CORRESPONDENCE
JUN-0~l-03 15:51 FROM:Goren
:!rof' Doody E:zrol
10:854771 !3
P"![iE
GOREN, CHEROF, DOODY & EZROL, P.A.
30991:ast Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
(954) 771-4500
Facsimile No. (954) 771-4923
FACSIMll,E TRANSMISSION
RECIPIENTS FAX NO. (561)742- 6259
TO:
Mike Rumpf, Director ;)fP1anning and Developmenl~
City of Boynton Beach
CC:
Rose Marie Lamanna, Paralegal
City of Boynton Beach
DATE:
June 4, 2003
Michael J. pawelczyk'VlAJf)
Assistant City Attorne)1 v ~!
FROM:
HLE REFERENCE
City oLBoynton Beach ("City"')! AlhamblO,
MediCllj Arts Professional Center
file No
900182
PAGES: 3
COMMENTS:
Attached is correspondence taken froIc, a fax I received from Nick Bouyoucas concerning th~ abc ':~
mailer. Once we receive the original }llIlendment to Declaration of Covenmts and Restrictions, 'Ice
VIm forward the same to the City Manager for signature. Accordingly, please be prqaredo
coordinate with the Building departrmnt as requested in the attached correspondence. Should)( 11
bave any questions, please contact me.
The information contained in this facsimile message and the pages following are attorney plivileged and cc nfjdcIJ t aI
infonnation intended only for the use of the indi, idnal or entity named ab<>ve. If the tt8der of ~ri. me.Sllll" is not th. inlen, , ,j
rt:cipient, you are hereby notified that any disse:lination, distnbution or copy of this comrmni:atiCll is snicdy plOlibited If
y,)U have r<:ccived this communication in error, please iJ:mnediately notify US by telephone and IebJm the ori,ginal n "'sag" :')
I>> at the above ~ via tile U.S. Postal Servioe. Thll1* you,
If any problems occur in receiving this message, please call this office ~t (954) 771-4500. Thar k
you.
JUN-04-~3 15:51 FROM:Goren
)rof' Doody Ezrol
10=854771,( '3
Pf.,;E 2,1:3
-------
LAW OFFICES
WARD. DAMON
& POSNER
.LOFISSlONAL AUOCIATION
_e. aoo..,.- e.pn.
~--II__4IIWnaILClJRI
........ uEAI:O'N mRda.Jl;.
wt:IIT IIUU.M II~"~ n.. :I~
"1"EI..:; ~5Ci 1) 842"3CCa .. FA:lC: (Sa 1 , 842-3626
June 4, 2003
Via U.s. Man ami Fae:simile
Michael J. PaweJczyk, Esquire
City of Boynton Beach
100 E_ Boynton Beach Blvti
Boynton Beach, FL. 33435
Re: Medical Arts Prafessionar CentP.r, Ltd. I PElmlsnent Certificate of OccupanC)
Dear Mike:
I altended the BoyntOn Be~ City Commission meeting 18$1 E:Vening. during'vtlict
time the Commission approved the Re:sotution allowing the firos h6dge to remain in j)lace,
and authorized the City Manger to execute the amendment tc, t\'1e Declaratiun o'
Covenants and Restrictions. Enc:losed, please find the original AiTP..nc1ed Dec:larati on 0'
Covenants and RestrictionS for llXBWlion by the City Managlill". the same copy of 1Ahich
with your revisions, was faxed ~ you on May 19, 2003. Once eJ03'''rtPrl by the, Citr
Manager, p\ease mail the original document to me in the em:lcsed lielf-ttddl'e3Sed
postage-paid envelope.
The Commission did not allowcliscussion on lheResoIution 8ndreitherMike F:umpr
nor myself had the opportuni1y to discuss, on the record. that item no. 25 tf thE,
Development Order shoYld now be officially deemed satisfied: I spoke to Mike RUr.lpf at
the meeting who seemed to feel i:hat deeming item 25 sa<tislietl woul,:j bl~ a formality sil'lQ'
the Commission already apprmmd the Resolution. Satisfyin!l item 110_ 25 will need to bE}
done quickly though because a deadline of June 9, 2003 was set by the Buildinn
Department
I ~dersland frgffi the buiUer of the project, \ratcar Con:lUItin~ 1:or:1p8l1Y, Ire th at thE!
only outstanding item left unsalinfied h no. 25 0I'l the onginal DevnklPnlertt Order, a cop~i'
of the order is enclosed. A Patl;ial CeI1ificate of Completion was issued on May 9. 200;\
and wm expire this Monday, Jlme 9, 2003 unless all the items listed on 'the F'artiill
Completion form are satisfied by that time (a copy of the Partial C')mpletion ftrm b
enclosed). ltern no. 2 on that document refereneeS the removal of the ficus hedge 1m c,
the only item not completed..
JUN-04-03 15:52 FROM:Goren' rof' Doody Ezrol
10:854771'" 3
P~GE :1.':::
---~.-
June 4, 2003
Page 2
Becal 'iewe are on a tight timeline. WOLIid you please be $0 kind to coominatH wittl
Mike Rumpf to contact tlle Building Department and authoriZe return of the develc'Pe(~;
$5,500.00 and $2.0s0.10 bOnds (copies of the developer's checks are enclosed) whidl
werw posted to insure the removal of the hedge and installation of in irrigation well and
pump, respectively. Please alSO authorize the Building Departmentl:o deem $8tisfiec~ itel11
no. 25 of the original Development Order and item no. 2 of the, Partial Certificate 01
Completion. Once authOrized, the BuildinQ Department will be free to issu'~ th<~
Permanent certificate of OccuIJanCY and an Unconditional Ceirtificllte ofComp dOli
fur the project.
Thank you fOr}lQUr prompt attention to thiS matter and please a:.ntact me to let m;
know that theSe items will not be a problem. Thank you.
VjVd~'
~~~-
Enclosures
cc: Dr. Surendra Sirpal
Vitcar Consulting
Mike Rumpf, Director of F'lanning and Zoning
a"" .. - - ~......-
Jun 04 03 03:15p CIt Attorne~Js Office
08/04/03 15:08 FAX 561 842 3626
561- ~-6054
I' ' 1
------,---------.----- -
1lI00l/! 1:1
c ~:;~~~ ~-~
& POSNER J
PROFESSIONAL ASSOCIATION
4oPO BEACON CIIl.Cl.'E
W~ST PALM DUeH, FL 3i3407
TEL: (5';') 842-3000' FAX: (56.) 842-3('26
FACSIMILE TRANSMISSION INFORMATION SHEET
Date:
June 4, 200::
To:
Mr, Mike Rurnpf, Director of Planning & Zoning
Firm/Company:
The City of i::oynton Beach
Facsimile Number: 742-6054
From:
...3..- including cover page
Nicholas E. f1ouyofJCaS, Esquire
Total pages:
Re:
Medical Arts Professional Center, Ltd.
MESSAGE
-
-~
Please see the attached I"llter to. Mike PawelcJ:yk dated this date,
Original [ J to follOW [XX) not to foHow by u.s. Mail
"you do not receive all pagres pleue conta.ct sender immedial'ely
Notice: 77Ie pages accompanying ',j,is jiicsimile transrriission contain IrifcmMtiOnfrom th~
law firm of Ward, Dwnon & Hnner, PA., which is C07!/ideri:tial or pnvlleged. The
injimnation is Intended to befor /fIe use of the tndiuidual or entity named en this cover sheet.
If you are not the intended recipient, be (lW(lre thCJt any disclosure!, coP'Jing, distribution or
use of the contents of this information Is prohIbited. ~fyou haw recet~e~ tI1isfacsimile in
error, please notifi.J us by telephon~ immediately so thaI" we can al'rang'~ Jor the retrieval oj
the ort nal dOCllmenli at no cost t~~
Jun 04 03 03:15p Crt Ittarne~'s Office 561-' -6054
UU/04/03 15:08 FAX 561 842 3626
1',2
Iil 002l( I 3
I '~~~. ~~~~~ -;I
, & POSNER
~,~'SSIONAL ^550C~~
Nicholas E.1!clujDuCU, E......
~,cam
.4:1g .EAGaN ~1"~Lr.
wr::aT ~"LM 8I1iiAI:H. f"L 3.340"
T;::L:IS61:'1!II42a300D. rA)t;fS61111i1'4a-3!i26
June 4, 2003
Viii U.S. Mail and Facsimile
Michael J Pawelczyk, Esquire
City of Boynton Beach
100 E, Boynton Beach Blvd.
Boynton Beach, Fl 33435
Re: Medical Arts Professional Center, ltd, I Permanent Certificatl! of Occupancy
Dear Mike:
I attended the Boynton Beach City Commission meeting last e'lenin!~, during whic,
time the Commission approved ~'le Resolution allowing the fiCO!l hedne to remain in plac ~
and authorized the City Mangnr to execute the amendment to the iJeclaration c,f
Covenants and Restrictions. En(~osed, please find the original Amended Declaration c-f
Covenants and Restrictions for execution by the City Manager, the same copy of whict '.
with your revisions, was faxed to you on May 19, 2003, Once e:(ecutlld by the Cit(
Manager, please mail the original document to me in the ElnclOlle~ self-addressee,
postage-paid envelope.
The Commission did not allow discussion on th3 Resolution and neither Mike Rumf,f
nor myself had the opportunity to discuss, on thl~ record, that item no, 25 of !h,!
Development Order shOuld now he officially deemed satisfied. I spoke to ,\/like Rumpf ~ t
the meeting who seemed to feellllst deeming item 25 satis'ijed would D! a formalitl/ sinol
the Commission already approwd the Resolution. Satisfying item n<l. 2S 'NiII need to b,
done quickly though because :;1 deadline of June 9, 2003 was ~;el bl' the Buildin!l
Departmenl
I understand from the builder of the project, Vit,::ar CCflsull:ing Co~'pany, Inc. that th"
only outstanding item left unsati!:lied is no. 25 on the original DElvelol'rTIenl Order, a COP' /
of the order is enclosed, A Parlinl CertificatEI of Completicn WSIS isslJed on May 9,2001
and will expire this Monday, June 9, 2003 unless all the items IIs13d on the Partlsl
Completion form are satisfied t~, that time (a copy of the Partial C'lmpletion form i:i
enclosed). Item no. 2 on that document references the removal ofth'~ licu'; hedge and i;;
the only item not completed.
Jun 04 03 03:15p CIt Attclrne~}s OPPice 561-
vV' U~'U~ ~a;UG tAA ~61 842 3ij28
2-6054
1',3
--.--
-------- --
raJOOJ/( I.'
June 4, 2003
Page 2
Because we are on Ii tighl timeline, would you please be so kinelto '::oordinate wil h
Mike Rumpf to contact the Building Department and authorize retul.n of lhe developer s
$5,500.00 and $2,080,10 bonds (copies of Ihe developer's checks are enclosed) which
were posted 10 insure the remo~al of the hedge and installation of an irrigation well and
pump, respectively. Please also authoriz:e the Building Department tl~ deem sallsfied, item
no, 25 of the original Development Order and item no. 2 of the ?~Irtia I Certificate of
Completion. Once authorized. the Building Department will bo freE! to Issue the
Permanent Certlficate of OCCllIJ8ncy and an Unconditional Certificate of Completion
for the project,
Thank you for your prompt allention Ie this mailer a'ld please C(lntact me tCl-let m 9
know that these items will not bo a problem, Thank you.
~very tr~UIY yours/? b?~
..~~----
A hosE.~~as
Enclosures
cc: Dr. Surendra Sirpal
Vitcar Consulting
Mike Rumpf, Director of Pianning and Zoning
S:\UMlUN~""gyllLa."
~f, Michael
~l((;..
'..(J /."'"-~ ~
~ f"'/.. ~ fV'C " "i
From:
Sent:
To:
Cc:
Subject:
Pawelczyk, Michael [mpawelczyk@cityatty,com]
Tuesday, May 13, 2003 10:18 AM
Rumpf, Michael; Hallahan, Kevin
Cherof, James; Lamanna, Rosemarie; Bressner, Kurt
Alhambra - Medical Arts Professional Center
Following up on our meeting last week with attorneys for the developerrs
attorneys, Conrad Damon and Nick Bouyoucas, see below:
1. At issue is Item 25 of the Development Order (as taken from
the Stipulation and Settlement Agreement) I which requires and states,
llConstruction of the six foot zoning boundary wall shall be coordinated with
the governing association of the adjacent residential property and the
existing buffer hedge shall be removed and replaced with sod and landscaping
to the specification of the governing association at no cost to the
governing association."
2. Mr. Damon is in the process of finalizing an Amendment to
the Declaration of Covenants and Restrictions. Boynton Leisureville
Community Association has already executed a Certification requesting that
the hedge remain. Mr. Damon is supposed to be sending this document to us
for review and has asked that the City "join inll on the Declaration
Amendment. I will be following up with Mr. Damon tomorrow if I have not
received the Proposed Amendment. Since the original Declaration and the
Amendment will not govern or restrict the rights of the City, the City can
agree to llconsent to" or "have no objection" to the Amendment to
Declaration, rather than "joining in" as a party. Such action would require
City Commission approval. I would foresee this being a consent item
supported by a resolution consenting to the Amendment to Declaration
(Certification from Boynton Leisureville will be an attachment to the
resolution)
3. To deal with the issue of the Court's retention of
jurisdiction over the Stipulation and Settlement Agreement, we suggest
filing with the Court the Resolution Consenting to the Amendment, the
Certification from Boynton Leisureville evidencing their request that the
hedge remain, and the Amendment to Declaration once finalized.
4. The developing party has requested that this matter be
considered by the City Commission at its first meeting in June.
5. There may be an issue that arises with respect to the
issuance of a Certificate of Occupancy, since this hedge removal requirement
is a condition of approval. If this does arise, the building official could
issue, if warranted, a temporary c.o. under the City'S current policy of
requiring a bond in the estimated amount necessary to comply with the
particular condition(s) .
The above is an overview of what is happening with the subject property.
Should anyone have any other suggestions or wish to discuss the same
further, please do not hesitate to contact me.
Michael J. Pawelczyk
Assistant City Attorney
GOREN, CHEROF, DOODY & EZROL, P.A.
3099 E. Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Tel. 954.771.4500
Fax 954.771. 4923
Rumpf, Michael
From:
Sent:
To:
Subject:
Pawelczyk, Michael [mpawelczyk@cityatty,com]
Tuesday, June 03, 2003 9:01 AM
Rumpf, Michael
FW: Medical Arts
Thanks and I do not disagree. Nick Bouyoucas representing the applicant
posed the question and may want this point quickly clarified on the record
this evening.
> -----Original Message-----
> From: Lamanna, Rosemarie [SMTP:LamannaR@ci.boynton-beach.fl.us]
> Sent: Tuesday, June 03, 2003 8:56 AM
> To: 'mpawelczyk@cityatty.com1
> Subject: FW: Medical Arts
>
>
>
> > -----Original Message-----
> > From: Rumpf, Michael
> > Sent: Monday, June 02, 2003 5:17 PM
> > To: Lamanna, Rosemarie
> > Subject: Medical Arts
> >
> > For Mike P.
> >
> > Mike, correct I do not believe we need to amend the development order as
> > it references the settlement agreement which if changed would supercede
> > the comment. Also, the bottom line is the effect is the homeowners say
> > what is installed. MR.
> >
> > "Stipulation and Settlement Agreement: Construction of the six-foot
> > zoning boundary wall shall be coordinated with the governing association
> > of the adjacent residential property and the existing buffer hedge shall
> > be removed and replaced with sod and landscaping to the specifications
> of
> > the governing association at no cost to the governing association. II
1
jifc F1~.;{yf~
r"-li,
-+- AI ~~G~
5"'-I/-k'n?Z-r,-f
CITY OF BOYNTON BEACH, FLORIDA
MEMORANDUM
TO:
Michael Rumpf, Director of Planning & Zoning
Kevin Hallahan, Forester
CC:
Janet Prainito, City Clerk
rr9(
FROM:
Michael J, 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 documenl 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.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 -3D.doc
07/24/03 10:17 FAX 561 84~ 3626
~002
LAWOFFICES
WARD · DAMON
& POSNER
PROFESSIONAL ASSOCIATION
4420 BEACON CIRCLE
WEST PALM BEACB, ll'L33407
TEL: (561) 842-3000' FAX: (S61) 842-3626
WWW.WCIr1:imzlJtOll.com
Nicholil5 E. Bouyoucll5. Esquire
nbOUYOUcas@warddamon.cotn
July 24, 2003
Via Facsimile (954-771-4923)
Michael J. PawelC:Zyk, Esquire
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Re: Medical Arts Professional Center, lid. I Recorded eopy 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, Ine'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 contactlng.
cc: Dr. Surendra Sirpal
Vitcar Consulting
$;\~"'__'~~"'.lb.dac
07/24/03 10:17 FAX 561 842 3626
--'-'-
-------
raJ003
R-0'3-0'f.e>
1111111111I i D ID III 011110 II
Conrad Damon. Esq.
Ward, Damon & Posner, P.A.
4420 Beacon Circle. Suite 100
West Palm Beach, FL 33407
WC#37
07/17/20iJ 15.49.4& 20030421671
OR BK l5S4S P6 0839
Palm Bea~h County, Florida
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 ("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
07/24/03 10:18 FAX 561 842 3626
~004
BOOK 1:>545 PAI3E 11840
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 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 1\1 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 (i.e. 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
01/24/03 10:19 FAX 561 842 3626
IaJ 005
BOOK 15545 PAGE fil8It 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 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
~fL4~'J
~~ l ~ _
~
By: Hematology Oncology Associates
Properties, Inc., a Floriqa corporation,
as its General Partner
By: ~ j:--(
Name: Surendra K Sirpal
TItle: President
,
"I-I';:,.
~/(p~
~. '/M,J;J n. H""J~~ . n
"OQp~~.~
,........W-G . ......L.5H
'. -J .~~_:.. .
Boynton Leisureville ComT!Wni~ ~~.,: ~>~/\
Association, Inc., a Florida noUor- prOflf," " ,. <":,;\
corporation ~ .:; ::i ;".,:,:,- .', -.:: :.. '
.' -. -
:. ~~ ~ :~...... ..-~. . ::' -...;'
,..,.:,,-~:~~:.;.::., ..,"
"
resident & Dire-ctcr,,,'
T4'y~e CO.5Te)/A
~S5fl1
~ I.A ..d.L)
~~
CII'I'~
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
07/24/03 10:19 FAX 561 842 3626
1aJ006
01/15/03 09:17 FAX 561 842 l6.
