CORRESPONDENCE
The City of Boynton Beach
OFFICE OF THE CITY A1TORNEY
100 E. Bo.vnton Beach Boulevard
P.O, Box 310
Boynton Beach, Florida 33425-0310
: (561) 742'6050
FAX' (561) 742-6054
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03 JUN -6 PH 2: 45
June 6, 2003
Nicholas E, Bouyoucas, Esq.
Ward, Damon &B Posner, PA
4420 Beacon Circle
West Palm Beach, LF 33407
Re: Medical Arts Professional Center, Ltd.
Dear Mr. Bouyoucas:
I am enclosing the original Amendment to Declaration of Covenants and Restrictions for
Alhambra Square, which has been executed by the City of Boynton Beach, Once the original
document has been recorded, please forward a copy to this office.
According to City Code, release of the bonds must be approved by the City Commission,
so this matter will be placed on the next available Commission agenda,
Once the recorded document has been returned, and all other conditions have been met,
the CO will be issued,
If you have any questions, please do not hesitate to contact me.
Very truly yours,
..' .., ',\ I') I I
,..kd~.i../ / ,).H t..l.{.j '1'-! d
Michael J, Pawelczyk
Assistant City Attorney
MJP:ral
Enc.
cc: James A. Cherof, City Attorney
~ichael Rumpf, Planning Director -uAO:0G-
Janet Prainito, City Clerk
Don Johnson, Building Official
'M _ O'rl
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S:\CA\CASES\Alhambra - Medical Arts ProfCtr\Transmittal Ltr - Amendment to Declaration.dot
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OFFICE OF THE CITY MANAGER
OATE:
SUBJECT:
Tambn Heyden
Planning Director
Carrie F'arker", {J
City ManagGf\;f
Dec:ember" 1995
I 1 I
00; '00
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Alhambra SoUIh Agreement
It came to my "",lIvollf181 thet'e was some question ....... .:In; tile interpretation of I.a'lits
u it ,......10 lhiIagt...nent. On plIOI 2. un_ Miele II Seotion A(2) the term units .
us<<l syno~~ wiIlltIe t8nn beds. Therefore, tIQ tgretrIIent ltlouJcj be inteJprellld
to mean . maximum of 248 bedI are allOWed. How thow bedllI'e to be chtlftluttd
arT1OI'1g a " 2. or3 bedn:lom c*ign II left up to tit. *"1101* (1..,248 one bedrollm, 1~
two bedlaoms or 82 tit... becl>OO/nl or IOITle OI:llT1t:inalion Of the above). Please place this
in the fll. for tutu,.lnquirQ, TheM you.
CP:jC
AIsachmtnt
cc: .Rm CherW. CIty AtIon1ey
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Ma~ 13 03 Ob:47a Clt~ Atto~ne~'s O~~ioe
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561-742-6054
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Conrad Damon, Esq.
Wanl, Damon" Posner, P A.
4420 8BllCCln Cllde, SUite 100
West Palm Beecb. FL 33407
WCII37
~DMENT TQ DEplA~npN 9F COVENANTS AND ~gTRIcnoNS
FQR ALHAMBRA SQUARE. WANER AND CONSENT
RedtIIIs:
A. MEDICAl ARTS PROFESSIONAl CENTER, L m" ("MAPC"), a Florida
limited partnership, is the owner of the following desaibed real property located
in Palm Beach County, Florida and S'~SSOf in Interest to the prior owner,
Hematology Oncology Associates Properties, Inc., which is now General Partner
of MAPC:
A. parcel of land in section 32. Township 45 South. Range
43 East. City of Boynton Beach. Palm Beach County. Florida. more
particularly deSCribed as follows:
The East 460 feet at the west 510 feet of the North 380 feet
of the South 420 feet at the Nor'.hwest one quarter of Section 32,
Township 45 South, Range 43 East, less and exeept land$
described in Official Records Book 5402, paige 670 of the Public
Records of Palm Beach County, Aorida. (the "MA.PC Property"),
B. The MAPC Property has been known in the past as "Alhambra Square
North" as deacribed in that certain DeclaratIon at Covenants for Alhambra
Square dated May 7, 1991, as recorded InOfl\c1a1 Record Book 6895, page 1431
of the Public Records of Palm Beach County, Florida ('DecIaration for Alhambra
Square'),
C. Among other things, the DeclaratiOn for Alhambra Square contains certain
restrictions and conditions in connection with the development at the MAPC
Property, In particular, Article 11\ Section 8(3) AlqUires that a boundary wall be
constJuclsd. and that the existing buffer hedge be removed and replaced with
sod and lanclscaplng. and that all of the foregoing shall be coordinated with the
goveming assoCiation of the adjacent real property. which is defined In the
Declaralion for Alhambra Square as Boynton Beach Leisureville Community
Association, Inc.
O. MAfIC is in the process of developing the MAPC Property, and in
connection therewith has r8C8ived a DeveJopment Order from the City of Boynton
Beach dated August 9. 2002. which Development Order, among other things,
requires, in identical language to the Declaration for Alhambra Square, the
"a~ 1~ U~ U~:4Ba Clt~ Attorne~'s OFFice
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ccnstruclion 01 a boundary wall and removal 01 the exiSling buffer hedge, both to
be coordinated with the goveming association 01 the adjacent residential
propllrty .
E. In connection with the development 01 the MAPC Property, MAPC has
approached and communicated with the Boynton Leisureville Community
Association, 100. to coordinate with such governing association the development
of the MAPC Property, and specifically the construcllon of the boundary wall and
removal 01 the existing buffer hedge. The Boynton Leisureville Community
Association, Inc. has requested that the provisions of the Declaration for
Alhambra Square. which were created for the benefit 01 the property owners in
the Boynton Leisureville Community and the Boynton Leisureville Community
Association. Inc., be modified and amended so as not to require the removal 01
the buffer hedge, but rather, thai such hedge remain in place as an additional
buffer, in addition to the construction of the boundary wall, and MAPC has
agreed to such accommodation.
, .
NOW THEREFORE, in consideration of the premises, and based upon the
agreement of the parties and other good and valuable consideration, the receipt
and sufficiency is hereby acknowledged, the parties hereto hereby agree as
follows:
1.
hereof
The foregoing recitals are true and correct and are made a part
2. Boynton Leisureville Community Association, Inc_, as the
designated representative for the adjacent property owners in the Boynton
Leisur8ville Community, as set forth in the Declaration of Covenants and
Restrlcllons for Alhambra Square, hereby waives the requirement for the
developer of the MAPC Property to remove the existing buffer hedge and replace
it with sod and landscaping to the specifications 01 the Boynton LeisutevilIe
Community Association, Inc., all as is more particularly set forth in Article III B (3)
of such Declaration for Alhambra Square, and Boynton Leisureville Community
Association, Inc. further expressly requests and agrees that MAPC, as successor
in interest to the Alhambra Square North property, should refrain from removing
the existing buffer hedge and replacing it with sod and landscaping,
3. At the request and direction of the Boynton Leisureville Community
Association, Inc., MAPC agrees that In conjunction with its construction 01 the 6
foot boundary WBlI between the MAPC propmy/Alhambra Square North property
and the adjacent residential property (Le, the Boynton Leisureville Community), it
will not remove the existing buffer hedge.
