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APPLICATION bh l'J P _ i) ~i. ~ _ [\ti ~~ l\1 Q tl [~U I _ (~U l} L QFc; _ f; t~ I Ql'J I tJ [, _ Q E Eh I t;:~, I I [J. U City of Boyntorl Seae:" Florida Planning 3nd Zoning Board Thi3 application must be filled ~ut completely and accurately and submitted, together with the materials listed in Section II below, in two (2) copies to the p'l~nnirlg DGpart'nent~ IncompJ.ete 3pplications will not be procf.:?(:i~';(::?c:\ ~ Please Print L.egibly or Tipe 3.l1 InfcJrmatiorlu I. 0fUfEQb_lUEQB~eIlQ~ 1. F'r"Dj ect Name: .._~}-_h"Il1~r:"_.~.'!.l1.,,-r:_~,:~!~{i\_~h,,:'l~r_a_ _~.'!:,,,:.e_~~~~_ .______________ .,.:.... TYPE' of f-ipplicatlDri (Chi::,'ck [)nc'': x ::," p(?:::::.,;:.r'll ii(J :::,n1 !J ~ Land Use Amendment onll l_~.\nd r\-~:;E' ;::-~!lnF.:'ndii"I~'ilt ':::'.ncl r~'(~:;::onin\-;:J ''':'" D:..te t:.hi::::; {-ippli,-.:...t.i.e,n i':::f ;':"iCCfz<ptE'c:l (tc: bE~ fillc2d Qut hy F'l,:;;'\nnir"q Departm€.?nt.) : -------------.---------------------------------------------.-. 4" Applic3nt~s Name ipc!~5Dn or business entity in whose name this application is made): Norman J. & Elishka E. Michael ----------.----------------------------------------------- Addr-et;;;s: -------------------------------------------------------- 10460 Prestwick Road _l\.o'y'n~ "n.. ..'l~" "J:',_~~"J::.~~_a__ _ ~ 343.? _m _. _ _ __ __ ___.. .__.. .----------------- T!:.:ol ephDlle !'Iumber-: 547-9407 -.---------------------.-- ~:j" ('1~,~f~nt.:'5) I'.JE:\nlE? (pE~I'.~~-lon!1 i.+ i::\ll"/:l r.f2pr..(?~~ientinq dpplic::\nt): Robert A. Eisen, Esquire _on....._ _._..._ ___._________.._______.._____.____ ....-- Addl""C'~;;,S : -----.- _ _ --- --- -----.- . _ _ --- -- -- ------------ -- -- - .--..---.-.--.-----------------.---- 4700 N.W. 2nd Avenue, Suite 103 Boca Raton, Florida 33431 .-.....-...-- -'-"-' .... ..... .__..-- ,..- -...--.-......-..-.---.--.--.-----..- .-- - --.- ..- _...- ---.. -----------.- -.. Planninq DeD3rtment 1.-86 paqe 1 ... .. 'r,,::o-J. i?phDi'le Numbel'- : 407/994-2090 6. Property Owne~'~ (Dr -rr!Jstee'~\ i~3me: Norman J. & Elishka E. Michael Plddl'-(?~;S: 10460 Prestwick Road --------.---.-.--..-.----- m ll.()Y'l~()Illle~"l:'_E~or_ida 33460 Tre1 ephoDc. __~~?j_5!!'?_-:?_~Q.z__. Number: ,. Correspondence Address (if iji'ff(~r-~nt than QPplicant or- agent):* * This :is ttl~ addres3 to ~lhich 3.l1. ~[Iend~s:t 'l0tt2r~, 3nd other materi31s will iJR ~laile(j. 8. Wh~t i~ tile appl!(:ant's irltere5t 'In tllR sutJject p~rcel~ (Owner, B\J~er, le5~ee, l~uilder-, D~\!eloper, Contr~c.t PLlrch0sel'-" etc.) Owner ---------.------------------..----- 9. Street Address or ~.0c~tion elf SLlbject Parc01 Southeast corner of Congress and Southwest 23rd Avenue (Golf Road) . _u, ._ .u.. .....___ _,_ -._ ~._ _"__'_d_n ..'V...................... ._.._~__~__.______ ___ 1 <). Legal Description: Golf View Harbour Section 3, Tract 4 (less curve area Southwest 13th Street and East 20 feet of South 104.29 feet) as recorded in Plat Book 30, Page 119, Public Records of Palm Beach County, Florida. 11. Arp3 of (~I..lbj0Ct P3~~el (to the nearest hlJndred.ttl (1/100) of arl acre): 9.45 acres more or less .__._______.____u.____....__._________L_.___u_______________________________________ Planning D8p~rtrnen.t 1-86 p2\gP ~ '" 1~ Current Zoning District: ___ _~:.l~_ _~ "-~Il~l:~_~!:,:,:i.lx_E,,~:i~en_t:i~~L__________ 13. Proposed Zoning Distrii:t: ___~::}. _\,:,-,,~~~::X':lIl:i_lYL_ t4. Cur"Y'oent L.:::\nd U":;f~ C~:":ltE?qC'I"-' ~ __ !l'~!.tj-_::_~ ':lIli~y __ E.".~.i:?~ Il t~_aJ ___ __ _______ ___ __ __ _ ___ 15. Proposed Land Use Categorl: !Jl~ !~i -=-.! ~lIl~;t.L E ":~?-~ ~Ilt}-_al: _ ___ _ ____ _ _._._ __ __ _ ..... ___ :J.6~ IntendE~c:l LJ"::;i':~ Df Subject F':;)y-c:e.l:: ACLF 17n DevelcJper or B\Jilejer: _ _.~i_~Il()r_C()lCJ)()~~tioIl _ _!}}L!':!,_ }l.i.-E!e_ ..f1?-gJ:'.",~}'!_ ~~~e _\\l()~tJ:'., _ ~~()_r_i~,,: __}3_~(iO 113" ?-";rch:l tE'c:t:: _.Sl1()ll!'I}!c::l5i_Il~")'__'?!_!l.'::,,.a Raton__ 19. Landscape Architect: ~o. S:ite F'lanfler: 21. Civil Erlqirleer ~'" .........~ .. Traffic Engineer: 2~).. '3ur"Veyol"-: O'Brien, Suitter, O'Brien II. ~0I~Bleb~_T9_P~_5YP~IIIg9_~!I~_0tEb!~01Iq~ The followlng materi31s ~h~ll be submitted~ in two (2) copies. {check) x a. This application 'formu x b. A copy of the last recorded warranty deed. x C. The following documents and letters of consent: x (ll If the prope~ty is ul',der joint [lr several ownership: CDnSI~nt "to th,a application bf ~ll owners of record, 1fld ,,~ ",.. it ten (2) If the applicant is a contract purchaser: A COP~I of the pur"chase con-tract and written consent of the owner and seller. and (~~) J.+ the E\pplic:ant. i!:: 1~"t:~prE-?s(?nt[~d by an aLtthoro:i:::~(2d ':\~lento: (-) copy of the agency agreement, or written consent of the applicant, and (4.) If the applicant is a lessee: A copy o"f the lease agr"eement~ Planning Departjn~nt 1-86 page 3 00- "- (bl E;;i.~,tj.nq ,-and pr-c~'pD'5C\c\ ':;;Jl'-,,;\cli:'-:> c.l e\/<;:\t.i Dn ,':.:, " (c') El{i~~ting C:'Jf~ pl~ClpO~;E-!rJ 1.\1,::,t811"' t)O[lj.E~~::ik (d) f~orm of ownership and for-In of orqaniz3tion to maintain common spaces 3nd recreational facilitios. (e) A written commitment to the provision of all n8cessary facilities for storm drainage, water SlIPpl~!, !;p~age collection 3nd treatment, solid waste disposal, hazar"dot.ls waste disposal, fir-e priJtection, 8ilsements or I~ights-of'-wa', roadwav3, recrea'tion 3nrl par~~ areas, school ~ites, and other public iinpro'/ements or dedications 3S may be r'pqllired. (:1.1) Ful'" 1'-,;:':!~~()r"lin(,:;J'~:; t,u p::.(.::tnn\:7~cl zoning di,~:;trict.':;:;, ttlE' -::~,pi7?ci'fic: rW€~qui!'~pmf::~nts 'fDI~ ~;;ubrni~::;~;iCln D'f (?\pplicEI.t.iDn~:i for- r-r:.~~:t:)nili~J t.D s.;uch districts shall also be satisfied. Furthermo~p, ~ll materials required for a 5ubdi\/ision master p:lan shall also be submitted. I I I " BEEblCBLIQ~_EEE5~ Fees shall be p~id at the time that the application is submitted, acccJrdingto the fees which havR been Qdopted by orrlinance or resolution. The I~lannir'q Department :~ill intorm the applicant a5; to the fee~ which are required. All fees ~t'all be paid by Ch0C~~ payable 'to the Cit~ 0+ Boynton Bea(:h. IV. CEBIIEICBIIQU (I) (W8) urldGrstdf1iJ ~h3t this application ~r1d all plan and papey-s submitted herewith become a part Df the permanent records of the F'lE\nni.nq and Zuninq Board. (I) (If,JE!) hE.~rpb'( certi'fy tl'13t the ~1bove statements and any staternents or showings in any pape~5 or plans submi'tted herewith are t~ue to the best of <my) (our) knowledge ~lr,d beli~f. This ap~li(:atiDn will not be accepted lAnless signed :__::;>:c: rdinCJ to .I-he ins.tn..tcti.onc; 10",10\"'. / ~~_ L-.t:__,,_~_j!___ ----- ------------------- L8'i"'~; a'lL f? D-f (J:;.,lney. (~~;) or- Tr"U!3t,r:;OE~. Dat(;:o O~ AL lorized Principal if property wned by 3 cot-poration or IJther- bu'!:?d.ness ,=nt.ity.. '). fj~~~BI:;ENI --------- ---------,._------------ Sigrlature of Authol~i2ed Agent [)",tl' <..1'1':; (my) (our-) E\l.Ittlorized .:,ppll c.:\ti on. Do\te Dep':'il'''tmc:'nt :l. 'Nul36 p,,;g'" "7 '" EXHIBIT "A" AlliAMBRA SOUARE NORTH A parcel of land in section 32, Township 45, South, Range 43 East, City of Boynton Beach, Florida, Palm Beach county, 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 1/4 of section 32, Township 45 South, Range 43 East, City of Boynton Beach, county of Palm Beach, Florida, less and except lands described in Official Records Book 5402, Page 670. AlliAMBRA SOUARE SOUTH/AlliAMBRA SOUARE ACLF Golf view Harbour section 3, Tract 4 (less curve area Southwest 13th Street and East 20 feet of South 104.29 feet) as recorded in Plat Book 30, Page 119, Public Records of Palm Beach County, Florida. (B:CONDOOO.pg9.ksd) 9 LOCATION MA.P ALHAMBRA SQUARE SUUTH! ACLF - - o~L~n~~,~~~OgLJ '., 0 l J 0 0 0 ""~_. . J r (x" /'. y~ .{,..-I P 0 000 0 l50rf JL~ncO · ',..J~;~t' ,( .' ~ ~"'~f~~..~'5 r U ( ;"F~O ~"Ir 1'\<S1-. \0'1)'" Trt+tL ,,~"','>t,e .:~~, ~;'; .~ '\~~ ~ r.l rfa': - W-:)_-10 0 \ '::?W ~ ~-lL.~~~ ^(W A,.V~"'~~~ ~)< ,-~. ~ ~ ~O:'6Y<7f~ ,0__ '~,)ll"-L v ..~ ~'~i~ f"~"' _\ '. ~\, \ J;:;:;;;:C ,-_0:, .' /(~// %(<~/~ );T~ :iR3: '(, \\"6'~ ~.. \ .LUI:l=lrrm") Pi In I- or <",'\ \ \.lH \;,.......,:; ~..'~ \., ..~.q.o ~' ;' b~on4.O...', f= .~ 0 t- '\ \ L~\JlllliH l'~. 11l ~,..,.,. :\- i ~ ..J;\ " : i " e80FT~p:,S:::: ?, 1 J11 r~ I tiP:,}: A "\.. . l2t.;0~:}"~----r;-D-':'f "", C'\ ,~ ,:-1 ~ · ~c+t. ~ :1 iJ - ~~{~.t::' ']1-' . n 1--f3., J:. -- ~,~ ...... ~~._ W>~.~ . ~ - C1J ..~. ODD~1fruoo;;~o.~ ~_. -sw 'k NvE w()OI.8NIGNT R~..Pa{) " __ \ ""' .~: " ~'R-, f-- ~_......):I Cl." 1'-. 1,,0; -----.loIrl:J...:lI: I '~EC~O:x-y) Ole t-: :;Ii-.- lA--.::--....--- Ir;IIIII..~ /':.><;';> ~ ~t::;~ ~n .-. ~ .. ." :',~ "'.or';' J~!{..I ~'''' ~'...~' ____: . :> . . . ~~~~(: f-- 1\ 'GIl,J ~I-" ~K\' ~ T7 ~-'C\... '".1- ; i'-'" L '71:~: ' ~ ~ ~ ' F1.' CJ u' , '" ~ ' ..' ~I ..r~" .. ~pUU ' ~' ,;~~ .-"-__ I ~ ~ ~; :"~3t.::::~\.'..~E . ~ -J; '\ II II 1 I I 1 1 r \.IIIIITII .. rL7)' Hcrn II, If I 'E! III r It. ", . . 1111 I'll I.f \. w. p . .. L~"Y L,t.KI WA"."'';AY S':-- V'ry ~ ~ ; -~lT'~~ f' II: I~i~"~ I: 1 I ~ '~': _ "t I 0 1::"" I ~ 'ffi ; "'1 _, \..r:;:- 1 . , ".-; It<~... "rl~::~~~ .. ~ Jr:T'tI~'... ....1,7'; , \~1) f- ,.....' I- ./.1 !Tnl I . .' {,--rj . '\1'. "- ..' . ';:; Ii I _ '1 fTTTT; '~i.J l-.P : ,~ h u . .. 7 J ~.:..cr,Lf'j.J ---,- I 1 ~a p.1 ,;! ,,' 1~,r, L\::::: f-WI I 1 '1\ 1 '>T~~ i'JJ ~ J:;7'.j ~~:~:_.1f;fEffHffi~'!W~;~++t-j. ; l I 1 _ i:l'l:'J. ~7~'L:-;y~~JR:t I I rlIr"f,J 1'1 ~ . )! ; . . r: t 1. , J "/, I lJ t H -I ~:l! ' ~.,jr'rr ,i ,,-\ ;, ~, ',; :1>'- "."",,; , L,.--'~L <_." .. ~~ -1\\ "7'uw h l"I fFir ..;, 5! L" ~-I 1: Jjl,;/ ' 1.--' "--ll -, ..:. c.-.: Jt~. \j,.) . ,h " L- ~:.:........_-- J:':"'::-..~);;' , ..~. . , ..., r '1~_ . . . 1/4 MILE'S , :.,. IFoUl R /II ~.. \ I E /f//, " ~ ,." ,C " '(:iJ n I I f/ 'J' " .: II '1:: :' /) 1/;:' t. ~"iL~?c~ .1: l< iJ -'J ," ,[~ " v.' 'Cj ~ , . -,a v '" -~,..,!iJ _ .<;>'" . /,) ll.'''' ofJ .w. ..Do(l, ,'\ !J .. ... .v "11:;:1 !;l _ >l ':'10(")13"--" ',1>\ ~GJQO'o/):: -~ [) ~l'J~(<<J.,o\ ..