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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 . ~ &!:. n}~" ,," ... t - :;;'D1~t;I.....!=C.. !,:- ~!~! '$...l- "~ .:_ '101 ,:::."1:- ~~~.~:r;:.~.."",;z~'!':t":;= -=:'~Il ~"'.;a..e.---:;...- ...~ J$ .:..,~~~_.~ ......'.? r , ::",..~',.._.... ire~,.-"-'" Witnesses: 41d~~ qr l ~- -::r4Py~e- C.osTe//., ~/~b SS~ w~ (iJl-".Ih'V If u A. ) ~ crn.'I~ 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 __ R.__._'" 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 vJ=~~ 4 __~/24/03 10:20 FAX 561 642 3~J~ '01/15/03 09: 18 P,U 581 84 J28 1aJ006 IaiOD1 : \ . 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 ~(; I ~ talJEu. P !BIERIIAN .:;.W; ''1 IIYCOIIIlIS5lON'OO1313li5 " ~. _ - ElPlIlES: NMmbotlllllllt ! -.:t;!-;, .....11Iu~...,MIiI~ '_or -_ 5 07124/03 -,4 10:20 FAX 561 642 3626 20'O~ 11:19RM ,.TTCRR CO'NSULTIMG CO I~C ,- , --5" 127SS857 Ii!I 009 / ,..6 ~ OFFICIAL CHECK 972069185 f FIDELITY f~R~~~ JEU 0111I,. SIal. w~ Palrao De.Kh. Ao,iQ D4DI f:s:r:t:=I~=~t=,"\~~' E~.-GlIlIi.1~ PAY '"""1WO"l'HOlJ.S.\ND ElCHTY and 101 tOO-" May 09, 2003 $2.080.10 ctIY OF BOYNrON B~CH G~NERAl.. FUND ~'M!.I\: FlOELIT"t' "'EDS\Al ao\~", TAun ~ c o ]; ; FOIl VII'Cl\RCONSULTINO co.. me.. NOIll NEGOTIABLE CUSTOMER COpy MIrH~OMl"'TWI" ..RUItIE...., .. ._...:...<::111"'"",..",. . .."..........,:,2" -,............w .......,. .~.....,.. --.,..,........._......._......_.,.lh'._~;'.....I...:'~':;i_.Jn""__...unl:...r.......,..1I.1...~r...h...:I_. ""'~"" "k',=a,n'IOI;;l!IL'.!. Il" ..OS" 30uI ':0 i! 20DOar,al: Sr80D'1? 201:,'11085 ?UI 07/24/03 10: 21 FAX 561 :42 \~~~~A~ , ~~~_2003 11:20A ) /~ CONSULTING co INC 5S 12./tlol:l:> I 1ill010 r"- OFFICIAL CHECK 9720691E fFIDELIlY fB?~~~, lIIS DII.t.I Slaa. w_ ... IGllda. Florida 334UJ Is...d By IIIr-V~IC'''''''tlII s~-....... Enp~. j Tacl~[Ill"'''OfkSIIl.J;&.iIbIcLN.Y. II ~:.; r , ~ G " w " .. " PAY ."llVE11iOU~D FlVE HUNDREOand 00/100-- . . May 09, 2003 $5.500.00 crrr 01" BOYNTON BEAcH GENERAL FuND DJl.AVfI:'h FlDEt..rty F1!OEAALlJAMC. THusr FOR VrrcAR CON5T.n:rrNG CO.. INC, NON NEGOTlABLE CUSTOMER COpy ........... .......... 'JIiE"IENJ -. ~'~'''''~'.''.''''=-I n" ~D5"3Dn"-r:o 220008"'&.: GaDD"!? 20toQ l.BL,Bu. , - -..... ............."-.....;:-,........."1 ...-'-.....-...,...0:.."........._...........__:.......__...1...."........ -...........~.._--~, ....-....- -_"""_n . 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 --- r ~ ) ~, f. 0 , \ ' " \ J I i ~ . ~ ~ ! . , I I \ ( " ~'.~i<~' I I ~ \, \ ( .... ~ , r ,-... r-- ,\ \ TO: Hei UGI, 5. I I 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 1, I' " , I If / ,1' r" j,'- , I / / '. I ;' r, ,",/ f. 1 - I! I;' I . / j. . 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 5 .. IMA"-';);;O.l :'r,L-98-24474~1. 04/2111998~ r'.' - . . " . " ':37pm ~-:~ JQ~e-~~~:-~~ q1~:D~19:1 Page 1 of 6 ( 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; .:3?pm ';.....:~.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 " IMAGED! ': EL-98-24474-) r:"'-~-"-- - ---= 04/21/1991> ',:37pm Page 3 of 6 ._~.~-":':::i<._._-.....~l..o:.....>- C"~ " .",- -:'~::::-:~:~3' -,_.~ (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.. " IMAG'EGl,': FL-9S-24474-1 04/21/199&, ':37pm r -""":,=' - "~,",,''-;'. ~~.._,. ~ ~-=:l +-J....,..... ~ Olll 6895 (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, ..~~,::~-;:.,.., ~:'~"$vi ~I/~ ~:;:j~ AAD~ ALHAMBRA SQUARE SOOTH and AlliAHBRA SQUARE ACLF ~ -~-L- L 'N06.~J_ Mic.hael 4 l.AW O...,.,cr. I'l'ODIUt,. ....IlIS.:1oI . ..700 ..0""......1:',. .OCA. ,....,.ON .OUL.l:V"'''O. SVrTE 103.'