LEGAL APPROVAL
CITY OF BOYNTON BEACH, FLORIDA
MEMORANDUM
TO:
Michael Rumpf, Director of Planning & Zoning
Kevin Hallahan, Forester
CC:
Janet Prainito, City Clerk
o
'/rC)f
FROM:
Michael 1. Pawelczyk, Assistant City Attorney
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 ofJune 3, 2003 (Item C.l).
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 ~30.doc
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LAWOFFICES
WARD · DAMON
& POSNER
P ROFE ss 10 N AL ASS oeIATI 0 N
4420 BEACON CIRCLE
WEST PALM BEACH, FLJ3407
TEL; (561) 842-3000. FAX: (561) 842-3626
www.warddamOll.COIJI
Nicholas e. Bouyoucas, Esquire
nbouyoucas@warddamon.com
July 24, 2003
Via Facsimile (954-n1-4923)
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 { 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
WB!3t Palm Beach, FL 33407
WC#37
07/17/2093 15:49:46 20030421671
OR BI< l5545 PH 0839
Pal~ Beach County, Flo~ida
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ALHAMBRA SQUARE. WAIVER AND CONSENT
Recitals:
A MEDICAL ARTS PROFESSIONAL CENTER, LTD., ("MAPC"), 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 ("Declarntion for Alhambra
Square").
C. Among other things, the Declaration for Alhambra Square contai"ns certain
restrictions and conditions in connection with the development of the MAPC
Properly. In particular, Article III Section 8(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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1@004
BODK 15545 PAGE 0840
construction of a boundary wall and removal of the existing buffer hedge, both to
be coordinated with the governing association of the adjacent residential
property.
E. In connection with the development of the 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 LeisurevilJe 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 sum 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 LeisurevilJe
Community Association, Inc., all as is more particularly set forth in Article III B (3)
of such Declaration for Alhambra Square, and Boynton Leisureville Community
Association, Inc. further expressly requests and agrees that MAPC, as successor
in interest to the Alhambra Square North property, should refrain from removing
the existing buffer hedge and replacing it with sod and landscaping.
3. At the request and direction of the Boynton Leisureville Community
Association, Ino., MAPC agrees that in conjunction with its construction of the 6
foot boundary wall between the MAPC property/Alhambra Square North property
and the adlacent 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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BOOK 155't5 pAGE l/lM 1
hedge referred to in such Declaration need not be removed, and further agreeing
that its Development Order dated August 9, 2002 shall also be deemed modified
and amended to delete that portion which requires the removal of the existing
buffer hedge.
5. RSPB, LLC, a Florida limited iiability 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
4ti/~~AL'J
~~l~_
By: Hematology Oncology Associates
Properties, Inc., a Floriqa corporation,
as its General Partner
By: ~ /---r
Name: Surendra K Sirpal
Title: President
'.
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Boynton Leisureville Comm.unity;;; .,,- ~:-~,:..,
Association, Inc., a Florida noUn;- pi"lJf!r ,. ~. ':'~:',
corporation ~ ~ ::i ;- :'. " '.' =: '
:"...'\.;F?:\., :: ' :.::t .
resident & Direetcf':' l'
-::r"",y~e CO.5reJ/o
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an ATI'QIlIIi.Y
City of Boynton Beach
8Y:~
KURT BRESSNER
CITY 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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07/15/03 09:17 FAX 561 642 . .l6. Iili005
BOOK 155't5 PAGE l/l8lt2
hedge referred to in such Declaration need not be removed, and further agreeing
that its Development Order dated A1.Igwt 9, 2002 shall also be deemed modified
and amended to delete that portion which requires the removal of the existing
buffer hedge.
5. RSPB, LLC. a Florida limited liability company, as owner of and
successor to the interest of the Alhambra Square South/Alhambra Square ACLF
property described in the Declaration of Covenants and Restrictions for Alhambra
Square, h~ joins herein for the sole purpose of consenting to 1I1e foregoing
amendment to the Declaration of Covenants and Restrictions for Alhambra
Square.