--.- -- I~TI[ITI T~" '\~ -, - o G ~ ,- 0> :"/ I '0 , , 'T J,' , , 1/8 I 400. 800 1600 FEE;T _ Pt.I1NNIN r. "F-P'f', l/ /qr> CERTIFICATION AND AFFIDAVIT STATE OF FLORIDA ) COUNTY OF PALM B~CH ) BEFORE ME, the undersigned authority, personally appeared MICHAEL M. LISTICK, ESQ. ("Affiant"), who being duly sworn under oath, does hereby depose and say as follows: 1. Affiant is an attorney-at-law, with offices at 616 Ea~t Atlantic Avenue, Delray Beach, Florida 33483. 2. Affiant has examined the public records with regard to Tract 4, Section 3 of GOLF VIEW HARBOUR ESTATES, Plat Book 30, Page 119, of the Public Records of Palm Beach County, Florida, less the curve area of S.W. 13th Street. 3. Affiant hereby certifies that as of July 12, 1988, title to said real estate was in Norman J. Michael and Elishka E. Michael, his wife. 4. This Certification and Affidavit is being given for the benefit of the City of Boynton Beach, Florida, regarding the request for zoning, site plan and/or building approvals. This opinion may be relied upon by the City of' Boynton Beach, Florida, but shall not be for the benefit of any other person or entity without the written consent of Affiant. FURTHER AFFIANT SAYETH NOT. ~ttk%t~. LISTICK & STEINER, P,A. Attorneys-at~Law 616 East Atlantic Avenue Delray Beach, Florida 33483 SWORN TO AND SUBSCRIBED before me, a Notary Public in the c~nty and Sta afores id, this day of , 1988. MY cOlllm~8sion expires: ..,.... \'1~::;. J../ 1"'1, ,..' ..,.",)o..........J ''', / ~<;, ...;,.,. ..: rl '...J'~ \ ~ ' ".' v v . -., , ~... :,e:. 0'.')01 ~.. .,~ _ ":;,J , ' .. "'_- :: ,,>: r-I -{. - ! = -)' - " : - ~ :c,:. roT8~t l/ri!'l'rr OF FlORIDA ~ ~ '., ~ C,P lOtI m;..... 3 UOI #....,.. ..,.,,,.-. ...~.o ," "~.ow:UL as. Uao. "_'" (.7:";;;'~ ,~v " ''; - . .' .. \ ~---_._--_._---_. -----~._,---- A F F I D A V I T STATE OF FLORIDA ) ) ss. l COUNTY OF PALM BEACH BEFORE ME THIS DAY PERSONALLY APPEARED Mark A Ri g"" , WHO BEING OULY SWORN, DEPOSES ANO SAYS: That the accompanying Property OWners List is, to the best of his knowledge, a complete and accurate list of. all property owners, mailing addresses and legal descriptions as recorded in the latest offi- cial tax roles in the'County Courthouse for all property within Four Hundred (400) feet of the below described parcel of land. The property in question is legally described as follows: SEE ATTACHED EXHIBIT "A" . FURTHER AFFIANT SA~ETH NOT. Sworn to and subscribed befor~me this ( '~ \\\C~ 1\ ~.~ A.D. 19 C\. () at Large My Commission Expires: ~.)Tl\nY PUBLIC. STI\TE OF FLORIDA:. _ ~1.' CU;"I,;iSti:0N [Xrll~[S: FEB. 20, 199;(, nUNL't,;o..l HII:U NLl)'.'I.l'lY l"UIlL.IC UNt)EtnllnIT~R!i~ z n:OL9llVZ90E ~xe. ~~g UO~U^og W~EE:9 : 06-9l-E : :"g IN3S OFFICE OF THE CITY MANAGER Id30 DNINOZ ,;'i aN~ DNINN'I1d 00 S6618 ~OO ID IRd ID @ TO: Tambri Heyden Planning Director FROM: Carrie Parker r. () City ManagerCf DATE: SUBJECT: December 8, 1995 Alhambra South Agreement It came to my attention that there was some question regarding the interpretation of units as it relates to this agreement. On page 2, under Article II Section A(2) the term units is used synonymously with the term beds. Therefore, this agreement should be interpreted to mean a maximum of 248 beds are allowed. How those beds are to be distributed among a 1, 2, or 3 bedroom design is left up to the developer (i.e. 248 one bedroom, 124 two bedrooms or 82 three bedrooms or some combination of the above). Please place this in the file for future inquires. Thank you. CP:jc Attachment cc: Jim Cherof, City Attorney S:\CMICARR1E\TAMBRI.WPD DECLARATION OF COVENANTS AND RESTRICTIONS FOR ALHAMBRA SOUARE KNOW ALL HEN BY THESE PRESENTS, that the undersigned Owners of the property described in the attached Exhibit "A" (the "Lands") on this g71.1 day of )nj!} 'I 1990, for themselves, their successors and assigns, hereby declare that the Lands described herein are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and limitations hereinafter set forth. ARTICLE I RECITALS Section 1. The undersigned Owners have entered into a Stipulation and Settlement Agreement with the City of Boynton Beach, Florida for an amendment to the future land use element of the City's Comprehensive Plan and/or rezoning of the Lands as follows: FUTURE LAND USE ELEMENT ZONING Alhambra Sauare North: Alhambra Sauare South: and Alhambra Scmare ACLF: Office Commercial C-1 (office professionu'l) Multi-Family Residential R-J (multi- family) ACLF with no less than 248 units Section 2. As a condition of said Stipulation and Settlement Agreement, the undersigned agree to impose 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 permitted pursuant to the provisions of Article VI!! hereinafter set forth) the use of the Lands for the benefit of the city of Boynton Beach and for persons of record owning adjacent real property to the Lands (the "Property Owners"), and for no other persons, in accordance with the restrictions and limitations set forth herein. The "governing associations," of adjacent real property are as follows: Boynton Beach Leisureville Community Association, Inc., adjacent to the Alhambra Square North parcel, and Golfview 1 Harbour Homeowners Association and Go1fview Harbour Estates, Inc., adjacent to the Alhambra Square South and Alhambra Square ACLF parcels. ARTICLE II LEGAL DESCRIPTION The lands which are and shall be held, transferred, sold, conveyed and occupied subject to this Declaration are situate in Palm Beach County, Florida, within the city limits of the city of Boynton Beach and are described in Exhibit "A" attached hereto and made a part hereof. ARTICLE III DEVELOPMENTAL LIMITATIONS A. The structure or structures to be built on the Lands shall conform with the following requirements: 1. Alhambra Square North: Height: Building Set Building Set 2 stories Back from east property line: Back from north property line: 100' 100' 2. Alhambra Square South and Alhambra Square - ACLF h<!ight: ACLF Units/Beds: Multi family units: 2 stories 248 as allowed by city zoning B. The following developmental limitations shall apply to Alhambra Square North: (1) No building shall exceed two stories in height; (2) No dumpster shall be located directly adjacent to single family residential areas; (3) All property lines between Alhambra Square North and adjacent single-family areas shall be delineated with a boundary wall or boundary landscaping at least six feet in height. construction/landscaping of said boundary wall/hedge shall be coordinated with the governing association of the adjacent residential property, ~~d the existing buffer hedge shall be remove~ and replaced with sod and landscaping to the specifications approved by the Owners and the governing assooiation;: all to be done at no ooet to the governing r--\ 2 association. Said approval shall be governed by the provisions of Paragraph C.(7) hereinafter set forth; (4) All lighting in parking areas shall be designed and installed so as not to shine directly in to adjacent residential areas. All lighting in parking areas shall be extinguished at 11:00 P.M.; and (5) All utilities shall be installed underground. C. The following developmental limitations shall apply to Alhambra Square South and Alhambra Square ACLF: (1) No building shall exceed two stories in height; (2) The roof pitch shall not be steeper than 4/12; (3) No dumpster shall be located adjacent to residential areas, and the dumpster shall be located at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF parcels; (4) All lighting in area parking shall be designed and installed so as not to shine directly into adjacent residential areas. Parking lot lighting shall be extinguished at 11:00 P.M. Parking lot lighting poles shall be at the minimum height permitted by the City of Boynton Beach; (5) Use of the subject property ~ to an Adult Congregate Living Facility (ACLF); -, shall be limited - ---- (6) A combination of landscaping and wall (the "Wall") at least six feet in height shall be constructed on the south property boundary between the Alhambra Square South and Alhambra Square ACLF parcels and the adjacent single-family residential areas. The plan and design of the Wall shall be coordinated with and approved by the governing associations of the adjacent residential properties, and said approval shall be in accordance with paragraph (7) below. The Wall shall be constructed at no cost to the governing associations; (7) Approval by the governing associations shall not be unreasonably withheld. If a plan and/or specification is 3 submitted for approval, and no written objection to same is delivered within thirty (30) days from the date thereof, it shall be deemed to have been approved. If the proposed plan and/or specification is not approved and the Owners and the governing associations cannot reach agreement, the matter shall be resolved by a majority vote of the City Commission of the city of Boynton Beach: (8) At such time as building plans are presented to the city of Boynton Beach for permit, copies of the Wall plan and site plan shall be submitted to the governing associations: (9) With the exception of landscaping, which the Owners agree to install and maintain, no parking spaces or improvements shall be constructed or installed in the Lake Worth Drainage District right-of-way south of the Alhambra Square South and Alhambra Square ACLF parcels. (10) All utilities shall be installed underground: and (11) Deceleration entry lanes shall be provided at each entrance, if deemed necessary by the city of Boynton Beach. ARTICLE IV USES PERMITTED/PROHIBITED: LIMITATIONS ON USE The permitted uses for the Lands shall be limited to the following: A. Alhambra Square North: Business, professional, medical and governmental offices, including, but not limited to, pharmacies, banks and financial offices. B. Alhambra Square South and Alhambra Square ACLF: Adult congregate living facility. ARTICLE V RESTRICTIONS DEEMED COVENANTS These covenants and restrictions shall be deemed covenants running with the Lands for the benefit of all owners of real property adjacent to the land, and for the benefit of owners of real property in the subject parcels and the city of Boynton Beach. These Covenants and Restrictions shall be binding upon the undersigned Owners and their successors and assigns. 