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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent J. Kastarlak, NCARB Director Building Planning & Zoning Engineering OccupanonalLicense Community Redevelopment May 13, 1998 Ehasz Giacalone Ehasz Giacalone Architects, PC 431 Conklin Street Farmingdale, New York 11735 Re: Palm Walk ACLF File Number: COUS 97-006 - Conditional Use Location: S.W. 19th Avenue Dear Mr. Giacalone: Enclosed is the City of Boynton Beach development order regarding the City Commission's May 5, 1998 approval of your conditional use request, regarding the above property. This approval includes your suggested relocation of the kitchen and dumpster from the front of the property to the northeast corner of the main (non- administrative) building. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, kIJv-/)liyd.jdJ~ Tambri J. Heyden, AICP Planning and Zoning Director T JH:mae Attachment Xc: Central File (S:\SHRDA T A \Planning\SHARED\ WP\PROJECTS\P ALM WALK ACLF\Dev Order letter. doc) America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 DEVELOPMEt-rT ORDER OF THE CITY COMMIS.SION OF THE OF BOYNTON BEACH, FLOf r. (fa : l..Iey. d~NN.lN~ ~ctt:!k. L,~~ PROJECT NAME: Palm Walk ACLF APPLICANT'S AGENT: Ehasz Giacalone Architects, PC ~) f?~ ~ n Wi ~ rn~ !~) ~~-""._-; ~._- , ~ I 'r' . U ':: MAY 12~~JI' ! . '!'of) " . ~l~__ APPLICANT'S ADDRESS: 431 Conklin St., Farmingdale, NY 11735 DATE OF HEARING BEFORE CITY COMMISSION: 4f21/S8' ~/P8 TYPE OF RELIEF SOUGHT: Conditional Use LOCATION OF PROPERTY: S.W. 19th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant -1L. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". ". 4. The Applicant's application for relief is hereby --1L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: /J1~" II ~ /9 94 City Clerk J:\SHRDATA\Planning\SHARED\WP\projects\Palm Walk\COUS-97\DEVELOPMENT ORDER REV. doc EXHIBIT "C" Conditions of Approval Project name: Palm Walk ACLF File number: COUS 97-006 Reference: The plans consist of9 sheets identified as 2nd Review. Conditional Use. File # COUS 97-006 with a January 26. 1998 Planning and Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: 1. All utilities easements shall be shown on the rectified landscaping X drawings so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utilities easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LOR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. 2. Fire flow calculations will be required demonstrating the city code X requirement of 1500 g.p.m. as stated in LOR Chap. 6, Art. , Sec. 16, or the requirement imposed by Insurance underwriters, whichever IS greater. (See Sec. 26-26(a)). Submit these calculations with HRS permit submittal. 3. Comp Plan policy 3C.3.4 requires the conservation of potable water. X City water may, therefore, not be used for irrigation where other sources are readily available. 4. The Utilities Department has concerns that a 4 foot high wall on the west X side of the lift station will obstruct the Utilities Department drivers' view when they exit the station, and pose a hazard to pedestrians, bicyclists, etc. on the sidewalk. FIRE Comments: 5. Provide a 44-foot wide paver block access drive for emergency vehicles X connecting the northwest comer of the parking lot to the paver block promenade. This access shall be free of all landscaping. Install removable bollards at the north and east ends of the paver block area. 6. The roadways, paver block promenade and parking areas must be X Page 2 Palm Walk ACLF File No. COUS 97-006 DEPARTMENTS INCLUDE REJECT designed to support 56,000 lbs. Increase the width of the paver block promenade to a minimum of 16 feet and dimension accordingly. 7. Install fire lane signs on the bollards at both ends of the paver block X promenade. 8. Install hydrant along the east side of the property near the entrance to the X driveway to meet the 200 foot coverage requirement. 9. Show a standpipe on the north side of the main building. X POLICE Comments: None X ENGINEERING DIVISION Comments: 10. On site plan and paving and drainage plan clarify traffic flow into X covered front entrance. One plan shows entering from north and other shows entering from south. Adjust pavement markings and signs to match. 11. Indicate on all appropriate plans all traffic control markings and signage X in the vicinity of the covered entry. (Refer to note 11 above.) 12. Provide an Engineer's certification (letter to be sealed by Engineer) that X drainage will conform with all rules, regulations, codes, etc. including LOR Chapter 6, Article IV, Section 5. [LOR Chapter 4, Section 7.F.2.] 13. All plans submitted for specific permits shall meet the city's code X requirements at time of application. These permits include, but are not limited to the following: site lighting, pavmg, drainage, curbing, landscaping, irrigation and traffic control devices. Permits required from agencies such as FDOT, PBC, SFWMD, DERM, LWDD, DEP and any other permitting agency should be included with your permit request. 14. Site plan shows 21 parking spaces and paving and drainage plan shows X 20 parking spaces. Revise plans to match. 15. Correct all plans to show consistency in the dumpster area design. X 16. Provide a 12 foot by 35 foot loading zone for the receipt or distribution X of materials. [LOR Chapter, Section I1.J.2.a.] Page 3 Palm Walk ACLF File No. CODS 97-006 DEPARTMENTS INCLUDE REJECT BUILDING DIVISION Comments: 17. The architectural drawings shall be sealed, signed and dated by a Florida X registered architect. 18. At time of permit submittal provide an executed and recorded easement X release form that indicates the roof overhang of the administration building may encroach into the thirty (30) foot wide roadway/utility easement that is identified on the survey. Also provide an executed and recorded easement release form that indicates the concrete block walls that are shown on the plans may encroach into the twenty-five (25) foot wide road and utility easement that is identified on the survey. 19. At time of permit submittal provide a sample of the pink and white color X specified on the plans for the monument sign. 20. Amend the paving and drainage and landscape plans to show and label X the accessible routes that match those depicted on the site plan. 21. Modify the slope of the flare sides of the curb cut detail drawing found X on the typical parking detail drawing to reflect 1: 12 side slopes. Also, show a 6 feet long level landing at the top and bottom of the curb ramp. 22. Add to the wheel chair ramp detail drawing found on sheet 4 of 5, the X code required slope for the flare sides of the ramp. Also show on the plan view drawing the location of the proposed wheel chair ramp. 23. Add to the section A-A detail drawing, the north property line and X indicate the dimension from the property line to the edge of the parking area. 24. Add to the section C-C detail drawing, the east property line and the X accessible sidewalk that is located on the west side of the entrance driveway access aisle. PARKS AND RECREA nON Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X Page 4 Palm Walk ACLF File No. CODS 97-006 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 25. Any roof top equipment shall be screened from view at a distance of 600 X feet. If such equipment is planned, indicate its location and the height of the equipment above the roof level. Provide elevations of the structure showing the roof top equipment and the required screening (all reduced to a small scale) and draw in on these elevations the lines-of-sight connecting the highest point of the equipment with the eye level from a distance of 600 hundred feet from the building (LOR, Chapter 9, Section 11.E). If necessary, provide architectural details of screening structures. 