Witnesses:
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MEDICAL ARTS PROFESSIONAL
CENTER, L TO., a Florida limited
partnership
,. .
By: Hemaldlogy Oncology Associates
Properties, Inc., a Floriiila corporation.
as its General Pertner
By: ~ vr
Name: Surendra K. Sirpal I,
Title: President ''''''''''''''''''
..~..' "
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Bo~n . Ueisureville. Cc#~i:tiCi''-'''(~''~r
AsSOCiation, rhe., a Florida QO~ci#~~)'~~' ::-:....%"...
corporatr'on I' ;, oi'''' "',~ .",..., ,~=
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City of Boynton Beach
BY:~
KURT BRESSNER
CITY J\lANAGER
BOYNTON BEACH, FL
RSPB, LLC, a Florida limited liability
company and successor in interest to
Alhambra Square South and Alhambra
Square ACLF
By: ~ I'J)?L~
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BOOK 155'l5 PAGE 00'13
STATE OF FLORIDA
COUNTY OF PALM BEACH
yl..
The foregoing instrument was acknowledged before me this /.6 - day of
~ ,2003, by SURENDRA K SIRPAL, as President of Hematology
cology AsSOCiates Properties, Inc., which IS the General Partner of Medical
Arts Professional Center, L TO, who
X is personally known to me OR
produced
~~ JUDITli mraBAUM
~..~ .....CC....ISSIOH' 00133l41'
~...r al'V\EII:AuQulllI4,lllClI
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tary Pu C 'rA ,/ /
rint Name:::rLld, --r;;;'/-c/ ~!!:'-..
My Commission Expires: Dn! ~i ~b
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this k~ay of
--=s- v..-e ,2003, by SYLVIA HUHMAN, as President and Director of Boynton
Leisureville Community Association, Inc., who
\
is personally known to me OR
V produced ~.
L\:c...
~...... _ ElIOllyoucu
'~.~~CD1t135ll2
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ubli
P . t Name: /I<'rr11"'/"'i so ,q: ~,tJ"'t::-4.-S
My Commission Expires: ","'l/~.""w- '7. '2ol>4"
.
STATE OF FLORIDA
COUNTY OF PALM BEACH
~ The foregoing instl}!ment was acknowledged before me this ~tJ.. day of
_1/lA..L- . 2003, by f..j{d:A..II1JM/J1 , as ~ 1Y1~~.l-\. of
ity of Boynton Beach, who
~ personally known to me OR
produced as identification.
Qltle fVTr'D.{; cliwo..MM/L;
Notary Public
Print Name: eos:e/'Y'{lrre.. &...flM.n l<\.tL-
My Commission Expires:
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'01/15/03 09:16 P..l.X 561 84. .26
141008
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BOOK 15545 PAGE 1l8lt4
Dorothy H. Wilk~n, Cl.rk
STATE OF FLORIDA
COUNTY OF 1IflA111~<I-
The foregoing instrument was aCknoWledged before me thls J:i!!day of
.1)1.1 ,2003, by I~I/t.' BIIl""fAJC.If~ . as Of RSPB,
LLC as owner of and successor to the interest of Alhambra Square South and
Alhambra Square ACLF, who
-X- is personally known to me OR
produced - as identification.
rhLl -k' m~
, ~~ Public
Print Name: ~!jLJE. 111. Ll'e.M4?trt./
My Commission Expires: ..</011 ~ 1 OJ.-4'Dt,.
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"'ON '9
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
August 12, 2002
Mr. Anthony Polera
Vitcar Consulting Co., Inc.
1300 NW 17m Avenue, Suite 278
Delray Beach, Florida 33444
Re:
File No.
Location:
Medical Arts Professional Center
NWSP 02-009
NE Comer of Golf and Congress
Dear Mr. Polera:
Enclosed is the City of Boynton Beach Development Order for site plan approval granted
on August 6, 2002 by the City Commission. The approval was for a 42,824 square foot medical
facility on a 3.917acre parcel.
