APPLICATION
AGREEMENT FOR
LIMITED ACCESS EASEMENT
THIS AGREEMENT FOR LIMITED ACCESS EASEMENT (hereinafter
referred to as the "Agreement") is made this day of
, 199 by and between the CEDAR RIDGE DEVELOPMENT
CORPORATION, INC:, a Florida Corporation with an address at 1222
Sandpiper Lane, Lantana, Florida 33462 ("Grantor"). its successors
and assigns and the LAKE WORTH CHRISTIAN SCHOOL, INC., a Florida
not-for-profit Corporation with an address at 7592 High Ridge Road,
Boynton Beach, Florida [ zip code?] ("Grantee"), its successors and
assigns, establishing certain limitations and restrictions on the
use of the property more particularly described in Exhibit
(hereinafter referred to as the "Property").
WIT N E SSE T H:
WHEREAS Grantor is the contract-purchaser of the Cedar Ridge
Planned Unit Development (hereinafter referred to as the
"Project"), a 27.0+/-acre parcel of land located in the City of
Boynton Beach, Florida, that includes a platted tract for single
family residential development (hereinafter IIsingle family tract")
more particularly described in Exhibit IIBi" and
WHEREAS Grantee is the owner-operator of the Lake Worth
Christian School (hereinafter referred to as the "School").
located at 7592 High Ridge Road, Boynton Beach, FL, more
particularly described in Exhibit "Ci" and
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WHEREAS Grantor desires to develop the single family tract of
the Property as a secure, private community with 34 single family
homes, according to a plat that was approved for the Project by
the City of Boynton Beach (hereinafter referred to as the "City")
and more particularly described in Exhibit "B," and acknowledges
that 11 of the Project's platted lots (lots 35 through 45) will be
deleted from the plat and developed by Grantee for recreational
uses only; and
WHEREAS Grantee desires to seek all required government
approvals from the City to develop the aforesaid lots 35 through
45 (hereinafter referred to as the "School Recreation Parcel"),
according to a conceptual plan of development more particularly
described in Exhibit "0" (hereinafter referred to as the "School
development plan" or "Plan"), and as part of its development plan,
desires to obtain a limited access easement from Grantor to allow
periodic vehicular use of the Cedar Ridge PUD's internal roadway
system to gain access to the aforesaid School Recreation Parcel
from High Ridge Road for park construction and periodic
maintenance purposes; and
WHEREAS Grantor concurs in Grantee I s development plan and
desires to reach agreement with Grantee in order to provide it
with a limited access easement to its School Recreation Parcel,
provided that Grantee exercises such easement rights in a manner
that causes minimal disturbance to the physical integrity of the
Project and the quality of life of the residents of the Project
and agrees to indemnify and hold Grantor harmless from any damages
that Grantee may cause to the Project.
NOW THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged by both
parties, Grantor and Grantee hereby agree and declare that they
will abide by the terms of this Agreement as set forth below:
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ARTICLE I
1. DEFINITIONS. In this Agreement, the following words and
phrases shall have the meanings indicated, unless the context
requires otherwise:
1.1. "Grantee" means the LAKE WORTH CHRISTIAN SCHOOL, INC.,
its successors and assigns, including any employees, agent (s) ,
contractor(s) or consultant(s) who will or may be selected in the
future to perform work for the Grantee requiring the exercise of
the easement ~ights that are the subject of this Agreement.
1.2. "Grantor" means the CEDAR RIDGE DEVELOPMENT CORPORATION,
INC., its successors and assigns, and may include joint venture
partners.
1.3. "Heavy equipment" shall mean any and all pieces of heavy
construction, excavation, hauling, and/or road grading equipment
that weigh in excess of two (2) tons each or operate on tracks, or
both. The term shall include but not be limited to tractor
trailers, dumptrucks, bulldozers, front-end loaders and similar
equipment typically used in preparing a construction site and
excavating, moving, grading and hauling dirt fill materials.
