HomeMy WebLinkAboutR-2018-153 City Designating Stirling Alya, LLC's Affordable Housing Contribution Of ($82,000.00) To City As Required By The County To The City's CRA's ''At Home Dania Beach Affordable Housing'' Program RESOLUTION NO. 2018-153
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF DANIA
BEACH, FLORIDA, DESIGNATING STIRLING ALYA, LLC'S
AFFORDABLE HOUSING CONTRIBUTION OF EIGHTY-TWO THOUSAND
DOLLARS ($82,000.00) TO THE CITY OF DANIA BEACH AS REQUIRED
BY BROWARD COUNTY TO THE DANIA BEACH COMMUNITY
REDEVELOPMENT AGENCY'S "AT HOME DANIA BEACH
AFFORDABLE HOUSING" PROGRAM; AUTHORIZING THE CITY
MANAGER AND FINANCE DIRECTOR TO ALLOCATE STIRLING ALYA,
LLC'S REQUIRED AFFORDABLE HOUSING CONTRIBUTION PAYMENT
TO THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to adopt procedures and policies to implement municipal goals
and objectives; and
WHEREAS, on February 13, 2018, the City Commission approved Stirling Alya's
application to amend the City of Dania Beach ("City") adopted Future Land use and Zoning
Maps and site plan application for an 8.3 acre parcel of land identified by the Broward County
Property Appraisal as Parcel No. 504232-29-0010 to accommodate One Hundred Ninety Seven
(197) on-site mid-rise residential units; and
WHEREAS, prior to the approval of Stirling Alya's Future Land Use and Zoning Map
Amendments and Site Plan application, the City's Future Land Use and Zoning permitted a
maximum of Thirty Three (33) dwelling units on-site; and
WHEREAS, upon adoption of the approved Stirling Alya's Future Land Use and Zoning
Map Amendments and Site Plan application, the City Commission allowed for an increase of
One Hundred Sixty Four(164) dwelling units on the property; and
WHEREAS, as a result of the increased number of units and in an effort to promote
affordable housing, Broward County required Stirling Alya, LLC, to record a Declaration of
Restrictive Covenant with Broward County with respect to the referenced property mandating
that, prior to the issuance of the first building permit, Stirling Alya, LLC, shall pay the City Five
Hundred Dollars ($500.00) per dwelling unit for the One Hundred Sixty Four (164) additional
dwelling units in the total amount of Eighty-Two Thousand Dollars ($82,000.00); and
1 RESOLUTION#2018-153
WHEREAS,the h Declaration of Restrictive Covenant states that these funds must be used
for the City's affordable housing programs; and
WHEREAS, on March 22, 2018, Stirling Alya, LLC, recorded the mandated Declaration
of Restrictive Covenant with the Broward County Commission as Instrument No. 114964684,
which is attached as Exhibit"A"; and
WHEREAS, the City and the Dania Beach Community Redevelopment Agency
("CRA") received a letter from Stirling Alya, LLC, dated October 9, 2018 which is referenced as
Exhibit `B", a copy of which is attached to and incorporated into this Resolution, indicating its
intent to submit documents for construction permits on the referenced parcel within the next few
months; and
WHEREAS, Stirling Alya, LLC, recognizing that the City of Dania Beach does not have
an affordable housing program meeting Broward County's affordable housing requirements,
requested the Eighty-Two Thousand Dollar ($82,000.00) payment required by Broward County
for affordable housing be approved to the CRA's "At Home Dania Beach Affordable Housing"
Program; and
WHEREAS, Stirling Alya, LLC, desires to ensure that Broward County and the City
release and terminate the recorded Declaration of Restrictive Covenant so that the progress of the
development remains as scheduled without any additional delays; and
WHEREAS, on June 12, 2018, the Dania Beach CRA Board approved the "At Home
Dania Beach Residential Revitalization" Program, which incorporates strategies to provide
affordable housing in the City through the purchase and acquisition of vacant residential lots or
properties for infill housing in order to improve the existing housing stock within the CRA
neighborhoods for low to moderate income residents; and
WHEREAS, the City Commission recognizes the need to encourage the development of
for-sale and rental opportunities for families who are a part of the workforce in the City, and
particularly those families whose incomes fall within the low to moderate income categories; and
WHEREAS, the City Commission has determined that the enactment of this Resolution
will serve to benefit the citizens of Dania Beach and will protect the public health, safety, and
welfare; and
WHEREAS, City staff recommends approval of Stirling Alya, LLC.'s request to
allocate Stirling Alya, LLC's Affordable Housing Contribution of Eighty-Two Thousand Dollars
2 RESOLUTION#2018-153
($82,000.00) as required by Broward County to the City to be allocated to the CRA's "At Home
Dania Beach Residential Revitalization" Program to satisfy the requirements stipulated in the
recorded Declaration of Restrictive Covenant attached as Exhibit A;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA THAT:
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 recorded Declaration of Restrictive Covenant mandating Stirling
Alya, LLC to pay Eighty-Two Thousand Dollars ($82,000.00), prior to the issuance of the first
building permit, to the City of Dania Beach's affordable housing program for the 164 additional
dwelling units on parcel number 504232-29-0010 is satisfied in the opinion of the City.
