R21-117 1 RESOLUTION NO. R21-117
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING REQUESTED MODIFICATION TO DEVELOPMENT ORDER
5 RELATED TO RIVERWALK PLAZA PROJECT FILE MSMP 16-002 AND
6 SUBSEQUENT AMENDMENTS THERETO; AND PROVIDING AN
7 EFFECTIVE DATE.
8
9 WHEREAS, Isram Realty Management, LLC., is requesting to release Riverwalk
10 Residential, LLC., the residential property owner, from it's obligation to build a deck; and
11 WHEREAS,there will also be a confirmation from Isram Riverwalk, LLC.,the commercial
12 property owner,that they have the obligation to build the deck and the City will receive further
13 assurances through Isram Realty Management, LLC.,which will be the guarantor to ensure that
14 the deck is complete, if necessary; and
15 WHEREAS, the City Commission, upon recommendation of staff, deems it in the best
16 interest of the Citizens and residents of the City of Boynton Beach to approve the requested
17 modification to Development Order related to Riverwalk Plaza Project File MSMP 16-002 and
18 subsequent amendments thereto.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
20 BOYNTON BEACH, FLORIDA, THAT:
21 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
22 ratified and confirmed by the City Commission.
23 Section 2. The City Commission of the City of Boynton Beach hereby approves
24 requested modification to Development Order related to Riverwalk Plaza Project File MSMP
25 16-002 and subsequent amendments thereto.
26 Section 3. That this Resolution will become effective immediately upon passage.
27
S:\CA\RESO\Amending Isram Riverwalk Development Order(Deck)-Reso.Docx
PASSED AND ADOPTED this 8th day of September, 2021.
2 CITY OF BOYNTON BEACH, FLORIDA
3 YES NO
4
5
6 Mayor— Steven B. Grant ,✓
7
8 Vice Mayor—Woodrow L. Hay
9
10 Commissioner—Justin Katz ✓
11
12 Commissioner— Christina L. Romelus v
13
14 Commissioner—Ty Penserga
15
16
17 VOTE S 0
18
19
20 ATTEST:
21
22
23 L/,A J _ _
24 Cstal Gibson, MMC
25 City Clerk
26
27
28
29 (Corporate Seal)
30
•
S:\CA\RESO\Amending Isram Riverwalk Development Order(Deck)-Reso Docx
CFN 20210502960
OR BK 33012 PG 1932
RECORDED 11/01/2021 14:58:29
Palm Beach County, Florida
AMT
Joseph Abruzzo
Clerk
Pgs 1932-1940; (9Pgs)
THIS INSTRUMENT PREPARED BY
Gavin S. Banta, Esq.
Angelo & Banta, P.A.
515 East Las Olas Boulevard, Suite 850
Fort Lauderdale, Florida 33301
FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANT
THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANT (this
"Amendment") is executed, delivered and made effective as of the)1tay of October, 2021, by and among
ISRAM RIVERWALK, LLC, a Florida limited liability company ("Retail Owner"), RIVERWALK
RESIDENTIAL, LLC, a Florida limited liability company ("Residential Owner"), lsram Realty Holdings, LP,
a Delaware limited partnership ("Isram Holdings") and the City of Boynton Beach, Florida (the "City"). Retail
Owner, Residential Owner, Isram Holdings and the City may be referred to as a "Party" or collectively, the
"Parties").
RECITALS:
WHEREAS, Retail Owner entered into that certain Declaration of Restrictive Covenant dated April
27, 2018, and recorded in Official Records Book 29923, Page 0751, of the Public Records of Palm Beach,
Florida (the "Declaration") (all capitalized terms appearing in this Amendment shall have the meaning ascribed
to them in the Declaration, unless otherwise defined herein);
WHEREAS, to develop the residential portion of the Project (as defined in the Declaration) and obtain
a construction loan for the residential improvements, the Property needed to split into two parcels;
WHEREAS, the Property (as defined in the Declaration) was subject to a Unity of Title recorded in
Official Records Book 9476, Page 1131, of the Public Records of Palm Beach, Florida (the "Unity of Title");
WHEREAS, Retail Owner requested the City permit the replacement of the Unity of Title with a
Covenant Running with the Land in Lieu of Unity of Title and the City approved same under Resolution No.
