Loading...
AMENDED DECLARATION CITY OF BOYNTON BEACH, FLORIDA MEMORANDUM TO: Michael Rumpf, Director of Planning & Zoning Kevin Hallahan, Forester CC: Janet Prainito, City Clerk n Michael J. Pawelczyk, Assistant City Attorney 'Yy9r' FROM: RE: / Alhambra Square North Medical Arts Professional Center DATE: July 30,2003 In connection with the above matter, enclosed for your information and files are copies of correspondence dated July 24, 2003, from attorney Nicholas Bouyoucas and the recorded Amendment to Declaration of Covenants and Restrictions for Alhambra Square, Waiver and Consent. The document was recorded on July 17, 2003, in the public records of Palm Beach County, Florida at Official Records Book 15545, Page 0839. This item was approved by the City Commission at its meeting of June 3, 2003 (Item C.I). Should you have any questions or require further legal assistance with respect tot his matter, please do not hesitate to contact me. Attachment S:\ca\MJP\memos\2003\Rumpf (Alhambra) 07- 3D.doc YI(~~/V~ ~V.~I C4A ~O~ O~~ ~Q~O IlJ002 LAWOFFICES WARD · DAMON & POSNER PROFESS IO N AL ASS OCIATI 0 N 4420 BEACON CIRCLE WEST PALM BEACH, FLJ3407 TEL; (561) 841-3000. FAX: (561) 841-3616 WWW.w<lr(idi:JmCJll.ctRll Nicholas e. Bouyoucas. Esquire nbouyouca5@warddamon.cotTl July 24, 2003 Via Facsimile (954-771-4923) Michael J. Pawelczyk, Esquire City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Re: Medical Arts Professional Center, Ltd. I Recorded copy of Amended Declaration I Release of Bond Funds Dear Mike: Pursuant to your instruction, enclosed, please find a recorded copy of the Amended Declaration of Covenants and Restrictions for Alhambra Square, Waiver and Consent which we received back from the Palm Beach County Clerk's Office this morning. You had previously indicated to me that a Resolution to release Vitcar Construction Co, Inc's two bond amounts passed at the City Commission meeting on June 17, 2003 and that upon receipt of a copy of the recorded Amended Declaration, you would immediately notify Don Johnson in the building department to release Vitcar's bond money. In connection therewith, enclosed please find copies of the two checks written by Vitcar for the two bonds. One check in the amount of $5,500.00 and another in the amount of $2,080.10. Please advise the quickest way for Vitcar to reclaim the bond money and who they should contact. Thank you for your attention to and cooperation in this matter and please contact me to let me know who Vitcar should be contacting. cc: Dr. Surendra Sirpal Vitcar Consulting $. \u-r..\NidNfitp;lJMocn.- a"'.I\.-~SIf" OIIoll.Ur.doc VI/~~/V~ ~V.~, rAA ~O~ O~. ~~~U --- . . ------ <m 003 R.0'3-0QCJ 1.ln IIBmlm~ IIIWOIOIIIIIOII.II Conrad Damon. Esq. Ward, Damon & Posner, P.A. 4420 Beacon Circle. Suite 100 West Palm Beach, FL 33407 WC#37 07/17/20a3 lS:49:4~ 20030421&71 OR BK tSS45 PG 0839 ~'alol Beach I;ouoty, Flo'rid.. AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS FOR ALHAMBRA SQUARE. WAIVER AND CONSENT Recitals: A MEDICAL ARTS PROFESSIONAL CENTER, LTD., ("MAPCn), a Florida limited partnership, is the owner of the following described real property located in Palm Beach County, Florida and successor 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 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 "MAPC Property"). B. The MAPC 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 contafns certain restrictions and conditions in connection with the development of the MAPC 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. MAPC is in the process of developing the MAPC 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 V, t ..'tt VV ~v.