R07-152
II
1
2 RESOLUTION NO. R07- 152.
3
4
5 A RESOLUTION OF THE CITY COMMISSION OF
6 BOYNTON BEACH, FLORIDA, APPROVING THE
7 AGREEMENT BETWEEN THE CITY OF BOYNTON
8 BEACH AND GULFSTREAM GARDENS
9 I1/GULFSTREAM GARDENS, LLC., WHICH WOULD
10 RESOLVE ANY POTENTIAL DISPUTE REGARDING
11 THE LAND USE AND ZONING DESIGNATIONS;
12 AUTHORIZING THE CITY MANAGER AND CITY
13 CLERK TO EXECUTE SAID AGREEMENT; AND
14 PROVIDING AN EFFECTIVE DATE.
15
16
17 WHEREAS, last minute negotiations between the City of Boynton Beach and the
18 Developers of Gulfstream Gardens has resulted in an Agreement being reached to resolve the
19 issue of inclusion or exclusion of the project in the CRA; and
20 WHEREAS, the proposed Agreement confirms the Developer's entitlement to Special
21 High Density land use and corresponding zoning and eliminates the need for inclusion in the
22 CRA area; and
23 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best
24 interest, health, safety and welfare of the citizens and residents of Boynton Beach to enter into
25 the Agreement with Gulfstream Gardens II/Gulfstream Gardens, LLC.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Each Whereas clause set forth above IS true and correct and
28
29 incorporated herein by this reference.
30
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
31 approves and authorizes the City Manager and City Clerk to execute the Agreement between
S:\CA\RESO\Agreements\Agmt with Gulfstream Gardens (LU zone).doc
II
the City of Boynton Beach and Gulfstream Gardens II/Gulfstream Gardens, LLC., which
2 would resolve any potential dispute regarding land use and zoning designations of the
3 property, a copy of said Agreement is attached hereto as Exhibit "A".
4
Section 3.
That this Resolution shall become effective immediately upon passage.
5
PASSED AND ADOPTED this ~ day of December, 2007.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 ATTEST:
29
30
31
32
33
34
35
36
37
38
CITY OF BOYNTON BEACH, FLORIDA
~
.-/~ //
~~
Commissioner - Marlene Ross
with Gulfstream Gardens (LU zone).doc
SETTLEMENT AGREEMENT
R07-152
This SETTLEMENT AGREEMENT is entered into this 18th day of December,
2007 between the City of Boynton Beach, Florida (hereinafter "City") and Gulfstream
Gardens II, LLC and Gulfstream Gardens, LLC, (hereinafter collectively "Gulf stream" or
"Applicant").
WHEREAS, the City has heretofore issued a development order as described
further below (i) annexing certain property (the "Annexed Property") owned by
Gulfstream into the City; (ii) establishing a Future Land Use Designation for this
Annexed Property and additional property which was already within the jurisdictional
boundaries of the City of Boynton Beach and also owned by Gulfstream (the "Additional
Property"); (iii) establishing zoning for the Annexed Property and Additional Property;
and (iv) approving a site plan for the Annexed Property and Additional Property.
WHEREAS, the Annexed Property and Additional Property is sometimes
referred to collectively as the "Property" and is described in Exhibit "A."
WHEREAS, Gulfstream, following recommendations from City Staff, the
Community Redevelopment Agency and the Planning and Development Board obtained
City Commission approval of (i) a land use designation of Special High Density
Residential ("SHDR"); (ii) zoning of Planned Unit Development ("PUD"); and (iii) a
site plan, resulting in the issuance of development order among other things, for the
Property;
WHEREAS, at the time of such approvals it was assumed that all of the Property
was, or was soon to be, within the boundaries of the Boynton Beach Community
Redevelopment Agency; and
S:\CA\AGMTS\SETTLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3).doc
- 1 -
WHEREAS, the Annexed Property described in Exhibit "B" attached hereto and
made a part hereof is not within the boundaries of the Boynton Beach Community
Redevelopment Agency; and
WHEREAS, Gulfstream detrimentally relied on a factual determination by the
City's Development Department, which assumed that all of the Property would
subsequently be incorporated into the Boynton Beach Community Redevelopment area;
and
WHEREAS, Gulfstream has substantially changed its position and incurred
extensive expense based on the information provided by the City's Development
Department and as a result of the results at the aforementioned meetings; and
WHEREAS, the City and Gulfsteam following negotiations have reached a
settlement which would resolve any potential dispute regarding the boundaries.
