, its successors or assigns, which must be satisfied prior to and concurrent with any
development of the Property; and
WHEREAS, the Original Declaration provides that future modifications and
amendments may be made pursuant to written instrument executed by both the Owner and the
City; and
WHEREAS, the Original Declaration remains in full force and effect; and
WHEREAS, to the extent of any inconsistency between the terms of the Amended
Declaration and the terms of the Original Declaration, the terms of the Amended Declaration
shall supersede and control to the extent of such inconsistency; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the residents of the City;
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and incorporated as the
legislative intent of this Resolution.
Section 2. That the City Commission approves the Amended Declaration of
Restrictive Covenants as referenced in Exhibit "A," which is attached, made a part of and
incorporated into this Resolution by this reference.
Section 3. That the proper City officials are authorized to accept the Amended
Declaration of Restrictive Covenants, in substantially the attached form, and to execute any
additional documents necessary to implement the terms and conditions of the Amended
Declaration of Restrictive Covenants as may be acceptable to the City Manager and approved as
to form and legality by the City Attorney.
Section 4. That the City or Owner, if so requested by the City Clerk, shall record this
Resolution in the Public Records of Broward County, Florida, at the Owner's sole expense.
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
2 RESOLUTION#2014-107
Section 6. That this Resolution shall be in full force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED on November 18, 2014.
ATTEST: ��,twIs Fr T
LOUISE STILSON, CMC , , O A. LVINO, SR.
CITY CLERK AYOR
APPROVED AS O FORM AND CORRECTNESS:
THO AS J. ANS
CITY ATTORNEY
3 RESOLUTION#2014-107
EXHIBIT
A
This Instrument Prepared by and after Recording
return to:
AIicia Lewis,Esq.
Greenspoon Marder,P.A.
200 East Broward Blvd. Suite 1800
Fort Lauderdale,FL 33301
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
AMENDMENT TO DECLARATION OF RESTRICTIVE
COVENANTS
THIS AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
("Amendment")is made and entered into this of ,2014,by SHERIDAN
HOUSE, INC., a Florida corporation, having an address of 1700 South Flamingo Road, Davie,
Florida,3 3 325("Declarant"),for the benefit of the CITY OF DANIA BEACH,a Florida municipal
corporation, its successors and assigns, with a post office address at 100 West Dania Beach
Boulevard,Dania Beach,Florida 33004 ("City").
WITNESSETH:
WHEREAS, Declarant caused to be recorded in the Official Records of Broward County,
Florida,Book 45675 at Page 701 that certain Declaration of Restrictive Covenants between the City
and Declarant("Original Declaration"); and
WHEREAS, the parties hereto agree to amend the Original Declaration as set forth in this
Amendment.
NOW,THEREFORE,in consideration of the promises and covenants herein contained,the
City and Declarant hereby amend the Original Declaration as follows.
1. The recitals set forth are true and correct and are incorporated into this Amendment
by reference.
2. The Original Declaration as amended by this Amendment remains in full force and
effect.To the extent of any inconsistency between the terms of this Amendment and the
terms of the Original Declaration, the terms of this Amendment shall supersede and
control to the extent of such inconsistency. Capitalized terms not otherwise defined
herein shall have the meaning set forth in the Original Declaration.
3. Paragraph 2(a)of the Original Declaration is hereby deleted in its entirety and shall
be replaced with the following language:
No more than twelve (12)residential units per acre shall be constructed upon the
Property.
4. Paragraph 2(b) of the Original Declaration is hereby deleted in its entirety.
FTL:1782363:4
20183891v2 1
I
I
5. Paragraph 2(c) of the Original Declaration is hereby deleted in its entirety.
6. Paragraph 3(a)of the Original Declaration is hereby deleted in its entirety and
shall be replaced with the following language:
Dedicate for the benefit of the City certain land for use as a public park,in accordance
with Section 19-71 of the City of Dania Beach Code of Ordinances("Park Parcel"). The
dedication of the Park Parcel shall not be required prior to site plan submittal for the
development of the Property,as further required herein,but is required before issuance of
a building permit.
7. Paragraph 3(b) of the Original Declaration is hereby deleted in its entirety.
8. This Amendment may be executed in one or more counterparts,each of which
shall be deemed an original, and all of which together will constitute one and the
same instrument.
9. This Amendment shall not become effective and shall not be recorded in the Public
Records of Broward County,Florida,until approved by the City(including the expiration
of all appeal periods).
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKJ
(SIGNATURE PAGE FOLL0WSJ
FTL:t 782363:4
20183891v2 2
IN WITNESS WHEREOF, Declarant has executed this Declaration on the day first above
written.
WITNESSES: DECLARANT:
SHERIDAN HOUSE,Inc., a Florida
Print Name: corporation
By:
Print Name: Name:
Title:
STATE OF FLORIDA )
SS:
COUNTY OF )
I HEREBY CERTIFY that on this day,before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by ,the of SHERIDAN
HOUSE,INC.,a Florida corporation,freely and voluntarily under authority duly vested in him/her
by said corporation and that the seal affixed thereto is the true corporate seal of said corporation.
