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LEGAL APPROVAL DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA '1;;;tf5-~-'1 ~ Q1/g'('f ~~ ~ o/6/~ APPLICANT: Cedar Ridoe Development Corporation APPLICANT'S AGENT: Paramount Enoineerino GrouP. Inc.. HEARING BEFORE CITY COMMISSION: Mav 20, 1997 TYPE OF RELIEF SOUGHT: Final Plat Approval. Acceptance of Suretv LOCATION OF PROPERTY: North of Minor Road. East of Hioh Ridoe Road DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above, The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The AppliCjlnt -L HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The Appl!,9ant's application for relief is hereby JL GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. 3 DENIED 4. This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. OO! L,. 6. Other: )(1 Q (rIT{!LC II ~(jl (nl'\;YVV~A1AU j~l GrYvt/'n~a:p DATED:Ma~20, 1997 ~.(A/AV~ . ' . . TJ'F ~~orney ~~'M -' ,\\\\\11111111/111. ~"", ~ tlTo.\t I'I~ .s:- <bo .......... e~ ~ ~ t( ....grOFt4 "~)J~ ~ ~ol8 '0 o~ :;:;e ~ :: - >- .- = =\-'\ = ::: - n"::: ~ (..) .... -\ 9~\J... ~ ~ .... ......... ~ ~ ......... Q T- *' ~ FLO~\...$' 1'1/ ,\" 1'111111" II \\\\\\ swplo.ptslo.v"'opm,,ntlCedar Ridll"Car" Dev Ord 5/9/97 - . H'tP(LUXO ROAD IaJ ~ ::) Z 0 ~ 0:: .: &t') - w 0) <.n -<-' t (I') VI 0 :::> w ~ Q: <-' :J: ~ " x (.) MINER RO, N GATEWAY BLVD ~ ; ../ LOCATION SKETCH NOT TO SCALE N SHEET 5 OF" 5 II III! 'l ,~ i I I \ I 1 J I INOUS TRIAL WA Y ! I i 1 I ( ~~ I Y I , I _.-._."-_.,.._-"--~-~.------~--_. .." EXHIBIT II C II Conditions of Aooroval Project name: Cedar Ridge Estates, a P.U,D. Type of Development Order (Master Plan. Site Plan or Plat): FINAL PLAT DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: 1. Subject to receipt of the mylar plat with satisfactory signatures and seals , (signed and sealed copies will replace attached copies prior to Commission '. Meeting. 2, The signatures of the City Engineer (and his seal) and the Mayor. /' 3. A Letter of Credit for 110% of those improvements dedicated to the City (sewer/water) acceptable to the City Attorney and Finance Director (may be ,,/ here prior to Commission MeetinJ:?;. 4. Receipt of a "Clean" recordable copy of the documents for the two H, O.A. 's known as Cedar Ridge Townhomes and Cedar Ridge Community / Association. Both sets of documents to have fmal approval by the City v' Attorney. the City Forester and the Planning Department. 5. Receipt of required Lake Worth Christian recorded covenants as stipulated in /' "Agreement for Drainage" prior to first building C.O. 6. The final lift of road asphalt to be installed after completion of all building ./ construction, 7. Satisfactory response to Assistant City Attorney Pawelczyk's 5/1/97 memo 'Ju. Ct.', "1\' -Sf; Le.-, (attached) regarding the drainage agreement and receipt of recorded Cc,- \.\'-..o..r. -\- ~. \ document prior to issuance of Development Permit. BUILDING DIVISION Comments: None DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 1. In accordance with Article V, Section 3,(6) (g), the City Commission shall specify the development time for the park and recreational facilities approved / / for half credit towards the recreation dedication fees. Existing approvals v specify that the developer must complete at least the meeting hall and swimming pool by the fIrst certifIcate of occupancy for the Townhouse section. FORESTERJENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. Reinitiate rezoning process that served to extract from the PUD the platted /' , lots within the PUD that are no longer intended to be developed but are to become a funrre expansion of the adjacent Lake Worth Christian School. ADDITIONAL PLA1'INING AND DEVELOPMENT BOARD CONDITIONS ADDITIONAL CITY COMMISSION CONDITIONS Ibme s:\projeclslcond of apprl ADDITIONAL CONDITIONS FROM COM1v1ISSION MEETING 1. The City Manager shall have the authority. as delegated from the City Commission, to resolve any issues arisin~ with respect to Comment 7 of this Development Order. 2. 3. 4, s. 6. 7. 8, 9. 10, AGREEMENT FOR LIMITED ACCESS EASEMENT THIS AGREEMENT FOR LIMITED ACCESS EASEMENT (hereinafter referred to as the "Agreementll) is made this 12th day of July, 1996 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 SOCIETY, INC" a Florida not-for- profit Corporation with an address at 7592 High Ridge Road, Boynton Beach, Florida ("Grantee"), its successors and assigns. 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,Q+/-acre parcel of land located in the City of Boynton Beach, Florida, that includes a platted tract for single family residential development (hereinafter "single family tract") more particularly described in Exhibit "A"; 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, and, a part of the property owned by the school (hereinafter the "school property") is more particularly described in Exhibit "B"; and WHEREAS Grantor desires to develop the single family tract 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 acknowledges that the school property includes 11 of the Project's platted lots (lots 35 through 45) which 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"), 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'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 [D) ~ @ ~ U W ~ ~, \ill _ Z 71991 ~I PLANNING AND _J.