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LEGAL APPROVAL /' / " ., I II I! I - 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. I ,\ II I i I I I I I I I II I 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 / day of December, 1992. PASSED AND ADOPTED this CITY OF BOYNTON BEACH, FLORIDA II 'I I ATTEST: I d~A/h"~~~A I Ci Clerk i II II ii Authsig. WP5 II DC.\:Lehnertz / , Co / _'.. -L' /.--; ,+ ~ ,/, ,,'" " / . ,.j '" v' - /, ,,I " - ,>-- - , -. '- ""'.'., , .. Commission~ I. / " ./- 1/ A /' ,,----- !. q;L- 2/0 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS .-- DEPARTMENT OF COMMUNITY AFFAIRS, ) ) Petitioner, ) ) and ) ) GARY LEHNERTZ, ) CASE NO. 90-0309GM ) Intervenor, ) ) vs. ) ) CITY OF BOYNTON BEACH, . ) ) Respondent. ) ) 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 Page 1 of 4 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. Page 2 of 4 . / . / / // j::J q 'j _ ,) /-.~ f/ \ f~ ~', I . IN WITNESS WHEREOF, the parties hereto have caused this authorized. agreement to be executed by the undersigned officials as duly Attest: ~~~ ~ ~~L?'~ ci Clerk ( SEAL) DJD/jrm 7/7/92 8/7/91 10/13/92 P/BBDCA CITY OF BOYNTON BEACH Mayor . li_,.. (. /f~ 1L.'/00~......... (7/(i( ?-V Date .c:=-"' , "-.::) ~- .t-.~ '-,. --ta.','-~~ C' y Manager /~-'I-7~ Date INTE:;ENOR~~~ G6N1:RTZ Page 4 of 4