NOW, THEREFORE, the parties agree as follows:
1. The Applicant acknowledges that the Annexed Property described in
Exhibit "B" is not within the boundaries of the Boynton Beach
Community Redevelopment Agency, notwithstanding the land use of
SHDR and the zoning approval of PUD, granted by the City, which land
use and zoning are otherwise reserved for properties wholly within the
Boynton Beach Community Development Agency boundaries.
2. The Applicant agrees not to seek or support inclusion of the Annexed
Property described in Exhibit "B" to be within the Boynton Beach
Community Redevelopment Agency boundaries by administrative,
judicial action or otherwise.
S:\CA\AGMTS\SETTLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3).doc
- 2 -
3. The City acknowledges that the Applicant has detrimentally relied on an
error of fact made by the City and has relied in good faith on the City's
actions and in doing so has substantially changed its position and incurred
extensive expense.
4. The City further acknowledges that it is equitable estopped from
rescinding its land use ofSHDR, zoning approval ofPUD and the site plan
for the Property and the City will not initiate or support any challenge to
those approvals.
5. This Settlement shall be recorded by the City in the public records of Palm
Beach County, Florida.
IN WITNESS WHEREOF, the City and Gulfstream have duly executed this
Settlement Agreement as of the dates shown below.
.......... Yn.~
'J":" ,,~, rainito, CMS
...':tII,"~' . ,.~..,.
, y Clerk
CITY OF BOYNTON BEACH,
FLORIDA
BY._~~
Kurt Bressner
City Manager
I~
S:\CA\AGMTS\SETTLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3).doc
- 3 -
GULFSTREAM GARDENS, LLC
~(/~
'ntN ~y A. ....
II~
By:
Its:
~',,\ w:., j-.}i;,\ b--~'~
,LLC
STATE OF FLORIDA
COUNTY OF PALM BEACH
./h
~ L~he foregoing instrument was Iflfknowledgw before me this J&....... day of \\\r\ (0 (~G-E.~Z
~~0e. , 2007, by ~ Vtalf,,~ VS.f(J()k as M;w~gjn8
...MeJH..ber of Gulfstream Gardens, LLC, a Florida limited liability company, on behalf of
the~?1 leAl1'I"
~
~.
..,....:. ~~,:'=C""',"'''.~-.' ""''''',",,'' ,. "--- "7(
N c,t3..ry '.".UlliiC str.te..'t;,.fF ion..d.a.J...- ,
Judv 'I Gef)ry.~
'~''',f-,Qr. [)05371'J5
;'.l:.".!!r,:::
-.--......-.-- -... .
e of Notary Pub
_A.
Print, Type, or Stamp Commissioned Name
of Notary Public
My Commission Expir~:
~ersonally KnOW!} ~ OR Produced Identification
Type of Identification Produced
GULFSTREAM GARDENS II,
LLC
Attest: 11 ~
~.kJ.Y- . ;&Me-
C# JUmP
Print Name V.I!... Sch/)] ,'/~
By:
Its: as
Gulfstream Gar
{\')I\''' q\\......e-~ L
II,LLC
S:\CA\AGMTS\SETTLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3).doc
-4-
STATE OF FLORIDA
COUNTY OF PALM BEACH
The ~ing instrument was a~Wledg~ b~rekme this Z&~~~,L. ....
t)u (, 2007, by ({p~. 11- as g' \~[-<
Member of Gulfstream Gardens II, LLC, a Florida limited liability company, on behalf of
the Appl ,lNJT"'
;,~ ~ q'l
Print, Type, or Stamp Commissioned Name
of Notary Public
My Commission Expires:
Personally Known ~ OR Produced Identification
Type of Identification Produced
. . ~ .. .
