EXHIBIT 5
AndreI\' I\'CSl Esq.
Direct Line 305.375.6588
Direct Fax 305.347.6470
E-mail ail.cs@;;bmnlaw.com
BEmrlAN RENNERT
VOGEL 8v MANDLER, P. A.
ATTORNEYS AT LAW
December 7, 2004
Via Facsimile to (561) 495-9694
and Federal Express
Mr. William Winters
Lake Worth Drainage District
13081 Military Trail
Delray Beach, FL 33484
Re: Venetian Villas Townhomes Project
Venetian Villas, L.L.C.
Venetian Villas Homeowner's Association, Inc.
Dear Mr. Winters:
It was a pleasure speaking with you today. As we discussed, please treat this
letter as my client's petition to allow the existing vegetation located within the District's
right-of-way to remain.
Venetian Villas, LLC, a Florida limited liability company is the owner of the parcel
of land located on Golf Road near Congress Avenue, Boynton Beach, FL, and legally
described as follows:
The East 584.68 feet of Tract 4, GOLF VIEW HARBOUR 3RD SECTION, City of Boynton Beach, Florida,
according to the Plat thereof, recorded in Plat Book 30, pages 119 and 120, of the Public Records of
Palm Beach County, Florida, Less and not including the following described parcels:
Commence at the Southeast corner 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 2021'36" 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
tangency of a curve concave to the Northwest having a central angle of 88015'44" and a radius of 15 feet;
thence Southerly and Westerly along 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"43'521l 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 2"21 '36" West, on a 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
21049'441l West; thence Westerly along the rig!lt 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 2021'361l East, along said parallel line, a distance of 102.56 feet to an intersection with the
Bank of America 'lower at International Place. 100 Southeast Second Street. Suite 2900 . lvliami, FIOlida 33]31
Main Telephone (:305) 577-.1177. Facsimile (305) 373-6036. www.brvmlaw.com
South line of said Tract 4; thence North Sr38'24" East, along said South line, a distance of 20.00 feet to
the said Southeast corner of Tract 4 and the Point of Beginning.
and Venetian Villas Homeowner's Association, Inc. is the governing homeowner's
association.
Pursuant to the Resolution R04-107 of the City of Boynton Beach, Florida, a copy
of which is attached, Venetian Villas, LLC, as successor in interest to RSPB, L.L.C., and
the Venetian Villas Homeowner's Association, Inc. is required to petition the Lake Worth
Drainage District to allow the existing vegetation which exists in the District's right-of-
way on the south side of the property (L.W.D.D. Lateral Number 27- Lazy Lake
Waterway) to remain in the right-of-way and to not have same removed. This letter
shall serve as the petition by Venetian Villas, L.L.C. and Venetian Villas Homewner's
Association, Inc. as to said request.
Please schedule this matter for the January 12, 2005 Board meeting as we
discussed, and please provide me with notice of same.
Thank you for your assistance with this matter.
Very truly yours,
NERT VOGEL & MANDLER, P.A.
cc: Venetian Villas
Shamira Klein, Esq.
G:\REAL ESTATE .- All Open Files\V\Venelian Villas\Letlers\Winlers Letter 12.7.04 (LWOO Pelilion).doc
1 RESOLUTION R04- I 07
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, CONSENTlNG TO THE AMENDMENT TO
