AMENDMENT OF DECLARATION
Shamira Klein, Esq.
l3erman Rennert V (lgel & Mandler, P.A.
100 Southeast Second Street, Suite 2900
Miami, Florida 33 131
Phone: 305/577.41 77
+9547644996 T-652 P.002/011 F-842
IIIIl 1111111111111111111111111111111111111111111111111
eF'N 2004050~~-( 07
OR BK 17466~G 1424
RECORDED 08/30/2004 16:21:58
Palm B~ech County, Florida
Dorothy H Wilk~n, Clerk of Court
Oct-]9-2004 11 :55am From-RUDEN MCCLOSKY 18TTH NTST
SUSA f\~ P, 0 ~""f5lj~
P~.
RUDEN.McClOSKY,SMI1H,,,JL... . ..J .\I.i.;>~ELL,P.A.
POST OFFI CE BOX 1900
This document h~~l!:lIDAlE. FLORIDA 33302
and when recorded retum to:
AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR
ALHAMBRA SQUARE
THIS AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ALHAMBRA SQUARE (this "Amen&nenf') is entered into as of the Jill day of
:::r f).1 v .2004 by and between THE CITY OF BOYNTON BEACH (the "City"). RSPB, LLC,
~ed liability company, AMERlCAN RETIREMENT CORPORATION ('''ARC''), and
GOLFVIEW HARBOUR ESTATES HOMEOWNERS ASSOCIATION, INC., and GOLFVIEW
HARBOUR ESTATES, INe. (collectively, the "Governing AssociatiortS").
RECITALS
WHEREAS, as a condition ofthat certain Stipulation and Settlement Agreement with the
City. dated October 31, 1989 and entered in the Circuit Court ofthe 151h Judicial Circuit in and for
Pam Beach County, Florida under Case No. 89-6178-AN (the '"Stipulation Agrc::c:ment'), Milnor
Corporation., a Florida corporation ("Milnor") as owner of Allianlbra Square North, and Norman J.
Michael and Elishka E. Michael (collectively, '"Michael"), as owm:rs of Alhambra Square South and
Alhambra Square ACLF. entered into that certain Declaration of Covenants and Restrictions For
Alhambra Squar~, (the "Declaration") recorded on July 18, 1991 in Official Records Book 6895 at
Page 1431 in the Public Records of Palm Beach County, Florida, to impose certain developmental
limitations upon the use of the parcels of land located in Palm Beach County, Florida, as more
particularly descnoed in the Declaration;
WHEREAS. RSPB, LLC.. a Florida limited liability company ("RSPB") is a successor in
interest to Michael and American Retirement Corporation ("ARC") is a successor in interest to
Milnor.
WHEREAS, the City, the Governing Associations, ARC and RSPB are the sole benefited
parties to the parcel described on Exhibit "An attached hereto .md are therefore the only parties
required to join in this partial release of the covenants, restrictions, conditions, terms, provisions,
rights and obligations created and arising in that certain Declaration.
WHEREAS, EKhibit "A" is wholly contained within the .Alhambra Square South and the
Alhambra Square ACLF parcels.
Oct-19-2004 11 :55am From-RUDEN MCCLOSKY 18TTH NTST
+9547644996
T-652 P.003/011 F-842
WHEREAS. the City, the Governing Associations, ARC and RSPB desire to partially release
the cQvenants. restrictions, conditions, terms, provisions, rights and obligations created and arislng in
that certain Declaration as they relate to Exhibit "A".
WHEREAS, a site plan (the "Site Plan") has been filed with the City for the development of
50 town home units on the Property. which plan is prepared by CVV Associates and dated December
2, 2003.
WHEREAS. the City, the Governing AssociationS, ARC ~U1d RSPB desire to partially release
the covenants, re:strictions, conditions. terms. provisions, rigllts and obligations created and arising in
that certain Declaration as they relate to the Property.
WITNESSETH
NOW, THEREFORE, for good and valuable consideration" the receipt and sufficiency of
which are hereby acknowledged, the undersigned agree as follows:
1. The above recitals arc true and correct and incorporated herein by this reference;
2. Article III, Section C(5) of the Declaration is hereby released. terminated and of no
further force or effect as to the Property. effective as of the date of the recording of this Amendment.