Section 3. That the October 9, 2018 letter from Stirling Alya, LLC requesting that the
Eighty-Two Thousand Dollar ($82,000.00) payment required by Broward County for affordable
housing be put towards the CRA's "At Home Dania Beach Affordable Housing Program", is
accepted as to such payment.
Section 4. That the City Manager and Finance Director are authorized to allocate
Stirling Alya, LLC's Affordable Housing contribution of Eighty-Two Thousand Dollars
($82,000.00) as required by Broward County to the Dania Beach Community Redevelopment
Agency to the "At Home Dania Beach Affordable Housing Program".
Section 5. That all resolutions or parts of resolutions in conflict with this Resolution
shall be repealed to the extent of such conflict.
Section 6. That this Resolution shall take effect immediately upon City Commission
adoption.
3 RESOLUTION#2018-153
PASSED AND ADOPTED on October 23, 2018.
ATTEST:
THOMAS SCHNEIDER, C C TAMARA JAM
CITY CLERK MAYOR
aeLISNE�y
APPROVED AS T RM AND CORRECTNESS:
/�—A i
TH A . A B
CITY ATTO Y
4 RESOLUTION#2018-153
Instr# 114964684 Page 1 of 10, Recorded 03/22/2018 at 01:14 PM
Broward County Commission
Retam to:(emlou se96sd4seued skimped envelope)
Name: Marla Neufeld,Esq.
Address:
Greenspoon Marder,P,A.
200 E.Broward Boulevard,Suite 1800
Fort Lauderdale,FL 33301
This[nstralment Prepared by:
Marla Neufeld,Esq.
Greenspoon Marder,P.A.
200 E.Broward Boulevard,Suite 1800
Fort Lauderdale,FL 33301
SPACE ABOVE THIS LING FOR PROCESSING DATA SPACE ABOVE THIS LIKE FOR PROCB.SSDVG DATA
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Covenant") made this
-2-2 .of 'Ja , 2018, by Stirliiig Alya,LLC, a Florida limited liability
company,its successors and assigns ("Owner"),which shall be for the benefit of BROWARD
COUNTY,FLORIDA,a political subdivision of the State of Florida("County")and the City
of Dania Beach,a municipal corporation organized pursuant to the State of Florida("City").
WITNESSETH:
WHEREAS,Owner is the fee simple owner of land located in the City more particularly
described in Exhibit"A"("Property");and
WHEREAS,Owner made an application requesting that the land use plan designation on
the Property be changed from 6.7 acres of Low(5) Residential and 1.6 acres of Commerce to
Irregular(23.74)Residential to allow for an additional 164 dwelling units("Application');and
WHEREAS, in connection with the Application, Owner has voluntarily agreed to place
certain restrictions on the development of the Property as set forth below in favor of the County
and the City.
NOW, THEREFORE, in consideration of the foregoing premises and the promises and
covenants herein contained, Owner hereby declares that the Property shall be subject to the
covenants,restrictions,and regulations hereinafter set forth,all of which shall run with the land
and which shall be binding upon all parties having any right,title or interest in the Property or
any partthereof,their heirs,successors and assigns;
l. Recitations. The recitals set forth above are true and correct and arc incorporated
into this Covenant by this reference.
2. Covenants. Prior to the issuance of the first building permit for a dwelling unit on
the Property,the Owner shall pay to the City Five Hundred Dollars($500)per dwelling unit for
i
32662147.3
Instr# 114964684 , Page 2 of 10
the 164 additional dwelling units on the Property in the total amount
P t'ty n of Eighty Two Thousand.
Dollars ($92,000), to be used by the City towards the City's affordable housing programs
("Affordable Housing Contribution').