1.4. "Internal roadway system" shall means those roadways
that are depicted on the approved plat for the Cedar Ridge PUD
providing access to, through and over the PUD properties from High
Ridge Road.
1.5. "Project" shall mean the Cedar" Ridge PUD, as the site
plan for that project may be revised from time to time.
1.6. "Property" means the land and improvements, both
existing and proposed, that are more particularly described in
Exhibit "A" attached hereto and that are subject to this
Agreement.
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1.7. "School" means the Lake Worth Christian School, also
referred to as the Grantee, its land and improvements that are
more particularly described in Exhibit "C" attached hereto and
that are subject to this Agreement.
1.8. "School Recreation parcel" means those lots, i.e. lots
35 through 45 of the Cedar Ridge PUD, that the School proposes to
acquire and develop for recreation purposes, according to the
concept plan described in Exhibit "D."
1.9. "Single Family Tract" means that portion of the Project
that has been platted for single family residential development,
more particularly described in Exhibit "B."
ARTICLE II
2. PERPETUAL EASEMENT; TERMS AND CONDITIONS. Grantor agrees
to provide Grantee with a perpetual easement for ingress and
egress on, over and through the Project's internal roadway system,
subject to the following restrictions and limitations.
2.1. Use limited to site preparation and periodic
maintenance. Grantee agrees that its use of Grantor's internal
roadway system for ingress/egress to the School Recreation Parcel
shall be limited to initial site preparation, construction and
maj or periodic maintenance activities, which uses may involve
truck and vehicular traffic including heavy equipment. It is
expressly understood that this Limited Access Easement does not
extend to participants in or invitees or guests of any sporting
events or athletic contests that may be held on the School
Recreation Parcel.
2.2. Uses limited within the PUD. Grantee agrees that the
trucks, vehicles and heavy equipment used to carry out the
purposes described in this paragraph 2 shall be restricted to the
most direct route to the School Recreation Parcel from High Ridge
Road, that is, over the Project's main entrance roadway (Cedar
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Ridge Road) from its intersection with High Ridge Road and over
Forest Road, as depicted on Exhibit "B." Under no circumstances
shall any vehicles or equipment controlled by Grantee be driven or
hauled over any other internal streets, alleys, parking tracts or
service roads located within the Project.
2.3. Days and hours of operation. Grantee agrees that its
use of the proj ect' s internal roadway system for any purpose
allowed under this Agreement shall be limited to no more than one
(1) day per ~onth, and then only between the hours of 7:00 a.m.
and 7:00 p.m. on any weekday, unless Grantor specifically
authorizes an exception from these restrictions for good cause
shown.
2.4. Prior notice required. At least 24 hours prior to any
proposed use, the Grantee shall make either a verbal or written
request to Grantor or its designated agent of its intent to
exercise its rights of ingress and egress under this Agreement,
which request may not be unreasonably withheld. Grantor agrees
that upon giving such approval, it shall open the Project's
security gate at High Ridge Road or otherwise provide Grantee with
full exercise of the easement rights described herein.
2.5. Indemnification; option to cure. By entering into this
Agreement, Grantee accepts and assumes any and all liability for
any incidents or damages occurring on or relating to exercise of
its easement rights under this Agreement, including but not
limited to all liability for any incidents causing damage or .. ~
destruction to the Project's internal roadway system, landscaped ~~
i'
areas, residential lots, underground utilities, drai e I
facili ties and other common areas. Grantee shall ~f ..
defend, save and hold Grantor and all its officers, agents or
employees harmless from all suits, actions, claims, demands, or
liability of any nature whatsoever arising out of, because of, or
due to this Agreement. Grantee agrees to acquire and provide the
necessary liability insurance to cover any and all occurrences on
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or relating to the exercise of Grantee's rights under this
Agreement, with Grantor named as co-beneficiary under said
insurance coverage. Such liability insurance shall be in affect on
the effective date of this Agreement, and shall be in an amount of
no less than One Million Dollars ($1,000,000.00). Grantee may
cure any damage or destruction it causes to the Project at its own
expense by using its own agents or contractors, however, such work
shall not be commenced without the prior written approval of the
Grantor. In the alternative, Grantee shall reimburse Grantor for
all costs that Grantor, its agents or contractors may incur in
making necessary repairs or replacements. Grantee agrees that in
either event, the Property shall be returned to the same or better
condition that it was in prior to the damage or destruction
occurring, at no cost or expense to Grantor.