S:\CA\AGMTS\SETTLEMENT AGREEMENT GULFSTREAM GARDEN (3) (3).doc
- 5 -
EXHIBIT "A"
Legal Description
Annexed Property and Additional Property
Parcel A
Lots 41 and 42 and Lots 54 and 55, LESS the East 300 feet of Lots 54 and 55, of
AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat thereof
as recorded in Plat Book 21, Page 73, of the public records of Palm Beach County,
Florida,
Parcel B
Lots 43,53 and 53A, of AMENDED PLAT OF TRADE WINDS ESTATES, according
to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of
Palm Beach County, Florida,
Parcel C
The East 300 feet of Lots 54 and 55, of AMENDED PLAT OF TRADE WINDS
EST A TES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of
the public records of Palm Beach County, Florida.
Parcel D
Tract I
Lot 44 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or
plat thereof as recorded in Plat Book 21, Page 73, ofthe public records of Palm Beach
County, Florida,
Tract 2
Lot 45 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or
plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach
County, Florida,
Tract 3
Lot 46 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or
plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach
County, Florida; and also the following described tract of land:
Commencing at the Southeast comer of Lot 47 of AMENDED PLAT OF TRADE
WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21,
Page 73, of the public records of Palm Beach County, Florida, run Northerly along the
East line of said Lot 47, a distance of 15 feet to the POINT OF BEGINNING; from the
POINT OF BEGINNING, thence run Easterly parallel to the North line of Lot 51 of said
AMENDED PLAT OF TRADE WINDS ESTATES, a distance of 100 feet to a point;
thence run Southerly, parallel to the East line of said Lot 47, a distance of 15 feet to a
point in the North line of said Lot 51; thence run Easterly along the North line of the said
Tract 51, a distance of 186.77 feet to a point; thence run Northerly, at an angle of 107 deg
37' (turned from West to North) with the North line of said Lot 51, a distance of200 feet
to a point; thence run Westerly, parallel with the North line of said Lot 51, a distance of
316 .39 feet to the Northeast comer of Lot 46 of said of AMENDED PLAT OF TRADE
WINDS ESTATES; thence run Southerly, a distance of 177.70 feet to the POINT OF
BEGINNING.
AND
The South 200 feet (as measured along the East line) of the West 150 feet (as measured
along the South line) of the East 167.83 feet (as measured along the South line) of Tract
A, of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or plat
thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach
County, Florida,
AND
Start at the Southwest comer of Lot 52 of AMENDED PLAT OF TRADE WINDS
ESTATES, according to the map or plat thereof as recorded in Plat Book 21, Page 73, of
the public records of Palm Beach County, Florida; thence run Easterly 484.20 feet to the
West right-of-way line ofV.S. Highway No.1; thence Southerly 100 feet along said
West right-of-way line; thence Westerly parallel to the North boundary above described
to the Northeast comer of Lot 46 of AMENDED PLAT OF TRADE WINDS ESTATES;
thence Northerly 96.43 feet to the POINT OF BEGINNING.
Tract 4
Lot 47 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or
plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach
County, Florida.
Tract 5
Lots 48,49,50 and 51 of AMENDED PLAT OF TRADE WINDS ESTATES, according
to the map or plat thereof as recorded in Plat Book 21, Page 73, of the public records of
Palm Beach County, Florida; together with the following described parcel:
Commence at the Southeast comer of Lot 47 of of AMENDED PLAT OF TRADE
WINDS ESTATES, according to the map or plat thereof as recorded in Plat Book 21,
Page 73, ofthe public records of Palm Beach County, Florida, for a POINT OF
2
BEGINNING; thence East along the North line of said of AMENDED PLAT OF
TRADE WINDS ESTATES, a distance of 100 feet to a point; thence Northeasterly,
along a line parallel to the Easterly line of Lot 47 of said of AMENDED PLAT OF
TRADE WINDS ESTATES, a distance of 15 feet to a point; thence West, on a line
parallel to the North line of Lot 51 of said of AMENDED PLAT OF TRADE WINDS
ESTATES, a distance of 100 feet, more or less, to a point on the Easterly line of Lot 47;
thence Southerly along the East line of Lot 47, a distance of 15 feet, more or less, to the
POINT OF BEGINNING.
