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HomeMy WebLinkAboutR-2016-053 Approves Request Submitted by Sheridan House Baptist Church for Modification, Amendment & Restatement of Declaration of Restrictive Covenants (BC Public Records Book 45675) 4200 SW 54th Ct. RESOLUTION NO. 2016-053 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY SHERIDAN HOUSE BAPTIST CHURCH, INC. FOR A MODIFICATION, AMENDMENT, AND RESTATEMENT OF 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 Baptist Church, Inc. (the "Owner") holds fee simple title to approximately 6.4 acres of real property located at 4200 S.W. 54" 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 Exhibit 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 City previously adopted Resolution 2014-107, which approved certain modifications and amendments to the Original Declaration; and WHEREAS, the modifications and amendments approved in Resolution 2014-107 have never been executed or recorded; and WHEREAS, the Owner has proffered a Restated Declaration of Restrictive Covenants (the "Restated Declaration") for the Property, as shown in Exhibit "C", a copy of which is attached and by this reference is made a part of this Resolution; and WHEREAS, the Restated Declaration incorporates the previously approved modifications and amendments of the Original Declaration 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 to be 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 Sections 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 Restated Declaration further amends and modifies the Original Declaration by removing the requirement that the Property be rezoned to the City's Planned Residential District-1 zoning district; and WHEREAS, the remaining provisions from Original Declaration have all been reincorporated in the Restated Declaration and still impose 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 Restated Declaration replaces the Original Declaration, which shall no longer remain in effect; 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 Restated Declaration of Restrictive Covenants as referenced in Exhibit"C." Section 3. That the proper City officials are authorized to accept the Restated Declaration of Restrictive Covenants, in substantially the attached form, and to execute any additional documents necessary to implement the terms and conditions of the Restated Declaration of Restrictive Covenants as may be acceptable to the City Manager and approved as to form and legality by the City Attorney. 2 RESOLUTION#2016-053 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, and specifically Resolution 2014-107, are repealed to the extent of such conflict. Section 6. That this Resolution shall be in full force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on May 10, 2016. ATTEST: �o�AAv`s Flr oir� m LOUISE STILSON, CMC O A. SALVINO, SR. CITY CLERK NKYOR APPROVED AS TO FO AND CORRECTNESS: THOMAS J. ANSBR CITY ATTORNEY 3 RESOLUTION#2016-053 EXHIBIT "A" THE PROPERTY Parcel A, Sheridan House Plat, according to the Plat thereof, as recorded in Plat Book 105, Page 50, of the Public Records of Broward County, Florida. 4 RESOLUTION#2016-053 EXHIBIT "B" ORIGINAL DECLARATION 5 RESOLUTION#2016-053 EXHIBIT "C" RESTATED DECLARATION 6 RESOLUTION#2016-053 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 himJher 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 band and official seal in the County and State last aforesaid this day of T^,2014. Notary Public Typed,printed or stamped name of Notary Public My Commission Expires: F1 L-1782363:4 70183891v2 3 S. Paragraph 2(c)of the Original Declaration is hereby deleted in its entirety. b. 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 1.9-71 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. S. 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). [TIE REMAINDER OF TINS PAGE INTENTIONALL Y LEFT BLANK) [SIGNATURE PAGE FOLLOWS] FTL:t782MA 701$3991r2 2 EXROff A This Instrument Prepared by and after Recording rctnrn to: Alicia Lewis,Esq. rreenspoon Marder,P.A. 200 East Broward Blvd.Suite 1800 Fort Lauderdale,FL 33301 SPACE AHo'VE TRES LIME FOR PROCZMWG DATA SPACE ABOV19 THIS LIM FOR PROMSSIING DATA AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS THIS AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS ("Amendment")is made and entered into this of ,201.4,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'j. 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'j; and WHEREAS,the parties hereto agree to amend the Original Declaration as set forth in this Amendment. NOW,THEREFORE,in consideration ofthe 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. Fn:1782363:4 20183891v2 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: ohs LOUISE STILSON, CMC 1 O A.