5 THE DECLARATION OF COVENANTS AND
6 RESTRICTIONS FOR ALHAMBRA SQUARE
7 AlLOWING FOR THE PARTIAL RELEASE OF
8 COVENANTS THAT REMOVES THE USE
9 RESTRICTION TO AN ACLF, AS A REREQUISITE TO
10 FINAL APPROVLA OF THE VENETIAN VlLLAS SITE
11 PLAN; AUTHORIZING THE CITY MANAGER TO
12 EXECUTE THE AMENDMENT TO EVIDENCE THE
13 CITY'S CONSENT; AND PROVIDING AJ'\J EFFECTIVE
14 DATE.
15
16 WHEREAS, in 1991, a deed restriction, identified as the Declaration and Covenants
17 nd Restrictions for Alhambra Square was recorded in connection with a COUlt-approved,
18 989 Stipulation and Settlement Agreement between the City of Boynton Beach and the
19 'lnor Corporation; and
20 WHEREAS, the Stipulation and Settlement Agreement, in pal1, specified celtain sHe
21 mprovements and design requirements, and most significantly, in accordance with Article
22 , Section C95), restricts the llse of the property as an ACLF; and
23 WHEREAS, a subsequent court order authorized the city's review of an altemative
24 cvclopment plan. with the requirement that if approved by the city, the COUt1 would be
25 etitioned for amendment of the original settlement agreement to remove the ACLF use
26 estl'iction; and
27 WHEREAS, the altemative plan, called the "Venetian Villas" consists of 50 fee
28 imple townhomes and related site improvements, and was approved by the City Commission
29 n Febluary 17, 2003. The site plan was approved with various conditions, which incll1ded
:\CA\RESOlAlhambra - Amend to Declarallon - Venellan Villas.doc
n part, the requirement to conform with original site restrictions from the settlement, 01' to
2 mend the settlement stipulation accordingly; and
3 WHEREAS, the plan complied with most site requirements. however. the amended
4 eclaration includes lin-utations and requirements to ensure resolution of selected issues
5 ndicated in the original agreement, oj' endorsed by adjacent homeowners. The conditions
6 ncluded in the amendment are attached as Exhibit "B" and will supplement the sHe plan
7 onditions of approval, except where they are construed to supercede conditions $43, #44,
8 47. and #48. All other conditions of approval included in the Development Order will
9 emain applicable; and
10 WKEREAS, due to the connection between the approved site plan and the court
11 rder or amendment, any subsequent changes to the approved site plan. whether minor 01'
12 ajar, may require COUlt approval.
13 NOW THEREFORE, BE IT RESOLVED BY THE CITY C01v1MISSION OF
14 HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
15 Section 1. The foregoing "WHEREAS" clauses are hue and coneet and
16 el'eby ratified and confirmed by the City Conunission
17 Section 2. The City of Boynton Beach, by and through its City Conunission,
18 onsents to the Amendment of the Declaration of Covenants and Restrictions for Alhambra
19 quare, attached and incorporated herein, that allows for the partial release of covenants that
20 emoves the use restlictiol1 to an ACLF. as a prerequisite to final approval of the Venetian
21 'iJlas site plan.
:\CA\RESO\Alhambra . Amend to Declarallon. Venellall Vlllas.doc
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Section 3.
The City Manager is authorized to execute the Amendment to
2 ecIaration of Covenants and Resttictiol1s for Alhambra Square, thereby conveying the
3 onsent of the Ci ty of Boynton Beach to the Amendment.
4
Section 4.
This Resolution shall become effective inunediately upon passage.
5
PASSED AND ADOPTED this i2.- day of July, 2004.
CITY OF BOYNTON BEACH, FLORIDA
~
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."""'-00___.__...._
ATTEST:
~m.~
Ot)) Clerk
(Corporate Seal)
:\CA\RESO\Alhambra . Amend to Deolaration - Venetian Vlllas.doD
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P.04~I07
This document has bt!tm prepated by
and when recorded return TO:
Shamirll Klein, Esq.
Benmm Rennlln Vogel & Mandler, P.A.
\ 00 SoutheASt Second Street, Suite 2900
Miami, floridll 33131
PhOlW: 305/577.4177
AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOn.
ALHAMBRA SQUARE
THIS AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ALHAMBRA SQUARE (this ('Amendment") is entered into as of the ~ d~y of
Ju.ll...l u_' 2004 by and between THE CITY OF BOYNTON BEACH (the "City"),RSPB, LLC,
~ed liabUhy company, AMERlCAN RETIREMENT CORPORATION (HARC"), and
GOLFVrEW HARBOUR ESTATES HOMEOWNERS ASSOCIATION, INC., and GOLFVIEW
HARBOUR ESTATES, INC. (coUectively, the "Governing Associations").
RECITALS
WHEREAS, as a condition of thRt certain Stipulation and Settlement Agreement with the
City, dated October 31, 1989 and entered in the Circuit Cou11 ofthe 15th Judicial Circuit in and for
Palm Beach County, Florida under Case No. 89-6178-AN (the "Stipulation Agreement"), Milnor
corporatioJi, a Florida corporation ("Milnorn) as owner of Alhambra Square North, and Norman J.
