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LEGAL APPROVAL / . \ ''\> ~( 1 , " ' I '. ~, ~/l ('" ..;;-. J) C i frv" c.::", c C I,:: ,n~ >"fc$"'- y. ORDINANCE NO. 88-~~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING A CERTAIN UNINCORPORATED TRACT OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 ( 32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. WHEREAS, Augustin A. Hernandez, agent for Palm Beach County School Board, owners of the following tract of land as hereinafter described, have filed a Petition for Annexation to the City of Boynton Beach, Florida, directed to the City of Boynton Beach, Florida, directed to the City Commission pursuant to Article I, Section 7 (32) of the Charter of the City and Section 171.044, Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing City limits of the City of Boynton Beach, Florida and will, upon its annexation, constitute a reasonably compact addition to the City territory; and WHEREAS, the proposed use of said land and Land Use Designation have been determined to be consistent with the future land uses of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: Pursuant to Article I, Section 7(32) of the Charter of the City of Boynton Beach, Florida and in a newspaper of general circulation in the City of Boynton Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 7: This Ordinance shall become effective immediately upon its final passage. Section 8: Specific authority is hereby given to codify this Ordinance. Section 9: This Ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this M day of J rJve Wtbey 1988. SECOND, FINAL READING and PASSAGE this ~~ {)eeem~.ev , 1988. day of CITY OF BOYNTON BEACH, FLO~DA (:2/11 ~~<- Mayor ~ I:,!firJl~d;/;. cX-_Jf? ~. Commissioner ''\J \~ , I ~, ' j, J ,,~ vvtc'~ commissioner - I I ATTEST: I ~ J -I~ Ci ty fYerk i(Corporate Seal) ORDINANCE 88-48, 88 ---q, 88-50, I LOCATION MAP, CITRUS GLEN (INCLUDING PHASE II) ( PALM BEACH COUNTY ELEMENTARY SCHOOL "p" LAWRENCE LAKE UJ .. ,\ 0" 4, . "'.'.'~'I ,..'..'. 1" :'I . ..;" .:,.......;' . ~ '.. ..t -,. ." ~.. , _' I., ...... I\,,:~,. , . _,.,' ((".., ,( : ,; "..: ; ~ i' ~:!.)i', ,:,''i:;~' -., ", ' ,~:"w, ';~ . ...~;JIo..~I.... ~;I J.,!~J.~..:~".;...:.t. .'"'....~\... .t.~;...,.. ;:.r.o.",.i. . '~'" '..~ ''/:t'J,.J,', ~"""l~'\~"~}" _ .....,...'.Ii..:J~..~.":'..." .-. ..fI....a>.' , '.... ",...,. " " ....", ..~!;o." \~" ~.:'s' ..~1~..':..~~,7't:i. 10-~"'" . ." ,Ii ':;' ..:.~....... 1\'-"" t..........~..."'l,~~.. '.. ~ ,.,' 'I ~..~ ,,,!~':!1;. "''''':.. ,,;' ',' ,:,'~:l.:r:'':-~':t,;r~' ':'. ,~<\,:tr;~ ' " . ''''1' . /:,'",:~.~,~r:~:,~f<~rt' :~~ ~~I''!''''~~ ,. ' _ ' '.if' .. .' '". to, ':w: ..:....,.. ~;..~,~,,: 1:"1';, .... ~ .' ;ci'. " " ' . . :...... 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T T7:" Lf'''' .: I 'f'6:Z" 8 :5:: ';;.~, ~,- "1 ~~- , : "" II it t (,I [f:1'I~ 'I r rcr:: I'T ~ _ I r I I I I I --t . r I ":. ~ ..:.~ / ~,......".. ~'I'" rrrT'll I I: II.. 'r' C::::::::O. r I .,' ~ I II I II ~~~~~'.~~- eo "qANA./.;:~:~ \ .1 t j j..\\ I I / J' , , I~ 'I .... :.1 :'-P7A/t8.7 II . o 1/8 1/4 MILES, _' !