4. The City of Boynton Beach. as a named beneficiary in the
Declaration of Covenants and Restrtctlons hereby joins in and consents to the
above desaibed amendment to the Declaration of Covenants and Restrictions
for Alhambra Square North for the sole purpose of agreeing that the existing
2
Ma~ 13 03 09:49a Clt~ Attorne~'s OFFice
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561-742-6054
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buffer hedge referred to in such Declaration need not be removed, and further
, agreeing that its Development Order dated August 9, 2002 shall also be deemed
modified and amended to delete that pOrtion which requires the removal of the
existing buffer hedge,
5. RSPB, llC, a Florida limited liability company, as owner of and
successor to the interest of the Alhambra Square South/Alhambra Square ACLF
property described in the Declaration of Covenants and Restrictions for Alhambra
Square, hereby joins herein for the sole purpose of consenting to the foregoing
amendment to the Declaration of Covenants and Restrictions for Alhambra
Square,
Witnes58s:
MEDICAL ARTS PROFESSIONAL
CENTER. L TO., a Florida limited
partnership
By: Hematology Oncology Associates
Properties, Inc., a Florida corporation,
as ItS General Partner
By:
Name: Surendra K Sirpal
TItle: President
Boynton Leisureville Community
Association, Inc., a Florida not for prom
corporation
By:
SVlvla Huhman, President & Director
City of Boynton Beach
By:
RSPB, llC, a Florida limited liability
COlhpany and SUCCltli50r in interest to
Alhambra Square South and Alhambra
Square ACLF
By:
J
Ma~ 13 03 09:48a CIt~ Attorne~'s OFFice
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561-742-6054
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1aI007
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was ac;knowledged before me thiS _ day of
, 2003, by SURENDRA K SIRPAl, as President of Hematology
Oncology Associates Properties, Inc., Which is the General Partner of Medical
Arts Professional C8I"Iter, LTD. who
is personally known to me OR
producad
as id8l"ltificatlon
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PAlM BEACH
The foregoing instrument was acknowledged before me Illis _ day of
.2003, by SYLVIA HUHMAN. as President and Director of Boynlon
Leisureville Community AssocIation, Inc., who
is personally known to me OR
produced
as identification.
Notary Public
Print Name:
My Commission Expires:
STATI: OF FLORIDA
COUNlY OF PALM I3EACH
The foregoing instrument was acknowledged before me this _ day of
. 2003, by . as of
City of Boymon Beach, who
is personally known to me OR
produced
as identification,
Notary Public
Print Name:
My Commission Expires:
4
-----------.. - ~._--'
Ma~ 13 03 09:49a CIt~ Attcrne~'s OFFice
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561-742-6054
p.8
llJoos
STATE OF FLORIDA
COUNTY OF
The fOregoing instrument wes acIcnawIedged before me this _ day of
. 2003. by , as Of RSPB.
LLC as owner of and successor to the interest of Alhambra Square South and
Alhambra Square ACLF, who
is personally known to me OR
produced
as iclenliflcatlon.
Notary Public
Print Name:
My Commili5ion Expires:
5
~pf, Michael
From:
Sent:
To:
Cc:
Subject:
Pawelczyk. Michael [mpawelczyk@cityatty,comj
Monday, May 19, 2003 9:53 AM
Rumpf, Michael; Hallahan, Kevin
Cherof, James; Lamanna. Rosemarie; Bressner. Kurt
FW: Alhambra Square North - Medical Arts Pro, Center
Thanks for your quick review of the DeveloperJs proposed Amendment to the
Declaration of Covenants and Restrictions to remove the requirement to
remove the hedge.
We have also reviewed the proposed document. We suggest that Paragraph 4
on page 2 of the Amendment be revised to state that" [t]he City of Boynton
Beach, as a named beneficiary in the Declaration of Covenants and
Restrictions hereby joins in and consents to the above described amendment
to the Declaration of Covenants and Restrictions for Alhambra Square
North...11 We have convey this request to counsel for the Developer, who
will make the change and provide us with a revised original Amendment
document.
This shall further confirm that you will be placing this item on the June
3rd Agenda, for consideration be the City Commission You had indicated that
this is an item that can be placed on the consent agenda. We had discussed
that the agenda item would request the consent of the City Commission to the
Amendment to Declaration of Covenants and Restrictions for Alhambra Square,
clarifying the development order for Medical Arts Professional Center, Ltd.
and providing that the existing buffer hedge need not be removed and
replaced, consistent with the requests of Boynton Leisureville Community
Association, Inc. We will prepare the appropriate resolution once we
receive the Agenda Item from your department.
In speaking with Developer's counsel (Nick Bouyoucas), he indicated that the
City had requested a $30,000 bond in order to issue a certificate of
occupancy, Has it been determined by the appropriate member(s) of City
staff that a certificate of occupancy cannot be issued unless this condition
is satisfied? That this requested change is more than a technical
amendment? If you would like to discuss this particular issue further,
please contact me. Technically, the developer could satisfy the condition
by removing the old hedge and planting a new one in its place (or replanting
the old one), as the end result that Leisureville apparently wants is the
existing buffer hedge to remain.
Should you have any questions, please do not hesitate to contact me.
Michael J, Pawelczyk
Assistant City Attorney
GOREN, CHEROF, DOODY & EZROL, P,A,
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Tel, 954,771,4500
Fax 954,771. 4923
This e-mail and any files transmitted with it are confidential and intended
solely for the individual or entity to whom they are addressed. If you have
received this e-mail in error, please notify the sender by return e-mail.
Thank you.
> -----Original Message-----
> From: Pawelczyk. Mike [SMTP:PawelczykM@ci,boynton-beach,fl,us]
> Sent: Friday, May 16. 2003 2,27 PM
1
> To: 'mpawelczyk@cityatty.com'
> Subject: FW: Alhambra Square North - Medical Arts Pro, Center
>
>
>
~ > -----Original Message--~--
~ > From: Hallahan, Kevin
> > Sent: Friday, May 16, 2003 12:29 PM
> ~ To: Rumpf, Michaelj Pawelczyk, Mike
> > Subject: RE: Alhambra Square North - Medical Arts Pro, Center
> >
> > Mike, Mike,
> > I concur with Mike's comment! Thanks. Kevin.
> >
> > -----Original Message-----
> > From: Rumpf, Michael
> > Sent: Thursday, May 15, 2003 8:04 PM
> > To: Pawelczyk, Mike
> > Cc: Hallahan, Kevin
> > Subject: Alhambra Square North - Medical Arts Pro. Center
> >
> > Mike, I have no negative comments on the proposed amendment. Regarding
> the
> > status of the development order, I would promote the interpretation of
> > condition #25 to be satisfied by the affect of the certification
> statement
> > from the Leisureville Community Association, Inc. Contact me should you
> > have any questions on this response. Mike
2
~f. Michael
From:
Sent:
To:
Cc:
Subject:
Pawelczyk, Michael [mpawelczyk@cityatly,com]
Tuesday, May 13. 200310:18 AM
Rumpf, Michael; Hallahan, Kevin
Cherof, James; Lamanna, Rosemarie; Bressner, Kurt
Alhambra - Medical Arts Professional Center
Following up on our meeting last week with attorneys for the developer's
attorneys, Conrad Damon and Nick Bouyoucas, see below:
1, At issue is Item 25 of the Development Order (as taken from
the Stipulation and Settlement Aqreement) I which requires and states,
IIConstructlon of the six foot zoning boundary wall shall be coordinated with
the governing association of the adjacent residential property and the
existing buffer hedge shall be removed and replaced with sod and landscaping
to the specification of the governing association at no cost to the
governing association. I!
2. Mr. Damon is in the process of finalizing an Amendment to
the Declaration of Covenants and Restrictions. Boynton Leisureville
Community Association has already executed a Certification requesting that
the hedge remain. Mr. Damon is supposed to be sending this document to us
for review and has asked that the City "join inn on the Declaration
Amendment. I will be following up with Mr. Damon tomorrow if I have not
received the Proposed Amendment. Since the original Declaration and the
Amendment will not govern or restrict the rights of the City, the City can
agree to nconsent torr or "have no objectionll to the Amendment to
Declaration, rather than "joining in" as a party. Such action would require
City Commission approval. I would foresee this being a consent item
supported by a resolution consenting to the Amendment to Declaration
(Certification from Boynton Leisureville will be an attachment to the
resolution) .
3. To deal with the issue of the Court's retention of
jurisdiction over the Stipulation and Settlement Agreement, we suggest
filing with the Court the Resolution Consenting to the Amendment, the
Certification from Boynton Leisureville evidencing their request that the
hedge remain, and the Amendment to Declaration once finalized.
4, The developing party has requested that this matter be
considered by the City Commission at its first meeting in June.
5. There may be an issue that arises with respect to the
issuance of a Certificate of Occupancy, since this hedge removal requirement
is a condition of approval. If this does arise, the building official could
issue, if warranted, a temporary C.O. under the City'S current policy of
requiring a bond in the estimated amount necessary to comply with the
particular condition(s) .
The above is an overview of what is happening with the subject property.
