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RESOLUTION R04-
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, CONSENTING TO THE AMENDMENT TO
THE DECLARATION OF COVENANTS AND
RESTRICTIONS FOR ALHAMBRA SQUARE
ALLOWING FOR THE PARTIAL RELEASE OF
COVENANTS THAT REMOVES THE USE
RESTRICTION TO AN ACLF, AS A REREQUISITE TO
FINAL APPROVLA OF THE VENETIAN VILLAS SITE
PLAN; 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
tnd Restrictions for Alhambra Square was recorded in connection with a court-approved,
.989 Stipulation and Settlement Agreement between the City of Boynton Beach and the
vlilnor Corporation; and
WHEREAS, the Stipulation and Settlement Agreement, in part, specified certain site
mprovements and design requirements, and most significantly, in accordance with Article
II, Section C95), restricts the use of the property as an ACLF; and
WHEREAS, a subsequent court order authorized the city's review of an alternative
[evelopment plan, with the requirement that if approved by the city, the court would be
tetitioned for amendment of the original settlement agreement to remove the ACLF use
estriction; and
WHEREAS, the alternative plan, called the "Venetian Villas" consists of 50 fee
imple townhomes and related site improvements, and was approved by the City Commission
,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
tmend the settlement stipulation accordingly; and
WHEREAS, the plan complied with most site requirements, however, the amended
¢leclaration includes limitations and requirements to ensure resolution of selected issues
indicated in the original agreement, or endorsed by adjacent homeowners. The conditions
ncluded in the amendment are attached as Exhibit "B" and will supplement the site plan
:onditions of approval, except where they are construed to supercede conditions $43, #44,
P47, and #48. All other conditions of approval included in the Development Order will
'emain applicable; and
WHEREAS, due to the connection between the approved site plan and the court
)rder or amendment, any subsequent changes to the approved site plan, whether minor or
najor, may require court approval.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
rilE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and
~ereby ratified and confirmed by the City Commission
Section 2. The City of Boynton Beach, by and through its City Commission,
:onsents to the Amendment of the Declaration of Covenants and Restrictions for Alhambra
;quare, attached and incorporated herein, that allows for the partial release of covenants that
'emoves the use restriction to an ACLF, as a prerequisite to final approval of the Venetian
Villas site plan.
l:\CA\RESOXAIhambra - Amend to Declaration - Venetian Villas.doc
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Section 3. The City Manager is authorized to execute the Amendment to
Declaration of Covenants and Restrictions for Alhambra Square, thereby conveying the
:onsent of the City of Boynton Beach to the Amendment.
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this (,~ day of July, 2004.
ATTEST:
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
ayor//
Vice May~
CommS~oner
l:\CA\RESO~a, lhambra - Amend to Declaration - Venetian Villas.doc
IZ:4OP~
FROivl--B R ¥ & M, P.A.
+3053~36038
%47'6
P.002/011 F-201
P, oq-
This document has been prepared by
and when recorded return TO:
Shamira Klein, £sq.
Berman Rermett Vogel & Mandlec, P.A.
100 Soutbeas[ Second Street, Suite 2900
Miami, Florida 33131
Phone: 305/$ 7%4177
AMENDMENT OF DECLARATION OF COVENANTS AND RESTRICTIONS FOR
ALHAMBRA SQUARE
THIS AMENDMENT OF DECLARATION OF COVENANTS AND KESTRICTIONS
FOR ALHAMBRA SQUARE (this "Amendment") is entered into as of the __ day of
,2004 by and between THE CITY OF BOYNTON BEACH (the ~'City"), RSPB, LLC,
a Florida limited liability comtmny, AMERICAN KETIREMI~NT CORPORATION ("ARC"), and
GOLFVIEW HARBOUR ESIATES HOMEOWNERS ASSOCIATION, INC., and GOLFVIEW
HARBOUR ESTATES, INC. (collectively, the "Governing Associations").