~ I I ". _ - --6 OYN iifN.h I I I I I I I ' i -:;:::zITlt l 'I n \' T ORDINANCE NO. 88-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM RS/SE (SINGLE-FAMILY RESIDENTIAL WITH A SPECIAL EXCEPTION FOR A PUBLIC ELEMENTARY SCHOOL) TO R1AA (SINGLE-FAMILY RESIDENTIAL), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19 in which a Revised Zoning Map was adopted for said City; and WHEREAS, Augustin A. Hernandez, as agent for The School Board of Palm Beach County, has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix A - Zoning of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain parcel of land consisting of approximately 19.23 acres (t) located within the municipal limits of said City, said property being more particularly described hereinafter, from RS/SE (Single-Family Residential with a Special Exception for a public elementary school) to R-1AA (Single-Family Residential); and WHEREAS, the City Commission deems it advisable to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land, located in the City of Boynton Beach, Florida, to wit: The south one-half (S. southwest quarter (SW northwest quarter of township 45 south, range Beach County, Florida. 1/2) of 1/4) of section 43 east, the the 18, Palm Together with that portion of Lawrence Road Right-of-Way abutting the west property line of the subject property All of the above being located in Palm Beach County, Florida. Gross Area (including Road and Canal R/W) 19.23 acres, Lawrence Road R/W (40' Eas t of Section Line) 0 . 61 acres, L.W.D.D. R/W (15' Required R/W or Easement) 0.42 acres Net area less Lawrence Road R/W 18.62 acres Net area less Road and Canal R/W 18.20 acres be and the same is hereby rezoned from RS/SE (Single-Family Residential with a Special Exception for a public elementary school) to RIAA (Single-Family Residential). Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: That the application of the owners and agents of the subject property for rezoning is hereby granted for the purpose of permitting the development of said land as a public elementary school. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. FIRST READING this /~day of November, 1988. SECOND, FINAL READING and PASSAGE this /)e~_eyW};d, 1988 Io-d day of CITY OF BOYNJO~ BEACH, uZ ; ~~<J/~ ~ Vie ayor I ~--> f2 vt~ Commissioner ' ~CJ)~~ Commiss1O . r , I I i ~ ~ // '~/~~ Commissioner ,/ .i,A~jd~ Cityerk (Corporate Seal) ORDINANCE 88-48, 8 ,9, 88-50, 88-51, 88-53 & 88-! LOCATION MAP, CITRUS GLEN (INCLUDING PHASE II) ( PALM BEACH COUNTY ELEMENTARY SCHOOL "p" LAWRENCE LAKE ',- '.. .~: :::- . ":' .~~'~....t. .~ ,,~~;:.~~;::~; ,~~; ~~P:$\~~t:g:# .. .. ~ :~. ...:.:.t.::.....j,!l~..,\:. ,.~ ,;.:;:: ~f-~r!.(f.% ,; '...,.. :'..:..,.,.:~...~,~.. . ....'ft, .,..: ~ . '.";'~."'" ~.~\~.,~..~.J:.. . I! ~4'. ,"J t'l "h.~' . t,._. .'t: :;.~ ,,~~.. . r ;;' .....~:t,~:.~....'~.....;~ . ., 'l:~"-::"'~";"'~ ~.. ,'.~'!" 1.. J;"~or.~~ ?I'~ . .' ,,\~ '~",;'~.~.~-;1 .... ". .;';'.:~i". :.:,:...) '~,t,,":. ';::~: ", :I~I~~ . _..'4 . . .' . -:( ",. , ~ '.:/~r'6:7"8 :5::':;'.~" .J i}7J;'a'5~r " '.-.... ~ ! . ';', J..., ~ , ' ,"; ~ '1'~1'''F8~5''4 . '" I. ~ . '~':-"'1 )/.18'/81~"! ,\- ,~ I I . .-. -~ :' ,'. .--- '.. ",0". .~. ",'. ~.\.J;U.M.".".'I!.. '~t. ':' . iI."..liilt ~ t~,t\~,.,:~~j'1.~~. : . ~,..~,'': !._~~~.."~t ~~\. ."/ _ :-,.': >~.'~ . .;~. .j ..-..;.: '.;. .r. '.r~.~~.~ ., ~J..\...:O ~~_. ....,......~ J ..~.t.,L..~~~:-~.'.~t:.t':-~,~..~ ~~~~1~!~i~{m~li~ ..--- --_.._-~\ . . : . . ., ..,.......,......,.... . .. -, ' · :~EHEli~i!ffiillffi'iji\ge.T :.; ....'.:'.. · :~~,*l'(l~~!Ji~t:!'irn::. .~"';~. · :'~'eH' .~..Q::..:..::.~...:.~.: ..,.. ~. : g.:. :. ~,:: ., :. .:: ... .E. ~'Hi!.H:H~H:H: ...::.:"; . :..;................ ... .;&.i.i.C......E.t....1l1;.."J . ............:~::::::::::::::::::::::::::;;;;;:::::... . -~- : ,,'. ;ii!'!I!Il!!jlilllilimml'lllIl'il'lIill!l:liiiiililli · mll!lI!iiml::I!li!:llllll'li!I'1 'li:I'I'II:hl!!!!!! · .... "':.1m!:.!!:::: II..... ,! 'l::!al::: · ::lm~:"'!W:': .....~,.....E.."'rMIT..~.:E': .ill'lill'!iI: · :!I.lll' ': :: . II: !::: :: . .;. :..:..!l..,......i:..:....:..,..!!!.......!: , , .)