3. Release. Upon presentation to the County of evidence of payment of the
Affordable Housing Contribution, at the request and expense of Owner, the County and City
shall cause a release and termination of this Agreement in the form attached hereto as Exhibit B
to be recorded in the Public Records of Broward County, Florida, evidencing such completed
performance of this Covenant. The issuance of the release shall not require County or City
Commission approval.
4. Amendments. Except as otherwise provided herein, this Covenant shall not be
modified, amended or released as to any portion of the Property except by written instrument,
executed by the then owner or owners(s) of the portion of the Property affected by such
modification, amendment, or release and approved in writing by the County and City. The
appropriate governmental authority of the County and City shall execute a written instrument
effectuating and acknowledging such modification, amendment or release. Any amendment,
modification or release of this Covenant shall be recorded in the Public Records of Broward
County,Florida,at the then owner's sole expense,
S. Recordation and Effective Date. This Covenant shall not become effective and
shall not be recorded in the Public Records of Broward County,Florida,until after approval by
the County and City of the requested Application and the expiration of all appeal periods or,if an
appeal is filed, the conclusion of such appeal in a manner that does not affect the County's or
City's approval the Application. Once recorded,this Covenant shall run with the land for the
sole benefit of the County and City and shall bind all successors-in-interest with respect to the
Property. This Covenant shall not give rise to any other cause of action by any parties other than
the County or City,and no parties other than the County or City shall be entitled to enforce this
Covenant. Any failure by the County or City to enforce this Covenant shall not be deemed a
waiver of the right to do so thereafter..
6. SevlrabilLty If any court of competent jurisdiction shall declare any section,
paragraph or part of this Covenant 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. The agreed upon venue shall be Oroward County,
Florida.
7. Captions Hea inks and Titles. Articles and paragraph captions, headings and
titles inserted throughout this Covenant 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 therednder or the terms and provisions of this Covenant.
8. Context. Whenever the context requires or admits,any pronoun used herein may
be deemed to mean the corresponding masculine, feminine or neuter form therreof, and the
singular form of any nouns or pronouns herein may be deemed to mean the corresponding plural
form thereof and vice versa.
[THIS SPACE INTENTIONALLY LEFT BLANK]
2
32662147.3
Instr# 114964684 , Page 3 of 10
IN WITNESS WHEREOF, Owner has executed this Covenant on the day first above
written.
Signed,sealed and ivered Stirling Alya, '''�
By-
Prilted Name:
—*—
Its:
Dated:_T`
rinted Name- 5k
STATE OF FLORIDA )
SS
COUNTY OF BROWARD )
The foregoing ' strument was acknowled ad before me this ( day of a u
2018, by f as of Stirling Al ,
LLC,a Florida lindted liability company. VA A NA S
Hegfshe is:
[ personally known to me,or
[ ] produced identification. Type of identification produced
(Seal) `' �`�� 4PrtNameA/0V1,eQ-
Y PUB
Molary public State of Florida
Vanessa Romero
Wi� 47 Ny GOInmiselan FF 1284b8
ot�,a Expijas0610412018
My commission expires:
3
32662147.3
Instrr# 114964684 , Page 4 of 10
EXHIBIT A
LEGAL DESCRIPTION
PROPERTY
Parcel A,St. Maurice Plat,according to the plat thereoA as recorded in Plat Book 101, Page 17,
Public Record$of Broward County,Florida.
Parcel Identification Number.504232-29-0010
32662147.3
Instr# 114964684 , Page 5 of 10
EXHIBIT B
Return to;(enclose seMaddressed stomped envelope)
Name; Maria Neufeld,Esq.
Address:
Greenspoon Marder,P.A.
200 E.Broward Boulevard,Suite Igoo
Fort Lauderdale,FL 33301
This Instrument Prepared by.
Maria Neufeld,Esq.
Greenspoon Marder,P.A.
200 E.Broward Boulevard,Suite 1800
Fort Lauderdale,FL 33301
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS 1 dNR FOR PROCESSING DATA
RELEASE AND TERMINATION OF
DECLARATION OF RESTRICTIVE COVENANTS
This Release and Termination of Declaration of Restrictive Covenant("Release and
Termination") is effective as of this day of . 201_ by BROWARD
COUNTY,a political subdivision of the State of Florida ("County"), and the City of Dania
Beach,a political municipality of the State of Florida("City").