R21-042;
WHEREAS, the Unity of Title was terminated by that certain Termination of Unity of Title recorded
in Official Records Book 32476, Page 1774, of the Public Records of Palm Beach, Florida, and replaced with
that certain Covenant Running with the Land in Lieu of Unity of Title recorded in in Official Records Book
32447, Page 405, of the Public Records of Palm Beach, Florida (the "Covenant in Lieu");
WHEREAS, as required by Section 2 of the Covenant in Lieu, that certain Easement, Covenants and
Restriction Agreement was recorded in Official Records Book 32485, Page 393, of the Public Records of Palm
Beach, Florida (the "REA") satisfying the requirements of the Covenant in Lieu;
{00473804.2 306-90018211
CFN 20210502960
BOOK 33012 PAGE 1933
2OF9
WHEREAS, Retail Owner has retained a portion of the Property more particularly described on
Exhibit "A" (the "Retail Parcel") and transferred a portion of the Property more particularly described on
Exhibit "B" (the "Residential Parcel") to Residential Owner;
WHEREAS, Retail Owner is the Developer under the Declaration and Residential Owner has not
assumed any obligations of Developer under the Declaration;
WHEREAS, the area for the Final Parking Contingency Plan (as used in Section 10(d) of the
Declaration) is located solely on Retail Property;
WHEREAS, Isram Holdings owns a beneficial interest in both the Retail Owner and the Residential
Owner and has agreed to guaranty the obligations of Retail Owner under Section 10(d) of the Declaration; and
WHEREAS, in furtherance of the separation of the Property into two properties, the Retail Owner, the
Residential Owner, Isram Holdings and City have agreed to enter into this Amendment clarifying and
amending certain terms of the Declaration as set forth herein and updating the Notice Section.
AGREEMENT
NOW, THEREFORE, in consideration of the premises, as set forth in the foregoing Recitals, and of
the mutual promises herein set forth, and for $10.00 and other good and valuable consideration paid, the
Parties do hereby agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are incorporated into and
made a part of the Amendment.
Section 2. Final Parking Contingency Plan. Neither the Residential Owner nor the Residential
Parcel shall have any obligation whatsoever under Section 10(d) of the Declaration, including any obligation to
build the parking lot above the Walgreens -Joann building.
Section 3. Guaranty of Developer's Obli ate ions. Isram Realty Holdings, LP hereby joins into the
Declaration to guarantee the obligations the Developer to build additional open parking pursuant to Section
10(d) of the Declaration. Isram Realty Holdings, LP shall be jointly and severally liable for all obligations of
Developer under Section 10(d) of the Declaration. The remedies of the City for a default under the Declaration
shall be pursued solely against Retail Owner and Isram Holdings (as applicable), and not the Residential
Owner or the Residential Parcel.
Section 4. Notices. Section 11 is hereby amended to add the following:
To Residential Owner:
Riverwalk Residential, LLC
3350 Virginia Street
Suite 430
Miami, Florida 33133
{00473804.2 306-9001821) - 2 -
CFN 20210502960
BOOK 33012 PAGE 1934
3OF9
With a copy to:
Angelo & Banta, P.A.
Attention: Gavin S. Banta, Esq.
515 East Las Olas Boulevard, Suite 850
Fort Lauderdale, Florida 33301
To Isram Holdings
Isram Realty Holdings, LP
506 S. Dixie Highway
Hallandale, Florida 33009
With a copy to :
Sachs Sax Caplan
61111 Broken Sound Parkway NW, Suite 200
Boca Raton, Florida 33487
Attn: Michael Weiner, Esq
Section 5. Representations. Each Party represents to the others that this Amendment has been
duly authorized, delivered and executed by such Party and constitutes the legal, valid and binding obligation of
such party, enforceable in accordance with its terms.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Signature and Acknowledgment Pages Follow
(00473804.2 306-9001821 } - 3 -
CFN 20210502960
BOOK 33012 PAGE 1935
4OF9
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first above written.
Signed, sealed and delivered in the presence of.
P �
Witness:
Print Name:
Witness:
Print Na
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
ISRAM RIVERWALK, LLC, a Florida limited
liability company
By: Isram Realty Management, LLC, a
Florida limited liability company,
Manager 1-1
By:
Shaul Rikman,
Manager
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this day of Q*
__jX& 2021, by Shaul Rikman, as Manager of ISRAM REALTY
MANAGEMENT, LLC, a Florida limited liability company, the Manager of Isram Riverwalk, LLC, a Florida
limited liability company, on behalf of and as an act of the companies. Such person is personally known to me
or has produced a �LUJVM LjCftie, as identification, and took an oath.
