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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 1 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: 2 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. 3 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 4 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 5 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. 6 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 7 EXHIBIT "A" LEGAL DESCRIPTION (Property) 9 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 8 EXHIBIT "0" LEGAL DESCRIPTION, SITE PLAN (School Recreation Parcel) EXHIBIT "C" LEGAL DESCRIPTION (School)