Should anyone have any other suggestions or wish to discuss the same
further, please do not hesitate to contact me.
Michael J. Pawelczyk
Assistant City Attorney
GOREN, CHEROF, DOODY & EZROL, P,A,
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Tel, 954,771,4500
Fax 954,771. 4923
1
~pf, Michael
From:
Sent:
To:
Subject:
Hallahan, Kevin
Friday. May 16, 2003 12:29 PM
Rumpf, Michael; Pawelczyk, Mike
RE: Alhambra Square North - Medical Arts Pro, Center
Mike, Mike,
I concur with Mike's comment! Thanks, Kevin,
-----Original Message-----
From: Rumpf, Michael
Sent: Thursday. May 15. 2003 8:04 PM
To: Pawelczyk. Mike
Cc: Hallahan, Kevin
Subject: Alhambra Square North - Medical Arts Pro, Center
Mike. I have no negative comments on the proposed amendment. Regarding the status of the development order, I
would promote the interpretation of condition #25 to be satisfied by the affect of the certification statement from the
Leisureville Community Association. Inc, Contact me should you have any questions on this response, Mike
1
~f, Michael
From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Thursday, May 15, 2003 8:04 PM
Pawelczyk, Mike
Hallahan, Kevin
Alhambra Square North - Medical Arts Pro, Center
Mike, I have no negative comments on the proposed amendment. Regarding the status of the development order. I
would promote the interpretation of condition #25 to be satisfied by the affect of the certification statement from the
Leisureville Community Association, Inc, Contact me should you have any questions on this response, Mike
1
The City of Boynton Beach
OFFICE OF THE CITY AITORNEY
100 E. Boynton Beach Boulevard
P,O, Box 3/0
Boynton Beach, Florda 33425-03/0
PHONE: (56J) 742-6050
FAX: (561) 742-6054
May 14, 2003
VIA FACSIMILE & U.S. MAIL
(561) 842-3625
Conrad Damon, Esq.
Ward, Damon & Posnar, P,A.
4420 Beacon Circle
West Palm Beach, Florida 33407
Re: Alhambra Square North - Medical Arts Professional Center
Dear Mr. Damon:
We are in receipt of your letter dated May 12, 2003, and regarding the above
matter. Your letter and the proposed Amendment to Declaration of Covenants has
been forwarded to the appropriate City staff for review, This office will also be
reviewing the proposed Amendment document and will compile the City's comments
and return the same to you,
With respect to the issuance of a certificate of occupancy, certificates of occupancy
are issued once the development conditions have been satisfied, It is my
understanding that the City could, depending on the circumstances, issue a
temporary certificate of occupancy provided certain requirements are met, including
the posting of a bond.
cc:
Kurt Bressner, City Manager
Mike Rumpf, Director of Planning & Zoning
Kevin Hallahan, Forester
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S:/ca/mjp/letters/2003/Damon (Alhambra) 05-14.doc
America's Gateway to the Gulfstream
CITY OF BOYNTON BEACH, FLORIDA
MEMORANDUM
TO:
Michael Rumpf, Director of Planning & Zoning /'
Kevin Hallahan, Forester
FROM:
Kurt Bressner, City Manager
Rose Marie Lamanna, Paralegal
1J
Michael J, Pawelczyk, Assistant City Attorney Jt1;i
Alhambra Square North - Medical Arts Professional Center
CC:
RE:
DATE:
May 14, 2003
In connection with the above matter, we received the attached letter from Conrad Damon,
attorney for Medical Arts Professional Center, Ltd, Please review the same and advise how you
wish to proceed, I will review the legal form of the Amendment to Declaration and provide you
with my comments,
Should you have any questions or require further legal assistance with respect tot his matter,
please do not hesitate to contact me,
'_C"
MJP:mjp
Attachment
!:w I 5 2003
S:\ca\M ichaeIP\memos\2003\Rumpf (Alhambra) 05-14.doc
"a~ l~ U~ OB:~7a Clt~ Attorne~'s O~Fioe
05/11103 11: U FAX 581 au ~8
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lAW Off/CIS
WARD. DAMON
& POSNER
'I.OFlSSIOIlAl ASJOCIATlON
CDnnod DamDn ...... -- at-..:
WI;.-T MLM .uatt, PI.. ..4ICI7
E......II: gtamonililwarddarnon.com
'ttl.:IMlIB4a-SDDD. MX:(salJ~~3.36
May 12, 2003
Via Facsimile: 742-6054 and U.S. Mall
Michael J. Pawelczyk. Esquire
City of Boynton Beach
1CC E. Boynton Beach Blvd.
Boynton Beach, Fl 33435
Re: Medical Arts Professional Center, Ud,
Dear Mr. Pawelczyk:
As you know. we represent Medical Arts Professional Center, Ltd. ('MAPC"). the
owner of the Medical Arts Professional Cen1er 1llQ!ted on the northeast comer of Golf
Road and Congress Avenue In the City of Boynton Beach, Florida.
This letter Is In confirmation of our mwting on Wednesday, May 7, 2003 at Boynton
Beach City Hall with you. City Planner Mike Rompf. Landscape Planner Kevin HaIaI1an and
myasliOCiate Nicholas Bouyoucas. Pursuant tothal meeting ~detarmined that (twas not
n~ to amend the Stipulation and SetIIementAgreement, Case No: ct.-89-6178-AN
(the 'Court Stipulation") regarding the "spedf\catlona" of the governing association of the
neighboring community becaulle those speclfic8liu1ll hiIW already been met Specillcally,
the named governing association In the Court Stipulation for Alhambra Square North is
Boynton Leisureville Community Association. Inc. ("Lelsurevllle"). LelsureviUe executed the
enclosed CertIficate ("Certificate") which cIeatly states their desired specltlcatlons In that
they want the hedge. sod and lanciscaplng left as-is. '
In connection therewith, I understand that the Certificate of OccupancY is due to be
Issued this week and I want to be a88UAld on behalfofMAPC that the hedge removal, sod
and landscaping requirements of item number 25 of the Development Order will not
interfere with the issuance of the CertI1lcate of Occupancy. Since through their Certificate
we know that LeisurevUle Is completely satisfied with the existing hedge. sod and
landscaping and since the six-foot boundary wall is already in pl;v;e. It is reasonable and
appropriate that Item number 25 of the Development Order be deemed satisfied or
amended and not interfere with the issuance of the Certificate of Occupancy.
Ma~ 1~ 03 OS:47a CIt~ Attorne~'s OFFice
05/1Z/03 11:23 FAX 561 a.z-~ ,
561-742-6054
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III 003
May 12. 2003
Pege 2
Moreover. even though the Court Stipulation win not need to be amended, the
Declaration of Covenants and Restrictions (tile "Declaration1. which is recorded on the
public records. will need to be amended. The amendment wUl need to be recorded in order
to clarify tile existing covenants relating to the hedge. sod and landscaping. A<;cordingly.
enclosed please fltld our revised Amendmentto Declaration of Covenants and Restrictions
for Alhambra Square, Waiver and Consent (the "Amendment")foryour review and ultimate
approval by the City of Boynton Beach. Because the Declaration states that the covenants
and restrictions contained therein are for the benefit of the City of Boynton Beach. among
others, we have included in the Amendment a signature block for the Cily of Boynton
Beach to evidence their consent as a beneticiary under the Declaration,
Please review the enclosed Amendment and the supporting documentation and
please cause the Amendment to be approved and executed without delay. I understand
from our meeting that approval of the CIty Comrntsslon and placement of the issue on the
next Commission meeting agenda may be required (togetherWlth the amendment to item
number 25 of the Development Order). If that is the case, please cause the matter to be
immediately noticed on the earliest Commission agenda. As we discussed, this will be a
consent agenda item. You indicated that it was too late for the May 2003 meeting, but that
we should get on the June 2003 agenda.
Thank you for your attention to and cooperation in this matter and please contact
me should you have any questions.
CD/gaj
Enclosures
cc: Vitcar Consulting Co., Ine,
Medical Arts Professional Center
.;~- I ~. .'In,'---
na~ .~ U~ U~:1~a Clt~ Atto~ne~'s OFFice
05/12/03 l!l!!-f~ 581 84.~ 1~!_
....... ~.... .....oJ_
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561.-742-6054
........~...
