CORRESPONDENCE
From:
Sent:
To:
Subject:
Miskel, Bonnie [Bonnie.Miskel@ruden.com]
Thursday, September 16, 2004 3:57 PM
rum pfm@ci.boynton-beach.fl.us
Hoeflinger/Amendment attached.
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DOC004.TIF
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J
1.1 BERMAN RENNERT
VOGEL & MANDLER, P. A.
A T TOR N E Y SAT LAW
OU. t; ~lr2.(~
g~l:s- O~
Shamin Klein, Esq.
Direct Line 305.517.4176
Direct Fax 305.347.6475
E-mail sldein@brvmlaw.com
August 12, 2004
VIA FEDERAL EXPRESS
Bonnie Miskel, Esq.
200 E. BrowardBlvd., 15th Floor
Ft. Lauderdale, Florida 33301
RE: RSPB, Inc, sale to Michael Hoeflinger
Dear Ms. Miskel:
Enclosed please find the Resolution R04-107 as executed by the City of
Boynton Beach. As discussed, please record same and forward a copy to my
attention.
If you should require any additional information, please do not hesitate to
contact me.
Very truly yours,
BERMAN RENNERT VOGEL & MANDLER, P.A.
~O.~
Lori A. Smith
Legal Assistant to Shamira Klein, Esq.
WB:las
G:\REAL ESTATE - All Open Flles\V\Venetian Villas\Letters\Miskel.ltr.8.12.doc
Bank of America Tower at International Place. 100 Southeast Second Street. Suite 2900. Miami, Florida 33131
Main Telephone (305) 577-4177 . Facsimile (305) 373-6036. www.brvmlaw.com
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RESOLUTION R04- to 7
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, CONSENTING TO THE AMENDfv1ENT TO
THE DECLARATION OF COVENANTS AND
RESTRICTIONS FOR ALHAMBRA SQUARE
AlLOWING FOR THE PARTIAL RELEASE OF
COVENANTS THAT REMOVES THE USE
RESTRICTIO~AN ACLF, AS A~UISITE TO
FINAL APPR~F THE VENETIAN VIUAS SITE
PLAN; AillHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDfv1ENT TO EVIDENCE THE
CITY'S CONSENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in 1991, a deed restriction, identified as the Declaration and Covenants
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d Restrictions for Alhambra Square was recorded in connection with a court-approved,
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989 Stipulation and Settlement Agreement between the City of Boynton Beach and the
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'lnor Corporation; and
WHEREAS, the Stipulation and Settlement Agreement, in part, specified certain site
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provements and design requirements, and most significantly, in accordance with Article
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, sectio~stricts the use of the property as an ACLF; and
WHEREAS, a subsequent court order authorized the city's review of an alternative
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evelopment plan, with the requirement that if approved by the city, the court would be
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titioned for amendment of the original settlement agreement to remove the ACLF use
striction; and
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WHEREAS, the alternative plan, called the "Venetian Villas" consists of SO fee
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imple townhomes and related site improvements, and was approved by the City Commission
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n February 17,2003. The site plan was approved with various conditions, which included
:\CA\RESO\Alhambra - Amend to Declaration - Venetian Villas.doc
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n part, the requirement to conform with original site restrictions from the settlement, or to
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end the settlement stipulation accordingly; and
WHEREAS, the plan complied with most site requirements, however, the amended
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ec1aration includes limitations and requirements to ensure resolution of selected issues
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ndicated in the original agreement, or endorsed by adjacent homeowners. The conditions
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ncluded in the amendment are attached as Exhibit "B" and will supplement the siteplan
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WHEREAS, due to the connection between the approved site plan and the court
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rder or ~endment, any subsequent changes to the approved site plan, whether minor .QI )(.
ajo~~qUi!:e court appro~al.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
HE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing "WHEREAS" clauses are true and correct and
ereby ratified and confirmed by the City Commission
Section 2. The City of Boynton Beach, by and through its City Commission,
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onsents to the Amendment of the Declaration of Covenants and Restrictions for Alhambra
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quare, attached and incorporated herein, that allows for the partial release of covenants that
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emoves the use restriction to an ACLF, as a prerequisite to final approval of the Venetian
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illas site plan.
:\CA\RESO\Alhambra - Amend to Declaration - Venetian Villas.doc
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SectiDn 3.
The City Manager is authorized to execute the Amendment to
2 eclaration of Covenants and Restrictions for Alhambra Square, thereby conveying the
3 onsent of the City of Boynton Beach to the Amendment.
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Section 4.
This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this ~ day of July, 2004.
CITY OF BOYNTON BEACH, FLORIDA
~
-~ ~.
ATTEST:
~m.~
Cit Clerk
(Corporate Seal)
:\CA\RESO\Alhambra' Amend to Declaration. Venetian Villas. doc
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1--. (y-{ ~( 67
This document has been prepared by
and when recorded return to:
Shamira Klein, Esq.
Berman Rennert Vogel & Mandler, P.A.
