R03-090II i
RESOLUTION R03- OCiO
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA,
CONSENTING TO THE AMENDMENT TO THE
DECLARATION OF COVENANTS AND
RESTRICTIONS FOR ALHAMBRA SQUARE TO
PERMIT THE EXISTING F ICUS H EDGE T O REMAIN
IN CONNECTION WITH THE DEVELOPMENT OF
THE MEDICAL ARTS PROFESSIONAL CENTER
PROJECT; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT TO EVIDENCE THE
CITY'S CONSENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in 1991, a deed restriction, identified as the Declaration and Covenants
and Restrictions for Alhambra Square was recorded in connection with a court-approved,
1989 Stipulation and Settlement Agreement between the City of Boynton Beach and the
Milnor Corporation; and
WHEREAS, the Stipulation and Settlement Agreement, in part, required the change
lin land use and zoning, and specified certain site improvements and design requirements that
would need to be followed in proceeding through the site planning process; and
WHEREAS, the site plan for this site was approved in August 2002, and consistent
with the recorded restrictions, was conditioned upon the removal of the existing ficus hedge
and replacement of the same with sod and landscaping to the approval of the Boynton
Leisureville Community Association ("Association"); and
WHEREAS, the Association and the Developer of the Medical Arts Professional
Center have reached an agreement to waive the requirement to remove the hedge as set forth
in the Declaration, opting to let the hedge remain as a secondary buffer, and as more
~articularly set forth in the certification of the Association attached as Exhibit "A"; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
FHE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO~Alhambra - Amend Declaration.doc
Il ,
Section 1. The foregoing "WHEREAS" clauses are true and correct and
hereby ratified and confirmed by the City Commission
Section 2. The City of Boynton Beach, by and through its City Commission,
consents to the Amendment of the Declaration of Covenants and Restrictions for Alhambra
i :Square, attached and incorporated as Exhibit "B," allowing the existing ficus hedge, located
i between the Medical Arts Professional Center project (f.k.a. Alhambra Square North) and the
iadjacent Leisureville community, to remain as requested by the adjacent Association.
Section 3. The City Manager is authorized to execute the Amendment to
Declaration of Covenants and Restrictions for Alhambra Square, thereby conveying the
consent of the City of Boynton Beach to the Amendment.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ,~ day of June, 2003.
'or / ·
/¢':.. : ',& , ::~ :%:. --
Commissioner
ATTEST:
S ~CA
: ation.doc
CERTIFICATION BY BOYNTON L EISU RE~V_ILLE
cOMMI, JNITY ASSOCIATION, INC.
KNOW ALL MEN BY THESE. PRESENTS:
A. The undersigneci, BOYNTON LE{SUREVILLE GOMMUNI ~-CY
ASSOCIATION. iNC. (the 'Association'), is the governing association of the real ,
property which is adjacent to Alhambra Squaj'e North, as is more particularly sat
focth in th~ certain Declaration o~, Covenants and R_strictions for Alhambra
Square dated May 7= 1991 an¢t recorde~l in Official Record Book $8g$. page
1431 of the Public Recorcts of Palm ~&aach Counb/, Florida (the "DecJaration').
B. The DecJaration contains' therein certain constru~ion and dsveiopment
condition, s anc~ requirements concerning the following c~esc~ibed real' 15roperty
referred to in suc~ Deolara~on as Alhambra Square North:
A perc.~.l of land in Section 32. Township 45 South, Range 43 East,
City of Boynton Beach, Florida, Palm Beach Courtly. more
particularly described as follows:
The Eas; 4130 feet of tl~e West 510 fast ~ tine Nor'tin 380 feet of the
South 4:20 feet of +.he NoOn,west '4 of SectJon 32, Township 45
South, Range 43 East, City of Boynton Beach, C(3un~ of Pa{m
Beach. Florida. less and excel;:)t lands descr[becl Un O~'icial Records
Book 5402, page 670.
(the "Property') ,
C. Hematology Oncolo;y Associates P~'operties, Inc. ('HOAP"~ is the
of and aDout to develop the Property, and.has be-_.~ coordinating its c~nst."uction
~ncl clevelopm~nt with the Association, and th~ Association has reviewed the si~:e
~len and other documents submitted to the C;i~ of Boynton Bear. in for a building
Detroit to builc~ a 42,82.4 square fool:, single story office Building on t~e Property.