Further. all rderence to restricting the property described in Exhibit "A" hereto to an Adult
Congregate Living Facility ("ACLP") are hereby released and deleted in their entirety and, from the
date of recording of this Amendment, shall not be a restriction on that certain property described in
Exhibit "A" hereto.
3. As a condition to the release described above, the owner of the Property and/or its
Successors in int(:rest hereby agree that the development ofthe Property shall be in confonnance with
the limitations and requirements set fanh on Exhibit "B" hereto.
4. This Amendment constitutes the entire agreement between the parties relating to the
subject matter hereof and may not be amended. waived Or discharged, except by instrument in writing
executed by the parties hereto.
5. This Amendment shall be governed by and construed in accordance with the laws of
the State of Florida.
6. 1 'his Amendment may be executed in illlY number 0 f counterparts, each of which shall
be deemed an original. but all of which together, shall constitute but one instrument.
7. This Amendment is for the benefit ofthe parties hereto and may not be amended or
modified without the consent of the Governing Associations.
2
Oct-19-2004 11 :55am From-RUDEN MCCLOSKY 18TTH NTST
+9547644996
T-652 P.004/011 F-842
8. In the event construction of the development on the Property in accordance with the
Site Plan is not commenced within one (1) year from the date of recording of this Amendment, this
Amendment will terminate and be of no further force or effect.
[Signature Pages 10 FOllow]
3
Oct-19-2004 11 :56am From-RUDEN MCCLOSKY 18TTH NTST
+9547644996
T-652 P.005/011 F-642
I "TIW '.I,JIJ-.JI Iooll I 1--1..1)1
IN WITNESS WHEREOF, this Amendmem is executed as of the date first 'Written abo\le .by each
of the parties hereto.
.
WITNESSES/ATrESIA TlON:
Rnr ~ ~i.
~~eTi"'1 lJ SBl'-)G.j
~t41 ~J- ~
Print Name: SVSlj-N C IJLLlNJ'
THE CITY OF BOYNTON BEACH
:;~Name~~(
Title: C.i{.'f MANAj~c..
STATE OF FLORIDA
APPRO,{~O AS TO FORM:
Q W;-~CllYATro"NEV
COUNTY OF PAlM BEACH
The foregoing instrument was acknowledged before me in The County and State aforesaid this
@dayof -Su..\..'J ,2004by \'-..u..\~ ~-{lt-~cr.ne...~~ whois~nallyknovmtomeor
has PTodl.l(:ed , as identification.
~C~~~
Prillt Name
My Commission Expires:
",~y i>~ Lola Br'l!mwell
f""'\\~ Commisf";11)l1 #nD.~2168~ l
~. \}..4 Expires J\lne S. 2008
~ott.,.:Jr _T""Foi1l .,..."Pl*,I'I~ ~&
4
Oct-19-2004 11 :58am From-RUDEN MCCLOSKY 18TTH NTST
+9547644996
T-652 P.006/011 F-842
IN WITNESS WHEREOF, this Amendment is executed as of the- date first written above by each of
the parties hereto.
WITNESSES/ATTEST A nON:
clluti/lvt S li~t!)
U"ll"? ~r S nP
Print Name: (<.roJ If e('cn~ /
STATE OF FLORIDA
COUNTY OF PALM BEACH
GOLFVIEW HARBOUR ESTATES
HOMEOWNERS ASSOCIATION,lNC
"-
~ "/
- . ...~
...-:.. I(
By: 44.".#_"::~"";;"'" _: ""
P:ITIt Name: ~'?(C..f/J-? <.J) E. PHILPDTT
TItle: P..e<!'s /J){'/,'T A,,( ..~i>I.e0 Mptrit,SO;....e. Es I#7"E;;:" .,L/e4
#. The foregoing instrument was acknowledged before me in the County and State aforesaid this
1'dayof A'H ' 2004 by ?(.da,~ f.". Ph: I po tI- . who is personally known to me or
has produced F/o. J6'1~J. I it: ':/'1:;><.: , as identification.