He/she is personally known to me or who has produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this day of
12014.
Notary Public
Typed,printed or stamped name of Notary Public
My Commission Expires:
Fn:1782363:4
2o193a9M 3
.......... ------ -------
j.
EXHIBIT
«B»
CFN N 108137151, OR Brt 45675 Sago 701, Most I of .6, R000rded 09/12/2008 at
09:21 AN, BroTrard County. Commission, Deputy.Clark. 2030
i
i
i
j
j
i
wiwn w M�Nereara..e.YgN del
.Norma 11opc W.Calhoun,Hsq.
Auden,Mcabsky
Addreot 200 East B.rowatd Boulevard,13ie Floor
Port Lauderdale,PI 33301
This Isetrument Prepared byt
Deborah M.MoTigue,Esquire
Ruden,MoClosl%Smith,
Schuster&Russell,P.A.
200 Just Browatd Boulevard
131h Floor
Fort Lauderdale,Florida 33301
WAM A-TNn Fun MEMO a TA r CKA,OVa Tma LWa Ta PROC9ffiWqA1rA
T. t LRan
U-CONENAN
CT (. .owc -
_ 2 ,bySH IOL3S8. on
p u
the 1ANL4, p A. pJ
a offio as a_ Bitch a .` s each,Flo'
33 ,wit the J03 an Consent o {"MoRmm").
WITNESSE H.-
WHEREAS,Declarant is the owneroftbat certain real property located in the City ofDania
Boaeh,Broward County,Florida,legally descAbod on Exhibit"A",.attached hereto and made apart
hereof(the"Property'),and
WHEREAS,Declarant has applied to the City of Dania Beach("City')to amend the'Future
LAmd Use Plan designation of the Propeety from Community Facility to Medium Residential
("Application")and City has approved said Application;And
WHEREAS,the Cityhas requested that Declarant voluntailymstrict the development ofthe
Property in conncetion with the.Citys approval of the Application;and
WHEREAS, Declarant has agreed that the Property shall be subject to the terms and
provisions of this Declaration as hmvinafter set forth,
NOW,THEREFORE,in consideration of the promises and covenants herein contained,
Declarant hereby declares that,the Property shall be owned,held,used,transferred,sold,convcyod,
demised and occupied subject to the covenants and reatrictions hewinaller set forth,all of which
shall run with such Properly and eeypart thereof and which shall be binding upon all parties having
any right,title or intereat in stitch Properly or any part thereof their heirs,successors and assigns.
1• ReciteGons.The recitations set forth above are true and correct and are incorporated
into this Declaration by this referent:
FTL:tra236.T,µ:
' bu
1
I
Ca'N N 108137151, OR EX 45675 PG 702, Page 2 of. 6 i
i
2. Prooertv 1]evelomtrent. Declarant hereby declares the following in connection with
ft development ofthe Property:
e. No mote than twelve(12)residential units per acne shall be construclod upon the
ProPerty;provided,however,up to a notiimum oftbirteen point five(13.5)residential units perscre
my be constructed upon the Property if such units are constructed with a two(2)car ground floor
gang&
b. Each residential unit shall.be conveyed subject to a condominium or as.a fec.simple
form of uwncrs*.
I
C. No owner of any residential unit shalt be pannitted to rant lease or otherwise offer
such residential unit.for occupancy to any non•ownor for a tenn of lee than or.(1)yet.
d. No residential building shill exreW thitty-rive(35)feet in hoiight above avwagsVode,
B a � igitting, hot i nt r li
M the Val
of
�'"` e 1 he 2.
l fary�"µ'� '
I�with uun
1`1 opfn I fqr� dev of tE�
n,:pe i1t requi t i ga�it�cdblo
b. Dedicate Hinds in the amount of fifty thousand dollars(S50,000.00)to the City to
faollhate the construction of physical improvements to the Park Parcel as determined by the City's
Parks and Recreation Department recommendations, Payment of Uta flwds required by this section
strap not be due to the City prior.to site plan submittal for the development of the Property,as further
required homin,but is required before nonce nce of a building posmit
o, Rezone the Property consistent with the Planned Residential District-1 designation.
concurrently with Dechm ant's application to the City for site plan approval,
4. Amendmants.Tbis.ikciarmionshall not bemodified,amended ormleased,axeeplby
written inaltwaeni executed by Declarant and the City.
5. Recordation sod Eti'edivo Date. This"ietrumem shall not become efrective-until
recorded in the Public Records of Broward County,Florida,. Once rccun rid,this Declaration shall.
run with tho Property for the sole benefit of the City and shall bind all successors and assigns of
Declarant holding title to any portion of the Property.
6. Sevembi3itv. if any court of competent jurisdiction shall declare any section,
paragraph or pan thereof invalid!or unenibm=bh,thee such judgruent or decree.shalf have no effect
on the eaibrcemW or validity of any other section,patagraph or part horoo&and 16.same shalli
rerwirt in J60 force and effect.