................
CERTIFICATION BY BOYNTON lElSUREVlUE
COMMUNI1Y ASSOCIATION, INC.
KNOW ALL MEN BY THESE PRESENTS:
A, The undersigned, BOYNTON LEISUREVlI..LE COMMUNllY
ASSOCIATION, INC. (Ihe: "AsSociation"), Islhe governing i1sliociation of the real
property which is adJacent to Alhambra Square North, as is more particularly set
forin in tha1 canain Declaration of Covenants and Raslridions for Alhambra
Square dated May 7, 1991 and recorded in Officiel Record Book 6695, page
1431 at tn,e Public R~COrds of Palm Buch Counly, Florida (the "Declaration").
B. The Declaration contain~' therein certain construction and development
c:onditiol:ls and requirements concerning the following described real' proper1y
referred to in sucl'l Declaration as Alhambra Square North:
A perce I of land in Section 32. Township 45 South, Range 43 East,
City Qf Boynton Beach, Florida, Palm Beach County, more
paniallarly described as fallows:
The East 460 feel of the West 510 feet at Ihe Nor1h 380 feel of the
South 420 feet of the Nortl'lwest14 of SectIon 32, Township 46
South, Range 43 East, eliI' of Boynton Eleach, County at Palm
Beach. Florida. less and except lands described in Official Records
Book 5402, paga 670.
(the 'Propeny")
C, Hematology Oncology Aosoclates Properties, Inc, ('HOAP') is the owner
of and about to de\telop the Property, and.has baen coordinating ils construction
and development With the Association. and the Association has reviewed the site
plan and other documents submiUed \Q the Cily at Boynton Bea~h for a building
permit 10 bu~d a 42,82,4 square fool. single story office building on the Property.
NOW THEREFORE, to Ullist H"llIlitclollY Oncology Associlltes
Properties, 'n..,. their successors and/or usigns in obtaining a building permit for
the Property, 1he Association hereby CQI'\lfies that al. thll present time, and based
upon the construction plans which it has reviewed for the Property. and its
communications with the builder Tor HOAP, the Association is satisfied that:
1,
height.
The buildins an the Property will not exceed two (2) stories in
IcagQ'";JTO,..
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n.~ .~ U~ U~:~~a CIt~ Attarne~'s OFFice
05/11/03 11: 25 FAX 581.~ \18
561-742-6054
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2, Satisfactory arrangements have been made to locale all dumpsters
away frtl:m the adjacent residential araas.
3. A six (6) toot zoning bCl\.Indsry WIlli will be constrUcted en the
Property, and the construction has been coordinated with Ins Association.
However, rather thlln remove lI"Ie SlCl&tlng buffer hedge in ac:cordance with th..
terms 01 the Declaration. the Association has requested that HOAP leave the
existing buffer hedge in pl.ace, and hereby waives the requirement 10 remove
SUch hedge and relllac:a it with sad and landscaping, as is otherwise sat forth in
the Declarallon. HOAP has agreed to l!Iccommodate tM Association in this
requeS'I, provided it can obtain the COnaem and approval of the City of Boynlon
Beach in connection therewith,
4. The design and plans for installallOT1 of the lighting in the par1ting
arees is sucn that it will nol 5hln~ directly into the adjacsnt residential are~
The purpose of this CertlficatiOT1 Is to evidence that HOAP, as developer of
the Property, has coopsratecl with end hJIs coordinated its ccnstru~on liIfforts
Wllh the Association, sudl that it appears that all oj 11\8 conditions and
requirements at !hll .Qeclaration regarding ccnstnIction on the Property have
been or are being satisfled. NCU1ing h_tn shaU be c1eemed to waive s\Jch
requirem9/'lts in ccnnOction with \he actual constl1.lc:lion to be performed on the
Property, in \he f\.I~lJre, with tile ~ptign thai the AS$ocia\ion dOllS 1)01 wish for
lhe existing buffer hedge 10 be removed.
~
. A'
,. A,L~I
Boynton Leisureville Community
As.sodallon, Inc:.. a Florida net for profit
aHpQralion
Witnesses:
B
~
HUhmsn, PreSident & Director
STATE OF FLORIDA
COUNTY OF PALM BEACH
,.J ~~:oforegOing 'instrument was acknawledged befen! me Ihls ~ay at
~ , . 02, by SYLVIA HUHMAN. 11$ Pnusident and Cirec:tgr of Boynton
La,suravl Community AssocilltiOn.1nc., who
is personally known to mill OR.
2
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produced
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as identmc:ation.
rlnt Name:
Notary Public
My Commission Expires:
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WARD. DAMON
& POSNER
PROFESSIONAL ASSOCIATION
4420 BEACDN CIRCLE
WEST PAL.M BEACH, FL 33407
Conrad Damon
E-mail: cdamon@warddamon.c1ntr: (561) 842.:3000 . FAX: (561) 842-3626
September 23, 2002
,p
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Via Facsimile: 742-6054 and U.S. Mail
James Cherof, Esquire
City of Boynton Beach
100 E, Boynton Beach Blvd,
Boynton Beach, FL 33435
I
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Re:' Medical Arts Professional Center, Ltd.
Dear Mr, Cherof:
I am counsel to Medical Arts Professional Center, Ltd" which is developing a piece of
property in Boynton Beach previously known as "Alhambra Square North". Mike Rumpf suggested
that I contact you in connection with a development/title issue we have,
I have enclosed a copy of a Declaration of Covenants and Restrictions for Alhambra Square
which was dated May 7, 1991 and recorded in Official Record Book 6895, page 1431 of the Public
Records of Palm Beach County, Florida, The Alhambra Square North parcel which is described in
such Declaration is the property which Medical Arts Professional Center, Ltd. is developing, The
Declaration implies in Section 1 thereof that its genesis was out of a Stipulation and Settlement
Agreement with the City of Boynton Beach, I have not seen, and I am not familiar with that
Stipulation and Settlement Agreement. I would appreciate if you could provide me with a copy
thereof,
Article III Section B of the Declaration contains certain limitations and conditions in
connection with the development of Alhambra Square North, These conditions and limitations were
adopted verbatim into the City's Development Order dated August 9, 2002, approving construction
of a 42,824 square foot medical office building, Article III B (3), among other things, requires the
f;.onstruction of a boundary wall ancithJl rem()val of anl'l!Cisting bUffe[Jl_es!g~, ~oth as coordinated
't!:ith !hegoverning association of the adjoining residential neighborhood which is defined in the
Declaration-as being Boynton Beach Leisureville Community Association, Inc, I have attached a
copy of a signed certification by the Boynton Leisureville Community Association, Inc, confirming
that Medical Arts Professional Center, Ltd, (through its general partner, Hematology Oncology
Associates Properties, Inc,) has complied with all of the construction requirements, However, as is
set forth in such certification. the Boynton Leisureville Community Association, Inc, has requested
that the developer NOT rem-ove the existing buffer hedge as is otherwise required by the
Dediiratlon.
September 23, 2002
Page 2
Since this is a recorded requirement affecting title to the property, I believe that it is prudent
and necessary to amend the Declaration to remove the requirement for removing the hedge, And,
since I think that the City of Boynton Beach is an interested party in this issue, I think the City needs
to join in the amendment. I have enclosed a draft of an amendment to the Declaration, the form of
which has been agreed to by Boynton Leisureville Community Association, Inc, Would you please
review the Amendment and contact me with any questions or comments, I would like for the City of
Boynton Beach to sign the Amendment so that it can be recorded,
Additionally, I am concemed that since the original Declaration was executed by two
declarants, one for Alhambra Square North and one for Alhambra Square South, that I may need
the successor in interest to the declarants for Alhambra Square South to also join into the
Amendment. I'm not certain who this is, but I understand from Mike Rumpf that that property owner
has recently been working with the City of Boynton Beach about its own amendment to the
development requirements contained in the Deciaration, Would you please direct me to the
Alhambra Square South party or the attorneys for that party, so that I can discuss having them join
in the Amendment.