4 ARTICLE VI SUBORDINATION TO DECLARATION BY MORTGAGEElSl. ETC. All mortgages, deeds of trust and other similar encumbrances now or hereafter placed upon the Property shall be subordinate and inferior to this Declaration and its provisions, and any firm, person or corporation owning or taking any interest in the Property by reason of foreclosure, deed in lieu of foreclosure, or otherwise as a result of any such mortgage(s), deed(s) of trust, or other similar encumbrance(s) shall take title subject to the provisions of this Declaration. ARTICLE VII TERM AND AMENDMENTS These covenants and restrictions shall be deemed covenants running with the land, for the benefit of the city and all adjacent property owners, and shall be in perpetuity: EXCEPT THAT they may be amended, changed, modified, in whole or in part, cancelled or terminated (collectively called "Amendment") at any time as to all or any portion of the Property by appropriate written instrument recorded among the Pl',blic Records of Palm Beach County, Florida, which instrument shall be executed by the then owner(s) of the Lands so encumbered by these Covenants and Restrictions and consented to therein in writing by the city of Boynton Beach only after the following: 1. The city shall give to the adjacent property owners thirty (30) days advance written notice of the public hearing on the Amendment. :I. The City shall adopt the Amendment at a public hearing by a majority vote of the city commission. The city Manager of the city of Boynton Beach shall record an affidavit that all adjacent property owners have been duly notified and that the Amendment has been adopted by majority vote of the city commission of the city of Boynton Beach. Said Affidavit shall be dispositive that the aforerecited requirements have been met. The consent of the Property Owners shall not be required with respect to any Amendment. No Amendment shall be effective unless all mortgagees of record consent thereto. 5 ARTICLE VIII BINDING EFFECT This Declaration of Covenants and Restrictions shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, assigns, administrators and personal representatives. ARTICLE IX SIGNATURE COUNTERPARTS This Declaration of Covenants and Restrictions may be executed by signature counterparts, in which case this Declaration of Covenants and Restrictions and signature counterparts shall constitute a single instrument. WITNESSES: OWNERS: AIJIAMBRA SQUARE NORTH MILNOR CORPORATION, a Florida corporation L---.2 n Michael, President By: ALHAMBRA SQUARE SOUTH and ALHAMBRA SQUARE ACLF L~ f)_.~ ~an J. Michael (". 4;/A / j :/J/ Elishka'E. Michael STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) I HEREBY, CERTIFY that on this day, befora me, an officer duly authorized in the State and County aforesaid, to take acknowledgements, personally appeared NORMAN J. MICHAEL, President of Milnor Corporation, a Florida corporation, and NORMAN J. MICHAEL, individually, well known to me to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same in the presence of two subscribing witnesses freely and voluntarily. 6 ". WITNESS my hand alld official seal in the county and State last aforesaid, this ~ day of ~AY , 1990. NO~ My commission expires: NOTARY PUBLIC. STATE OF FlOODA MYCaJMISSlOO EXPIRES DEC. 7.1991 IONIlED 1IfIU NOlAIll' I'UIlI.IC UIIlEIMl'IIlERS STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) ,J ., I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and County aforesaid, to take acknowledgements, personally appeared ELISHKA E. MICHAEL well known to me to be the person described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand J}1d official seal in the County and State last aforesaid, this .., day of mAY , 1990. . My commission expires: NOTARY PUBLIC. STATE Of FLORIDA MYCOtJMISSIOO EXPIRES DEC. 7, 1991 BONllEDllflU NOlAIll' PlJIl.lC UtllER'MlIlERS (B:CONDOOO.ksd) 7 RY PUBLIC EXHIBIT "A" ALHAMBRA S~UARE NORTH . . A parcel of land in Section 32, Township 45, South, Range 43 East, city of Boynton Beach, Florida, Palm Beach County, 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 1/4 of section 32, Township 45 South, Range 43 East, city of Boynton Beach, county of Palm Beach, Florida, less and except lands described in Official Records Book 5402, Page 670. ALHAMBRA SOUAREl SOUTH/AUlAHBRA S~UARE ACLF Golf View Harbour section 3, Tract 4 (less curve area Southwest 13th Street and East 20 feet of South 104.29 feet) as recorded in Plat Book 30, page 119, Public Records of Palm Beach County, Florida. (B:CONDOOO.pg9.ksd) .,r " PLANNING AND ZONING DEPARTMENT I MEMORANDUM NO. 92-210 TO: J. Scott Miller, City Manager ~~ Christopher Cutro, Planning and zoning Director FROM: DATE: october 28, 1992 RE: Alhambra Square South Recently Mark Beatty, who represents Milnor Corporation South, met with staff to discuss a site plan for Alhambra square South. In 1989 an agreement was reached between the developer and the City regarding this parcel that limited its use to 248 Adult congregate Living Facility (ACLF) units. Mr. Beatty's proposal to us was not an ACLF but a hybrid which is being called an Adult Rental Community. Since the use is part of a court stipulated settlement, I discussed this matter with Jim Cherof, the City Attorney. He indicated that he agreed with our analysis that the ACLF and ARC uses were different. He stated that before processing a site plan for the] new use, the City Commission should review the request and, if they wish to change the use, to instruct him to amend the court stipulation. On Tuesday, October 27, 1992 we received a packet of information from Milnor Corporation. Our analysis is as follows: Present Agreement New Proposal Units Height Buffer Wall 248 2-story yes 192 2-story yes Under the new proposal, traffic would almost double from 2 trips per unit to 4 trips per unit. However, road levels of service, even with these additional trips, would remain satisfactory. capacity for water and sewer service is acceptable. Drainage will be handled as part of the site plan review. Parking on site meets city code based on the submitted drawing. We have attached a copy of the deed restrictions as well as the letter from Milnor requesting the change. Site plans illustrating a conceptual development were given to your office earlier this week. This item has been scheduled for City Commission review on November 4, 1992. CC:cp Encs. '. Milnor ~rporotion BUILDERS & LAND DEVELOPERS October 27, 1992 Mr. Christopher City of Boynton P. O. Bo)( 310 Boynton Beach, Cutro, A.I.C.P. Beach Florida 33425 Dear Sir. On October 31, 1989, the Milnor Corporation. Norman J. Michael and Elishka E. Michael had entered into an agreement with the City of Boynton Beach to rezone a parcel of land situated at the South East corner of Congress Avenue and South West 23rd Avenue (Golf Road) wherein we obtained a vested interest in an Adult Congregate Living Facility (ACLF) for 248 apartment dwellings. We now come before you requesting that this agreement be amended to 192 apartment dwellings to an Adult Rental Community (ARC). Our Representative, Mr. Mark S. Beatty. who is a registered Architect and Land Planner. will appear before you on Tuesday evening. November 3, 1992, to present our amended Site Plan for your consideration and approval. Our property lies directly south of the community known as Leisureville which contains 3,300 single and multi-family units. Recent surveys indicate that Adult Care Communities, which include amenities such as common dining rooms, and personal services as barber/beauty salons. library, weekly bank services, convenience store6, etc., have an average monthly cost of $1,400. per person and $1.800. per couple, per apartment. In order to facilitate future needs of the Senior Adult Communities here in Boynton Beach we are proposing certain modifications that would eliminate the common dining rooms, Phone: (407) 547-9407 . Fax: (407) 547-9406 1337 North Dixie Highway, Lake Worth, Florida 33460 Mr. Christopher Cutro October 27, 1992 Page 2 staff and some personal services such as those listed above. We will still provide facilities such as a large swimming pool, club house containing a social activities room, .pxercis~ room, card rooms, billard rooms and a multi-pl.irpose space with a catering kitchen for special occasions. The above mndifications with a reduced amenities package would allow us tn offer a one bedroom unit for $675. per month and a two bedroom unit for $775. per month. O..r apartment units offer complete kitchens. with washers and Mryers. If an apartment renter wishes they may obtain their own meals, maid service, home health care, etc. at their own economic level. Most of the service deleted can be easily obtained within a short distance of the site. Directly across the street on the north east corne," of Congress AvenUE? and Golf Road is a proposed Major Medical Complex with a complete pharmacy available. We hope that you look favorably upon our request to provide an affordable Senior Adult Living Community for Boynton Reach. Thank you in advance. Rest regards, ~;7f~ ,2 g .e- No~j. Michael crC Mayor Arline Weiner Vice Mayor I.ynne Matson Commissioner Jose' Aguila Commissioner Edward Harmening Commissioner Robert Walshak - Mr. James Cherof, City Attorney ~ 1 il I ~ ~ 1/ ~ ~ ~ ~ ~ ~, ~ "' ~\ " ;< \j\ ~ ~ ~ ~I ~ ~ ~ ~ G ., , '\ D (I 3 ~ t ~ J.<( 2"0 ~ .- ~~ -1~ ,q ~ ~ w r:~~ ~ ~2~ ,. r- ___ u ::-'[)~Q~ Z 4IfI. 4. I" _ -. .. 