~o r4A ao~ O't~ ~o~U IlJ 004 BOOK 1:>545 PAGE 0840 constnlction 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 MAPC Property, MAPC has approached and communicated with the Boynton Leisureville Community Association, Inc. to coordinate with such governing association the development of the MAPC 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 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 Leisureville Community, as set forth in the Declaration of Covenants and Restrictions 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 of the Boynton Leisureville Community Association, Inc., all as is more particularly set forth in Article \II 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 of the 6 foot boundary wall between the MAPC 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, as a named beneficiary in the Declaration of Covenants and Restrictions hereby 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 2 V'I' ...., VoJ ~V.LD rAA ~D~ O~~ JQ~~ 141005 BOOK 1~5 P~GE BaAl 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 Plorida 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. Witnesses: MEDICAL ARTS CENTER. LTD., a partnership PROFESSIONAL Florida limited ~~J ~~ ~S' e~ :.,.v.b<l' -qur l ~~- By: Hematology Oncology Associates Properties, Inc., a Floriqa corporation, as its General Partner By: ~ /---r Name: Surendra K Sirpal Title: President , "1.1'; ':. id//&~~' , ,r, . .-J ,.' Boynton Leisureville Comm.<Jrlity: ~~' .,' '~>v'::"~ Association, Inc., a Florida noUcr pnJf!~~ .'~. "'t\ corporation ~ :; ::i. ~:., :. ',:. =-: . \~~."-~~.'.~'.:.~~', _~'_~1" ,. ~ ' ,~. "'. ".;-"-. -,.... ". ,. ..., -:., . -. -~. resident & Dire'ctcr,,,' €r'H_~~ . n - .00> C'~ \ jItoooi;.:L..L-'6 e.. ~I..srf ':;J&>Yt:..e COSTe/I", f4,,'s.i'df!! ~ IA ..J..U ~~ CIrI ATI'lIIlItL't City of Boynton Beach BY:~ KURT BRESSNER CllY MANAGER BOYNTON BEACH, Fl RSPB, LLC, a Florida limited liability company and successor in interest to Alhambra Square South and Alhambra Square ACLF By: 3 ~('.~/VV ~u.~~ rAA ao~ O~~ JOlij li!Joos 07115/03 00:17 FU 561 842 _ .t8. Il!J006 BOOK 15S1t5 PAGE fIIIl~ 2 hedge referred to in such Declaration need not be removed, and further agreeing that itS Development Order dated August e, 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 !he Declaration of Covenants and Restrictions for Alhambra Square. Witnesses: Ndb~ ~~ l ~_ 1tW~ ~~ N. HhL.s+..!5 . n g"OQ~~ I "''5~ . ~,.s,.; \f"",y~e- Cafi.reJ/o W/~b :;Sliii u)~ ~ It !l-A'') ~RM' dL.. 4;;:k~ ~~LJo' ~.,L~ ::r o}le c I..A-A/ 1J MEDICAL ARTS PROFESSIONAL CENTER, L. TO.. a Florida limited partnership ;. . By: Hematology Oncology Associates Properties, Inc., a FloriQa corporation. as its General Partner By: ~;:--r Name; Surendra K Sirpal " Title: President ~.\,,"J1I,. ,...~,. "," ~..,""J .....'1 A.r3~ ".t.., Bo~n. Ueisureville. Cqp1~~il':4~~/}<-, AsSOCiatIon, lite., a Florrda QO~~:i;lf.M~~' ...;.'..<:.\ corporat,'on I' ;: ...,.~ "'.~ -'0','.-.: ~$ E. :'t!:. a}.... 1""," ....~ ;' :::'3l';Q.....r:::...!.... ~.' "!:':-.,. ~..:. '-'!o .:..~. :::.1"liI.; ;~ \?.'~..... 'c:.-;!l~"'; = -.:. ~~'" ~~? \ .".,:l .$ ....or. -l" ""-~.~._" ,~" ? ",", . "'"1-''t ," resident & ire~,.-"""" City of Boynton Beach 8Y:~ KURT BRESSNER CITY MANAGER BOYNTON BEACH, Fl RSP8, !.LC, a Florida limited liability company and successor in interest to Alhambra Square South and Alhambra Square ACLF By. ;1.1~)2C~ 3 Vol f ~"f Vol .LV;':U r4.4. a...~~. O..~ 010",1) IlZJUU7 BOOK 155't5 PAGE 8/llt3 STATE OF FLORIDA COUNTY OF PALM BEACH 'I't... The foregoing instrument was acknowledged before me this /6 - day of ~ ' 2003, by SURENDRA K SIRPAL, as President of Hematology co logy AsSOCiates Properlies, Inc., which IS the General Partner of Medical Arts Professional Center, LTD, who X is personally known to me OR produced ~~ JUDlIH mrElBAUM ~ 9.i' ..... CC...USSlC'" DO 13:2DD' ~..iI!l" ElCl'IRm: AilguOl......... ~ R.....,....fbDtQ... tary Pu c 't-!, ,/ / rint Name::::ri7d, -,-;;;;. Jc../ ..tJ~ ~ My Commission Expires; Dnl ~ ~'" STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this k~ay of 'T </~, 2003, by SYLVIA HUHMAN, as President and Director of Boynton Leisurevilie Community Association. Inc., who '- is personally known to me OR V produced t;. l..-l<" ~'^' _EIloujouc:u . ~ . "'~C01_ ~..~ &pm_07 ZOOIl a identification. ubli p. t Name: /fit,-',,,},,; so g ~,p"'t::-"?..5" My Commission Expires: JJ<.v~...I...t~ 7. '2L;t>0 . STATE OF FLORIDA COUNTY OF PALM BEACH ~ The foregoing inst~ment was acknowledged before me this ~TJ... day of _IJ'M-. .2003, by ~/I1UAg" . as ~(pv.~./A of ily of Boynton Beach, who ~ personally known to me OR produced as identification. QltlQ /1{1aA./; ~~ Notary Public Print Name: &r:e.yYtarre. 1A.fW:l.1'1 t1..a.-. My Commission Expires; ~ Rose_........... 1L< "'; ...