NOW THEREFORE, ;o assist Hematology OnccDIogy As..~¢iates
Proper'ties. Inc., their successors and/or assigns.in obta~in~ a building permit for
t~e Property, tine Association hereby certifies [hat et. the present time, and based
upon the constnJction plans which it ~as r~viewed f3r ~che P;operty, and
communications witch the builder for HOAP, the Asaociation is satisfied +.nat:
1. The building c~n the Property will not exceed two (2) stories in
height.
2. SAtisfactory arrangements have been made to locate all Oumpsters
away from the adjacent resicientia', areas.
3. A six (6} foot zoning boundary wail will be cnnstructed Dn the
Property, and the construction has been coor¢mated with the Association.
However. ra~her than remove the existing I=uffer hedge in accorclartce with the
terms of the Declaration. the Association h~-s requested that HOAP leave the
existing Duffer hedge in place, and hefeDy waives the requiramenf, to remove
such hedge and replace it with sod and landscaping, as is otherwise set forth in
the Declaration. HOAP has agreecl to accommodate the Association in this
request, provided it can obtain the consen!, and approval of the City of Boynton
Beach in connection th_.rewith.
4. The design anO plans f~r inst~ll~timn ~f tam ligl~ting in ~h~ parking
areas i~ such that it will not s~'tine directly into the adjacent residential area.
'l'he purpose of ~Ls Certification is to evidence that HOAP, as developer ~f
the Property, has coo.oerated with anti has coordinated its construction efforts
with the AssoC~atiorl, such that it appears that all of [,-ha conditions and
requirements of ~e .Declaration ¢_'-~arding con,ruction on the Property have
been or are bain9 satjs~:ied. Nothing herein shall be deemed to waive such
requirements in connection with the actual construction to be performed on the
Property. in the future, w[z.h the exemption th~ the Association does not wish for
the existing buffer hedge to be removed.
Witnesses: Boynton Leisuraviile Community
Association, inc., a Florida not for ,Drc~t
~Z~ ~.~~.-.~ corporation
Syl,~i~ Huhman.. President & Dire.tot
STATE OF FLORIDA
COUNTY OF PALM BEACH
C~ ~...._L The foregoing ins,"rument was ackncrwtedged before me this .~=~E_'r~ay of
~02, by SY~_VIA HUHMAN, as President and Director of B~ynt~n
Leisur~.i' Com.munit"y Associaticn, Inc., whe ~ is personally known to me OR
2
procluced / as ic~entffication.
-Print Name'S.., .~ ~ .~
NOt~ Public / ' --
. My Commiss ich Expires: ~¢~: Y~,~ o ~,.,~
Conr~ D.mon, Esq.
Ward, Damon & Posner, P.A.
4420 Beacon Circle, Suite 100
West Palm Beach, FL 33407
WCAI37
AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
FOR ALHAMBRA SQUARE, WAIVFeR 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 contains 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, ancl in
connection therewith has received a Development Order from the City of Boynton
Beach datecl 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 t~e 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 wail, 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. The foregoing recitals are true and correct and are made a part
hereof.
2. Boynton Leisureviile 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., ali 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 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 bounda'y 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
hedge referred to in such DecJaration 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
properly 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 PROFESSIONAL
CENTER, LTD., a Florida limited
partnership
By: Hematology Oncology Associates
Properties, Inc., a Florida corporation,
as its General Partner
Name: Surendra K. Sirpal
Title: Pre$id~rlt
Boynton Leisureville Community
Association, Inc., a Flodda not for profit
corporation
By:
Sylvia Huhman, President & Director
City of Boynton Beach
By;
RSPB, LLC, a Florida limited liability
company and successor in interest to
Alhambra Square South and Alhambra
Square ACLF
By:.
3
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
Oncology Associates Properties, Inc., which is the General Partner of Medical
Arts Professional Center, LTD, who
~ is personally known to me OR
~ produced as identification.
Notary Public
Pdnt Name:
My Commission Expi~'es:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged bef~e me this day of
,2003, by SYLVIA HUHMAN, as President and Director of Boynton
Leisureville Community Association, Inc., who
__ is personally known to me OR
__ produced as identification.
Notary Public
Print Name:
My Commission Expires:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this ~ day of
, 2003, by ., as of
City of Boynton Beach, who
~ is personally known to me OR
~ produced as identification.