Michael and Elishka E. Michael (collectively, "Michael"\ as owners of Alhambra Square South and
Alhnmbra Squnre ACLF, entered into that certain Declaration of CovenantS and Restrictions For
Alhambra Square, (the "Declaration") recorded on July 18, 1991 in Official Records Book 6895 at
Page 1431 in t})e Public Records of Palm Beach County, Florida, to impose cenain developmental
limitations upon the use of the parcels of land located in Palm Beach County, Florida, as more
parriclllarly described ia the Declaration;
WHEREAS, RSPB, L.L.C., a Florida linUtcd 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 Association.<;, ARC and RSPB cu'e the sole benefited
parties 10 the parcel described on Exbibit 1\ A" attached hereto and are therefore the only panics
r~q\lired to join in this partial release of lhe covenants, resrrictions, conditions, teITIlS, provisioIl3,
rights and obligations created and arising in that certain Declara.tion.
..
WHEREAS, Exhibit "A" is woolly contained within the Alhambra Square South and the
Alhambra Square ACLF parcels,
OHH004 12:ml.! fROM-B R V & ht P.A.
t3053736036
HI6 p.o031011 HOl
WHEREAS, the City, the Governing Associations, ARC and RSPB desire to partially release
the covenants, restrictions, conditions, lel1113, provisions, rights and obligations created and arising in
that certain Declaration as they relate to E~bibit "A 71.
WHEREAS, a site plan (the "Site Plan") has been fUed 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 and RSPB desire to partially release
the covenants, restrictions, conditions. terms, provisiol1$, rig,hts and obligations created and arising in
tbat certain Dedaration as they relate to the Propetry.
WITNESSETH
NOW, THEREFORE. for good and valuabte consideration, the receipt and sufficiency of
which are hereby acknowledged, the undersigned agree as follows:
1. The above recitals are true and correct and incorporated herein by this reference;
2. Article UI) Section C(S) of the Declaration is hereby released. terminated and of no
funher force or effect as to tM Property, effective as of the dnfe of the recordiIlg of this Amendment.
Fwther, all reference to restricting the property described in Exhibit "A" hereto to an Adult
Congregate Living Facility C'ACLF") 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 descn'bed in
Exhibit HA" hereto.
3. As a condition to the release desclibed above. the owner of the Property and/or its
!:iucceSSor3 in interest hereby agree 11131 the development of the Property shall be in confonnance with
the Iimilalions and requirements set forth on Exbibit uS') hereto.
4. This A.mendrnent constitutes the entire agreement between the putties relnting to the
subject matter hereof and may not be amended, waived or discharged, except by instrument in writing
executed by the parries hereto.
5. This Amendment shall be governed by and construed in accordance with the laws of
the State of Florida.
6. Thi~ Amendmen1 may Ce executed in any number of COUI1rcrpartS, each of which shall
be deemed an original, but aU of which together, shall constitute but one instrument.
7. This Amendment is for the benefit of the parties hereto and may not be amended or
modified without the consent of the Governing Associations.
2
06wOH004 12:40PM FROIA-B R V & lA, P.A.
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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 ofrecording of this Amencbn~nt) this
Amendmem will terminate and be of no nlrther force or eftect.
{Signature Pages ((J Follow)
3
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IN WlTNESS WHEREOF, this Amendment is executed as of the date first written above by each
of the parties hereTO.
WITNESSES/ A ITEST A 11 ON:
Dil--rJ:, ;f ~."^~~
Print Nam~ ~!X'::T1' 'I l. S~ l'J G. ;
(-. (;' /Y) , .
,,~l--(,'JtUI ./ (~&t1-I.J' ~
Print Name: S'[J-f/J/If { () IJ I NJ
STATE OF FLORIDA
COUNTY OF P AiM BEACH
THE CITY OF BOYNTON BEACH
By: Jlv-Atf!~~
Print Name: l<..u"BRe:5SNer
Title: c.. "~''i MANAjer
~VEOC:;fO I'~
.L~.~~-~.~-------_...
/ DS-; CITY MTORNEY
The toregoing inslrument was acknowledged before me in the County and State aforesaid Ihis
~day of -;:';t>..l'J ,2004 by ~v...(-\- ~'/e.~<o \"'\. e.... "\, who is personally kno~ 10 me or
has produced ' as identification.