7- ~ ~- '(i ~; ~ l()' [ w ~ ., , "7 t ., ~ '\~. '. " r . JUl-18-1991 02:22pm 91-204193 ORB 6895 P9 1431 DECLARATION OF COVENANTS AND RESTRICTIONS FOR AUlAMBRA SOUARE KNOW ALL MEN BY THESE PRESENTS, that the undersigned Owners of the property described in the attached Exhibit "A" (the "Lands") on this 1 !,-4 day of ~~y 1991, for assigns, hereby declare that the themselves, their successors and Lands described herein are and shall be held, transferred, sold, conve~ed and occupied subject to the covenants, restrictions and limitations hereinatter set torth. ARTICLE X RECITALS Section 1. The undersigned Owners have entered into a Stipulation and Settlement Agreement with the city of Boynton Beach, Florida for an amendment to the future land use element of the City's Comprehensive Plan and/or rezoning of the Lands as follows: FUTURE LAND USE ELEMENT Alhambra Sauare North: Alhambra Sauare South: and Alhambra Sauare ACLF: Office Commercia~ ZONING C-l (office professional) section 2. R-) (multi- family) ACLF with no less than 248 apartments As a condition of said stipulation and Mul ti-Family Residential Settlement Agreement, the undersigned agree to impose 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 permitted pursuant to the provisions of Article VIII hereinafter set forth) the use of the Landn for the benefit of the city of Boynton Beach and for persons of record owning adjacent real property to the Lands (the "property ownere"), and for no other persons, in accordance with the restrictions and limitations set forth herein. The "CJoverninq assooiations, " of adjacent real property are as tollows: Boynton Beach Leisureville community Association, Inc., as to the Alhambra Square North parcel, and Gol!view Harbour 1 L.AW Of"F"ICES ROSERT A. EISEN. A700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103, BOCA RATON. F"LQA'DA 3343. BOCA RATON (4107) 994-2090. WEST P....LM BEACH (407) 738-0388 . BROWARO (305) '160-9088 i ORB 6895 P9 1432 Estates Estates, Homeowners Association, Inc. and GOlfview Harbour ~{ . , . Inc. , as to the Alhambra Square South and Alhambra Square ACLF parcels. ARTICLE II LEGAL DESCRIPTION The lands which are and shall be held, transferred, sold, conveyed and o~CUPied,~~:I~':L~::;,~h~. Dealaration are situate in Palm Beach co~nty, piorl~~wi~~~~~~ity limits of the city ot :".: Boyntbn Beach, and ,ar..-'d..Cl'ibe4 in Exhibit "An attached hereto ;''lI' ,',_, .r,":4it." . ,~".:.,';;" ," .~~. - , ", ',l;" " -..,'. '.' ~' ... ,..,,'1.' -'" '~;"';'t\';"..tl;fjl"..";'1;;fiiJi.'.;:!I).,' . .. '"A,'Il';""."'l1l1:i. and ..d ' a pan .~. ,/'If:i.,,.', " ... .,;. '<if:; .. '. . ;~, ~lt-;";~i:"" ,,'. ,". .,h;, .","';:" .:..- . :i""""'~"'" - ,t',;~",_"''r.i' f;r~'-"-ICLB III " /~~ ' ,.-1".':>:9.;","""'1;" ....... ' .:~~,;" ..., ,J\(1;*~'~""DKritD1lMRN'l'AL L'IMITA'l'YONS .~). . ~{\.:.>~_" '~,., t"~'}l.,,~1~'.':t .' .. A~. ''!'be structure or structures to be built on the Lands shall conform with the following requirements: 1. Alhambra square North: Height: 2 stories 2. Alhambra Square South and Alhambra Square - ACLF Height: ACLF apartments: Multi apartments: 2 stories 248 as per City zoning B. The following developmental limitations shall apply to Alhambra square North: (1) No building shall exceed two stories in height, '-," ~..t':~:1:. ''::?;;'. ~ ;J-. (2) All dumpsters shall be located away from adjacent residential areas; (3) There shall be constructed a six foot zoning boundary wall between Alhambra Square North and adjacent single-family areas. construction/landscaping of said boundary wall/hedge 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 specifications of the governing association, all to be done at no cost to the governing association. said approval shall be governed by the provisions of paragraph C. (7) hereinafter set forth; 2 LAW Qf"F"ICES AOBERT A. E:ISEN . 4700 NORTHWEST BOC.... RATON BOULEVARD, SUITE 103, aOCA RATON, FLORIDA 33431 BOCA RATON (407) 994'~090 . WEST PALM BEACH (407) 738'0386. BAOWARD (305) 760'908& I Ulitl btl'7'::> 1"9 1-4.3.3 ", residential C. limitations shall in height;: than ',; , -~-~l< ',. . " ."',' . .,.'. , . 'i. " . ~ located away.'- fro. . adjacent're.ident II. . ,a ., :" . shall be located at it ~ - ., "v ,'f '. ~ lea.~ 'Bn.,;bund~1' te.t troll the south property line of the , , . .,~.~j . . .;.'~ !{' , ". - . Alhambra Square South and Alhambra Square ACLF parcels: (4) All lighting in area parking shall be designed and installed so as not to shine directly into adjacent . ~ , ~' " .-. ...' ..... . res ident:lal.;"area. , . .', ParJd,1l9 lot lighting shall be extinguished at r ,".li'''''I'''. ,,'W,",'; ',,, ;" ~~,,", ";0."'.". :.L;.';' . . .': :.,...t.....\!,I!~!. ..~ .~ .;~r.';~.," .~"t' 1l:OO~..M..t'park~~ti~\i'~19ht1n9 poles shall..be at the minimum height";~~ltt.d"~1}~!~;ty of Boyr;ton Beach: (5) Use of the subject property shall be limited to an Adult Congregate Living Facility (ACLF), " ~ ., . ."~ (6) A. combination of landscaping and wall (the "Wall") " shall.; be., constructed on the south property. of the ' ". c' ".' -L;, Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing associations of the adjacent residential property, and said approval shall be in accordance with paragraph (7) below. The Wall shall be constructed at no cost to the governing associations, (7) Approval by the governing associations shall not be unreasonably withheld. (8) At such time as building plans are presented to the City of Boynton Beach for permit, copies of the Wall plan and site plan shall be submitted to the governing associations: 3 LAW orrlCES ROBERT.... EISEN. <4700 NORTHWEST BOCA RATON BOULEVARD. SUITE 103, BOCA RATON, F'LORIOA 33431 BOCA RATON (407) OQ....2080 . WEST PALM BE,a.CH ("'07) 738-0388 . BROWARD (30S) 7C50.g088 (9) . '. Owners agree to install improvements shall be constructed or Drainage Distr!ct right-of-way south ot and Alhambra Square ACLF parcels; and (10) Deceleration entry lanes shall be provided at , ;-"l:-:t"J " ',:~ "~'~f;~~,4:; I," each entrance, if deemed necessary by the City of Bo~ton' Beach>">" ARTICLE IV USES PERMITTED/PROHIBITED; LIMITATIONS The Future Land Use Element and Zoning of Alhambra Square North Office Commercial :i~ ...~\~ "i-. . ":' '.. feJ:.. . '" . " i.. ~ C-1 (Oftice' \~Jiti:".~~, ;. Professional)"Jit. ~~ ,. ~ .f~~ Parcels shall be: Parcel Future Land Use Element Zoning ., Alhambra square South MUlti-Family and Alhambra Square ACLF Residential R-J (Multi-Family) ACLF with no le.. than 248 apartments RESTRICTIO~T~~~~ COVENANTS ?"{;.,1MI'.~~;':.'~.'~"7ii',;" . ~<. . . l...;.. ,. "f'/.: .,-' ,-' ,!'f:.r,"':. These covenants and restrictions shall I?e deemed cov.nant.~ running with the Lands for the benefit of all owner. of real property adjacent to the land, and for the benefit of owners of real property in the subject parcels and the City of Boynton Beach. These Covenants and Restrictions shall be binding ", 1-" assi9h!' '<,. r'i.r.Y "~~,~~',.:, ~:},r.~ " ..... upon the undersigned Owners and their successors and WITNESSES: OWNERS: " 4 LAW Of"f"lCE S ROBE RT A. EISEN. .,00 NORTHWEST BOCA RATON BOULEVARD. SUITe 10:1. eOCA RATON. "LOII.DAr. 3~31 saCA RATON (407) li94-2090 . WEST PALM BEACH (407) 738.0388. eRowARD (30.) 780.eo.. --'-1.1 ~T""'-l-J . , . . ,. " ~'~:~~""'M.~....;... ...cI)~. ,.:.~., ffi~ .:"'.'i~'ti,l!' ,'".,' ._",.~,:;".. ,~'~';~~:'" . ~~,rJ:?"~~:{ ~ " . .~~~f" :'. :~:, ~'?)"'.~~"'" . "~', ' .,'"i '1'\. .'.- 't~ ...-j: " , )i\..~',n""" ~~;rt. i.li;.5f;',::~ ,"" ..... ~ .;J;. ~,< ~,." ".. ,. "!.~ > t . . " STATE OF FLORIDA ) . ) ss:' ) " ~..." ' ,./" ~;J.:~~", COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day I before me, an officer duly authorized in the stat..' and"~~i?~n9'. aforesaid, to take acknowledgements, personally.' ap~Fti4~ lfORMAH~' J. MICHAEL, President of Milnor corporatlQn, ':,:"a, ,10rida corporation, and NORMAN J. MICHAEL, individuallY~"~W.ll known to me to be the person described in and who, executed the fore9oin9 instrument, and he acknowledged before .. th~~:beexecutedth. same in the presence of two sUbscribing'! witn.~~.~!.Ji;!I.1Y: and. vol'yntarlly .', . . .'.......~ ':.:..'liI-......-,;: ~o:'';Z.1'.;~'Il.;~; ".... : ,.;.~~~.:~~',tF.r. .... .), : :.." .I.~;../~" II .~.~ ~: v...,....~'..,. ,.........~.,.... .....".,'.. . ., <Yo. ~1.,~,".."". WITNESS my hand rrid' ofiic'la~" eal in the County" aj\Cl..Jlt~'te ,'~:' last aforesaid, this 0. day of. . Ii i~?9"'II"U";~,. l . '."JJ 1\,'/.1 S S "'" ~ . ..:,....)~~:-........ ,f. <:) . ~ L ...., '. ...~ ~', . ~U...." ~ . ", . . ~.y; .'. - . -:.", : 'J.~~ ..:: ,'. -s ,...It: I:/~ : :' :--.i(::, 10-" ,. t.;:).. i f"e it} ~ ::t:.r."t ~ . U :Of ..... ,'. ..~. .::>.'.. '1~ - ,:,\~~';i, ",~.,~,; ~ I .....:.l~ '..1" "...... .) ..' ". -, .. ~ ,:j: L..... . ........ ,'r s.... .~l [ ~ .~< 3' () ~' ~~" ,.$., i:J.' .. ." ",. Illll\\::Ir-\\' :;''',.t'r:J . t... My commission expires: IUITARY PU8L1C STAlE A MY CQMKISSION EXP. OCT. 7.1994 8OftDEO THRU GENERAL INS. UNO. COUNTY OF PALM BEACH ) )ss: ) STATE OF FLORIDA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid, to take acknowledgements, personally appeared ELISHKA E. MICHAEL well known to me to be the person described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same in the presence of two SUbscribing witnesses freely and voluntarily. My commission expires: ~;rMl,fC STAlE OF flORIDA . H91llH txP. OCT. 7.1994 tll~u (Itl<<RA~ INS. UNO. , official seal in the County and state day of .J"\ ll.A-1 , 1991- \ ';\)rJ~" ,,~ L. ~,4i(!~p NOTARY PUBLIC J. ,~ ".~".\ \ ", .(/,.f:.....,; ..: "~II." ,. '. i'-'''. ' . ,~,,'I." Ii. i 0'0'" ~. ~ '. .~'.I '.'f;; .... 0" ..-, 1.1', ;i~!if!rI_ ,.~ .-1.. ~ ,. 'l'l..,":i ~ . ~.... I~' :.;'.... 0 "'#'.' , ... " I ~'. . \~, 1\ .., _" I. , .. ~ '.\ (I~~....'" tl --J. :/~... l . .,. n. ...._ ..' ".! I, .'. ....., "'" .. '..- ,. ~ ~ .,:- .... ....J ......... ~v..." ';., (I '. ....\\. ....... '.. ......~,1 .,,'t ,.... .', eo.-r;. .", .... l'fl'IIftl.,I,.:,"" WITNESS my hand and last aforesaid, this ~~ . " ~ .~; i:~'.:.l.'~';, " '~~l~" .,.:>>1." ;,.....~If....,. '... .,..,....... 0" f' ;'~~tr;,',:. ;~'" i; 'h:1: .l..i(...."J ." . ~r.~" ;, .' ;.... . ..