---.
liIIoos
BOCK 155't:) PAGE lll8"l2
hedge referred to in such Declaration need nat be removed, and further agreeing
that its Development Order dated AugLl5t 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 Declaratio!'l of Covenant\! and R.estrictions for Alhambra
Square, heretly joins herein for the sole purpose of consenting to the foregoing
amendment to the Declaration of Covenants and Restrictions for Alhambra
Square.
1dW~
~A'H_.s~6 . n
nOQ. ~
I ""~~ t~'SH
MEDICAL ARTS PROFESSIONAL
CENTER, L TO.. a Florida limited
partnership
,. -
By: Hematcllogy Oncology Associates
Properties, Inc., a Florir;ta corporation.
as its General Partner
By: ~ t--r
Name; Surendra K. Sirpal '.
Trtle: President ~'"""''''
~r;.'. """
'R"I~ .-:1 A!.s,,~ /".~,
Bo~n. Uelsureville. ~~a>':{~\
AsSOCiation, I!v" a Flonda IJ~~~"I'~~' "?':..\~~;.
corporat,.on r-' ili ..,.. "'S .\:~";..-"E
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City of Boynton Beach
B~~
KURT BRtsSNER
em r,lANAGER
BOYNTON BEACH, FL
RSPB, LLC, a Florida limited liability
company and successor i!'l interest to
Alhambra Square South and Alhambra
Square ACLF
By:AI~)zC~
3
n7/24/03 10:20 FAX 561 842 3626
~007
BOOK 155't5 PAGE 88Il3
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this /~ ~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 TD, who
X is personally known to me OR
produced
~~ JUDnH lEITB.BAUM
~.. ~ MYCCIIMlSS1cH' llIl1_
...,,~ ElIl'IlE8:~lIf,l!lIDII
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tary Pu c 'rA ,/ /
rint Name:.:rLld, -,-;;;. j.c:./~ ~
My Commission Expires: /)JJ ~~ ~b
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~-!tJay of
T ~..-e . 2003, by SYLVIA HUHMAN, as President and Director of Boynton
Leisureville Community Association, Inc., who
\,
is personally known to me OR
V produced t>. L.;~<..
~'I\ _E"",-
. ~ . My CorIlniuIalI C01I13S112
~..';/ ~ Nm.emb.. ar 2llCIl
a identification.
ubli
P - t Name: Ni'ri,,,J"i (' ~ 4,p"t::-4..S"
My Commission Expires: /Jr.'l/~""I..t:- '7, '2Lit, c:;.
STATE OF FLORIDA
COUNTY OF PALM BEACH
~ The foregoing instf}!.ment was acknowledged before me this ~-tJ.. day of
_J./IA.il- , 2003, by ~ I/IJMtn . as ~ A1a-t<~V\.. of
ily of Boynton Beach, who
V;; personally known to me OR
produced as identification.
QttlQfV1~.(; ~MML-
Notary Public
Print Name: e'oseoorr e. La.1Wl.1'1 tl-a.....-
My Commission Expires:
I':1\: Rose -- '-"mIl
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'01/15/03 09: 18 P,U 581 84 J28
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BOOK 15545 PASE liMit
Dorothy H. Wilk~ll. Cl~rk
STATE OF FLORIDA
COUNlY OF -Aw dfi4<...4-
The foregoing instrument was acknowledged beiclle me this Jd!day of
.1)Li ,2003. by 1.4/11.' 811l"",AJc,H~ . as of RSPB,
LLC as owner of and successor to the interest of Alhambra Square South and
Alhambra Square ACLF, who
~ is personallv known 10 me OR
produced as identification.
~i.J rLu-. /J1~
, ~~ Public
Print Name: /.t;SUf. #1. J../~~
My CQmmisSi~" Expires: Mll/ ~ 1 ~(;
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GOREN, CHEROF, DOODY & EZROL, P.A.
ATTORNEYS AT LAW
SUITE 200
3099 EAST COMMERCIAL BOULEVARD
FORT LAUDERDALE. FLORIDA 33308
SAMUEL S. GOREN
JAMES A. CHEROF
DONALD J. DOODY
KERRY L. EZROL
MICHAEL O. CIRULLO. JR
TELEPHONE (954) 771.4500
FACSIMilE (954) 771-4923
JULIE F. KLAHR
LINDSEY A. PAYNE
DAVID N. TOLCES
MICHAEL J. PAWELCZYK
STEVEN L. JOSIAS, OF COUNSEL
December 13, 2002
VIA FACSIMILE ONLY 561-842-3626 (3000)
Nick Bouyoucas, Esq.
Ward, Damon & Posner, P.A.
4420 Beacon Circle
West Palm Beach, FL 33407
RE: Medical Arts Professional Center, Ltd.
Dear Nick:
This shall confirm our telephone conversation of December 11, 2002, in which you indicated that
once you have heard from your client you would be contacting me to assist in making
arrangements for a meeting amongst your clients, appropriate members of the City Staff and
respective legal counsel. This matter concerns your request to amend the Declaration of
Covenants, Stipulation and Settlement Agreement on Case No. CL-89-6178-AN, and the
Development Order for Alhambra Square Properties to provide that the existing buffer hedge
shall not be removed.
I look forward to working with you in order to review what needs to be done to accomplish the
purpose outlined in Mr. Damon's letter of September 23, 2002. Finally, please be advised that
any amendment to the Development Order and the Stipulation and Settlement, is, of course,
subject to the approval of the City Commission.
DES 6 ~;JD2
.
~
December 13, 2002
Page Two
Should you have any questions or wish to discuss this matter further, please do not hesitate to
contact me.
MJP:kvb
cc: Kurt Bressner, City Manager
Quintus Greene, Director (Development/Department of Administration)
Mike Rumpf, Director (planning & Zoning)
James A. Cherof, City Attorney
H:\1990\900182.BBILETTERIBouyoucas. Nick (Med Arts ProfCntr) ItrI.doc
VITCAR CONSULTING CO., INC.
1300 NW 17th Avenue, Suite 278
Delray Beach, Florida 33445
Tel 561.278.6800
Fax 561.278.6857
E-mail Vitcar@aol.com
November 15, 2002
City of Boynton Beach
100 E, Boynton Beach Blvd.
P,O. Box 310
Boynton Beach, Florida 33425
Attn: Mr. Kevin Hallahan - Environmentalist Planner
RE: Medical Arts Professional Center
Dear Kevin:
In accordance with our pre-construction meeting of November 13, 2002, please find the
following correspondence/agreements that my firm has with Boynton Leisureville
Association, Inc, and Mr. and Mrs. John Ciaccio, one of the residents affected by the
utility easement:
1. Vitcar Consulting Co" Inc, letter of August 15,2002.
2, Boynton Leisureville Association, Inc. letter of August 26, 2002,
3, Vitcar Consulting Co" Inc. letter of September 20,2002 with agreement
between owner and Boynton Leisureville Association, Inc.
4. Vitcar Consulting Co., Inc. Letter of Authorizalion dated November 4, 2002,
ave any questions.
cc: Mr. Don Johnson, C.B.O,
.,
,:')o'J
",
"-
VITCAR CONSULTING CO., INC.
1300 NW lib Avenue, Suite 278
Delray Beach, Florida 33445
Tel 561.278.6800
Fax 561.278.6857
E-mail Vitcar@aol.com
November 4, 2002
Mr. and Mrs. John Ciaccio
2304SW21S'Way
Boynton Beach, FL 33426
LETTER OF AUTHORIZATION
Dear Mr. and Mrs. Ciaccio:
Please be advised that this letter shall serve as your authorization to allow the following
construction work to occur on your property located at 2304 SW 21 st Way, Boynton
Beach, Florida, 33426,
I. Vitcar Consulting Co., Inc. will install the new 8" waterline pipe and
connections through the recorded utility easement along the south and west
end of your property line.
2. The existing ficus hedge will be maintained along the west property line; a
10'-12' section of the existing ficus hedge along the southwest comer may be
disturbed due to the waterline connection. If disturbed, all attempts will be
made to replace this hedge with the same material as may be available in
height.
3, It is understood by all parties that a portion of the grass area that runs along
the existing utility easement (presently staked out) will be utilized for
excavated material until such time that the waterline installation is completed
and approved by all municipal agencies having jurisdiction.
4. Upon completion all disturbed lawn areas will be cleaned and replaced.
Vitcar Consulting Co., Inc. will also clean all walls adjacent to the
construction area. It is expected that his work will require up to a two (2)
week construction period ifnot sooner. Vitcar Consulting Co" Inc. will give
Mr, and Mrs. Ciaccio one week's notice prior to commencing work.
Vitcar Consulting Co., Inc.
November 4, 2002
Mr. and Mrs, John Ciaccio
Letter of Authorization
a res below evidence both your acceptances ofthe above.
Anthony PoIera
Vice President
cc: Mr. Mike Weadock
Boynton Leisureville Association, Inc.
STATE OF FLORIDA )
COUNTY OF Wm frtU.0 ~ ss.
r
,1:-'!i.'~~?:;,.. VERONICA 0, NAVARRO
;,./"Ji.\", MY COMMISSION # DO 143445
~,,,i!li!!,.,y EXPIRES, Oelober 17, 2006
"'~',9r;,r,..~" BondedThru Nolary Public Underwrilers
'-/I-v,
day of AJ(!'1JP#1b-eR-
.$worn to and subscribed before me this
V w~o is personalIy kn~ me or who ha
identification and who did/did not talce an oath,
as
My commission expires:
STATE OF FLORIDA )
COUNTY OF /JJf,;., 'fy~ ~ ss. __.
~orn to and subscribed before me this ~ day of ;f/A/{'R(kd:
who is personalIy known to me or who has pro
identification and who did/did not talce an oath,
My commission expires: Ie{
,1;"1i.'~~'i),. VERONICA 0, NAVARRO
!.i"Ji.".,,;, MY COMMISSION # DO 143445
'%:Jt~~4 EXPIRES: Oelober 17, 2006
. "",W"f,i.." BondedThruNolaryPUblicUndt!rwrilers
2
VIrCAR CONSULTING CO., INC
1300 NW 17th Avenue, Suite 278
Delray Beach, Florida 33445
Tel 561.278.6800
Fax 561.278.6857
E-mail Vitcar@aoLcom
September 20, 2002
Hematology Oncology Associates
4685 Congress Ave" Suite 200
Lake Worth, FL 33461-4710
Via Facsimile 561.967,5005
Attn: Surendra K. Sirpal, M,D,
RE: Medical Arts Professional Center
Dear Dr. Sirpal:
Enclosed, please find a copy of the executed Certification by Boynton Leisureville
Community Association, Inc, dated September 20, 2002 for your records,
I will hand deliver the original to Mr, Conrad Damon at my Monday meeting,
Please call me if you have any questions,
Very truly yours,
Anthony Polera
Vice President
cc' Conrad Damon, Esq,
CERTIFICATION BY BOYNTON LEISUREVILLE
COMMUNITY ASSOCIATION. INC.
KNOW ALL MEN BY THESE PRESENTS:
A. The undersigned, BOYNTON LEISUREVILLE COMMUNITY
ASSOCIATION, INC. (the "Association"), is the governing association of the real
property which is adjacent to Alhambra Square North, as is more particularly set
forth in that certain Declaration of Covenants and Restrictions for Alhambra
Square dated May 7, 1991 and recorded in Official Record Book 6895, page
1431 of the Public Records of Palm Beach County, Florida (the "Declaration"),
B, The Declaration contains therein certain construction and development
conditions and requirements concerning the following described real property
referred to in such Declaration as Alhambra Square North:
A parcel of land in Section 32, Township 45 South, Range 43 East,
City of Boynton Beach, Florida, Palm Beach County, more
particularly described as follows:
The East 460 feet of the West 510 feet of the North 380 feet of the
South 420 feet of the Northwest Y. of Section 32, Township 45
South, Range 43 East, City of Boynton Beach, County of Palm
Beach, Florida, less and except lands described in Official Records
Book 5402, page 670,
(the "Property")
C, Hematology Oncology Associates Properties, Inc, ("HOAP") is the owner
of and about to develop the Property, and has been coordinating its construction
and development with the Association, and the Association has reviewed the site
plan and other documents submitted to the City of Boynton Beach for a building
permit to build a 42,824 square foot, single story office building on the Property,
NOW THEREFORE, to assist Hematology Oncology Associates
Properties, Inc" their successors and/or assigns in obtaining a building permit for
the Property, the Association hereby certifies that at the present time, and based
upon the construction plans which it has reviewed for the Property, and its
communications with the builder for HOAP, the Association is satisfied that:
1,
height.
The building on the Property will not exceed two (2) stories in
2, Satisfactory arrangements have been made to locate all dumpsters
away from the adjacent residential areas.
3. A six (6) foot zoning boundary wall will be constructed on the
Property, and the construction has been coordinated with the Association.
However, rather than remove the existing buffer hedge in accordance with the
terms of the Declaration, the Association has requested that HOAP leave the
existing buffer hedge in place, and hereby waives the requirement to remove
such hedge and replace it with sod and landscaping, as is otherwise set forth in
the Declaration, HOAP has agreed to accommodate the Association in this
request, provided it can obtain the consent and approval of the City of Boynton
Beach in connection therewith.
4, The design and plans for installation of the lighting in the parking
areas is such that it will not shine directly into the adjacent residential area,
The purpose of this Certification is to evidence that HOAP, as developer of
the Property, has cooperated with and has coordinated its construction efforts
with the Association, such that it appears that all of the conditions and
requirements of the Declaration regarding construction on the Property have
been or are being satisfied, Nothing herein shall be deemed to waive such
requirements in connection with the actual construction to be performed on the
Property in the future, with the exception that the Association does not wish for
the existing buffer hedge to be removed,
Witnesses:
Boynton Leisureville Community
Association, Inc., a Florida not for profit
corporation
--m;;uJ
STATE OF FLORIDA
COUNTY OF PALM BEACH
ci/ scf/ The foregoing instrument was acknowledged before me this ~ day of
~Al:l!,lU3t; 2002, by SYLVIA HUHMAN, as President and Director of Boynton
Leisul}YiHe Community Association, Inc., who
,/ is personally known to me OR
2
produced
S:\Users\CD\Sirpal\DOCUMENT\CertificationBLCA.doc
/ oJ"'.
In! Name: V('rMJJ:o""l
Notary Public ,"'d'~ Veronica 0 Nav.H"
My Commission Expires: * *My Commission CCm080
111\ .. ober 17, 2002
3
~ ~
Boynton
::t~JrD4?1J(;l1e
1807 s,w, 18th Street
Boynton Beach, FL 33426
(561) 732.2307
An Adult Community Since 1975
August 26, 2002
Vitcar Consulting Co., Inc,
1300 NW 17th Ave.
Suite 278
Delray Beach, FL 33445
Alln: Anthony Polera - Vice President
Re, Medical Arts Professional Center
Dear Anthony:
In response to your letter dated August 15th Your firm is in full agreement with
our request to power wash the roofs of all residents that immediately border the
property on the north and east sides of the project site, Below is a list of the
affected residents addresses.
2304SW 21st Way
2302 SW 21st Way
2300SW 21st Way
2204SW 21st Way
2202 SW 21 st Way
2206SW 22nd Ave.
2204SW 22nd Ave.
2202 SW 22nd Ave.
2113SW 22nd Court
2115SW 22nd Court
2117SW 22nd Court
2205SW 22nd Way
2203 SW 22nd Way
2201 SW 22nd Way
If you have any questions please feel free to contact me.
Sincer,e, IY;r, .
. ! /t~ 5h 0/
Wilburl~~L:: U~f/l-'~
President
Boynton Leisureville
Community Association
VITCAR CONSULTING CO., INC
1300 NW 17th Avenue, Suite 278
Delray Beach, Florida 33445
Tel. 561.278.6800
Fax. 561.278.6857
E-mail Vitca1@aoLcom
August 15, 2002
Boynton Beach Leisureville Association
1807 SW 18th Street
Boynton Beach, FL 33426
Attn: Mr, Bill Lynch - President
RE: Medical Arts Professional Center
Dear Mr, Lynch:
It was a pleasure meeting with you and members of the board to discuss the new Medical
Arts Professional Center project. The following will confirm key points of our meeting,
I. We reviewed and believe that we have clearly responded to the issues
regarding the design of the site lighting so that it does not shine directly on the
adjacent residences; the site lighting will be placed on a timer so that all
lighling will extinguish by I I: OOpm; and the dumpster walls have been located
away from the residential area and is in proximity to the firehouse at the
northwest corner of the site,
2, The new six foot high precaste boundary wall will be constructed as outlined
on the drawings, It was requested that the existing approximate eight foot
hedge which presently borders on the north and east elevations remain in place
and be trimmed down to the top of the six foot precaste wall height once the
wall is completed, This work will be performed totally at the expense of my
firm, Timing and coordination of this work will be discussed with you in the
upcoming months,
3. Due to the potential for dust and dirt that will ensue from the construction
activities, my firm is in full agreement with your request to power wash the
roofs of all residences that immediately border the property on the north and
east sides of the project site, You will provide me with a list of the addresses
for the homes affected, It is understood that the power washing of the roofs
will not take place until after we have completed the paving of our site,
4. As I explained, we intend to provide a construction chain link fence around our
site for security purposes, Also, it will be inevitable that during the course of
construction, we will be working up to six (6) days a week, but will do so in
accordance with all City of Boynton Beach requirements,
If you should have any questions of myself or of the architect, please do not hesitate to
conlact me immediatel
cc, Dr. Sirpal
Jennifer Evangelist, PGAL
Via Facsimile
2
~f, Michael
From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Thursday, October 17, 2002 2:09 PM
Cherof, James
Galav, Lusia; Johnson, Eric
Amendment to Alhambra North Settlement
Jim, I have reviewed the proposed changes to the Alhambra Square North Settlement Agreement that allow the existing
ficus hedge to remain, against the approved Medical Arts Professional Center site plan, and my comments are as
follows:
1) The development order must be modified to eliminate the requirement to remove the hedge consistent with the
settlement;
2) I would recommend that a provision be included to address possible unavoidable harm to, or pruning of, the hedge
done by the wall construction or in preparation for;
3) Allow a precast wall which may have less of a foundation and therefore possible impact on the hedge (amend
condition #20 requiring stucco on both sides if the preferred wall would not have stucco);
4) Require minor modification of the approved site plan showing hedge to remain, and cross-section indicating
relationship of internal landscaping, wall and hedge to me maintained;
5) I would recommend that provisions be included clarifying maintenance responsibility of the hedge,
Jim, my main concerns regard completing the site plan as approved, The survey shows the hedge on the property line
and at 3 feet wide, So if one-half of the hedge is on the subject site, and with a 2 foot setback min, for the wall, we have
only one-half foot of surplus space between the wall and hedge, Although there should be physical space, construction
of the wall could still damage or impact the hedge thus weakening its buffer quality, I hope to avoid being the sounding
board for residents who see the hedge impacted by construction.