Notary Public
Print Name:
My Commission Expires:
4
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of
., 2003, by __, as of RSPB,
LLC 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.
Notary Public
Print Name:
My Commission Expires:
5
]~qOW ALL KEN BY ~ FR~.SZa'rS, 'that t. he undersized Owners '
conve~ed ~nd occupX~ a~ec~ ~o ~e cov~an~s~ toe,riPens and
l~i~aCions hereinaf~er sec fo~.
S~tpula~ton and Se~l~ A~e~en~ vt~ ~e CtW of
Bea~, Florida for an amen~ ~o ~e f~ur8 X~d ~e elemen~ o~
~e Ci~'s comprehensive Pi~ ~d/or rezoning of ~e ~ds
follows:
Alhambra S~are No~h: Office Co.sro!al C-1 (0ff~ce
Alha~ra S~a~e Sou~h:
and
hlha~ra S~are ACLF: ~ul=i-Fam!ly R-3 (~i-
Residen:ial f~ly)
vt~ no less
~ 248
apa~
Section 2. ~ a condi~ion of s~d S~i~la~ton
S~lemen~ Agreem~, ~e ~de~i~ed agree ~ ~pose c8~ain
develo~en~l l~i=m=ions upon ~e uso of ~e ~.
Section 3. I= is ~e e~rsss in~: of ~o ~ersigned
=o ~e p~isions of ~icle ~II hereOf:er sot fo~) ~e use
of ~m ~nds for ~e benefit of ~e Ci=y of ~ton ~a~ ~d for
pe~o~ of reco~ o~g adJacen: real p~pe~ =o ~o ~ds (~e
"Prop8~ O~ers"), and for no o~er patens, In ac:o~ce
~e restrictions ~d limitations sot fo~ herein.
"gove~ing assouia=ions~" of adjacent ~ prepay are
follo~s: Bo.=on Bea~ ~is~eville Co=ni~ Ass~ia=~on, Inc.,
1
~e lan~s ~i~ are ~ shal~ be held, tra~ferred, sold,
conveyed ~ ~pied ~Je~ to ~is ~clara=lon are situate
Pa~ ~a~ Cowry, Florida, wi~ ~e city l~ts of ~8 City of
~ton ~a~ a~ ~e do~r~ed ~ ~bi~ WA" at~ched h~eto
~d ~de a p~ hereof.
A. The s~c~ur8 o~ m~mm ~ be buil~ on
~nds s~ll confo~.wi~ ~e felling
1. A~ra S~are No~:
Height: 2 s~r~es
2.-~-~ra S~re Sou~ and
AI~ S~are - A~
He~gh=: 2
A~ apa~ts = 2 4 8
M~ti apa~=s: as per Ci~ zoning
B. ~e follo~ing developmental lt~=a~ons shall
apply ~o ~ra S~aro ~:
(1) No b~lding ~all exceed ~o stories
height;
(2) ~1 d=psters sh~l bm located away
adjacent rasld~tlal armas;
(3) ~ mh~l be =ons~=~d a six fo~t
~ wall baleen ~h~ S~m No~ and a~Jacent
m~glm-f~y ar~s. C~ns~==ton/lan~ca9~ of said
~11~ed~m s~ bm cook--ted wi~ ~ govm~g asso=iation
~a adJac~t r~tdential ~pe~y, ~d ~ ~st~g buffer h~dgm
~11 bi r~d an~ replaced wi~ s~ ~d l~dscap~g =~
~ectf~catio~ of~e gove~in= ass~iat~on, all =o be done mt
~st to ~e qove~ ~socia=ion. Said appr~al o~ll
g~e~ed by ~ provisio~ of Para.apb C.(7) hereafter
2
(4) ;%11 l~h~3mg in park/ag areas shall
designed and installed so ~. not :o shine direc~Lly in to
residen:!al a~"'eee. A/i light_tag in p~rking areas shall be
sx~lnp",/ished a~ ~11:00 P.~. I and
C. The follow~q develop=mn=al limits=lens shall
apply ~ Alhambra Squ~rs S=.% and ;tlha~bra square ACLF:
(1) NO building shall exceed two stories in
heigh=;
(2) Tho r'~of ~:L:¢.h shall not bo steeper
4/12;
{3) A/1 dual,tars shall be lace:ed a~ay fr~m
adjacent residential areas~ ~nd'the dumps=ers shall be located
least one hun~re~ feet f~ the south property line of the
Alhambra Square Sou~h ~nd Alha~b=a Square ACLF parcels;
( 4 ) All l~ghting in ar~a park. tag shall bm
designed and ins~alled so ~- not to shins d/racily into
resident~al areas. ~ark/.~g lot 1/ghting shall be ex~ingu/shed a~
11:00 P.H. Park~tng lot l~ghting poles shall ba at t_he nininum
(5) Use of the 2ubJec= propeL-fy shall be
to an Adult Congregate Living Facility {ACLF);
(6) A comb~nation of landscaping and yell
"~all") shall be ¢ons~ru~ed on the south prope~-~y of the'
Al~a=bra Square South and Alb~ra Square ACLF parcels. The plan
and design of ~-he Wall shall be coordinated with and approved by
the governing nssoc~ations of the adjacent residential prope~y,
and said approval ~hall ~ in accordance with p=ragraph (7}
below. The Wall shall be ~truc~sd at no cos= to =he governing
(7) Appro¥&! by the governing associa=ions si%all
no: be unreasonably wi~hheld.
