LEGAL APPROVAL
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- RESOLUTION NO. R92~/.?'
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR, CITY
MANAGER AND CITY CLERK TO EXECUTE A
STIPULATED SETTLEMENT AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND GARY
LEHNERTZ, CASE NO. 0309 GM, ATTACHED AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, on or about May IS, 1990, and pursuant to Section
163.3184(10) and Section 403.412(5), Florida Statutes, Gary
Lehnertz filed a Petition for Intervention in the administrative
proceeding; and
WHEREAS, an amicable agreement has been reached between
Intervenor (Lehnertz) and the City of Boynton Beach regarding
issues. involving the administrative proceeding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida hereby authorizes and directs the Mayor, City
Manager and City Clerk to execute the Stipulated Settlement
Agreement attached hereto as Exhibit "A" between the City of
Boynton Beach and Gary Lehnertz.
Section 2.
upon passage.
This Resolution shall take effect immediately
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day of December, 1992.
PASSED AND ADOPTED this
CITY OF BOYNTON BEACH, FLORIDA
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I ATTEST:
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I Ci Clerk
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II DC.\:Lehnertz
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
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DEPARTMENT OF COMMUNITY AFFAIRS, )
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Petitioner, )
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and )
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GARY LEHNERTZ, ) CASE NO. 90-0309GM
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Intervenor, )
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vs. )
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CITY OF BOYNTON BEACH, . )
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Respondent. )
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STIPULATED SETTLEMENT AGREEMENT
DATED NOVEMBER 1992
COMES NOW, the Respondent, CITY OF BOYNTON BEACH, FLORIDA, a
Florida municipal corporation (CITY) and GARY LEHNERTZ, an
individual, (LEHNERTZ) and hereby stipulate and agree as follows:
1. On or about May 15, 1990, and pursuant to Section
163.3184(10) and section 403.412(5) of the Florida Statutes, GARY
LEHNERTZ tiled a Petition for Intervention in the administrative
proceeding.
Subsequent to the filing of the Intervenor's
Petition, the parties to this agreement have engaged in
meaningful and purposeful discussions resulting in an amicable
resolution of the issues that existed.
2. On or about July 12, 1990 a formal stipulated
Settlement Agreement was entered into between the DEPARTMENT and
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the CITY with respect to the comprehensive plan as prepared and
filed by the CITY.
3. In accordance with the terms and provisions of the
stipulated Settlement Agreement full compliance with the
agreement was estimated to take approximately ten (10) months.
Accordingly, the DEPARTMENT moved for an order abating the
administrative proceedings so as to allow the CITY sufficient
time to fully comply with the terms of the agreement.
4. The CITY has fully complied with all applicable terms
of the Stipulated Settlement Agreement entered into between the
DEPARTMENT and the CITY.
5. In accordance with an agreement reached between the
Intervenor and the CITY, the CITY agrees that the berm to be
constructed by the developers of the residential development
known as Tradewinds will be vegetated with native plants in
accordance with the landscape plan submitted by the developer and
approved by the CITY. Furthermore, that the native vegetation
will be planted along the entire north side of the Tradewinds
residential development in accordance with the approved
landscaping plan.
6. This is the entire agreement between the parties hereto
and no verbal or written assurance or promises effective or
binding unless included in this document.
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IN WITNESS WHEREOF, the parties hereto have caused this
authorized.
agreement to be executed by the undersigned officials as duly
Attest:
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ci Clerk
( SEAL)
DJD/jrm
7/7/92
8/7/91
10/13/92
P/BBDCA
CITY OF BOYNTON BEACH
Mayor
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Date
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C' y Manager
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INTE:;ENOR~~~
G6N1:RTZ
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