Mike
1
CcAYly
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Quintus Greene, Director (Development/Department of Administration)
Mike Rumpf, Director (Planning & Zoning)
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
~ '.~"'L t>o.-
PU':','i~lG A~m
Zl'i:i,' "~; ~f PT
CC:
Kurt Bressner, City Manager
FROM:
James A, Cherof, City Attorney ""'" .
Michael J. Pawe1czyk, Assistant City Attorney ~ =:X
City of Boynton Beach / Alhambra Square North property
(Medical Arts Professional Center, Ltd.)
RE:
DATE:
October 10 ,2002
Attached are copies of the following documents that have been received or generated in
connection with a request from attorney Comad Damon to amend the Declaration of Covenants
and Restrictions for Alhambra Square North to provide that the existing buffer hedge not be
required to be removed per the consent of Boynton Leisureville Community Association, Inc,:
1. Copy of letter dated September 23, 2002, from Comad Damon, Esq., including
attachments referenced therein;
2. Copy of Stipulation and Settlement Agreement in Case No. CL-896178-AN [please note
Section l1.a.(3)];
3, Copy of the Development Order for Alhambra Square properties;
4, Copy of letter dated October 4,2002, from Comad Damon, Esq.; and
5. Copy of letter dated October 10, 2002, from Michael J, Pawelczyk, Esq, to Comad
Damon, Esq., providing him with the information requested.
Please review the amended Declaration of Covenants and Restrictions provided by Mr. Damon
and provide me with your comments and suggeslions. I anlicipate that this item would need to
be brought to the City Commission for consideration and approval. To accomplish what is being
requested of Boynton Leisureville and Mr. Damon, it appears that the Stipulation and Settlement
Agreement would have to be amended and approved by the Court, the Development Order would
have to be amended, and the Declaration of Covenants would need to be amended, and
thereafter, recorded in the public records of Palm Beach County, Florida,
.
Page Two
I look forward to your response in the next week, so that I may respond to Mr. Damon with our
comments. Should you have any questions or wish to discuss this matter further, please do not
hesitate to contact me,
MJP:kvb
Attachments
H:\1990\900182.BB\MEMO 2002\Greene (Alhambra Square North).doc
~f, Michael
From:
Sent:
To:
Cc:
Subject:
Rumpf, Michael
Thursday, October 17, 2002 2:09 PM
Cherof, James
Galav, Lusia; Johnson, Eric
Amendment to Alhambra North Settlement
Jim, I have reviewed the proposed changes to the Alhambra Square North Settlement Agreement that allow the existing
ficus hedge to remain, against the approved Medical Arts Professional Center site plan, and my comments are as
follows:
1) The development order must be modified to eliminate the requirement to remove the hedge consistent with the
settlement;
2) I would recommend that a provision be included to address possible unavoidable harm to, or pruning of, the hedge
done by the wall construction or in preparation for;
3) Allow a precast wall which may have less of a foundation and therefore possible impact on the hedge (amend
condition #20 requiring stucco on both sides if the preferred wall would not have stucco);
4) Require minor modification of the approved site plan showing hedge to remain, and cross-section indicating
relationship of internal landscaping, wall and hedge to me maintained;
5) i would recommend that provisions be included clarifying maintenance responsibility of the hedge,
Jim, my main concerns regard completing the site plan as approved, The survey shows the hedge on the property line
and at 3 feet wide, So if one-half of the hedge is on the subject site, and with a 2 foot setback min, for the wall, we have
only one-half foot of surplus space between the wall and hedge, Although there should be physical space, construction
of the wall could still damage or impact the hedge thus weakening its buffer quality, I hope to avoid being the sounding
board for residents who see the hedge impacted by construction,
Mike
1
~{"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 02-207
TO:
Technical Review Committee Members
FROM
Marshall Gage, Police Chief
Jeff Livergood, Public Works Director
John Wildner, Parks Director
John Guidry, Utilities Director
Mike Rumpf, Planning & Zoning Director
Steve Gale, Deputy Fire Chief ~
Don Johnson, Building Official it~
September 26, 2002
DATE:
RE:
ISSUANCE OF CERTIFICATE OF OCCUPANCY
PROJECT NAME: MEDICAL BUILDING
ADDRESS: 250 SE 23RD AVENUE
PERMIT #: 01-4018
CONTRACTOR: BSA CORPORATION
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- I! I;'
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The above referenced project is nearing completion, Prior to the Building Division issuing the
Certificate of Occupancy, I would like to ensure that you do not have any outstanding or pending
conditions concerning this site that must be rectified (excluding issues that are covered entirely
with a City approved surety),
If any outstanding conditions are related to permits issued by the Building Division, please
provide this division a memorandum containing a description of the unresolved conditions. If
the unresolved conditions are not permit related, please notify the owner or the owner's agent to
ensure that the matters are rectified.
Please respond to me, within ten (10) days, in order that we may proceed in a timely manner to
issue the Certificate of Occupancy, No response is necessary if your department is satisfied with
the current state of the above referenced site. Thank you for your cooperation,
DJ:rs
XC: Timothy K. Large, Building Code Administrator
Kevin Hallahan, Forester/Environmentalist
Frantz LaFontant, Engineering Inspector II
S:\Development\BUILDING\BulJding Code Administrator\TRC 10 DAY MEMOS\Medical Building ~ 250 SE 23rd.doc
~~
LAW
OFF
C E S
WARD. DAMON
& POSNER
PROFESSIONAL ASSOCIATION
4420 BEACON CIRCLE
WEST PALM BEACH. F'"L 33407
Conrad Damon
E-mail: cdamon@warddamon.cOTh: (561) 842-3000 . FAX: (561) 842-3626
September 23, 2002
,If??
? ~:r,j02
~ diU
Via Facsimile: 742-6054 and U.S. Mail
James Cherof, Esquire
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
,
h,
-'.., ,-,",
Re: Medical Arts Professional Center, Ltd.
Dear Mr. Cheraf:
I am counsel to Medical Arts Professional Center, LId., which is developing a piece of
property in Boynton Beach previously known as "Alhambra Square North", Mike Rumpf suggested
that I contact you in connection with a development/title issue we have,
I have enclosed a copy of a Declaration of Covenants and Restrictions for Alhambra Square
which was dated May 7,1991 and recorded in Official Record Book 6895, page 1431 of the Public
Records of Palm Beach County, Florida, The Alhambra Square North parcel which is described in
such Declaration is the property which Medical Arts Professional Center, LId. is developing, The
Declaration implies in Section 1 thereof that its genesis was out of a Stipulation and Settlement
Agreement with the City of Boynton Beach, I have not seen, and I am not familiar with that
Stipulation and Selllement Agreement. I would appreciate if you could provide me with a copy
thereof.
Article III Section B of the Declaration contains certain limitations and conditions in
connection with Ihe development of Alhambra Square North. These conditions and limitations were
adopted verbatim into the City's Development Order dated August 9,2002, approving conslruction
of a 42,824 square foot medical office building, Article III B (3), among other things, requires the
construction of a boundary wall and the removal of an existing buffer hedge, both as coordinated
with Ihe governing associalion of Ihe adjoining residential neighborhood which is defined in the
Declaration as being Boynton Beach Leisureville Community Association, Inc, I have attached a
copy of a signed certification by the Boynton Leisureville Community Association, Inc. confirming
lhat Medical Arts Professional Center, LId, (through its general partner, Hematology Oncology
Associates Properties, Inc,) has complied with all of the construction requirements. However, as is
sel forth in such certification, the Boynlon Leisureville Community Association, Inc. has requested
that the developer NOT remove the existing buffer hedge as is otherwise required by the
Declaration
"
September 23, 2002
Page 2
Since this is a recorded requirement affecting title to the property, I believe that it is prudent
and necessary to amend the Declaration to remove the requirement for removing the hedge, And,
since I think that the City of Boynton Beach is an inlerested party in this issue, I think the City needs
to join in the amendment. I have enclosed a draft of an amendment to the Declaration, the form of
which has been agreed to by Boynton Leisureville Community Association, Inc. Would you please
review the Amendment and contact me with any questions or comments, I would like for the City of
Boynton Beach to sign the Amendment so that it can be recorded.
Additionally, I am concerned that since the original Declaration was executed by two
declarants, one for Alhambra Square North and one for Alhambra Square South, that I may need
the successor in interest to the declarants for Alhambra Square South to also join into the
Amendment. I'm not certain who this is, but I understand from Mike Rumpf that that property owner
has recently been working with the City of Boynton Beach about its own amendment to the
development requirements contained in the Declaration. Would you please direct me to the
Alhambra Square South party or the attorneys for that party, so that I can discuss having them join
in the Amendment.
Thank you for your attention to and cooperation in this matter,
CD/gaj
Enclosure
cc: Vitcar Consulting Co., Inc.
Medical Arts Professional Center
S:\Users\CD\Sirpal\CityBBltr .doc
Conrad Damon, Esq,
Ward, Damon & Posner, P,A,
4420 Beacon Circle, Suite 100
West Palm Beach, FL 33407
WC#37
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ALHAMBRA SQUARE, WAIVER AND CONSENT
Recitals:
A. HEMATOLOGY ONCOLOGY ASSOCIATES PROPERTIES, INC.,
("HOAP"), a Florida corporation, is the owner of the following described real
property located in Palm Beach County, Florida:
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 "HOAP Property").
B. The HOAP 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 contains certain
restrictions and conditions in connection with the development of the HOAP
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, HOAP is in the process of developing the HOAP 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
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 HOAP Property, HOAP has
approached and communicated with the Boynton Leisureville Community
Association, Inc. to coordinate with such governing association the development
of the HOAP 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 HOAP 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
i-
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 HOAP 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 III B (3)
of such Declaration for Alhambra Square, and Boynton Leisureville Community
Association, Inc. further expressly requests and agrees that HOAP, 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., HOAP agrees that in conjunction with its construction of the 6
foot boundary wall between the HOAP property/Alhambra Square North property
and the adjacent residential property (I.e. the Boynton Leisureville Community), it
will not remove the existing buffer hedge.
4. The City of Boynton Beach hereby joins in and 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 hedge referred to in such Declaration need not be removed, and further
2
, .
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. , 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:
Hematology Oncology Associates
Properties, Inc., a Florida corporation
Surendra K. Sirpal, President
Boynton Leisureville Community
Association, Inc" a Florida not for profit
corporation
By:
Sylvia Huhman, President & Director
City of Boynton Beach
By:
Alhambra Square South and
Alhambra Square ACLF
By:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
August, 2002, by SURENDRA K. SIRPAL, as President of Hematology Oncology
Associates Properties, Inc., who
3
is personally known to me OR
produced
as identification.
Print Name:
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
August, 2002, by SYLVIA HUHMAN, as President and Director of Boynton
Leisureville Community Association, Inc" who
is personally known to me OR
produced
as identification.
Print Name:
Notary Public
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
August, 2002, by , as of City of
Boynton Beach, who
is personally known to me OR
produced
as identification.
Print Name:
Notary Public
My Commission Expires:
4
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this _ day of
August, 2002, by , as owner of and successor to the
interest of Alhambra Square South and Alhambra Square ACLF, who
is personally known to me OR
produced
as identification.
Print Name:
Notary Public
My Commission Expires:
S :\Users\CD\Sirpal\Waiver&Consent2.doc
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(
01Il 6895 P1 1431
lJE~oJ{ or COVl!JIAHTS A1ID RXSTRICTIOIlS
FOR ~T:r:n.'Vm)a. SO{tJJ'Uf:
"
KNOM' .J.LL KRH BY "l'Bl!tBE P'RRSXM"1'S, "that th. underlignec1 Q"WnorB
ot the property d.scr~d. in the attached: Exhibit -A" (the
"Lands") on thi.
1t:
clay
of J1.~ 1991, for
I
~saiqn., hereby. declare that the
themselves, their successors and
Lands described herein are and ahall be held, trAnstenad, lIold,
conveyed and occupied subject to the covenants, restrictions and
limitations herelnatter set forth.
section 1.
ARTrCLE :r
RECITALS
The unders lqned owners have entered into a
stipulation and Settlement Agreement ~ the city ot Boynton
Beach, Florida for an amendment to the future land use elelllent of
the city's cOlDprehensive Plan and/or rezoning of the Lands as
fo11ows:
Alhambra Sauare North:
Alhambra Scnl 1'1 re South:
and
1\lhambra Souare ACLF:
l'll'I'lJRE IAllD
USE ET..EMENT
Office Commercial
iQIIIm
C-1 (office
professional)
section 2.
R-J (multi-
family) heLF
with no less
than 248
apart:lllents
As a cO::1dltion of said stipulation and
Mul ti-Family
Residential
Settlement Agreement, the undersigned e.gree to lupose certain
developmental limitations upon the use of the Lands.
Section 3.
It is the express intent ot the undersigned
to perpetually restrict (except to the extent pennitted pursuant
to the provisions o'! Article VIII hereinafter set forth) the use
of the. Lands for the bene!it ot the City of Boynton &each and for
persons or record owning adjacent real property to the ~ds (the
tlProperty Owners"), and for no other persons, in accordance with
the restrictions and liInitations set forth herein. The
"g.:::>verning associations, II of adj acent real property are as
follows: Boynton Beach Leisureville COm1DUnity Asscchtion, Ine..,
as to the Alhaml>ra Squllre North parcel, ane! Goltv1.- Harbour
1
LA'" O""lcr.a AOIlIUIT "-- 'UBI" . ..."00 ..Olln".......:!IT 1l0c..0. ""TON oov\.[v.."o. 5VlT~ 103..~ "..TOft. "lOl'l:'OA 3.JA31
1l0CA""TO" !"O"} ee...aOlilo . ....ll.T ""L.M ..:.Jt.CH (.007)738.03... ....O..."..DI30~)no.QOfle
FO'" , """""''-!, ,,~~'::s;
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';.....:~.io'J._.....:->;.........'.j...._-:':'.,..,.......~ ,__l..~,
~,"""""~-'-"'.
ORB 6895 P'i 1432
Eatat.. Bomeovnera Aasociation, Inc. :l.nd Goltviev Harbour
Estat.., Ino. , aa to the Alha.t:ilira square South and Al.hambra
squDre AClJ' parcals.
ARTICLll II
~L DY.SCRrPTTQN
The lands \ffilch arB B;1d shall be beld, transferred, Bold,
conv.yed and occupied subject to this Declaration are lIituat. in
Palm Be~ch County, Florida, within the city limits ot the city ot.
Boynton Beach aM are described in Exhibit "A- attachud hereto
and made a part bereof".
ARTrCLX III
DRVKI.o~AL T.TIITTJ..TTONS
A. fl'he str1Jcture or structures to be built on the
Lands shall conform ~with the :following requirements:
1. Alhambra Square North:
H6ight:
2 stories
2. Alhambra S quare South and
Alhalllbra Square ACLF
Height:
ACLF apart:ments:
Multi apa~ents:
2 stories
248
as per City zoning
B.
telIoving developmental limitations shall
The
apply to Alhambra Square North:
(1) No building shl:lll exceed two stories in
height I
(2) All. dUlllpsters shall be located away from
adjacent residential areas,
(3) There shall be constructed a six foot zoning
boundary vall between
Alhalilira square North and adjacent
single-tully are"-B.
Construction/landscaping ot. said boundary
vall/hedg8 shall be coordinated with the governing association ot
the adjacent residential property I and the existing butter b~dg.
shall b, rmnovec1 and repl,,-ced with sod and landscaping t~
speciricatloIUil ot the governinq association, all to be done At no
cost to the governing .association.
said approval shall be
governea by the pr.:>visions ot Paragraph C. (7) hereinafter set
torth:
2
........O,.,.'Ct!o IItOn:.IITA.. ~1J,(" . .700 "'OlrT...WJ.T .OC-A "ATO" DOUl,.['o'AItD. SI,I,TI; 'o.:'I,.oc.... "''''TO... "LO'"O'" )~3'
~ ""'1'0:'1 ("07!,Il...tDIlO . ...f:l!T ~"'l.'" ef:"'C" ,,"07} 73tl'O:toa . DIItO..AIlD 13~:sl7oo'.oaa
-,
Page 2 of 6
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(4) All llqht1ng in parking areaa .hall be
designed e.nd installed .0 at not to shine directly in to adjacent
residential .areas.
All lighting in parking areas ahall be
extinguisbed at. 11:00 P.M.J and
c. The rollo....ing developmental limitation. shall
apply to AlhaJ>bra squaro South and Alb9bra Square ACLl':
(1) No building shall exceed two stories in
height,
(:2) The root' pitch shall not be steeper than
4/12;
(3) All dmpsters shall be located away .from
adjacent residential areas, and the dUI:lpsters shall be located at
least one hundred teet tram the :south property line ot the
Alha~ra Square South and Alhambra Square ACLF parcels 1
(4) All ligbting in aree perking shell be
designed and installed so as not to IShine directly into adjacent
residential areas. Parking lot lighting shall be extinguished at
11:00 P.M. Parking lot lighting poles shall ba at the minimlJJll
height pemi tted by the City ot Boynton Beach;
(5) Use ot the subject property shall be limited
to an Adult Congregate LiVing Facility (ACLF) 1
(6) A combination ot landscaping and wall (the
IIWall") shall be constructed on the south property ot the -
AThambra Square South and AlhaI:Lbra square ACLF parcels. The plan
and design ot the Wall shall be coordinated with and approved by
the governing associations of the adjacent resident!a1 property,
and said approval shall be in accordance with paragraph (7)
below. The Wall shall be constructed at no cost to the governing
associations 1
(7) Approval by the governing associations s~all
not be unreasonably withheld.
