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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 "fry 'J, Ot" r"".. Ir)~l~,'. v:, :.:r~~.~Ef\('Lf .'. ,. 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 .< i S:\CA\CASES\Alhambra - Medical Arts ProfCtr\Transmittal Ltr - Amendment to Declaration.dot America S Gateway to the Gulfstream JUN-30-ge 08,26 FROM JOSJA~_GOREN ET AL Dale: To: FGIC Mo.: Pv8et: ProM: lu""c:t: ....CI8~ MIUER LAND PlANNING CONSULTANTS. INC. ID 9547714923 . '.d / I /1 Xl t;>--, ' LEGAL D 2 mp~. ~ lA' IEAOl. fulllIOA 33444 P.IoNf . S6'/272<XJS7 F.x. $6\127'-8558 FAX MEMO June 17. 199& OoIe svgonnon. ASst. Cl1y MonoQtl' UI~7UOIl 5 Iro~ O. MIler. !\JC" Alhgmbrc SauGre SovIll/ACLF Properly SW Comer' Congress AveII.,. a. Golf Road 1 I.PI,",,"f /he c\KTent owners ot Itle Sl,/bject oroperty. Amerf(:QIl _tre~n~ Ccq,oN"', (ARCI. YIM hove PUc:ho5ed the proo.rly ond have Pf~ Q sll. plan for an CISIIsIed tMg project wtlic:h was (l:)ptOV9d lost loiear. The project is eunnltybelng :-e....d 1Crp.."mh.g. ARC Is In lI'le pr~ess 01 doSIng on 0 conslnl<:tlon loan. AS part 01 lIle eIOsiI'lg .... altorneylhovereQ\JulaCllMeIleC'.II\On 01 1M offochecllN1Nmen1ol COlTecflon, ThIs instrument Is fOI\mOllt to etcIrifv tile nu"** of unih aIlot:ed lor the ll'~f. AlthOugh this maffw lloJ ~n Oddress.cl by the attached memo torn C~ PCIIk8r to Torri:lri IfeyQen. doted o.:.nw &. 1995.1 helve been oskecl to ~ IIliIll you on getllng lhe O11Od'lecllmtru.,..,' exeeule<l !~ foc;jjllOle !Ile ClO$Ing. I woUd ~ 'f'::M ~"OUS cooperenlon with this maner. I wftI coli YOU 10 c:Isc:u5S llris turlher, cc: lQurg t.ineotn (Yio felt 6151742.2866 w/o anochmel'llsl Le Mctfhews fvia falc nol'$$I-0077 w/o O'ItoellrnenlJ) C.\.'t\rpC\AIC~.,'-..- .4~ll"'" . 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 ! ~~ i iIJ\~Hl~fG TO: f'1'IOM: 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 L'GICI'..,......... Ma~ 13 03 Ob:47a Clt~ Atto~ne~'s O~~ioe 0$/11/03 11:14 FAX $81 04' 18 561-742-6054 p.4 IiIl004 Conrad Damon, Esq. Wanl, Damon" Posner, P A. 4420 8BllCCln Cllde, SUite 100 West Palm Beecb. FL 33407 WCII37 ~DMENT TQ DEplA~npN 9F COVENANTS AND ~gTRIcnoNS FQR ALHAMBRA SQUARE. WANER AND CONSENT RedtIIIs: A. MEDICAl ARTS PROFESSIONAl CENTER, L m" ("MAPC"), a Florida limited partnership, is the owner of the following desaibed real property located in Palm Beach County, Florida and S'~SSOf in Interest to the prior owner, Hematology Oncology Associates Properties, Inc., which is now General Partner of MAPC: A. parcel of land in section 32. Township 45 South. Range 43 East. City of Boynton Beach. Palm Beach County. Florida. more particularly deSCribed as follows: The East 460 feet at the west 510 feet of the North 380 feet of the South 420 feet at the Nor'.hwest one quarter of Section 32, Township 45 South, Range 43 East, less and exeept land$ 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 05/12/03 17:24 FAX 581 e4'- 2e 561-742-6054 p.5 III 005 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 05/1Z/O~ 17; 24 FAX 581 54' - :28 561-742-6054 p.6 liIloos 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 GS/l1/G3 17,15 FAX 581 84~ 18 561-742-6054 p.? 