26. Add a note that the dumpster enclosure and buffer wall color shall match X the building to meet the design standards as described in LOR, Chapter 9, Section 10.C. 27. In order to eliminate potential conflicts between trees and utility lines X show on the landscape plan all easements that are existing or proposed with this development plan; specifically the 25 foot easement along the front of the property. 28. Provide a recent, not older than six months, survey of the property X meeting the requirements of LOR, Chapter 4, Section 7.A. Specifically, provide a clause on the survey stating that the property was abstracted for right-of-ways and easements. 29. Provide a unity of title for review by staff, prior to recording, for all lots X and parcels comprising the site. 30. Dimension the minimum 40 foot on center spacing for the trees along the X east property line. 31. Correct the hedge spacing and height in the plant list to reflect 24 inches X D.C. and 18 inches in height. 32. Reflect the number of interior parking spaces as two and the interior X landscape trees as 1/500 or 1 tree. 33. Dimension the perimeter landscape strips. The east strip needs to be 5 X feet wide at all points. 34. Show a hedge along the north property line and reflect the north and east X hedge distance on the tabular summary. Page 5 Palm Walk ACLF File No. COUS 97-006 DEPARTMENTS INCLUDE REJECT 37. Label lift station on the landscape plan. X 38. On the landscape plan the main building encroaches into the west X setback. Change to match the site plan setback. 39. Locate existing fire hydrant on the landscape plan. Shrubs conflict with X the landscaping. 40. Clearly show the location and height of the existing and proposed X masonry walls on the site plan, landscape plan and paving and drainage plan. 41. Light fixtures required to illuminate the entrance access isle shall be X directed away from the residential area located east and south of the site. 42. Landscape plans show gazebo as "proposed", whereas the site plan does X not describe it as "proposed". Modify plans so that the gazebo is described consistently in all documents. 43. To maximize compatibility with adjacent residential properties, reduce X maximum building height to 20'. 44. Amend the site plan application to correct the inconsistency between it X and the site plan with respect to gross floor area. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 45. NONE. - X ADDITIONAL CITY COMMISSION CONDITIONS - ~ 46. Te 98 Q8t8R1liR~rI ~N4r TJH/dim s:\projects\cond of appr\\Palm Walk\COUS.97 MEETING MINUTES REGULAR CITY COMMIf -., ,MEETING BOYNTON BEACH, FLORuJA APRIL 21, 1998 Mayor Taylor admitted that this question has been brought to the public on several occasions in the past and each time it was voted down. However, in the past election, the question failed by 63 votes. The majority of the people who voted wanted to keep term limits. Since that election, he has received requests from groups of people who would like to see this issue put on the ballot again. According to the remarks heard this evening, those groups of people who want the question on the ballot again are in the minority. Mayor Taylor feels the opposers of this issue should not fear seeing this question on the ballot again because they will defeat it easily. Mayor Taylor reminded the public that it is his job to listen to the minority as well as others. Mayor Taylor said he is pro-unlimited terms and his support of this issue does not have anything to do with his being elected. Vice Mayor Jaskiewicz advised that there were at least 10 names she could mention that were voted out of office after two years. She feels that if a Commissioner is doing a good job, that person will be reelected. If not, the person will be voted out. She feels a choice is necessary. Mayor Taylor pointed out that he defeated an incumbent and two former Mayors. CITY COMMISSION TO RECESS TO EXECUTIVE SESSION FOR THE PURPOSE OF UPDATING THE'CITY COMMISSION ON THE WILUNGHAM CASE REGULAR MEETING WILL RECORVENE FOtLOWING EXECUTIVE SESSION Attorney Kezrol advised that the purpose for the Executive Session is cDvered under 286.1011 Florida Statutes to discuss the City of Boynton Beach vs. Betty Willingham, Case #90-08156. In attendance will be the members of the City Commission, Assistant City Attorney Kerry Ezrol, City Manager Kerry Willis, and special counsel Rusty Roberts. This session will last approximately 30 minutes. Attorney Ezrol advised that the private session to discuss the litigation is governed under Section 286. When that meeting is cDncluded, the regular City Commission meeting will be reconvened for the purpose of concluding the private session, and then the Executive Session will be convened. The regular meeting was recessed at 7:25 p.m. to discuss the Willingham case. The regular meeting reconvened at 8:10 p.m. and immediately recessed to Executive Session to discuss collective bargaining issues. The regular meeting reconvened at 8:29 p.m. VII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Agent: Owner: Location: Description: Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates S.W. 19th Avenue Request for conditional use approval to construct a 48-bed Alzheimer care living facility 11 MEETING MINUTES REGULAR CITY COMMI: ,,-.41 MEETING BOYNTON BEACH, FLORIDA APRIL 21, 1998 (POSTPONED TO 4/2.1/98 C.1TY COMMISSION MEETING) Mayor Taylor announced that the Planning & Development Board, with a vote of 4-3, recommended approval of this application. Attorney Ezrol administered the oath to all who would testify in these proceedings. In response to Mayor Taylor, Richard Sovinskv. advised that he did not disagree with any of the conditions of approval. He reported that during the Planning & Development Board meeting, the applicant was requested to reduce the height of the building to 20'. The applicant has fulfilled that requirement. He further reported that a fence will be erected along the L-26 canal even though it does not appear on the elevations at this time. The fence is depicted on the floor plans. Ms. Heyden advised that this is a request for a conditional use. This request requires review against 12 conditiDnal use standards. The applicant has met all of the conditions and staff recommends approval of this project. Bill Lvnch. 1912 SW 16th Avenue. is president of Boynton Leisureville Community Association. During the Planning & Development Board meeting, he objected to the height of the structure at 36'. Because the applicant has reduced the height of the structure to 20', Boynton Leisureville will support the project. Vice Mayor Jaskiewicz expressed concerns about the location of the kitchen and the loading zone in front of the building. This loading zonin~ will face a residential home. Mr. Sovinsky explained that a wall will block the view of the loading area. Vice Mayor Jaskiewicz reminded Mr. Sovinsky that the wall c;:annot be higher than 6'. In addition, the dumpster would be visible from the street. This plan is not acceptable for those reasons. Vice Mayor Jaskiewicz questioned why the size of the originally approved plan was increased and why there is no set timing for the construction of the gazebo. Vice Mayor Jaskiewicz feels there is not enough recreational outdoor area to accommodate the number of people for this facility. Vice Mayor Jaskiewicz questioned why the applicant did not plan the gazebo and administration building for the front of the project and move the kitchen '.lnd loading area in the rear. In response to Mayor Taylor, Mr. Sovinsky said the dumpster would be enclosed. He further added that the Planning & Development Board did not raise any questions about the location of the dumpster or the loading area. Mayor Pro Tem Tillman inquired if it would be possible for the applicant to reconfigure this project. Mr. Sovinksy explained that the reason for locating these services on the outside of the project is that the project including the administration building turns inward on a courtyard (The Palm Walk). The Palm Walk part of this project is in an easement. 