To continue this project through the development process, please revise relevant pages of your
approved site plan to incorporate all conditions of approval as applicable. The full rectified site
plan set is to be submitted as part of your permit plan package to the Building Division. The
person managing your permit applications should be made aware of any additional documents
and third party letters listed in the conditions of approval that need to be submitted with your
permit package.
The Building Division is committed to speedy and efficient completion of the building permit
process for your project. However, please note that failure to meet all applicable development
order conditions in the submitted rectified plan set may produce unnecessary delays in permit
issuance. Feel free to contact any TRC member for additional clarification of comments(s).
Important: Jfyou plan to introduce any changes to your approved site plan over and above those
required by conditions of approval, please contact our staff before submitting a permit package
to the Building Division. All modifications to the site plan must be evaluated by our staff and
processed accordingly.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely,
~.i---"
Michael W. Rumpf
Director of Planning & Zoning
MWR/ad
S:\Planning\SHARED\WP\PROJECTS\Med-Arts Professional err. Golf&Congress\Site Plan approvalletter.doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425.0310
DEVELOPfI. ~T ORDER OF THE CITY COMM: :ION OF THE
'CITY OF BOYNTON BEACH, FLORIDA
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PROJECT NAME: Medical Arts Professional Center
APPLICANT'S AGENT: Anthony Polera, Vitcar Consulting Co. Inc.
APPLICANT'S ADDRESS: 4685 South Congress Avenue, Suite 200 Lake Worth, FL 33461
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 6,2002
TYPE OF RELIEF SOUGHT: New Site Plan Approval for a 42,824 square foot medical facility on a
3.917 acre parcel.
LOCATION OF PROPERTY: Northeast corner of Golf Road & Congress Avenue
.1 ;r: _ C
',-C) v '_
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1.
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2.
The Apg!!pnt
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3.
The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4.
The App~'9tnt's application for relief is hereby
-A- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5.
This Order shall take effect immediately upon issuance by the City Clerk.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
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S:IPlal1nlng\SHARED\WP\PROJECT$\Mecl.Arts ProfeSSional Ctr. Golf&CongresslOO.doc :t:J<f -
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 BOY/ITON BEACH, a Florida
Municipal corpor.ation,
:,
Defendant.
/
,.
STIPULATION AND SETTLEMENT AGREEMENT
(
MIL/lOR CORPORATION, a Florida corporation ("MILNOR"), NORMAN
J. MICHAEL and ELISHKA E. MICHAEL, his wife ("MICHAEL"); and the
CITY OF BOYNTON BEACH, a Florida M~nicipal Corporation ("BOYNTON
BEl\CH"), 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."
r
2. MICHAEL owns that certain parcel of real property
located within the municipal limits of BOYNTON BEACI! 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 Golt Road
(Southwest 23rd Avenue), and more particularly described in the
1
-
Exhibit "B" attached hereto and made a part hareo!,
and which
real property shall hereinafter be referred to as "Alhambra
Square South." The second parcel, being immediately adj acent to
and east of Alhambra Square North and consisting of approximately
5.0 acres, and more particularly described in the Exhibit "e"
attached hereto and made a part hereof, and which real property
shall hereinafter be referred to as the "Alhambra Square ACLF~"
J. 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.1I
4.
The Alhambra Parcels are presently subject to the
following Comprehensive Plan and Zoning designations by BOYNTON
BEACH:
.
Future Land
Parcels Use Element Zonina
Alhambra Square North Moderate density R-1AA(PUD)
residential
Alhambra s,quare 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 Reauest Rezonina Reauest ~
Alhambra Square Office Commercial C-l (Office Office/
North Professional) Medical
Alhambra Square Office Commercial C-l (Office Office/
South Professional) Medical/
Banking
Alhambra Square Multi-family R-3 (Multi- Adult
^CLF residential family) Congregate
Living
Facility
2
,
1
:;.