~ooo:mr. ... ", EIilhIAIIpl2t.:IlllII 4 ...., r .......,...... .........V J.'4A ...U.L U"'" 010"'0 -~ '07/15/03 09:16 P,U 561 84 .26 ~008 Iili001 , . BOOK 15545 PAGE 1il844 Dorothy H_ Wilk~n. Cl~rk STATE OF FLORIDA CouNTY OF tlllA4 11'-K.4- The foregoing instrument was aCknowledged beiore me this J:i!!day of .1)L~ ,2003, by IAUt..' t9/Il,4IJ/;/}(;/ft441 , as of RSPB, LLC as owner of and successor to the interest af Alhambra Square South and Alhambra Square ACLF, who ~ is personally known to me OR produced as identification. rhR~' /J7~ ( ~~ Public Print Name: Lc.SL./'i. 114. '-/~"'/ My Commission Expires: ';</01/ ~ 1 ~? I 'I ,:::;;.~. ,~~ ,. ,......,""." ~. Y.1lBlEllIIAN tif.W:' 'f.\ !o/YCOMIlISSION'OO13131iS ,b' .' EXPIRES;__21~ ~ -~':~':\.... liIlndtd~_Nllia~ 5 -h(~ A/irVt~f-.(- ~~ IJ fI'---i t..)tf-(9'~~~) IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA GENERAL CIVIL DIVISION MILNOR CORPORATION, a Florida corporation; NORMAN J. MICHAEL and ELlSHKA E. MICHAEL, his wife, Plaintiffs, vs. THE CITY OF BOYNTON BEACH, a Florida municipal corporation, Defendant. ) 00 ~ ~ rn \'!l rn ill ) NAY_61988 ) ) PLANNING AND ) , ZONING DEPT. ) '- ) Case No.: CL 89-6178-AN ) ) ) ) ) I MOTION TO ENFORCE SETTLEMENT AGREEMENT PlaintiffMILNOR CORPORATION, a Florida corporation ("Milnor"), by and through its undersigned counsel, herewith moves this Court for the entry of an Order enforcing the Stipulation and Settlement Agreement reached herein between the parties and as grounds therefor states: 1. Milnor owns that certain parcel of real property located within the municipal limits of the City of Boynton Beach, consisting of approximately 4.01 acres situated at the northeast intersection of Congress Avenue and Golf Road (Southwest 23rd Avenue), known as "Alhambra Square North." 2. On or about June 20, 1989, Milnor and the owners of a related parcel filed the instant action seeking to invalidate the then-current Comprehensive Plan Designations and FOG/Boynton Beach 26360.00.014 66660 ,- Zoning Classifications of Alhambra Square North and another parcel, and seeking to require Boynton Beach to grant the applications and seeking damages. 3. The parties subsequently negotiated a settlement, the terms and conditions of which were embodied in the Stipulation and Settlement Agreement attached hereto as Exhibit "A. " Pursuant to the Stipulation and Settlement Agreement, Alhambra Square North was rezoned "office commercial" with the zoning classification ofC-1 (office professional). The C-I office and professional commercial district permits within its classification a number of uses, including financial institutions (with drive-thru facilities), medical and dental offices and clinics, pharmacies, professional and business offices, dental laboratories, barber shops, beauty salons, and similar uses. A copy of the City of Boynton Beach's Commercial District Regulations and Use Provisions for the C-I office and professional commercial district designation is attached hereto as Exhibit "B." 4. Milnor, by and through its engineer, Malek & Associates, Inc. submitted to the City of Boynton Beach planning director a proposed site plan for development of a Walgreen's Pharmacy and medical office building on the Alhambra Square North property. (A copy of the proposed site plan is attached as Exhibit "C. ") The City planning director approved the site plan, subject only to seeking confirmation from the City Commission that the project was consistent with the C-I zoning classification agreed to in the Settlement Agreement. With this confirmation, the site plan as submitted and approved complied in all material respects with the C-I zoning and the Settlement Agreement. FOG/Boynton Beach 26360.00.014 66660 2 5. On or about August 26, the proposed site plan came before the City Planning and Planning and Development Board (the "Planning Board") for approval. The Planning Board is charged with the responsibility for approving the design features of a given project, including, for example, colors, landscaping, building height and similar features. It has no authority over the zoning or use of a property. Notwithstanding, the Planning Board acted beyond the scope of its authority and rejected the site plan on the grounds that they did not want any commercial development on the site, including the uses permitted in the Settlement Agreement. 