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1986.01.31_TC_Minutes_SpecialTOWN OF HIGHLAND BEACH, FLORIDA • .Minutes of Meeting of Town Commission SPECIAL MEETING Friday, January 31, 1986 10:30 A.M. A Special Meeting of the Town Commission was called to order by Mayor Edward J. Sullivan in the Town Commission Chambers at Town Hall. Also present were Vice Mayor Mary Louise G. Blosser and Town Commissioners. John J. Basso, William A. Grier and Betty Jean Stewart. Also present were Town Attorney Thomas E. Sliney; Town Manager Hugh D. Williams; Building Official Bruce Sutherland; Town Clerk Mary Ann Mariano and members of the general public. Mayor Sullivan noted that the purpose of this meeting was to review the most recent draft of the Clarification of Settlement Stipulation between the Town and Teron International, Inc. (Royal Highlands), dated 1/28/86. Present representing Teron were Lorenz Schmidt, Vice President, Stephen Moss, Attorney and Diane DuPoy, Associate. Attorney Sliney noted that subsequent to the Town Commission's last meeting regarding this item, he had met with Attorney Moss and other involved parties which culminated in the latest redraft which had been distributed on January 29, 1986. • It was noted that the Stipulation would be reviewed paragraph by para- graph, with comments from all parties being entertained at such appropriate time during such review. Substantial discussion ensued with the following revisions being agreed to: The 8' access easement to be provided at the north end of the site will be added to the legal description in Paragraph 1, as will the recording information data for each of the easements. Other than those items, there were no comments regarding this paragraph. No comments were expressed to either Paragraphs 2 or 3. As to Paragraph 4, Attorney Moss stated that the original court settlement be included and referred to. It was the consensus of all parties that this would not be a problem, as long as it was clarified that in the event of any conflicts, the Clarification of Settlement Stipulation would prevail and govern. There was substantial discussion regarding Paragraph 5 with regard to the payment for water and sewer hookups. It was noted that Mr. Schmidt had agreed to pay whatever difference there was between the original payment of these fees and the current fees. It was noted by Mr. Williams, that although the original fees had been paid, that same were returned to Drexel (the original owners of the property), and therefore it was his contention that Teron should pay the entire sum. Mr. Moss, Attorney for Teron, noted that in the original court Stipu- lation, mention was made that all hook up charges had been paid and n U Town Commission Special Meeting January 31, 1986 Page 2 of 5 resolve an wi e Clarification. that Mr. Scmidt's agreement to pay the differences was just a courtesy and not mandated. Attorney Sliney noted that due to the fact that this matter was only one of a number of matters not adhered to in the original court stipulation necessitating this Clarification, that this would be an additional point of negotiation. This question was un- d d 'll b further discussed prior to the approval of the There were no comments with regard to the first paragraph of Paragraph 6. However, the second paragraph was amended to read: "Teton represents to the Town that it shall not intentionally impede the timely commencement or completion of construction. The Town represents to Teton that no other Town governmental or Town quasi-governmental bodies are required to approve the Clarified Site Plan. However, the Town Building Department shall review the working drawings as set forth in Paragraph 10. Both parties have relied upon these representations in entering into this Clarification of Settlement Stipulation." • With regard to Paragraph 7 and it's reference to the "two story building", same was amended to refer to "building with pavillions above. Paragraph 7A was amended to read: "The height of the residential buildings to be constructed upon the Site shall be measured to the top of the highest roof slab and shall exclude parapet, mechanical room and elevator shafts, and decorative hip roofs as shown on sheets 8 and 10 of the Clarified Site Plan. The maximum building height of the residen- tial buildings, as measured from datum elevation of 0 feet mean sea level, to the highest roof slab, shall be 138.5 feet, inclu- sive of a parking structure, but for parapets and hip roofs not to exceed an additional 20 feet, or a maximum of 158.50 feet. The highest roof slab shall not be used as a private or public amenity within the project." Paragraph. 