(8) At such time as building plans are presentec1
to the city ot Boynton Beach tor permit, copies ot the Wall plan
and site plan shall be submitted. to the governing associations;
J
u....O..'ICI;. JIIoOIU:R'T,.. lE..c.... . .700 ..Olln-o....lU.O<:.A ""'0" .0ULl.......0. SVITI[ '03. .OCA "....;.0..., "LO..DA ~"~I
.oeo. "...TO.. {.oo7j DD-oI.aOltO . ...[5T po.....,.. .u-c.. ~07l7;)..03.. . ..0"''''''0 (:30.) "lIo.eo..
"
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(9) With the exception of land,ecapinq, which the
owner. agr.. to Inutall and JCalntain, no parking space II or
i.ltlproveJlle.nta ahall be, constructe'" or installed in the Lake Worth
Dra!nZlg8 District right-ot-...c.y south of the Alhalnbra square south
and Alhambra Square ACLF pareellll and
(10) Deceleration entry Ian.. shall:be provided at
each entrance, it deemed neCBtiSary by the City o~ Boynton Beach.
ARrICLX IV
USFS PKRMTT'I'RD/PROHTBITE1H T.TMTTATIONS ON US'g
The Future Land Use EleJIlent and Zoning ot the Alhalllbra
Parcels shall be:
Pl!T"cel
Future Land
Use Elelllent
Zenina
A~halllbra Square North
Office Commercial
C-l (Office
Professional)
Alhalllbn square South MIll ti-Famlly
and Alhambra square ACLF Residential
R-J (llulti-FamilyJ
ACLF with no less
than 248 apartJDenta
ARTICLE V
RFBTRICTIONS D'RRKRD COVF:.N~
These covenants and restrictions shall be deemed covenants
running with the LancIs tor the benefi t o~ all owners of real
property adjacent to the land, and ~or tho benefit o~ owners or
real property in the subject parcels and the city ot Boynton
Beach.. These Covenants and Restrictions sha1l be binding upon
the undersigned Owners and their successors and assigns..
WInu:SSES :
OWNERS :
"\: ;..;'.;
ALHAMBRA SQUARE NORm';:i . I;: ';. ....
_....;.;:....;::.{...~ .
MILNOR CORPORATION/ :a/fl.t.:.P ~'" . :
Florida corporatiori~;fp~]; .;'~).'-"~ '':~
\,"" ::.1o;::;!),~~~~j.~~ F
chad, ..~~,::~-;:.,..,
~:'~"$vi ~I/~
~:;:j~ AAD~
ALHAMBRA SQUARE SOOTH and
AlliAHBRA SQUARE ACLF
~ -~-L-
L 'N06.~J_ Mic.hael
4
l.AW O...,.,cr. I'l'ODIUt,. ....IlIS.:1oI . ..700 ..0""......1:',. .OCA. ,....,.ON .OUL.l:V"'''O. SVrTE 103.'.oGA _TO". n..O"'O'O'~:..-~'
.CCA "....,.0" ,,"el7] 11""'...0.0 . WIl.'" ~........ ......c.. (...07) 7~. -?3.. .. ."'O........Il()o.,700-.0..
Page 4 of 6
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Page 5 of 6
~J~~~1t.~
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I.
STATE OF n.oRlDA
COUNTY OF PAUl BEACH
)
).lIr
)
~
r BXREBY CJO.crJ.r.l thl\t on th1.. day I l....f'ore ma, an otticer
duly Duthorbed in the State and County atoruaid, to tAka
Zicknoliledgoenta, personAlly lloppeared NORKAN' J. MICHAEL,
Preddent of. Hilnor CorporAtion, a Florida corporation, And
/!Olll!All J. llICllAEL, individually, vell known to ..e to be the
person described in and who executed the toregoing instrument,
end he .acknowledged before Jlle that be executed the sua in the
presence ot two subscribing vitnesII61 treBly ancJ voluntarily.
w:r.rm:ss my hand ~Jld o~tlclal ..!oal in the County' and ;:Jt~.7e_l:.
last atoresaid, thi. 0.. day ot l.2D.LI"I I f99i1.',," '.....-: .~.~
I /,~1"$ ',,",
,,~.,.\.....:~....
~~A L"" ,.',.: ,~V,;
~ ~ !!:." :~ .~. . '~.c
LIe ; ;j?-"j;-:: : ..J.: c;: ~"
My coui8l5ion e5cpires: ~m'i~ rJ~ta. 7.19M . ~ ~\~ o'r ~ .I.~if €!
IlO'IUO 'Mol.! 'UltRA. IrIS. UXh ~~'.'.,,~~.... ~ .....'~.1-'
....{Ii:"v ..,. "." '..-'.~
""'1",'<:') ;........~.......' 1"
. .'. ," c ~ (' ,_"'1...i
"0: ....".\~. :'<~
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STAn: OF FLORIDA
)
)as:
)
COtrnTY OF PAIll BEACH
I BKREBY CXRTIn that on thi. day, betore Jle, lIn ot::ticer
duly authorized in the State and County atoresaid, to take
ackno....ledgements, persona11y appeued BLISHltA E. HICHAEL well
known to me to be the person described in and "Who executed the
foregoing instrument, and she acknowledged before me that she
executer::! the BaIlIe in the presence ot two Subscribing witnesses
treely and vOluntarily.
WJ':'NRSS my hand... 8;l}d o:tticlal .eal in the County And State
last aforesaid, this ~ day ot 0\ tLl-o , 1991.
I
~C~~~~ L -!fly(!~t4
My commission expi:res: : ./r~:.' u'., <.~\
Mf/Wl'll;J! f!lll '" /lIII~ . - ~!i !/;:" : -; y~' ,
~/;ltaJIXI'. Q:T.1,1.. : :.';':"0 0 :;- :~:
~ 1"- ~ . -::\X,.:.::j~~{:/
D: COllDOOO. jh
5
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-'oc:.o. "''''TO.. (40"'1 1l".acllO. ""li:$T .....r.... ....c.. (.o71T:J.'O:J.. . .1tOW..oogboO_)7110'.0all
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Ct~
EXHIBIT "A"
}.TJ:r).)ffiRA SOl"TARR NORT'R
A parcftl or land in Section 32, TOimship 45, South, Range 43
East, city of Boynton B-aach, Florida, Fal:m Beach County, :more
particularly described as tollovs:
The East 460 feet of the Heat S10 teet ot the l~orth 380 teet of
the South 420 feet ot the North....est 1/4 of Section 32, Township
45 South, Range 43 East, City of Boynton Beach, County or Pl1lm
Beach, Florida, less and except lands described in otticb.l
Records Book 5402, Page 670.
ALIDJrnRA SOUARE SOUTR/AIRAMBRJ. SQUARE ACLF
Tract 4, Golt Viev Harbour 3rd Section, City of Boynton Beach,
florida, according to plat thereot recorded in Plat Boo): 30,
pages 119 and 120, Public Records ot Palm Beach County, Florida.
Less and not inclUding:
Commence at the Southeast corner ot TrAct 4, as shown on the plat.
entitled Golf VieW' Harbour 3rd Section, city ot Boynton Beach,
Florida, according to the plat thereof recorded in Plat Book 30
on Bage 119, Public P.ecords ot Palm Beach County, Florida; thence
N.2 21'36"};., along the east line ot said Tract 4, a distance of
1004.29 teet to the Point Beginning ot the right ot way to be
herein described; thence continue Northerly, along the same
course, a distance ot 92.69 feet to a point ot tangency ot B
curve concave to the Northwest having a central angle ot 88
15'44" and a radius ot 15 teet; thence Southerly and Westerly
along the arc or said curve, a distance at 23.11 teet to a point
of reverse curvature; thence Westerly, Southerly and Ea9terly,
along the ll'bC ot a curve concave to the East having a central
angle ot 197 43'52" and a radius ot 40 het, a distance of 138.04
teet to tt.e Point ot Beginning aforedescribed.
And less a~d not including:
A parcel ot land lying in Tract 4 ot the Plat ot Go1t View
Harbour Jrd Section, City ot Delray Beach, Palm Beach County,
Florida, as said plat is recorded in Plat Book 30 at pages 119
and. 120 ot the Public Records or PaIn Beach County, Florida, said
parcel baing more particularly described 49 tollows:
Begin at the southeast corner ot said Tract 4; thence N. 20
21'J6I1W., on a plat bearing, along the Ei:!st line of' said Tract 4,
a distance of' 104.29 teet to an intersection with a curve concave
to the North, said curve being a cul-de-sac as recorded. in
orficial Record Book 2584, at pages 479 and 480 ot the Public
Records ot Palm Beach Cou16ty, Florida, a rlldial line from said
intersection bearing N.21 49'U.W.: thence Westerly along the
right ot way ot said cul-de-sac and along sgid curve, having a
radius of 040.00 teet, a central angle ot 29 03 '12", and an ~rc
length of 20.28 teet to an intersection .....ith a line being 20.00
teet West or, as measured at right angles, and parallel with the
said East line ot Tract 4; thence S.2021'36"E., along said
parallel line, a distance ot l02.~6 teet to an intersection with
the South line ot said Tract ~: thence N.87038'24"E., along said
South 1ine, a distance ot 20.00 teet to the said Southeast corner
ot Tract .. and the Point or Beginning.
D:conc.!.oOO.jh
6
tf.CORO vUllnro
P.A.LM BfA.Oi COUNTY, flA
JOHN B. PUNIQ[
CURK CIRCUIT CCURT
L.oO.w O',",CtS 1II0&1t0llT.... ItIIlE,.. . "700 "O"TH...LST .eu. "...TO" 1I0V~[V"'''O. SVITIt 103. BOCA "...TO... '-1.:;>"'0'" 3;)003'
1I0e.... ""'''ONt''07) g~..JOllO . ..ItST p...~.. rue.. ("07] 7311.0:Jaa . ."'0"""'1'10 (:30111700-QO'1I
"
.
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Page 1 of 4
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.
***TBIS IS BEING J\.E-RECORDm fOT the purporse
of ~ncluding ~he ~oXnder of the C1ty of
Boynton Beach that" vas previously OIIdtted.
Jul~-l99a e~:~po 98-25....2....9
ORB 10500 Pg 538
11111111I n IIII1IlJ lUlU 1116 JIIIID n 11I1 III I IUI
/- . - -- -,
R ~ '. JJo;;t-19-199B 12: 16po 9S-40447ilJ
\~ ~ ORB 10697 Pg J1.472:
I IJIIlllllnnl II milllJllIllJ IlUJilllJ DItIIHl I 011
l"STRl~lE~T OF CORRECTION
Tbi!t. in....lruDl~.u{ of l."oITt."'Ctioa n1:Jd:;- as of the ~ ~ diy of Ju~. J991( by
....lH....MBRA SQUARE NORTH. ALHAMBRA SQUARE SOUTH. and ALHAMBRA SQUARE
.:\CLF ( I"..on..xli....cl). rs:fl.~ 10 as -Owm.~-J.
WITNESSETH
WHERl'.AS, O",,,,,rs c,used , Dc.:lardlio:1 of CovomnlS and RC.<lriClions fur .o,lhambra
Square dal~d May 7. 1991. to 1.: n:tonlcll in Ullicial R(:C(lrd~ ROllI: 6.~95. page 1431. P:llm lkach
County. Florida 11Th: ~o.:dar:llion-): and
WIlERF.AS, OW"""" in error and mi,IJkc, mad.: ,cv0l':11 rekreoccs in the D.:dal':1licn
imli""ling that "'''''mbra Squa", Soolh and AJ""mbm Squ:>re ACLF would be de\"oJopcd .with no
I~~ than 241\ apartmcnlli-: and
WHEREAS. it \Va~ iDlendt'd tbat th~ JdeJeoces in 1I1e D"c1ardlion indicate \hal AlhamllHl
Squ3rc Sooth and Alh:Jmbra Squ:t.rc ACLF wuuld he UcvdOJll=u -with no mor~ lh:m ~4R .:1p:lTtmi:nl~.-
and Owno", d",ire to C"IT<1:t said error and mi>1ake:
NOW. TlIEREf'ORE. lbe D<:cI3r.llioD i, corrcclod:md amended os foUto'''':
II) All rcferel1Ce~ to -no Jes~ than 248" or -241\" shall he cbu1l(!ed [0 read -m more Iball
141\.-
(2) ]n an other res~~lo; th.;: D...""C13r:nion sh~lI r~n1.::ljn in full 'tire.: and ..:ffL."C1.
IN WITNE."iS WHEREOF. Owners huy~ cau:5cd this In~(rumcnt ofCorr~~tiQn to ~ eXO;:l.:ut~d
th.: day :1nJ y~r first ~oo\'c wriUl:'n.
Signed. '-0310d and delivered ALHAMBRA SQUARE NORTH
In emr presence:
~ \ I rr~Y: Milnm C;!!I~' ion, Aorida c(>rpor"li011
-Z~~rnL:;u. l \-\.-A~ ~ /. r7 _ f
Name Prinled 1:lc,1o..~ I... L. 'ri..>\<.\,~ ~~
""'-< f/ ,/ N~c: ~i.l...., .....~I...:,"'-\
~ ~ Tllk: t'r~',.\",.."'c- ~
~"f.eMU=q b, 1I11LU-'1?-.
LAWYERS TITLE INSU~ANCE CORP h1
ONE FINANCIAL PlAZA a
~SUITEl05 V
.-- / ~ FT lAUPIRD~l!, Fl., 33394
-:1Pq&00~S S
>
010
,,"
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Page 2 of 4
.
ORB 10697 Pg 1....73
,
ORB :1 05WW Pg
539
S~JI::1.l. !I.~':JJed and ddlV\..'rt:J
in nur rrC'~~nc~:
,\j,HAr-.1HR.... S()I J^,<I-' SOlITH
. i \ \ \ _,I nL,o B)': Mllnor~~
C~. ~J~lt"r..a..~,,?
Name Prinred.\kh--.,,,,\... l \-\.fu\''':'~:
~ Name:
~., Tille:
Name .nted ~P_MllA.~
~r-M~;{ I~~c~nr.~
t-e""!",,,,-:t
-
Signr:u. sl:ald and uelin:r-eJ
ALIIAr.ffiHA SQUARE ACLF
in our preo;cm:c:-:
~ 0 "Q ~' .,1l)":Miiol>rC"'por.l1io
,-'.)C~LlChL. ~~.~
~"'L' " ""'.<0"",,:,=<.
~ Tille:
"m~ P red B~ ~ P:fi1J~
Q -
~~c.(;.af: \
STATE 01-: fWel!:;>.A-
COUNTY OF 1'f>t-M l7f.'~)
1 HEREBY CERTIFY IhOl <>n &.is day. he[o,,, OJ<:. an "frice. dul)' authoriud in the Stale
~Iforr:~~ic.f :md in th~ Counly ;Ifor~said 10 1:1J.::~ ;a('knowled~n)C!Dfs. persoIl3lly appe:1red
NO<-,...G. A "'. ,\...0.,\ Y.QS:~eA- of Milnor CorporJlion. a corporation. 'm heh3lr of the
corporation. 10 mt: known 10 ~ m.: pe:r5oD t;:L:s~rib::d in <1nd who .:xr:cUk'd the: fun:gojn~ iJl~tru01C:D{
and who adnowle<l!:ed before me that llC execuled Ibe same.
WITNESS my hand and .official st.21 in the coumy and state last afmesaid this
Jun..:. 1998.
-t(
l~~Y(lf
TIlJS INSTRIJ]\'rENT ]'REPlIRED BY:
Bass. Hen} &. Sim~
~700 First Anlcrican C~nlcr
Nashville. TN 37238
~. \:)!'~(:-~ L. \-\'~~-.1
.:-ye.'c"....=-\,L.... t-\'" ct...t<.-J.l>
l\)c~e< .... '\ :P~-b \; <!..
OF::JCIA1. NOTARY 5EAl
DEBORAH L HOTCH" ISS
/o.'OTARY PUBl.1C 57^TE OF FLORIDA
CO~"_~JSSION NO. CC4ZX196
MY CU~MISS10N EXP NOli 27,]99lI
t lNC.0L NJ ti13S2e
. ,
IMAGJWI ': FL-99-22331-1 04/02/1999 OL ":13pm
Bass Berry ~ Sims 06/17/98
Page 3 of4
15:50 PAGE 5/5
RightFAX
ORB :!. 0500 Pg 540
IlOllOTIIV H. lllU<EN. n.ERl< Pll CIJtJNTV I Fl
-------~
----
ORB 10fO.97 Pg 1474
.JOINDER
The undersigned joins in the CXCCll1ion of lhat certain insuumcnt of Corre<:lion dated JUDe ~O..
1998, c.\Ceulcdby A!h;.mbra Square North. Alhambrd Square Solllh, and A1hamb... $quarc ACLF,
for the purpose of !,on<enling and ..grecing 10 !he """"'.
Sig . =Ied and delivered
in Jr ~~~
am Prinlcd::ro C\l ( M.I L.l.<C-1-
AMERICAN REnREMENT CORPORATION
~~L-
N= Primed k.c.l/I"G. 1-; ~ ce,li-]
~~
By.
.N~m: ~- ~
T. c..>'D
~li'
STATE OF / V
COUNTY OF .)>,qu,l)~
)
)
I HEREBY CERTIl'Y thai 00 thi. day. hef"", me, an "fIiCCT dul)' authorized in the Stale
aforesaid and;" the County afofCs.3id 10 take 2cknowlcdE-ments. personally appeared
..GtJU"f H,a~r e CJ of AmL.,;can Retircmcnl Corporntion. a Tennessce
eorptmltioo. 10 me known 10 l>c thc penon described in and who exccuted lbc forcgoing inslrument
"00 who acknowledged befon: me thai be cxeculed the samc.
..,-r-.-.
wn"NESS m)' hand and oflic;.1 =' in !he counl)' and slalc 10.<1 aforesoid this ---1I- day of
June, 1998.
TillS INSTRUMEl'IT PREPARED BY:
Bass. Berry & Sims r MotoryJ\tlllc,~C<ounly, T."",,>>oo
2700 Firsl Americ= Contor &tjCommlzolon E><pke 4>filIO, 2000
NashviUe. ]"N 37'-3R
.~:'.::
.:... ';":-..
,
~'...... .
'..
lINCOlN'613S2tl
.
.
,-
Il\1AGio~ ': FL:99-Z;331-1 .04/0Z/1999 OL-~:13pm
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Page 4 of 4 0.0 ._
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DRB 10697 Pg 1475
mR1Jj}f)' H. W ILllfN, l1ERK PB UJUNTY, Fl.