Thank you for your attention to and cooperation in this matter,
CD/gaj
Enclosure
cc: Vitcar Consulting Co" Inc,
Medical Arts Professional Center
S:\Users\CD\Sirpal\CityBBltr .doc
Conrad Damon, Esq,
Ward, Damon & Posner, P,A,
4420 Beacon Circle, Suite 100
West Palm Beach, FL 33407
WC#37
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ALHAMBRA SQUARE. WAIVER AND CONSENT
Recitals:
A. HEMATOLOGY ONCOLOGY ASSOCIATES PROPERTIES, INC"
("HOAP"), a Florida corporation, is the owner of the following described real
property located in Palm Beach County, Florida:
A parcel of land in Section 32, Township 45 South, Range
43 East, City of Boynton Beach, Palm Beach County, Florida, more
particularly described as follows:
The East 460 feet of the West 510 feet of the North 380 feet
of the South 420 feet of the Northwest one quarter of Section 32,
Township 45 South, Range 43 East, less and except lands
described in Official Records Book 5402, page 670 of the Public
Records of Palm Beach County, Florida. (the "HOAP Property").
B. The HOAP Property has been known in the past as "Alhambra Square
North" as described in that certain Declaration of Covenants for Alhambra
Square dated May 7, 1991, as recorded in Official Record Book 6895, page 1431
of the Public Records of Palm Beach County, Florida ("Declaration for Alhambra
Square"),
C, Among other things, the Declaration for Alhambra Square contains certain
restrictions and conditions in connection with the development of the HOAP
Property. In particular, Article III Section B(3) requires that a boundary wall be
constructed, and that the existing buffer hedge be removed and replaced with
sod and landscaping, and that all of the foregoing shall be coordinated with the
governing association of the adjacent real property, which is defined in the
Declaration for Alhambra Square as Boynton Beach Leisureville Community
Association, Inc,
D, HOAP is in the process of developing the HOAP Property, and in
connection therewith has received a Development Order from the City of Boynton
Beach dated August 9, 2002, which Development Order, among other things,
requires. in identical language to the Declaration for Alhambra Square, the
construction of a boundary wall and removal of the existing buffer hedge, both to
be coordinated with the governing association of the adjacent residential
property.
E. In connection with the development of the HOAP Property, HOAP has
approached and communicated with the Boynton Leisureville Community
Association, Inc, to coordinate with such governing association the development
of the HOAP Property, and specifically the construction of the boundary wall and
removal of the existing buffer hedge, The Boynton Leisureville Community
Association, Inc, has requested that the provisions of the Declaration for
Alhambra Square, which were created for the benefit of the property owners in
the Boynton Leisureville Community and the Boynton Leisureville Community
Association, Inc" be modified and amended so as not to require the removal of
the buffer hedge, but rather, that such hedge remain in place as an additional
buffer, in addition to the construction of the boundary wall, and HOAP has agreed
to such accommodation.
NOW THEREFORE, in consideration of the premises, and based upon the
agreement of the parties and other good and valuable consideration, the receipt
and sufficiency is hereby acknowledged, the parties hereto hereby agree as
follows:
1,
hereof,
The foregoing recitals are true and correct and are made a part
2, Boynton Leisureville Community Association, Inc., as the
designated representative for the adjacent property owners in the Boynton
Leisureville Community, as set forth in the Declaration of Covenants and
Restrictions for Alhambra Square, hereby waives the requirement for the
developer of the HOAP Property to remove the existing buffer hedge and replace
it with sod and landscaping to the specifications of the Boynton Leisureville
Community Association, Inc" all as is more particularly set forth in Article III B (3)
of such Declaration for Alhambra Square, and Boynton Leisureville Community
Association, Inc, further expressly requests and agrees that HOAP, as successor
in interest to the Alhambra Square North property, should refrain from removing
the existing buffer hedge and replacing it with sod and landscaping,
3, At the request and direction of the Boynton Leisureville Community
Association, Inc., HOAP agrees that in conjunction with its construction of the 6
foot boundary wall between the HOAP property/Alhambra Square North property
and the adjacent residential property (Le, the Boynton Leisureville Community), it
will not remove the existing buffer hedge,
4, The City of Boynton Beach hereby joins in and consents to the
above described amendment to the Declaration of Covenants and Restrictions
for Alhambra Square North for the sole purpose of agreeing that the existing
buffer hedge referred to in such Declaration need not be removed, and further
2
agreeing that its Development Order dated August 9, 2002 shall also be deemed
modified and amended to delete that portion which requires the removal of the
existing buffer hedge,
5. , as owner of and successor to the interest of the
Alhambra Square South/Alhambra Square ACLF property described in the
Declaration of Covenants and Restrictions for Alhambra Square, hereby joins
herein for the sole purpose of consenting to the foregoing amendment to the
Declaration of Covenants and Restrictions for Alhambra Square.
Witnesses:
Hematology Oncology Associates
Properties, Inc., a Florida corporation
Surendra K, Sirpal, President
Boynton Leisureville Community
Association, Inc., a Florida not for profit
corporation
By:
Sylvia Huhman, President & Director
City of Boynton Beach
By:
Alhambra Square South and
Alhambra Square ACLF
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
August. 2002, by SURENDRA K. SIRPAL, as President of Hematology Oncology
Associates Properties, Inc" who
3
is personally known to me OR
produced
as identification,
Print Name:
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
August, 2002, by SYLVIA HUHMAN, as President and Director of Boynton
Leisureville Community Association, Inc" who
is personally known to me OR
produced
as identification.
Print Name:
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
August, 2002, by , as of City of
Boynton Beach, who
is personally known to me OR
produced
as identification,
Print Name:
Notary Public
My Commission Expires:
4
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
August, 2002, by , as owner of and successor to the
interest of Alhambra Square South and Alhambra Square ACLF, who
is personally known to me OR
produced
as identification,
Print Name:
Notary Public
My Commission Expires:
S:\UsersICDISirpal\Waiver&Consen12,doc
5
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OIl! 6895 Pt 1431
DZc:IARAr.tOll or alVllDRTll AIIIl =arOll8
?'OR -'TJn.Vlm1 SCIOAU
"
dAY o:!' -1fJ.p.cf
I
themselVes, their Buccessora and ~s.iqn., hereby.
"Lands")
on
thi8
1t:
d.eclare that the
Land.s described herein are anc1 ahall b. held, tranaterred, .old,
conveyed and occupied aul:lj ect to the covenants, restrictions and
limitAtions hereinA:!ter set torth.
ARnCLll J:
RJl:CTTALS
Section 1.
The undersi<;ned OVnen hAve entend into A
Stipuletion And Settlement Agreement ~ the city ot Boynton
Beach, Florida tor an amenc:tment to the future land use elelllant ot
the City's Comprehensive Plan and/or rezoning of th. Lands as
follows:
Alhamhri!l Sauare North:
A.lh20mbrl"t Sau1!lre South:
and
1l.1hambra Sauare 1\CLF:
F1l'l'll1lB IAllIl
USE ELEMXNT
Office Commercial
ZQIIIm
C-l (ottice
prcte..ional)
MUlti-Family
Residential
R-J (mu! ti-
family) ACU'
with no less
than 248
aparbents
section 2.
As .. condition ct said stipulotion end
SQttlement Agreement, the undersigned aqree to 1Jtpoae certain
developmental limitations upon the use of the Lands.
Section 3.
It is the express intent of the undersigned
to perpetually restrict (except to the extent per:itted pursuant
to the provisions at Article VIII hereinafter set forth) the use
ot the Lenda for the benet1 t ct the City at Boynton Beach and tor
persons of record owninq adjacent real property to the LAnds (the
"Property Owners"), and for no other persons, in accordance W'ith
the restrictions And li1ll.i tations set forth herein.. The
"g:)verning associations," of adjacent real property are as
follows: Boynton BeZ1ch Leisureville Community Asscciation, rnc~,
AS to tho Alhambrll Square North pArcel, 1lIlc1 Goltviev Harbour
1
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I.tat.. Bomewner. Aa.oc:iation, Inc. and Goltviev Harbour
!stat.., Inc.., a. to the Alh~ra Square South and Al.hambra
squ.re ACL7 porcus.
1m:l:CLll n
:r.EC1. T. 'n~CR:J'llTTrnl
The lands which are a;1d shall be beld, transferred, sold,
conv.yed and occup.iad subject to this Declaration are aituate in
PallO Beach County, Florida, within the city limits of the city of
Boynton Beach a~ are described in Exhibit "A- attached hereto
and ad, a part h$reot'.