2.6. Agreement to run with land; recording. This Agreement
shall run with the Property and shall be recorded in the public
records of Palm Beach County not later than fourteen (14) business
days after execution by the parties. All recording costs shall be
paid by the Grantee.
2.7. Effective date. The terms of this Agreement shall be
affective on the date of recording and shall inure to all
successors in interest to the parties to this Agreement.
2.8. Enforceability. This Agreement is governed by and construed
in accordance with the laws of the State of Florida and the
parties acknowledge that in the event of a default by either
party, the aggrieved party shall be entitled to injunctive and/or
other equitable relief, in addition to any and all remedies which
may be available as law or equity. If any legal action is
required for enforcement, the prevailing party shall be entitled
to reasonable attorneys' fees and other reasonable costs of
bringing the action.
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ARTICLE III
3.0. MISCELLANEOUS.
3.1. Notices. All notices, both oral and written, that are
required under this Agreement shall be timely supplied to:
Mr. Joseph F. Basile, Jr., Director
CEDAR RIDGE DEVELOPMENT CORPORATION, INC.
1222 Sandpiper Lane, Lantana, FL 33462
Telephone (407) 582-6929
FAX (407) 582-2315
with copies to:
DENNIS P. KOEHLER, P.A.
Congress Business Center
1280 North Congress Avenue, Suite 213
West Palm Beach, FL 33409
Telephone (407) 684-2844
FAX (407) 684-9370
3.2. Amendments. This Agreement shall not be extinguished,
enlarged, modified, or replaced except by written consent of both
parties, and shall be binding upon any successor(s) and assign(s)
until so extinguished, enlarged, modified or replaced.
IN WITNESS WHEREOF Grantor CEDAR RIDGE DEVELOPMENT
CORPORATION, INC. and Grantee LAKE WORTH CHRISTIAN SCHOOL, INC.
have executed or caused this Agreement to be duly executed.
Witness
CEDAR RIDGE DEVELOPMENT
CORPORATION, INC.
Witness
Joseph F. Basile, Jr.
Director
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EXHIBIT "A"
LEGAL DESCRIPTION (Property)
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EXHIBIT "B"
LEGAL DESCRIPTION, PLAT
(Single Family Tract)
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this
day of , 199 , by Joseph F. Basile, Jr., as
Director of CEDAR RIDGE DEVELOPMENT CORPORATION, INC., a Florida
Corporation named herein, and that he is personally known to me or
has produced as identification and
who did (did not) take an oath.
Notary Public, State of Florida
Commission No.
My commission expires:
NOTARY SEAL
Witness
LAKE WORTH
SCHOOL, INC.
CHRISTIAN
Signed:
Witness
Name:
Title:
STATE OF FLORIDA }
COUNTY OF PALM BEACH }
The foregoing instrument was acknowledged before me this
day of I 199 , and that he/she is personally
known to me or who has produced- as
identification and who did (did not) take an oath.
Notary Public, State of Florida
Commission No.
My commission expires:
NOTARY SEAL
This Instrument Prepared By:
DENNIS P. KOEHLER, ESQ.
DENNIS P. KOEHLER, P.A.
1280 N. Congress Avenue, Suite 213
West Palm Beach, FL 33409
Telephone (407) 684-2844
Facsimile (407) 684-9370
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EXHIBIT "0"
LEGAL DESCRIPTION, SITE PLAN
(School Recreation Parcel)
EXHIBIT "C"
LEGAL DESCRIPTION (School)