JOI:\"DER
, ~4"
Th~ unckr~j,g[]ed joins in the r:xC'curion (If !.b:n .:enain instrnll1l;!nl of Corr~~rjon dated~ 5-
19<J~. cX~l1Iell oy A!h.1moro S~l~1f" :-Jom. ^llJ3illora Square 5omh. and All1aDlora Squ"" ACLF.
for [hI! plHl'l('.3:"~ of cuml..""11lin~ .:lncJ a~n:,-.jng 10 Ih~ S;Jme.
Signed. ~&I1L-d ~'l!ld d:-Hvc-recJ
in I)ur rr~st:nce:
CITY OF BOYNTON !lEACH
.-"'Of11tUM ~ .-4 ~-.---;
NomIlPlinledP1J(,.y4.11/vc f',JiqI/Jl)'; , /.A e:, ~. I .'~
Name': ~ ~ d" L ,) r; l,:i Jt2("":L
~ ;f 3.. _ Tilk: "7", ~ .------. .
Name l'ri~ ~o T;:t''L ~-;i 1'1 c- i ./ API" 0\1
STATE OF
COUNTY OF
I
I
j HEREBY CERTIFY that on this <I.'y. bcforo mo, au officer drily autllOmed in Ihe Sla~
aforesaid and in [he COUIIty 3for~~aid 10 [ak< aCknowl"d,gmcnt', personally app..'ared
..a,.~LZ1 / ...,,,~"'~. /7:7...,$/"'R of lh< City of Boyntoc B,acll. to me known 10 ~ T1le
person de~criocd in ~nd who execUl<d Ihe (orc~oin~ ic,tnlmcnt Md who ackD(''''kd~cd before rue
tha( he eX~I,,:ul,:'d the same.
WITNESs my hand anu official '<:I] ;n ,he coum)' :t"d '",te loSl aforesaid this _ /(;; C:Jyof
~Ae-:- J 993.
.:::;zCf"
TIlTS INSTRUMENT PREPARED BY:
Bass. Beny & Sims
2700 Fint Ame-riC:lD Center
Nosh\'ilk. TN 37238
LC7~~<><--
:.IN:::OU~: 613S2a
,<' "';;~""""'"'''' '., .'.. ...."F'.""...."....'J
)( ~....~t.: II., S[J:~.t-I.Kr..lSe .
\: - -;. l"1')(&ry Pubbc. SEIil,= of f'lr,ri.!a :
:< ~. .~ ~."~z:1inio... No. CC 60' I". .
~: "=>.".,,'0 M}- c.>;T..m~~ c.,.. OIJ02t2t)(U:
~ 1.1.m.)..NOT..... ..~. _~... ':-.q.a"'-t.,.c(:.:;
,'w'))),'..... ..................Yo\'l......'\)'\'
CI
Attorne~ls Office
561-742-6054
p.2
---
" .
--
'......,
.
.
:m T1lE CIllctlIT Ctltm'1' OF '1'IIB
1!5'1'H JUDIcu.x. CDcl1rr :IN AND
POJl PALH BEACH COUll'1'lC, noR%I)A
C:IVIL DZVISION
CASE NO: CL ~g-'178-AH
KILNOR CORPORATION, a Floricla
corporation: NORlU.N J. MICHAEL
ancl BLISIllQ. E. HICHUt., IUs vUe,
Plaintiff,
VB'.
'1'11I CI'l'Y OF BOYll'rON BEACH, a Floricla
Hunicipal CO%pOration,
Detenclant.
I
.!'
S'l'ymr..J.TTOR ANn SPJWI'T.~ AGR~
HILHOR CORPORATION, a Floricla .corporation (bMILHOR"), NORHAN
J. MIClfAEL ancl ELISIllQ. E. MICHAEL, his vite C"MICIlAEl.") lamS tha
CITY OF BOYIITON BEACH, Ii Floricla llUnicipal Corporation ("BO!N'1'ON
BEACH"l, by ancl through their undersiqnecl attorney. here>>y
stipUlate ancl agree a. tollow..
.
1. HILHOR own.. that "e:tain parcel at real property locatecl
within the IDUnicipal liDita 01' BOYIl'1'oH BEACH and being a site 01'
approximately 4.01 acres situatecl at; the northeast intersection
01' Conqre.. Avenue and Golt Roacl (Southwest 23rc1 Avenue), Which
real property is aore particularly. clescribed in the EXhibit bA"
attachecl hereto ancl ..cle a part: hereot, ancI vhich real prop8Z't:y
..'
Dhall hereinattar ~ reterrecl to as "Alhaabra Square Horth."
2. MICHAEl. ovns that certain parcel of real property
located within the .unicipal liaits at BOYIITON BEACH and betn~ a
site of approximately 9.4!5 acr.. dtuatecl at the DOUtheaet
tntereection 01' Conqre.. Avenue ancl Golt Road (SOUthwa.t 23rc1
Avenue). 'l'hi. real property shall be referrecl to ae ~o parcel.,
the tirst parcel be1n9 an 'approxiaatll 4.45 acre parcel sitUatecl
clo..e.t to the intersection 01' Conqress Avenue and Golt Road
(Southvut 23rc1 Avenua), and more particularly described in the
1
CI
Attarne~Js O~~ice
561-742-6054
p.3
.' "-
Exhil>it wBn atta ;d hereto end -.cIe a part hen , and whiola.
real property ehall hereinatter be' retarred to a. "Alhambn
Square South.. TIle "colId parcel. beu,q i_edhtely adjacent to
and east Of Alhambra SqII&re North end consbtin9 at approx1mete1y
.
5.0 acre., and eon particularly. 'd.ecribed u, the Exhibit "C.
attached hereto and'liade ... part Iiereof, and which real property
shall hereinetter he rererred to ... the "Alhalllbra Sqllare ACLJ'."
3. TIle Allwabre Sq\I&1"e NOrth, Alhlllllbra Sqllare SOUth, lUld
the Alhambre Sqllare ACLP ~el. or real property shall
hareinerter be .~ati.e. COllectively reterred to e. the
"Alhambra Parcel.."
4. TIle Alhambra Parcels. are, presently ellbject to the
tollowing ColIlprehensive Plan and Zonin9 designation. by BOYlITOIr
BEACH.
.r J'Qtun Lui4
Pe:rt:!@l, nap- P'lA!III!!!"'t; Zoning
Alhambra SQUare North Hoderate density R-1M{PUD)
r88idential
Alhallllre Square South :Low denaity R-1M (single
nS1dantial temily reeidential)
Alhambra Square ACLJ' tow dendty R-IM (sinqle
reddentiel tamily residential)
.
!5. On or about Sept8llber 30, 1988, lIILNOR tor the Alhlllllbra
North and MICHAEL tor the Alhullra South and Alhambra ACLF
parcela .ubIlitted applicationa (the "Applications") to 80llNToli'
U!ACII tor e.endlllents to the tuture land USe elellent of the
CCllIlprehenaive Plan, end tor rezoning at the Alhambra Parcele, ..
tOllo,,",. ..,'\
.. ;~
J'ature Lui4 Intended
PareAl. J!1~.1I"+ RAOUa..t R@2Dft!na RACUBS~ llu
Alhambra Square OfUce cOIlll8rc1al C.,.l (Ottice Ottice/
North .Prote.eional) Medical
Alhallll)ra Square Ottice Commercial C-l (Otrica
South PrOfessional) MediCal/
Banking
AlbllIIlbra Square JllUti-tu:iy R-3 (11\11 ti- AdUlt
ACLP reaidenti . _ taaily) Con9Z'egate
Living
Facility
:z
CI
Attorne~Js Office
561-7"12-605"1
p."1
",
'.
"-"'
" '!'h. AN>. .0atiOJla wen cllJUJiclered by tile "11Ulll1ng 1UId'
Zcninq lIaud at BOnrroH B~CH at a duly coftlltitutlld IUId duly
;'oticld publ1c baarin'l 011 DtIol11ber 15, 1988, at wb1ab tiaa the
l'lann1q IInd Zoning B~ recOllllllended denial at the Appllcat1OJ1a
.
to th. City r~~I.aion,
7, On January 4, 1989, at a' dilly conatituted IIIld a duly
, notioed Special He.tin'l ot the City Commission ot BOnrroN BEACH,
the City ComIlliadon ot BOYHTOH BEACH" beard and conddUed the
Applioatiol\ll and by illatiOn d.cllil.t to eWmJ.l: the APplicationa,
tor review by th. State ot Florida Deparbaent at COIIIlunity
Affairs and the Tr..aur. Coaat Reqional Planninq A'leney,
8. On or about .Jun. 20, 1989, HILNOR and HICHAEL tiled the
instant action a..kinq to invalidate the current CClIlprebendve
Plan de,,19natioM and lonin'l cla,,"dtication. ot th. Alb8lllbn
P.reela, aeeking to r.quire BOYNTON IlEA.CH to 'ifZ'811t the
Applioation. and ..ekin9 dama'lea.
9. On S.ptBlllbv 14, 1989, Robart. A. Ei..n, I.quire,
attorn.y tor HILlIOR and IlICHAEL, deliVered to Raymond Rea,
Esquir., City Attorn.y tor BOYNTON BEACH, a lett.r oUering a
settl.ment ot tIla lnatant .c:t1onllber.in "BOYlITOH BEACH would
9rant the CoIIlprel1lndve Plan' 'duiqnationa and zoning
claadficatioM r.qu.at.d in" th. Applicationa and HICHAEL IIIld
HILNOJl would relea.. BOYJITOH BEACH froa any and all cJ.ailu tor
deaaqe. At ita l"agular meetin'l of S.ptBlllbv 19, 1989, th. City
Co...baion consillered the requeat tor setthlllent, and by a vote,
th.... vat.. in favor, two oppoaed, llir.cted tile City Attorney,
Raymond Ras, to iI.'lotiate the t.rlIIa ot . Stipulation and
S.ttlement Agr....nt with tile r.pres.ntativ.. at HILlIOR and
JlICIIUL and pr.a.nt that Stipulation and Settlement: Agr....ent tor
approval by the City COlIIIIliadon at i1:8 lI.et1n9 ot Octo!ler 3,
19S9, '1'he City Attorney vu tIIrtb.r directed to give pubUc
notice at thl conddVlltion ot' the stiPUlation and s.ttl8llent:
Agr_nt and thlt tha o~naid"atio}l at the Stipulation 'and
SetU...nt Agreement ebould be a public hearing ao that iJlput
trllll the publio c:ouJ.d be taken and consid.red by the City
.
3
Attorne~~s OFFice 561-742-6054 p.5
CI
.; . .' . .......
..... ......,
..
C<llIlIiasion. On O"O~U 3, 1989, tIIii City Cga1aili..., heard md
CIO..sid.nd pubUc inJlll~ and postponed condderation ot this
Stipulation and S.ttlea.nt Aqreeaent until its regular meeting of
october 1'1, 1989. S~c:e that t1ae. MIlMOR and IlICIlAEL have
acclUied their requ.st.d land use changes to tho.. s.t forth in
panqraph 11, below.
10. on October 17, 1989, at it:a regular City Commission
..eting, the City Commission of BOYIl'1'ON BEACH co...idered the
tenia and condition. of this Stipulation and S.ttlement
Aqre8lllent, the furth.r input tr01l IlILIIOR and 1lICHAEI., the further
pUblic input, and by a motion duly made, the City Commission, by
a vote at foUX' in favor, none' OPposed (CoUncil-pereon Arlin.
Weiner ebs.nt);' 'approved the' "'.teZ'118 and conditions ot this
Stipulation and S.ttlement Aqr....nt and authorized and dirscted
...
the .. City Attorn.y to .xecute this Stipulatio.. and Settl8lllant
Agrelllllent.
11. Th. Future Land 0.. Element and Zoni..g of the Alhamb~
Parcels shsll be:
Future Land
PSrt!lIl UII. nellll!!~
Alhambn Square North OfUce CoaIII.rcia
Alhambra Square South HUIU-paaily
and Alhambn Square ACU Jlseidantisl
?:.. co.....otien with the d.v.loJlll.nt of the Alhambra Parcels, and
a. an inducement to BOYNTON BEACH to enter into this Stipulation
fallowing
li1llitaUona
and s.tu_ Aqr.....nt. IlILIIOR end IIJ:CIll\EL arp-.. to 'tha
'.'
developDantal lillitaUona, which d.velopm.ntal
shall apply regardl... of ownersbip of the Alhambra
Parcal.:
a. Albll.lIlh,.,. sn'Ql!lrA N'ftrth I
(1) Building H.igbt not to exceed two .torie.,
(2) All du..pa~.... to be located away tr01l adjacont
rasidential are.., .
(3) Construction of ths six-foot zoning boundary
vall shall be coordinated with the governing association Of the
.t..
.': I
". I.... _:
CI
Attorne~~s O~Fice
561-742-6054
f.6
~.
adjacent resident. . property and the axis~ini ~utt, hed;e shall'
be mOVed and replaced. with eoc! and lend8capini to the
speciticstions ot the goven1ing ....oohUon snd at no "'o.~ to the
goven1inq eseo",1a~ion,
..
..
(,c) parkini lot U'ilhting Bhall be shaded .0 .. not
to shine directly into residential areas, and. parlcini lot
lightinq shall not he illuminated atter 11:00 P.H.;
el) 8uild!ni Height not to exceed two stories;
(2) Root pitch not to be steeper than 4/12;
(3) All dUlllpsten to b. located away t1"Olll adjacent:
r..idllJ\tial ar.as, and at l.a.~ one hundred t..t t1"Olll the south
property line ot the Alhambra Square South and Alhlllllbn Square
ACLF PareaI.;
~ ., (4) Parlcing lot l1ght1ng ~ be shaded and
shielded eo as not to shine directly into adjacent: residential
are..; parkinq lot lightinq shall not be illuminated atter 11100
P.M.; parking lot lighUnq pol.. aIIall he at the lIin1mum height
perllli~ted Or allOwable by BOYJITOB lEACH;
(5) lI.e ot the property BhaU be U..i~ecl to 1In
,.
Aclult congrevate Living Faoility;
(') A collbinetJ.on ot lancle",apinV and wall ethe
WWallW) shall be constructed on the south property ot the
AlhUlbn Square South and Alh.e... .qu.... ACLF parcels. The plan
alld de8ign ot the Wall ehall be coordinated with and approved by
the !loverning ....ociatione ot the adjacent residential property.
Approval ot the Ifaii shaU not be unreaaonshly withheld by the
governing ..sociations. The Wall ahall be constructed at no coet
Dr expense to the goven1ini aeeoeiations;
(7) At such time ae buildinq plane ara pr...n~ad to
BOXHTaN BlACK tor permit, copi.. ot the Ifall plan and .i~e plan
.hall be sUbmitted to the governinq as.ociatione/
el) Ho par~ spece, or ilIIprov...nt:ll exCept
landscaping shall ha const:ru=.cI or installed in the Lalte Woftb
b. AlhB7nb,.. Saullt'@ South i'lnd l.lhlllllhm SmJ8:rl!!l ACLP:
.
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561-742-6054
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Drainaqe District _~'1ht-of-way south of tha AlhaJIl1lr. ~quare So\l1:h.
and )1I1A..h... Square ACLF l'atcels, ancI
(II) DeCeleration entxy lanes shall be provid.ed at
each entrance if d.aemeel necessary by BOYNTON BEACH.
, .
The foregoing d.evelopmental lillitation. shall b. eat forth in a
Declaration ot Covenanta and. Reetrictions (the "Declaration"),
which shall provide that they cannot be modified without the
consent of BOYlI'1'ON BEACH, and the' Declaration shall be recorded
UlOllq the public records of PabI Beach County, Florid.a, shall run
with the land, and ahaU' be bindin; upon the suce..sora and
assiqiu; ot MILNOR and IIICllAEL. The DeClaration shall be prepared
end. distributed to the qov8rllinq aa.ociations by Nov8lllbQ' 1,
19811. A recordable Declaration liqned by HILliOR and IIICHAEL
aball be delivered to tha City Attorney prior to the first public
.
baarin9 on tha rezonin9 and Comprehensive Plan amendments
described in paragraphs 12 and U, below. The Declaration shall
be recorded by the City Attorney where all actions necessary to
effectuate thlll Stipulation and Sett18lllent Agreelllllnt hev. been
duly enaoted by BOYlI'1'ON BElICH. The Declaration i. for the
benefit ot the fOllowinq 90"eminll' aa.ociatiolUl of the adjacent
.
residential at...,
(a) Boynton l.e1sur.,,111e Community iIIIsociat1on, Inc. aa
to the Alhambra North Parcel, and
(b) Go1tvlew Harbour and. Goltv1ew Harbour E.tates aa to
the Alhalllbra South and Alhambra N:lI Parcels.
12. BOl/Il'1'O!I IlZACH avr- 1:0 .uppl....nt or amend it:a
COIDprehensive P1AII- "by Dec8llller 31, 1989, to pemit un and
developlllent ot the Alhaura Square Parcel. as .et torth in
paragraph 11, above. subject only 1:0 the limitatiolUl eat forth in
this Settl8ll8nt and. stipulation Agre....nt and other usual and
customary dte related cond.itiolUl at de"elop.ent.
13. BOYII'1'llH BEACH agree., within thirty days ot the date at
.; .
this StipUlation, "to rezene the Alh~a' Square Parcels to pe~it
the devalllplllent eat forth in paragraph 11, above, llubject only 1:0
COlllpletion ot ell proced.ural requir_nts under Florida StBtubs,
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561-742-6054
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Sec. 163,31", th_ Uaitationa eet torth in thb S..._"ulation and.
S.ttl...nt A/1rll...nt, and qth.r WlUal and CWltOllUy .ite reJ.at:al!
conditione of deVelopm.nt ot general application in BOYN'J.'oH
BEACH .
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14. To tll. .xtent that ordinanc.. or re.olutiona an
required to 1lIIplement any of the t_ of thi. Stipulation and
S.tUR.nt: AgT....nt, BOYN'1'OH BEACH agree. to prepare and adopt
any and all Web ordinanc.. and r..olutione n.c....ry to
implll88Jlt the tllrm. of thi. Stipulation and S.ttl.....t A9X'....I1111:.