......La��; NICOLE J. TITZER
(Notary Seal) � MY COMMISSION # GG 343832
EXPIRES: June 11, 2023
,) '•;, of F��`` Bonded Thru Notary Public Underwriters
My commission expires (D l 1
Print Name:
uj�&fv
NOTARY PUBLIC
i
1004938042 306-90018211 - 4 -
Signed, sealed and delivered
in the presence of-
"Ll
1
Witness:
Print Name: We j • 1 s
:�ck
Witness:
Print Nat
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CFN 20210502960
BOOK 33012 PAGE 1936
50F9
RIVERWALK RESIDENTIAL, LLC,
a Florida limited liability company
By: ISRAM REALTY MANAGEMENT,
LLC, a Florida limited liability
company,
Manager
LIN
Shaul Rikman,
Manager
The foregoing instrument was acknowledged before me by means of� physical presence or
online notarization, thisday of 2021, by Shaul Rikman, as Manager of ISRAM REALTY
MANAGEMENT, LLC, a Florida limited liability company, the Manager of Riverwalk Residential, LLC, a
Florida limited liability company, on behalf of and as an act of the companies. Such person is personally
known to me or has produced a7FLDfl L1 C-i1SR_ as identification, and took an oath.
is o"•"'� NICOLE J. TITZER
MY COMMISSION # GG 343832
(Notary Seal) .'." ,T1 EXPIRES: June 11, 2023
Bonded Thru Notary Public Underwriters
My commission expires (C In
Print Name: m We vl
0410'�p
NOTARY PUBLIC
{00473804.2 306-90018211 - 5-
Signed, sealed and delivered
in the presence of,
i
Witness:
Print Name: Pft3 V,—Ztk
Witness:----V/0�"'
Print Name:
1
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
CFN 20210502960
BOOK 33012 PAGE 1937
6OF9
ISRAM REALTY HOLDINGS, LP, a Delaware
limited partnership
By: ISRAM REALTY MANAGEMENT,
LLC, a Florida limited liability
company,
Manager
Shaul Rikman,
Manager
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this 24+t' day of OCiOX 2021, by Shaul Rikman, as Manager of ISRAM REALTY
MANAGEMENT, LLC, a Florida limited liability company, the General Partner of ISRAM REALTY
HOLDINGS, LP, a Delaware limited partnership, on behalf of and as an act of the companies. Such person is
personally known to me or has produced a T LDii LI R'_ as identification, and took an oath.
NICOLE J. TITZER
c. MY COMMISSION # GG 343832
(Notary Sea]) `.;;� EXPIRES: June 11, 2023 NOTARY PUBLIC
Bonded Thru Nota Public Underwriters
Notary
My commission expires
Print Name:
t00473804.2 306-9001821) - 6 -
Signed, sealed and delivered
in the presence of:
lin
Witness:s ,
Print Name: Tammy L. Stanzione
Witness:
Print Name: ---VOLl 1 & P, ' Z_
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
City o o t B ch
B:
Y
Name: Steven B. Grant
Title: Mayor
CFN 20210502960
BOOK 33012 PAGE 1938
7OF9
The foregoing im
nstruent was acknowledged before me by means of 9 -physical presence or ❑ online
notarization, this 20 day of October, 2021, by Steven B. Grant, as Mayor of the City of Boynton Beach, on
behalf of and as an act of the city. Such person is personally known to me or has produced a
as identification, and took an oath.
�s�vvu JENNIFER N. HANKINS
commission # HH 171559
* * Expires August 31, 2025
"r A�
a q ry Vt"8udP1t40unse .
My commission expires 015131Iz01s
Print Name: 3 c n"a t N • OZ,nklnS
[004738041306-9001821) - 7 -
EXHIBIT A
Retail Parcel
RETAII. TRACT DESCRIPTION:
CFN 20210502960
BOOK 33012 PAGE 1939
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A PARCH. OF LAND LYING WITHIN T III= PI-ATOF F RIV'EIIWALK PLAZA ASRECORDED RDED Its
PLAT BOOK 129, PAGE:140 Or THE C°I. KRENT RECORDS OF PALM BEACH COUNTY,