%AEVINO, SR. CITY CLERK YOR APPROVEDZASO FORMA AND CORRECTNESS: THO S i. CITY ATTORNEY 3 RESOLUTION 42014-107 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 Properly; 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 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. 54"'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. 54t`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 ......... ............ _. . EXHIBIT "B" i CFN i 108137131, oR Ex ds67s Page 701, gage 1 of .6, Racardesd 09/12/2000 at i 09:21 AN, Drovard County Co maii.asi.on, Deputy.Clark. 2030 r eNlym M pntl� 1wd Mai rnl�d N• H%o W.Caumn,84 Auden.lM cOoft Addreor 2Q0 Fst SFotir W 800lawrd,150 pkw Fort Lauderdals,F)W01 Tate laetrhedteht PMPM d tr Dedrerah M.Mo'1'IPe,t aFfre Rt",MoClos ,Sniff. Sotntsur&Rawl,P.A. '200 SW @rowed 8etulewd 13111 Fluor. 'Fwl LeadenNe.Florida 3330. eur;►chc. Tau rwIMT4 �aseveehees r+ar i is S► ,2 bySH $, they a AMA da pv 33 W1 the iaethdera MA WITlNBSSti'I'H; 'WR REAS,Declarant is tic ownerofdhat cortain real property located in the City ofDanis $oath,Broward County,Florida,hgdiy deoeiibod on"bh W..attached heeew and Made aft her00f(this"Property');and VMEREA5,Deolarant has applied to the City of Dania Beach("City')la mend the'Futures. Land Use Plan den#gnstioa_nf the property from community Fadlio to Malh=Residential ("Applicatierh*)and.City has approved said Applicstiow,and WHtlxMM.the Cityhen requested that Dodwast vohrntwOymehict the dovelopmaent ofdn PfoWy in cOneroction with the.Citys approval of th a Applicadon;'and WHEREAS, Declarant has agreed the!the Property than be zabjesct to the tigum aW provisions of thin Declaration a4 he raioailer set fitrth. NOW,THB1i MRIr,3n eonsidetation of the promsea and•eoverna s he rrJA e:oAtr<ined, Dodarant hereby deWmea OW&a Property shall be owned,betel,used,train bnvd,odd,eonvoyod, dantlse d and ccoupie d aubjoot to the c¢vmsrets and rg%tr/,etiosss Ihexeiinsaer ad hr4 alt of which $hall tun with such Prope*and uypwt thereof an0 w1dah shill be binding Man all parties having my rlg)ht,title Of it bMA to such ftpeptyy or any pare thcreo&their Wm succ essoes and Assigns. I. �,The rex�iotta tat forth above era true and txtisect apd are ithcnrparated into this Declaration by thin rofwance:, l � i I r i I F ' i 4 i CFU iM 108137151, OR BBC 45675 •Pr, 702, 140 2 of. 5 i i 2. Daolararrt hemby declares the tl&Wing in OmAerdas►►dh the develop mat ofthe Property: I a No mm than tvetvc(12)reaidcaiial melts par acne shall be canAmmed upon the Property;p;osidod,kWuve4 up to ri Mmudtntttt ofthltteat pok*f v(13A mildmW wilt Per.sim MY be WWftudW epos to Prop ly irmach units are caraducmi with a two(2)car,stnuad 11oor gange. I I i b� isttch residential unit sha11.be oortveypd sul;Jset to r aortaiorrtisitrm or as.a fee.simple form of mmership. C. No owner of any residential unit shall be permitted to rem,°.lease or of mwise aft such re WCMW unit.ibr oCCupasey to say aeon-aw+toe for a tcm•of leas than ww(1)Yost. d. No mWo.teat bdiWb g tcball exceW t ly-rm p57 Axe m bq# we.wtt p V&i, a iEbtinf. t In Cal j tthe ei of /'�` teaE he o rwith a �of E phtt11 f the,:M�. regtt Yt+ ( b. Dedicate ids is the nrtdotatt of idly dromaod duns%M,ODDM)to the Ctty to it ORata the coattrnclica of pbYskW impmernents to the Park Parcel n dalanplued by the no Parka and RsMWICn DepartMrg recommmdatiot.payment of the Aumix required by this.;aawion sha11 mt be due to the City wbr.to site Plan ntbrnittal kw the devokp%eat of the Prq mly,m(imhei required haairk but is miunkrd batons 6mmce of a buNing pmult o. Rettoae the Proputy oomistmtI wlih the Pkmed tiaidentiat D7 shr,-t das3gmtitw cmx=mmly with Dedmwt%application to dw City for site plan approyat. 4. Ammdo Thls.Deelsration shall not be moditled,ammuded or released,except by written iintrumnard exaeew by lMok mat end the-City. S. RMOMIJiM RM EffiElIlW This'ioatrwum ship trot bec om efibcct4w until reoorded bi the Public.Rscor ds of BmwaW County,FWWa.. Om*ru=*d,:hit DvcLratiats sag. rm with thb Property ibr On sole board of the City sad shah bigd sII wrcoamn mad assigns pf -Declarant hokting We to any pord4n of the P2aperty. 6. may, if may,am of competent ja iwictba sltall deckm am me xkxk paragraph ar pert*Cmf st"lid or rasen6onxabte,thou such judpment or darxm—da lave m eifi:er ax the eaitaoemerd or valkilty of any other seed^pmgMb or part herpo&sad tbe.mme shelf. rernaia ID Wl Por! -OW sffti. 7. grtUm and pnaV*.Captioms,hosdium sad titles igaetsed throteghout this Drrdaralicu ant leteetied as a batter of ooaverderrce only end itt a4 wry slat. rrri:trtzta�t 2 i a , CIM f 108137151, OR sK 41567% Rti 703, ftoa 3 of 6 i i such eaptiotts,heap er Cities defnx;limit ar in.wW way a f%ot die subject muster or any of dw teams and pmviaiona thmunder at ft terms astd provlsioM of tliil bWbn*dM 8. �.Wltetterer the otutt�eott t�egtdres.or admitp,aaypsonaun tried bash stay he deetAed�6o atean the oosrattptdittg tnasca4i�ii�iobte or peut+s[�tlianmf,at►ri the+tin;ntrrferm of any nomu or pmaotata lienin may be deemed b mean the cacsatpdn ft plural form dierectand. vice.VOM S. $CAb% No waiver of any of the prwAsims of tags Dechrallm O&U be of Wdve unlde it.is in wri&&sighed by the"apinst wham it is averted and am awl waiver doll only be spilambWo!!to:paei.