Title
A Resolution Of The City Commission Of The City Of Hollywood, Florida, Releasing And Terminating The Declaration Of Unity Of Title Between Two Parcels Located At 5510 South State Road 7 And 5530 South State Road 7 (Folio No. 5040-36-10-0750) And Authorizing The Execution Of A Declaration Of Covenants In Lieu Of Unity Of Title; And Providing An Effective Date.
Strategic Plan Focus
Economic Vitality
Body
Staff Recommends: Approval of the attached Resolution.
Explanation:
Background:
On July 11, 2013, The Planning and Development Board approved a site plan for a McDonald’s Restaurant located at 5510 and 5530 S. State Road 7, under resolution 13-DPV-12, attached hereto as Exhibit ‘E’. This was Phase I of an overall development. At the time a Unity of Title was also requested.
On January 21, 2020, Phase II of the development, the Kosher House Hotel, was approved under resolution 19-DP-04, attached hereto as Exhibit ‘F’.
On October 2nd, 2013, the owner recorded a Covenant of Unity of Title in Official Records Book 50223, Page 1548 of the Public Records of Broward County Florida attached hereto, as Exhibit ‘A’. This covenant was executed to unite Parcel A1 (5530 S. State Road 7) and Parcel A2 (5510 S. State Road 7). The original covenant expressly provides that it may not be terminated, amended, or revoked without the express consent of the City Commission.
Request:
On May 9, 2025, Kaliff Corp., the property owner, submitted a request, see Exhibit “G”, to dissolve the Covenant of Unity of Title between parcels A1 and A2, see Exhibit “B”. Because the existing covenant currently prevents the issuance of separate tax folio numbers, the owner proposes replacing it with a Declaration of Covenants in Lieu of Unity of Title, see Exhibit “D”. This new declaration will preserve the property’s unified status under the City’s Zoning and Land Development Regulations and Building Code, while allowing two distinct tax folio numbers: one for the McDonald’s restaurant parcel and one for the Kosher House Hotel parcel.
The new Declaration of Covenants, Conditions, and Restrictions in Lieu of Unity of Title, attached hereto as Exhibit ‘D’, has been reviewed by both City Attorney and Planning staff. This declaration safeguards and protects both parcels by confirming their shared access and infrastructure arrangements and can be executed through City Attorney and Development Services.
Staff recommends approval with the following condition:
a. Upon approval by the City Commission to dissolve the existing Covenant of Unity of Title, the Declaration of Covenants in Lieu of a Unity of Title for the parcels located at 5510 and 5530 South State Road 7 be executed and recorded with Broward County.
b. The effective date of this agreement shall be contingent upon the successful completion of condition “a” set forth above.
Exhibit “A”: Existing Recorded Unity of Title
Termination of Unity of Title
Current survey
Proposed Declaration of Lieu of Unity of Title
Resolution 13-DPV-12
Resolution 19-DP-04
Cover Letter
Fiscal Impact:
Approval of this Resolution will not fiscally impact the City.
Recommended for inclusion on the agenda by:
Cameron Palmer, Planning Manager
Anand Balram, Assistant Director, Development Services – Chief Planner
Andria Wingett, Director, Department of Development Services
Raelin Storey, Assistant City Manager