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 05/12/03 11:25 FAX 561 84~ 26 561-742-6054 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 \'" r.'~' "',", \ " w\~ \ '5 'l\)\)~ 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 ~8 561-742-6054 p.2 iii 00% 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 p.3 _0 .. .- 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_ :>.'a1 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,.. ""'lIlT "'" "".. ""'..._......... u........ a p.s liIIoos n.~ .~ U~ U~:~~a CIt~ Attarne~'s OFFice 05/11/03 11: 25 FAX 581.~ \18 561-742-6054 p.10 ..u...._... III 010 U~'_U'.~~~ ...~~ . 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 ~'J .rca""'l"'7."_ -... -- -....--.....-... ....-... 561-742-6054 na~ 1~ 03 US:50a Clt~ Attorne~'s OFFice 06/11/0a IT:I' FAX 581 '4 128 -... -- .,-.1 .-- - - ---- - produced 5~-'C:D\..,..IIIlOC~tlTlCoI1_BLCA.dOC -""- - as identmc:ation. rlnt Name: Notary Public My Commission Expires: p.ll !lOll. ~6'" .....OHaq". ..:Gif.....,~ ..~ia>... ~- .. Clrc:ltDhr17.. 3 I f:QDQI 'fQr: "\'l1' n"'\ f'\I'I.""'...,..'...." ......... -. .......... ---- -- ,-- , , /',/' /.] / ", " 1/ LAW OFF C E S I~J~. )rJ r i ! ; I ! 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 ~P~002 ,r-< ..........._~_ '........., 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 ~ ~..... ,..' '-~~ .. ~i......J 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 .., IMK ;,EO 1: liL-98-2447 4- I r 04/21/1998 ' ':37pm -~-:&-~~-~:'~~ 91'~:0419:-l Page 1 of6 " ( 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 ~ \.A'" o"",ca::a .-oDIU'" .... I:llll:N . ."00 HO"","......1;8" aOCA ""TO" .0l.l\,.l:y.....a. SUfTa:: 103. Doc.. .."'fOtIt. "lO""O'" :J,>-:U DOe.o. .....TO.. !"O'l')ll..-aoao . ....!I:.,. ""...UOO ..:.AC:'" (.0007) na,o:l.. . ...0........0 (:10:1)7100-00.. ---.----.- t' , J;L-98-2447~,~.~/2!1199fl . -_...,...:.~~ 1:37pm "::::;:'___';~..~.it-J.,-........""..~"",~"",;"""",:,,,, 0IlI! 6895 fig 1432 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 l.....'or,.'cu .-o.c:_,..... IU'-':N . ."00 tfOWl"H.....J:.T .o(;A .....TO'" .ou"-cv....a, SUJTI: .eu...oc... ......TO... ,.LOI'IUDoA ~:tol~, eoc.A ""'~ (..O7'l.....~"O . ....UT' ,....1..... I!II:....c.. ,,"0,.)"38'0:).. . .1IOW",,.l) (3.::JS)?OO-.O.. ,~ "1 Page 2 of6 .\ ,'. ThUiGEOl '; liL-98-24474-1 .'r' "," .-.. "'"'' --~,~~-- " , 04121119910 ..- ',:37pm -'-'~ ~ - ..~~"". ......-..""_. Page 3 of 6 ~ '---:~:::~-:~:1~~3' 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 ~- u..... o"".et;. ""Oal:RT A. J:1.E.N . .700 "'OIlTMWI:IT loe.o.lIAl'ON .OoJl..l:",..."P. .VITI: 103. IilOCA .....To... "1..0"10.0. 3,...)1 aoc.o. "A"ON (.-07) 0_'.08-0 . ""':ST"AU< au.cOi foo07l7.).-03aa . ...OW"''''O POIII' '110-.0.. IMkGEOI.': Flr98-24474-1 -r " . -- --...-~,= 04/211199~ ':37pm .,...........:::"::C:': . .'