+ie inacrpr iR wh eh it rt hws and steal not be de=W fa be aG DCittli4 or OWN Waiver. j 10. OwnMins 1AW 'Page D'ae W d W aho11 bo pyamed by and eo lnmd in WmOrdMws V*A the,bm of the$tare of fletida-and:'renue-ter any litigation a Wag I F shall be Bmwaed. Carle i �t be j � t>gh tt�f-ti�pailate ju arbi With a eureia 1 D and atatesnonfa erai ar wriitteat,an�d�the eclaraticaL 13. Fudbm Aummm.1rae.partics hacto agtne to execm ateh tFulhier dowumts as may he reasonably requesited by the other to euq out the intent and putpoao of Ws.Deciwstion. 14. AMH*firgmsh.Anytmaoh,as tfaeunisted by.tae City,ot9da Declaration shall Justify ad allow ft City to apply to OW cow of law or%quits+h*Wng;jwia&ctkn for an i*wctlott or vtber proprxscti ,,mod if watt rolietlo VanUd,the court may,is irm discretion.award W tim Cary iu � such wim the rcaaana*expenses im pracmtk g the suit,lockdittg seasaswble anuawy foes and coats. frH,VAS"taO ER OF MIS PAGRI'7v7Y1N7T0J4GlUrLEPrALOW MGNA77f31a8 PAGlSS1oOU.ON) i i �tt..°tt4e�9e� 3 i i i t f i Ei i s a t sF Y 109137151, 00 SK 413675 Pa 704, Pago 4 of 6 i E i IN WMESS wxeR",neoimsnt has ooceaafed tblm DwJwattoa on the day tint eiw c writlerz. wrillwo :- err. SliUMAN lMMIS ,Inc..a Florida Prfit Naspe MI-11-ttion Prim Note 'R .l!Qp_ 8l►; 'Q.Cbtrr> 'IiPlrlel 'T AN li)u A.. � rho F amavo bbnAwby raid carporatioa and lb-the seal ai36ted thuetn h the ante amparaft HOW il.1?ffi�lidtll��AM or wbo has psvduced to r sea!�w widwdaefism WITNEW>W hand and olticlal seal its the Caoamty ttad State lW aWauld this 29!tlayof 200S. 40 Notoy l"UbHC i IA e i f Typal.printed or dpn*od aim afNotary Public My ccnurrklbi Fvku: L RialaOlE i FTLITTIlaDA ' 4 I I f� f t E i I t i f i t�'sT d 1011t37151, Opt WC 45673 PC 703, Vaya, S.of 6 i i JOINDEIC AND CONMENT OF MMTGAGEA I OE (l)tbst L Mortpr,AaWW40 of I.eaaes and Rants,ad ��' Aremuft Mom. i i teportled ,io t71E>iaial Reoos+da .at Page C�teat osrtain Ucc-1 i mwAq. 01it ad Omdet Reearda 8 at Page y„all 4fthE Ptrbllc. conlo ofErowiwd County, Florido(eolleadvelA. Documents),doer Mroby Canaad to rfricdiaa set forth is do becbndon and su the Lost'DoawaaW to wob, WITNEWE$t MORTGAO X) I I 4LEE I gY c - py STATE OF } COUNrY.OF A I HFAMY CERTIFY lane Rtis-dsy,before me,.an en defy aolvorytodia-the stele aforesaid and im the Co" id ai bike sokww*dVm wna, rorsgoing instromeat wjw rolmmWedpd befo a mo by .as or fn Wy and vonntadly wrdor mtbo dilly Vatted In him by 9 dd- Mo : is p- y k_noe►n 10 a1a.or has paocbe=d kas idemitkatton, 1 WITNESS my and offtial acel in the County and Sotto last this day or . Notacy Public,$ptpe ol'Bloeida se TwW,PfWed or Named Nam or Powio Ady Expires: °trataae� j s- ... .... ... . ! l CFN Y 108197151, OR BA 45675 va 706E Page o of 6 i i 1 THE PRt .TY Pawd A.BlwWw Howe Pbt,wmdiq to the Plat thweof,m marled in Plat Book 105,Pace 50,of tbo PuMc Rocarb of Browwd CmwWy,Fio W& �. TIn ._ N NN ' r J P .� . lI.AL0 a FT1.IM2353A 6 This Instrument Prepared by and after Recording return to: Steven Wherry,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 FIRST RESTATED DECLARATION OF RESTRICTIVE COVENANTS THIS FIRST RESTATED DECLARATION OF RESTRICTIVE COVENANTS ("Restated Declaration") is made and entered into this of , 2016, by SHERIDAN HOUSE, INC., a Florida corporation, having an address of 1700 South Flamingo Road, Davie, Florida, 33325 ("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 is the owner of that certain real property located in the City of Dania Beach,Broward County,Florida,legally described on Exhibit"A",attached hereto and made a part hereof(the"Property"); WHEREAS,Declarant caused to be recorded in Official Records Book 45675 at Page 701 of the Public Records of Broward County, Florida that certain Declaration of Restrictive Covenants between the City and Declarant, attached hereto and made a part hereof as Exhibit"B" ("Original Declaration"); WHEREAS, the City passed and adopted Resolution No. 2014-107, which authorized the proper City officials to accept and execute an instrument to be recorded that would modify and amend the Original Declaration(the"Modification"); WHEREAS,neither the Declarant nor anyone representing the City has to this time accepted, executed, or recorded the Modification; WHEREAS, the parties hereto desire that the Original Declaration, together with the substance of the Modification,be further amended to eliminate the provision requiring under certain circumstances a rezoning to the City's Planned Residential District-1 zoning district; WHEREAS,the parties hereto desire to simplify interpretation of the Original Declaration and all later approved changes thereto by and through this Restated Declaration; WHEREAS,the parties hereto agree to restate and amend the Original Declaration; and WHEREAS, the parties hereto agree that the Property shall be subject to the terms and provisions of this Restated Declaration as hereinafter set forth. 