~~::~ C~'. ~ " '1.. ,. ..&, .1. ".. '1~f:~ . ,~':; ~...:::.., '., "j ;"'. .._.;~~. ;i . . ~.'. .. )(:"' 1/21'/86. ~'s .3.'l..~6._.':- hJ;Sf~~~.~~ ~.' I...:.,-~...- '., ~ t :~~ !. .. .. ~ ~". .J ~ .. . .~;,~~.;~,,,...~... .' -_--:..~~ . o 1/8 1/4 MILES .. " .~~ ~~ "'-'ii, j ,,~ ~--\ ORDINANCE NO. 88~~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM-MEDIUM HIGH RESIDENTIAL (PALM BEACH COUNTY) TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Land Use Plan and : as part of said Plan a Land Use Element by Ordinance No. 79-24 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, a certain parcel of land more particularly 'described hereinafter is being annexed in accordance with the application by Augustin A. Hernandez, agent for Palm Beach County School Board, into the City by Ordinance being adopted simultaneously herewith; and WHEREAS, the procedure for amendment of a Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ,I j I I I Section 1 Ordinance No. 79-24 of the City is hereby amended to reflect the following: That the Land Use of the following described land shall be designated Low Density Residential. Said land is more particularly described as follows: The south one-half (S. southwest quarter (SW northwest quarter of township 45 south, range Beach County, Florida. 1/2) of 1/4) of section 43 east, the the 18, Palm Together with that portion of Lawrence Road Right-of-Way abutting the west property line of the subject property All of the above being located in Palm Beach County, Florida. Gross Area (including Road and Canal R/W) 19.23 acres, Lawrence Road R/W (40' East of Section Line) 0.61 acres, L. W . D. D. R/W ( 15 ' Required R/W or Easement) 0.42 acres Net area less Lawrence Road R/W 18.62 acres Net area less Road and Canal R/W 18.20 acres Section 2: That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4 : Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. FIRST READING this _J~ day of November, 1988. SECOND, FINAL READING and PASSAGE this ~ -rL day of [Jei!... €W/ h-€tv , 19 88 . ATTEST: c~<f/~ ," I ( (Corporate Seal) CITY OF BOYNTON BEACH, IDA i v~~~.r' C2(: ~~. ~c- Commissioner '.a~~ Commissioner d .~ U)fj~ Comml.SSl.oner -_._-,._...,~.,_.-..__.__._" ,.,..--.----.------. i '~~'I (I I t I ~,' }.J " ',' ~"J ,., (}) ~ ,\' ~"(\/"l" \ I ' , ~-~ ///-{.L ORDINANCE NO. 88-~S AN ORDINANCE OF THE CITY COMMISSION OF THE OITY OF BOYNTON BEACH, FLORIDA, ANNEXING A~CERTAIN UNINCORPORATED TRACT OF LAND, THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ITS ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY TERRITORY, PURSUANT TO A PETITION OF THE OWNER OF SAID TRACT OF LAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 ( 32) OF THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AND SECTION 171.044, FLORIDA STATUTES; PROVIDING THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. WHEREAS, Michael D. Gordon and Enrico Rossi, agents for Intracoastal Development, Inc. (Citrus Glen Phase II), owners of the following tract of land as hereinafter described, have filed a Petition for Annexation to the City of Boynton Beach, Florida, directed to the City of Boynton Beach, Florida, directed to the City Commission pursuant to Article I, Section 7 (32) of the Charter of the City and Section 171.044, Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing City limits of the City of Boynton Beach, Florida and will, upon its annexation, constitute a reasonably compact addition to the City territory; and WHEREAS, the proposed use of said land and Land Use Designation have been determined to be consistent with the future