1m:l:CLll III
n'RVRT .ClPKF.'RT"T. T,TMTTJ.TTONS
A. The structure or atructur'8 to be built on 'the
Land. shall conform, wi th t:he follovinq requirements:
1. AlhZllllbrll Square North:
Height:
2 stories
2.. Al.b.ambra SQUare South and
AlllaJDbrll Square - ACLY
Height:
ACI.F apllrtnents:
Multi IIp.rblents:
2 stories
248
as per city zoning
B. The tcllo'Wlnq developmental limitations shall
apply to Albubr.. square North:
(l.) No :building shall exceed tW'o stories in
height I
(2) Al.l dumpsters shall be located away trom
Adjacent residtntial. araas,
(3) There .hall be constructed a six foot zoning
boundary wall between Alb~ra Square North and Ildjllcent
.inqle-fuUly a.reas.
Construction/landscaping ot said boundary
Wllll/hedge shall be coord:1.nllted wi tll the governing ..ssocilltion of
tha .dj ac:ent residential property, l111d the existing bu:tfer h~dq.
Ilhall be removed and rap~aced wi tll sod and landscaping t~
speciticationa ot the governina association, all to be dona at nc
coat to the qoverninq e.saociation.
Said approval shall be
qovernBo by the pr.ovisions of Paraqraph C. (7) hereinafter set
forthl
2
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I
(") All llihUng in parkin<1 area. ohall be
<leeign.<I and installed 00 .. not to shine <lirectly in to s<ljacsnt
residential area..
All lighting in parking areao shall be
extinguisbed at u.oo P.X" and
C. The following devslop:antal limitations shall
apply tc AlhlUDbra squars SOlltll an<l AlhObra Sq11llre ACLP'
(1) 110 building shall ""ceed two stories in
height I
(2) 'I'he root pitch ehall not be steeper than
4/11;
(3) All dlD:!>sters shall be loc:..ted away from
a<ljacent rad<lential areas, an<l the dUlllpstars sha11 be locatad at
least one hundred teet tI'C': the :south property line ot the
Alhambra square South imd Alhambra Squara ACLF parcels;
(4) All lighting in area parking shall be
<laaigne<l IU\c1 installed so as not to shine <lirectly into adjacent
rosi<lential ..re..s. Parking lot lighting shall bs extinquishsd at
11:00 P.ll. Parking lot lighting poles eball be at the minimUl:l
height pend tted by the City of Boynton Beach,
(5) Dse at the .ul>ject prtlpsrty shall bs limited
to an Adult Congregate Living Tacili ty (ACLF) I
(6) A combination of landscaping zmd wall (tha
PWall") shall be c:oJ13tructecl on the south property ot the'
Alba:cbra Square South and Alh.a:I::Wra square ACLF parce1a.. The plan
and design ot tl1e Wall shall he coordinated with and approved by
the governing associaUons ot the adjacant residentia1 property,
and .ai<l approval shall be in .ccord.ance with paragraph (7)
below. The Wall aha1-l be constructed at no cost to the governing
Associationsr
(7) Approvd:by the governing associations shall
not be unrea.sonably withheld..
(S) At BUch time as buihUng plans are presented
to the city of Boynton >>eac tor pennit, copies o:! the Wall plan
zmd. site plan shall be submitted to the gov~inq associations:
3
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6895 PI ~434
(9) With the exoeption ot landeoapi~, vbich the
Own.~ aqr.. to install and maintain, no parking spac.. or
imprcveJlle.nt. ahall be, constructlild or lnataJ.led. in the LaM Worth
Drainaq8 oistrict riqbt-ot'-vay IIOUth at the Albambn Square south
and A1h~ra Square ACU parcels, and
(10) Decllleration antry lane. shall b. provide.! at
each entrance, it deemed necGaaaxy by the City o:.l: Boynton Beach.
AXrl:CLX rv
USl'.S PRRMT'M'RnI'PROHTBTTR'Dr T.TMTTATIO'NS em nSl!:
The Future Land Use Element and Zoning of the AlhZUllbra
Parcels shall l><l;
PlI:rcel
Future Land
Use Element
Znnino
Alhubra Square North
Ottice Commercial
C-l (Otfice
Protessional)
Alhubra'Square South Multi-Family
and Alhambra Square ACLF Residential.
R-3 (lIUltl-FalllilYl
ACLF vith no le..
than 248 apartments
ARrrCLX V
RESTRICTION'S DEE:MF.:n COVF.NANTS
These covenants and restrictions shal.l be deued covenants
runninq with the Lands tor the cener! t ot all ewners or real
property adjacent to the land, and. :tor the benet'it or owners or
real property in the subject p",rcels and the City at' 8oynton
Beach. These Covenants and Restrictions shA~l :be binding upon
the undersigned Owners and their successors and assigns.
WITNESSES :
OWNERS :
~:J>$~ ~~~
j..;.
ALHAMBRA SQUARE NORTli ";" ' I ,I ;:" '",
.l.; ~...;.:r&"" .~'. .'.
M'ILNOR CORPORATION; 'A....i}.. ,.;t! J;:'.. . "~
Florida corporatiop~; :2~]; ~~):~ ~ t; ~
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ALHAMBRA SQUARE SOOTH and
ALHAMBRA SQUARE ACLF
~-~~
L "No ~ . Michael
4
UllW O"''''CI:. IItOIU:~... .'SIl:N . .700 HOIII'T...WII:ST aoc:..o. .....TON .OU~lI::V"'''O. .u~., 10; SOCA _TO... r'1..g'UDA ~3-4~1
.OC4 ""TO.. (.0007) .....'0.0 . ......T ......... AIt:...c:... ("07) "73.'03.. . ..-O"'.....D(:zO.) 7C10'.0..
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1:37pm
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S'l'ATll OF FLORIDA )
)..1
COlJl!'l'Y or PALl! BEACH )
='r.'::r_:_~"-'. ~..._..,_:~_~~
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I
0IIll
6895 PI 1435
Il:B4..t ~~'~
I EE:RDY \,.A!'U;.Io.u thl\t on thi. day f l....t:ore sa, an ot:ticer
cluly author1:a4 in the stat. and County at01"l.aid, to tak.
ac:Jcnovlodq_ta. personally appear.d NORIWI J. IIICBAEL.
Pr..ident of Milnor COrporation, a Florida co:poration, and
IIORlWI J. IIICllAEL. individ.UAlly, ""U knavn to II. to be tho
penon de.cribed in ane! who axec:u1:4d the fongomg 1J>strument.
and he Acknowledged betore .e thAt h. exacute4 th. .~. in tJ1e
pre.once of tvo allbacribinq vitoes... treely and volun1:AJ:Uy.
Il7TllZSB ay harId./'!1d o:rtlclal ~.al in tho County' and ~t"'te..,
last a.tora.aid, this ..J.E::.. day of C!D..lA , D9il1it.' ::....~ ':~
t ~!\\....1.r$ .,,<(..;,
~rlL..Al L"~ttt
ri:1O:aLIC . :. ~",' <l ~ ~ ...J : ~ ';.;.;
~ .. -A$!l'. .. \00_\
My commission 8Xpire.: IIItMl f\leLlt m'tt 7 19M . ~ .>\-:, Q 'r ~ J iF.:. ~
'" tQtI4tSSIOI u,. (,(1'. . : ~.\. . ~ . '~1o.t,) :.
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:ii. (( ;G"u~v~~';r'.
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S'l'ATll OF FLORIDA )
)as:
COllJl'1'Y or PALl! BEACH )
I JmRBBY c:E:R7n'Y that on 1:111. day, betore me, an otricer
duly authori:ed in the Stat. and. County atoruaid, to take
acknovle4quant., personally appeared Et.ISHD. 't. MICHAEL vall
known to me to be tl1e person described in and who executed the
toreqoinq instrument, and she acknowledqed: betore :me that she.
exacu.ted the aUe in the pr8sence ot two subscribing vitnesses
!reely and voluntarily_
. lilTlIESS my hand. '!'ld o:tticial .....1 in the County IUld stat.
last. a:!oresald, this :l::!::=. day ot (\'\".i...- , 1.9-91.