12 MEETING MINUTES REGULAR CITY COM"" . ~, IN MEETING BOYNTON BEACH, FL<Jn1DA APRIL 21, 1998 Mayor Pro Tern Tillman asked if the project could be reconfigured so that the kitchen is located in the rear with the administration building in the front. The delivery trucks could be brought in from the rear to service the building. He further recommended dropping the dock. Mr. Sovinsky advised that the trucks could enter from the rear; however, the kitchen needs to be in the living facility. Mayor Taylor questioned whether there would be landscaping around the wall that separates the residents from this project. The applicant responded affirmatively. Mr. Sovinsky explained that the applicant's intention was to enter into the administration building in the rear of the project where the parking is located. When the people leave the administration building, they will enter the living facility under a canopy from the rear. Commissioner Titcomb noted that the landscaping in front of the wall in the kitchen area would include Ficus religiosa. He asked how tall the plant will be at maturity. Mr. Sovinsky was unable to respond and offered to secure that information from the landscape architect. Vice Mayor Jaskiewicz reiterated that she would not support this project with the kitchen, loading area and dumpster in front of the building. Mr. Sovinsky offered to try to revise the reconfiguration. However, he requested an opportunity to review the history of the project. Mayor Taylor offered to table this application until the next meeting to offer the applicant an opportunity to address these concerns. Mayer Taylor feels this is a good project, but it is important that it is adaptable to the neighborhood. Mr. Sovinsky agreed to look into the history of the project and to try to make the project more compatible with the neighborhood. Motion Mayor Pro Tem Tillman moved to table Palm Walk ACLF. Commissioner Titcomb seconded the motion that carried unanimously. B. Project: Agent: Location: Description: Hills at Lake Eden PUD Mike Zeman 15.40 acres of property located between S. Sea crest Boulevard and Swinton Avenue just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive). Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen enclosures from 29' to 20' on Lots # 1 through #9 and on Lots #17 through #25; and to reduce the required minimum side building setback from 10' to 7 V2' on Lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the 13 MEETING MINUTES PLANNING &. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 14, 1998 Attorney Pawelczyk explained that the Planning & Development Board has the power to present this sl/ggestionto the City Commission. With Mr. Rosenstock's approval, Chairman Wische clarified that the motion stands as a suggestion to the City Commission. The motion carried unanimously. C. Joint City Commission, Planning &. Development Board and Chamber of Commerce Workshop to be held April 23, 1998 at 6:30 p.m. in the Library Program Room Ms. Heyden reminded the board members of the joint workshop meeting that will be held on Thursday, April 23, 1998 at 6:30 p.m. in the Library Program Room. Property owners along Boynton Beach Boulevard and Federal Highway have been invited to attend. 6. OLD BUSINESS None 7. NEW BUSINESS A. PUBUC HEARING Attorney Pawelczyk administered the oath to all witnesses who would testifY during this evening's proceedings. Chairman Wische recognized the presence in the audience of Commissioner TItcomb. Conditional Use (Tabled at the February 24, 1998, March 10, 1998 and March 24, 1998 Planning & Development Board meetings.) Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates SW 19th Avenue Request for conditional use approval to construct a 48-bed Alzheimer care living facility to be known as the Palm Walk adult living facility. Richard Sovinsky, of Ehasz Giacalone Architects, 431 Conklin Street, Farmingdale, New York, said the project is basically the same building that was before this board previously. The only change is the facility is now a 48-bed facility with 3,000 additional square feet. The applicant has attempted to keep the building similar to the original design. The roof was changed from the original plan. 1. Project: Agent: Owner: Location: Description: 3 MEETING MINUTES PLANNING &. DEVELOF-IVtENT BOARD BOYNTON BEACH, FLORIDA APRIL 14, 1998 CHAIRMAN WISCHE SOUCITED COMMENTS FROM THE PUBUC. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS APPUCATION. Chairman Wische reminded the applicant that there are approximately 40 staff comments associated with this application. He asked the applicant to address only those comments he disagrees with or that require clarification. Comment #43 The structure depicted on the plan is 36' in height. The cDmment requires that a height reduction to 20'. While the applicant is willing to reduce the 36' height, it would be difficult. The building is approximately 85' wide. Even if the applicant used a 4 on 12 roof, the center would be approximately 24' to 25'. Mr. Rumpf explained that staff is attempting to be consistent with the original plan and the review of the original application that was approved for this site. The first proposal depicted the height of the building at 25'. Staff's condition, at that time, was to reduce the height of the structure to 20' to maintain compatibility with the adjacent residential structures. Mr. Gragg questioned why the applicant decided the height of the building needed to be 36'. Mr. Sovinsky explained that he tried to give a high pitched roof with cathedral ceilings and windows above the dining and living areas. The rooms that are around the dining and living areas would get natural light from the top. Mr. Dube pointed out that when this project was originally brought to Leisureville, they were in agreement with the plan. Mr. Dube questioned whether Bill Lynch was aware of the changes. Mr. Lynch said Boynton Leisureville was unaware of any changes that had been made. It was his understanding that this building was almost identical to the building proposed by Mr. Fazio. However, this proposal is not what Mr. Fazio proposed, and it does not comply with the surrounding buildings and structures in Boynton Leisureville. Mr. Lynch advised that Boynton Leisureville would oppose this project. Having heard these comments, Mr. Sovinsky said he could reduce the height of the structure. However, he will review the plans to see what can be done. He feels confident he can comply with the 20' maximum heigt .t, but believes there may be some flat-roof areas. Chairman Wische recommended that the applicant work out these details with staff prior to the City Commission meeting. Mr. Sovinsky agreed to comply with all other staff comments. Mr. Rosenstock advised that he would not support this application. He referred tD the back-up report that described the differences between ALFs and nursing homes. He expressed concern about the future potential of changing the ALF to a nursing home that would not be a permitted use in this location. He pointed out that there are three other sites in the Oty that have the same problem. The Oty would not be able to follow up because the change would not be visible from the exterior of the building. Mr. Rosenstock questioned how this situation could be 4 MEETING MINUTES PLANNING &. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 14, 1998 corrected. He inquired why staff is not enforcing the Code more strictly prior to accepting these applications. Ms. Heyden explained that staff has enforced the Code and watches these situations by checking the situation on a yearly basis at Occupational Ucense renewal time. The problem that is being encountered is that we no longer have an Occupational License inspector and renewals are done by mail. Mr. Kastarlak pointed out that although the Occupational Ucense Division does not have an enforcement branch, arrangements have been made with Code Compliance to act as the watchdog of the Occupational License Division. At renewal time, Occupational License Division looks at the site. If action is needed on the City's part, Code Compliance steps in. These situations are not being ignored. Mr. Rosenstock explained that a great deal of time was spent on the Comprehensive Plan to determine districts and classifications. He pointed out that once the City allows people to violate the Comprehensive Plan with respect to zoning districts, precedents are set for future violators. Mr. Rosenstock said he lives in this particular area and wants to be very careful about what is developed here. He wants strict enforcement of the designations in this City. Mr. Kastarlak reiterated that there is enforcement of the designations. One of the Planning & Zoning Division activities is the correlation of types of uses. This allows us to know the type of standards we should be working under. Mr. Kastarlak explained that the question is "what is going on behind the doors?" Enforcement is always an issue in all types of uses. He urged Mr. Rosenstock to bring forward specific cases he would like investigated by the Oty. Mr. Dube addressed Mr. Lynch about a previous request from Boynton Leisureville related to the canal between this parcel and Leisureville. Mr. Lynch advised that Boynton Leisureville requested a fence along the L-26 canal. The applicant agreed with the request. Motion Mr. Dube moved to approve the request for conditional use approval to construct a 48-bed Alzheimer care living facility to be known as the Palm Walk adult congregate living facility, subject to all staff comments. Ms. Frazier seconded the motion that carried 4-3. (Chairman Wische and Messrs. Rosenstock and Friedland dissented.) Rezoning Description: (Tabled at the March 24, 1998 Planning & Development Board meeting.) Hills at Lake Eden PUD Mike Zemen 15.40 acres of property located between S. Sea crest Boulevard and Swinton Avenue, just north of the westward extension of Gulfstream Boulevard (10 lake Eden Drive). Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and 2. Project: Agent: Location: 5 MEETING MINUTES REGULAR CITY COMM:"'_~j,\lN BOYNTON BEACH, FLORIDA APRIL 7, 1998 one should be afraid to run for office. No one can perpetuate himself/herself in office. If the electDrate is unhappy, they can vote a person out of office. Consensus There was a consensus of the Commission to direct Attorney Cherof to bring back t'1e appropriate language to put this issue on the ballot in November and give the voters another chance to vote on term limits. The first reading of the Ordinance will take place at the next meeting and the second reading will be at the first meeting in May. VII. PUBUC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project: Palm Walk ACLF Agent: Ehasz Giacalone Architects Owner: Palm Walk Associates Location: S.W. 19th Avenue Description: Request for conditional use approval to construct a 48-bed Alzheimer care living facility (TABLED FROM 3/.17/98 crTY CONMJSSJON MEET7NG) This item was postponed until the April 21st City Commission meeting. B. Project: Hills at Lake Eden PUD ~ (THJS JTEN WAS TABlED BY THE PLANNJNG /I DEVELOPMENT BOARD WHEN THE APPIJCANT DJD NOT APPEAR FOR THE MEET7NG.) Agent: Mike Zeman Location: 15.40 acres of property located between S. Seacrest Boulevard and Swinton Avenue just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive). Description: Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen .enclosures from 29' to 20' on Lots # 1 throu~h #9 and on Lots #17 through #25; and to reduce the required minimum side building setback from 10' to 7 V2' on Lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the ....required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air) This item was postponed until the April 21st Oty Commission meeting. 17 m@rnnwrn ,,~' -~ . ! Mij: I" i~' . ~ l,__, .'........' '10___ MINUTES OF THE PLANNING AND DEVELOPMENT BO COMMISSION CHAMBERS, BOYNTON BEACH, FLORIDA TUESDAY, MARCH 24,1998 PRESENT: Lee Wische, Chairman James Reed, Vice Chair J. Stanley Dube Pat Frazier Mike Friedland Maurice Rosenstock Steve Myott, Alternate Tambrj Heyden, Planning & Zoning Director Michael Pawelczyk, Asst. City Attorney Bulent Kastarlak, Dir. of Development Michael Rumpf, Senior Planner . ABSENT: Jose Aguila 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:02 p.m. The Pledge of Allegiance to the Flag was recited. 2. INTRODUCTION OF MAYOR, COMMISSIONERS AND BOARD MEMBERS Chairman Wische introduced Vice Mayor Shirley Jaskiewicz; Bulent Kastarlak, Director of Development; Michael Rumpf, Senior Planner; Tambri Heyden, Planning and Zoning Director, Members of the Board; Assistant City Attorney, Michael Pawelczyk; and the Recording Secretary. 3. AGENDA APPROVAL No additions, deletions or corrections were made to the agenda. Upon motion by J. Stanley Dube and seconded by Steve Myott, it was unanimously voted to approve the agenda, which carried 7-0. 4. APPROVAL OF MINUTES Mr. Friedland noted that the motion at the bottom of Page 4 of the March 11, 1998 minutes is incorrect. The motion was in fact made by Mr. Myott, not Chairman Wische and was seconded by Mr. Aguila. MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 24. 1998 Mr. Dube also requested that the spelling of his name be corrected to show that his name is "J. Stanley Dube". The minutes, as corrected, were unanimously approved, upon motion by Mr. Friedland and seconded by Mr. Myott. Motion carried 7-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS. A. Report from the Planning and Zoning Department. Chairman Wische introduced Tambri Heyden for an update of the Planning and Zoning Department. Ms. Heyden reported the following: . The Palm Walk ACLF request for conditional use approval to construct a 48 bed Alzheimer care living facility to be known as Palm Walk has requested the matter be tabled until the next meeting and this will be their last extension. Ms. Heyden stated they would be prepared to go forward at the next meeting on April 14, 1998. . With regard to the Benvenuto Restaurant expansion and this Board's many recommendations, the Major Site Plan Modification has been submitted to the Commission and has been approved. 6. OLD BUSINESS None. 7. NEW BUSINESS A. PUBLIC HEARING 1. Project: Agent: Owner: Location: Palm Walk ACLF Ehasz Giacalone Architects Palm Walk Associates S.W. 19th Avenue Description: Request for conditional use approval to construct a 48 bed Alzheimer care living facility to be known as the Palm Walk adult congregate living facility. 2 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 24. 