6. Thereafter, Milnor, through its contract purchaser, sought from the City Commission approval of the site plan and confirmation that it was consistent with the zoning set forth in the Settlement Agreement. At the City Commission meeting held on September 2, 1997, the City Commission tabled consideration of the matter on advice of counsel that this Court needed to make that determination. 7. Boynton LeisureviIle Community Association Inc., the homeowners association for the residential area adjacent to Alhambra Square North, is in support of the project and site plan as proposed. 8. The proposed site plan meets the requirements of and has the support of the Boynton Beach planning staff, the adjacent property owners, and is in conformance with the Stipulation and Settlement Agreement reached between the parties. FOGlBoYIllOll Deach 16360.00.014 66660 3 WHEREFORE, Milnor moves that this Court enter an Order enforcing the Settlement Agreement and providing that the site plan attached hereto is incorporated into the Stipulation and Settlement Agreement, and that the project may proceed in accordance with the site plan. er Buesing squire Flo ida ar No. 348491 R NICK & WOLFE 101 East Kennedy Boulevard Barnett Plaza Suite 2000 Tampa, Florida 33602 813/229-2111 Attorneys for Plaintiffs MILNOR CORPORATION, NORMAN J. MICHAEL and ELlSHKA E. MICHAEL CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing Motion to Enforce Settlement Agreement was furnished by depositing same in the United States mail, postage prepaid, to: CITY OF BOYNTON BEACH c/o James Cherof, Esquire City Attorney 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 aU on this ~ day of February, 1998. ~b-- Buesing, Es uire FOG/Boynton Beach 16360.00.014 66660 4 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION CASE NO: CL 89-6178-AN MIllIOR CORPORATION, a Florida corporation: NOnH!.N J. MICHAEl. and ELISllKA E. HICllAEL, his wife, Plaintiff, vs. THE CITY OF BOYIlTON BEACH, a Florida Municipal corpor.ation, Defendant. I ~~IPULATION IIND SETTLEMENT AGREEMENT MIlllOR CORI'OMTION, a Florida corporation ("MILNOR"), NORMAN J. MICHAEL and ELISHI(,\ E. MICllAEL; his wife ("MICllAEL"): and the CITY OF BOYNTON BEACH, a Florida H~nicipal corporation ("BOYNTON. BEACH"), by and through their undersigned attorneys hereb~ 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 approlCimately 4.01 acres situated at the northeast intersection of Congress Avenue and Golf Road (Southwest 2Jrd Avenue), which real property is 1Il0re 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. It I 2. MICHAEL owns that certain parcel of real property located within the municipal limits of BOYNTON DEIIOl and being a site of approlCimately 9.45 acres situated at the southeast intersection of Con9'ress Avenue and Gal! Road (Southwest 23rd ^vcnuc). Thin real property shall be referred to as two parcels, the first pureel being an approximnte 4.45 acre parcel situated . closest to the intersection of Congress Avenue and Golf Road (Southwest 2Jrcl Avenue), and more particularly described in the 1 EXHIBIT J A 'l Exhibit "B" att"ched ....reto and made a part hereof, dnd which real property shall hereinafter be re!e=ed to as "Alhambra Square South." The second parcel, being immediately adjacent to and east o! Alh~mbra Square North and consisting of approximately 5.0 acres, and more particularly described in the Exhibit "cn attached hereto and made a part hereo!, and which real property shall hereinafter be referred to as the "Alhambra Square AeLF." 3. The Alhambra Square North, Alhambra Square South, and the Alhambra Square ACLF p~rcels o! real property ~hall hereinafter be sometimes collectively referred to as the "Alhambra Parcels.1I 4. The Alhambra Parcels are presentl.y subj ect to the following Comprehensive Plan and Zoning designations by BOYNTON BEACH: Future Land PArcels Use Element. Zenina Alhambra Sqtlare north Moderate density R-1AA (PUD) residential Alhambra Square south Low density R-1AA (single residential family residential) Alhambra Square I\CLF Low density R-IM (single residential family