~, DICONDOOO.:lh .'J'.... ~c' 5 LAW OF"F"ICES ROBERT A. EISEN . ~700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103, BOCA RATON, F'LORIDA'33<431 aOCA RATON (~07) 99~.Z090 . WEST PALM BEACH (~07) 738'0388 . BROWARO (30S) 7eO.g088 ORB 6895 P9 1436 . Jl 1- . . .' EXHIBIT RAR., " AIHAMBRA SOUARE NORTH A parcel of land in section 32, Township 45, South, Range 43 East, city of- Boynton Beach, Florida, Palm Beach County, more particularly described as follows: The East 460 feet of the West 510 feet of the North 380 feet of the South 420 f.et.. of the Northwe.t.~;.1/4;Jof Section 32, Township 45 South,. Range 43'f Ba~t,. City of'~tOii': Beach, county of Palm Beach, Florida, le..": and except land. described in Official Records Book 5402,paij_ 670. ~ ~.:~;;..."l~:.'" -. '. '" J.":~"" . ~.: , . 'f . -." ':t;l,,"'" fe'" ew~ r' ur 3rd Section, city of Boynton Beach, Florida,'.. r.sirig' to plat thereof recorded in Plat Book 30, pages 119 and'i20, Public Records of Palm Beach County, Florida. .....h;;i.. Less and not including: Commence at the Southeast corner of Tract 4, as shown on the plat entitled Golf View Harbour 3rd section, city of Boynton Beach, Florida, according to the plat thereof recorded in Plat Book 30 on Bage 119, Public Records of Palm Beach County, Florida; thence N.2 21'36"W., along the east line of said Tract 4, a distance of 104.29 feet to the Point Beginning of the right of way to be herein described; thence continue Northerly, along the same course, a distance of 92.69 feet to a point of tangency of 8 curve concave to the Northwest having a central angle of 88 15'44" and a radius of 15 feet; thence Southerly and Westerly along the arc of said curve, a distance of 23 ;,11 feet to a point of reverse curvature; thence Westerly, Southerly and Easterly, along the arc of a curve concave to the East having a central angle of 197043'52" and a radius of 40 feet, a distance of 138.04 feet to the Point of Beginning aforedescribed. And less and not including: A parcel of land lying in Tract 4 of the Plat of Golf View Harbour 3rd Section, city of Delray Beach, Palm Beach county, Florida, as said plat is recorded in Plat Book 30 at pages 119 and 120 of the Public Records of Palm Beach County, Florida, said parcel being more particularly described as follows: Begin at the Southeast corner of said Tract 4; thence N.20 2l'36"W., on a plat bearing, along the East line of said Tract 4, a distance of 104.29 feet to an intersection with a curve concave to the North, said curve being a cul-de-sac as recorded in Official Record Book 2584, at pages 479 and 480 of the Public Records of Palm Beach cou~ty, Florida, a radial line from said intersection bearing N.21 49'44"W.; thence westerly along the right of way of said cul-de-sac and along said curve, having a radius of 40.00 feet, a central angle of 29 03'12", and an arc length of 20.28 feet to an intersection with a line being 20.00 feet West of, as measured at right angles, and parallel with the sa14 EaRt. l1ne >,ot Tract 4; thence S.2021'36"E., along ga14 parallel"line.,";-.,.dietance of 102.56 teet to an inter.ection with the South 11ne of aald Tract 4, thence N.87038'24"B., along said South I1ne, a distance of 20.00 teet to the said Southeast corner ot Tract 4 and the Point ot Beginning. ',' , 0: condoOO. jh 6 RECORD VERIFIED PALM BEACH COUNTY, t'lA. JOHN B, NINKLE CLERK CIRCUIT COURT LAW ornCES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD. SUITE 103, BOCA RATON, f"LORIOA' 33431 BOCA RATON (.q07) 99.q.2090 . WEST PALM BEACH (.q07) 738-0388. BROWARD (305) 760-9088 RECEIVED WIt MIS l.98I) PLANNING DEPl:!. I .' "- 1 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO: CL 89-6178-AN MILNOR CORPORATION, a Florida corporation; NORMAN J. MICHAEL and ELISHKA E. MICHAEL, his wife, Plaintiff, vs. THE CITY OF BOYNTON BEACH, a Florida Municipal corporation, Defendant. / STIPULATION AND SETTLEMENT AGREEMENT MILNOR CORPORATION, a Florida corporation ("MILNOR"), NORMAN J. MICHAEL and ELISHKA E. MICHAEL, his wife ("MICHAEL"); and the CITY OF BOYNTON BEACH, a Florida Municipal corporation ("BOYNTON BEACH"), by and through their undersigned attorneys hereby stipulate and agree as follows: 1. MILNOR owns that certain parcel of real property located within the municipal limits of BOYNTON BEACH and being a site of approximately 4.01 acres situated at the northeast intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue), which real property is more particularly described in the Exhibit "A" attached hereto and made a part hereof, and which real property shall hereinafter be referred to as "Alhambra square North." 2. MICHAEL owns that certain parcel of real property located within the municipal limits of BOYNTON BEACH and being a site of approximately 9.45 acres situated at the southeast intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue). This real property shall be referred to as two parcels, the first parcel being an approximate 4.45 acre parcel situated closest to the intersection of Congress Avenue and Golf Road I (Southwest 23rd Avenue), and more particularly described in the 1 Exhibit "B" attached hereto and made a part hereof, and which real property shall hereinafter be referred to as "Alhambra 5.0 acres, and being immediately adjacent to square South." The second and east of Alhambra Squar consisting of approximately y described in the Exhibit "c" attached hereto and made a part hereof, and which real property shall hereinafter be referred to as the "Alhambra Square ACLF." 3 . The Alhambra Square North, Alhambra Square South, and the Alhambra Square ACLF parcels of real property shall hereinafter be sometimes collectively referred to as the "Alhambra Parcels." 4. The Alhambra Parcels are presently subject to the following Comprehensive Plan and zoning designations by BOYNTON BEACH: Future Land Parcels Use Element Zoninq Alhambra Square North Moderate density R-1AA(PUD) residential Alhambra Square South Low density R-1AA (single residential family residential) Alhambra Square ACLF Low density R-1AA (single residential family residential) 5. On or about September 30, 1988, MILNOR for the Alhambra North and MICHAEL for the Alhambra South and Alhambra ACLF parcels submitted applications (the "Applications") to BOYNTON BEACH for amendments to the future land use element of the Comprehensive Plan, and for rezoning of the Alhambra Parcels, as follows: Future Land Intended Parcels Element Request Rezoninq Reauest Use Alhambra Square Office commercial C-1 (Office Office/ North Professional) Medical Alhambra Square Office Commercial C-1 (Office Office/ South Professional) Medical/ Banking Alhambra Square MUlti-family R-3 (Multi- Adult ACLF residential family) Congregate Living Facility 2 , 6. The Applications were considered by the Planning and zoning Board of BOYNTON BEACH at a duly constituted and duly noticed public hearing on December 15, 1988, at which time the Planning and Zoning Board recommended denial of the Applications to the City commission. 7. On January 4, 1989, at a duly constituted and a duly noticed Special Meeting of the City commission of BOYNTON BEACH, the City commission of BOYNTON BEACH heard and considered the Applications and by motion declined to submit the Applications for review by the State of Florida Department of Community Affairs and the Treasure Coast Regional Planning Agency. 8. On or about June 20, 1989, MILNOR and MICHAEL filed the instant action seeking to invalidate the current Comprehensive Plan designations and zoning classifications of the Alhambra Parcels, seeking to require BOYNTON BEACH to grant the Applications and seeking damages. 9. On September 14, 1989, Robert A. Eisen, Esquire, attorney for MILNOR and MICHAEL, delivered to Raymond Rea, Esquire, city Attorney for BOYNTON BEACH, a letter offering a settlement of the instant action wherein BOYNTON BEACH would grant the Comprehensive Plan designations and zoning classifications requested in the Applications and MICHAEL and MILNOR would release BOYNTON BEACH from any and all claims for damage. At its regular meeting of September 19, 1989, the City commission considered the request for settlement, and by a vote, three votes in favor, two opposed, directed the City Attorney, Raymond Rea, to negotiate the terms of a Stipulation and Settlement Agreement with the representatives of MILNOR and MICHAEL and present that Stipulation and Settlement Agreement for approval by the city commission at its meeting of October 3, 1989. The city Attorney was further directed to give public notice of the consideration of the Stipulation and Settlement Agreement and that the consideration of the Stipulation and Settlement Agreement should be a public hearing so that input I from the public could be taken and considered by the city 3 Commission. On October 3, 1989, the city Commission heard and considered public input and postponed consideration of this stipulation and Settlement Agreement until its regular meeting of October 17, 1989. since that time, MILNOR and MICHAEL have modified their requested land use changes to those set forth in paragraph 11, below. 10. On October 17, 1989, at its regular city commission meeting, the city Commission of BOYNTON BEACH considered the terms and conditions of this stipulation and Settlement Agreement, the further input from MILNOR and MICHAEL, the further public input, and by a motion duly made, the city Commission, by a vote of four in favor, none opposed (Council-person Arline weiner absent), approved the terms and conditions of this stipulation and Settlement Agreement and authorized and directed the city Attorney to execute this stipulation and Settlement Agreement. 