___ ZONING DEPT. 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: 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 rights that are the subject of this Agreement, 1.2. "Grantor" means the CEDARRIDGE 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 Exhibits attached hereto and that are subject to this Agreement. 1.7, "School" means the Lake Worth Christian School, also referred to as the Grantee. 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, -,~ ------ 1,9. IISingle Family Tractll means that portion of the Project that has been platted for single family residential development, more particularly described in Exhibit IIA," 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 acti vi ties, 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 proj ect' s main entrance roadway (Cedar Ridge Road) from its intersection with High Ridge Road and over Forest Road, as shown on the Cedar Ridge Plat, 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. Except as may be necessary to complete development of the School Recreation Parcel, 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 month, and then only between the hours of 7: 00 a. m. and 7: 00 p, m. on any weekday I 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 areas, residential lots, underground utilities, facilities and other common areas. Grantee shall indemnify, 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 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. 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. Jr. STATE OF FLORIDA COUNTY OF PALM BEACH ~~ The foregoing instrument was acknowledged before me this ~ day of July, 1996, by Joseph F. Basile, Jr., as President of CEDAR RIDGE DEVELOPMENT CORPORATION, INC" a Florida Corporation named herein, and that he is personally known to me or~duced as identification an who did did not) take an oath, ,-;~\~if;;',,- JeffreyScottKrlc i,,;" .!",: Y COMMISSION /I CC608467 EXPIRES ;. ~.,: 2000 U V FAIN I URANCE, INC. NOTARY SEAL orida LAKE WORTH 1~:~~NC . ( /' \ C.r:::.-- ~c ~ J:- '-'Richard President CHRISTIAN 1EfX\ rnJDrG~ Witnes) r 1j=---1tl~ Lt1 Ph"lll ;',~ STATE OF FLORIDA COUNTY OF PALM BEACH I) i!J1 '" ------1 Hn"is, The foregoing instrument was acknowledged before me this 12TH day of July, 1996, by J. Richard Harris, as President of Lake Worth Christian School Society, Inc , and tha h is personally known to me or who has produced t; as identification and who did (did not) ~~ No ary Public, State of Florida Commission No. My commission expires: NOTARY SEAL l~1ft;.~~(:~ KATHLEEN M. BRANDON {:(~';'j:~ MY COMMISSION II CC430966 EXPIRES ;.~.~,,~: January 2. 1999 "'~!if.,'f.,<t'. BONDED THRU TROY FAIN INSURAHCf, fNC. EXHIBIT "A" Lots 1 through 34, inclusive; of CEDAR RIDGE, A P. U. D., AND HIGH RIDGE COMMERCE PARK, A P.I.D., and the road rights-of-way adjacent to such lots designated as Cedar Ridge Road and Forest Road, all according to the Plat thereof on file in the Office of the Clerk of the Circui t Court in and for Palm Beach County, Florida, at Plat Book 46, Page 58. EXHIBIT RBR A parcel of land being all of Lots 35 through 45, Parcel "B", FOREST COURT, and a portion of Forest Road lying in the Plat of CEDAR RIDGE, A P.U.D., AND HIGH RIDGE COMMERCE PARK, A P.I.D., as recorded in Plat Book 46, Pages 58 through 61, Public Records of Palm Beach County, Florida. Said Parcel being more particularly described as follows: Beginning at the Northwest corner of said Parcel "B", said point being a point on the North line of said Plat of CEDAR RIDGE, A P. U. D., AND HIGH RIDGE COMMERCE PARK, A P. I. D.; thence North 88045'58" East along the North line of said Plat, a distance of 39.82 feet to a point on the East boundary line of said Plat and the West line of the Seaboard Air Line Railroad; thence South 01012'26" East along said East boundary line and the West right- of-way line, a distance of 1936.26 feet to the Southeast corner of said Lot 45; thence North 57043'16" West along the Southerly line of said Lot 45, a distance of 261.30 feet to a point on the Southerly right-of-way line of Forest Road as shown on said Plat of CEDAR RIDGE, A P.U.D., AND HIGH RIDGE COMMERCE PARK, A P.I.D., said point being a point on a curve concave Northwesterly having a radius of 85.00 feet, a central angle of 570 43'16" and a chord bearing of South 61008'22" West; thence Westerly along the arc of said curve, a distance of 85.63 feet to a point of tangency; thence South 90000'00" West along said Southerly right-of-way line, a distance of 91.70 feet; thence North 00000'00" East, a distance of 60.00 feet; thence North 90000'00" West, a distance of 13.27 feet to the Southwest corner of said Lot 35; thence North 00000'00" East along the West line of said Lots 35 through 38, a distance of 450.12 feet to the Northwest corner of said Lots 38 and 39; thence North 88045'14" East along the North line of said Lots 39 and 40, a distance of 315.13 feet to the Southwest corner of said Parcel "B"; thence North 00005'28" East along the Westerly line of said Parcel "B", a distance of 1318.05 feet to the aforedescribed Point of Beginning. Containing 6.376 acres more or less.