I
~~"~~ L. ,!i;,~
My cOJm:1iaaion expires: .: .,/f~.... u\ ;~:~.
!f&l!,1t;l!!!"IU'- ,"A~ : -; 1\'"
IWUIWtiJI.%JI. r.CT.7.1.. ~;.~~~'o fl. :;- fL.: i
~ ~ IS, , , \:~~,j'>7.:~t:,:~rY
D: COllDOOO. jh
5
.........o,.ner. ,.Olltln'.... ~ISItN . .700 IWO""'l-O....C.T .cc.,o. ,....,.011 lOul,.J;V.utc.. aUlTE 103.10.:... ,....ToN. ,...0"10... ~31
I'oc:... ""'TON (4C'" .......0.0. ....~$T .....1.... ltil:AC:.. ~:r1T~.'O'.. . atltO"'l''''1OClpoa) ".0-.0..
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IJI1AGEOr ': FL-98-24474-1
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EXBIBI~ "A"
AIJDJttfBRA BOO'A'RR NORTH
A pAreRl ot land in Section 32, TO~8hip 45, south, Range 43
East, city of Boynton s..u..cb, llcrida, f>el= Beach County, more
particularly described a. tollova:
The East 460 feet ot. the Wast SlO teet of the north 380 teet ot
the south -42" :teet ot the Northwest: 1/4 ot Section 32, Township
45 South, Range. 43 East, City ot Boynton Beach, County 0% PAlm
Beach, Florida, less and except lands described in Official
Records Book 5402, Paqe 670.
J.Im.KB'RA SQUARE: SOtJ'l'R/AT~ SOU~'R ACLJ'
Tract -4, Golt view Harbour 3td. Section, City of Boynton Beach,
Florida, aCCOrding to plAt thueot recorded in Plat Book 30,
pages J.l9 and 120, Public Records ot Pall:1 Beach County, Ploride.
Less and not including:
Commence at the Southeast corner ot TrAct.., as shown on the plat
entitled Golt View Harbour 3rd Section, City ot Boynton lleacll,
Florida, accordinq to the plat thereat recorded. in Plat >>oak 30
on Bag. 119, Public P.ecords of Palm Beach County, P'J.orida 7 thence
N.2 21.'36nli., D.long the east line of Baid. Tract 4, a. distance ot
104.29 ~eet to the Point Beginning ot the right ot .....y to b.
herein described; thence continue Northerly, along the sue
course, a distance ot 92.69 teet to a point or tangency ot a
curve concave to the Northvest having a central anqJ.a ot 88
15' 4'- and a radius ot 1.5 teet; thence Southerly and Westerly
along the arc or said curve, a d.istance of 23.11 teet to a point
ot reverse curvature, the.nce Westerly, Sautl'l.erly and Easterly,
alonq the 81,C ot '" curve concave to the East having A central
angle ot 197 43'52n and a radius of 40 teet, a distance of 138.04
fe.et to tte Point ot Beginning aforedescribed.
And less a~ not including:
A parcel ot land lying in Tract 4 ot the Plat ot Gol! View
Harbour 3rd Section, City at Dalray Beach, Palm Beach County,
:Florida, aa said ;llat is recorcled in Plat Book 30 at paqs8 1.19
And 120 of the Public Records Dr palll Beach County, Florida, said
parcel being more partiCUlarly described as tollovs:
Begin at the Southeast corner ot said Tre.at 4; thence H.20
21'36I1W., on A plllt bearing, along the El::st line ot said Tract 4,
a distance of 1.04.29 teet to an intersection vith a curve concave
to the North, said curve being a cul-de-sac All recorded in
otticial Record Book 2584, at pages 47g and 480 ot the Public
Records ot Palm Beach Coul6ty I Florida, 8 radial line trOll said
intersection bearing N.21 .g/,U.W., thence 'He.starly along: the
right ot way ot eaid cul-de-sac and along sgid curve, having a
radius of "'0.00 teet, a central angle of 29 03'1.2", and an ~rc
length ot: 20.28 teet to an intersection with a line being 20.00
teet West ot, as measured at rlqht Angles, and parallQJ. with the
said East line of '1'ract ": thence S. :2021'36"E., along- said
parallel line, a di~tanc8 ot 102.56 teet tooan intersection with
the South line ot "aid Tract ,: thence: N.S7 JS'24nE., alonq said
south 1.1ne, eo distance ot 20.00 teet to the sa.id Southe&st corner
ot Tract 4 and the Point ot Be<J1nning.
D:ccntloOO.jh
6
ItfCORD VERlnm
PAlM 8tA.Ot COUNTY. fLA
JOHN S. OUNKt.E
QDlK CIRCUIT CCURT
~
l.A.... o'-"'et. ..o.u.,..... 11:1.1:.. . .700 ..0"1"oo...1:5'.~ """0" .0u\.I:.........0. SUI1"1: '03. .OCA JII"'TO.., I'\.!:;)J11IQA.,.;)c,.
.oc...o. .....'0..1.07) g_,'oeo " "'I:ST ,....\... ,LAC.. {.O'l'l ?:l..0:'.. . .1110.......1110 "011) 700"DO..
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Jul-E-l998 ~:~pc 98-2:5....249
ORB 10500 Pg 538
111111 DI DillIn IDlI 111& mllll nllllmllDl
***TBIS IS BEING RE-RECORDED ror the purporse
of ~luding tbe 3o~der o~ ~ C~~ of
Boynton Beach char 'VaS previously omitted.
,,- . - -- -.,
R ,'.JJoci-I9-1998 12: 16pa 98-404470
\~ ~ ORB 10697 Pg 1.472
nnlllll1umII ~illlJlUlDlllln 111011111 RllOll
l';STRl:r.IE:-IT OF CORRECTION
Thb wlcum<Df of carrc:ction ma~ as oftbe -3a day of JUn:::. l~ by
ALHAMBRA SQUARE NORTH. ALlL'\MIlRA SQUARE SOUTH. and ALHAMBRA SQUARE
.~CLF ( con~tivr:)y J.:rL~ to as -OwDC.n-,_
WITNESSETH
, WHEREAS, Own~rs cau5ed a Dcdaralio:l of Cov=n!S :md Resnictions fur ....lhanlbr.l
Squ:,re d.ll~"tl May 7. 1991. 10 h.: r.:tunkll in Ufficial RC1:11rds Bo.,k M95. Jl3~c 1431. P:!IOlllcach
County. Rorida (th.: -o..-.:lar:>lion-): and
WIIERFAS, O\Vn.:rs, in crror and mislak.:. mad.: ......"Or:>1 rererences in !he 1Xclar:nicn
inlli""lin!,! WI Alh:lmbrn Sqlla~ South :and Alhambra Squar" ACLF wc>uJd ~ de\'clopod -with DO
It:!>s lban 24l! apanmcn15-: and
WHEREAS. il was intentkd that th~ uf~rea.:"s in the Dt.'Clardlion indiC3le !hat A1hamlll1l
Squ:>re Sooth and J\lhaml>ro Squ= ACLF ....uuld be dcvcl"l"-'<1 -,,'j,h no mor~ Lh:ln ~';R al"'nm.nt'.-
and Owners d.<sire to correct said error and mist3ke:
NOW. TIlEREr'ORE, the Declaration i. cO=lcd:md amended as foUe,"'''
(I) All rcferen:es to -no Jess than 24l\- or -241\- "'all h<: challl!ed [0 read -JIlJ more tha:J
.1411,.
(l.) In:111 other resp...--cts the ,^"'C1.ar.:nion sh31J r-:m3jn jn full J(,.Ire.: and Io:'rrL"'l,;I.
IN WITNESS WHr.REOF. OWl'b:rs ha\'c caused this In~trunl\::nt of COtT':~li('ln Ii) be: exel.:ulcd
th..: day an..J )'C:lf fint abo\'J: \\Tit\.l:n.