(ll()~
Notary Public-State ofFloi---
Print Name
My Commission Expires:
..';i:~P,,". Carol A. Crowel
/""';~~~<f\ Com:nission #DD 1731 0 I
~;;. \.~_:;~ ExpIres: Jan 18,2007
-">0' .~~.- Bonded Thru
"".."" Allamic Bonding Co.. Inc
5
Oct-19-2004 11 :56am From-RUDEN MCCLOSKY 18TTH NTST
+9547644996
T-652 P.D07/011 F-842
IN WITNESS WHEREOF, this Amendment is executed as of the date first written above by each of
the parties hereto.
WITNESSES/ATTEST A nON:
~e:~~C'/1~~
JJvw-: m~
'Print Name: She:' t;.'\-en-z.ce.
GOLFVIEW HARBOUR ESTATES, INC.
B~: ~~ ~~. _
P:-mt Name:~-'3a.....'1 R ( ~r<Ju.lV\
Tltle: f/t.....u:l..;Jo..1-
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acJ9lowledged before me in 1he County and State aforesaid this
jq day of 14M, ,2004 by 81Z.~6Cf...'1 '8lbw J) ; who isnersonally known to me
or has produced. , as identification. "....---.
.:lLr] '.0;:) <lUlpuoa :Jfltll!IW
I.rtIr.u. ~PU:08 "'\"'~I~IJb/,,,,.
900<: OE o~a ;S01!dxd' /#."--f:~
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No ublic-State ofFlotida
M E"6/J..)~ L "K'..ofEtL
Print Name
My Commission Expires:
Oct-19-2004 11 :56am From-RUDEN MCCLOSKY 18TTH NTST
+9547644996
T-652 P.008/011 F-842
IN WITNESS WHEREOF, this Amendment is executed as of the date firSt written above by each of
the parties hereto.
RSPB, L.L.C.
/ F ~
By: /C" I~
Print Nam~ <,J'- S. . "'" ':.1 i:: It At<-....
Title: t-^.. o.,lrv\.~ << (Me-......... \c) f' 'i
STATE Of' fLORID/\.
COUNTY OF PALM BEACH
~. The foregoing mstrlmle.m: was ad'I1owle~ed before me in ~ COWlty and Stare aforesaid this
ll~day of M A." . 2004 by t:t.:\ II ~\,... ""'-1-"fj\r-.o.t'C"'\, who is perSonally knO'Nn to me
or has produced rso...-..o.l\ ~~..... -1-0." s identification.
~\\\\\1\1I11111111. ^ ,(';J /I
~\.\""~~\e Constqbl'/I~ ~
~ -v> ........ ~ ~ PUbl~~S'Wte of Florida
~ ..o;;.'lt\'5SI0N~.. ~
il .'c"Q ~~r21) ~'. ~ IE CONSTABl E
i:i i~ fj,~ 'f'q,,~'. -;. LAUR .." .
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. Print Name
My Commission Expires:
7
Oct-19-2004 11 :56am From-RUDEN MCCLOSKY 18TTH NTST
+9547644996
T-652 P.009/011 F-642
IN WITNESS WHEREOF, this Amendment is execnted as of the, date first written above by each of
the parties hereto.
WITNESSES/ATTESTATION:
(~ cr>l s aQoO~_
Print Name: .c.._ (Y\&..~\ e~ ~ ~
f)~lJ--
PrintName:..e" nc.A1M1~
AMERICAN RETJREMENT CORPORATION
'14/
By: i..v /\ ~
Print Name, --<'IJP ~ K""r~."
Title: ,,,",v'" ~ h W~l.-
/
STATEOF~""r~
COUNTY OF 1l.^.LM~{;:U~
The foregoing instrument was aclmowledged b\fore me in the County and State aforesaid this
~ayof ~ ~ 2004 by ~-.:;-~ ~ who is personally known to me
or has produced. _~~' -;;'1& .___ as identification.
