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
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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
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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
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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"
,. ~ ' ,~.
"'. ".;-"-. -,....
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resident & Dire'ctcr,,,'
€r'H_~~ . n
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':;J&>Yt:..e COSTe/I",
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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
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07115/03 00:17 FU 561 842 _ .t8.
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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~
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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','.-.: ~$
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....or. -l" ""-~.~._" ,~" ?
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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
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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_...........
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'07/15/03 09:16 P,U 561 84 .26
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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
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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
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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