residential) 5. On or "bout September JO, 1988, MILNOR for the Alhambra North and MICIlI\EL for the Alhambra South and Alham.bra ACLF parcels submitted applications (the "Applications") to BOYNTON BE.i\CH for amendments to the futur.e land usa element of the' Comprehensive Plan, and for rezoning of the Alhambra Parcels, as follows: Future L~nd Intended Parcels Element Reouest Rezonina Reauest 1Wl. Alh~mbra Square Office Commercial C-l (Office Office/ North professional) Medical Alhambra Square Office Commercial C-l (Office officel South Professional) 'Medicall Banking Alhambra Squara Hul ti-f~mily R-J (Hulti- Adult ACLF resid,mtial family) congregate Living Facility 2 commission. On October J, 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. Sinc" that time, MILNOn 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 Setttement 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 Zonina Alhambra Square North Office Commercial C-1 (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, M~LNOR and MICHAEL agree to the following developmental limitations, I which developmental limitations shall apply regardless of ownerShip of the Alhambra Parcels: a. 1\lhambra SmJare North: (1) Building Height not to exceed two stories: (2) All dumpsters to be located away from adjacent residential areas: (J) Construction of the six-foot zoning boundary wall shall be coordinated with the governing association of the 4 .. 6. The hpplica\",_ .ms waro considered by the. Pllluninq and zoning Board of 1l0YNTON BE!\CII at a duly const'ituted and duly noticed pUblic henrinq on December 15, 1988, at which time the I'lt1nning and Zoning B'oard recommended denit11 of the 1o.pplict1tions to the City Commi~sion. 7. On Janut1ry 4, 1989, at a duly constituted and a duly noticed Specit11 Meeting of the city Commission of BOYNTON BE:!\ClI, the City commission of BOYNTON BEAClI 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 MIClIAEL filed the instant action seeking to invalidate the current comprehensive . Plan designation~ and zoning classifications of the Alhambra Parcels, seeking to require BOYNTON BEliCH to grant the Applications and seeking damages. 9. On September 14, 1989, Robert A. Eisen, Esquire, attorney for MILNOR and MICIIAEL; delivered to Raymond Rea,' Esquire, city Attorney for BOYNTON BEACH, a letter offering a settlement of the instant action wherein BOYNTON BE:!\CH would grant the Comprehensive Plan designations and zoning classifications requested in the Applications and MICHAEL and HIL1,OR would relnase BOYNTON BEACII from any and all claims for damage. At its regular meeting of September 19, 1989, the city Commission considered the request fer settlement, and by a vote, three votes in !ilvor, two opposed, dirl!cted the City 1o.ttorney, Raymond Rl!a, to negotiate the terms o~ a stipulation and Settlement Agreement with the representatives of MILNOR and HICIl!\EL ilnd 'present that Stipulation and Settll!ment Agreement for npproval by the city Commission t1t 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 tll~t the considerntion of the StipUlation and Settlement !\groement should be a public hearing so that input from tho public could be taken and considered by the city 3 adjacent residcntial property and the existing buffer hedge shall be removed and replaced with sod and landscaping to the specifications of ~he 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. Alhambr~ Sauare South and ~lhambra Sauare ACLF: , (1) Building Height not to exceed two stories: (.) Roof pitch not to be steeper than 4/12; (J) 1\11 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 Squ~re 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 pe~itted 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") sh"l1 bn constructed on the south property of the Alhambra Squar~ South and Alhambra Square ACLF parcels. The plan and design of the Wall shall be coordinated with and approved by the governing ,ssociations Of' the adjacent residential property. , 1\pproval of tl,e Wall shall not be unreasonably withheld by the gOverning asso~iations. The Wall shall be constructed at no cos~ or expense to the governing associations~ (7) At such time as building plans are presented to BOYNTON