RECITALS
WHEREAS, as a exmdifion of that certain Stipulation and Settlement Agreement with the
City, dated October 31, 1989 and entered in the Circuit Court of the 15~ Judicial Circuit in and for
Palm Beach County, Florida under Case No. 89-6178-AN (the "Stipulation Agreement"), Milnor
corporation, a Florida corporation CMilnor') 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
Al~._.~_hra Square, (the "Declaration") recorded on luly 18, 1991 in Official Records Book 6895 at
Page 1431 in the Public Records of Palm Beach County, Florida, to knpose certain developmental
limitations upon the use of the parcels of land located in Palm 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 ro Michael and _~'fiean Retirement Corporation ("ARC") is a successor in interest lo
M/lnor.
WHEREAS, the City, the Governing Associations, ARC and RSPB are the sole benefited
parties to the parcel descn'bed on Exhibit "A" attached hereto and are therefore the only parties
required to join in this partial release of the covenants, restrictions, conditions, terms, provixions,
fights and obligations created and arising in that certain Declaration.
WHEREAS, Exhibit "A" is wholly contained within the Alhambra Sqtmre South and the
Alhambra Square ACLF parcels.
06-09-2004 12:40PM FROM-B ~ V & ~, P.A. +3053r36036 %4?6 P.003/011 F-201
WHEREAS, the City, the Governing Associations, ARC and RSPB des'ire to partially release
the covenants, restrictions, conditions, terms, provisions, rights and obligations created and afis~ 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 developmem of
50 town home units onthe Property, which plan is prepared by CW Associates and dated December
2, 2003.
WHEREAS, the City, the Governing Associations, ARC and RSPB desire to partially release
the covenants, restrictions, conditions, terms, provisions, rights and obligations created and arising in
that certain Declaration as they relate to the Property.
WITNESSETIt
NOW, T!:!__EREFORE. for good and valuab~ consideration, the receipt ~nd sufficiency of
which are hereby acknowledged, the undersigned agree as follows:
1. The above recitals are tree and correct and incorporated herein by this reference;
2. Article III, Section C(5) of the Declaration is hereby released, terminated and of no
further force or effect as to the Property, effective as of the date of the recording of this Amendmem.
Further, all reference to restricting the property described in Exhibit aA" hereto to an Aduk
Congregmc Living Facility ("ACLF") are hereby released and deleted in their entirely and, fromthe
date of recording of this Amendment, shall not be a restriction on that certain property descn'bed in
Exhibit "A" hereto.
3. As a condition to the release described above, the owner of the Property and/or ks
successors in interest hereby agree that the development of the Property shall be in confommnee with
the limitations and reqttirements set forth on Exhibit "B' hereto.
4. This Amendnmnt constitutes the entire agreement between the parties relating to the
subject matter hereof and may not be amended, waived or discharged, except by hsmanem in writing
ezecmed by the partie~ hereto. ,
5_ This Ame~dmem shall be governed by and construed in accoraance with the laws of
the State of Florida.
6. This Amendment may be executed in any number ofcotmterpm~ each ofwhich shall
be deemed an original, but all of which together, shall constitute but one in.mument.
7. This Amendment is for the benefit of the parties hereto and may not be amended or
modified without the consem of the Governing Associations.
P.A. +30§3?36036 T-4T6 P.O04/Oll F-201
8. In the event construction of the development on the Property in accordance with the
Site Plan is not commenced within one (1) year from the date of recording of this Amenclme. ut, this
Amendmem will terminate and be of no further force or effect.
[Signature Pages to Follow.]
QG-Og-ZO04 .I~:41PM FRO~B R V & ~, P.A. +9059?36036 %4?6 P.006/011 F-~01
IN WITNESS WHEREOF, this Amendmem is executed as of the date first written above by each of
the par~ies hereto.
WITNESSES/ATTESTATION:
Print Name:
GOLFVIEW HAltBOUR ESTATES
HOMEOWNERS ASSOCIATION, INC
STATE OF FLORIDA
COUNTY OF PALM BEACH
.~ay The foregoing instrument was ac~knowledged before me in the County and State aforesaid this
of ../"~,o~ ,2004by '~rJt~,_-eff S. Ph:l/OaP{'7._ , who is person~y known m me or
has produced ff /~ d/','~e& [,'c ~ , as identification.