100 Southeast Second Street, Suite 2900
Miami, Florida 33131
Phone: 305/577-4177
AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR
ALHAMBRA SQUARE
THIS AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ALHAMBRA SQUARE (this "Amendment") is entered into as of the _ day of
::T u. ~ ,2004 by and between THE CITY OF BOYNTON BEACH (the "City"), RSPB, LLC,
a Flori limited liability company, AMERICAN RETIREMENT CORPORATION ("ARC"), and
GOLFVIEW HARBOUR ESTATES HOMEOWNERS ASSOCIATION, INC., and GOLFVIEW
HARBOUR ESTATES, INC. (collectively, the "Governing Associations").
RECITALS
WHEREAS, as a condition of that certain Stipulation and Settlement Agreement with the
City, dated October 31, 1989 and entered in the Circuit Court of the 15th Judicial Circuit in and for
Pahn Beach County, Florida under Case No. 89-6178-AN (the "Stipulation Agreement"), Milnor
Corporation, a Florida corporation ("Milnor") as owner of Alhambra Square North, and Norman J.
Michael and Elishka E. Michael (collectively, "Michael"), as owners of Alhambra Square South and
Alhambra Square 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 the Public Records of Palm Beach County, Florida, to impose certain developmental
limitations upon the use of the parcels of land located in Pahn Beach County, Florida, as more
particularly described in the Declaration;
WHEREAS, RSPB, L.L.c., 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" A" attached hereto and 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, Exhibit" A" is wholly contained within the Alhambra Square South and the
Alhambra Square ACLF parcels.
WHEREAS, the City, the Governing Associations, ARC and RSPB desire to partially release
the covenants, restrictions, conditions, tenns, provisions, rights and obligations created and arising 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 and RSPB desire to partially release
the covenants, restrictions, conditions, tenns, provisions, rights 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 are 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 0; effect as to the Property, effective as ofthe date ofthe recording ofthis Amendment.
Further, all reference to restricting the property described in Exhibit "A" hereto to an Adult
Congregate Living Facility ("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 described in
Exhibit" A" hereto.
3. As a condition to the release described above, the owner ofthe Property and/or its
successors in interest hereby agree that the development of the Property shall be in confonnance with
the limitations and requirements set forth 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. This Amendment may be executed in any number of 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 of the parties hereto and may not be amended or
modified without the consent ofthe Governing Associations.
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8. In the event construction ofthe development on the Property in accordance with the :t
Site Plan is not. comm~nced within one (1) year from the date of recording of this Amendment, this '. _
Amendment will termmate and be of no further force or effect. . tlf'r(~'
(Signature Pages to Follow)
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'0'6-09-Z004', IZ:4QPMFROtH ~ V " lA, P.A.
+305313'5036
T-476 P.005/011 f-ZOI
IN WITNESS WHEREOF, this Amendment is executed as of the date first written above by each
oftbe parties hereto.
WITNESSES/AITEST ATION:
~tbAtj~i
~tIM~' ~
Print Name: SIJSltN t o LtlN.J
THE CITY OF BOYNTON BEACH
By: ~
Print Name: e(
Title: C.'-I-., MANA~er
COUNTY OF PALM BEACH
pVEDQ:j~
~ CITY ATTORNEY
STATE OF FLORIDA
The foregoing IDstrumelU was acknowledged before me in the County and State aforesaid this
"@day of --:s 0...\. J . 2004 by y':>v.... (-t ~ -Ie." ~ ,,~ '\. who is personally knoW]) to me or
has produced ' as identification.
tAJQ}!/
Print Name
My Corrunission Expires:
....,r.'("~ Lole Bramwett \
!'19\\ , C~mi&:".'OI1 # f){).:21883 1,
'\. \) ~ Expires JI,ne 9. 2008
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4
IN WITNESS WHEREOF, this Amendment is executed as ofthe date first written above by each of
the parties hereto.
WITNESSES/ATTESTATION:
GOLFVIEW HARBOUR ESTATES
HOMEOWNERS ASSOCIATION, INC
If
By:
PtmtName: "(,ct;,'! /) E. Pf-llL.POTr
Title: PK'-ES/Dt'/?T A>LK1IEtJ 1-I/J1Z1.3f:X..U~. ESWTc.5- !-Ie/.)
STATE OF FLORIDA
COUNTY OF PALM BEACH
:tI. The foregoing instrument was_~knowl~dged be!ore ~e in the Co~nty and State aforesaid this
'i\iayof /l7.cvj . ,2?04 by "1\.ckrIJ 6 . Ph.lp~ rl- .' W?OlSpersonallyknowntomeor
has produced r/c.. Jr, t'c.s. (,e e.'tS..: _, ' as l~entificat1on.
/ .
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Print Name
My Commission Expires:
"'~~;;~'" Carol A. Crowel
~::..':;;~t,~~:= Com!TIission #00173\ 0 I
:'~'. 'iJ.i;': ExpIres: Jan ) 8,2007
"'''..~J'iOF~~O~''''''''' Bonded ThriJ
""""" Atlantic Bonding Co,. Inc
5
IN WITNESS WHEREOF, this Amendment is executed as of the date first written above by each of
the parties hereto.