IlE1\Cll for permit, copies of the Wall plan and site plan shall be submitted to the governing associations: (0) No parking spaces or improvements except ll\ndsc~ping shall be constructed or installed in the Lake Worth 5 Drainage District ~iqht-of-wav south of the Alhambra Square South r and Alhambra Square ACLF Parcels; and pi) Deceleration entry' lanes shall be pr~vided at each .entrance if deemed necessary by BOYNTON BE1\.CH. , 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 rec,ortled 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 HILNOR and MICHAEL shall be delivered to the City Attorney prior to the first public hearing on tha rezoning and Comprehensive Plan amendments ( . described in paragraphs 12 and 13, below. The Declaration shall be recorded by the City Attorney where all actions necessary to effectua te' 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 arens: (a) Boynton Leisureville Community Association, Inc. as to the Alhambra North Parcel: and (b) Golfview Harbour and Golfview Harbour Estates as to the Alhambra South and Alhambra ACLF Parcels. 12. BOYNTON BEACH agrees to supplement or amend its Comprehensive 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 conpitions 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 paraqraph 11, above, subject only to completion of all procedural requirements under Florida Statutes, 5 r Sec. ~6J,J1B4, the limitations set torth in this Stipulation and Settlement. Agreement, and other usual and customary site related conditions ot development ot general application in BOYNTON BE1\CH. 14. To the extent that ordinances or resolutions are required to implement any ot the tenns of this Stipulation and Settlement Agr~ement, BOYNTON BEACH agrees to prepare and adopt any and all such ordinances and resolutions necessary to . implement the terms ot this Stipulation and Settlement Agreement. . 15. simultaneous with the execution ot this Settlement Stipulation, MIL.'lOR and MIClI1\EL 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 ofticials, or appointed officials in connection with or related to any action or inaction ~ regarding ~he Applications and the Alhambra Parcels. The general releases shall be held in escrow by City Attorney, Raymond Rea, until all actions necessary to etfectuate this stipulation and Settlement Agr~cment have been duly enacted and then shall be delivered to BOYNTON BEACH. ~6. MILNOR and MICHAEL shall further agree to defend BOYNTON BEACH at MILNOR and MICHAEL's expense, any suit or administrative action pursuant to Chapter. ~6J, Florida Statutes, initiated by third parties arising out of any actions taken by BOYNTON BE1\CH under the terms of this Agreement. ~ 7. MILNOR and MICHAEL agree that BOYNTON BEACH's "'- Stipulation and Settlement Agreement shall obligations under this at all times be subject to Department of Community Affairs' approval. MIUIOR and MICHAEL turther acknowledge that BOYNTON BEACH shall not be responsible tor any other Governmental Agency's action related to the development of the Alhambra Square Parcels. 7 , 18. The parth. shall forthwith info= the c:. . c 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 shull 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 r cause and the po.rties to ensure that the terms and conditions herein are adhered to by the parties. RAYMOND ~EA, ESQ. city Attorney for the CITY OF BOYNTO~ BEACH, a Florida municipal corp. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33481 (407) 738-7405 Florida Bar No. 348880 BY: ~~~ RAYMOND REA, ESQ. r r DATED: ~ 31) \({'1fj_ pldq 06/pldg l/RN , LAW OFFICES OF ROBERT A. EISDl Attorneys for Plaintiff(s) 4700 Northwest Boca Raton Blvd. Suite 103 Boca Raton, Florida 33431 (407) 994-2090 Florida Bar No. 180136 , ~ , BY: ~~~~ ROBERT A. EISEN, ESQUIRE DATED: &'c\o~'\..