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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