Plim Name
My Commission Expires:
-"
".,f'-'1 Pv~ Lola 6ram......ell 1
f~ \ Commis:;'on f} f)D.~21oft:1 ;
~. \)fi Expires j'/!1P' 9. 2lXl8 I
'tQt6"'-fY"" ~t19'ih.... ',.lIA'I'QII1.,C ;:\lo~l(XS.\
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4
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TN WITNESS WHEREOF, thL<; Amendment is ex~cuted as of the date first written above by each of
the parties hereto.
WITNESSES/ATTESTATION:
GOLFVIEW HARBOUR ESTATES
HOMEOWNERS ASSOC1ATION, tNC
,r/-'" f I
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PrmtName: Ic.ftr-l D E. Pf-l,t....POT
Title: P,fE5fDt'r77 ~LWIEr..J 1-I;rN2/3tl!-1e. ESf..(lrc.'5... -J.0/.}
STATE OF FLORIDA
COUNTY OF PALM BEACH
-tI. The foregoing instrument was aclGtowledged before me in the CounlY and Smte aforesaid this
'/'dayof ;1lCl-Lf >2004by-:;?,ckv~ E. PhJprdl- , whoispersonallyknowntomeor
has produced F/c;.. I Jr/vcJ. (;(. UIs<:' > as identification.
NQLf1&d.
Print Name
My Commission Expires:
,"~;;;C:'" Carol A. Crowel
{!'j'~~~t~ CO,m!niss!on "DO 17310 I
~,~. ":l;~~ Expires. J3n 1 &, 2007
"'~~c; i~~~," F!olldw 1'hrll
,....", 1\\1.\111:0 BDnQU\!l CO. I,.,~
5
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IN WlTNESS WHEREOF~ this Amendment is executed us of the date first written above by each of
the parties hereto.
WITNESSES! A TIEST A TION;
~~ Ud~
pnn~e: ,1"'".r ~ C. 11""-
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,(Jwi mL~
'PrintName;Sl1e . errz.le
GOLFVIEW HARBOUR ESTATES, lNe.
By: ~ I=?~
P~int Name: 7f~c.... PI ~~ ~,,~~
Title: e....~I.:aILt--
STATE OF FLORIDA
COUNTY OF PALM BEACH
TIle foregoing instrument was ac}\nowledged before me in the County and Stute aforesaid this
/1- day of Jd.~ ' 2004 by r:;, 1l,t;t;fL'1 -p,R/)w J,) , wbo is_~rsorw.lly known to me
or has produced 1 as identification. ~
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No ublic-State of Florida
M~/t-Jp. L 'K.-ofEf\-
Print Name
My Commission Expires:
OS-OS-2004 12 :41 PIA FROM-B R V & lA, P .J...
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T-67Z P.009/012 f~407
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t305313603S
1N' WITNESS WHEREOF I this Amendment is executed as of the 4aw first wrirren above by each of
the parries hereto,
RSP13, L.t.C.
I)
U /.
Py: J
Print Name:
Title:
A~
STA TE Of fLORIDA
COUNTY OF PALM BBACH
1M. The foregoing msuumenl was acknowle~ed ~fo'fC me in tI1e COUJ'llY and Slate aforesaid this
\ \~dB>, of N\ A'( ,2004 by Th.u \. ~\r N""'-.\ I\S\t-v:;t~ who is personally known to me
or has p:roduced rsoro \..\ ~~" +-O<t" s identification.
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LAURIE CONSTAB~E
Print Name
My Commission Ex.pires:
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OG-OHOO<! 12:<!lPIA FROM-S R V to lA, P.II.
+3053736036
T~<!76 P.009/011 F~201
IN WITNESS WHEREOF, this Amendment is executed as of the date first wrinen above by each of
the parties hereto.
WITNESSES! ATTESTATION:
AMERlCAN RETIREMENT CORPORATION
C: ?p)S:- QQoQ~.
Print Name: ~ cn&.fx\ ee \-e
fA~~ th-
Print Name: n'MAJ'f~
By:
Print Name:
Tille:
STATEOF~~~
COUNTYOF:g.ALMBBt~C-H~
The foregoing instrument was acknowledged b~n the CmUlty and State aforesaid this
~ay of ~~ ,2004 by ~ ~ ~ .J' who is personally known to me
or has produced ~~~~ ~~ as identification.
c;;<~ <:.,-~~
NOlary Public-S~ ofFl~rida
3~~ G \A\t~~
Print Nam
My Commission Expires' AUBY c.