,
,
,
6. The Appl ications were considered by the Planning and
Zoning Board of BOYNTON BEACH at a duly const'ituted 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 MICI~EL 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 o~ a stipulation and
Settlement Agreement with the representatives of MILNOR
MICHAEL and prese"nt that stipulation and Settlement A.greement
and
"-
for
approval by the City Commission at its meeting of October J,
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 Agreer.1ent should be a public hearing so that input
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 MICIlAEL 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 Settfement
^greement, 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-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, M~LNOR and MICHAEL agree to the
following
developmental
limitations, , which
developmental
limitations shall apply regardless of ownership of the Alhambra
Parcels:
a. ~lhambra Sauare North:
(1) Building Height not to exceed two stories:
(2) All dumpsters to be located away from adjacent
resid9ntial nreaSi
(J) Construction of the six-foot zoning boundary
wall shall be coordinated with the governing association of the
4
adjacent residential property and the existinq buffer hedqe shall
be removed and replaced with sod and landscaping to the
specifications of the qoverninq association and at no cost to the
governing association;
(4) Parkinq lot lightinq shall be shaded so as not
to shine directly into residential areas, and parking lot
lightinq shall not be illuminated after 11:00 P.M.;
b. Alhambra Souare South and Alhambra Scruare ACLF:
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(1) Building Height not to exceed two stories:
(2) Roof pitch not to be steeper than 4/12;
(J) All dumpsters to be located away from adjacent
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residential areas, and at least one hundred feet from the south
property line of the Alhambra Square South and Alhambra Squ",re
ACLF Parcels;
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(4) Parkinq lot liqhtinq shall be shaded and
shielded so as not to shine directly into adj acent residential
areas; parking lot liqhting shall not be illuminated after 11:00
P.M.; parkinq lot lightinq poles shall be at the minimum height
permitted or allowable by BOYNTON BEACH;
(5) Use of the property shall be limited to an
Adult Conqreqate Livinq Facility:
(6) A combination of landscapinq and wall (the
"Wall") shall be constructed on the south property of the
Alhambra Square South and Alhambra Square ACLF parcels. The plan
and desiqn of the Wall shall be coordinated with and approved by
the qoverninq associations of' the adjacent residential property.
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Approval of the Wall shall not be unreasonably withheld by the
governing associations. The Wall shall be constructed at no cos~
or expense to the governing associations;
(7) At such time as buildinq plans are presented to
BOYNTON BEl\CII for permit, copIes of the Wall plan and site plan
shall be submitted to the governing associations;
(B) No parking spaces or improvements except
landscapinq shall be constructed or installed in the Lake Worth
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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 "oeclaration"),
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which shall provide that they cannot be modified without the
consent of BOYNTON BEACH, and the Declaration shall be rec"orded
arnonq the pUblic records of Palm Beach County, Florida" shall run
wi th the land, and shall be binding upon the successors and
assigns of MILN0R 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 Comprehensive Plan amendments
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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 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 Pargels as eet 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
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this Stipulation, to rezone the Alhambra Square Parcels to permit
the development set forth in paragraph 11, above, subject only to
completion of all procedural requirements under Florida Statutes,
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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 th~ 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 a~d all such ordinances and resolutions necessary to
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implement the terms of this Stipulation and Settlement Agreement.
15. simultaneous with the execution of this Settlement
Stipulation, MILNOR and MICI~EL shall deliver to BOYNTON BEACH a
full and complete release on behalf of itself, its officers,
directors, shareholders, employees, agents, and representatives
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as to any and all actions, suits, damages, claims, which it_ or
they may have against BOYNTON BEACH or any of its Of'ficials,
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 have 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 adminietrative
action pursuant to Chapter 163, Florida Statutes, initiated by
third parties arising out of any actions taken by BOYNTON BEACH
under th. terms of this Agreement.
17. MILNOR and
MICHAEL agree that BOYNTON BEACH's
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stipulation and Settlement Agreement shall
obligations under this
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.
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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,
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the parties shall jointly seek an Order from the court confirming
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and ratifying this stipulation and Settlement Agreement.
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 p$A, 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
BY:
~~~
RAYMdND REA, ESQ.
DATED: ~ 31)\~'lf}-
pldg 051pldg l/RN
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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. 180135
BY:
~~
ROBERT A. EISEN,
ESQUIRE
DATED: ~'C'\o~"-.,,,--J. '7)~'I~1
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