7. Coom.Headings and Tilles. Articles and paragraph.captions,headings and tides
Inserted throughout tlds Declatadon are lateaded as a trotter ofconvmderoe only and in no way SIMI:
Flt:t7a?J6:lM
2
CFM N 108131151, OR BK 16675 RG 703, Page 3 of 6
i
such captions,headings or Was define;limit or in.any way affect the subject matter or any of the
teams and provisions thereunder or the terms and provisions of this Declaration
S. Sift.VAwnever the corAwd regulres.or admits,any pronoun used herein maybe
deerned to mean the cotrapeading raescalir4 krainine or neuter form thiveof,and the singularfam
ofany,nouns or pronowns herein maybe deemed to mean the corresponding plural form dmvofmd
vice.yam
9. Waiver, No waiver of any of the provisions of this Declaration shall be effeedve
unless it is in writing;signed by the party against whom it Is asserted and any such waiver aball only
be applicable to lbe speeifie instance in which it relates and shall not be demmed to be acontirtu ft or
@pure waiver.
30, 0oveming LAW and 5dection fn Fors This Decbtntim WWI be governed by sad
conairued in accordance with We,laws of the State of Florida and:venue for any litigation arising
ereunder awl be Browsed Cou FloriddL
lr itraIwo be bk
�
a tm3Cs through trial a�pallete nti jug arbi
� 1 'rytiO�Ud�1 and . ►gs' t ing
i.
t6osn parts with �aYhe 1prbrDUS ,
agresments,.understandinge,representations and statements,oral orwritten,are merged intp this
Declaration.
13. FudWm Anurmce. The parties herdo agree to execute such Rather docwnedts as
may be reasonably requested by the other to carry out the intent and purpose of this Declaration.
14. $ Byer,Any breach,as detemilned by-the City,of this Declaration shall
justify and allow the City to apply to any court of law or equity having jurisdiction for wirduactionor
other proper relief,and if such relief is granted,the court may,in its disco"award to the City in
such action,the tessm. ble expenses in prosecuting the suit,including reasonable attorney foes and
costs.
[ME A&MA NDER OF THIS PA 09 INTAMONA LZ Y LvT BLANKj.
(SIGN.4MAE PAGESFOLLOIVJ
p71.476p90ey
3
t.
CFN ii 108137151, OR SK 45675 PC 704, Page 4 of 6
IN WITNESS WHEREOF,Declatum has executed this Declaration on the day first above
written.
WITNESSES: DECLARANT:
SHl RIDAN HOUSE,Inc„a Fiorida
Print Noma: AV_,4!/. corpustion
Prim Name: j2 ,bD gha.diows]I
T$le• `
i.,
I�t� C� [i���.asine, n o iRra.,
fureslx ! lad(�& . odds: d vo d hirnMerbyLJ
said emporstion and ti>at.the seal affixed thereto is the true corporate scat of said earporadon.
HgJahe is oersnnel v iwutame orwho has produced LI q as idecd8cadott,
WITNESS ttgr hand and official seal in the County and State laet.aforea id this jj'kyof
...�USIr._...._,2008.
Notary Public
'�elma.I.. �4., +1oiaetl
Typed,printed or stamped same of Notary Public
My Cammissio4 Expires:
Isttsiwnttlosial.
M400►aarsgltf a08RN
FT076063A
4
I
i
i
j
i
r
i
CrN it 108131151, OR SK 45675 PG 705, ma9a 5 of 6
JOINDER AND CONSENT OF MORTGAGEE
(•Mortgagee"),as aedbolder
of (f)that >n Mortgage,Assignment of Lasses and Rents,and Agmensent ffom.
r000rtkd .m Omoist Records at Pegs
(i�that cartain UCC-I Final Stawment ed. .in
Official Rworda 8 at Page t all offhp Public. cords ofBrowetd County,
Florida(collectivoly,6111 Documents),does hereby consort to matrictton set fact in this
bechuatiou and subordina the Loan Dowmenta to etch Doc
WITNESSES; MORTGAGEE;
Title4, d
ed
STATE OF )
)SS
COUNTY.OF )
i HEREBY CERTIFY that thin day,beforeme,.est cerduly autlrorW in the state
aforesaid and In the County of id to take acknowledgments, foregoing instrument waa
acimowledgad before me by ,as of
freely and voluntarily under aut duly vested b him by said
Mortgagee. HeMw Is p. ally known to me.or has produced as
idenfilication.
WITNESS my and official meal'in the County and State last of obis day
Notary Pubk State of Florida at a
Typed,Printed or Stamped Name ofN Public
MY Can» it Expbes:
9r82i09Y
S
i
CFN N 10619715i., OR HK 45675 VG 706, Page 6 of 6
i
i
i
&7tHIH1T"A"
THE PROPERTY
Parcel A.Shadden House Plat,aceording to the Plat thereof,as recorded in Plat
Book 105,pegs 50,of the Public Rw"&of Smward County,Fbride.
HO CL: �` ?1 N ('
'' T A N_.� �.�
F F C1.A L (07" P�Y
F7L;17a2MA
6