~J 7)\~(61 8 S5 Minimum rear yard Maximum structure height 25 feet* 45 feet, not to exceed four (4) stories *When abutting residential districts, side and/or rear yard shall be thirty (30) feet. 3. Off-street parking: As provided in Section ll-H hereinafter. K. PUD PLANNED UNIT DEVELOPMENT DISTRICTS. Chapter 2.5 of the Land Development Regulations is hereby incorporated by reference into these zoning regulations, and all planned unit developments shall be considered zoning districts on the official zoning map. Chapter 2.5, and all planned unit developments approved in accordance with Chapter 2.5, shall be subject to all applicable provisions of these zoning regulations, except as otherwise provided for in Chapter 2.5. Section 6. Commercial district regulations and use provisions. A. C-l OFFICE AND PROFESSIONAL COMMERCIAL DISTRICT. These district regulations will provide appropriate space for office and professional uses, located to provide ready access to such services for all. 1. Uses permitted. Within any C-1 office and professional zoning district, no building, structure, land or water, or any part thereof, shall be erected, altered or used, in whole or in part, except for one (1) or more of the following specified uses (single- family occupancy when incidental and necessary to main use is permitted). Those uses, however, which are listed in 1A. below shall require conditional use approval, and those uses which are indicated under lB. below shall require an environmental review permit, prio~ to the establishment of these uses: a. Churches and other places of worship and attendant accessory uses. Day care centers, primary and secondary schools, seminaries, and colleges and universities shall not be construed to be an accessory use to a place of worship, however. Financial institutions, including drive-through facilities. Funeral homes. Funeral home with Crematorium.* Government facilities, inclUding public community centers, excluding uses which have extensive storage or maintenance facilities, or storage or maintenance as their principal use. Hospitals. J b. c. d. e. f. fl EXHIBIT Adopt.d April ~, _.v1..c1 1995. Orc11nanc. 095-0. 2-25 B ~ \ .F.' 56 I I , Medical and dental offices and clinics. Nursing and convalescent homes. pharmacies, medical and surgical supplies; orthopedic, invalid and convalescent supplies; eyeglasses and hearing aids. Professional and business offices. -veterinary offices and clinics, excluding outdoor kennels, or keeping of animals for purposes other than treatment, and excluding on-site disposal of animals. . Reserved. Nursery schools, day care centers, and other preschool facilities* (See Section 11.C.). Instruction or tutoring, with a gro~R floor area of less than two thousand (2,000) square feet, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, recreational, trade, or industrial instruction. Instruction or tutoring, with a gross floor area of two thousand (2,000) square feet or more, limited to instruction for office occupations, or academic tutoring, and specifically excluding art, recreational, trade or industrial instruction. * Academic schools, regardless of floor area, including primary and secondary schools, seminaries, colleges, and universities. Copying service. Print shops shall be allowed subject to obtaining an environmental review permit in accordance with Section 11.3. Restaurants,* subject to the following conditions: (1) No restaurant is to be allowed in an office building or complex of less than twenty-five thousand (25,000) square feet. (2) No restaurant shall occupy more than five (5) per cent of the total square footage of the office building or structure. (3) No signage for the restaurant shall be placed on any freestanding sign for the office building or complex. (4) Hours of operation shall be limited from 6:00 a.m. to 5:30 p.m. (5) Seating shall be limited to forty (40) seats or less. Barber shops, beauty salons, manicurists, tailors and dressmakers.* Dental laboratories.* o. p. q. r. s. t. lA. Conditional uses allowed. These uses specified above in subsection 6.A.l. which are followed by an asterisk (*) shall be deemed to be conditional uses, Rev1..4 Adopted April.. 1'95, Ord1n.nce 0"-02 2-26 5 H l' t lIt I I 11 igj! ! .:oi ; , :!.e::!. ;. :.... . t , o!o!4~i- ..... . ... -, t t!:t; !~!~ I. ~ l~;::= :t:: - ..~= . . -. . ~hei: I 11 E <<1'" i it! f ~l!i 'I l.'!~ lh! c !! .F~ lHl - H 1,1- n. :::i~'! ...."'.. I -I II ~I -'" .- Ii. .- ~ :1 . 'I, ,; ~1 ~ ! f. " ~~ " ,. "r ,.,ilV I I . "~Il ~ il .I ~ ~1--1....."'-i..1 '1!~Sc:\:aI ~ ~ 1~_I~'il.l .r:-l r- '1 'li '!! ...i ,: ~: !.. \l~ i.!.;..J. i ' ~! ~ I-...