Signed. scal\XI :nKf delivered
1n our presence:
--:--... r. \ I \ rr~Y: Mil~" C( ion. Ronda corporation
-~ H'l""'" Q. l \--....~~ <? ~ " ~
Name Pnllled lJe,1..... L, L, \-\..>\'c:.\,~ ~
U .- N:",,~: ~i"L., .... (<\"S--c.",,\
"'S2 ~I Tllk YrR!.','\''''''-lc- ~
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Neme rilllod fe.46LF1 b, tI/f IL..U:-'J?!-' lAWYERS TITLE INSU~ANCE CORP
ONE FINANCIAL PlAZA a k J
~SUITEI05 ;V',
/ . FT LAUDJRDAt!, Fl. 33394
-:trqg(x)~'~ S
AI.HA"ffiRA SQUARE NORTH
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ORB 10697 Pg 1L.73
ORB 10500 Pg 5.3'9
S~,I::'d. !\.~aled and ddw\.'rcd
in lIur pr~!\~nc~:
M.H,\MHR.'\ SI)! JAR}; SOIITH
'~u By: MllnorClJ!!!
-:---...(\ n " ' ,-
C~ h.\Q(-tt'.-K. . ? , .'"
NalU~ PriDr~d_\)..b,.,,~ \... l \-\.fu\,~:~:'
~~f N:n~: NC'l"_:~ <1 l'i~e~r.~
__~ = Ink. fY,..e.~. !l'~t
Nam<> 'nled ~ ~ 'l:>.MIUee-
-
Sign.". =/<11 :lnd d.:Ii,'.","
in our pre'!:CDC'e:
--...... 0 r. \WL' a)': Miinur C"'por.>tjo
= '\ ) c ~ ~c..v.. L 'l<:~.---z
~L' b """""'"',,:,;:: .
~ Tille:
am" Pled f,~ I r7;.t111~
ALIlA/.mRA SQUARF. ACLF
.:J FJl,.'ridc cnrporau,,'tD
1c.C:.a., \
STATEOI' no~'~
COUNTY OF ji>-t.M -eP.~)
I HEREBY CERTIFY Ib31 (>D !his day. !><[or.: mc:. :In office:' duly :lulhoriz<d in 1M St:lle
afor.".i" :I11t1 in lb. cou~ :Iforcs:1id 10 Uk.: acknC\wleC%!n..~s. p<rs(Ill3!iy appe:lre<l
N.o,""",,,,. ':I. ""'_\.w.~.\ .~:~@~+- ofMllnorCotporatron.acorpof3t:on.onheh:1lfoflbe
;orporation. 10 Ole kDown 10 be the pc""" tL:scribed in and woo cx<cula! tbe forc:goinl' ilL'trum.:nr
aod who acknowledged before m.: Ibm h~ ex.:culcd tbe S:tnle,
WITNESS my band .nd official seal ill Ibe couuty and slale las! .f=id Ibis
JtJno. 1998.
..f't
l~~y"f
TIllS INSTIWMINT I'REP^REn BY:
Hass. Herr)' &. Sin,.
~700 First ,\mc-ric:m Center
Nashville, TN 37238
~. \)pSbc-~ L _ \-\'~~...,
.:Y e,'o"...o..\" L..., \:'\'" c<.. t<.',{ ~
l\)e~"" .... ~\ :t>~.!:, \: <!..
Of?-K:.IAJ. NOTAKY SEAL
DEBORA).( L HOTCHKISS
I-.'OT ARY PUBIJC 51 ^ TE OF 'FLORIOA
COMMISSION NO. CC4ZJlJWl
MY CO:.4MISSION EXP NO\! 2719\ll!
tlNCOl N/613S28
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]MAGEOl ': FL-99-22331-I 0410211999 ()..._~:13pm
B~s Berry ~ Sims OS/17/98
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15:50 PAGE 5/5
RightFAX
ORll 105tD0 Pg 540
IIOlllliHY H. 1I1UlEH, a.EIII( Pi CWNTY, Fl
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ORB 101:.'97 Pg 147...
JOlNDJ,:R
The uudenigncd joins io the cXC:CU1ion of Ihal ecrLain instrument of Com:ction d:lted June '!.o.
1998, I:.\eculcd by Alhambra S<.Juan: Nurth. Alhambr.. Square South, and Alhambra Square ACLF,
for lhc purpose of ,,=""oIi"8 and agreeing 10 the same.
AMF.RICAN RlrnREMJ:NT CORPORA nON
STATE OF "'III )
COUNTY 01' .:J?A!I,l'>li-OW )
I lIC:REnY CERTII-'Y lhal.OD thi, day, befon: me, an officer duly aulhuru:cd in the Slate
.forc.s:oid and '" the County .fon:said 10 take aehowIcdgments. pe=1ly appc3red
r;n)l~ lI,u:f, C C.) of AmL-nean Retirement Corpor:Ilion. . TcnDC<.,ec
eOlJlOf3lion.. 10 me kDown III he \he penon dcscrihed in and who cxeeu\l:d the foregoing instrument
and who acknowledged befon: me thal he executed the saJIlC.
7>'-
WITNliSS my hand and official ""'" in !he ""Unly and stale 1""1 :1fon:said this -1L my of
June, 1998.
~ ;;; (~~u2.~~
TIllS INSTRUMRNT PREPARED BY:
Bass. Berry &. Sims
2700 First American Cenler
NashviUc, TN 37233
r -"F'IiblIo,DIMd:Ione...nty. Tenno$$OO
....0:mmI0al0n ExpIr8a AjlrillO, 2000
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Jl\!S\\.GE01 :: flr99-22331-I 04/02/199901.- ,:13pm
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DRB :1. 0697 Pg 1475
t>l!1liIDl'f II. 1l1U\Ell. o.LRK PB (IlIlllTY, F\.
JO['\DER
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TIIII!' un~r$i$ned joins in tIle c:-xtcurion of !h::at certain insrrnlUc!DI of CorrK:~rion dat~d-itrne' ~
1!l9~. cxcc\\le,1 hy Alh.,mbr3 Sql~'r~ }lorth, t.lll3mbm Square SOUlII. ~od Alh3nrolU Sq"",,, ....eLF.
for lh~ pUI'f'C"s~ of CUm.."11[:i"~ :1nd ",!n:dn.tt 10 Ihe S=:lmc:.
Signed. ,,"~I.-d ,,!IlIlkJivcretl
in IJur rr...'"S~c&::
CITY OF BOYNTON !lEACH
fr1tVM, ~- ~ ....-/ // r-;~--;' ~
N~n"'I'rinl."<Jl1J tf;.y iJ.,yN C fJlq,p3)'" ,r /..f': e<. J, / ,..,....--
Nome: <, t:d~t,) <'; ,,,' Jer.",-
~ ;f J.. _ Tilk: "7.. ~ .~. .
N""'el'ri~~o"';::1 L ~'E1N~i ./ APp'OV
STATE OF
COUNTY OF
)
)
j HEREllY CERTIFY U\:lt on this day. before Dl<', an officer dUly audlOri:zcd in (be Sla~
afor':s:Jid and in the County aforesdid 1D take 3cl;nowiedgmcnts, r-rsonally 3~arcd '
&-_LZl 7:if,~e>~. /7?>9f1''''''''' of 1h~ CilY of B"Ynlon Ikach. to me lcrlown to ~ the
person de~criocd in and who executed lhe for"goin~ insln,mcnt ~nd who ockll<''''I(<l~d before roe
lhat be exo,"ut,<Illlc same.
WITNESS my baud antl o(!icial sc,,1 in .1,,, county aud s!:lt" lost aforesaid this _/(i; <by of
~~J998.
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Lt'7~oa/.~
TII1S INSTRu~fENT PREPARED BY:
Boss. Berry 8:: Sims
2700 Fint Americ:!n Center
NashYille. n.. 37238
\..U,,"=.Ol.Ni 6'~a
.( .,.."., ,....'...<:',.",. ,'..... ,.', '.:.'....M"....l
~( o:.~"'''Y'er". Su~ Ii. Kr.1S l'
,... ~ ""'--.-......... sr' .
..<~ l-......:-rUlllIC. llIko n,..,..p "
~("?--~~ ~~'~sionHo.CC60'14l' .
)~ .,.,~... M~ C.-:r-""f""-' ~. Ol~l>>I:
.~ 1.J<<t,.J-/lIIOT..... -........... -:--ca.-......t:. :'
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