WHEREAS,Stirling Alya,LLC,a Florida limited liability company,its successors and
assigns ("Owner'), the fee simple title owner of the property described on Exhibit A,attached
hereto ("Property"), entered into that certain Declaration of Restrictive Covenant dated
("Declaration")in favor of the County and City that is recorded at Instrument
# in Public Records of Broward County,Florida.Terms not otherwise defined
herein shall have the same meaning set forth in the Declaration;and
WHEREAS,pursuant to terms and provisions of the Declaration,prior to the issuance of
the first building permit for a dwelling unit on the Property, Owner agreed to make a per
dwelling unit payment towards the City's affordable housing programs in the total amount of
Eighty Two Thousand Dollars($82,000.00)("Affordable Housing Contribution");and
WHEREAS,pursuant to the Declaration,the County and City are required,at the request
of the Owner,to execute a release and termination of the Declaration upon the completion of the
Affordable Housing Contribution;and
WHEREAS, the Owner has satisfied its obligation pursuant to the Declaration and has
paid the Affordable Housing Contribution to the City of Dania Beach;and
WHEREAS, Owner .desires that the County and City release and terminate the
Declaration by executing this Release and Termination to be recorded in the Public Records of
Broward County,Florida,pursuant to the terms and conditions as hereinafter set forth;and
32662147.3
Instr# 114964684 , Page 6 of 10
WHEREAS,upon the execution of this Release and Termination,no further action by the
County Commission will be required and this Release and Termination shall constitute the final
release of Owner's obligations under the Declaration.
NOW, THEREFORE, County and City intending to be legally bound, hereby state and
declare as follows:
1. The above recitals are true and correct and are incorporated herein.
2. The obligations, terms, conditions, covenants and provisions of the Declaration
are of no further force and effect and Owner is released from the Declaration and the Declaration
is hereby terminated.
3. This Release and Termination shall be construed and governed in accordance with
laws of the State of Florida and in the event of any litigation hereunder,the venue for any such
litigation,shall be in Broward County,Florida.
4. This Release and Termination shall be recorded in the Public Records of Broward
County,Florida,whereby recording fees are to be paid by Owner and shall run with the Property
and shall be binding upon and inure to the benefit of the respective successors and assigns of
County and City and the respective successors and assigns of Owner.
WS PAGE INTENTIONALLY LEFT BLANK]
32662147.3
Inst:r# 114964684 , Page 7 of 10
ATTEST: BROWARD COUNTY,through its BOARD
OF COUNTY COMMISSIONERS
County Administrator and By.
Printed Name:
Ex-Officio Clerk of the Title:
Board of County Commissioners of
Broward County,Florida
day of ,201
Approved as to form by
Office of County Attorney
Broward County,Florida
Governmental Center,Suite 423
I I S South Andrews Avenue
Fort.Lauderdale,FL 33301
Telephone: (954)357-7600
Telecopier: (954)357-6968
By
Assistant County Attorney
day of 20l
32662147.3
Instr# 114964684 , Page 8 of 10
CITY
WITNESSES: CITY OF DANIA BEACH
By:
Print Name: Name:
Print Name:
Title: City Manager
day of .2018
APPROVED AS TO FORM:
By:
Name:
Title: City Attorney
day of 2018
STATE OF FLORIDA )
)SS
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this_day of ,2018,by
as City Manager of THE CITY OF DANIA BEACH.
He or she is:
[ ] personally known to me,or
[ ]produced identification. Type of identification produced
Seal NOTARY PUBLIC
Print Name
My commission expires: .
32662147.3
Instr# 114964684 , Page 9 of 10
Signed,sealed and delivered . Stirling Alya,LLC.
:.
By:
Printed Name: .
Its:
Dated:
Printed Name:
STATE OF FLORIDA )
SS
COUNTY OF BROWARD )
The foregoing instrument was acknowledged before me this 'day of ,2018,
by as of Stirling Alya,LLC, a
Florida limited liability company. .
He or she is:
[ ] Personally known tome,or
[ ] produced identification. Type of identification produced
::(Seal} NOTARY PUBLIC:
Print Name:
My commission expires:
32662147.3
Instr# 114964684 , Page 10 of 10, End of Document
EXHIBIT A
RELEASE AND TERNIINATION
LEGAL DESCRIPTION
PROPERTY
Parcel A., St. Maurice Plat,according to the plat thereof,as recorded in Plat Book 101,Page 17,
Public Records of Broward County,Florida.