Print Name
My Comnfission Expkes:
>c:~;;;:_,,. Carol A. Crowel
,--'.~.':-T ?~..~.Q,~. ?-, Commission #DD ! 73101
~t~.. \~5~- Expires: Jan 18, 2007
" ....... ' Atlant:c Bomlmg Co. lng'
0~-09-~04 .lZ:41P~ F~O~-B R V & ~, P.A. +~05~?~60~ T-4T~ P.OOT/Oll F-Z~I
~ WITNESS WHEREOF, thi~ Amendment i~ executed a~ of the date firs~ wriu~n above by each of
the parties hereto.
WITNESSES/ATTESTATION:
GOLFVIEW HARBOUR ESTATES, INC.
Print Name: '_ _
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was ae~owledged before me in the County and State aforesaid this
]j~_ day of ~0d~ ....... ,2004 by ~ E~'-a~IE/~ ~ ~ , w.h_o isj~r~nally known to m.e
or has produced' _ ' , as identification, "' '
l~lO~ublic-sta~e Of Florid~
Print Name
My Commission Expires:
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)2:41P~ FRO~-B R V & ~, P.A.
F-ZO1
F-407
i~N WITN~S2 WHEREOF, this Amendmel~t is executed as ofthe da~ ftrst wlit~ell above by each
the panics h~retn.
I~SPB, L.L.C.
STATE OP' FLOKIDA
COUNTY OF PALM BEACH
· ,_ Tl~ for~$oi~g instrument was ~wle~ ~fom ~ m ~ ~ ~ $~e ff~ms~d ~s
[~&~yof ~~ ,2~4by ~,[ ~r~;~~, who~~y~o~ome
~ ....... ~ ~ ~ of Flonda
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;. ~_~g~..~ My CommissionExp~es:
06~09-~004 12:41P~ FRO~B R V & ~, P.A. +3053735036 T-476 P.009/011 F-201
IN WITNESS WHEREOF, this Amendment is executed as of the date first written above by each of
the parties hereto.
WITNESSES/ATTESTATION:
AMERICAN RETIREMENT CORPORATION
Ely:
Print Name:
Title:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged b~fore me in the Courtly and State aforesaid this
0 ~-'
~___,qdayof ~ ,20 4by ~ .~ ~_~ who ~s personally known to me
or ha~ produced <::~/~--r,,--.~,,. ~ ~-. as identification.
Notary ~ublic-g~'aNae o~F4ed4~'-' ! .......
riniNaii
My Commission Expires:
[ No~' Puree, W~lam~n CO,.TN |
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FRO~B R V & ~4. P.A.
+3053T38036
T-476 P.OlO/Oll F-ZO1
119, Public Records of Palm Beach County, ~; thenee North
2°21~36" West, along the East line of said Tract 4, a dlstance of 104.29
feet to the Point of Beginning of the Right of Way to be herein described;
~ cotrcinue Northerly, along the sane course, a distanoe of 92.69
feet to a point of tangen~ efa curve concave to the Northwest I~aving a
central angle ~ 88~15'44" an~ a radius of ~5 feet; t~ence Southerly ~
Westerty along the arc of said curve, a d~ance of 23.1Z feet to a point
of reverse curvature; thence Westerly, Southerb/and Easterty, along the
arc of a curve concave to the Fast having a central angle of 197e43'52"
anti a radlus of 40 feet, a ~tance of 138.04 feet ~ ~ ~t ~
Begin at the So~ c~rner of said Tract 4; thence North 2021'36"
West, on a Plat bearing, along ~ East line of saki Tract '~, a dista~tce of
~04.29 feet to an in~enaa:tion with a curve concave to the North, said
curve being a cul-de-sac as regzxded in Official Records Book 2.584, at
a radial line f'ronl said Intersection bearing North 2J.°49'~q" West; ~
Westerly along the right of way of sal~l cul-de-sac and along said curve,
having a radius of 40.00 feet, a central angle o1' 29°03'12", and an arc
lengtt~ of 2O.28 feet to an intersection wtl~ a IJne being 20.00 feet West
Tract 4; thence South 2021'36" ~ along said parallel line, a distance
of 102.56 feet to an inl~sect~ with the South Bne of said Tract 4;
thence North 87038'24' East, along said South line, a distance of 20.00
feet to tl~ saKI Southeast o0mer of Trac~ 4 and the Point of Beg~nning.