1 NOW, THEREFORE, in consideration of the promises and covenants herein contained, Declarant hereby declares that the Property shall be owned,held,used,transferred, sold,conveyed, demised and occupied subject to the covenants and restrictions hereinafter set forth, all of which shall run with such Property and any part thereof and which shall be binding upon all parties having any right,title or interest in such Property or any part thereof,their heirs, successors and assigns. 1. Recitations. The recitations set forth above are true and correct and are incorporated into this Restated Declaration by this reference. 2. Property Development. Declarant hereby declares the following in connection with the development of the Property: a. No more than twelve (12) residential units per acre shall be constructed upon the Property. b. [Deleted] C. [Deleted] d. No residential building shall exceed thirty-five (35) feet in height above average grade, excluding architectural features,parapets, lighting, equipment and utilities. 3. Development Obligations. In connection with the development of the Property, Declarant shall be obligated to: a. 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. b. [Deleted] C. [Deleted] 4. Amendments. This Restated Declaration shall not be modified,amended or released, except by written instrument executed by Declarant and the City. 5. Execution. This Restated Declaration 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. 6. Recordation and Effective Date. This instrument shall not be recorded until approved,accepted,and executed by the City(including the expiration of all appeal periods). This instrument shall not become effective until recorded in the Public Records of Broward County, Florida. Once recorded,this Restated Declaration shall run with the 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. 7. Severabilily. If any court of competent jurisdiction shall declare any section, paragraph or part thereof invalid or unenforceable,then such judgment or decree shall have no effect 2 on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. S. Captions,Headings and Titles. Articles and paragraph captions,headings and titles inserted throughout this Restated Declaration are intended as a matter of convenience only and in no way shall such captions,headings or titles define,limit or in any way affect the subject matter or any of the terms and provisions thereunder or the terms and provisions of this Restated Declaration. 9. Context. Whenever the context requires or admits,any pronoun used herein may be deemed to mean the corresponding masculine,feminine or neuter form thereof,and the singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. 10. Waiver. No waiver of any of the provisions of this Restated Declaration shall be effective unless it is in writing, signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing or future waiver. 11. Governing Law and Selection of Forum. This Restated Declaration shall be governed by and construed in accordance with the laws of the State of Florida and venue for any litigation arising hereunder shall be Broward County, Florida. 12. Attorneys'Fees and Costs. In connection with any litigation or arbitration arising out of this Restated Declaration,the prevailing party shall be entitled to recover all reasonable attorneys' and paralegals' fees and costs through all trial, appellate and post-judgment proceedings and arbitration proceedings. 13. Agreement. This Restated Declaration embodies and constitutes the entire understanding between the parties with respect to the matters contemplated herein and all prior or contemporaneous agreements, understandings,representations and statements, oral or written, are merged into this Restated Declaration. 14. Further Assurance. The parties hereto agree to execute such further documents as may be reasonably requested by the other to carry out the intent and purpose of this Restated Declaration. 15. Remedy for Breach. Any breach, as determined by the City, of this Restated 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 is granted,the court may,in its discretion, award to the City in such action, the reasonable expenses in prosecuting the suit, including reasonable attorney fees and costs. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGES FOLLOW] 3 IN WITNESS WHEREOF,Declarant has executed this Restated 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 , 2016. Notary Public Typed, printed or stamped name of Notary Public My Commission Expires: 4 Signed, sealed and delivered in the presence CITY OF DANIA BEACH, a Municipal of: Corporation of the State of Florida By: ATTEST: Marco A. Salvino, Sr., Mayor Date: Louise Stilson, CMC, City Clerk Date: STATE OF FLORIDA } SS: COUNTY OF BROWARD } I HEREBY CERTIFY that on this day, before me, a Notary Public duly authorized in the State of Florida and in the County above to take acknowledgments,personally appeared Marco A. Salvino,Sr.,Mayor and Louise Stilson,City Clerk,respectively,of the City of Dania Beach,Florida, a municipal corporation,who executed the foregoing Restated Declaration Of Restrictive Covenants in the name of and for the corporation,affixing the corporate seal of the corporation thereto;that as such corporate officers,they are duly authorized by that corporation to do so;and that the foregoing Restated Declaration Of Restrictive Covenants is the act of that corporation. WITNESS my hand and official seal in the County and State last aforesaid this day of 2016. Notary Public Typed,printed or stamped name of Notary Public My Commission Expires: 5 EXHIBIT "A" THE PROPERTY Parcel A, Sheridan House Plat, according to the Plat thereof, as recorded in Plat Book 105, Page 50, of the Public Records of Broward County, Florida. 6 EXHIBIT "B" ORIGINAL DECLARATION 7 This Instrument Prepared by and after Recording return to: Steven Wherry,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 FIRST RESTATED DECLARATION OF RESTRICTIVE COVENANTS THIS FIRST RESTATED DECLARATION OF RESTRICTIVE COVENANTS ("Restated Declaration") is made and entered into this, of 11/1 t&44- 2016, by SHERIDAN HOUSE, INC., a Florida corporation, having an address 6- 1700 South Flamingo Road, Davie, Florida, 33325 ("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 is the owner of that certain real property located in the City of Dania Beach, Broward County, Florida, legally described on Exhibit"A", attached hereto and made a part hereof(the "Property"); WHEREAS,Declarant caused to be recorded in Official Records Book 45675 at Page 701 of the Public Records of Broward County, Florida that certain Declaration of Restrictive Covenants between the City and Declarant, attached hereto and made a part hereof as Exhibit `B" ("Original Declaration"); WHEREAS, the City passed and adopted Resolution No. 2014-107, which authorized the proper City officials to accept and execute an instrument to be recorded that would modify and amend the Original Declaration (the "Modification"); WHEREAS,neither the Declarant nor anyone representing the City has to this time accepted, executed, or recorded the Modification; WHEREAS, the parties hereto desire that the Original Declaration, together with the substance of the Modification,be further amended to eliminate the provision requiring under certain circumstances a rezoning to the City's Planned Residential District-1 zoning district; WHEREAS, the parties hereto desire to simplify interpretation of the Original Declaration and all later approved changes thereto by and through this Restated Declaration; WHEREAS, the parties hereto agree to restate and amend the Original Declaration; and WHEREAS, the parties hereto agree that the Property shall be subject to the terms and provisions of this Restated Declaration as hereinafter set forth. 1 NOW, THEREFORE, in consideration of the promises and covenants herein contained, Declarant hereby declares that the Property shall be owned,held, used, transferred, sold, conveyed, denused and occupied subject to the covenants and restrictions hereinafter set forth, all of which shall run with such Property and any part thereof and which shall be binding upon all parties having any right, title or interest in such Property or any part thereof, their heirs, successors and assigns. 1. Recitations. The recitations set forth above are true and correct and are incorporated into this Restated Declaration by this reference. 2. Property Development. Declarant hereby declares the following in connection with the development of the Property: a. No more than twelve (12) residential units per acre shall be constructed upon the Property. b. [Deleted] C. [Deleted] d. No residential building shall exceed thirty-five(35)feet in height above average grade, excluding architectural features, parapets, lighting, equipment and utilities. 3. Development Obli alb Lions. In connection with the development of the Property, Declarant shall be obligated to: a. 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. b. [Deleted] C. [Deleted] 4. Amendments. This Restated Declaration shall not be modified, amended or released, except by written instrument executed by Declarant and the City. 5. Execution. This Restated Declaration 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. 