LESS AND EXCEPT the South 1.00 foot of Lots 49 and 50 of AMENDED PLAT OF
TRADE WINDS ESTATES, according to the map or plat thereof as recorded in Plat
Book 21, Page 73, of the public records of Palm Beach County, Florida.
Tract 6
Lot 52 of AMENDED PLAT OF TRADE WINDS ESTATES, according to the map or
plat thereof as recorded in Plat Book 21, Page 73, of the public records of Palm Beach
County, Florida.
NOW KNOWN AS:
All of the plat of Gulfstream Gardens, according to the map or plat thereof as recorded in
Plat Book 107, Page 175, Public Records of Palm Beach County, Florida
348000-24 Legal Description (Exhibit A to Settlement Agreement)(1-7-08).doc
3
EXHIBIT B
The annexed property is described as follows:
Commence at the Southeast corner of Tract 47 as shown on the amended
Plat of "Trade Winds Estates" as recorded in Plat Book 21, Page 73 of the
Public Records ofPalmu BeaGh County, Florida, for a point-of beginning~
thence East along the North line of said "Trade Winds Estates", a distance of
100 feet to a point; thence Northeasterly along a line parallel to the Easterly
line of Tract 47 of said "Trade Winds Estates" a distance of 15 feet to a
point; thence West on a line parallel to the North line of Tract 51 of said
"Trade Winds Estates, a distance of 100 feet, more or less, to a point on the
Easterly line of Tract 47; thence southerly along the East line of Tract 47, a
distance of 15 feet, more or less, to the point of beginning.
Start at the Southwest corner of Lot 52, "Trade Winds Estates", Palm Beach
County, Florida, according to the Plat thereof on file in the Office of the
Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded
in Plat Book 21, Page 73; thence run Easterly 484.20 feet to the West right-
of-way line of D.S, Highway No.1; thence Southerly 100 feet along said
West right-of-way line; thence Westerly parallel to the North boundary
above described to the Northeast corner of Lot 46, "Trade Winds Estates";
thence Northerly 96.43 feet to the point of beginning, Said lands situate,
lying and being in Palm Beach County, Florida,
Tract 46~ Trade Winds Estates; a subdivision in Palm Beach County, Florida,
according to the Plat thereof recorded in the Office of the Clerk of the
Circuit Court in and for Palm Beach County, Florida, in Plat Book 21, Page
73, and also the following described Tract of land: commencing at the
Southeast corner of Tract 47, as shown on the Plat of "Trade Winds Estates"
Plat Book 21, Page 73, Palm Beach County Public Records run Northerly
along the East line of said Tract 47, a distance of 15 feet to the point of
beginning; from the point of beginning, thence run Easterly parallel to the
North line of Tract 51 of the said "Trade Wind Estates", A distance of 100
feet, to a point; thence nm Southerly, parallel to the East line of the said
Tract 47, a distance of 15 feet, to a point in the North line of the said Tract
51; thence nm easterly along the North line of the said Tract 51, a distance
of 186.77 feet to a point; thence run Northerly, at an angle of 107037'
(turned from west to North) with the North line of the said Tract 51, a
distance of 200 feet, to a point; thence run Westerly, parallel with the North
line of the said Tract 51, a distance of 316,39 feet to the Northeast corner of
Tract 46 of the said "Trade Winds Estates; thence run Southerly a distance
of 177,70 feet to the point of beginning,
Lot 52, amended Plat of "Trade Winds Estates", according to the Plat
thereof on file in the Office of the Clerk of the Circuit Court in and for Palm
BeachCoun~,Florida,urecorded in Plat Book 21,Page-73; said lands
situate lying and being in Palm Beach County, Florida.