11. The Future Land Use Element and Zoning of the Alhambra Parcels shall be: Parcel Future Land Use Element Zoninq Alhambra square North Office commercial C-l (Office Professional) Alhambra square South and Alhambra square ACLF Multi-Family Residential R-3 (Multi-Family) ACLF with no less than 248 units In connection with the development of the Alhambra Parcels, and as an inducement to BOYNTON BEACH to enter into this stipulation and Settlement Agreement, MILNOR and MICHAEL agree to the following developmental limitations, which developmental limitations shall apply regardless of ownership of the Alhambra Parcels: a. Alhambra Square North: (1) Building Height not to exceed two stories; (2) All dumpsters to be located away from adjacent . residential areas; (3) Construction of the six-foot zoning boundary I wall shall be coordinated with the governing association of the 4 adjacent residential property and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of the governing association and at no cost to the governing association; (4) Parking lot lighting shall be shaded so as not to shine directly into residential areas, and parking lot lighting shall not be illuminated after 11:00 P.M.; b. Alhambra Sauare South and Alhambra Sauare ACLF: (1) Building Height not to exceed two stories; (2) Roof pitch not to be steeper than 4/12; (3) All dumpsters to be located away from adjacent residential areas, and at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF Parcels; (4) Parking lot lighting shall be shaded and shielded so as not to shine directly into adjacent residential areas; parking lot lighting shall not be illuminated after 11:00 P.M.; parking lot lighting poles shall be at the minimum height permitted or allowable by BOYNTON BEACH; (5) Use of the, property shall be limited to an Adult congregate Living Facility; (6) A combination of landscaping and wall (the "Wall") shall be constructed on the south property of the Alhambra Square South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing associations of the adjacent residential property. Approval of the Wall shall not be unreasonably withheld by the governing associations. The Wall shall be constructed at no cost or expense to the governing associations; (7) At such time as building plans are presented to BOYNTON BEACH for permit, copies of the Wall plan and site plan shall be submitted to the governing associations; (8) No parking spaces or improvements except landscaping shall be constructed or installed in the Lake Worth 1 5 Drainage District right-of-way south of the Alhambra Square South and Alhambra Square ACLF Parcels; and (9) Deceleration entry lanes shall be provided at each entrance if deemed necessary by BOYNTON BEACH. The foregoing developmental limitations shall be set forth in a Declaration of Covenants and Restrictions (the "Declaration"), which shall provide that they cannot be modified without the consent of BOYNTON BEACH, and the Declaration shall be recorded among the public records of Palm Beach County, Florida, shall run with the land, and shall be binding upon the successors and assigns of MILNOR and MICHAEL. The Declaration shall be prepared and distributed to the governing associations by November 1, 1989. A recordable Declaration signed by MILNOR and MICHAEL shall be delivered to the City Attorney prior to the first pUblic hearing on the rezoning and ComprehensiYe Plan amendments described in paragraphs 12 and 13, below. The Declaration shall be recorded by the city Attorney where all actions necessary to effectuate this Stipulation and Settlement Agreement have been duly enacted by BOYNTON BEACH. The Declaration is for the benefit of the following governing associations of the adjacent residential areas: (a) Boynton Leisurevi11e Community Association, Inc. as to the Alhambra North Parcel; and (b) Go1fview Harbour and Golfview Harbour Estates as to the' Alhambra South and Alhambra ACLF Parcels. 12. BOYNTON BEACH agrees to supplement or amend its ComprehensiYe Plan by December 31, 1989, to permit use and development of the Alhambra Square Parcels as set forth in paragraph 11, above, subject only to the limitations set forth in this Settlement and stipulation Agreement and other usual and customary site related conditions of development. 13. BOYNTON BEACH agrees, within thirty days of the date of this stipulation, to rezone the Alhambra square Parcels to permit the development set forth in paragraph 11, above, subject only to l completion of all procedural requirements under Florida Statutes, 6 Sec. 163,3184, the limitations set forth in this Stipulation and Settlement Agreement, and other usual and customary site related conditions of development of general application in BOYNTON BEACH. 14. To the extent that ordinances or resolutions are required to implement any of the terms of this Stipulation and Settlement Agreement, BOYNTON BEACH agrees to prepare and adopt any and all such ordinances and resolutions necessary to implement the terms of this stipulation and Settlement Agreement. 15. Simultaneous with the execution of this Settlement Stipulation, MILNOR and MICHAEL shall deliver to BOYNTON BEACH a full and complete release on behalf of itself, its officers, directors, shareholders, employees, agents, and representatives as to any and all actions, suits, damages, claims, which it or they may have against BOYNTON BEACH or any of its officials, employees, consultants, agents, elected officials, or appointed officials in connection with or related to any action or inaction regarding the Applications and the Alhambra Parcels. The general releases shall be held in escrow by City Attorney, Raymond Rea, until all actions necessary to effectuate this stipulation and Settlement Agreement haye been duly enacted and then shall be delivered to BOYNTON BEACH. 16. MILNOR and MICHAEL shall further agree to defend BOYNTON BEACH at MILNOR and MICHAEL's expense, any suit or administrative act:ion pursuant to Chapter 163, Florida Statutes, initiated by third parties arising out of any actions taken by BOYNTON BEACH under the terms of this Agreement. 17. MILNOR and MICHAEL agree that BOYNTON BEACH's obligations under this Stipulation and Settlement Agreement shall at all times be subject to Department of Community Affairs' approval. MILNOR and MICHAEL further acknowledge that BOYNTON BEACH shall not be responsible for any other Governmental . Agency's action related to the development of the Alhambra Square Parcels. l 7 18. The parties shall forthwith inform the Court that a settlement has been reached and all proceedings in the suit shall be abated until the terms of this Stipulation and Settlement Agreement are fully and completely effectuated. At such time, the parties shall jointly seek an Order from the Court confirming and ratifying this Stipulation and Settlement Agreement. The Court shall at all times have and retain jurisdiction over this cause and the parties to ensure that the terms and conditions herein are adhered to by the parties. RAYMOND ~EA, ESQ. City Attorney for the CITY OF BOYNTON BEACH, a Florida municipal corp. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33481 (407) 738-7405 Florida Bar No. 348880 LAW OFFICES OF ROBERT A. EISEN Attorneys for Plaintiff(s) 4700 Northwest Boca Raton Blvd. Suite 103 Boca Raton, Florida 33431 (407) 994-2090 Florida Bar No. 180136 BY: s::> ~ ~__ BY: ~D REA, ESQ. \ ~~ L\ \~~ '_ ROBERT A. EISEN, ESQUIRE DATED: ~ 31)\q~ DATED: C' \ l 'I <I )(. (v.r /C \O\\~ 1-_,':::;"-) (, I pldg 06/pldg l/RN 8 DECLARATION OF COVENANTS AND RESTRICTIONS FOR AIJIAMBRA SOUARE KNOW ALL MEN BY THESE PRESENTS, that the undersigned Owners of the property described in the attached Exhibit "A" (the "LandS") on this g-rl./ day of 111.4'/ 1990, for themselves, their successors and assigns, hereby declare that the Lands described herein are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and limitations hereinafter set forth. ARTICLE I RECITAIS Section 1. The undersigned Owners have entered into a stipulation and Settlement Agreement with the city of Boynton Beach, Florida for an amendment to the future land use element of the City's comprehensive Plan and/or rezoning of the Lands as follows: FUTURE LAND USE ELEMENT ZONING Alhambra Sauare North: Office COMmercial C-1 (office professional) Alhambra Sauare South: and Alhambra Sauare ACLF: MUlti-Family Residential R-3 (multi- family) ACLF with no less than 248 units Section 2. As a condition of said Stipulation and Settlement Agreement, the undersigned agree to impose 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 permitted pursuant to the provisions of Article VIII hereinafter set forth) the use of the Lands for the benefit of the City of Boynton Beach and for persons of record owning adjacent real property to the Lands (the "Property Owners"), and for no other persons, in accordance with the restrictions and limitations set forth herein. The "governing associations," of adjacent real property are as follows: Boynton Beach Leisureville Community Association, Inc., adjacent to the Alhambra Square North parcel, and Golfview 1 Harbour Homeowners Association and Golfview Harbour Estates, Inc., adjacent to the Alhambra Square South and Alhambra Square ACLF parcels. ARTICLE II LEGAL DESCRIPTION The lands which are and shall be held, transferred, sold, conveyed and occupied subject to this Declaration are situate in Palm Beach County, Florida, within the city limits of the City of Boynton Beach and are described in Exhibit "A" attached hereto and made a part hereof. ARTICLE III DEVELOPMENTAL LIMITATIONS A. The structure or structures to be built on the Lands shall conform with the following requirements: 1. Alhambra Square North: Height: Building Set Building Set 2 stories Back from east property line: Back from north property line: 100' 100' 2. Alhambra Square South and Alhambra Square - ACLF Height: ACLF Units/Beds: Multi family units: 2 stories 248 as allowed by City zoning B. The following developmental limitations shall apply to Alhambra Square North: (1) No building shall exceed two stories in height; (2) No dumpster shall be located directly adjacent to single family residential areas; (3) All property lines between Alhambra Square North and adjacent single-family areas shall be delineated with a boundary wall or boundary landscaping at least six feet in height. Construction/landscaping of said boundary wall/hedge 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 specifications approved by the Owners and the governing association, all to be done at no cost to the governing 2 association. Said approval shall be governed by the provisions of Paragraph C.