~-l~--i I fl:" I ~.1 ~ I~ ' l'illl i IH "l :1',1 j p,11 ~i.~ it .' ( 101\. z.. ~'IH iU I I' !h~ ! . . 1 ~ ': i ;h! llijL f1!H~ t~H;f ~ ~~!~'q~ I 3. '" ~'f.. ~ .- . i !II . l~ I J .-,. '~'\;" ; ,- 3171113t1f'1S/31 1..,.....,.U_~ . -...-"...,,--., -...- I - ~~ I lrj I ' I'IP~ ~- ! I I . \ I \ . I I HI \ I g I tIll , I .\ I II I !l'll . I "I I I, : ~! I \ I~ 1 ~ I I ~ I 1 ~ I ril I i I Lt--t I i I I ~I ,~ : ~ ~ ~ g . d. ~ if <- 1-. ~ 1-, t I. ..! ~ .' j , .!ll _ ~ o-.~ ." ~. f,JQ' - '_lQ'-'" . " u .'. \'.~ , l!: --g---' . ~ :~::;:_. VI ~ , . I, 1I (} I ~ i; I' , J . :.~ iI, .' . ~ _:~~--- . . .....~ ""'7- .' , ~~-=~.., -- () (} - :; (> 0 ' --- -..... ( -,-,-,- . ''';'," ~~ ___"__1 _____.L_ ,~. --- - , 3(JN3/\ V SS3YDNOD EXHIBIT I c ,~---_.~ -~ I I I I 1 I I I I I I~ '" a I" .~ .... ..:',:1 c5' . . <> l~ ...., I~ ...., I" .-< .1 ci ,'J 0:: , '-'c-l-;:l I" ,oj vi I ! 1 I- I I I ___.:.I ~~ ; \ ~i~ II u .! . ~i~!; "C"'i .~ ""5"1; : ~~~ i ~" " > ;: '" :> z < ~ ~ < , :;: ~ -< it '" ~ '" i i h " 1 Ii! . ; la ~. ~ 1 1 ! 1 ~ ~,J il I t 1 ~ !~l\ it l 1 ! j lllli.l! 1'1 i 1 Ji~!l'n 1 ! 1 c ~J,.H.h l 1 i ~t ii1~1~il , I ' It ~l.l[~-] l ll~l' l!lH'jlllf 1 ',1 111, 'I i II 1 111~11~il!il~11 . j' ll,-llt-- ,;,. , _\I!,-{I!l'll h:1 . .1 Ih!..l. lHp.llI !, "!ll!JI!I;jll! ~ !t;I!';I;;t;l;~i" ,;,.". ," ~" , ~& f ih' . .:il~ L !~a ,t l~t tg'!t.. ~ ~~~~- -!." l!!l; ....-"'" !; I~~ !'H .1 '1= , IH.; 0'" ~-, ~l ;tl! I~ ;-~. tl t~.tt ~~ \~~S I!i ~~: t;i ;i~r' ~ i~ 2ia ; ~i ~!ir IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION MILNOR CORPORATION, Corporation; NORMAN ELISHKA E. MICHAEL, a Florida J. MICHAEL his wife, ) and} ) } ) ) ) ) } ) } ) ) CASE NO. CL 89-6178 AN Plaintiffs, v. WITNESS SUBPOENA FOR TRIAL DUCES TECUM CITY OF BOYNTON BEACH, a Florida Municipal Corporation, Defendant. THE STATE OF FLORIDA TO: MICHAEL RUMPF, Acting Planning & Zoning Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 YOU ARE COMMANDED to appear before the Honorable Richard I. Wennett (Courtroom 10C), Judge of the Circuit Court at the Palm Beach County Courthouse, 205 N. Dixie Highway, West Palm Beach, FL 33401, on Monday, June 29, 1998 at 9:30 a.m., to testify in this action and to bring with you the following items: * The entire file including any and all documentation pertaining to the Walgreens Project/Alhambra Square North. If you fail to appear, you may be in contempt of Court. YOU ARE SUBPOENAED to appear by the following attorneys and, unless excused from this Subpoena by these attorneys or the Court, you shall respond to this Subpoena as directed. WITNESS my hand and seal of this Court on ,1 Jni' ::i/;:;+h 1998. --~ KEITHf' AUj'I'tY./ JR., P.A. BY/ L,(f!\ j"i KBith'C. A~stih, Jr., Esquire FL Bar No..' 361801 Attorney ~for the Plaintiffs 340 Royal Palm Way, Suite 100 Palm Beach, FL 33480 (561) 655-4060 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION MILNOR CORPORATION, Corporation; NORMAN ELISHKA E. MICHAEL, a Florida J. MICHAEL his wife, ) and ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CL 89-6178 AN Plaintiffs, v. WITNESS SUBPOENA FOR TRIAL DUCES TECUM CITY OF BOYNTON BEACH, a Florida Municipal Corporation, Defendant. THE STATE OF FLORIDA TO: MICHAEL RUMPF, Acting Planning & Zoning Director City of Boynton Beach Planning & Zoning Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 YOU ARE COMMANDED to appear before the Honorable Richard I. Wennett (Courtroom 10C), Judge of the Circuit Court at the Palm Beach County Courthouse, 205 N. Dixie Highway, West Palm Beach, FL 33401, on Monday, June 29, 1998 at 9:30 a.m., to testify in this action and to bring with you the following items: * The entire file including any and all documentation pertaining to the Walgreens Project/Alhambra Square North. If you fail to appear, you may be in contempt of Court. YOU ARE SUBPOENAED to appear by the following attorneys and, unless excused from this Subpoena by these attorneys or the Court, you shall respond to this Subpoena as directed. WITNESS my hand and seal of this Court on ,]l Jnf ::f,1:;th 1998. -- ~ KEITHl' AU! 'I'1:~! JR., P.A. By/lrL. \/ d"i -eith C. Austih, Jr., Esquire FL Bar No.' 361801 Attorney'.for the Plaintiffs 340 Royal Palm Way, Suite 100 Palm Beach, FL 33480 (561) 655-4060