15. SillUltanaoua with thll .xecution of thb Settl...nt
Stipulation, HIlJlOR and HXCHAEI. ehall deliver to BOYH'l'ON IIJ:ACH Il
full and CClllplllt. r.lea.. on behalt ot itseU, its offiC81"ll,
,!1ractDr&, .her.hDld.rs, ..plDye.., aq.nts, and rapraaentativ..
a.. tD any and all action., .uita, damaqe., Cla1lla, vhieb it or
th.y- may bave a9a1nat BOlIll'1'OIl BEACH Dr any. of ita officia18,
emplDye.., cDnsultants, agenta, .lected otficials, Dr appointed
otficial.. in connection with or related tD any action Dr inaction
re9llrdin9 the APPlication. and the Alhalllbra Parcel.. !!'h. general
rele.... shall b. h.ld in ..crow by City Attorn.y, RaYJIond Ree,
untU all action. n.c....ry to .tt.ci:uate thia StipUlation and
Set1:1811ent AgT....nt have be.n duly .nacted and th.n .hall b.
d.livered to BOYllTON BEACH.
U. KILNOR and HXCllAEI. .ball furth.r agT.. to d.f.nd BOYII'l'OH
!lEACH at HILNOR and K%CIIA!:L'. expens., any suit or acllllinietrativ.
action purauant tD Ch.pter 163, Florida Statut.., initiated by
third parti.. arisil\9 out Df any actiDne taken by BOYII':OIf BEACH
under the t&l1l8 of this Aqr...ent.
17. HILNOR and IIICIIAEL .gT.. that BOYH'l'ON BEACH'.
Dbli9at1Dn. und.r thi. StiPU1.tion and Settl..ent Agreement ehell
at all tiaaa be eu1lj.ct to Departaent of C::ollllUUl.1.ty Attairs'
.pproval. HILIIOR and HICHAEL furthllr acknDwledge that BOiNTON
BEACH ehall not be re.ponaible for any other GaveZ'lllllental
Ageney'e action r.lated to the dllvelop~ent of the Alhalllbra Square
Parcels.
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561-742-6054
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18. '1'Ile pS. t.. .hall tOl:'tbvith, intorm the ,urt that: a,
.et:tl...nt: h.. heeil ,ruched. and all proceedings in ths suit. shall
bs abatsd until the tel'lllll ot thia Stipulation and S.ttl.....,.
A9re"8lIt are tUlly and complet.elY .ttectuabd. At such time,
.
the parti.. shall j oinUy ..R lIJI Order tZ'Om th. Court contiXllinq
and ratitying this Stipulation and Settlem.nt. AgT.lIIIIent.. '1'Il1
court IIhall at. all ti.... have and retain jurisdiction oval' this . "7
caWl. and the. partie. to aJUlure that the terms and conditions
herain U. adIlar"ad to Ily the parti...
MYHOUD}lEA, ISQ.
City Attorn.y tor the
CITY OF BOYJITOH BBACH,
a Florida .unicipal corp.
100 E. Boynton Beaoli Blvel.
Boynton SeaCh, l'L ~~481
(4:O7~ 7~8-740lS
Florida Bar Ho. 348880
BY: ~.I.tI-I?~
RAYKOIID REA, ESQ.
DATED: ~
pldq 08/pldq l/RH
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UWOFrICZS OF ROBERT A. EISER
Attorneya tor Plaintitt(s)
4700 Northwest Boca Raton Blvel.
Suite 103
Boca Raton, Florida 33431
(407) 994-2090 .
Florida Bar No. ~801~8
BY: ~t-~
ROBERT A. EISEN, ESQUIRE
DATED:
CfR:\.c.l__ LI, \t,~1
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DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
1)e;J '
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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 comer of Golf Road & Congress Avenue
'UG - 9 ~;;-
.. ......\.
DI~WING(S): SEE EXHI81T "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 nevelopment Board, which Board found as follows:
O.r~
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:
'.3.
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,tpnt
LHAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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 Ap~i?nt's applicalion for relief is hereby
, Ji- 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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~4h. FLO~\..,",~
CI~TED: 1- 9- (I ~ ~.1 lIy,,,,,:J,,
~ City Clerk
S,'P,.''',gISHAREQ'Wf''PROJECT'''__ ."'......nol c._ GdI&Co""",,,'OOA.. "J:i<f -
HUg CC cuuc ~u.~o
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07/3'112002' 14: 33
5613756259
BOYNTON BEACH P & z
Exhibit "e"
C~~lditjolls of Approval
PAGE 14
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Project name: l\'fedi.al An. Professional C",:, er .
F,le number: N:wSP 02~09 ,
Reference: 2'"irevi.w olan. identified as Nor.' Site PI.n with" Julv 2.2002 PI:>nnino and ZOTlinl! necanment
date stam" marlcinl!,
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DEPAR~iENTS
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Comments: None
PUBLIC WORi<;'S - Ceneral
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PtIllLlC WOIU'S - Traffic
Comments: None
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UTILI!) ES
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Comments: I
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1. Fire flow .alculatiollS will be r~.:;uired demonstrating the City Code
Tequ~ement of t,500 g.p,m. as stl,~;>d in the LDR, Chapter 6, Article IV.
SectiQl1 16, or the ~quirernenq ;mposed by insuranee underwriters,
whicl1ever is 8Jeatcr (see CODE. 5F;tion 26.16(a)).
2, The ~e"...ents shall be dcdi.ate~ l;ill separate instrument to the City 8S
statedlin the CODE, Section 26-33(.,).
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Comments: I
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3, City Qrdinancc Section 9-6, 3, 17-liJ require. al'proved automatic fir.
spr1nWl... S)'lltem.! throughout all bul;:dings or strUctureS r.gardless of the
typ. ~r eOrnltructianlhs[ sre in eKc~i"S of 12.000 souare reel "<I' floor,
r :
4, 'Desi!!t>. documents where undergtou \d water mains and hydrants are to be
'provi4ed, must d""'OIl5lrale tha, lh~;. will be installed, comp I.,ed. and in
servic~ prior to conStrUction work ~;r the Florida Fire Pre.yen/ioll Code,
12000' Sectioa 29-2.3.2. .
: !
S, Emetllency acc<ss shall be p.rovide4. al the start oh project and be
mail\lame<1 throughout constnIetiOli ,let the Florida FiFe Prevention
Code.iSection Vi, 81\d NFPA 24I,kl996) Safeguarding COfl.,,,.ctiofl.
Allercitlon, and Demolirion Qr,erariolS. Section 5-4.3.
,
Il'ICLUDE REJECT
x
x
x
x
x
x
x
HU~ CC cuu~ ~u.~~
67/3J.12662- 14: 33
561375625~
BOYNTON BEACH P g Z
COA
07/17/02
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Comments: None
1
J>El'AR'Tl\lENTS
POLkE
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ENGINEERIN~; DIVISION
I
Comments: !
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Ii. A IE'1 hting plan including Pbot9.r:1l","cs, pole wind loading, and pole
det.; s in conformance with the LOR, Chapter 6, Attiele IV, Section Il,
Ch~'J' 23, Articl" 1, S"ction 5.13:':' and Chapt.s- 23, Article II, Section A
will De reauired at Ihe time of pmiri inimL
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7. The ~ighting design shall provide i, ninimum average light le\'el of one
foot-candle. On the ligbtingplan,:'p"cify !halthelight pole. sball
with~tand a 140 MPH wind load (rOR, Chapt.". 23, Attiele !I, Section
A.UQ. At the time of permitting, ~;\d a note thaI the fllCtllres shall be
oper~ted by photo-"lcctrical COl\tr~; and arc to remain on un1iI2:00...m.
(LOR Ch""ter 23. Miele II. Seed"n A.l.al.
1 I,
8, ' Repl:!ee or rdecal" large canopy ~'es adjaeent to Iighl flxlW"es to
elimij!ate future shadowing on theil:' n'king surface (LDR, Chapl"r 23.
Article n, Section A. \.b). I '
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9, At th~ rime of permitting, [leW dri~;ways will require permit. from the
FDot and pac, :..
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10. Provi~e eonfinnation from Palm B:flCh County Engineering thaI th..
slonDwaler outfall into their COI1gJ1t~S )\,v". svstem is accentablc.
1 i
II. A1lht time ofpermitling, th" fir>: l~ le signage and markings shall
confol-m to the LOR Chapter 23, Pldele D, Sections B. &. M, 'The lhr"e
(3) fol:ll high "Fire Lane" words .h~,l be placed along both lanes and
sta8~red. Please "ote this require~"ent is a"plicable to buildings with a
lIIos.!areauearerthan 15,000 SF. !:;
I
i Btrn.DlNG Ol,VJSION
I
Commenl8; i
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t 2, Add io the building that i. dtpiJI.'d On thc drawing titled site plM a
labcl<\:! symbol that identifies tIlt'location of the handicap accessible
''''':1;e doors to th" buildin$' and each tenant space. Florida
AeceTibilityCode for Building Ccn;sl1'Uction, Seclion 4.1.2, 4.3.
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PAGE 15
INCLUDE REJECT
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x
x
x
x
x
x
x
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5513755259
BOYNTON BEACH P & Z
PI'>GE 1 5
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071l7/02 .
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i m:p All'l1 tf.NTS INCLUDE REJECT
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13, On the floor plan drawings, adb a labeled symbol that identifies the X
- lcea~on of the handicap acces5ibe entrance doors Ie the building and
ellcb\ tenant space. The loeation ~:' the doors shall match the locatjon of
th~ #cesaible enll'ance doors thal'are depicted on tb.e site plan drawing.
, '
Florikla Accessibility Code for Bull ding ConsttUctiOll. Seetion 4, 1 ,2,4.3.
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t4 Plac~ a note on the elevation ';":w drawings indicating that the wall I X
op~gs and wall construction i ",amply with Table 600 of Ihe 2001 I
Flonlb Building Code, !
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15. At Ilme of pmnit relfiew, proJe a completed and executed City of .X
B~ton Beacb Unity of Title f9: m. The fonn sha\! describe all lotS,
pare Is or tracts combined as on~ :01. A COPY of the recorded deed with
legal. deacriptionS, of each propcm' that is being unified, is required to be
subnlitted to process the form. t,e property owner thai is identified on
, each Idecd shall match. :
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16. At ti~ ofpmnit review, submit;"igned sod scaled wor1<i1'& drawings of X
the tlTooosed eonsuuctlon. i
17. Add \ a labeled symbol 10 the ~;;c plan drawing that represents and X
delinEates rhe path oC lIavel f,,*'the accessible route that is required
be~ the accessible parking sIMces and tbe accessible enll"llnce doOts
10 tb blri\ding, The symbol sha\l start at the accessible parking apaces
and f~nate at the entrance d~!1f to lhe builclin.. The symbol shall
rept<:;5Cllt the location of the p~lh of travel, not the location of the
dete~tJ!ble w8(Iling 0{" other pavep,ent markin,s required to be insl1l11ed
alon the path. The location of 1&; aceessible path shall not compel the
user ~o travel in II drivcl1i>l'le =: i \ut i. loeate/! behind parked vehicles.
lden 'fy 01\ the plan the width: of the sceessible route. (Note: The
I '
minqnum width required by the <i~ ,de is 44 inches). Add le",t that would
in<li~le that the symbol rqxcs~i', the aecessjble route and the route is
des;g"ed in compliance with r<:~,'Jations specified i~ the Fair Housing
Act. J'lease note that ar time of p.iJ'mit review, the applieant shall provide
detlli\ed dOCllrTlCntstiOll on the pIn ns that will verify that the accessible
rout1 is in eompliance with t~: regulations spceified in the Florida
Acc95ibility Code for Building Foostruc!ion. This documentation shan
incbifl~ but not be limited. to, pr<>~'~ iding fmioh grade elevations 510ng tbe
path of travel. ! '
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pARKS AND RECREATION
I
ComrnCl\t:l: ! None ! X
FOJU:STERIE~',)NMENT ALIST
'.
HUg CC cuu~ ~U_.~~
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e7/31/2ee2 14:33
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551375025~
BOYNTON BEACH P & Z
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fY7/17102
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CerM1ents; i
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DEPARTIt IENTS
INCLUDE
IS: The ~ecs noted on !be master plaz1t list must be a minimum of 12 reet in X
heigllt and three (3) inches is dian)" ter at time of planting.
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19. The ~lan does not show the City ,.;. gnature treeS~ neat the ingress/egress X
sites.; PTovide silmalule trees at tb'e;e areas.
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PLANNING AJ;P WNING
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Comments' i ;
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.20. The ~uffer wall must have stucco ~ 1 both sides, Indicate by note that Ibis
will lie provided. Also, staff reco.t; ,nends that the style of the buffer wall
be ~anced with details such as c~,':nices, columns. and multiple color
tones! i
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21. The ~igustrum trees sball be instafd at leasl12 feet in hcight.
22, All a~ove ground mechanica1 cqui~';nc:nt such as ex tcrior utility boxes,
met9s. lransfomJI:Ts, II1d b8ck-fl~ prevmters shall be visually screened
wi~ ~ropriate landscaping I h". material (Chapter 9, Section .
IO.C"~.I. "
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23, Stipulation and Settlement Agreen\;'nt: The building height lhall not
Cl<cedd ~ (2) stories. i .
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24, Stipulation and Settlemcnt ^gre~i:nt: All dUl1"4'5ters to be located away
frOll) ~diacent residential oms. i :'
2$, Stipulaticn and S'Cttlc:incnt AgreeJ"nt Construction of the six.foot
zonin~ boW)dary wall shall be co~"inatcd with. the governing association
ofrh<; adjacent r.sidential propcnyi"nd tho existing buffer hedge shall be
remo"ed and replaced with sod an4 londscaping to tho specification. of
lh. 2dvemin~ ..sec1ation at no cost to the 110vemil1ll associatiOll, '
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26. Stipulation and Settlement Agrecni<,t; Parking tot lighting shall be
shad.~ so as to DOt shine dire<:tly i,Mo residential areas, and parking lot
lighti*G'shall not be illuminated afu t t 1:00 p,m. Staff recommends th/lt
the Ii~ting fIXtures proposed alans: the north and cast propert)llin.s
should have reflectors installed on tLcl1l so that light is directed towards
the p~Jcing lot and building and a"'<,y from the residential
nei2hborhood.. : '
I :.
27. Thel:indscape plan tabular <:\sta il1~('l'1:ectly indicates that 240 parking
sr>a.cd are Drovided. The bJ1dsca~:cl.n mu.st mateh lhe sile clan and
,
x
x
x
x
x
x
x
x
PAGE 17
REJECT
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561375&259
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PAGE 18
CO^
07/24/02
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, J>EPARJl,1ENTS INCLUDE REJECT
, indi~te the coueet amount (234 ~: >aces),
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28. Inclllde the propo~ Bo.ton Fem,:N'E3). Florida Coonlje (ZF) and
Tib~uehinD granulosa (TB) in th~' ;mdscape plan plnn! li.t.
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29, Staffrcconunends using nne (I) ~dor from Ibe color palette for eacb X
large segment o("'all. {ffi~ (5) ~:ifT=t colors are to be used, srafT
woutd also support utili:zing Icss-~ Imse colors from the same color
palette. i ,
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30, Staqrecommends that the color <if the proposed slanding scam metal X
aWnlhg be cOl1lpanble with the Sol' Ie roof calor of tbe Homewood
Resi~ence. ! .
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31. Sla~=omnlC:nds adding/Dore \1"~':S within the proposed landscaped X
islanlls located at the buildinll's fik ot entrance twcsi).
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32. Staffrecommmds extending the Ib,Jdscape ,lJ'ips(currcntlyproposed X
alon4 the building sides) around t~' tbe front corners, up to but not to
intafere with the aeccssibilityrami.. Landscape these new areas with
bothltan and m.dium heigbt tree ~r'ecics.
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33. 'Reg4-uing the prllp06Cd entrance ~: ong Golf Road. staff recommends X
either reloeating the Bellsouth pol~ or move Ihe entrance to, the east 50
that there will be no conflict I
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34, The ~nument sign, proposed wi#,' in Ihe west landscape buffer must be X
all~ll0 reet from the property lb. (ChaplCT 21, Article lV, Section
2,B.)[ Also, the: color ofthemon~i lenl sign shan match one (I) oflhe
buildln. colors. !
i !.
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35. The ~n-ecti01\al signs proposed i.n ~he landscaped roundabout mal' not X
c><cedd four (4) fa:t in area, nor fiv" (5) feet in height (Chapter 21,
Article IV Sccrion 2,F.). !
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ADDmONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
,
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Conunents: I i
36, The Jte shall meet and exceed the!i':linimum landscape requirements. X
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31. TbC ,uffer "'011 Illllst haye stucco o! be made of ~cast concrele on both X
sides!, Indicate by note thaI !hi, wi! 'be provided. Sl3frllho recommends
that ~e slYle of the buffer wall be ~ IhanCed with details such as comices,
cOlunins, and multiple color roncs.~:'
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i DEPARR IENTS INCLUDE REJECf
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!u>DITIONAL CITY CO!\'hvOSSION CONDITIONS
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Comments: : i
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. 38. To bb determined. I,
MWR/sc ' J
s.\Pliilnnln9\St-lA~O\V\P\P~OJECTSW.C1-Arb pro,,~'jion31 elf. Gclf&Congress'COA,dlJC
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10/04/02 14:59 FAX 561 842 36'
Ii!J 002
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LAW
OFF
C E S
WARD. DAMON
& POSNER
PROFESSIONAL ASSOC1ATl,ON
Conrad Damon
E-mail: cdamon(cj)warddamon.com
4420 BEACDN ClRCLE
WEIiiIT PALflot BEACH, f"L 334D"7
TEL: l5611 842-3000 . F'AX: (!!lIS 1 ) El42-3626
October 4, 2002
Via Facsimile: 954-771-4923 and U.S. Mail
Mike Pawelczyk
Goren Cherof Doody & Ezrol
3099 E. Commercial Blvd., Suite 200
Ft. Lauderdale, FL 33308
Re: Medical Arts Professional Center, Ltd.
Dear Mr. Pawelczyk:
This shall serve as a follow up to our telephone conversation on October 3, 2002
regarding the Medical Arts Professional Center development. I understand from you that
my September 23, 2002 letter to James Cherof was referred to you for response. The
issue is amending a recorded Declaration which requires the building of a boundary wall
and the removal of a hedge, such that the boundary wall may be built without the removal
of the hedge. Ail interested parties agreed to this minor and reasonable change.