. . Nolll!)' PU1)IiC, Wllll8.l'MQ(\ co., 'fN
My Cornm. Expires Dec. '2, ~OOf\
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EXIUJUT t\ A"
The East 584.68 feet of Tract 4, GOl.F VIEW HARBOUR 3RO SECTION,
City of Boynton 8eactl, Aorfcla, ea:ording to the Plat thereof, recorded In
Plat Bool< 30, pages 119 and 120, of the Public Recorcls of ~Im Beach
County, Flotida, Less and not indudil'l9 the followIng c!esCl1bed parrels:
Commence at the SOutheaSt camer of Tract 4, as shown on the Plat
entitled Golf Vl8N HARBOUR 3RD SECTION, CIty of BOynton Beadl,
Florida, according to the Plat thefwf recorded In Pl<:lt Book 30 on page
119, Public Records of Palm Bead1 County, flOridai thence North
2"21'36n West., along the East Hne of said Tract 4, a drsmnce of 104.2~
f~ to ttte Polnt of 8eglnnlng of the RIght of Way to be herein described;
thence continue Nortllerty, along the same course, a distance of 92.69
feet to a poInt of tangency of a curve concave to the Northwest haVIng a
central angle of 88015'44- and a radius of 15 feet; tnence Southerly and
Westerty along the arc of said curve, a distanre of :n_ll feet to a point
of reverse curvature; thence westerly, SoutherlY and Easterly, alOng the
arc of a curve concave to the t;ast ha'vlng a central ~ng\e of 197043'520"
and a ~dlus of 40 feet, a distance of 138.04 feet to the Point of
~Innlng-
Begin at the Southeast comer of said Tract 4; thertee North 2~21'36n
west, on a Plat bearing, alOng tile East line of said Tract 4, a dlstBnce of
104.29 feet to an Inter5ection wtI:h a curve concave to the North, said
curve being a cul-de-sac as recorded in Official Records aook 2584, at
pages 479 and 4SO of the Public Records of Palm Beach COl,mly, Florida,
a radiallfne from said Intersoctlon bearing North 21049'44" West; thence
Westerly along ttle right of way of salel OIlod~ and alOng said curve,
having a radius of 40.00 feet, a central a~1e of 29003'12R, 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" East1 along said patallel nne, a dlstal'lCe
of 102.55 feet to an intersectJon with the South line or said Tract 4;
tMnc:e North B1038'24R East, along said South line, a distance of 20,00
feet to the said Southeast comer of Trac;t 4 end the Pelnt of Beginning.
9
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EXHIBtT U~"
: / 1. The light poles on the east side of the site located adjacent 10 'the cul-de.sac for l31ll Street
shall be reduced to the minimum height required to meet the City of Boynton Beach Code
provided that such height and location meets the appropriate foot candle requirements.
2, The south wall shall be a siX foot high continuous coated alumimun bar fence with
concrete columns and with no gates or openings to the canal area to the south of such
fence. Upon completion of the installation of such fence, plantings will be installed on
the e},."1erior of the fence to obstrUct the view of such fence from the South.
3. No constrUCtion shall occur on Sunday or legal holidays and the developer further agrees 10
limit Saturday construction from 7;30 A.M. to 12;00 P.M.
4. Developer win include in the project's Msociation documcuts that: (i) no fishing or other
water recreation shaU be permitted in the drainage canal located to the south of the
property; and (ii) the Association will maintain the fen~ and plantings in the Site Plan.
5. The d~V'eloper further agrees to petition 1he Drainage District in cooperation with the
Gove:rning As$O<;jfttious to allow the existing vegetation located within the District's
right-of-way to remain, however, the parties to the Declaration all understand that the
vegetation is looatoo within Drainage District's right-of-way and is not under the full
control ot authority of the developer Or any other party to the Declaration.
6_ The developer shall petition Palm Beach County to allow a westbound left turn lane into
the Venetian Villa projects. The panies to the Declaration acknowledge that the petition
shall request Palm Beach Connty to fund and to construct such turn lane,
7, Developer win request from the Palrn Beach COUDty School Dislrict that a school bus
stop be located within the project.
8. Tbe colors of the buildings sball be those colors wnurlned in the site plan presented to the
City Commission on February 17, 2004.
9. Developer shall include in the project's Association document:9 a prohibition from
parking on 23nl Avenue.
10. Developer will install u'ees located along the east and south sides of the project at a
minimum height of 16 feet (pius or minus 6 inches).