1998 Upon motion by Mr. Dube and seconded by Mr. Myott, it was unanimously voted to table the Palm Walk ACLF hearing until the April 14, 1998 meeting. Motion carried 7-0. Hills at Lake Eden PUD Mike Zeman 15.40 acres of property located between S. Seacrest Boulevard and Swinton Avenue, just north of the westward extension of Gulfstream Boulevard (10 Lake Eden Drive) Request to modify the approved rezoning master plan to reduce the required minimum rear setback for pools and screen enclosures from 29 feet to 20 feet on lots #1 through #9 and on lots #17 through #25; and to reduce the required minimum side building setback from 10 feet to 7% feet on lots #1 through #8; and to modify two conditions of the original PUD rezoning to reduce the required minimum dwelling unit size from 2,400 square feet (under air) to 2,250 square feet (under air); and to reduce the required minimum average dwelling unit size from 2,600 square feet (under air) to 2,450 square feet (under air). Chairman Wische stated that he spoke with the Development Director this morning to confirm that this matter was before this Board last year. Mr. Dube stated that it was before this Board three prior times and was not approved each time. Chairman Wische further stated that the City Commission voted it down each time also. Chairman Wische inquired why staff would bring this matter Lack before the Board since it was voted down three prior times. Chairman Wische asked Mike Rumpf, Senior Planner to attend the meeting in order to advise why staff is now recommending this matter for approval at this time. B. PUBLIC HEARING REZONING 1. Project: Agent: Location: Description: Tambri Heyden stated that staff wished to make a presentation. At this point in the meeting, Attorney Pawelczyk swore in all parties who planned to testify on any item on the agenda this evening. 3 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 24. 1998 Mr. Rosenstock inquired if the Applicant was present, and noted that the Applicant, in fact, was not present. Mr. Rosenstock made a motion that the matter be tabled due to the fact that the Applicant is not present. Mr. Myott seconded the motion. Chairman Wische asked Assistant City Attorney Pawelczyk for his opinion in this regard. Attorney Pawelczyk stated that the matter should be tabled due to the fact that the Applicant is not in attendance to present his case. Mr. Dube confirmed the fact that this request has been before this Board three previous times and the square footage appears to be different from the prior requests. This Board denied the matter; Petitioner has asked for set backs before and was turned down. When the matter appeared before the Commission, an agreement was reached between both parties. The petition at tonight's hearing is a change from that Agreement. Ms. Heyden left the meeting to determine if the Petitioner was in the parking lot or on his way to the meeting. Attorney Pawelczyk stated that the Board should refrain from any further discussion in this matter. Mr. Rosenstock stressed that the front doors to the Chambers should be open so that everyone desiring admittance to the meeting can have access. The recording secretary stated she unlocked the side door and would make sure in the future that the front doors were opened. Ms. Heyden upon return informed the Board the Petitioner was not present. Mr. Dube suggested that the meeting take a ten minute recess in order to give the Petitioner additional time to appear. Mr. Rosenstock brought before the Board an item he had come across in his files this evening. It pertained to a form that the City adopted in 1990 which is utilized as a result of Mr. Rosenstock's proposal. Specifically, the form is an affidavit that a developer must sign, stating that plans submitted on a particular date by the developer, and agree to abide by all the terms and conditions of the plan;, as approved by the City Commissioner, the Planning and Zoning Board, and the developer. This form resulted from the petition of the developer of the Casablanca Development to change the roofs as originally submitted to the Board. Mr. Rosenstock inquired if the Planning Board was still utilizing this form. Ms. Heyden stated that the form is still being used, however, there were some modifications made to the original form. 4 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 24.1998 Chairman Wische also stated that he was on the City Commission at that time. The project was originally presented for S-tile rooftops, but later the developer requested under a hardship for substitution of asphalt tile. When coming off 1-95, everything visible is either barrel tile or concrete block. Esthetically, it would not be pleasing to the neighborhoods; the substitution request was turned down. The developer threatened to sue; but that never came about and barrel tile was in fact used for the roofs. Ms. Heyden stated that Mike Rumpf contacted the petitioner and stated the petitioner could be at the meeting in 20 minutes. Discussion ensued to determine whether the meeting should wait for the petitioner to arrive or adjourn the meeting. Mr. Rosenstock stated, even though there are many people in the audience from the Hills at Eden Lake, this matter has been brought back to the Board several times. If in fact this meeting waited another 20 minutes for the developer to appear, the meeting would now be at least 40 minutes late. Mr. Rosenstock moved to adjourn. Attorney Pawelczyk reminded the Board that there is a motion on the table. Before Chairman Wische took a vote to adjourn the meeting, he asked if there were any comments from the Board. There were none. Chairman Wische asked if people in the audience wanted to wait an additional twenty minutes. . Attorney Lynn Ventry, an attorney from Boca Raton, who resides in the area, stated she felt due process had been met by sending the developer a notice of the meeting date and time, and that this meeting should proceed. Attorney Pawelczyk did not agree with Attorney Ventry's assessment and stated he is recommending that this Board table the matter until the next meeting to prevent a due process lawsuit against this City. Chairman Wische presented the motion as previously made befor) the Board to (able the Hills of Eden Lake PUD until the April 14, 1998 meeting. Motion carried unanimously, 7-0. 9. ADJOURNMENT There being no further business to come before the Board, Mr. Myott moved to adjourn 5 MINUTES PLANNING AND DEVELOPMENT BOARD MEETING BOYNTON BEACH. FLORIDA MARCH 24.1998 the meeting. Mr. Rosenstock seconded the motion, which c.arried unanimously, 7-0. Meeting adjourned at 7:20 p.m. Respectfully submitted, . t.~,- A hL u.~ Barbara M. Madden Recording Secretary (one tape) 6 MEETING MINUTES REGULAR CrN COMMISSION BOYNTON BEACH, FLORIDA MARCH 17,1998 V. CrN MANAGER'S REPORT: City Manager Willis reminded the Commissioners that she distributed a statement of pending legislative issues. She will keep the Commissioners updated on developments. She reported that the bills for 175 and 185 were not heard today as scheduled. Mayor Taylor announced that he would be leaving on Friday for a two-week vacation, and will return on April 5th. VI. PUBLIC AUDIENCE: Public Audience was delayed until 7:00 p.m. VII. PUBUC HEARING: A. Project: Palm Walk ACLF Agent: Ehasz Giacalone Architects Owner: Palm Walk Associates Location: S.W. 19th Avenue Description: Request for conditional use approval to construct a 48-bed Alzheimer care living facility (TABLED FRON 3/3/98 CJTY COMMrSSION MEE17NG) Tambri Heyden, Planning and Zoning Director, announced that the applicant has requested an extension. This item remained on the table. VIII. BIDS: None IX. DEVELOPMENT PLANS: None x. NEW BUSINESS: A. Request for Approval of Special Event for Sports Authority Dale Sugerman, Assistant City Manager, advised that this is a Grand Opening. He apologized for bringing this item to the Commission this evening, but explained that the City received the request after the closing of the agenda packet deadline. 7 [D) ~ @ ~ nn fii' IJll 813. ~ STATE OF FLORIDA) .:ss COUNTY OF ) I~.L/JJ ~E./l{J If \,;,~~ Ann Feldman, being dilly sworn, deposes and says: This affidavit is submitted in support of the Conditional Use Application of Palm Walk Associates, Ltd. Palm Walk Associates, Ltd., the owner of the property in question, is a Florida limited partnership whose sole general partner is PW A, LLC, aNew York limited liability company authorized to transact business in the State of Florida. I am the sole member ofPW A, LLC and, as such, am authorized to sign the Conditional Use Aplication dated November 3, 1997 for the Site, known as north side ofSW 19th Avenue, City of Boynton Beach, Florida, on behalf of Palm Walk Associates, Ltd. Sworn to before me on February /1 , 1998 ~ Notary Public :A:\AMFAFFID.SS ~~'~.. MRcted HInIde l:'~r~~ J8{ COMMISSION , CC535081 EXPIRES ~.:s&l~ff Aprl15. 