In accordance with your request, I have enclosed a copy of the City of Boynton
Beach Development Order dated August 9, 2002. Please note that the conditions of
approval attached as Exhibit C require in Section 25 thereof, the removal of the buffer
hedge, in identical language to the language contained in the Declaration. You've
previously received a copy of the Declaration with a copy of my September 23,2002 letter
to James Cheraf,
I have also enclosed a copy of a certification by the neighboring homeowner's
association, Boynton Leisureville Community Association, Inc., confirming that the affected
homeowner's association as defined in the Declaration, wishes for the hedge to remain,
rather than be removed.
I understand fram you that you are forwarding a copy ofthe underlying Stipulation of
Settlement with the City of Boynton Beach concerning this property.
I don't want to make this into a major legal endeavor. I represent the developer who
wants to develop a piece of property which is encumbered by a Declaration which requires
10/04/02 14:59 FAX 561 842 36
141003
.
.
October 4, 2002
Page 2
the construction of a wall and the removal of a hedge, both of which are to be coordinated
with the neighboring homeowner's association. The neighboring homeowner's association
does not want to have the hedge removed. The developer is happy to accommodate
them, and I assume the City of Boynton Beach will have no objection. I don't want the
developer to develop the property contrary to the recorded Declaration. Therefore, I want
to amend it. The neighboring homeowner's association will have no problem joining in the
Amendment. The City of Boynton Beach needs fo join in because they are named in the
body of the Declaration itself, and because they joined in a prior Amendment to the
Declaration.
Hopefully we can streamline and simplify this process as much as possible, and
complete it as quickly as possible. The developer should be ready to commence
construction within the next couple of weeks, and I would very much like to putthis issue to
bed.
Thank you for your prompt attention to and cooperation in this matter.
CD/gaj
Enclosures
cc: Medical Arts Professional Center
Vitcar Consulting Co., Inc.
S:\Users\CD\Sirpat\PawelczykUr .doc
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GOREN, CHEROF, DOODY & EZROL, P.A.
ATTORNEYS AT LAW
SUITE 200
3099 EAST COMMERCIAL BOULEVARD
FORT LAUDERDALE, FLORIDA 33308
SAMUEL S GOREN
JAMES A. CHEROF
DONALD J. DOODY
KERRY L. EZROL
MICHAEL D. CIRUllO, JR
TELEPHONE (954) 771-4500
FACSIMilE (954) 771-4923
JULIE F KLAHR
LINDSEY A. PAYNE
DAVID N. TOlCES
MICHAEL J PAWELCZYK
STEVEN L. JOSIAS, OF COUNSEL
October 10, 2002
VIA FACSIMILE 561-842-3626 (3000)
and VIA U.S. MAIL
Conrad Damon, Esq.
Ward, Damon & Posner, P.A.
4420 Beacon Circle
West Palm Beach, FL 33407
RE: Medical Arts Professional Center, Ltd.
Dear Mr. Damon:
This is in response to your letter of September 23, 2002, as well as our telephone conversation of
October 3, 2002.
Attached is a copy of the Stipulation and Settlemenl Agreement entered into in Palm Beach
County Case No, CL-896178-AN, which governs the Alhambra properties, You will notice that
Section 11,a.(3) requires that the hedge be removed and replaced with sod and landscape.
Accordingly, should the City Commission approve the action you are requesting, the Stipulation
would have to be amended and approved by the Court. I believe that this could be accomplished
through an Agreed Motion to Approve Stipulated Order.
You have requested that I review your proposed amendment 10 the Declaration of Covenants. I
intend to conduct such review over the next week, and will forward the same to the appropriate
City staff for their respective review and comment.
I do not necessarily agree that Ihe City would need to join in the Amendment 10 the Declaration
of Covenants; however, it does appear that both the Development Order and the Stipulation and
Settlement document would need to be amended with approval of the City Commission.
A '. ...
Page Two
Finally, you requested information with respect to the individuals dealing with the Alhambra
Square South property. I have been informed that the attorneys involved are Keith S. Austin, J1.,
Esq., of the law firm of Murphy, Reed, Pilot, Ford and Austin, representing the new owners of
the Alhambra Square South property, and Michael Weiner, Esq., who represents Centex Homes.
I look forward to discussing this matter with you in the next week or so. Hopefully, the
information I have provided you with this letter will be helpful. Should you have any questions
or wish to discuss this matter further, please do not hesitate to contact me.
MICHAELJ. PAWELCZYK
.
MJP:kvb
Enclosure
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MEMORANDUM
To:
Mr. Michael Rumpf
Planning & Zoning Director
City of Boynton Beach
TerryL.Hess,AlCP ~ e/~
Planning Director ~ (
From:
Date:
July 26, 2002
Subject: Notice of Permit Application No. 020712-24
Medical Arts Professional Center
Attached is a notice of application for an environmental permit to conduct dredge and fill
or similar activities within or adjacent to your community. We are disseminating this
information for your review and comment.
The information provided with this notice is very brief, but you may contact the
permitting agency directly for further information if needed in order for you to assess the
impacts of the proposed activities on your community.
If the proposed activities are not consistent with your comprehensive plan or other locally
adopted plans or regulations, or if you have any other comments, please submit them to
the permitting agency by the deadline date indicated in the attached materials. We would
also appreciate receiving a copy of any comments you may have for our files.
Attachment
~~Bringing Communities Togeth ". B
e r st.
1976
301 East Ocean Boulevard - Suite 300 . Stuart, Florida 34994
Phone (561) 221~4060 - SC 269~4060 ~ Fax (5.1) 221.40.7 E ') d - (ii)
- ~mal - A mln tcrnc orr
. (Ot>'Illfvo fb~
SOUTH FWRIDA \VATER MANAGEMENT DISTRICT
3301 CUll Club Rtl,ld. \o\l'~11',11m Ht',llh. Flllrid.l ;;..J-I)h . (.'ih]) hSh-88110 . Fl. \\'Al'-i l-HOO-432-204::; . 1'081"/-(1) 1,1I;:--2::;-.t
M'liling Addfl'o.;" I' l) Rll\. 2-1-(1811, \\ e<;[ J-\11111 Bt',Kh. FI ,l-1-16-..J-11S(1 . \\'\\'w.<:;fwmd.hO\.
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NOTICE
JUI
,i ''''it
July 17, 2002
Subject:
Environmental Resource Permit Application
Application No, 020712-24
Applicant: Hematology & Oncology Associates
Palm Beach County, S32 fT 45S/R42E
The South Florida Water Management District is currently processing the attached application, If
you have any comments or objections concerning this project, please submit them in writing to
this office within 30 days of receipt of this notice,
This is also an opportunity for applicable State agencies to concur with or object to the proposed
project under the federal consistency provision of the Coastal Zone Management Act. Review
must be in accordance with the procedures adopted by the Interagency Management Committee
on October 25, 1989, Findings of inconsistency must describe how the project conflicts with your
agency's statutory authorities in the Florida Coastal Management Program and provide
alternative measures, if any, which would make the project consistent. Commenting agencies
must provide a copy of all consistency comments letters to the Florida Coastal Management
Program Director, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee,
Florida 32399-2100,
Please refer to the applicants name and application number as referenced above in any
correspondence to help facilitate processing. Questions concerning this project should be
addressed to Rob Robbins at (561) 682-6951 or Tony Waterhouse at (561) 682-6867,
BAC:rd
Attachments
c:
US Army Corps of Engineers
Bureau of Protected Species Management
Department of Community Affairs
Department of State Division of Historical Resources
Regional Planning Council
Palm Beach County DERM
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Ht'nry Dean. Ly,.'-lIlli',' PIn'd"1
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OWNER!S} OF LAND
NAME
'dUJ6
6N'r:Y;/.CG 4s:s"c.
ENTITY TO RECEIVE PERMIT (IF OTHER THAN OWNER),
NAME
.
AllORESS
4
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ADORESS
n. 334~
CITY. STATE. ZIP
COMPANY'AND rnu
COMPANY AND TITlE
Ti:L.:PHONE I
FAX ( I
TELEPHONE I
FAX ( )
AGENT AUTHORIZm TO SECURE PERMIT III' AN AGENT
IS USEOl
CONSUL TAHT III' DIFi'ERENT FROM AGENT}
NAME
f(~, AA/THM
.?
NAME
Ronald E. Bucina, P.E.
COMPANY AND mL.:
Keshavarz & Associates, Inc.
CO MP ANY AND TlTL.:
.
ADDRESS
1280 N. Congress Ave., Suite 206
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FAX I Sf. I) 'Z 8' - 5 7
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CITY. STATE. ZIP
West Palm Beach, FL
33409
roL.EpHONE (561) 689-8600
FAX (56) 689-7476
Name of project, including phase if applicable Medical Arts Professional Center Is
this application for part of 8 multi-phase project? C yes ~ no
Total applicant-owned area contiguous to the project ac
Total project area for which a permit is sought 3.917 ac
Impervious area for which a permit is sought 3.265 ac
What is the total area (metric equivalent for federally funded projects) of work in, on. or over ,
wetlands or other surface waters? NI A
'acres square feet hectares square meters
Number of new boat slips proposed. N I A
Project location (use additional sheets, if needed)
County(ies) Palm Beach
Section(s) 32
Section(s}
Land Grant name. if applicable
Tax Parcel Identification Number
Street address, road. or other location NE corner Congress Avenue & Golf Road
City. Zip Code if applicable
Township
Township
45S
Range
Range
42E
Paoe 2 of 4
~
,
Describe in general terms the proposed project, system, or activity.
Connnercial project served by a system of inlets and exfiltration
trench for surface water management with a control structure which
discharges to Palm Beach County Drainage System.
If there have been any pre-application meetings, including at the project site, with regulatory staff,
please list the daters), location(s), and names of key staff and project representatives.
Please identity by number any MSSWlWetland resource/ERP/ACOE Permits pending, issued or
denied for projects at the location, and any related enforcement actions.
Agency
Date
No.\Type of Application
Action Taken
Note:The followino information is reouired onlv for proiects proposed to occur in ,on or over
wetlands that need a federal dredoe and fill permit andlor authorization to use state owned
submeroed lands and is not necessary when apclvina solelv for an Environmental Resource Permit.
Please provide the names, addresses and zip codes of property owners whose property directly
adjoins the project {excluding applicantl. Please attach a plan view showing the owner's names
and adjoining property lines. Attach additional sheets if necessary.
1. 2.
3.
4,
Page 3 of 4
~
... .."
-
By signing this application form, I am applying, or I am appiying on behalf of the applicanT; for the permit
and any proprietary authorizations identified above, according to the supporting data and other incidental
information filed with this application. I am familiar with the information contained in this application and
represent that such information is true, complete and accurate. I understand this is an application and
not a permit, and that work prior to approval is a violation. J understand that this application and any
permit issu~d or proprietary authorization issued pursuant thereto, does not relieve me of any obligation
for obtaining any other required federal, state, water management district or local permit prior to
commencement of construction. I agree, or J agree on behalf of my corporation, to operate and maintain
the permined system unless the permining agency authorizes transfer of the permit to a responsible
operation enti~. I understand that knowingly making any false statement or representation.in this
application is a violation of Section 373.430, F.S. and 18 U.S.C. Section 1001.
gent is used) or Agent (If one is so authorized below)
. 1 '1 01-
o e
Signature of .A.,."liesflfs/Agent
Agent
(Corporate Title if applicablel
AN AGENT MAY SIGN ABOVE ONLY IF THE APPUCANT COMPLETES THE FOUOWlNG:
I hereby designate and authorize the agent listed above to act on my behalf, or on behalf of my
corporation, as the agent in the processing of this application for the permit and/or proprietary
authorization indicated above; and to furnish, on request, supplemental information in support" ot the
application. In addition, I authorize the abov&-Iisted agent to bind me, or my corporation, to perform any
requirement which may be necessary to procure the permit or authorization indicared above. I
understand that knowingly making any false statement or repre:aentatio in this application is a violation
of Section 373.430, F.S. and 18 U.S.C. Section 1001. _
\) R .s>.JI~~bR.,A \<... S I ~"'A\... c..-- '\ ~1-
Typed/Printed Name of Applicant .: .-" "'lieam Date-
(Corporate Tirle if applicable)
Pi.as. note: The acclic:ant's oriQinal siana1Ur. (not 8 coo." is reouired .bove.
PERSON AUTHORIZING ACCESS TO THE PROPERTY MUST COMPLETE THE FOLLOWING:
I either own the property described in this application or I have legal authori~ to allow access to the
property. and I consent, after receiving prior notification. to any site visit on the property by agents or
personnel from the Department of Environmental Protection, the Water Management District and the U.S.
Army Corps of Engineers necessary for the review and inspection the proposed project specified in
this application. I authorize these agents or personnel to e rOPr as many times as may be
necessary to make such review and inspection. F e pro~Jd entry to the project site for
such agents or personnel to monitor permined or i s 9r~ej . Li.J
Mr. Anthony Polera - , i 'i ""l..
Typed/Printed Name Signature Date
Agent
(Corporate Title if applicable)
c........."" A _~ A
~
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.~
... om
FOR AGENCY USE ONLY
DEPtWMO Allplication I
D.. Application Received
Fee R.oo;v.d $
Fe. R.ooipt #
ACOE Allpliuticn I
Oate Application Rtic.ived
ProIlOUd PnlioctLat. _0_'_'
Proposed Proj.ct.Long. _._'_.
SECTION A
Are any of the activities described in this application proposed to occur in, on, or over wetlands or
other sur;tace waters? eyes 'rj( no , . ..
Is this appJication being filed by or on behalf of a government entity or drainage district?
eyes )(no
A. Type of Environmental Resource Permit Requested (checl< at least one)
o Noticed General. include information requeSled in Section 8.
Xl! Standard Gener!1 (Single Family DwellingHnclude information requested in Sections C and
D
it.. Standard General (all other projects) . include information requested in Sections C and E.
o Individual (Single Family Dwelling) . include information requested in Sections C and D.
o Individual (all other projectsl - include information requested in Sections C and E.
o Conceptual - include information requested in Sections C and E.
o Mitigation Bank Permit (construction) - include information requested in Section C and F.
( If the proposed mitigation bank involves the construction of a surface water management
system requiring another permit defined above, check the appropriate box and submit the
information requested by the applicable section. )
o Mitigation Bank (conceptual1 - include information requested in Section C and F.
B. Type of activity for which you are applying {check at least onel
)( Construction or operation of a new sySlem including dredging or filling in, on or over
wetlands and other surface waters. '
o Alteration or operation of an existing system which was not previously permitted by a WMD
or DE?
o Modification of a system previously permitted by a WMD or DEP. Provide previous permit
numbers.
o Alteration of a system 0 Extension of permit duration 0 Abandonment of a
system
o Construction of additional phases of a system 0 Removal of a system
C. Are you requesting authorization to use State Owned Lands. e yes ~o
(If yes include the information requested in Section G.I
D. For activities in, on or over wetlands or other surface waters, Check type of federal
dredge and fii! permit requested:
o Individual 0 Programmatic Gen.;;;l.
o General 0 Nationwide r\!ot Applicable
E. Are you claiming to qualify for an exemption? eyes "'no
If yes provide rule number if known. "
P~"',CI , f"I f d
PROJECT LOCATION MAP
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II
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CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City Deadline for Submittal to City P & DjCRA Requests Deadline
Commission Meeting Clerk's Office
Dates
DAu ust 20, 2002
DSe tember 3, 2002
DSe tember 17 2002
DOctober 1 2002
DOctober 15, 2002
DNovember 6, 2002 October 14
*Due to holiday on September 2nd
')-'/r"lo"2...
Depart ents are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head
Wilfred Hawkins for de artments under Administrative Services
Finance De artment for items that involve ex enditure of funds
All back u material is attached
All exhibits are attached & marked e. ., Exhibit "A'
Department Head's initials: .. J1rf,
Medical Arts professiona~WSP 02-009)
Please do not write in the shaded area below.
Legal Department signature 0
City Manager's signature
o
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing 0
Incomplete submittal 0
Missed deadline 0
Other 0
Reason:
Person contacted to pick up rejected request
by
on
(Date)
bg - 7/19/02
J:\SHRDATA\Planning\Planning Templates\AGENDA ITEM COVER SHEET CHECKUST,doc
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PGAL
memorandum
date: JuZv 10, 2002
to:
Eric Johnson, Planner, City of Boynton Beach
from:
Jennifer Evangelist
re:
Medical Arts Professional Center. City File #NWSP 02-009
Eric:
Below please find the description that you requested for the architectural style of the Medical
Arts Professional Center project,
The shape on form of the Medical Arts Professional Center is designed to reflect a natural
setting. Due to the use of this facility as medical offices, there are few windows on the exterior of
the structure, The building itself consists of tilt-up concrete construction and as a result, the
building appears massive and heavy. The building skin was designed to break up this mass. by
emulating rock formations that are found in nature, This occurs through the use of reveals and
control joints as well as a vGl)'ing color palette that consists of peach, taupe, and rich spice
colors, The natural shapes and colors blend well with the landscaping that has been chosen for
this project. The open air, interior courtyard of the building acts as a tranquil oasis for clients
within the space, The courtyard is well landscaped. containing varying plants and a small
fountain, Offices look out onto this space through floor to ceiling gray glass windows,
The natural appearance of the building has been carried over into the other structures that will
exist on the site, such as the buffer wall. trash enclosure and monument sign, The buffer wall
consists of a pre-cast concrete panel system that comes finished on both sides from the
manufacturer, The wall will then be painted Benjamin Moore #2170-60 Sunlit Coral for the field
color and Benjamin Moore #AC-14 Pecos Spicefor the accents. The dumpster enclosure will be
of similar construction with the same paint scheme, The monument sign reflects the natural
shapes on the building elevation, The sign appears as two rocks standing side by side. painted in
Benjamin Moore#A C-14 Pecos Spice and Benjamin Moore #2172-40 Raspberry Parfait, with a
lighter sign, painted with Benjamin Moore #2170-70 Soft White. "mounted" to the rocks. The
sign is actually an integral part of the tilt-up monument, The sign contains the building name,
and address and will be illuminated with spot lights that shine onto the rocks from the ground.
The base of the sign and lights will be surrounded with landscaping and groundcover,
The qjiceofPierce GrxxluinAlexander& Lzmille
791 Park of Commerce Boulevard Suite 400 Boca Raton, Florida 33487 Tel: 561/988.4002 Fa" 561/988-3002
AA0003337 EB00008240
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'f7'IL.eL ArT'5 :J/"7' err,
"
Fax
fax 00.561.742.6285
date June 13,2002
to:
Laurinda Logan
from:
Jennifer Evangelist
we are transmitting 4 pages (including this cover sheet).