Parcel Identification Number.504232-29-0010
32662147.3
S T E L L A R
O O M M U N i T 1 E S
October 9,2018
Mayor,Vice Mayor and City Commissioners
City of Dania Beach
100 W.Dania Beach Boulevard
Dania Beach,FL 33004
Re: Stirling Alya,LLC Affordable Housing Contribution
Dear Mayor,Vice Mayor and City Commissioners,
On February 13,2018,the City of Dania Beach City Commission approved Stirling Alya,LLC's application
to amend the City's Future Land Use and Zoning Maps for a ±8.3-acre parcel of land known as parcel
number 504232-29-0010 to accommodate 197 onsite mid-rise residential units.Our application allowed
for an increase of 164 dwelling units on the property,up from 33 dwelling units.As a result and in an
effort to promote affordable housing Broward County required Stirling Alya,LLC.to record a Declaration
of Restrictive Covenant with Broward County on the referenced parcel.
On March 22, 2018, Stirling Alya, LLC. recorded a Declaration of Restrictive Covenant mandating that
prior to the issuance of the first building permit on the property,Stirling Alya,LLC,must pay the City of
Dania Beach $500.00 per dwelling unit for the 164 additional dwelling units in the total amount of
$82,000.00. The Declaration of Restrictive Covenant dictates that these funds must be used for the City's
affordable housing programs.
It has come to our attention that the City of Dania Beach does not have an affordable housing program.
However, we have noted that the Dania Beach Community Redevelopment Agency (CRA) has an
approved affordable housing program, At Home Dania Beach. The CRA's in-fill housing for low to
moderate income residents satisfies the affordable housing program requirements from Broward
County. Stirling Alya, LLC. anticipates submitting fnr construction permits on the referenced parcel
within the next few months.As such,Stirling Alya,LLC respectfully asps the City and CRA to allow the
$82,000.00 payment required by Broward County to go towards the CRA's in-fill affordable housing
program in order for Broward County and the City to release and terminate the recorded Declaration of
Restrictive Covenant and for our development to progress as scheduled without any additional delays.
Stirling Alya, Inc. is committed to the City and CRA's efforts in attracting and sustaining high quality
development opportunities that produce local jobs while enhancing the local tax base within this great
community. Our team looks forward to working with the City and CRA's dedicated team members on
ensuring that our development is a victory for all organizations. For reference,a copy of the recorded
Declaration of Restrictive Covenant is attached to this document Feel free to contact me at 954-671-
1400 ext.101 or by email at lbaumCWlivestellar.com should you or your team have any questions.
2700 West Cypress Creek Road,Fort Lauderdale,FL 33309 844.505.3150 www.livestellar.com
Ar
S T E L L A R
C O M M U N 1 T 1 E S
Sincerely,
r-
Larry Baum,
Managin er
Stirling Alya,LLC
Stellar Communities
Cc: Dania Beach Community Redevelopment Agency Board of Directors
Robert Baldwin,City Manager,City of Dania Beach
Rickelle Williams,Executive Director,Dania Beach Community Redevelopment Agency
2700 West Cypress Creek Road,Fort Lauderdale,FL 33309 844.505.3150 www.livestellar.com
Instr# 114964684 Page 1 of 10, Recorded 03/22/2018 at 01:14 PM
Broward County Commission
4
I.
Rclo.n for(welo�"Itd�waA slRmped mvdepe) �
Name. Maria Neufaid,Esq. %.
6
Address:
Greenspoon Marder,P.A.
200 E.Broward Boulevard,Suite 1800
Fort Lauderdale,FL 33301
This Instrument Prepared by:
Marla Neufeld,Esq,
Greenspoon Marder,PA.
200 E.Broward Boulevard,Suite 1800
Fort Lauderdale,FL 33301
SPACE ABOVE THIS LINE FOR FROCBSs1NO DATA SPACE ABOVE THIS LINE FOR PHOCESSM DATA
F
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS ("Covenant") made this
„2--L of — AMtX IN _ . 2018, by Stirling Alya,LLC, a Florida limited liability
company, its successors AM assigns("Owner'),which shall be for the benefit of BROWARD
COUNTY,FLORIDA,a political subdivision of the State of Florida("County")and the City
of Dania Beach,a municipal corporation organized pursuant to the State of Florida("City").
:
WITNESSETH:
h
a
WHEREAS,Owner is the fee simple owner of land located in the City more particularly
described in Exhibit"A"("Property");and
WHEREAS,Owner made an application requesting that the land use plan designation on
the Property be changed from 6.7 acres of Low(5)Residential and 1.6 acres of Commerce to
Irregular(23.74)Residential to allow for an additional 164 dwelling units("Application');and
WHEREAS,in connection with the Application, Owner has voluntarily agreed to place
certain restrictions on the development of the Property as set forth below in favor of the County
and the City.