- .':;-.::"-- ," ~~ -,.- ~-----=-. I' Ollll 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; ~ \"~ ::Ci,,~';!~~;'?~/ ,:lJ,~t:,.,.' ........... ~~;:#~ #M~ 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.. Page 4 of6 ~1 " "'r"'1'L-"-'''''~' I 04l21/199~ 1:37pm .._........~.~. ~~~.~ S'l'ATll OF FLORIDA ) )..1 COlJl!'l'Y or PALl! BEACH ) ='r.'::r_:_~"-'. ~..._..,_:~_~~ ...-~. 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$!l'. .. \00_\ My commission 8Xpire.: IIItMl f\leLlt m'tt 7 19M . ~ .>\-:, Q 'r ~ J iF.:. ~ '" tQtI4tSSIOI u,. (,(1'. . : ~.\. . ~ . '~1o.t,) :. -- _''It:~lJtS. - 'mf,"'''' ~ ..........1.' - .. -,'." ~.'''' :ii. (( ;G"u~v~~';r'. .. ~..: "'''"'I!!'''.';r...:., S'l'ATll OF FLORIDA ) )as: COllJl'1'Y or PALl! BEACH ) I JmRBBY c:E:R7n'Y that on 1:111. day, betore me, an otricer duly authori:ed in the Stat. and. County atoruaid, to take acknovle4quant., personally appeared Et.ISHD. 't. MICHAEL vall known to me to be tl1e person described in and who executed the toreqoinq instrument, and she acknowledqed: betore :me that she. exacu.ted the aUe in the pr8sence ot two subscribing vitnesses !reely and voluntarily_ . lilTlIESS my hand. '!'ld o:tticial .....1 in the County IUld stat. last. a:!oresald, this :l::!::=. day ot (\'\".i...- , 1.9-91. I ~~"~~ L. ,!i;,~ My cOJm:1iaaion expires: .: .,/f~.... u\ ;~:~. !f&l!,1t;l!!!"IU'- ,"A~ : -; 1\'" IWUIWtiJI.%JI. r.CT.7.1.. ~;.~~~'o fl. :;- fL.: i ~ ~ IS, , , \:~~,j'>7.:~t:,:~rY D: COllDOOO. jh 5 .........o,.ner. ,.Olltln'.... ~ISItN . .700 IWO""'l-O....C.T .cc.,o. ,....,.011 lOul,.J;V.utc.. aUlTE 103.10.:... ,....ToN. ,...0"10... ~31 I'oc:... ""'TON (4C'" .......0.0. ....~$T .....1.... ltil:AC:.. ~:r1T~.'O'.. . atltO"'l''''1OClpoa) ".0-.0.. Page 5 of 6 ;,] , ,. " '. IJI1AGEOr ': FL-98-24474-1 'r- ., .~ 04/21/199b 2:37pm ,.'': --.~;'"'" :~.:"...~~, - ....:: Page 6 of 6 " . ~'" ..""'~~".:~~.::::::'~:~ 'T~:1 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.. - " .< Gr:OI : FL-99-22331-1 04/02/19990"_J:I3pm Page I of 4 ..... ..-.... , . . '. 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- ~ ~.t 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 .- >: O ,t) -q' . '. . , IMAGtOl : FL-99-22331-I 0410211999 ~.._~:13pm Page 2 of 4 . 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 I- '. ]MAGEOl ': FL-99-22331-I 0410211999 ()..._~:13pm B~s Berry ~ Sims OS/17/98 Page 3 of4 15:50 PAGE 5/5 RightFAX ORll 105tD0 Pg 540 IIOlllliHY H. 1I1UlEH, a.EIII( Pi CWNTY, Fl .-- - -- -- ~ ---- ------ .------- 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 .: ...... ....- . .' ::.~-:. ''..>.. , '. -.-::.... lINCOLN161352e ,. , ., Page 4 of 4 _,_ ,_ Jl\!S\\.GE01 :: flr99-22331-I 04/02/199901.- ,:13pm ..-V'.-. ..... . .. . DRB :1. 0697 Pg 1475 t>l!1liIDl'f II. 1l1U\Ell. o.LRK PB (IlIlllTY, F\. JO['\DER , ~4" 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. .:::;z.."r 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:. :' .......'\.................. .......'^-....-n....."n.........'l