.oGA _TO". n..O"'O'O'~:..-~' .CCA "....,.0" ,,"el7] 11""'...0.0 . WIl.'" ~........ ......c.. (...07) 7~. -?3.. .. ."'O........Il()o.,700-.0.. Page 4 of 6 IM~GEOl ': 'I<'L-98~4474-1. 04/21/199b , - 2:37pm , . r .. ~~--."" \ ~, <-'=_._..u,.,,":": ~~:~- Po 1435 Page 5 of 6 ~J~~~1t.~ 1 - , d:&..t! ~;/~ , I. STATE OF n.oRlDA COUNTY OF PAUl BEACH ) ).lIr ) ~ r BXREBY CJO.crJ.r.l thl\t on th1.. day I l....f'ore ma, an otticer duly Duthorbed in the State and County atoruaid, to tAka Zicknoliledgoenta, personAlly lloppeared NORKAN' J. MICHAEL, Preddent of. Hilnor CorporAtion, a Florida corporation, And /!Olll!All J. llICllAEL, individually, vell known to ..e to be the person described in and who executed the toregoing instrument, end he .acknowledged before Jlle that be executed the sua in the presence ot two subscribing vitnesII61 treBly ancJ voluntarily. w:r.rm:ss my hand ~Jld o~tlclal ..!oal in the County' and ;:Jt~.7e_l:. last atoresaid, thi. 0.. day ot l.2D.LI"I I f99i1.',," '.....-: .~.~ I /,~1"$ ',,", ,,~.,.\.....:~.... ~~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: ....".\~. :'<~ - 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 l,.A.IVornac "'Otl(In A. (IS(H , .'00 ..O.QTWWI:_T .oc:..a. "'ATe>o ~ur..I:v_D, .""1. 10.:l. -.;x... "ATON. I'r..O".t>A ~3' -'oc:.o. "''''TO.. (40"'1 1l".acllO. ""li:$T .....r.... ....c.. (.o71T:J.'O:J.. . .1tOW..oogboO_)7110'.0all ., IMAGEOl ': FL-98"-24474-1 f' ~. .'..."' 041211l99b . ;~~, ~~,,> . _....:: ~: 2:37pm ~-~. '':'''''.. ..... . -'....'-- ...".:...-:..-"......-. ;.=.:~::~~.. , ~.~C?~ ~'~-.:'~< Page 6 of 6 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 " . IMAGi:01 : FL-99-22331-1 04/02/1999 OL ~:13pm Page 1 of 4 .~~ . ~~." '. . . ***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 ,," IMAGEOl : FL-99-22331-1 04/02/1999 Ol._~:13pm 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... $quarc ACLF, for the purpose of !,on<enling and ..grecing 10 !he """"'. Sig . =Ied and delivered in Jr ~~~ am Prinlcd::ro C\l ( M.I L.l.<C-1- AMERICAN REnREMENT CORPORATION ~~L- N= Primed k.c.l/I"G. 1-; ~ ce,li-] ~~ By. .N~m: ~- ~ T. c..>'D ~li' STATE OF / V COUNTY OF .)>,qu,l)~ ) ) I HEREBY CERTIl'Y thai 00 thi. day. hef"", me, an "fIiCCT dul)' authorized in the Stale aforesaid and;" the County afofCs.3id 10 take 2cknowlcdE-ments. personally appeared ..GtJU"f H,a~r e CJ of AmL.,;can Retircmcnl Corporntion. a Tennessce eorptmltioo. 10 me known 10 l>c thc penon described in and who exccuted lbc forcgoing inslrument "00 who acknowledged befon: me thai be cxeculed the samc. ..,-r-.-. wn"NESS m)' hand and oflic;.1 =' in !he counl)' and slalc 10.<1 aforesoid this ---1I- day of June, 1998. TillS INSTRUMEl'IT PREPARED BY: Bass. Berry & Sims r MotoryJ\tlllc,~C<ounly, T."",,>>oo 2700 Firsl Americ= Contor &tjCommlzolon E><pke 4>filIO, 2000 NashviUe. ]"N 37'-3R .~:'.:: .:... ';":-.. , ~'...... . '.. lINCOlN'613S2tl . . ,- Il\1AGio~ ': FL:99-Z;331-1 .04/0Z/1999 OL-~:13pm ~~-......~ -. .... Page 4 of 4 0.0 ._ " .. . DRB 10697 Pg 1475 mR1Jj}f)' H. W ILllfN, l1ERK PB UJUNTY, Fl. JOI:\"DER , ~4" Th~ unckr~j,g[]ed joins in the r:xC'curion (If !.b:n .:enain instrnll1l;!nl of Corr~~rjon dated~ 5- 19<J~. cX~l1Iell oy A!h.1moro S~l~1f" :-Jom. ^llJ3illora Square 5omh. and All1aDlora Squ"" ACLF. for [hI! plHl'l('.3:"~ of cuml..""11lin~ .:lncJ a~n:,-.jng 10 Ih~ S;Jme. Signed. ~&I1L-d ~'l!ld d:-Hvc-recJ in I)ur rr~st:nce: CITY OF BOYNTON !lEACH .-"'Of11tUM ~ .-4 ~-.---; NomIlPlinledP1J(,.y4.11/vc f',JiqI/Jl)'; , /.A e:, ~. I .'