If you do not receive a complete transmission, or if you have any
questioos, please call Jennifer at (561 )988-4002.
pro]eet name: HOA Medical Office Building
pro]ee! number: 715.01007,00
Laurinda:
Thank You again for taking the time to meet with us yesterday regarding the HOA Medical
Office Building. AI/ached please find a copy of the meeting minutes from yesterday's meeting.
Please call with any questions or comments. Thanks.
Signed:
X This j ssion; no olhe co y will be sent.
o In addition to this transmission. a hard copy will be sent via
U.S. Mail/Next Day Air,
Copies to: A. polera, K. Kwok, 1. Balint
The Ojft&e of Piem: Goodwill Alexander & Linville
791 Park of Commerce Boulevard Suite 400 Boc.. Ratoo~ Florida 33487 Tel: 561/988-4002 Fu: S61!9S8-3002
AAOOI));37 EBOOOO8240
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Minutes Of Meeting No. I
HOA Medical Office Building
PGAL #715.01007.00
Page 2
5.
In regard to irrigation, the comment stated that the City would prefer that a site not be
irrigated with City water if at all possible. L. Logan stated that if this is not feasible the City
will then just charge the property owner for the use of City water. A. Pol era asked that if a
well were to be incorporated into the site design, if the City has any restrictions on
placement. L. Logan stated that the City has no such restrictions.
L. Logan stated that when a comment refers to a specific code, that comment must be
addressed in the response. Items that do not refer to a specific code, are comments and
suggestions that should be addressed but are not requirements.
L. Logan Ihen listed which comments need to be addressed on the response. Comments 2, 5,
10,and 11.
Comment #3 referred to utility easements. There was a specific question about the "possible"
FPL line running through the property. A. Polera stated that he had checked and that there is
no FPL line running through the site. L. Logan requested that conflicts with utilities also be
checked into, for instance that tree trunks are not located exactly where light poles are
located.
Regarding utility easements, comment #8 refers to water and sewer easements. A. Polera
explained that there are currently no easements located within the site. L. Logan stated that
new easements within the property line should not be necessary but that existing easements
located adjacent to the property should be shown on the site plans as well as the survey.
L. Logan stated that Comment 18 about the general permitting process should be addressed
with a note on the site plans.
Comment #30 discusses driveway and sidewalk requirements. 1. Logan stated that sidewalks
must be continuous concrete surfaces through driveways and must be 5'.0" wide, minimwn
and be 6" thick. She stated that this could be illustrated on the drawings either with a note or
with a section. L. Logan then provided PGAL with the standard City approved details for
sidewalk design.
1. Logan stated that Comment #32 regarding site triangles is most important on the
landscape plan and that Boynton Beach uses typical FOOT details for these issues.
1. Logan discussed Comment #34 regarding buffer walls. The comment states that buffer
walls should be placed a 2'-0" distance inside the site, from the property line. A. Polera
discussed that there is a large, healthy ficus hedge growing adjacent to the site, on the
residential side of the property. For this reason, he has been investigating a precast wll
system that will not require the excavation of the existing hedge. This would all,,," ..
wall to be constructed closer to the property line than 2' -0". 1. Log, <.. f'\ V 5
the issue up with the Planning Dept. -+ \ \....-
K. K wok inquired as to whether the City allowed overhang parking. 1 _~~~ mat
it does allow overhang parking up to 2' -0" but the same area cannot be. ""unted as the 2' -0>>
of buffer space.
The discussion then focused on Comment #41, a question as to why the Right of Way line
appears inside the property line on the south and west sides of the property. J. Evangelist
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Uti., !.}, U.:: l/tL 1':::;);] 1':\,\ 1 ;)b.1 ~HH) .}UUL.
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Minutes Of Meeting No.1
HOA Medical Office Building
PGAL #715.01007.00
Page 3
explained that she and A. Polera had met with Jorge Hernanadez in the County Traffic Dept.
who told them that the Right of Way lines were shown incorrectly on the original plans and
should be expanded along the two main collector roads, Golf and Congress. These changes
are reflected in the current site plan that was submitted to the City. L. Logan found this
request to be questionable and wanted to discuss the issue with Dave Kelly, an Engineer for
the City. She phoned his office but he was out at a meeting. L. Logan stated that she would
discuss the issue later with Dave and if necessary, they would contact the County to
determine the immediate need for the larger right of way. If necessary all parties agreed to set
up a future meeting to discuss this issue.
16. Comment #42 refers to an existing sanitary line in the southeast comer of the site. L. Logan
stated that she would check to see if the Utility Dept. required an easement for this
connection.
17. A for Comments #43 and #44 L. Logan stated that these comments are suggestions that can
be addressed during permitting.
18. L. Logan then provided PGAL with City approved details for roadways, drive aisles, etc. and
agreed to continue to look into the issue with the right of way.
This is the Architect's record of the comments made by those present at the Meeting. If there are any
errors, corrections or omissions, please notify the Architect within one week of receipt of these Minutes,
or it shaJl be assumed that all parties present at the meeting have agreed and accepted these Minutes as
written.
Recorded by:
~
Distribution:
L. Logan
A. Pol era
K. Kwok
J. Balint
.
Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
FAX: (561) 742-6259
J0
PLANNING AND ZONING DIVISION
JI ()lv
(y}OJ 4J \ J(
r ~ 'rf"'
~~10
to: Anthony Polera- Vitcar Consulting, Inc,
fax#: 278-6857
date: June 4, 2002
from: Lusia Galav, Principal Planner
re: fIT REVIEW COMMENTS FOR Medical Arts Professional Center REVISED
Please find attached the first review comments for your project. To stay on the
current review schedule, please do the following steps listed below, and bring all
documents to the TRC scheduled for Tuesday July 2, 2002.
1. Revise your plans incorporating all comments listed herein, including the addition of
notes on plans to confirm response to general statements! comments, and bring 10 copies
to the TRC review meeting (full sets including all pages originally submitted);
2, Submit the additional information as requested within the attached comments; ( i.e. traffic
analysis, engineering certification, etc,)
3, Prepare a written response (7 copies) consisting of a list briefly summarizing how each
comment has been addressed on the revised plans or with the supplemental information
including location on Ihe plans ( this promotes an expeditious 2nd review by staff and
your project representatives during the TRC meeting );and
4.
Submit reductions (8 Y, X 11) for the proposed
site plans, elevations and landscaping plan (this
is required for the final report and public
presentation).
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
742-6260
Fax: 742-6259
The applicant should not attend a TRc (2nd review) until all documents have been revised and
copied for staff review. If plans will not be fully revised and brought to the scheduled TRC
meeting, contact Lusia Galav in this office by the Thursday prior to the scheduled meeting date.
Projects deviating from the original schedule are eligible for review at subsequent meetings,
which are held every Tuesday, To reschedule, contact Sherie Coale, by the Thursday prior to the
Tuesday TRC meeting that you desire to attend. The remainder of the review schedule will be
adjusted accordingly. If you have questions on the attached comments, please contact the
respective reviewer using the attached list ofTRC representatives,
If the plans are reasonably complete and all significant comments are addressed following TRC
(2nd review), the project is forwarded to the Planning and Development Board Meeting that falls
approximately 2 to 3 weeks following the TRC meeting, An "*" by any comment identifies a
comment thaI must be addressed prior 10 moving forward to the Planning and Development
board,
Note: Items recognized by staff as typically outstanding at this point include a traffic report
and/or confirmation ofthe traffic concurrency approval from the Palm Beach County
drainage certification by a licensed engineer, signed "Rider to Site Plan Application"
form and colored elevations of the proposed project. This information is necessary for
the project to proceed. If you have submitted this information, please disregard this note.
Engineering John Guidry Laurinda Logan 742-6482 742-6285
Building Don Johnson Timothy Large 742-6352 742-6357
Fire Department Steve Gale Bob Borden 742-6602 364-7382
Rodger Kemmer 742-6753 742-6357
Police Department Marshall Gage John Huntington 737-6167
Utililies John Guidry H, David Kelley Jf. 742-6488 742-6285
Public Works-General Larry Quinn Ken Hall 742-6283 742-6285
Public Works-Traffic Jeffrey Livergood
Parks & Recreation John Wildner 742-6227 742-6233
Forester/Environmentalist Kevin Hallahan Kevin Hallahan 742-6267 742-6259
Planning & Zoning Michael Rumpf, Lusia Galav 742-6262 742-6259
CHAIRMAN
Revised 01/]4/02
S IPlamungISHARED\WPIPROJECTSIMed-Arts Professional Ctr. Golf&Congressllst Review comments FAX COVER.doc
.
TRANSMISSION VERIFICATIOh REPORT
TIME 05/04/2002 14:35
NAME BOVNTON BEACH P & Z
FAX 5513755259
TEL 5513755250
DATE. TIME
FAX NO. /NAME
DURATION
PAGE(S)
RESULT
MODE
05/04 14: 28
92785857
00:07:20
12
Ok
STANDARD
EeM
Department of Engineering
and Public Works
PO. Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Warren H. Newell. Chairman
Carol A. Roberts. Vice Chair
Karen T. Marcus
Mary McCarty
Burt Aaronson
Tony Masilotti
Addie L. Greene
County Administrator'
Robert Weisman
~An Equal Opportunzty
Affirmative Arnon Employer"
@ printed on recycled paper
fiLl.
June 10, 2002
Mr. Michael W, Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
P,O. Box 310
Boynton Beach, FL 34425-0310
RE:
Medical Arts Professional Center
TRAFFiC PERFORMANCE STANDARDS REVIEW
Dear Michael:
The Palm Beach County Traffic Division has reviewed the traffic study for Ihe project
entitled; Medical Arts Professional Center, pursuant to the Traffic Performance Standards
in Article 15 of the Palm Beach County Land Development Code, The project is
summarized as follows:
Location:
Municipality:
Existing Uses:
Proposed Uses:
New Daily Trips:
Build-out:
NE Quadrant of Congress Avenue/Golf Road Intersection
Boynton Beach
None
43,000 SF Medical Offices
1,396
2003
Based on our review, the Traffic Division has determined that the project meets the
Traffic Performance Standards of Palm Beach County, It is however suggested:
. The City of Boynton Beach to review AM peak hour project traffic accessing the
Congress Avenue access driveway, via southbound Congress Avenue and
making a northbound U-turn at the Golf Road intersection, The quantity of this
movement has been projected to be 35 vph during the AM peak period, which
can potentially impact operations and safety at this location, A potential
soli1tjO!~ may be br the S8 CO:1gr~::s ,tl,....-3m;c project tr;:ffic, t8 Dccess the site
through the access driveway on Golf Road,
If you have any questions regarding this determination, please contact me at 684-4030,
Sincerely,
M-THEC
NEER
I
!' r, ~
II;'.
11'1
, 1
1
I'
.:Jm1
Masoud Atefi, M~CE ,
Sr. Engineer - Tra~ision
cc: Gerald B. Church, PE.
File: General - TPS - Mun - Traffic Study Review
F:I TRAF FI ClmalAdminlApprovalsl020520.doc
~
., JJft
Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, flORIDA 33425-0310
FAX: (561) 742-6259
PLANNING AND ZONING DIVISION
To:
Fax#:
Date:
From:
Re:
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Pages:
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
742-6260
Fax: 742'6259
TRANSMISSION VERIFICATION REPORT
TIME 06/13/2002 15:49
NAME BOVNTON BEACH P & Z
FAX 5613756259
TEL 5613756260
DATE. TIME
FAX NO. /NAME
DURATION
PAGE(S)
RESULT
MODE
06/13 15: 48
92786857
00:00:56
02
OK
STANDARD
ECM
Department of Engineering
and Public Works
P.o. Box 21229
West Palm Beach. FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Warren H. Newell. Chairman
Carol A. Roberts. Vice Chair
Karen T. Marcus
Mary McCarty
Burt Aaronson
Tony Masilotti
Addie L. Greene
County Administrator
Robert Weisman
"An Equal Opportumty
Affirmative Action Employer"
@ printed on recycled paper
~~[p)\;~?
June 10, 2002
Mr, Michael W, Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
P,O. Box 310
Boynton Beach, FL 34425-0310
RE:
Medical Arts Professional Center
TRAFFIC PERfORMANCE STANDARDS REVIEW
Dear Michael:
The Palm Beach County Traffic Division has reviewed the traffic study for the project
entitled; Medical Arts Professional Center, pursuant to the Traffic Performance Standards
in Article 15 of the Palm Beach County Land Development Code, The project is
summarized as follows:
Location:
Municipality:
Existing Uses:
Proposed Uses:
New Daily Trips:
Build-out:
NE Quadrant of Congress Avenue/Golf Road Intersection
Boynton Beach
None
43,000 SF Medical Offices
1,396
2003
Based on our review, the Traffic Division has determined that the project meets the
Traffic Performance Standards of Palm Beach County, It is however suggested:
. The City of Boynton Beach to review AM peak hour project traffic accessing the
Congress Avenue access driveway, via southbound Congress Avenue and
making a northbound U-turn at the Golf Road intersection, The quantity of this
movement has been projected to be 35 vph during the AM peak period, which
can potentially impact operations and safety at this location, A potential
sO!u~ior~ ma) be f0f the SB Congr8ss ,~,vr:ml)e project trame, t:J access the site
through the access driveway on Golf Road,
If you have any questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE C
/Y)",
r:::--~'-~.- .
, ,
Masoud Atefi, M~CE ,
Sr, Engineer - Tra~ision
cc: Gerald B, Church, PE,
.
:'m
File: General - TPS . Mun - Traffic Study Review
F:I TRAFFIClmalAdminlApprovalsl020520,doc
DEPA RTM EN T 0 F DEV 8..0 R\.I1 EN T
Ranning and Zoning Divison
. Building . Planning & Zoning . Occupational Ucenses . Community Redevelopment
May 17, 2002
Mr, Masoud Atefi MSCE, Senior Traffic Engineer
Palm Beach County Traffic Division
Department of Engineering and Public Works
P,O, Box 21229
West Palm Beach, Florida 33416
Re: Traffic Study: Medical Arts Professional Center
NWSP 02-009
Dear Mr, Atefi:
The enclosed traffic generation statement, prepared by Gerald B, Church, P.E. was recently
received by Planning and Zoning for the above-referenced application, Please review the
enclosed information for conformance with the County's Traffic Performance Standards
Ordinance, and provide Tim Large, Building Code Administrator and I with your written
response.
If you have questions regarding this matter, please call me at (561) 742-6260.
Sincerely,
1iV{)C-
Michael W. Rumpf
Director of Planning and Zoning
MWR/sc
S:\PlamingISHAREO\WP\PROJECTS\Med-Arts Professiooal CIr. Gotf&Congess\Traffic letter to Palm Beacn County,doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beaeh, Florida 33425.0310
Phone: (561) 742~350 . www.ci.boynton-beaeh.f1.us
,
Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, flORIDA 33425-0310
FAX: (561) 742-6259
PLANNING AND ZONING DIVISION
to: Anthony Polera-Vitcar Consulting, lnc,
fax#: 278-6857
date: June 3, 2002
from: Lusia Galav, Principal Planner
re: 1'1 REVIEW COMMENTS FOR Medical Arts Professional Center
Please find attached the first review comments for your project. To stay on the
current review schedule, please do the following steps listed below, and bring all
documents to the TRC scheduled for Tuesday July 2, 2002.
I, Revise your plans incorporating all comments listed herein, including the addition of
notes on plans to confirm response to general statements/ comments, and bring 10 copies
to the TRC review meeting (full sets including all pages originally submitted);
2. Submit the additional information as requested within the attached comments; ( i,e. traffic
analysis, engineering certification, etc,)
3. Prepare a written response (7 copies) consisting of a list briefly summarizing how each
comment has been addressed on Ihe revised plans or with the supplemenlal information
including location on the plans ( this promotes an expeditious 2nd review by staff and
your project representatives during the TRC meeting );and
4.
Submit reduclions (8 Yz X II) for the proposed
site plans, elevations and landscaping plan (this
is required for the final report and public
presentation).
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
742-6260
Fax: 742-6259
The applicant should not attend a TRC (2nd review) until all documents have been revised and
copied for staff review. Ifplans will not be fully revised and broughl to the scheduled TRC
meeting, contact Lusia Galav in this office by the Thursday prior to the scheduled meeting date,
Projects deviating from the original schedule are eligible for review at subsequent meetings,
which are held every Tuesday. To reschedule, contact Sherie Coale, by the Thursday prior to the
Tuesday TRC meeting that you desire to attend. The remainder of the review schedule will be
adjusted accordingly. If you have questions on the attached comments, please contact the
respective reviewer using the attached list of TRC representatives.
If the plans are reasonably complete and all significant comments are addressed following TRC
(2nd review), the project is forwarded to the Planning and Development Board Meeting that falls
approximately 2 to 3 weeks following the TRC meeting. An "*,, by any comment identifies a
comment that must be addressed prior to moving forward to the Planning and Development
board,
Note: Items recognized by staff as typically outstanding at this point include a traffic report
and/or confirmation of the traffic concurrency approval from the Palm Beach County
drainage certification by a licensed engineer, signed "Rider to Site Plan Application"
form and colored elevations of the proposed project. This information is necessary for
the project to proceed. If you have submitted this information, please disregard this note,
Engineering John Guidry Laurinda Logan 742-6482 742-6285
Building Don Johnson Timothy Large 742-6352 742-6357
Fire Department Steve Gale Bob Borden 742-6602 364-7382
Rodger Kemmer 742-6753 742-6357
Police Department Marshall Gage John Huntington 737-6]67
Utilities John Guidry H. David Kelley Jr. 742-6488 742-6285
Public Works-General Larry Quinn Ken Hall 742-6283 742-6285
Public W orks- Traffic Jeffrey Livergood
Parks & Recreation John Wildner 742-6227 742-6233
Forester/Environmentalist Kevin Hallahan Kevin Hallahan 742-6267 742-6259
Planning & Zoning Michael Rumpf, Lusia Galav 742-6262 742-6259
CHAIRMAN
Revised 01/14/02
S \PlanningISHAREDlWP\PROJECTSIMed Arts Professional CIT. Golf&Congress\lS1 Review comments FAX CUVER.doc