NOW, THEREFORE, in consideration of the foregoing premises and the promises and
covenants herein contained, Owner hereby declares that the Property shall be subject to the 1
covenants,restrictions,and regulations hdroinafter set forth,all of which shall run with the land
and which shall be binding upon all parties having any right,title or interest in the Property or
any part thereof,their heirs,successors and assigns,
1. Recitations the recitals set forth above arc true and correct and are incorporated
into this Covenant by-this reference.
2. Covenants. Prior to the issuance of the first building permit for a dwelling unit on
the Property,the Owner shall pay to the City Five Hundred Dollars($500)per dwelling unit for
1
32662147.3
i
i
z
' Instr# 114964684 , Page 2 of 10
i
i
the 164 additional dwelling units on the Property in the total amount of Eighty Two Thousand
Dollars ($82,000), to be used by the City towards the City's affordable housing programs
("Affordable Housing Contribution').
3. Release, Upon presentation to the County of evidence of payment of the
Affordable Housing Contribution, at the request and expense of Owner, the County and City
shall cause a release and termination of this Agreement in the form attached hereto as Exhibit B
to be recorded in the Public Records of Broward County, Florida, evidencing such completed
performance of this Covenant. The issuance of the release shall not require County or City
Commission approval.
4. Amendments. Except as otherwise provided herein, this Covenant shall not be
modified, amended or released as to any portion of the Property except by written,instrument,
executed by the then owner or owners(s) of the portion of the Property affected by such
modification, amendment, or release and approved in writing by the County and City, The
appropriate governmental authority of the County and City shall execute a written instrument
effectuating and acknowledging such modification, amendment or release. Any amendment,
modification or release of this Covenant shall be recorded in the Public Records of Broward
County,Florida,at the then owner's sole expense. E
5. Recordation and Effective Da P. This Covenant shall not become effective and
shall not be recorded in the Public Records of Broward County,Florida,until after approval by
the County and City of the requested Application and the expiration of all appeal periods or,if an
appeal is filed,the conclusion of such appeal in a manner that does not affect the County's or
City's approval the Application. Once recorded,this Covenant shall run with the land for the
sole benefit of the County and City and shall bind all successors4n-interest with respect to the
Property. This Covenant shall not give rise to any other cause of action by any parties other than
the County or City,and no parties other than the County or City shall be entitled to enforce this
Covenant. Any failure by the County or City to enforce this Covenant shall not be deemed a
waiver of the right to do so thereafter..
6, Severabilily If any court of competent jurisdiction shall declare any section,
paragraph or part of this Covenant invalid or unenforceable,then such judgment or decree shall i
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. The agreed upon venue shall be Broward County, i
Florida.
7. Captions, Headings and Titles. Articles and paragraph captions, headings and
titles inserted throughout this Covenant are intended as a matter of convenience only and in no
way shad such captions,headings or titles define,limit or in any way affect the subject matter or
any of the terms and provisions theredtider or the terms and provisions of this Covenant.
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.
[THIS SPACE INTENTIONALLY LEFT BLANK] r•
2
32662147.3
Instr# 114964684 Page 3 of 10
i
IN WITNESS WHEREOF, Owner has executed this Covenant on the day first above
written.
Signed,sealed and ivered Stirling Alya, e"
By:
Pi ted Name:
Its:
.0d, A A
Dated:
Printed Name: GL
STATE OF FLORIDA )
SS
COUNTY OF BROWARD )
The foregoing 'nstrument was acknowled ed before me this day of 01 U
2018, by i �i •• , as of Stirling AI ,
LLC,a Florida h ted liability company. VA A NA g&,/ f
Hepfshe is:
[ personally known to me,or
[ ] produced identification. Type of identification produced
(Seal) ::VFr FloteryPuhlfaSlnteofFlptide NOT YPUB
��� V1tx�sae ftomaro
,� w� A,y Canminoiwl FR/29488
Po,t�° Es;Fiees QW04/2618
w.rrar�r wwn✓ Pr rt Name: i
N
My commission expires:
f
h
I.
3
32662147.3
Instr# 114964684 Page 4 of 10
EXHIBIT A
LEGAL DESCRIPTION
PROPERTY
Parcel A,St. Maurice Plat,according to the plot thereof,as recorded In Plat Book 101,Page 17,
Public Records of Broward County,Florida.
Parcel Identification Number:304232-29-0010
fi
32662147.3