6. Recordation and Effective Date. This instrument shall not be recorded until approved, accepted, and executed by the City(including the expiration of all appeal periods). This instrument shall not become effective until recorded in the Public Records of Broward County, Florida. Once recorded, this Restated Declaration shall run with the 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. 7. Severability. If any court of competent jurisdiction shall declare any section, paragraph or part thereof invalid or unenforceable,then such judgment or decree shall have no effect 2 on the enforcement or validity of any other section, paragraph or part hereof, and the same shall remain in full force and effect. 8. Captions, Headings and Titles. Articles and paragraph captions, headings and titles inserted throughout this Restated Declaration are intended as a matter of convenience only and in no way shall such captions,headings or titles define, limit or in any way affect the subject matter or any of the terms and provisions thereunder or the terms and provisions of this Restated Declaration. 9. Context. Whenever the context requires or admits, any pronoun used herein may be deemed to mean the corresponding masculine,feminine or neuter form thereof, and the singular form of any nouns or pronouns herein maybe deemed to mean the corresponding plural form thereof and vice versa. 10. Waiver, No waiver of any of the provisions of this Restated Declaration shall be effective unless it is in writing, signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing or future waiver. 11. Governing Law and Selection of Forum. This Restated Declaration shall be governed by and construed in accordance with the laws of the State of Florida and venue for any litigation arising hereunder shall be Broward County, Florida. 12. Attorneys'Fees and Costs. In connection with any litigation or arbitration arising out of this Restated Declaration,the prevailing party shall be entitled to recover all reasonable attorneys' and paralegals' fees and costs through all trial, appellate and post-judgment proceedings and arbitration proceedings. 13. Agreement. This Restated Declaration embodies and constitutes the entire understanding between the parties with respect to the matters contemplated herein and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Restated Declaration. 14. Further Assurance. The parties hereto agree to execute such further documents as may be reasonably requested by the other to carry out the intent and purpose of this Restated Declaration. 15. Remedy for Breach. Any breach, as determined by the City, of this Restated 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 is granted, the court may, in its discretion, award to the City in such action,the reasonable expenses in prosecuting the suit,including reasonable attorney fees and costs. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGES FOLLOW] 3 IN WITNESS WHEREOF,Declarant has executed this Restated Declaration on the day first above written. WITNESSES: DECLARANT: SHERIDAN HOUSE, Inc., a Florida Prim Name: --7-0 nD A Np-e corporation Ai � BY: T Print Name:jEL;u�-VA 6"I-t Name: Ri Ic►fi+jq4 A-•- jVot-�O Title: V l (�Rt s[i� •�T STATE OF FLORIDA ) SS: COUNTY OF ►40\'449Z ) 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 �.k Qk*y-+\ Wf-,SK-►2 ,the�1C3L 16 e-K of SHERIDAN HOUSE,INC., a Florida corporation,freely and voluntarily under authority duly vested in him/her by said corpor i n a�djhat seal affixed thereto is the true corporate seal of said corporation. He/she is p rsonally kno o me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this day of 2016. Notary Public f ��x� �y��► �4 to U� \+� �11A f!)- Typed, printed or stamped name 1jg'q V'* ;off e � . w � ar¢, -I pi Z'C j ooOR 2p6,9` My Commission Expires: _ :g= •* fdlg;t?flli�IME!! 4 Signed, sealed and delivered in the presence CITY OF DANIA BEACH, a Municipal of: Corporatio tate of Flor' By ATTEST: _,qrco A. Salvino, Sr., Mayor i Date: Louise Stilson, CMC, City Clerk Date: STATE OF FLORIDA ) arE.o SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, a Notary Public duly authorized in the State of Florida and in the County above to take acknowledgments, personally appeared Marco A. Salvino, Sr.,Mayor and Louise Stilson,City Clerk,respectively, of the City of Dania Beach,Florida, a municipal corporation, who executed the foregoing Restated Declaration Of Restrictive Covenants in the name of and for the corporation, affixing the corporate seal of the corporation thereto;that as such corporate officers,they are duly authorized by that corporation to do so;and that the foregoing Restated Declaration Of Restrictive Covenants is the act of that corporation. WITNESS my hand and official seal in the County and State last aforesaid this,21-/ day of (1° " , 2016. t•,�Pia, THOMAS L.SCHNEIDER r°. ` Notary Public-State of Florida Notary Public • My Comm.Expires Sep 23,2017 _ ) 1 Commission#►FF 055540 �`�11, S Bonded Ttvou�National Notary Assn. Typed,printed or stamped name of Notary Public My Commission Expires: q_ )y 5 EXHIBIT "A" THE PROPERTY Parcel A, Sheridan House Plat, according to the Plat thereof, as recorded in Plat Book 105, Page 50, of the Public Records of Broward County, Florida. 