(8) At suc~ :i~e as building plans ars
to the Ci=y of 'Soya=on Bsac~ =or permit, copies of t_he Wall plan
a~l. si~e plan shall be s~bm~:ted to r.~e governing associations;
~pr~=s shall be: consulted or ~stalled ~ ~e ~ Wo~
Drain=ge Dis=ri~ 'righ=-of-way sou~ of ~e ~h~ S~e S~
and ~h~ S~e A~ ~els ~ and
each en~ca, If de.ed nocessa~ by ~e ~=y of
The ~=e ~nd Use El~en~ an~ Zon~g of
~h~ra S~are No~ Office Co~8rcial C-1 (0ff~cm
and ~~ S~are A~ Residential A~ w~ no less
~an 248 apa~ents
~tng w~ ~e ~nds for ~e benefi= of all ~ers
prope~y adJacen= =o ~e land, and for ~e benefl~ of o~ers of
re~ prope~y in ~e s~Jec= parcels and ~e C~ of ~o~ton
Bea~. Thee Coven~=s and Res~lc=ions shall be binding upon
=he ~dersignad O~ers and their successors and
ALHAH]~J~ SQUAR~ SOU'rH and
ALHAH3RA SQUAR~ LCLF
4
..... ~ ~d vho ~ ........ to ~
~ay ~ d
Z ~ ~ ~ac on ~lm day, before ne, an officer
d~y au~orized ~ ~ S~ata a~ Co~ aforuaid, ~o take
~o~ to me ~ be ~e person desk. ed ~ ~d ~ ~e~ ~e
foreqo~ ~en~, ~d she a~ledq~ ~fo~ =o ~a~ she
~e~tad ~o a~l ~ ~e Prea~ce of ~o ~s~g
freely ~ vol~carily.
laa~ aforesaid,
day of ~ _, 1991.
D: C'Oh'DO00. Jh
I~AGEOI': ~L-98-24474-1 041211199& 2:37pm Page 6 of 6
I
~a~tcularly descried as foll~a:
~e S~u~ 420 feeg of ~e No.west 1/4 of S~on 32, To~sh~g
Bea~, F~orida, lass ~d ~cep= lan~ das~bed ~ Offlct~
Reco~s Book 5402, Page 670.
~ SOUARE SOUTN/~TR~[BRA SOUAR~ ACL~
Florida, acco~ng to plat ~aof ~ordad in Plat Bock 30,
pag~ 119 ~d 120, ~1~c Roco~ cf Pa~ Bea~ Co~y, Florida.
~ss ~d no~ ~clud~g:
Co~ct a~ ~ Sou~eas~ co~ of Tra~ 4, as sh~ on ~a pla~
enti~ed ~lf V~ew H~b~ 3~ Se~on, ~2y of Bo~n Bea~,
FlorSda, a~o~g ~o ~. plat ~eraof reco~ ~ PIA~ ~k 20
N.2-21'36"W., ~onq ~a ess2 l~e of .a~d ~cg 4, a dis=~ce of
104.29 fee= =o ~e Po~= ~g of ~e rtgh~ of ~y to ~
herein da.cr~edt ~ce ~ue No~erly, along ~e ~e
c~e. a d~s=ance of 92.69 fee= ~o a po~n= of ~g~ of ~
~e concave 2o ~e No~ve~ having a can=re1 angle of 88
15'44~ and a ~dtus of 15 featg ~enca Sou~erly and Westerly
along ~e arc of said c~e, a dis=~ce of 23.11 fee= =o a po~n=
of reverse ~atura~ ~ce westerly, Sou~erly and Easterly,
along ~e a~c of a c~e con.ye ~o ~e Ess2 hav~g a canna1
~gle of 197'43,52. and a radi~ of 40 fee=, a distance of 138.04
fear ~o ~a Pein= of Beg~q aforedes~lbed.