10
Andrew h'es, Esq.
Direcl Line 305.375.6588
Direct Fa-x 305.347.6470
E-mail ai\'cs@;;bmnla\\'.colll
BERMAN RENNERT
VOGEL Rl\'lAJ\lDLEH, P. A.
A T TOR N E Y SAT LAW
December 20, 2004
Via Facsimile to (561) 495-9694
Ms. Joann M. Aylor
Lake Worth Drainage District
13081 Military Trail
Delray Beach, FL 33484
Re: Appearance before the Board of Supervisors
Venetian Villas Townhomes Project
Venetian Villas, L.L.C.
Venetian Villas Homeowner's Association, Inc.
Dear Ms. Aylor:
Per your December 7, 2004 letter, this shall confirm that my client, Venetian
Villas, LLC., will be attending the hearing on their own behalf.
If you have any questions or comments, please feel free to contact me in regards
to same.
Very truly yours,
B~~ tNERT VOGEL & MANDLER, PA
A~'r~w Ives
For The Firm
cc: Venetian Villas
Shamira Klein, Esq.
G:\REAL ESTATE ._ All Open Files\V\Venelian Villas\Lellers\Winlers Leller 12-20-04 (LWDD Petilion).doc
Bank of America Tower at International Place. lOa Southeast Second Street. Suite 2900 . Miami, Florida 3:1I31
Main Telephone (305) 577..1177. Facsimile (305) 373. (j()36 . www.brvmlaw.com
MEMORY TRANSMI SS ION REPORT
FILE HUMBER
DATE
TO
DOCUI.\ENT PAGES
START TIME
END TIME
SENT PAGES
STATUS
FILE NUMBER 948
A:rl.'tl.lC'\" Ivct>.. Esq.
"DLrc.L""I I..inc 305.375.6589
<<:)irecl: Fu..", 305.347.6470
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TEL NU~BER1: +3053736036
HAIlE : B R V & 1.\, P A.
948
12-20 01 :05PM
9094"3904"15614959694
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12-20 01 :05PI.\
\2-20 01 :06PI.\
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*** SUCCESSFUL TX NOT I CE ***
BE Rlvf AN RENNERT
VOGEL &.. :1vlANDLER, P. A.
^ T Ton ~ C Y 0 ^ T
December 20,2004
'>ria Facsimile to (561..1495-9694
Ms. .Joann M. Aylor
Lake vvorth Drainage District
130B1 Military Trail
Delray Beach. FL 33484
Re:
Appearana." bofore the Board of Supervisors
Venetian Villas H,O\N'nt,omes Project
Venetian Villas, L.L.C.
Venetian Villas Homeo'INner's Association. Inc.
Doar Ms. Aylor:
Per your December 7. 2004 lettar, thIs stH,,1! conflrrn that Iny client, Vonetlan
Villas, LLC., '\/ViI! be attending the hearing on their o'INn behalf.
If you .....ave any questions or commonts.. please feel free to contact me in regardS
to same.
cc: Venetian ViJlas
Sham Ira Klein. Esq.
VerY truly yours,
B~>> rlNNERT VOGEL
A~cl21~
Far The Firm
& MANDLER, P.A.
Q"REAI_ ESTATE __ All Open F;h~~~nV\.VGlln~l.;on ViIloPC\.Ll',lHo!"'&\\lVinlera Lv,u"r- '12-20-0"\ (I.,VVDD PetitJon).doc
llt..ou.k of A...,."er.;.r.-:J.. "1b,....C'l.~ ,e..:. llluu-r'tl'lt.'o'oul :PJa.<:'~ . 100 SO'l.Hhe....t. So.cOIHt S"tr.o.:t . Suj:~ot::' 2900 . M1lA.1nJ. no'&"1d.n 3;,:n:-J.l
M.ui.n, TolC!phanr: ,:lO~) 5?7.4.rn . l-....eIll-1.n:U.... {30S} 37a~f.iO~fi . _""'....,bTV'Ul---l.n_._~f.'UD.
Andrew Ires, Esq.
Direct Line 305.375.6588
Direct Fax 305.347.6470
E.majl'lim@;;bmnlaw.colll
BERMAN HENNERT
VOGEL & MANDLER, P. A.