2000 '"rH.., ft."<f,."<' BONDED THRU TRll'f FAIN INSUAANCf, INC. 'U"I' "t.l5 .. It 0 8 n::~. .11. -'9_8. 16: 41, X~ESH I II I I, I STATE OF FLOlUDA) I TEL: 4l ~ 'S:i Ol)Ij~ P.2 P. UU2 COUNTY OF ) IA.t.D? ~rA111- t br.1rg duly swo~ dtposes and says' This aftida . is s mined in support oftht Co.udi ional 'Use Application of Palm Walk AliDciates, Ltd. I Palm Wa A~' es, Ltd., the OWDer ofthc prell letty in question, is a Florida : limited partnership who 11 etal partner is FW A. LLC. a 1, ew York limited liability I company .",thomed to tt $A ~ess in the State offlorida..1 am the sole member ofPWA. : LLC and, as such, am aut om to sign the Coo.ditioaaJ Use AIIJ icatioD dated November 3, 1997; for the Site. known as nofth si4d ofSW 19th Avenue, City of Be) J'DtOIl Beach, Florida. on behalf: olPolm Walk Auoci.te~ltd. i I I I I I I , Swom to before me on Febnwy /1 , 1998 :I\;WQl~.SS FEE 10 '98 15:45 P.2 STATE OF FLORIDA) .:SS COUNlY OF ) Ann FeIdman~ being duly swom, deposes and.ays: This affidavit is submitted in support of the C( Ilditional Use Application of Palm W Ilk Associates, Ltd. Palm Walk Associates, Ltd., the owner ofthe)roperty in question, is a Florida limited partnership whose sole general partner is PW A, LLC, a New York limited liability company authorized to transact business in the State ofFlori,.a. I am the sole nwnber ofPWA, LLC and, as such, am authorized to sign the Conditional U~l ApJicution dated November 3, 1997 for the Site, known as north side of SW 19th Avenue, City oj Boynton Beach~ Florida, on behalf ofPahn Walk Associates, Ltd. Swom to before mo on February ,1998 Notary Public :A:\AMfAFFID.SS ~99~ . "'::I: b;lIiM'\(~.:,Ot""'.H:->' ...,...." .' ___ .. .. _.. _~?S p~ FEB 06'9S 09:09 2 Fee File No. CONOITIONAL US~ A~PLICA~10N Date. s"wm1ct.ed.l NO\'EMBER 3, 1997 ,- A.ppliCClJlt Name i P1J.M iiAJ..K PlSSOCIATES Ap9~ic"'t\t Addr~~s \ lSJ'79 ~s AVENJE ~~ SUCCESS, NEW ~ PHONE: (516) 358-1~80 gite Address: sw .1~TH Av;N.lJ, CITl OF ~ BEAClI, 11042 ip c:ode) 1~3 t,,9gal Descr).ptiotl: NORl'H SIOS OF SVf 19'J:H AVEtllE ADJACENT 'ro w.HERE ~ WAY '.tERMINATES AT SW 19Tf;i AVENUe. Projsct Description: 48 BED ALZHEIMER CAltE LIVING FACILITY' t.r' P< reby bove o act as gard to (To be WIler her to act. 2 Fee File No. CONDITIONAL USE APPLICATION Cate Submitted: NOVEMBER 3, 1997 Applicant Name: PALM WALK ASSOCIATES Applicant Address: 1979 MARCUS AVENUE LAKE SUCCESS, NEW YORK 11042 PHONE: (516) 358-1980 (zip code) Fax: (516) 358-1993 Site Address: SW 19TH AVENUE, CITY OF BOYNTON BEACH, FLORIDA Legal Description: NORTH SIDE OF SW 19TH AVENUE ADJACENT TO CANAL, WHERE ROMA WAY TERMINATES AT SW 19TH AVENUE. Project Description: 48 BED ALZHEIMER CARE LIVING FACILITY d fVE~ . tTlJ '(~I e-tct\ t"drtlit:t' ./ K '1 ~_ ~~J !frI- ~~ U>~. /tf1 (J) r~~ ? /' (!Jfql' 2 of ~ ~<2- luf_ A-i~~ J /)v'"t.\..ti' t-l.z-/~ _ / ~,b :,.,^~ ~" a1- ' "~ . 6J~~~1-'~ .- (v...;.~ '\.- (,(-- cO'''') J !'-.-)) ji..~-&- It.... The OWNER has hereby designated the above ~~3ned person to act as s agent in regard to f' 'u-.-(Iv is petition. (To be , :cuted when Owner .J~...R-. i _ . "O~'(-.' si~nates another to act y.,~ ,.7 ~~lfC ,^,~.1, h~s behalf.) c /. \/f\., S i/ rl.,G~fl0 \ ,'. , ~..t-< r' -1 \i 1 .):Gf- \ 'f~ J .lD J : ,ir 0/;'" v. ~'L\\ I '. . ,,/1\ I o '/" J/".J' " T , 4 CONTENTS OF THE CONDITIONAL USE APPLICATION II. CONTENTS OF THE CONDITIONAL USE APPLICATION. Application for conditional use shall contain two (2) copies of the following items: a. Statement of the applicant's interest in the property to be developed, including a copy of the last recorded Warranty Deed, and a certificate from an attorney-at-law or a title insurance company certifying who the current fee simple title holders of record of the subject property are, and the nature and extent of their interest therein, and 1. 2. fT;/ \ 'j 3. "' L/ 4. (5) If joint and several ownership, a written consent to the development proposal by all owners of record, or If a contract purchase, a copy of the purchase contract and written consent of the seller/owner, or If an authorized agent, a copy of the agency agreement and written consent of the principal/owner, or If a lessee, a copy of the lease agreement and written consent of the owner, or If a corporation or other business entity, the name of the officer or person responsible for the application, and written proof that said representatives have the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. b. Legal survey, prepared by a surveyor registered in the State of Florida, showing an accurate legal description of the subject property, and the total acreage computed to the nearest one-hundredth (1/100) of an acre (these two surveys are in addition to the surveys required on page 6 of this application, Sec. III.19.). c. Vicinity map, showing the location of the subject property in relation to the surrounding street system. d. Drawing showing the location of all property lying four hundred feet (400) adjacent to the subject parcel, and a complete list of the property owners' names, mailing addresses and legal descriptions. The owners of property shall be those recorded on the latest official County tax rolls. Such list shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, said list is complete and accurate. FEB 11 '98 16: 41 P.i PALM WALK ASSOCI.t~ TES, LTD. 1979 Marcus Avenue Phone: (516) 358-1980 Lake :SuccesSt NY 11042 FaJ~ # (516) 358-1993 FAX COVER SHEET FROM: ,'F0h. II f I qq g' ~dA. H/lMP> DATE: PLEASE DELIVER THE FOLLOWING PA,';ES TO: NAME: ~ _ COMPANY: _.p~ <r 2'ChLv-"~ ~;~ ADDRESS: ~~~~ 6uclt, FL FAX NUMBER: (5(P/) 3,5-(PZ6Cj NUMBER OF PAGES: ~ (INCLUDING COVER SHEET) C OMMENT_S r2L.'. f~ /)J~ );~Utdb;.- CIJ-~~c/x,J luL. 4rAud-t~ H~ vJ /lU)I-ruL,0)~ A-Md~(/(_.-~ ~a~ ~~ ~ p-d-- f-v~~ ~_ ~~ b _- Ex:.- rJlA ~ ~ I ~ - V(';v'\- 6ff;~ -Ph~ ft, - FEE 10 '98 15:45 P.l PALM WALK ASSOCI~\TES, LTD. 1979 Marcus Avenue Phone: (516) 358..1980 Lake ~~uccess, NY 11042 Fa:t # (516) 358...1993 FAX COVER SHEET DATE: r{b. 10, lqq f L I/K'~ H!lUJ 1<-0 FROM: PLEASE DELIVER THE FOLLOWING PAl fJES TO: NAME: '{)(}/)AI/II~/WA ~ .~ ~ t'~"":'"VY''7J cI- .?-~. ~hM. ~d~ "_'PL ADDRESS: O~ ' FAX NUMBER: (at )3/5- ~2.59 NUMBER OF PAGES: dZ (INCLUDING (OVER SHEET) COMPANY: CO MMEN T._i It ~~ tM.I- ~.~ f};{(i~ WIll ~ ~ -2f It~ Ot ~ ~. @ui~ cJ~ ~~ FEB 06'98 ARCHITECTS ~ PLANNERS . INTERIOR DESIGNERS 09:09 478 pal OEGAJ EHASZ GIACALONE - ARCHITECTS. P .C. [ T~S~TTAL J 431 CONKUN STREET FARMINGDALE. N.Y. 11735 TEL: 516-420-8383 FAX: 5 I 6-420-0195 DATI.: J'ebJ.'uary 6, 1998 FAX' 561-375-6259 FAX: FAX: FAX: FAX: FAX: FAX: FAX.' iU'OV.: ..verly AI1N: ,(f1N: AI'1N: tfl1]l: Al1K A1.'IN: Al1R TO: aJ,l'ANY; Ci ty af Boynton B. CXM'ANr cr:M>AK: ClJ\#'AW! cr:u>A'vl': ml'~l': a::u>AM' tJ:U1~ Rl!:: Palm walk ACLI' soynton B.ach. v.L ARcmTECT'S PROJECT NO: 517110 No. of pages 2 ( IneWng colltr ,heet ) FROM: LOOIS GrACALORK. RA Kindly notify us at QN:C if you do not receive the number of pagel indicated. REMARKS: Attached is the Conditional Use porm signed by me. The baa designated U8 as the agent to recei~e information. the owner is sending you an affidavit attesting to her participatiQn. Please call ~ if thi. is not what you owner Also need. Rev, oeI1.u97 t.