~~ ~ ~)..)~~
Notary Public-S~ of~~
3..k..0 G , \A \Cl'Cl d,
Print Nam
M C . E RUBY C. 0
Y ommisslOU xpires: Notary Public, WllliElmSOM Oo.~ TN
My Comm. ExpIre:! OM. 1~, ~004
~... --
.~". ....... '":"-
8
Oct-19-2004 11 :57am From-RUDEN MCCLOSKY 18TTH NTST
+9547644996
T-652 P010/0l1 F-842
EXHIBIT "A"
The East 584.6B feet of Tract 4, GOLF VIEW HARBOUR 3RO SECJ10N,
Oty of Boynton Beach, Florida, actOrding to the Plat thereof, recorded in
Plat Book 30, pages 119 and 120, ot the Public Records of Palm Beach
COunty, Rorida, Less and not including the following described parcels:
Commence at the Southeast comer of Tract 4, as shown on the Plat
entitled GOlf VIEW HARBOUR 3RD SECTION, CIty of Boynton Beach,
florida, according to the Plat thereof recorded in Plat Book 30 on page
119, Public Records of Palm Beach County, Florida; thence North
Z"Zl'36" West, along the East line of said Tract 4, a distance of 104.29
feet to the Point of Beginning of the RIght of Way to be herein described;
thence continue Northerly, along the same course, a distance of 92.69
feet to a point of tangenc.y of a curve concave to the Northwest having a
central angle of 88015'44" and a radius of 15 feet, thence Southerly and
westerly aloog the arc of said curve, a distance of 23.11 feet to a point
of reverse curvature; thence westerly, SOutherly and Easterly, along the
arc of a curve concave to the East having a central angle of 197"43'52"
and a radius of 40 feet, a distance of 138.04 feet to- the POInt of
Beginning.
Begin at the Southeast corner of said Tract 4; thence North 2021'36"
West, an ill Plat bearing, along the East line of said Tract 4, a distance of
104.29 feet to an Intersection with a curve concave to the North, said
curve being a cul-de-sac as recorded in Official Records Book 2584/ at
pages 479 and 480 of the Public Records of Palm Beach County, Florida,
a radial line from said intersection bearing North 21 Q';9'44" West; thence
Westerly along ttle right of way of saId cul-de--sac and along said curve,
having a radius of 40.00 feet. a central angle of 29003'12", and an arc
length of 20.28 feet to an Intersection with a line being 20.00 feet West
of, as measured at right angles, and parallel with the said East line of
Tract 4; thence South 2021'36" East, along said parallel line, a distance
Of 102.56 feet to an intersection with the SOuth line of said Tract 4;
thence North 87038'24" East, along said SOuth line, a distmce of 20.00
feet to the said SOutheast oomer of Tract 4 and the Point of Beginning.
9
Oct-] 9-2004 11: 57am F rom-RUDEN MCCLOSKY 1 FrH'NT~ ~- +9547644996 T -652 POll /011 H42
~~~ n~<
.c: I r,-( J'~~t'J '
{?s -:r,L- V( ,0 &, ~ 9- 7' ,,;if
~ 6 {-ircf _ }O EXHIBIT_"B" /,/I"'i/ )rr/t.,! (~"
I e v ) -5 r 7 LeI 1,
~ J ~v~
L The light poles on the east side of the site located adjacent to the cul-de-sac for 131b Street 7 ()V1
shall be reduced to the m.i.nilnum height required to meet the City of Boynton Beach Code "
provided that such height and location meets the appropJ1.ate foot candle requirements~ P-..A~~ ')
() Q( (- " ..f'
t )<.b<k.. 2. The south wall shall be ~ six foot high con~uous coated aluminum bar fence with () t/ ~ ; "')(, .~ V'" ~
~ ~.. 51" conorete columns and WIth no gates or openmgs to the canal area to the south of such UCf,6~ #.(t..},~{",~
M ~t-. fence, Upon =pletion of the installation of such fence, plantings will b. instalI.d~ ,.J"{, ~ LC ~.'