,ITTOR:\EYS AT LA\\'
December 22, 2004
Mr. William Winters
Lake Worth Drainage District
13081 Military Trail
Delray Beach, FL 33484
Re: Venetian Villas Townhomes Project
Venetian Villas, L.L.C.
Venetian Villas Homeowner's Association, Inc.
Dear Mr. Winters:
As you may recall, this matter has been set on the January 12, 2005 calendar on
my client's petition to allow the existing vegetation located within the District's right-of-
way to remain.
As we discussed, I am enclosing pictures of the right of way in question on the
south side of my client's property (L.W.D.D. Lateral Number 27- Lazy Lake Waterway).
If you have any questions or comments, please feel free to contact me in regards
to same.
Very truly yours,
BE'1~ ~ERT VOGEL & MANDLER, PA-
l-
A rew Ives
For The Firm
cc: Venetian Villas
Shamira Klein. Esq.
G:\REAL ESTATE -. All Open FilesWWenelian Villas\Letlers\Winters Letter 12-22-04 (LWDD Petition).doc
Bank of America Tower al International Place. 100 Southeast Second Streel. Suite 2900. J\'liami, Florida 331;)1
Main Telephone (:-lO5) 577.../177. Facsimile (305) 373-6036. www.brvmlaw.com
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8oardo! Supor\.',sors
C. Slanley Weaver
John I. IJVhitworth III
Murray R. I<alish
C. David Goodlell
James tv!. Alderman
LAf<E WORTH DRAINAGE DISTRICT
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S!3CftHi3f).'Ir.!anag8i
William G. Winters
13081 MILITARY TRAIL
DEL RAY BEACH, FLORIDA 33484 -1105
As~islallll.t3na;Jer
Ronald L. Crone
ll.!iorray
Perry & Kern. P.A.
January 18, 2005
Andrew Ives, Esq.
Berman Rennert Vogel & Mandler, PA
100 Southeast Second Street, Suite 2900
Miami, FL 33131
Re: Venetian Villas Townhomes Project
Venetian Villas, L.L.C.
LWDD L-27 Canal
LWDD Project No. 04-70270.02
Dear Mr. Ives:
This letter will confirm the decision of the Board of Supervisors of Lake
Worth Drainage District at its meeting January 12, 2005, wherein it denied
your client's request to allow existing vegetation located within the
District's L-27 Canal right-of-way to remain.
..3i~?~E=S .....
~.
L-MfXRk A. PERRY
GENERAL COUNSEL TO LWDD
MAP:fac
c: William G. Winters, Manager LWOO
Ronald L. Crone. Assistant Manager LWOO
Delray Beach & Boca Raton (561) 498-5363 . Boynton Beach & Wesl Palm Beach (561) 737-3835 . Fax (561) 495-9694
L\DAT AIFRANILETTERSIVenVll/as_L27 _AlveiYroesile: \WNI. LWDD.net
1."
LAKE WORTH DRAINAGE DISTRICT
13081 MII..ITARYTRAIL
DELRAY 8EACH, FLORIDA 33484 -1105
January 5, 2005
Andrew Ives
Be.rm.an Rennert Vogel & Mandler, P.A.
Bank of America Tower at International Place
100 Southeast Second Street, Suite 2900
Miami, Flori.da 33131
Dear Mr. Ives:
This letter i8 to serve as your confirmation to appear before the Board of
Supervisors on Wednesday January 12, 2004 at 9:45 A.M.
If you have any questions or cannot attend, please calL
Sincerely,
LAKE WORTH DRAINAGE DISTRICT
~$~
~~. Aylor
Secretary
/jma
Via Facsimile 305-373~6036 and General Mail
Delray 8each & Seca Raton (561) 498-5363 . Boynton Beach & West Palm Beach (561) 737.3935 . Fax (561) 495-9694
Web~ile: www.LWDD.nel
113/10 39\;1d
39'dNI\1~a HIClOI'l 3>i\:i'l
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C. Stanley WG'dvGr
John I. Whitworth III
Murray R. Kalish
C. David GoodlElll
James M. Alderm:.m
SecrolOl'j'.,.19""l)""
William G. VVlnl.era
As;~&~_l'lt Mill'lAser
Ronald L. CrOI1Q
Alnn.y
Perry & Kern, PA
0E:01 900G/90/10
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C S\cll1ley 'Ne,wGr
John I vVl1il.....or111111
Ivlurray R. 1<31isl1
C. David GomJlell
.James M. Alderman
LAKE WORTH DRAINAGE DISTRICT
\j'...._A......AJ\_^_A...J\....A__A.__A.....J'-..-l'-..-l
SI~(rf:,ar'i!r.1fl!1",J:;r
William G. Winlers
A~-:;~S!JI11 f.1J(I<!!~-Jr
RonolcJ L. Crone
13081 MILITARY TRAil
DELRAY BEACH. FLORIDA 33484 -1105
/'~(.1;~~Y
Perry & I<ern. PA
December 7, 2004
Andrew Ives
Berman RelU1ert Vogel & Mandler, P.A.