\1lIMI.91'1e11 1(l\fbclyn02O$,cIol~ Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E. BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORI DA 33425-0310 FAX: (561) 375-6259 PLANNING AND ZONING DIVISION date: ~JVuLk~b / 4/0 'W -0/9s ~/S /9 p to: fax #: from: PLANNING AND ZONING re: ~~ ~J~) - ~ JYiU-t___ fJmdj~ Iia.t- 7-~),+~P.J -~- anoGLt~)~rk ()//7//1 &~.LM~ ~OI1r)~~) (P7 if ~iJ - '/1.-L ~ pages: ii, including cover sheet. ~ ~.../ m..rn~ ~r:Lrn~~b~ ~~j~~~ i ~h-J 61 ap.plu 0 PI ' dZ' D'" annmg an onmg IVlSlon City of Boynton Beach Boynton Beach, Florida 33425 375-6260 Fax: 375-6259 ~SMISSION VERIFICATION REPORT TIME 02/05/1998 09:54 NAME BOYNTON BEACH P & Z FAX 5613756259 TEL 5613756260 DATE, TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE 02/135 09:52 815154200195 013:01:21 133 OK STANDARD ECM ~~ .....' ~ ~~-=~~--'.:.st-L _ ~~ - ':A'~ _-~ ~ :A:, ~..- ,,~ _ _,~,_ ~;;:,_ '_~ ~';:: -"~:: _'':'_ _,",,_ _~':,~ _'~~ Ar-~~ ~ , . ,JfER/Ct\L.\VDTlTLEASSOC/4T10\ ~ ': ' (m\'ER'SPOLlCYrf()-/7-92/ (WITH FLORIDA MODIFlCATIO.YS) .~i ~i ! '1 ,j :~. '-~-~ ~1 j .>> ,~ 1 ',.1 ;i?l oJ ;~1 ,j :1 :; ,,,:~ ~~ ~ ~, ~~ ~, j ~ ~ ~ ..:~ 1 ~ ~. Fe '"" ~, 10 1265 106 00000013 CHICAGO COMPANY TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company. insures. as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A. sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land, The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In JVzmess Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: , MC DERMOn, WILL & EMERY 201 S. BISCAYNE BLVD. MIAMI CENTER, 22ND FLOOR MIAMI, FLORIDA 33131 (305) 358-3500 cmCAGO TITLE INSURANCE COMPANY By: ~--/ //~/ By: ~;~ '" ~~ ..:;:.. ~":;. .., ~'~ .:' _::;, .;:' ,"" "; "" !li.:;' -.. ~ .,...." ,. ~ '" ~.. .' AL T A Owner's Policy (J O-17-92)(WITH FLORIDA MODIFICATIONS) EXCLUSIONS FROM COVERAGE The following ma"ers are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, a"orneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (Iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the publiC records at Date of Policy. but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other ma"ers: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (I) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (il) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. OWNERS SCHEDULE A OFFICE FILE NUMBER POll CY NUMBER DATE OF POLICY AMOUNT OF INSURANCE 1 45978-011 2 10 1265 106 00000013 3 April 17, 1997 at 9:07 A.M. . $214,461.60 1. Name of Insured: PALM WALK ASSOCIATES, LTD., a Florida limited partnership 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in the Insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: NONE and the mortgages or trust deeds, if any, shown in Schedule B hereof. s. The land referred to in this Policy is described as follows: Lots 9 through 24 and 42 through 48, inclusive, Christian Villas Subdivision Plat No.2, according to the Plat thereof recorded in Plat Book 40, at Page 102, of the Public Records of Palm Beach County, Florida. This Policy valid only if Schedule B is attached. POLICY FORM SCHEDULE B Policy Number: 10 1265 106 o00ooo13 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: General Exceptiol'l'i: (I) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. (3) Easements or claims of easements not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or materials heretofore or hereafter furnished. imposed by law and not shown by the public records. (5) Taxes or special assessments which are not shown as existing liens by the public records. Special Exceptions: The mortgage, if any, referred to in Item 4 of Schedule A, if this schedule is attached to an Owner's Policy. (6) Taxes and assessments for the year 1996 and subsequent years. (7) Restrictions, dedications and easements set out on the Plat of Christian VilJas Plat No.2, recorded in Plat Book 40, Page 102, and easements of similar nature to the easements set forth on said plat which are described at Official Records Book 2963, Page 3. (8) Reservations in favor of The Lake Worth Drainage District recorded in Deed Book 984, at Page 477. (9) The nature, extent or existence of riparian rights is not insured. (10) Matters contained in Declaration of Unity of Title, recorded in Official Record Book 8426, Page 1578. (11) Grant of Perpetual Exclusive Easement In Parking between Mark Joel Fassy and Cedarwood Villas Association, Inc., recorded in Official Records Book 7900, Page 1580. NOTE: All of the recording information contained herein refers to the Public Records of Palm Beach County, Florida, unless otherwise indicated. NOTES TO POUCY: Schedule B, Items 1 and 4 are hereby deleted. Note: If this schedule is attached to a Loan Policy, junior and subordinate matters, if any. are not reflected herein. Note: This Policy consists of insert pages labeled Schedules A and B. This Policy is of no force and effect unless both pages are included along with any added pages incorporated by reference. ;ONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, nexl of kin, or corporate or fiduciary successors, (b) "insured claimant": an insured claiming loss or damage, (c) "knowledge" or "known": actual knowledge, not constructive knowl- edge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart construc- tive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A. nor any right. title, interest. estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth- ing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, With respect to Section 1 (a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of Ihe clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land. not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the li' 'e to the estate or interest, as insured, and which might cause loss or dam- age for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest. as insured, is rejected as unmarketable, If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required: provided. however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice, 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options con- tained in Section 6 of these Conditions and Stipulations. the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy, The Company shall have the right to select counsel of its choice (subject to the right ofthe insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy, (b) The Company shall have the right. at its own cost. to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest. as insured. or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of thiS policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any proviSion of thiS policy. If the Company shall exercise its rights under this paragraph. it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the proviSions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the righI, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use. at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense. shall give the Company all reasonable aid (i) in any action or proceeding. securing evidence, obtaining witnesses. prosecuting or defending the action or prcr ceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend. prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage, If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage. the Company's obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue any litigation. with regard to the matter or matters requiring such proof of loss or damage. In addition. the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reason- able times and places as may be designated by any authorized representative of the Company, all records, books, ledgers. checks. correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage, Further, if requested by any author- ized representative of the Company, the insured claimant shall grant its per- mission, in writing, for any authorized representative of the Company to exam- ine, inspect and copy all