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Home My WebLink AboutR-2018-093 Authorizing The City To Execute A Declaration Of Restrictive Covenants On Behalf Of The City Pertaining To City Owned Parcels To Be Used For Single Family, Owner-Occupied Dwellings RESOLUTION NO. 2018-093 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A DECLARATION OF RESTRICTIVE COVENANTS ON BEHALF OF THE CITY OF DANIA BEACH PERTAINING TO CITY OWNED PARCELS TO BE USED FOR SINGLE FAMILY, OWNER- OCCUPIED DWELLINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City is the owner of certain real properties located in the City which are described in a Declaration of Restrictive Covenants, attached as Exhibit "A", a copy of which is incorporated by this reference (such real properties together with any improvements now or subsequently located on them, being referred to as the "Properties"); and WHEREAS, the City desires to reduce crime and revitalize neighborhoods within the City and to improve the quality of housing and encourage more single-family, owner-occupied homes; and WHEREAS, the City wishes to ensure that the Properties are developed with such homes; 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 confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the City Commission of the City of Dania Beach authorizes the proper City officials to execute the Declaration of Restrictive Covenants on behalf of the City pertaining to the Properties, to be used as single family, owner-occupied dwellings. Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the Declaration of Restrictive Covenants as are deemed necessary and proper for the best interests of the City. Section 4. That all resolutions or parts of resolutions in conflict with any portion of the provisions in this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and become effective immediately upon its passage and adoption. PASSED AND ADOPTED on June 26, 2018. ATTEST: B�,4C' f ? • r ij,�� THOMAS SCHNEIDER, CMC F � TAMARA JAM S CITY CLERK geLIsHEpy MAYOR APPROVED AS TO FORM AND CORRECTNESS: THO J. A EVY CITY ATTO 2 RESOLUTION#2018-093 Prepared by: THOMAS J.ANSBRO Attorney at Law CITY OF DANIA BEACH 100 W.Dania Beach Boulevard Dania Beach,FL 33004 954-924-6800,Ext.3635 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANTS ("Declaration") is made as of June , 2018, by the CITY OF DANIA BEACH (the "Declarant"), a municipal corporation organized under the laws of the State of Florida. WITNESS WHEREAS, Declarant is the fee owner of certain real properties located in Broward County, Florida, which properties are more particularly described in Exhibit "A", a copy of which is attached and incorporated by this reference (such real properties together with any improvements now or subsequently located on them, being referred to as the "Properties"); and WHEREAS, Declarant desires to reduce crime and revitalize neighborhoods in the City of Dania Beach; and WHEREAS, Declarant desires to improve the quality of housing and encourage more single-family, owner-occupied homes; and WHEREAS, Declarant wishes to construct or have constructed new single-family, owner occupied homes on the Properties; NOW, THEREFORE, Declarant, for itself and on behalf of its successors, heirs, assigns, legal representatives, lessees and transferees, including, without limitation, any owners and users of the Properties, declares and agrees that the Properties shall be held, sold, transferred, conveyed and occupied subject to the restrictions, covenants, obligations and agreements set forth in this Declaration which shall run with the Properties and shall be binding upon Declarant and its successors, heirs, assigns, legal representatives, lessees and transferees, including, without limitation, any owners and users of the Properties. 3 RESOLUTION#2018-093 For a period commencing upon recording this Declaration and concluding twenty (20) years from that date, unless earlier terminated by unanimous vote of the Dania Beach City Commission, Declarant for itself and on behalf of its successors, heirs, assigns, legal representatives, lessees and transferees, including, without limitation, any owners and users of the Properties, agrees as follows: 1. SINGLE FAMILY UNITS. All units, structures and buildings to be constructed on the Properties shall be only be used for single family dwellings\. The Properties and any portion of them shall only be conveyed for use as owner-occupied dwelling units. Any use of the Properties or activities on them which is inconsistent with such exclusive residential use is expressly prohibited. 2. ADDITIONAL AGREEMENTS. Declarant for itself and on behalf of its successors, heirs, assigns, legal representatives, lessees and transferees including, without limitation, any owners and users of the Properties, further covenants and agrees that any transfer, alienation or conveyance of the Properties and any portion of them shall be subject to and incorporate the following Deed Restriction: All units on the Properties and any portion of them shall be used only for single family dwellings only. The Properties and any portion of them shall be occupied by the owner and shall be used exclusively as his, her, or their principal residence. Any use of the Properties and any portion of them and any activities on them which are also inconsistent with such exclusive residential use is expressly prohibited. Grantee, by accepting the deed to the Properties and any portion of them acknowledges, declares and covenants on behalf of Grantee and Grantee's successors and assigns (i) that these Deed Restrictions shall be and are covenants running with the land, encumbering the Properties and any portion of them, and are binding upon Grantee's successors in title and assigns, (ii) are not merely personal covenants of Grantee, and (iii) shall bind Grantee, and Grantee's successors and assigns, and inure to the benefit of and be enforceable by the City of Dania Beach. 4 RESOLUTION#2018-093 3. REAL COVENANTS. Declarant for itself and on behalf of its successors, heirs, assigns, legal representatives, lessees and transferees including, without limitation, any owners and users of the Properties or any portion of them understands and agrees that the restrictions, covenants, obligations and agreements contained in this Declaration shall be real covenants running with the land and shall bind Declarant and its successors, heirs, assigns, legal representatives, lessees and transferees, including, without limitation, any owners and users of the Properties or any portion of them. 4. EFFECTIVE DATE AND TERMINATION. This Declaration shall become effective immediately upon recordation by Declarant and shall terminate upon expiration of the Term. This Declaration may also be terminated at any time by unanimous vote of the Dania Beach City Commission. IN WITNESS OF THE FOREGOING, Declarant has caused these presents to be executed in its name by its City Commissioners acting by and through the Mayor, on the date first appearing above. Signed, sealed and delivered CITY OF DANIA BEACH, a Florida in our presence: municipal corporation Witness: By: TAMARA JAMES Print Name: MAYOR Witness: Print Name: APPROVED AS TO FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 5 RESOLUTION#2018-093 STATE OF FLORIDA ) COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me on June 2018, by TAMARA JAMES, Mayor of the City of Dania Beach, who is [ ] personally known to me or who has [ ] produced as identification. My Commission Expires: Notary Public 6 RESOLUTION#2018-093 Exhibit "A" Parcel 1 LOT 4,BLOCK 5, COLLEGE TRACT,ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 19, PAGE 9, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. Parcel Identification Number: 5142 03 34 0580 Parcel 2 LOT 3, BLOCK 5, COLLEGE TRACT, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 19, PAGE 9, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. Parcel Identification Number: 5142 03 34 0570 Parcel 3 LOT 2, BLOCK 5, COLLEGE TRACT, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 19, PAGE 9, PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; BEING THE SAME PROPERTY CONVEYED TO BROWARD COUNTY PURSUANT TO TAX DEED 16415, DATED 1/22/2003, RECORDED IN BROWARD COUNTY OFFICIAL RECORDS BOOK 34441,PAGE 1974. Parcel Identification Number: 5142 03 34 0560 7 RESOLUTION#2018-093