~ Name': ~ ~ d" L ,) r; l,:i Jt2("":L ~ ;f 3.. _ Tilk: "7", ~ .------. . Name l'ri~ ~o T;:t''L ~-;i 1'1 c- i ./ API" 0\1 STATE OF COUNTY OF I I j HEREBY CERTIFY that on this <I.'y. bcforo mo, au officer drily autllOmed in Ihe Sla~ aforesaid and in [he COUIIty 3for~~aid 10 [ak< aCknowl"d,gmcnt', personally app..'ared ..a,.~LZ1 / ...,,,~"'~. /7:7...,$/"'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: . . 5 CI Attorne~Js O~Fice 561-742-6054 p.7 " ....; '- 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, , '. . \. , .. . 561-742-6054 ,.... - "-" 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 . p.8 CI Attorne~Js O~~ice . . 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. . 7 561-742-6054 p.9 CI Attorne~Js OFfice , " .' I 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 .- " ..... (10. ~ 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 1\ " 8 , i! C:UUC J.U;OO V.1. 1\ .. ....'-"l-''"-''L-'...' ,..... ........ .....~ / / DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA 1)e;J ' v~ ~ 1.- /- ,~fJv . c: ',Cl oiL ~lj~. 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 \\\\\\\1111111111 ",,\ ~ 0 III/, S'-I~'fV~~ ~ eoe ._ .... ~ J'-:;. S ~ ..1fORA1"~..."'C'I ~ ::: ~ Ir? '\ -:t. S g >- to?: I ~ % ~ \ "'9?.~l $ ~ '"' ..,..~ ~ ............... ~ ~ ~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 . 07/3'112002' 14: 33 5613756259 BOYNTON BEACH P & z Exhibit "e" C~~lditjolls of Approval PAGE 14 ! , 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!, ! ! , , DEPAR~iENTS ! ! i Comments: None PUBLIC WORi<;'S - Ceneral !. i : PtIllLlC WOIU'S - Traffic Comments: None I ; i UTILI!) ES . Comments: I j ! ' ; , 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(.,). I l' i rou:. Comments: I ! ! 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 2 ~ i I , i I Comments: None 1 J>El'AR'Tl\lENTS POLkE i' , j, ENGINEERIN~; DIVISION I Comments: ! ! I , 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 --: " I i 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 ' I , I , 9, At th~ rime of permitting, [leW dri~;ways will require permit. from the FDot and pac, :.. I i 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 I 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. I ' j', 1", PAGE 15 INCLUDE REJECT x x x x x x x x HU~ CC cuuc ~U~~~ 07/31~2002 '14:33 \ 5513755259 BOYNTON BEACH P & Z PI'>GE 1 5 ! eoI'. 071l7/02 . :l j, i m:p All'l1 tf.NTS INCLUDE REJECT i , i 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. ! ; i i I " 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, ! , " 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. : I l I 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. ! ' i i pARKS AND RECREATION I ComrnCl\t:l: ! None ! X FOJU:STERIE~',)NMENT ALIST '. HUg CC cuu~ ~U_.~~ " ... ,.....' .-- ........... ............... . _..- -- -..- e7/31/2ee2 14:33 4 , 551375025~ BOYNTON BEACH P & Z COA fY7/17102 4 ! ! ! i I CerM1ents; i -- . t' - 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. i , 19. The ~lan does not show the City ,.;. gnature treeS~ neat the ingress/egress X sites.; PTovide silmalule trees at tb'e;e areas. i PLANNING AJ;P WNING i I Comments' i ; I , .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 1 j 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. " ! " . ! . 23, Stipulation and Settlement Agreen\;'nt: The building height lhall not Cl<cedd ~ (2) stories. i . . ' 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, ' 'i I'" I . 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 nu~ cc cuu~ ..