records, books. ledgers, checks. correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Com- pany, it is necessary in the administration of the claim, Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonabfy necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To payor tender payment of the amount of insurance under this policy together with any costs, attomeys' fees and expenses incurred by the insured claimant, which were authorized by the Company. up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate. including any liability or obligation to defend, prosecute, or con- tinue any litigation, and the policy shall be surrendered to the Company for cancellation, . (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to payor otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay: or (ii) to payor otherwise settle with the insured claimant the loss or damage provided for under this policy. together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the lime of payment and which the Company is obligated to pay. . Upon the exercise by the Company of either of It. lions provided for in . ~aragr3phs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend. prose- cute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described, (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy, (b) This paragraph remolled In Floridll policies. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations, 8. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured al the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy, 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals Iherefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In Ihe event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent jurisdic- tion, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company, 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro lanlo. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter exe- cuted by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS (a) No pay'ment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed. in which case proof of loss or destruction shall be furnished to the satisfaction of the Company, (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter, 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this Reorder Form No 8218 (Rev 10,17,921 policy, all right of subrogatiol, ./1 vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogaled to and be entrtJed to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company. the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation, The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured daimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and reme- dies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-Insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subroga- tion rights by reason of this policy, 14. ARBITRATION Unless prohibited by applicable IIIW, arbitration pursullnt to the Title Insurance Arbitration Rules ot the American Arbltnltion Association may be demllnded illlgreed to by both the Company end the Insured. Arbitra- ble matters may Include, but are not limited to, IIny contnwersy or claim between the Company and the Insured arising out of 01 reletlng to the policy, eny service of the Company In conIMCtlon with Ifs Issuence or the breach of II policy prolllslon or other obllgetlon. Arbitration pursuant to this polley and under the Rules in effect on the c>>te the demllnd tor IIrbltratlon Is mllde or, at the option ot the Insured, the Rules In effect at Dllte of Polley shllll be binding upon the parties. The award may Include attorneys' fees only if the IlIws of the state In which the IlInd is loceted permit a court to IIwllrd IIttOrneyS' fees to a pffWIIlling party. Judgment upon the ....rd rendered by the Arbltrator(s) may be entered In any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules, A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany, In interpreting any provision of this policy, this policy shall be construed as a whole, (b) Any claim of loss or damage. whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or anached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary. Of' validating officer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at the issuing office or to: Chicago Title Insurance Company. Claims Department 171 North Clark Street. Chicago, IIl1nlos 60601-3294 In Florida Call 1-800-883-2020 Property Appraiser's Parcel 10 #: 08 43 45 32 12 000 0090 Grantee's Tax ID #: A;:~-;' ;-;'.:":; ~~;~~.,.... c -r _:r -r~-, 1~ ..-. 4' . I I J I . '-' I Qm ". .... '--- -J \....JI-T w i~':: .-. -r .....-..... -' ................. \II\U ~ . L.t-~ t; "1. ...j"'fw JT.8ii Ii &ItEE flf it fiI .. . ...~ ""HI 114iIibl.5D .uoc .' ........ ...... I1JU1.:U SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED made this ~ day of April, 1997, between BOYNTON BEACH ACQUISITION CORP., a Florida corporation (the "Grantor"), whose post office address is c/o Hunter Real Estate Management Corp., 1979 Marcus Avenue, suite E- llS, Lake Success, New York 11042, and PALM WALK ASSOCIATBS, LTD., a Florida limited partnership (the "Grantee"), whose post office address is c/o Hunter Real Estate Management Corp., 1979 Marcus Avenue, Suite E-115, Lake Success, New York 11042. WIT N ESE T H: THAT the Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable considerations, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto Grantee, all that certain land situate, lying and being in Palm Beach county, Florida (the "Property"): Lots 9 through 24, incl usi ve, and Lots 42 through 48, inclusive, of CHRISTIAN VILLAS PLAT NO.2, according to the Plat thereof, as recorded in Plat Book 40, Page 102, of the Public Records of Palm Beach County, Florida. THIS conveyance is subject to the following: 1. Taxes and assessments for the year 1996, and subsequent years. 2. Conditions, restrictions, easements and limitations of record (but this shall not serve to reimpose same). TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. . ..... , ._- \,J 1\\.' ........ -'."." 1\1 'Wt:, ~.... \.J\J 1\\.1 , I' , "'-49 ot=g ~ -r~o ~ ........, , , .... .'~.' .",.-ow.. ...' .-..... .... .P......."'.."*'". -.' K. ftiLr,t.,\I; \..rL'::',,\\ i""i:~ \.!J\H';i.~ '- AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee simple; that Grantor has good right and lawful authority to sell and convey the Property; and that Grantor does hereby warrant the title to the Property and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none others. IN WITNESS WHEREOF, the Grantor has caused this Special Warranty Deed to be executed in its name and its corporate seal to be hereunto affixed by its proper officer thereunto duly authorized, the day and year first above written. signed, sealed a~d delivered in the pre:rz;eQce of: / 1 . / L /j~(;.( ,I ^-1 (4./c~ / . nt Name: L-//II ,) ~ /-f~::>i::.- -; '7 BOYNTON BEACH ACQUISITION CORP. , a Florida corporation c:.? ?L;/~ ~ B~/ Print Name:w'l;/LLIITt..J C. tJ4U3ACH Title: \ilO~ ?Kc"'Stl)e:'"Nf - ~E7~'1 . ,J'i':t --?-<-./ /)1/' [CORPORATE SEAL] .. -.. ,. - _.. . : .-. ~ STATE OF NEW YORK COUNTY OF JUL'S-A4 } }SS: } The foregoing instrument was acknowled~ed before me this , J5~ day of April, 1997, by UJillJltinC8aLbC{rh , as a/the IlP-~.rfhr of BOYNTON BEACH ACQUISITION CORP., a Florida corporation, on I behalf of t~e corporation. He/She is personally known to me or has produced YUS' clnli"tr,r I,cr'r"re as identification. ' Print~~~~~~" NOTARY PUBLIC State of New York at Lar~ My Commission Expires: J~ 13) l'1g AiS instrument was prepared Gregg H. Fierman, Esq. McDermott, Will & Emery J 201 South Biscayne Boulevard & Suite 2200 Miami, Florida 33131 by: STEPHEN SCHLAKMAN Notary Public. State of New York No.01SC8812825 Qualified in Nassau County CommiSSIon Expires Dec. 31, 199B \45978\Oll\6ODEEDJH.OO9 -2-