(7) hereinafter set forth; (4) All lighting in parking areas shall be designed and installed so as not to shine directly in to adjacent residential areas. All lighting in parking areas shall be extinguished at 11:00 P.M.; and (5) All utilities shall be installed underground. C. The following developmental limitations shall apply to Alhambra Square South and Alhambra Square ACLF: (1) No building shall exceed two stories in height; (2) The roof pitch shall not be steeper than 4/12 ; (3) No dumpster shall be located adjacent to residential areas, and the dumpster shall be located at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF parcels; (4) All lighting in area parking shall be designed and installed so as not to shine directly into adjacent residential areas. Parking lot lighting shall be extinguished at 11:00 P.M. Parking lot lighting poles shall be at the minimum height permitted by the City of Boynton Beach; (5) Use of the subject property shall be limited to an Adult Congregate Living Facility (ACLF); (6) A combination of landscaping and wall (the "Wall") at least six feet in height shall be constructed on the south property boundary between the Alhambra Square South and Alhambra Square ACLF parcels and the adjacent single-family residential areas. The plan and design of the Wall shall be coordinated with and approved by the governing associations of the adjacent residential properties, and said approval shall be in accordance with paragraph (7) below. The Wall shall be constructed at no cost to the governing associations; (7) Approval by the governing associations shall not be unreasonably withheld. If a plan and/or specification is 3 submitted for approval, and no written objection to same is delivered within thirty (30) days from the date thereof, it shall be deemed to have been approved. If the proposed plan and/or specification is not approved and the Owners and the governing associations cannot reach agreement, the matter shall be resolved by a majority vote of the City Commission of the city of Boynton Beach; (8) At such time as building plans are presented to the city of Boynton Beach for permit, copies of the Wall plan and site plan shall be submitted to the governing associations; (9) With the exception of landscaping, which the Owners agree to install and maintain, no parking spaces or improvements shall be constructed or installed in the Lake Worth Drainage District right-of-way south of the Alhambra Square South and Alhambra Square ACLF parcels. (10) All utilities shall be installed underground; and (11) Deceleration entry lanes shall be provided at each entrance, if deemed necessary by the City of Boynton Beach. ARTICLE IV USES PERMITTED/PROHIBITED: LIMITATIONS ON USE The permitted uses for the Lands shall be limited to the following: A. Alhambra Square North: Business, professional, medical and governmental offices, including, but not limited to, pharmacies, banks and financial offices. B. Alhambra Square South and Alhambra Square ACLF: Adult congregate living facility. ARTICLE V RESTRICTIONS DEEMED COVENANTS These covenants and restrictions shall be deemed covenants running with the Lands for the benefit of all owners of real property adjacent to the land, and for the benefit of owners of real property in the subject parcels and the City of Boynton Beach. These Covenants and Restrictions shall be binding upon the undersigned Owners and their successors and assigns. 4 ARTICLE VI SUBORDINATION TO DECLARATION BY MORTGAGEEfS). ETC. All mortgages, deeds of trust and other similar encumbrances now or hereafter placed upon the Property shall be subordinate and inferior to this Declaration and its proyisions, and any firm, person or corporation owning or taking any interest in the Property by reason of foreclosure, deed in lieu of foreclosure, or otherwise as a result of any such mortgage(s), deed(s) of trust, or other similar encumbrance(s) shall take title subject to the provisions of this Declaration. ARTICLE VII TERM AND AMENDMENTS These covenants and restrictions shall be deemed coyenants running with the land, for the benefit of the city and all adjacent property owners, and shall be in perpetuity; EXCEPT THAT they may be amended, changed, modified, in whole or in part, cancelled or terminated (collectively called "Amendment") at any time as to all or any portion of the Property by appropriate written instrument recorded among the Public Records of Palm Beach County, Florida, which instrument shall be executed by the then owner(s) of the Lands so encumbered by these Covenants and Restrictions and consented to therein in writing by the City of Boynton Beach only after the following: 1. The City shall give to the adjacent property owners thirty (30) days advance written notice of the public hearing on the Amendment. 2. The city shall adopt the Amendment at a public hearing by a majority vote of the City Commission. The city Manager of the city of Boynton Beach shall record an affidavit that all adjacent property owners have been duly notified and that the Amendment has been adopted by majority yote of the City commission of the City of Boynton Beach. said Affidavit shall be dispositive that the aforerecited requirements have been met. The consent of the Property Owners shall not be required with respect to any Amendment. No Amendment shall be effective unless all mortgagees of record consent thereto. 5 ARTICLE VIII BINDING EFFECT This Declaration of Coyenants and Restrictions shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, assigns, administrators and personal representatives. ARTICLE IX SIGNATURE COUNTERPARTS This Declaration of Coyenants and Restrictions may be executed by signature counterparts, in which case this Declaration of Covenants and Restrictions and signature counterparts shall constitute a single instrument. WITNESSES: OWNERS: ALHAMBRA SQUARE NORTH MILNOR CORPORATION, a Florida corporation 2~ "'~ L---' ,. By: n Michael, President ALHAMBRA SQUARE SOUTH and ALHAMBRA SQUARE ACLF L~ J)_~ ~~n J. Michael a ;1 'J17 d:$,zJ;%d/ Elishka E. Michael STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid, to take acknowledgements, personally appeared NORMAN J. MICHAEL, President of Milnor Corporation, a Florida corporation, and NORMAN J. MICHAEL, individually, well known to me to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same in the presence of two SUbscribing witnesses freely and voluntarily. 6 WITNESS my hand al}d last aforesaid, this ~ official seal in the County day of ""IN NO~ and state 1990. - My commission expires: NOTARY PUBLIC, STATE cr: FlORIDA MYCCNMISSIOO EXPIRES DEC. 7,1991 BONOED TIfiJ NOTARY I'Ull.1C UNOERWI'IITERS STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and County aforesaid, to take acknowledgements, personally appeared ELISHKA E. MICHAEL well known to me to be the person described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same in the presence of two subscribing witnesses freely and yoluntarily. WITNESS my hand /lId official seal in last aforesaid, this '" day of mAY . the County and State 1990. My commission expires: NOTARY PUBLIC, STATE OF FLORIDA MYCCNMISSlOOEXPIRESDEC.7,1991 80N0EDTIfiJ NOTARY I'IJIlUC UNOER'Ml1TERS (B:CONDOOO.ksd) 7 EXHIBIT "A" ALHAMBRA SOUARE NORTH A parcel of land in section 32, Township 45, South, Range 43 East, City of Boynton Beach, Florida, Palm Beach County, 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 1/4 of section 32, Township 45 South, Range 43 East, City of Boynton Beach, County of Palm Beach, Florida, less and except lands described in Official Records Book 5402, Page 670. ALHAMBRA SOUARE SOUTH/ALHAMBRA SOUARE ACLF Golf View Harbour section 3, Tract 4 (less curve area Southwest 13th Street and East 20 feet of South 104.29 feet) as recorded in Plat Book 30, Page 119, Public Records of Palm Beach County, Florida. (B:CONDOOO.pg9.ksd) DECLARATION OF COVENANTS AND RESTRICrIONS FOR ALHAMBRA S~UARE KNOW ALL MEN BY THESE PRESENTS, that the undersigned Owners of the property described in the attached Exhibit "A" (the "Lands") on this day of 1990, for themselves, their successors and assigns, hereby declare that the Lands described herein are and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions and limitations hereinafter set forth. ARTICLE I RECITAIS Section 1. The undersigned Owners have entered into a stipulation and Settlement Agreement with the City of Boynton Beach, Florida for an amendment to the future land use element of the City's comprehensive Plan and/or rezoning of the Lands as follows: FUTURE LAND USE ELEMENT ZONING Alhambra Square North: Office Commercial C-l (office professional) Alhambra Square South: and Alhambra Square ACLF: MUlti-Family Residential R-3 (multi- family) ACLF with no less than 248 units Section 2. As a condition of said stipulation and Settlement Agreement, the undersigned agree to impose 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 permitted pursuant to the provisions of Article VIII hereinafter set forth) the use of the Lands for the benefit of the City of Boynton Beach and for persons of record owning adjacent real property to the Lands (the "Property Owners"), and for no other persons, in accordance with the restrictions and limitations set forth herein. The "governing associations," of adjacent real property are as ,. ~ ff I;; . follows: Boynton Beach Leisureville Community Association, Inc., . adjacent to the Alhambra Square North parcel, and Golfview 1 ~ I I LAW OF'"F""ICE5 ROBERT A, EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103, BOCA RATON, F"LORIOA 33..::131 BOCA RATON (407) 994-2090. WEST PALM ee:ACH (407) 738-0388. 