, .p v:;t- f" the ~~"" to obstruct the view of sucb fen<'" from the South. "'" Put4S '.s;.~~.
vt t- I"t :),~. ... ,l"J'~J"o ~onstruction shall o~ur on Sunday or legal holidays and the developer further agrees to (r..;">
~..'l' ~~,,, lInnt Saturday construction from 7:30 AM. to 12;00 P.M. 04-"'a\N.~. ,~
G ~~~ C D I "n" I d . th '. A .. d 1h C') fishin th .~"tt> ~1.--G\
0rf,....J \7 4. eve Opel WI mc u e III e project S SSOClatl.on ocuments at: 1 no gO5=:? er .: CK'
okV' water recreation_~l be pennitted_~1:b~ drainag~canal.1ocate(Lto_tb~_~'?':lth o!the 2~ ~_
o ~t-If, - property;~ij) the AssOchilion will maintain thefenceand plantingsin ilieSit~~lttn.J ~;2:S:-<7
/ foV.~~ The developer-further agrees-to'pe1itiontlleD~e District in cooperation with the 5
/j <? [1' LI" ~ ~ ~ ~ <!overning Associati?ns to allow the exis:mg vegetation Xoc:ated within the District's S
\^U ~ (~/lI6,;t; nght-of...way to rem.a.m, however, the partles to the Declaration all understand that the ...; =- .~~
~v vegetation is located within Drainage District's right-of-way and is not Wlder the :full ~J G;_.s- ~
control or authority of the developer or any other party to the Declaration.. 0T~~ 1:::(?~ -A--
')"' ~
The developer shall petition Pahn Beach County to allow a westbound left turn lane into ~ y r: '- "I-
the Vene1ian Villa projects. The parties to the Declaratio.n acknowledge that the petition s~ ~ --s-
f" ,,; shall request Palm Beach County to fund and to construct such turn lane. C! l' .. _ ?Jet' -f"- /, "'" Q b
1 x- st!. _ T.bUJE-? ~ #'l'J 6,
S~ ~~. ~~rt.veloper will_ from the Palm Beach County Sch<",l District that a ",bool bus cC,c~ -::';f::
!f t!/ ? ~ {, ('pi ~ stoJ be located within the project. 011&~ '""- ( l'--
,,) \.:-....,.. c..Q"
~? <G ~ 8. &l/CThe colors of the buildings shall be those colors contained in the site plan presented to the
K~ (~~~oGl ~J1 ~ommission on February 17.2004. C l:ltl! {)1~~I:tJ ... ~ V
1~...f \? I~?~~~S Dev:loper ~l include in the project's Association documents a prohibition ~omS~<:.. 02. /.~
>f'" < . parking on 23 Avenue. 1\.".... _ Cc;: '1 .
I>- ~. ~ ..)"-''- '<.1\-....i 'lIe
10. Developel" will install trees located along the east and somh sides of the project at a
L~f} t. (i minimum height of 16 feet (plus or minus 6 inohes).
, -( (~C ~
1(;:( or-R'(~ .(?~ . hs-
J c-' f:,(~ (/)(~ ~ :> z"
br 1/1 jOe )~ ,/
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o r-Y \~o1Y
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6.
10
,..
May 5, 2006
City Of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Project: Venetian Villas
To Whom It May Concern:
Per my site visit on May 5th 2006, I have reviewed the "Amendment of Declaration of
Covenants and Restrictions for Alhambra Square" which was recorded on August 30th
2004. I find that the project "Venetian Villas" has met all the requirements set forth on
the above document.
Ken S rens
Presiden
Golfview Harbour Estates Homeowners Association, Inc.
I . ~'. ,r<c-,
o '\ ~ \ f'
t,.' (i ,.'
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( '. ,
....; c>
i r ~c,'
\ \
\....,.,. ~"< -",)"~ ....
May 6, 2006
City Of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33425
Project: Venetian Villas
To Whom It May Concern:
Per my site visit on May 6th 2006, I have reviewed the "Amendment of Declaration of
Covenants and Restrictions for Alhambra Square" which was recorded on August 30th
2004. I find that the project "Venetian Villas" has met all the requirements set forth on
the above document.
Sin,cerelY, ~
6;, N 0~l
Gregory A. Brown
President
Golfview Harbour Estates