6 EXHIBIT `B" ORIGINAL DECLARATION 7 CFN # 108137151, OR BK 45675 Page 701, Page 1 of 6, Recorded 09/12/2008 at 09:21 AM, Broward County Commission, Deputy Clerk 2030 Return to:(enclose self-addressed stamped envelope) Name: Hope W.Calhoun,Esq. Ruden,McClosky Address: 200 East Broward Boulevard,15`h Floor Fort Lauderdale,Fl 33301 This Instrument Prepared by: Deborah M.McTigue,Esquire Roden,McClosky,Smith, Schuster&Russell,P.A. 200 East Broward Boulevard 15th Floor Fort Lauderdale,Florida 33301 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA �LA�"TIO�OFRESTRIC IVF-CIPWAANTS-, T1HIS� C�aa I1q N �2ETRICT �E C'O� NANTS('I�eclarabdn")i irtie agd, entered in is ffkST 2008,by SHE�IDAN HOLiSE,INC.,a F�ondq� reF,IbANIABEACH\aFlgoRoad Da4te,Fl7tad'a,333�5( De otpo }on d �4 infprtheb�i,tt of t TY O pp da muntcipal cor�\gration,�t successors d a�sivens,� h a p s of addYess i 1(�0 s bh each$aule�ard�agta each,Flo ida 33b64,wit the Joinder an�Consent of ( Mortgagee"). WITNESSETH: WHEREAS,Declarant is the owner of that certain real property located in the City of Dania Beach,Broward County,Florida,legally described on Exhibit"A",attached hereto and made a part hereof(the"Property");and WHEREAS,Declarant has applied to the City of Dania Beach("City")to amend the Future Land Use Plan designation of the Property from Community Facility to Medium Residential ("Application")and City has approved said Application;and WHEREAS,the City has requested that Declarant voluntarily restrict the development ofthe Property in connection with the City's approval of the Application;and WHEREAS, Declarant has agreed that the Property shall be subject to the terms and provisions of this Declaration as hereinafter 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,conveyed, demised and occupied subject to the covenants and restrictions hereinafter set forth,all of which shall run with such Property and any part thereof and which shall be binding upon all parties having any right,title or interest in such Property or any part thereof,their heirs,successors and assigns. I. Recitations. The recitations set forth above are true and correct and are incorporated into this Declaration by this reference. FTL:1782363 4 1 v CFN # 108137151, OR BK 45675 PG 702, Page 2 of 6 2, Property Development. Declarant hereby declares the following in connection with the development of the Property: a. No more than twelve(12)residential units per acre shall be constructed upon the Property;provided,however,up to a maximum ofthirteen point five(13.5)residential units per acre may be constructed upon the Property if such units are constructed with a two(2)car ground floor garage. b. Each residential unit shall be conveyed subject to a condominium or as a fee simple form of ownership. C. No owner of any residential unit shall be permitted to rent,lease or otherwise offer such residential unit for occupancy to any non-owner for a term of less than one(1)year. d. No residential building shall exceed thirty-five(35)feet in height above average grade, rx,lnd g arc ite ral features,p apetsrlihting,equip nt ard-Wi la t shal be'obltgated)to:b11 iations=l,,ln cor�ec\i v i\thwel men[of ti,-- !pp�r l\J % J i icaW for tha benefit of he Qi ftcert n land for usd as rr publjc-park:tr�"rdane@ with 5\cltion 19- of �1f Dau a B ach Cpde fOrdinancds�("Par)C Parcel") 1 Fhe dedtC�tiorl, \Lof the Park Parc shalt t be require prlpr-td it plan submittal for thre development-of the' a ert s furtl re uir herm�butYe uirecL)tefQr�suance�f 4lfuildtn iL L ,p Y.� q —* q g Perm b. Dedicate funds in the amount of fifty thousand dollars($50,000.00)to the City to facilitate the construction of physical improvements to the Park Parcel as determined by the City's Parks and Recreation Department recommendations. Payment of the funds required by this section shall not be due to the City prior to site plan submittal for the development of the Property,as further required herein,but is required before issuance of a building permit. C. Rezone the Property consistent with the Planned Residential District-1 designation concurrently with Declarant's application to the City for site plan approval. 4. Amendments. This Declaration shall not be modified,amended or released,except by written instrument executed by Declarant and the City. 5. Recordation and Effective Date. This instrument shall not become effective until recorded in the Public Records of Broward County,Florida. Once recorded,this Declaration shall run with the 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. Severability. If any court of competent jurisdiction shall declare any section, paragraph or part thereof invalid or unenforceable,then such judgment or decree shall have no effect on the enforcement or validity of any other section,paragraph or part hereof,and the same shall remain in full force and effect. 