8ROWARD (305) 760-9088 / Harbour Estates Homeowners Association, Inc. and Golfview Harbour Estates, Inc., adjacent to the Alhambra Square South and Alhambra Square ACLF parcels. ARTICLE II LEGAL DESCRIPTION The lands which are and shall be held, transferred, sold, conveyed and occupied subject to this Declaration are situate in Palm Beach County, Florida, within the city limits of the city of Boynton Beach and are described in Exhibit "A" attached hereto and made a part hereof. ARTICLE III DEVELOPMENTAL LIMITATIONS A. The structure or structures to be built on the Lands shall conform with the following requirements: 1. Alhambra Square North: Height: Building Set Building Set 2 st-ories Back from east property line: Back from north property line: 100' 100' 2. Alhambra Square South and Alhambra Square - ACLF Height: ACLF Units/Beds: Multi family units: 2 stories 248 as allowed by City zoning B. The following developmental limitations shall apply to Alhambra Square North: (1) No building shall exceed two stories in height; (2) All dumpsters shall be located away from adjacent residential areas; (3) All property lines between Alhambra Square North and adjacent single-family areas shall be delineated with a boundary wall or boundary landscaping at least six feet in height. Construction/landscaping of said boundary wall/hedge 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 specifications of the governing association, all to be done at no \ cost to the governing association. Said approval shall be governed by the provisions of Paragraph C. (7) hereinafter set ~ '. f r: ~' , forth; . 2 LAW QFF"ICES ROBERT A. EISEN . ~700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, FLORIDA 33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0.386 . BROWARO (30S) 760-908e I . , (4) All lighting in parking areas shall be designed and installed so as not to shine directly in to adjacent residential areas. All lighting in parking areas shall be extinguished at 11:00 P.M.; and C. The following developmental limitations shall apply to Alhambra Square South and Alhambra Square ACLF: (1) No building shall exceed two stories in height; (2) The roof pitch shall not be steeper than 4/12 ; (3) All dumpsters shall be located away from adjacent residential areas, and the dumpsters shall be located at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Square ACLF parcels; ( 4) All lighting in area parking shall be designed and installed so as not to shine directly into adjacent residential areas. Parking lot lighting shall be extinguished at 11:00 P.M. Parking lot lighting poles shall be at the minimum height permitted by the City of Boynton Beach; (5) Use of the subject property shall be limited to an Adult Congregate Living Facility (ACLF); (6) A combination of landscaping and wall (the "Wall") shall be constructed on the south property boundary between the Alhambra Square South and Alhambra Square ACLF parcels and the adjacent single-family residential areas. The plan and design of the Wall shall be coordinated with and approved by the governing associations of the adjacent residential properties, and said approval shall be in accordance with paragraph (7) below. The Wall shall be constructed at no cost to the governing associations; (7) Approval by the governing associations shall not be unreasonably withheld. If the proposed plan and/or specification is not approved, and the Owners and the governing associations cannot reach agreement, the matter shall be resolved 3 LAW OF"F'"ICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, F'"LORIOA 33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738.0388. BROWARD (30S) 760-90B8 by a majority vote of the city Commission of the City of Boynton Beach; (8) At such time as building plans are presented to the City of Boynton Beach for permit, copies of the Wall plan and site plan shall be submitted to the governing associations; (9) with the exception of landscaping, which the Owners agree to install and maintain, no parking spaces or improvements shall be constructed or installed in the Lake Worth Drainage District right-of-way south of the Alhambra Square South and Alhambra Square ACLF parcels; and (10) Deceleration entry lanes shall be provided at each entrance, if deemed necessary by the city of Boynton Beach. ARTICLE IV USES PERMITTED/PROHIBITED; LIMITATIONS ON USE The Future Land Use Element and Zoning of the Alhambra Parcels shall be: Parcel Future Land Use Element Zoninq Alhambra Square North Office Commercial C-l (Office Professional) Alhambra Square South Multi-Family and Alhambra Square ACLF Residential R-3 (Multi-Family) ACLF with no less than 248 units ARTICLE V RESTRICTIONS DEEMED COVENANTS These covenants and restrictions shall be deemed covenants running with the Lands for the benefit of all owners of real property adjacent to the land, and for the benefit of owners of real property in the subj ect parcels and the City of Boynton Beach. These Covenants and Restrictions shall be binding upon the undersigned Owners and their successors and assigns. ARTICLE VI SUBORDINATION TO DECLARATION BY MORTGAGEECS1. ETC. All mortgages, deeds of trust and other similar encumbrances now or hereafter placed upon the Property shall be subordinate and inferior to this Declaration and its provisions, and any firm, person or corporation owning or taking any interest in the Property by reason of foreclosure, deed in lieu of' foreclosure, or otherwise as a result of any such mortgage(s), . deed(s) of 4 LAW OF"rlCES ROBERT A. EISEN. 4700 NORTHWE.ST BOCA RATON BOULEVARD, SUITE '03. BOCA RATON, F"LORIDA .33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407)738-0388. 8ROWARD (305)760-9088 trust, or other similar encumbrancers) shall take title subject to the provisions of this Declaration. ARTICLE VII TERM AND AMENDMENTS These covenants and restrictions shall be deemed covenants running with the land, for the benefit of the City and all adjacent property owners, and shall be in perpetuity. ARTICLE VIII BINDING EFFECT This Declaration of Covenants and Restrictions shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, assigns, administrators and personal representatives. ARTICLE IX SIGNATURE COUNTERPARTS This Declaration of Covenants and Restrictions may be executed by signature counterparts, in which case this Declaration of Covenants and Restrictions and signature counterparts shall constitute a single instrument. WITNESSES: OWNERS: ALHAMBRA SQUARE NORTH MILNOR CORPORATION, a Florida corporation By: Norman Michael, President ALHAMBRA SQUARE SOUTH and ALHAMBRA SQUARE ACLF Norman J. Michael Elishka E. MiChael 5 LAW OFnCES ROBERT A. EISEN. 4700 NORTHWEST eOCA RATON BOULEVARD, SUITE 103, BOCA RATON, FLORIDA 33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-038e . BROWARO (30S) 760-9088 STATE OF FLORIDA ) )ss: ) COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid, to take acknowledgements, personally appeared NORMAN J. MICHAEL, President of Milnor Corporation, a Florida corporation, and NORMAN J. MICHAEL, individually, well known to me to be the person described in and who executed the foregoing instrument, and he acknowledged before me that he executed the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal in the county and State last aforesaid, this day of , 1990. NOTARY PUBLIC My commission expires: STATE OF FLORIDA ) ) ss: ) COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and County aforesaid, to take acknowledgements, personally appeared ELISHKA E. MICHAEL well known to me to be the person described in and who executed the foregoing instrument, and she acknowledged before me that she executed the same in the presence of two subscribing witnesses freely and voluntarily. WITNESS my hand and official seal in the County and state last aforesaid, this day of 1990. NOTARY PUBLIC My commission expires: (B:CONDOOO.ksd) 6 LAW OFFICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103, BOCA RATON, FLORIDA 3343. BOCA RATON (407) 994-2090. WEST ~ALM BEACH (407) 738-0388.. BROWARO (30S} 760-9088 EXHIBIT "A" ALHAMBRA SOUARE NORTH A parcel of land in section 32, Township 45, South, Range 43 East, ci ty of Boynton Beach, Florida, Palm Beach county, 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 1/4 of section 32, Township 45 south, Range 43 East, City of Boynton Beach, County of Palm Beach, Florida, less and except lands described in Official Records Book 5402, Page 670. ALHAMBRA SOUARE SOUTH The West 500 feet of the following described property: Lot 16, Block 16, GOLF VIEW HARBOUR 2ND SECTION, according to the Plat thereof, as recorded in Plat Book 27, Pages 46 and 47, and Tracts 2, 3 and 4 GOLF VIEW HARBOUR 3RD SECTION, according to the Plat thereof, as recorded in Plat Book 30, Page 119 and 120, Public Records of Palm Beach County, Florida. ALHAMBRA SOUARE ACLF The East 590 feet of the following described property: Lot 16, Block 16, Plat thereof, as Tracts 2, 3 and 4 Plat thereof, as Public Records of GOLF VIEW HARBOUR 2ND SECTION, according to the recorded in Plat Book 27, Pages 46 and 47, and GOLF VIEW HARBOUR 3RD SECTION, according to the recorded in Plat Book 30, Page 119 and 120, Palm Beach County, Florida. (B: CONDOOO. ksd) 7 LAW OFFICES ROBERT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 103. BOCA RATON, F"LORIDA 33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 73S-0388 . BROWARD (305) 760-9088 EXHIBIT "A" ALHAMBRA SOUARE NORTH A parcel of land in section 32, Township 45, South, Range 43 East, city of Boynton Beach, Florida, Palm Beach county, 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 1/4 of section 32, Township 45 South, Range 43 East, city of Boynton Beach, County of Palm Beach, Florida, less and except lands described in Official Records Book 5402, Page 670. ALHAMBRA SQUARE SOUTH/ALHAMBRA SQUARE ACLF Golf View Harbour Section 3, Tract 4 (less curve area Southwest 13th Street and East 20 feet of South 104.29 feet) as recorded in Plat Book 30, Page 119, Public Records of Palm Beach County, Florida. (B:CONDOOO.pg9.ksd) 8 LAW OF'"F""ICES ROBEr=lT A. EISEN. 4700 NORTHWEST BOCA RATON BOULEVARD, SUITE 10.3, BOCA RATON, F'LORIDA 33431 BOCA RATON (407) 994-2090. WEST PALM BEACH (407) 738-0388. BROWARD (305) 760-908e