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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 ,I: I ~ Vlf.~/V~ LV.LI r4A aUL Q~4 ~Q~O " ~002 \ 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 $;\~\Nido;\Si~M~:IId.Ltr.dQl; U'f~~fU~ LU.LI rAA OO~ O~~ ~O~~ -- --- ....-- ----;--.- -- ~UUJ R.0'3-0'f.1i) IWI~ IIBmllllllmDID.I~~IIUIIUI 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 Vt 1 6.-'*1 VoJ ~V.LO rA4 UOi o'*~ ~O~~ 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 V'II ....., V<J "&'V..LV rA.A. aO..1. O':l.. ">O.:;ij 1i!l005 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 '. . I . I '~ , ~f&<<~ ~WRII.J:1 /I. H""'J'''''~ . n -------' "OQo C' ~ \ "'D~t...L'G ~. ~~.sH ""J ,:',~.:. . 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 ~~5{~ ~.AU I.A ~ ~~ 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 ~/'~~/~~ ~V.i~ rAA OOi g~~ JO~~ -----. - ~006 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: Ndb~ "-1-'~ l ~- idu/~ ~~'H_'TI'~6 . n ftOQ ~ \ ....-e.~ ~~'Sl-t \/""'Yl.t: CC$T"e//Q W /~.tr $G.r;I W::Jr- ~ IA './),,') ~ IIln All...... 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 '''''''''''''''''' ..~..' " .;:"~ .~ lr8~r: 1.1'.. Bo~n . Ueisureville. Cc#~i:tiCi''-'''(~''~r AsSOCiation, rhe., a Florida QO~ci#~~)'~~' ::-:....%"... corporatr'on I' ;, oi'''' "',~ .",..., ,~= :: .t!:, n} eJ> ....... .....~ - - iw;Q.....,:..J !-- ~!~) ::. . ~ ~ .-" ~- .... n._ -~.~..;:{.... ':.J.,'.... ~ ~, \t."f'.,.j ..~ -.c.-...,.... ~~...= ":.~~'. 1ol.. \'..:J... ~ <l" ..,,'......... .'" .~ ~".' =:'1.."':!........ l1'e'l:ielm,~... 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~ 3 . Uo, f ~'t.fUoI .LU; ~U rll..4. iJ~:':. O't.~ 0104:;1;) ~UU7 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 ~ R.-._._.... 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 \~.1 ~___07 :zcoo 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: i) -- """""'" ... "i ~~0ClQ;I;l;U. ~ "" EIpno~a2llllt 4 _"~~'YU ~Y.~V ~AA ~V~ U~~ ~~:~ '01/15/03 09:16 P..l.X 561 84. .26 141008 1iiI007 " ; , . 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,. I I ,<~.,.. J. ,W";- IESUE... U8IEIlI/AN ~. ,~ II':~; '"' !oIYCOIlIIISSIONf!lD13bS r' >. .' EXPI~ES: rtMmber21 ~ ~ __~"~:g,:. ~ 1IlItWdn..,~_NliD~ 5 ~ f(?f t ~J "'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 I ~v' /~ ~ 1- e(\.~' ,I L, (.O[J~, 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 \\\\\\111111/11// ,\' III ""'~ .{t-liO"" IJ 1"0 .:,.'~ 0 .... ..... ~ ~ ~ 0) ....?ORA?"~.. ~o ~ .::: ~ ..o~ ... - ~ - ~ :~' ,...::: ~ >- t- i ~ % -0 \. ,\g~~/ $ -;:. .... ." '"' .:::: ~ ....-.... '<:) .s: ~..}/II FLO"r\\\\\~ 1///IIII1!!\\\\\\\ DATED: t - cr - (' ;~ ~--~ -' 2LC,,,~-,' ~ City Clerk 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: . (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 " . residential areas, and at least one hundred feet from the south property line of the Alhambra Square South and Alhambra Squ",re ACLF Parcels; . l i i , I I (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. , 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 5 ~ - Drainage District right-of-way south of the Alhambra Square South and Alhambra Square ACLF Parcels; and (9) Deceleration entry lanes shall be provided at each entrance if deemed necessary by BOYNTON BEACH. The foregoing developmental limitations shall be set forth in a Declaration of Covenants and Restrictions (the "oeclaration"), , 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 j . 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 , 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, 6 ~ Sec. 163,3184, the limitations set forth in this Stipulation and Settlement Agreement, and other usual and customary site related conditions of development of general application in BOYNTON BEACH. 14. To 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 . 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 , 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 ...... 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. 7 .. , / - , 18. The parties shall forthwith inform the Court that a settlement has been reached and all proceedings in the suit shall be abated until the terms of this stipulation and Settlement Agreement are fully and completely effectuated. At such time, , ,. the parties shall jointly seek an Order from the court confirming The 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 , , 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 8 ,/ I ,