~d less and no2 lnclu~ng:
A parcel of land lying ~ ~cg 4 of ~e Pla= of Golf View
Harbou= 3rd Section, Ci~ of ~lray Bea~, Palm Beach ~=y,
· lortda, as said plat ia reco~ed ~ Pla~ Book 30 a= pages 119
~d 120 of ~e ~l~c Records of Pall B~ Co~, Florida, said
parco1 bm~ ~ore Pa~i~arly descried as follows:
Begin at ~e Sou~aast co~ of said ~ac= 4~ ~ence N.2°
2~'36"W., on a plat bearing, ~ong ~e East line of said Tract 4,
a distance of 104.29 feet ~o ~ in~rse~ton wi~ a ~e concave
to ~e No~, sa~d ~e berg a ~l~e-sac as re~rded ~
Official Record Book 2584, at pages 479 ~d 480 of ~e ~l~c
ReceSs of Pale ~ach Co~, Florida, a ~dial line fr~ said
inflection bearing ~.2~ 49,.44~W.I ~ence Westerly along ~e
right of way of said ~l~e-Mc ~d alo~ s~id cu~e, hav~g a
radius of 40.00 fast, a c~=nl angle of 29'03'12-, a~d ~ a~
len~ of 20.28 fee= to an ~tars~t~on vi~ a l~ne being 20.'00
feet Wes~ of, as measured a~ ~qht ~ql~, ~d parallel w~ ~o
said ~s~ l~ne of ~a~ 4~ ~ence S.2°21'~6.E., ~ong said
parallel l~e, a ~s=anca of 10R.56 fee= =Ooan intersection w~
~e Sou~ l~e of sa!d Tra~ 4; ~ence N.87 38'24"E., along sa~d
Sou~ line, a dis=ante of 20.00 fee~ =o ~e said Sou~eas= co.er
of ~ 4 and =ho Pein= of B~inninq.
Glinski, Bonnie
From: Lamanna, Rosemarie
Sent: Wednesday, May 21,2003 7:41 AM
To: Glinski, Bonnie
Subject: FW: Alhambra Square North - Amending Declaration of Covenants for Medical Arts Pro,
..... Original Message .....
From: Rumpf, Michael
Sent: Tuesday, May 20, 2003 5:49 PM
To: Lamanna, Rosemade
Subject: Alhambra Square North - Amending Declaration of Covenants for Medical Arts Pro.
It's 5:30 and I've completed the request form. Will have it walked around quickly in the a.m. for approval. If no problems,
you'll have it early in the morning.
I would title the item "Support for Amending the Declaration of Covenants and Restriotion for Alhambra Square allow
existing buffer hedge at Medical Arts Professional Center project to remain oonsistent with new position of Boynton
Leisureville Community Assooiation, Inc.". A bit lengthy but I think Kurt and Commission prefer the explanation built in.
Mike
Glinski, Bonnie
From: Lamanna, Rosemarie
Sent: Tuesday, May 20, 2003 10:14 AM
ro: Glinski, Bonnie
The Resolution will be unde[ consent and should read: Authorization and consent to amendment to the Declaration of
Covenants and Restrictions for Alhambra Sqaure North - Medical Arts Professional Center.
CERTIFICATIQN BY BOYNT~N.LBSUREV?_L.LE
COMMI=INITY ASSOClATIDNj INC.
KNOW ALL MEN BY THESE PRESENTS:
- A. The unciarsigned, BOYNTQN LEISUREViI.L~ COMMUNITY
ASSOCIATION. INC. (tn= 'A.,~saciatlon'3, is lhe gave. ming alisociatior3 of the real
property which is acljacent to Alhambra ,.~lUm'e North, as is more ParticuLarly
forth in that certain Declaration of Covenants and R-_strictions for Alha~'tbra
Square dat~l May 7, 1991 anti recor~lecl in OtTicial Record Book 6895, page
1431 of the Public Re. cords of Palm BaarJ~ CounN, Rorida (the "Declaration'1.