FLORIDA HEII G DFSC R ISED AS FOLLOWS
ALL OF THE SAID PLA] OF RIVERWALK. PLAZA I F SS 1`HI- FOLLOWING DESCRIBE
RESIDENTIAL TRACT,,
COMMENCING AT THE SOUTHWEST CORNER OF, SAID PLAT ANNI,) THE EAST R.IGI IT OF
WAY LINE OF (LS.I F101WAY 1 THENCE ENC E NR9'4I' I3"E ALONG THE SOUTH LINT" OP SAID
PLAT OF RIVERWALk PLAZA, A DISTANCE OF 4519.59 FEET TO'THE POINT Oil BEGINNING
THENCE NIXIE IS'4'7"W, A OISTAN"CE CSF 339,06I*LFJ: , TH'E,'VC°E S89'41'I3"W, A DISTANaP. OF
.45 FEI*.1°, 3 III✓N(, Fs N04�11'4I"E., A Dt-,TAI�ICL OF I?4,;51,'F;FT TO THL` I�T?CiI?;NIISCi ilT'A
5.50 FOOT RADIUS CURVE Ct: NCAVE TCT THE SOUTIIEAST, HAVING A CENTRAL ANGLE
OF 52*II013", THENC'I; ALON(J'mE ARC OF SAID C URVE, A DISTANCE OF 5,00 DEET TO A
POINT OF COMPOUND CURVATURE,CONCAVE TOT14E SOUTH, HAVING A CENTRAL
ANGU, CIT MV19' I4": THENCE ALONO THE ARC OF SAID CURVET A()ISTA NC1r OF 24.08
FEETTO THE POINT OFTANGENCY, Y, THENCE S 5I43 "E, A DISTANCE Of 116.1,3 FEET;:
THENCE SW36'04"E, A DISTANCE OI",3
9 I1 FEE- ,; 1`HEN(aF S00"261)] "L, A DISTANCE CSE
79.89 FEEL THI:'ItiS:'L NS 33'5,9'L. A DISTANCE OF 161,39 FEET,T-HENCE Sll wl947"F, A
DISTANCE OF 117 FEET; 1`14ENCE, N99`4F13"Ii, A DISTANCE OF 350i FEET MORE OR HiS
TO I HE WESTERLY RIGHT Of WAY LINE OFTHE IN'TIDEOA;S 3`AI.WATERWAY AS
RECORDED IN PLAT B K 17, PAGE 13A OF TI -18 CURRENT RECORDS OF PALM REACH
COUNTY, FLORIDA, THENCE S07 0750"M!, A D Tfi"iNCE OF 3S33 2 FEE 1, MORE OR LESS TC:
THE SOUTH LIFE OF SAID PLAT,THI`i.IrIC S99`41"I3"W, ALONG SAID SOUTH LINE, A
DISTANCE OF :135.15 FE F MORE Oil LESS TO THE POt,10 OF BEGINNING.
COI+ITAINIE G 269,727 SCII AII'I'I-I;T OR 6,17 ACRES MORE OR LESS..
(00473804.2 306-9001821} - 8
CFN 20210502960
BOOK 33012 PAGE 1940
90F9
EXHIBIT B
Residential Parcel
A, PARCEL OF LAND LYING WITHIN THE PLAT OF RIVERWALK PLAZA As RECORDED IN
PLAT BOOK 129. PACE 140OFTHE CURRENT RECORDS OF PALM BEACI I COUNTY,
FI ORIDA BEING DESCRIBED AS rOLLOWS:
COMMENCING AT THE SOUTHwFsT CORNER OF SAID PLATAND THE EAST RIGHT OF
WAY LINE OF U.S.HIGHWAY I _- THENCE N89'41'13 YE ALONG THE SC LINE Ol"SAID
PLAT OF RIVERWALK I'LAZA, A DISTANCE OF 45939 FEET CO THE POINT OF BEGINININC:
THENCE N00` 18'47W. AISIS 'I'AN(F�01,"339,061,F,.ET,.'FFIENCFS89'41'13"W,ADISI 'jXNCEOV
59.45 FEET: ITIENCF 1+I(K1 1'43"E. A DISTANCE OF 12538 FEVI'TOT11F BEGINNING OF A 5,50
FOOT RADIUS CURVE. CONCAVE TO THE SOUTI [EAST. HAVING A CENTRAL ANGI..F OF 521,
08"13":T1 IENCE ALONG; THE ARC OF SAID CURVE, A DISTANCEOF 5.00 FEETTO A POINTOF
COMPOUND CURVATURE. CONCAVE TO THE SOUTH, HAVING A RADIUS Or 36,00 FEET
AND A CENTRAL ANGI T OF3,901914".'rHENCE ALONC THE ARC OF SAID CURVE, A
DISTANCE OF 24.08 FEET TO THE POINT OFTAN(;I`NCN':THENCF S85*00,42"E. A DISTANCE
OF 116.83 FEET`; 11ENCE S89'56'041:1. A DISTANCE OF 95,30 FEET; THENCE S00'26'01"E. A
DISTANCE Or 79.89 FEET. THENCE NW)413'54"E. A DIS1 ANCE OF 161,39 FEET; THENCE Soo,,
1 847"E. A DISTANCE OF 3.17 FEET: THENCE N89'41'I YE. A DISTANCE OF 3.13D0 FELT MORE
OR LESS 'F0 T1 IE WES I'ERLY RIGHT OF WAY LINE OF THE INTRACOASTAL WATERWAY AS
RECORDED IN PLAT BOOK 17, PACE 13A OFTHE CURRENT RECORDS OF PALM BEACH
COUNTY. FLORIDA-JHENCE S07'07550"W. A DISTANCE OF 383,02 FELT, MORE OR LESS TO
THE SOU I'll LINE OF SAID PLAT- THENCE S89'41'13"W. ALONG SAID SOUTH LINE, A
DISTANCE OF 335.15 rzEEr MORE OR LESS TOTHE POINTOF BEGINNING.
CONTAINING 156.856 S( )UARE FEET Oft 100 ACRES MORE OR LESS,
{00473804.2 306-9001821)