7B was amended to read: "There shall be a two-story parking structure underneath all buildings. Further, parking shall be located as otherwise specified in paragraphs 7C and 7D herein. The interior liahtin of all garage areas shall emit no more light to the outside areas than is emitted from the garage areas of the Parker Highlands Condominium." • Paragraph 7C was amended to read: "There shall be a two story building with three pavillions above which shall connect the south face of the north residential building with the north face of the south residential building Town Commission Special Meeting • January 31, 1986 Page 3 of 5 which shall be used for a main entrance/lobby pavillion, recreational facilities and parking within. The two story building shall include three pavillions which extend above the two stories as generally shown in sheets 3 and 9 of the Clarified Site Plan. The pavillions shall not exceed 49.75 feet in height measured from datum elevation of 0 feet mean sea level." Paragraph 7H was amended to read: "The parties agree that the actual dimension utilized in the development of the Site shall not deviate from the dimensions set forth above by more than four (4) inches in either direction, except as noted in Paragraph 8. The third sentence of the first paragraph in Paragraph 8 was elimina- ted. A new second sentence was added to read as follows: "The seawall and buildings to be constructed on the site shall not intrude eastward of the Coastal Construction Control Line in any manner" • A new 3rd sentence shall read: "The east/west seawall shall be built in accordance with Permit I, PB-214 as previously approved". The second sentence of the second paragraph of Paragraph 8 was amended to read: "If in the opinion of a coastal engineering firm retained by the Town, the proposed seawall plans to not meet the criteria for a "100 year storm event" then the Town's engineers and Teron's enginers shall select a third engineer to establish such cri- teria". The sentence reading "The seawall shall have concrete or other attrac- tive, and rust resistant facing", will be made a part of the second paragraph of Paragraph 8. As a part of Paragraph 8, the following sentence will be included: "The Town shall charge a fee of ~ for a seawall permit. The seawall permit fee and the fee to be charged for the portion of the foundation required shall be applied towards the total building permit fee owed to the Town for the entire project." Paragraph 13 was incorporated into Paragraph 8 by becoming a new fifth paragraph, reading as follows: • Town Commission Special Meeting January 31, 1986 Page 4 of 5 "Teron shall submit applications to the State of Florida within three (3) months from the effective date of this Clarification of Settlement Stipulation for the rebuilding and revegetation of the beach which is located on the Site. In the design of the revegetation, Teron shall make provisions for rock toe-scour revetments in those areas subject to wave action where erosion is the most serious. Teron will begin the rehabilitation and revegetation of the beach at the point that the seawall is complete". Substantial discussion was had regarding the jurisdiction in the construction of the seawall. It was noted that the seawall as planned was located one inch west of the Coastal Construction Control Line and therefore was within the jurisdiction of the Town. Both sides agrees that they would need additional discussion and negotiation of the items in the Clarification of Settlement . Stipulation prior to any more drafts being drawn. Two recesses, as well as a lunch recess from 12:30 p.m. through 1:45 p.m. were taken during the course of this meeting. Commissioner Grier did not attend the meeting folowing the lunch recess as he had earlier commitments. Attorney Moss left the meeting at 3:30 p.m. due to prior commitments. Before leaving the meeting, Attorney Moss indicated that there was an item removed from the Clarification dealing with the reverting to the original court stipulation should a third party file lawsuit. Attorney Moss felt that this item was not negotiable and should be included in the Clarification. This matter will be discussed by the Town with the Town Attorney for further consideration prior to finalization of the Clarification. Inasmuch as the remaining paragraphs to be reviewed held legal ramifi- cations, the Town Commission felt it unfair to Mr. Schmidt to consider same without Mr. Moss present. At 4:15 p.m. this meeting was recessed until Thursday, February 6, 1986 at 10:30 a.m. • Town Commission Special Meeting January 31, 1986 Page 5 of 5 APPROVED: ~~~ .~~~ n J. Basso, Com ssioner tiUi .Y~ : A.[.t~.-- ~f - William A. Grier, .Commissioner Bett Jean Stewart, Commissioner ATT ST: • ` T CLE DATE: `~ _~L(f -~~ Mar~ouise G „ Blosser,Vice Mayor