El. The Dm:taration carrtaina..' therein certain constru~ion artcl aeveiopment
c, ondRio.r.r~ anti- requJ~'ement$ concerning the folla~,ving described real' 15rnperty
referred to in sucJ't Daclaratjon as Alhambra Sqt.~ra No'th:
A 13ar~,l of lanct in Section 3'2, Tow~s~p 45 South, Eange 43
City ~ 8oynton Beach. Flodda, Pa~rn Beac~ County. more
particularly described as fatlaws:
The Eas~ 480 fe~t of the We. st ,510 f~et af the North 380 f.eet of the
Sou~ 420 feet af the Northwest % of Section 32., Township 45
South, Range 43 East, City of aoynton 8each, County cE Palm
Beach, Florida, less anti except lartds clescribea in Of'~cial
Book 5402, page 670.
(the 'Property')
C. Hematology Oncotogy Associates Properties, Inc. ('HOAP') is the owner
of and abou{ tn develop the Property, al'id.has been coo~'clinatJng its c=3nstruction
and clev~lopmenl with the Association. and the Association has r~viewed the site
plan aha other documents submit, ted t~ the City of Elcryr~on Elea~h for a bugdlng
~ermit to build a 42.82.4 SCluare fao[. single story offi¢~ buil~ling on the P~ope~y.
NOW THEREFORE, tn assist Hmmatalag7 Once, logy
Properties. inc.. their successors and/or assigns in obtaining a building perlTtit for
Ihe Property, the As~ciation ~ereby c. ertffies tllat at. the present time, and based
upon t~a construction plans which it ha~ reviewed for ~ha Property. a,,'ld its
communications with the builder for HOAP, the Association [s satisfieci ~at:
1. The building an Lhe Property will not exceed two (2) s~ries in
height.
1. Sotisfactory arran{laments hawe been mac[e. ~o locate all clumpsters
away fr~m the aajacent residential areas.
$.~ A six (6) foot zc~ning I~undm'y wall will be constructed on the
Property, and the construction has been coordlt~ted with ttm Association.
However, rather than ~meve ~ existing buffer hedge in ac~_~e~'.dartc, e with '[he
terms of the Oeclara[iort, the Association has requested that HOAP leave the
ex~sting buffer hedge in place, and herel~ waives the requirement to remove
such hedge anti rapla~a it witrt sod ariel landscaping, es is otherwise sat fortlq in
the Declaration. HOAP has agreed to ac=ommodate the AsSociation in
requesL provided it can obtain the certsent and approval of the City of Boynton
Beach in connection therewith,
4. The desi{ln ant3 plans 1'or inslallatl,',n of rrm lighting in the parking
areas is sue, lq that [twill noi rmir~. ~tec~ into the adjar.~nt residentia~ ams.
The pu~ose of this Certification i6 to evi~lance that HQAP, as developer of
the Property, has r..~3ps~te~l with end hl~ ccerdinated its corurtru~;tion efforts
with t.he As~ciation, such that if. appears that all of the conditions and
requirements of the-Der. Jar'arian ~aan:rmg constru~on on Me Property have
been or are being satJ~lecl. Notrting rmmln shall be cleernecl to waive such
raquiremerff$ in corm&etlon with [he actual construction ta be performed on the
Property. in the fu~. re, with the ex~eptign that the Assg~ia~ign claes rlot wish for
the existing I~uffer her~ge to be removed.
Witnesses: Beynlon Leisureville Comrnt.~ity
Assodaflork Inc., a FIoHcla not for profit
corporation
S~~,',r
STATE OF FLORIDA
COUNTY OF PALM BEACH
C~ ~~f~egoing insth, a'nent was ar-.k'nc~edged befor~ me this af
~02, by SYLVIA HUHMAN, a& Preaiclent an~ Director of Boynt~n
Leisur~ Community Assoc~T, ion, inc., who
-/.
I/' is personally known to me OR
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produced ! as iclentific~tion.
Notary Public
My Commission Expires:. ~ o ~
~,,~' ~ - . ...~
$-lJlemC~.Su'lmnOOCUl~l. tTCarunc'a~nel. C ~.Gim
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