Lots 43, 53, 53A amended Plat of "Trade Winds Estates", a subdivision in
Palm Beach County, Florida according to the Plat thereof on file in the
Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida, in Plat Book 21, Page 73.
The East 300 feet of Lots 54 and 55, amended Plat of "Trade Winds
Estates", Palm Beach County, Florida according to the Plat recorded in the
Office of the Clerk of the Circuit Court in and for Palm Beach County,
Florida thereof, in Plat Book 21, Page 73, subject to the existing right-of-
way ofU,S, Highway #1, together with improvements located thereon.
L Sf;e- G Ke-....-Ui T~~\ F 0 lLo to S ]
S:\Planning\SHARED\WP\PROJECTS\Gulfstream Gardens\GULFSTREAM GARDENS Annexed
Properties Legal Description.doc
GULFSTREAM GARDENS PHASES I AND II
eRA BOUNDARIES
,
!
I
!
/-------.--------.".-...---..-)--.--
I I
: I
I '
, '
I I
I J
L.-----...-.....---------.---..---r--..------j
I f I {
f / I j
J f t I
i
I
!
,
,
f
!
PHA~E II
i
,
,
,
,
/
I
,
i
I
!
,
I
!
!
,
PHASE I
I
. >-
~
:r
C9
-
:r
UJ
8
a
a
-J
o
2
,
,
;
,
,
I
f
f
,---.,4
//
// I
/ ,
--_/ !
,
I
i
;- '-',,--1
I I
I I
L --.----..J
I
I
i
I
i
-.--,----(
'-----i
I
/
i
egend
Within CRA
Recently Annexed / Not in c~1
I
.
140
70
o
140 280
1""'"\"",.- _
I
i
/
I
..-...-......---.......---..,-.-.- ---i
/
i
I
/
I
I
I
I
/
I
i
i
I
l-
I
I
i
I
F-__.,
i
i
t---
/
I
I
/
/
i
I
I
I
F---
I -
/
/
).... /
~ r---.- '- --,-
if /i...-.._
~ Ilf'.,-.
'""'- ----~~
.....J /
~ /
lLJ /
o /
If !------- ----
/ ---, -'----
/--....-..--. ---..------
i
I
I
I
I
!
J.----.--------.-----.---
/
/
I
/
/-----.....--......--------
I
I
/
/-----.-----.-'---...-'...-.-
I
I
I
I
!
,
420
560 5
I Feet
The Clark House
102 North Swinton Avenue
Delray Beach, FL 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: mweiner@zonelaw.com
./'
l/.D
,/ld'07
"\ .
Ly,......-~. ".
1.':",'\',,-, v.;. \......-
e. \\/ (\ ~lt-
". "
tt ~_ 1.: '. ,!, ~.
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
~~~
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
January 14, 2008
Via Hand Deliverv
Mr. Kurt Bressner
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
Re: Settlement Agreement; Gulfstream Gardens
Our File No.: LOC0004
Dear Kurt:
Enclosed is the oriqinal Settlement Agreement ("Agreement") with exhibits.
If you remember, the exhibits to the Agreement when given to us for execution were not
correct. We have substituted what we believe are the correct legal descriptions.
We )Jnderstand that this Agreement is to be recorded. Please let us know when this
occurs s.9~hat we may obtain a certified copy from the public records.
~e~Ytr\l\ \~urs,/.
. ~\ \ \J ~\," /'
/ Mi ~a'e.1 S./Werner
;/ M W:M/
/
Enclosure
Cc: Mr. Preston Cocky, Esquire (w/enclosure)
Mr. Rick Lococo (w/enclosure)
O\LOC0004\Letter to Kurt BressnerJanuary 14. 200S.doc