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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 2 produced ! as iclentific~tion. Notary Public My Commission Expires:. ~ o ~ ~,,~' ~ - . ...~ $-lJlemC~.Su'lmnOOCUl~l. tTCarunc'a~nel. C ~.Gim 3