WITNESSESI ATTESTATION:
~e:~;--Cd Ifep
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~m~U:-
'Print Name: 5h' c.l<\en"l..ie.-
GOLFVIEW HARBOUR ESTATES, INC.
By: ~ ~~
P?ntName: ~~'3-o:,"",\ I A tS('duJr'\
TItle: P,..et't&lI..1-
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acJ910wledged before me in the County and State aforesaid this
/q day of UA:'( ,2004 by ~ 1l,~Lt 'P:Jibw l-> , who is personally known to me
or has produced , as identification. ~
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lado~ '1 RUllJ;)-U "'?':~d":~">~~"
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Print Name
My Commission Expires:
95-10-2004 01 :47PM FROM-S R V & M. p,
+3053736036
T-672 P.009/012 f-407
IN WITNESS WHEREOF, this Amendm.ent is executed as of the date first written above by ew;:h of
the panies hereto.
RSPB, L.L.C.
I ~e
.J
By: It~
Print Name: t 1'\ WOO S. "" , IJ C;. ~. ^""
Title: t-Ao..V'C~r (Mt"\{Y"'\oe (""
STATE OF FLORIDA
COUNTY OF PALM BEACH
.v\-\.. The foregoing instrwnent was acknowle~ed before me in the County and State aforesaid this
\ '-':'=day of N\ ~ 'Y ,2004 by t=>n ( I ~ ~\r ~\ r\S\rv::J.r<"'o, who is personally known to me
or has produced .r SO' "-0 \. \ . ..~.:/~ i' +0 ,1'\ s identification.
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Public-State of Florida
LAURIE CONSTABLE
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Print Name
My Commission Expires:
7
IN WITNESS WHEREOF, this Amendment is executed as of the date first written above by each of
the parties hereto.
WITNESSESI ATTEST AnON:
AMERICAN RETlREMENT CORPORA nON
(\ tp) ~ n Qs)OJJJL .
Print Name: (' (\'\~\ e€-~ ~
f)~tJ--
Print Name: t; n, A1AM~
By:
Print Name:
Title:
STATEOF~~~
COUNTY OF P.ALM BK^"CH
The foregoing instrument was acknowledged b~fore me in the County and State aforesaid this
~y of ~ 2004 by 't.. -:r ~ " who is personally known to me
orhasproduced _~~ ~~~asidentification.
ce~~l~~
3~ G\A\M,j,
Print Nam
My Commission Expires: RUBY C.
Notary Public, Williamson CO" TN
My Comm. Expires Dec. 12. ~QOtf
8
EXHIBIT "A"
The East 584.68 feet of Tract 4, GOLF VIEW HARBOUR 3RD SECTION,
aty of Boynton Beach, Florida, aa:ording 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 desaibed parcels:
COmmence at the Southeast rorner of Tract 4, as shown on the Plat
entitled GOLF VIEW HARBOUR 3RD SECTION, Oty of Boynton Beach,
Florida, acoordlng 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 wrve, a distance of 23.11 feet to a point
of reverse curvature; thence Westerly, Southerly and Easterly, along the
arc c:I a curve concave to the East having a central angle of 197043'52"
and a radius c:l40 feet, a distance c:l138.04 feet to the Point of
Beginning.
Begin at the Southeast comer of said Tract 4; thence North 2021'36"
West, on a Plat bearing, along the East line c:I said Tract 4, a distance of
104.29 feet to an Intersection with a curve concave to the North, said
curve being a wl-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 21049'44" West; thence
Westerly along the right c:I way of said cul-de-sac and along said curve,
having a radius of 40,00 feet, a central angle c:l29003'12", 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 distance of 20.00
feet to the said Southeast comer of Tract 4 and the Point of Beginning.
9
EXlDBIT "B"
1.
The light poles on the east side of the site located adjacent to the cul-de-sac for 13th 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 aluminum 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 exterior 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 to
limit Saturday construction from 7:30 A.M. to 12:00 P.M.
4.
Developer will include in the project's Association documents that: (i) no fishing or other
water recreation shall be permitted in the drainage canal located to the south of the
property; and (ii) the Association will maintain the fence and plantings in the Site Plan.
5.
The developer further agrees to petition the Drainage District in cooperation with the
Governing Associations 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 located within Drainage District's right-of-way and is not under the full
control or 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 parties to the Declaration acknowledge that the petitio
shall request Palm Beach County to fund and to construct such turn lane.
7.
Developer will request from the Palm Beach County School District that a school bus
stop be located within the project.
8.
The colors of the buildings shall be those colors contained in the site plan presented to the
City Commission on February 17, 2004. - -
9.
Developer shall include in the project's Association documents a prohibition from
parking on 23rd Avenue.
10.
Developer will install trees located along the east and south sides of the project at a
minimum height of 16 feet (plus or minus 6 inches).
10
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