R92-210RESOLUTION NO. R92-~/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR, CITY
~NAGER AND CITY CLERK TO EXECUTE A
STIPULATED SETTLEMEAWf AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND GARY
LEHNERTZ, CASE NO. 0309 GM~ ATTACHED AS
EXHIBIT "A"; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on or about May 15, 1990, and pursuant to Section
163.3184(10) and Section 403.412(5), Florida Statutes, Gary
Lehnertz filed a Petition for Intervention in the administrative
proceeding; an~
WHEREAS, an amicable agreement has been reached between
Inter~enor (Leh~ertz) and the City of Boynton Beach regarding
issues involwing theadministrative proceeding.
NOW, THEREFORE, BE IT RESOLVED ~Y THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT.
Section i. The City Commission of the City of Boynton
Beach, Florida hereby authorizes and directs the Mayor, City
Manager and City Clerk to execute the Stipulated Settlement
Agreement attached hereto as Exhibit "A" between the City of
Boynton Beach and GarY Lehnertz.
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED ~ND ADOPTED this / day of December, 1992.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Commi
Auth~ig. WP5
DCZ~: Lehnertz
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COM)gJNITY AFFAIRS,
Petitioner,
and
GARY LEHNERTZ,
Intervenor,
vs.
CITY OF BOYNTON BEACH,
Respondent.
CASE NO.
90-0309GM
STIPULATED SETTLEMENT AGREEMENT
DAT~u NOVEMBER 1992
COMICs NOW, the Respondent, CITY OF BOYNTON BEACH, FLORIDA, a
Florida municipal corporation (CITY) and GARY LEHNERTZ, an
individual, (LEHNERTZ) and hereby stipulate and agree as follows:
1. On or about May 15, 1990, and pursuant to Section
163.3184(10) and Section 403.412(5) of the Florida Statutes, GARY
LEHNERTZ filed a Petition for Intervention in the administrative
proceeding. Subsequent to the filing of the Intervenor,s
Petition, the parties to this agreement have engaged in
meaningful and purposeful discussions resulting in an amicable
resolution of the issues that existed.
2. On or about July 12, 1990 a formal Stipulated
Settlement Agreement was entered into between the DEPARTMENT and
Page 1 of 4
the CITY with respect to the comprehensive plan as prepared and
filed by the CITY.
3. In accordance
Stipulated Settlement
with the terms and previsions of the
Agreement full compliance with the
agreement was estimated to take approximately ten (10) months.
Accordingly, the DEPARTMENT moved for an or~er abating the
administrative proceedings so as to allow the CITY sufficient
time to. fully comply with the terms of the agreement.
4. The CITY has fully complied with all applicable terms
of the Stipulated Settlement Agreement entered into between the
DEPARTMENT and the CITY.
5. In accordance with an agreement reached between the
Intervenor and the CITY, the CITY agrees that the berm to be
constructed by the developers of the residential development
known as Tradewinds will be vegetated with native plants in
accordance with the landscape plan submitted by the developer and
approved by the CITY. Furthermore, that the native vegetation
will be planted along the entire north side of the Tradewinds
residential development in accordance with the approved
landscaping plan.
6. This is the entire agreement between the parties hereto
and no verbal or written assurance or promises effective or
binding unless included in this document.
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subject to approval by the City-
BOYNTON BEACH at. a Public Hearing~
7, This agreement is
commission of the CITY OF
advertised and ~roperly N°ticed for a Public Hearing.
8. Nothing in this stipulation agreement shall be
construed~to re~i. ev~ an~>gf t-he part~e~..~e~et° f~om ~dhering to
the~ ~aw, ~nd. ~n the event, of a change in any statute or
administrati~9 regulation inconsistent..with this agreement, the
statute and ~regu~atign sha~l take precedent.
9. Nothing i~ this agreement shall be deemed to affect the
rights of any person under the laws other than the parties
hereto.
10. Each party shall bear its own costs including
attorney's fees and related expenses.
il. The CITY OF BOYNTON BEACH shall allow public access to
all documents, reports, papers, letters or other material,
subject to the provisions of Chapter 119 of the Florida Statutes
prepared or received by the CITY ~n conjunction with this
agreement.
12. This agreement shall become effective upon the last
date of signing by each of the parties hereto.
13. This agreement contains other terms and conditions
agreed to by the parties hereto.
14. Neither party waives nor releases any rights they may
have with respect to the enforcement of =his agreement.
Page 3 of 4
IN WITNESS WHEREOF,
agreement to be executed
authorized.
the parties hereto have caused this
by the undersigned officials as duly
Attest:
i~y Clerk
(SEAL)
Mayor
Date
CITY OF BOYNTON BEACH
y Manager
Date
INTERVENOR
DJD/j r~
7/7/92
8/7/91
10/13/92
P/BBDCA
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