~uu ~7/3_/2aa2- 14:33 561375&259 BOYNTON BEACH P & Z PAGE 18 CO^ 07/24/02 S , , , J>EPARJl,1ENTS INCLUDE REJECT , indi~te the coueet amount (234 ~: >aces), , , - i i. . X 28. Inclllde the propo~ Bo.ton Fem,:N'E3). Florida Coonlje (ZF) and Tib~uehinD granulosa (TB) in th~' ;mdscape plan plnn! li.t. , I 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 , i 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. ! . , I 31. Sla~=omnlC:nds adding/Dore \1"~':S within the proposed landscaped X islanlls located at the buildinll's fik ot entrance twcsi). i : 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. i I. 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 , , ; 1 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 !. , I. 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.). ! I , , ' ADDmONAL PLANNING & DEVELOPMENT BOARD CONDITIONS , I , Conunents: I i 36, The Jte shall meet and exceed the!i':linimum landscape requirements. X ! I ! : , , , ! . ~ ,. 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.~:' HUg 7C CUUC ~~;uu .,... ,...., I - -- f17/31'12f162' 14: 33 5613756259 EOYNTON BEACH P & Z PAGE 1 '3 COA 07124/02 6 i I i DEPARR IENTS INCLUDE REJECf I i ; i l. !u>DITIONAL CITY CO!\'hvOSSION CONDITIONS - ; ; Comments: : i ! i , . 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 , ,. j' i i: i '; ! i 10/04/02 14:59 FAX 561 842 36' Ii!J 002 . .' 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 . .' 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 H:\1990\900182.BB\LETTER\Damon, Conrad (Med Arts Prof Cntr) ltrl.doc /';/... T R E ASU iif ;jC W~ ft t;:, ,., ;~ _ ____... ..L1",,' j'';;'" .JlIi ji;fk> N ~\:p LAN N I ~.~... C;b;N ~C ;L . ;- , - i " ." w'. IND,IAN;-RIvEk-. .- 1 . , ' 1 4.PAlt; 1 N;: - .p i~L'M BE-A C H ~-~~T'.. bu C I It - .~- 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\. , , ; "i' 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 G! 1\ 1/':'.\1,\'(, H, "\I~fl E\TCl1T!\.'r OFF/I-I. I'rudi K. Willi,11ll";, P.F., ("11/111 l.t'nnMI J.: l,ind,lhL r.!" \'U<' l"11IJ11 ['<1IllI']" fhl)(lk..,-'l'hnl1l,l<; rvlich,wll llllin... Hugh \1 EnhIi<.;h lJI'r.udu D Fern,indt',: r,ltrick I Lll',l"lll1, I'h.l1" I' C. NiCtlL1<; I. CUtit'frl'/, II', F..q I l,ukll'\' R. Thnrntn!L Ht'nry Dean. Ly,.'-lIlli',' PIn'd"1 WJ ~ _om OWNER!S} OF LAND NAME 'dUJ6 6N'r:Y;/.CG 4s:s"c. ENTITY TO RECEIVE PERMIT (IF OTHER THAN OWNER), NAME . AllORESS 4 , e()A/6~~S 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 .~- :......,;;'...: - .~.-- ,-, CITY .,.,sTATE. ZIP r! ~Gt... IS it.. TELEPHONE I S"~/) '2 7<1 - (, fld () FAX I Sf. I) 'Z 8' - 5 7 ,- ;J?>44 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 ~ r~~' .~ ... 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 "-~3:,:ii?:?s~.;..';;j:::~.;:.1l.t'~!t~m-I';,~,!_:;t;ii"Er1'f~.iI~~';,.~~~~71:m.:~-j~~~~~JW>,"x~ II I l 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 o \:-> " 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 UO, 1.)1 U':: tilL 1';.;).) 1''1.;\. 1 ;JOt :;J(),") ,}UUL. j"lJt\l~ - UU.....'1. # 4ZJ lJUl ". \ '-' PGAL '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 UO,..l..L U'::: tl1L 1'::::;;)'1 I'..\.\. 1. ;;)01. :100 .)UU;': rG.-\.L - UULd. 4fjUIJ.) 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. n~.\L - IHJL...-\ ~LJU<t 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: ~~~ft ~t;f"/Ja ~ 4f/;~a (;~ '--P 11. ~~L JCZrf. ~ c1J);'>lA-G fz' '-1'7,-~ ' f<,~;: _ Crr. ;2. iAa-ll-< <- ~< -[){?I- I ' U 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