Broward County Commission Regular Meeting

MOTION TO APPROVE Amendment to Amended and Restated Declaration of Covenants and Restrictions amongst Broward County, the City of Coral Springs and Tnhyif Reiv Kilo, LLC correcting an error in the legal description contained in an exhibit to the original agreement; and authorize Mayor and Clerk to execute same. (Commission District 3)

(Per the Tuesday Morning Memorandum, signature pages have been received.)

ACTION:  (T-10:27 AM)  Approved.
 
VOTE: 8-0.  Commissioner Ryan was not present during the vote.

Board of County Commissioners' approval is required to enter into agreements related to real property interests pursuant to Broward County Administrative Code, Section 6.23.

Corrects the legal description contained in Exhibit 5 of the Amended and Restated Declaration of Covenants and Restrictions.

None.

On June 26, 2007 (Item No. 4), the Board of County Commissioners approved an Amended and Restated Declaration of Covenants and Restrictions, Non-Exclusive Easement and Exclusive Parking Rights, Access Easement, Party Wall and Maintenance Agreement (Agreement) amongst Broward County, the City of Coral Springs, and Amera Charter Place, Ltd. which provided for, among other terms,  various easements in favor of Broward County which were needed for the use and operation of the Northwest Regional Library. The Agreement encumbers properties currently owned by Broward County, the City of Coral Springs, and Tnhyif Reiv Kilo, LLC, as successor in interest to Amera Charter Places, Ltd.

Exhibit 5 of the Agreement was supposed to describe the tract of land which the Coral Springs Community Redevelopment Agency conveyed to Amera Charter Place, Ltd. Instead, the legal description for the property that Amera Charter Place, Ltd. was transferring to City of Coral Springs Redevelopment Agency was inadvertently inserted as Exhibit 5. Tnhyif Reiv Kilo, LLC intends to sell its property located at 3201 North University Drive in Coral Springs, identified by Folio Number of 4841-22-20-0011, and wishes to correct the error in Exhibit 5 as it creates a cloud on title. The proposed amendment substitutes the correct legal description as Exhibit 5.

Tnhyif Reiv Kilo, LLC plans to close prior to the end of year. The City of Coral Springs is scheduled to consider this item on December 6, 2017. Staff will substitute the signature page to the Agreement executed by the City upon receipt of same.

All documents have been reviewed and approved as to form by the Office of the County Attorney.

Purvi A. Bhogaita, Director, Real Property Section, (954) 357-7333
Thomas J. Hutka, P.E., Director, Public Works Department, (954) 357-6410