Bank of America Tower at International Place
100 Southeast Second Street, Suite 2900
Miami, Florida 33131
Re: Appearance before Board of Supervisors
Dear Mr. ryes:
We are in receipt of your letter dated December 7, 2004 and have scheduled
your appearance before the Board of Supervisors on the January 12, 2005 Board
agenda. A scheduled time will be assigned to you and a confirmation letter will be
mailed to you on January 5, 2004. If you would like, you may also call me after 1:00
P.M. on the 51h to find out your confirmed time.
Enclosed you \vill find a Letter of Authorization to be executed by the property
owner(s), and an Affidavit of Authorization to be executed by the agent/representative
of the property owner, both of which must be completed and returned to the Lake
Worth Drainage District no later than 5:00 P.M. on December 30, 2004, or your
scheduled appearance before the Board will be canceled. These forms need to be
completed if you are not representing yourself. If you are representing yourself, please
inform me of this in writing.
If you have any questions regarding the aforementioned documents, please
contact Mark A. Perry, Attorney for the District.
Sincerely,
LAKE WORTH DRAINAGE DISTRICT
~~- fl ~
~~. Aylor t/.. -
Secretary
Ijma
Enclosures
F:VO,',)O;N~E\\'DOCS;BDLETTER DOC
Delr8Y Beach & Goco f,alon (561) 498-5363 . Boynton Beacl) & West Palm Beacl1 (561) 737-3835 . Fax (iGi J 49(i.\)(3~}1
Website: ,....ww.LWDD.net
AFFIDAVIT or AUTHORIZATION
Project Name:
Number:
I,
, do hereby swear/affirm that I
am submitting this request for approval of:
with the full knowledge and consent of all owners of record of the property that is the
subject of this request I understand that lake Worth Drainage District, in processing
the approval of this request, is relying 011 my assurance that all owners of record are
aware of this request and approve of my <lCling as agent. As agent, I have the
authority to agree to conditions [hat Illay be imposed.
Agenl Signature
Printed Name
SIree! Address
Cily, Stille, Zip Coue - -
Telephone Number including area code
"
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY thaI all this day, before me, all ufficer duly authorized in the Slale alld
County aforesaid to take acknowledgments, persollally appeilred
, known to me, or who produced
as identification, and who did (did not) take all oalh.
WITNESS my hand and official seal in the (oullty and Stale last aforesaid this the
_ day of , 2002.
NOTARY PU8l1C
Printed Name of Notary
Stille of Florida
My Commission Expires:
L:IIJA T A lJOANNINc WDOCSIAUTII.AFI'.J","
LETTER OF AUTHORIZATION
TO: The Board of Supelvisors of the Lake Worth Drainage District
The undersigned hereby appoints
agent to prepare and submit all necessary documentation and attend all
Drainage District Board of Supervisors' meetings, regarding
to act as
Lake Worth
[Brief Description of Subject Malter]
Further, the undersigned agrees to accept any and all terms and conditions required
by the District's Board of SupelVisors, which are approved by the undersigned's agent,
which shall include but not be limited to the payment of administration fees, charges,
expenses, costs and attorney's fees, which may be assessed by the lake Worth
Drainage District in reference to the subject matter, whether or not the undersigned
proceeds further on the project.
DA TED;
BY:
Owner's Signature
Printed Name
Street Address
City, Slate, Zip Code
Telephone Number, including area code
,-
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared
known to me, or who produced as
identification, and who did (did no!) take an oath.
of
WITNESS my hand and official seal ill the County and Slate fast aforesaid this rhe
,2002.
day
NOTARY PUBliC
Printed Name of Notary
Stale of Florida
Iv1y Commission Expires:
L:\DA T,\ \JO,\NN\NEWIl OCS\A UTII.LTR.doc