7. Cations.headings and Titles. Articles and paragraph captions,headings and titles inserted throughout this Declaration are intended as a matter of convenience only and in no way shall FTL:1782363:4 2 CFN # 108137151, OR BK 45675 PG 703, Page 3 of 6 such captions,headings or titles define,limit or in any way affect the subject matter or any of the terms and provisions thereunder or the terms and provisions of this Declaration. 8. Context. Whenever the context requires or admits,any pronoun used herein may be deemed to mean the corresponding masculine,feminine or neuter form thereof,and the singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. 9. Waiver. No waiver of any of the provisions of this Declaration shall be effective unless it is in writing,signed by the party against whom it is asserted and any such waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a continuing or future waiver. 10. Governing Law and Selection of Forum. This Declaration shall be governed by and construed in accordance with the laws of the State of Florida and venue for any litigation arising hereunder shall be Broward County,Florida. — i —. A t me `Fees an os'ts_In tonne." �t4yhtig4rion�r�rbitrauoniari ingo" this ecla� ti ,(4Se pr��aihng party sh�� be e> ttlec�� 1@oover)all reas nable yttome � apd `� paralegals'fees and coststhrough all trial appellate and post-judgxetent_proceedings and arbitration r�prooe$din s� I� �. � � F� g / �� ��1 A reement� his Deglaiattp em �i q and constitute the entire,G"4rstandmg� b'etWeen e parti with respect to-the matters contemp a e �heretn and'all pnoi or'contemporaneous agreements,understandings,representations and statements,oral or written,are merged into this Declaration. 13. Further Assurance. The parties hereto agree to execute such further documents as may be reasonably requested by the other to carry out the intent and purpose of this Declaration. 14. 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 is granted,the court may,in its discretion,award to the City in such action,the reasonable expenses in prosecuting the suit,including reasonable attorney fees and costs. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGES FOLLOW] FTL:1782363:4 3 CFN # 108137151, OR BK 45675 PG 704, Page 4 of 6 IN WITNESS WHEREOF,Declarant has executed this Declaration on the day first above written. WITNESSES: DECLARANT: SHERIDAN HOUSE,Inc.,a Florida Print Name:_ //$ corporation aj)lchh _ — By: Print Name:_DPhnrn&. *, ,41oWB.iI me: Title:_�j�LJ_, Ce F ' \' j S g b� \ u \\ 1I I HEREBY TIFYJhat on this day beforeme,an officer duly authorized m the Stale afores�i nd in th_e County i foresal 20 talE �11mentthe foregoing"m�strumentlwasackn�Tl ged be ore me b � i +� , of HERIDANJ 015E NC.,a orida c poY ion freplyza d vnder a h©lry d�lq sev Yed hun herby said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/she is personally knowaln.me or who has produced _lV_f_� _as identification. WITNESS my hand and official seal in the County and State last aforesaid this 2q`tlay of 2008. �J r1, a ham( _N0 LVJ - Notary Public L �. Nn We l Typed,printed or stamped name of Notary Public My Commission Expires: DEBORAH R.HWEt1 My COMMISSION a DD M964 ..,„ EXPIRES:Maids 20,202 adlded TIN NWry Pd*tk*_Mn FTL:1782363:4 4 CFN # 108137151, OR BK 45675 PG 705, Page 5 of 6 JOINDER AND CONSENT OF MORTGAGEE __.,_ ("Mortgagee"),as th owner and holder of: (i)that ce ain Mortgage,Assignment of Leases and Rents, and Secur' Agreement from recorded in Official Records ok at Page a (ii)that certain UCC-1 Financing Statement reco ded in Official Records Book at Page �,all of the Public ecords ofBroward County, Florida(collectively,the oan Documents),does hereby consent to e restriction set forth in this Declaration and subordinat the Loan Documents to such Declar ion. WITNESSES: MORTGAGEE: By. � rint d Nani :_ Printed,,' )1 1 Title Name t'm;Pe / STATE OF ) )SS COUNTY OF ) I HFREBY CERTIFY that n this day,before me,an o icer duly authorized in the State aforesaid and in the County afore aid to take acknowledgments,t e foregoing instrument was acknowledged before me by as _of ,freely and voluntarily under authors duly vested in him by said Mortgagee. He/She is pers ally known to me or has produced as identification. WITNESS my and and official seal in the County and State last afo said this__ day of 008. Notary Public,State of Florida at La e Typed,Printed or Stamped Name of Nota Public My Co ission Expires: F :1782363:4 5 CFN # 108137151, OR BK 45675 PG 706, Page 6 of 6 EXHIBIT"A" THE PROPERTY Parcel A,Sheridan House Plat,according to the Plat thereof,as recorded in Plat Book 105,Page 50,of the Public Records ofBroward County,Florida. ----------- �14 FTL:1782363:4 6