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FRO~B R V & ~, P.A. +30537380~6 T-476 P.011/011 F-ZO1
10.
The light poles on the east side of the site located adjacent 1o the cul-de-sac for 13~ Street
shall be reduoexl lo the minimum height required to meet the City of Boynton Beach Code
provided that such height and location r~ets the appropriate foot candle requlmments.
The south wall shall be a six foot high continuous coated aluminum bar fence with
concrete colttmns and with no gates or openings to the ~._na__! area to the south of such
fence. Upon completion of the installation of such fence, plantings will be install~l on
the exterior of&e fence m obsm~ the view of such fence from ~he South.
No co--on ~a!! occur on Sunday or legal holidays and fl~e developer further agrees
limit Saturday construction from 7:30 A.M. to 12:00 P.M.
D~velop~ will inolude in the projeot's Assooiafion doth. meats that: (i) no fieh!,g or other
water rec~ation shall be permitted in the dral_n_a_g¢ c-a_.n_a! located to the south of the
property, and (ii) the Association will maintain the fence and plantings in the Site Plan.
The developer further agrees to petition !he Drainage District in cooperation with the
Govern. _i,.g Associations to allow the cxis-fing vegelmion located withi.n, the Distri~'s
right-of-way to rumain, however, uae parties to the Declaration all understand that the
vegetation is located within Drainage Disu'ict's fight-of-way and is not under the full
contwl or authority of thc develop~r or any other party to the Declaratiou.
The developer shall pedtion Palm Beach Cotmt~ to allow a westbound lei mm lane into
the Venetian Villa proj~ts. The parties to the Dec~fion acknowledge that the petition
shall request Palm Beach County to fund and to consmict such tttm lane.
Developer will re, quest from the Palm Beach County School District that a school bus
stop be located withi~n the project.
The colors of the buildings shall be those colors con~zi~ed in the si~e plan presented to the
City Commission on Fe~ 17, 2004.
Developer shall include in the project's Association documents a prohibition from
parking on 23ra Avenue.
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
06-0g-~004 · I~:40PM F~O~-B ~ V & ~, ~.A. +$05~Z~6036 %4?6 P.005/011 F-Z01
IN WITNESS WHEREOF, this Amendment is executed as of the date first written above by each
of the parties hereto.
WITNESSES/ATTESTATION:
Print Name:
THE CITY OF BOYNTON BEACH
o _
By: . _
Print Name:
Title:
STATE OF FLORIDA
COUNTY OF PALM BEACH
P, PPROVE:D AS TO FORM:
The foregoing instrumem was acknowledged before me in the CounW and Sta~e aforesaid this
'~_o~dayof ' ~o.L .~ ,2004by _.~_.~?-¥ ~:~-t~.~.~_n", who is l3emo~ ~wr) to me or
has produced ,o ., as identification.
Prim Name
My Commission Expires:
]~,0'~ '% Lola Brain',am#
"~.. ¥.~ Expires Or,ne 9, 2008
4
The City of Boynton Beach
.luly 16, 2004
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(56:1) 742-6060
FAX: (56:1) 742-6090
e-mail: prainitoj@ci.boynton-beach.fl.us
www. boynton-beach.org
SHAMIRA KLEIN, ESQ.
BERMAN RENNERT VOGEL & MANDLER, PA
100 SOUTHEAST SECOND STREET - SUITE 2900
MIAMI FLORIDA 33131
Dear Ms. Klein,
Attached is the original Amendment of Declaration of Covenants and Restrictions for
Alhambra Square. Also included is a copy of Resolution No. R04-:L07, that was
approved by the City Commission at their meeting on .luly 6, 2004.
These documents are being returned to you for recording in the public records of Palm
Beach County. Please provide my office with a copy of the documents once they are
returned to you after recording.
Thank you.
Very truly yours,
CITY OF BOYNTON BEACH
',,..~lahet M. Prainito, CMC City Clerk
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