land uses of the City of Boynton Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: i ,... Section 1: Pursuant to Article I, Section 7(32) of the Charter of the City of Boynton Beach, Florida and 1 Section 171.044, Florida Statutes, the following described unincorporated and contiguous tract of land situated and lying and being in the County of Palm Beach, Florida, to wit: The northwest quarter (NW 1/4) of the southwest quarter (SW 1/4) of the northwest quarter (NW 1/4); and the northeast quarter (NE 1/4) of the southwest quarter (SW 1/4) of the northwest quarter (NW 1/4); and the northwest quarter (NW 1/4) of the southeast quarter (SE 1/4) of the northwest quarter (NW 1/4) of Section eighteen (18), township forty-five (45) south, range forty-three (43) east, Palm Beach County, Florida. Subject to restrictions, limi ta tions , conditions, agreements of record. reservations, easements and Containing 28.82 acres, more or less. Together with that portion of Lawrence Road Right-of-Way abutting the west property line of the subject property is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be and become part of the City with the same force and effect as though the same had been originally incorporated in the territorial boundaries thereof. Section 2: That Section 6 and 6 (a) of the Charter of the City of Boynton Beach, Florida, is hereby amended to reflect the annexation of said tract of land more particularly described in Section 1 of this Ordinance. Section 3: That by Ordinance adopted simultaneously herewith, the proper zoning designation and Land Use category is being determined. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall not be passed until the same has been advertised for four (4) consecutive weeks in a newspaper of general circulation in the City of Boynton Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. Section 7: This Ordinance shall become effective immediately upon its final passage. Section 8: Specific authority is hereby given to codify this Ordinance. Section 9: This Ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this M day of Nove WI hey , 1988. SECOND, FINAL READING and PASSAGE this /)eCLemAey" 1988. (~-tk day of CITY OF BOYNTON BEACH, FLORIDA ~2# /tr~~ ayor ,. v~!r-J/~f' ~ -t R~/t- Commissioner ~~1J9-~ Commissioner i - I ' /1/ . -..... d Wt1. I"C-~ /~~ commissioner ATTEST: i'Cilfe'~' (Corporate Seal) 3 ORDINANCE 88-48, 88 "',. 88-50, 88-51, 88-53, - 88-55 - CITRUS GLEN (INCLUDING PHASE II) ( PALM BEACH COUNTY ELEMENTARY SCHOOL "p" LAWRENCE LAKE r ~ - '; T - ,- " ,~.~rl. ~ ~ ~)j") {J; "It ~ S:ff~;.'-' . ~~ ", iL ; L ' . Yfl ,.. ' ~ , f ~'1 !q' :7::' B;~~ ,~;,' , w .;..~ ,~--~... . ~ ~..,'.,.., .,' ... ,- --, l\- -'~ ,_._._~.- ~.._._" ();... '. . '. ~", )"; ~fAT- ..1 L ~ 2.-n , Il.f'61' ':8':5~: ':;.~ ' ,.: . . : .. .. '":.., _ " ,.,':I,~:-,\ '." - -:, _' ~~, .'..r;..T;..=~.: ,:,"E.~.~:i.,,::~; '~~";;":'::Ji~~.t:":.:,~.:~J"'~,~.,,~"',,;~,,'~(..{"}"~ .~' j b! ..:' '" ,~,' '" ~~ -< _ ~1s~ f '\:' ...~\.. . .' .,-:.",..'- "k!'''';i~.~~ .. . '...,.>. '. "-"li.:~ ',. _ .,~"'" ~6-."-,;~ ";;"'"~~'&",J"'i '. '. ~ ,..". 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" , ,IY-~~ .0 1/8 1/4 I MILES _ ~ --__ - --6 oiN iiJj1}-- I I I f i , ~{ t : > r T,n-- \ I ORDINANCE NO. 88-t(1/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH, WHICH IS MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM MEDIUM-MEDIUM HIGH RESIDENTIAL (PALM BEACH COUNTY) TO CITY OF BOYNTON BEACH LOW DENSITY RESIDENTIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Land Use Plan and as part of said Plan a Land Use Element by Ordinance No. 79-24 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, a certain parcel of land more particularly described hereinafter is being annexed in accordance with the application by Boynton Nurseries, Inc. (Citrus Glen Phase II), into the City by Ordinance being adopted simultaneously herewith; and WHEREAS, the procedure for amendment of a Land Use \. ! ..... ~ ,. Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and '\ WHEREAS, after public hearing and study, the City 1 ..... \; ~."" ~..l "~ ~ Commission deems it in the best interest of the inhabitants , t.... .... of said City to amend the aforesaid Land Use Element of the .,., ~ .. ....^ .,' J~. ~ ....,~; .. <:,:'~:~,\ ~ '\ -, " ..... '\ ....~ \, '-.. '" Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: " ~' .~ '" ".' ') ,'''i 1 ' '~:J 1 Section 1 Ordinance No. 79-24 of the City is hereby amended to reflect the following: That the Land Use of the following described land shall be designated Low Density Residential. said land is more particularly described as follows: The northwest quarter (NW 1/4) of the southwest quarter (SW 1/4) of the northwest quarter (NW 1/4); and the northeast quarter (NE 1/4) of the southwest quarter (SW 1/4) of the northwest quarter (NW 1/4); and the northwest quarter (NW 1/4) of the southeast quarter (SE 1/4) of the northwest quarter (NW 1/4) of Section eighteen (18), township forty-five (45) south, range forty-three (43) east, Palm Beach County, Florida. Subject to restrictions, limitations, conditions, agreements of record. reservations, easements and Containing 28.82 acres, more or less. Together with that portion of Lawrence Road Right-of-Way abutting the west property line of the subject property Section 2: That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. FIRST READING this tl /~ day of November, 1988. 2 " ~ r t, ---tJl day of SECOND, FINAL READING and PASSAGE this LJeC2ern.ber, 1988. ATTEST: ~ l1f~' ciZ1erk (Corporate Seal) aOp~;:;;j:ORIDA Mayor '--- ~cl/~.~ Vie ayor ~ t ?uJL Commissioner ~~~ Commissioner / I ~C~ {/C(/~ Commissioner 3 ORDINANCE NO. 88-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ~ A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM AR (AGRICULTURAL/RESIDENTIAL) PALM BEACH COUNTY TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4), SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19 in which a Revised Zoning Map was adopted for said City; and WHEREAS, Boynton Nurseries, Inc., (Citrus, Glen Phase II), has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix A - Zoning of the Code of Ordinances, City of Boynton Beach, Flor ida, for the purpose of rezoning a certain parcel of land consisting of approximately 28.82 acres (:!) located wi thin the municipal limits of said City, said property being more particularly described hereinafter, from AR (Agricultural/Residential) to PUD with a Land Use Intensity of 4 (PUD LUI 4); and WHEREAS, the City Commission deems it advisable to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land, located in the City of Boynton Beach, Florida, to wit: . ~,,~ '. ,..... ,\ ' \.. ,.,....,. , " The northwest quarter (NW 1/4) of the southwest quarter (SW 1/4) of the northwest quarter (NW 1/4); and the northeast quarter (NE 1/4) of the southwest quarter (SW 1/4) of the northwest quarter (NW 1/4); and the northwest quarter (NW 1/4) of the southeast quarter (SE 1/4) of the northwest quarter (NW 1/4) of Section eighteen (18), township forty-five (45) south, range forty-three (43) east, Palm Beach County, Florida. Subject to restrictions, limitations, conditions, agreements of record. reservations, easements and Containing 28.82 acres, more or less. Together with that portion of Lawrence Road Right-of-Way abutting the west property line of the subject property be and the same is hereby rezoned from AR (Agricultural/Residential) to Planned Unit Development with a Land Use Intensity of 4 (PUD LUI 4), which intensity is determined to be appropriate under the circumstances represented to the City in said application and in conformity with the Comprehensive Plan of the City of Boynton Beach, Florida. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: That the application of the owners and agents of the subject property for rezoning is hereby granted for the purpose of permitting the development of said land as a Planned Unit Development (PUD) specifically in accordance with staff comments attached hereto as "A". Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. FIRST READING this 15~day of November, 1988. ~ SECOND, FINAL READING and PASSAGE this A~ember- I 1988 (p~ day of CITY OF FLORIDA ~? vtc--. Commissioner ~~~ Comm~ss~oner ~t0' . ;' ~ C mmissioner ATTEST: ~~ ". I i c~erk (Corporate Seal) \ ORDmANCE 88-48, 8. t9. 88-50, 88-51, 88-53 & 88 r LOCATION MAP. CITRUS GLEN (INCLUDING PHASE II) ( PALM BEACH COUNTY ELEMENTARY SCHOOL lip" LAWRENCE LAKE . t C ; [f::1 'I ( .L. -....... _~.".I .' .. ......1 . . .. .' . "!i" ........ ~ ::,::~' :~;.~,':!\;.::~.. " '.:...',..\-:, I~': ~,' ",' ,'.. '; ~ .... '..00'~ . :":.~' <.! !.i.t 1,. , ::-!..,:\-.:. ~ ". '.~ . ~.. ". :..~l>-.~,~. ";'~, ;'i:';;J:::,~~':;":i~~-':Fl:' tiJt.n~ . 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J I I ---;/T7r , , ....,r T i ~ NOTICE OF LAND USE CHANGE NOTICE OF ZONING CHANGE The City of Boynton Beach proposes to annex, change the land use and rezone the land within the area shown in the map in this advertisement~ A public hearing on these proposals will be held before the Planning and Zoning Board on December 10, 1987, at 7:30 p.m. at Pineland Plaza, 211 South Federal Highway, Boynton Beach, Florida. A public hearing on these proposals will also be held before the City Commission on December 17, 1987, at 8:00 p.m., or as soon thereafter as the agenda permits, at Pinel and Plaza, 211 South Federal Highway, Boynton Beach, Florida. " I ~_~/~/t~W'D'D', _UNALdj ~ #" /~ L:.:: :~"'= 'T;~=::=!I ! ~:> ?:fi" "f;:'Ap';~~Ai-'ON NO.l~ / rTF liB-'I~ J I I I Ii -~- ~PPllCA TION NO.2-. ~U ~'-'~'I::ATERA'-' f L.::-,U, - ~ ~_., q.:.~,-,-, .. , I I I : APPUCA~ION N~I~ I : 0 D \ I 1- ------------j i~.~J=-.--=~ ! ~~11T IJfi+Hj'" 'I 0 i 0 d I I W; ....Jl \1, t11 [[ I l=-_,,_:.J =L-W;~'-CANA I.. ., ., -"IT'r'll ' \~, ,>r----- 1 e""'"'. mtr""" ' L' .. r:-~r1 lt~ .. J ii, .HI :[ffiic,~l ~ J~ Ir3_, - .nftrf~lll-fl n I j cb., I ,.' " : J EL1--J:g ; 0 400 BOO I '., ~. ' J.. lTll ,---'-,.. -., oj -~~ ---~ BOYNTON . CANAL', r C-16- ,'" ,." ,,"---- I ~J~ U L LL...! ~..J...~....J:"'..=rr::::1T'I"T I I' r.:;j1 ~\ Tllll /l\uJ1J---1rTrrr-r-rnr-I.l , .. ~~a.;,~~AIr!] 'I C~r.;0 G) I ~~:. ..tll,-~:;\,f;I;.t~,' IL~dJf;f.., )j~,~ 'Iif'1tl' T~ ~tl'. ') -' , i'1l.fii ~:~!f~ I - .- (< I .. , ....,,,;, . u .' ", ;},!'>\f'o"' I - , . ' ~'lQi~"}"- '--' ~' 1!~~ \!~\~ ---'"\- '~-~ ~' , '~l 1 t' r-'\,'" I -, :' Q \' I," ' .,)'. ,j~O! .,'. R, --- I --/' I: \ \...-( l (:\ \ 0/" , ) ~'" )~ . ~ ~;. ~ --j()d~ j' : n -,'1~~- Ji jI0~-.: - , \. .'= , tTf~[ 1:,0" 'I I, C ~.~~ (L .,,,i L CTh C, ~~jl f-'-~ r--JI ! 1--": APPLICATION NO. 1 APPLICANT: Intracoastal Development, Inc. AGENTS: Michael D. Gordon, c/o Boose, Casey, Ciklin et al. Enrico Rossi, c/o Rossi and Malavasi Engineers, Inc. OWNER: Boynton Nursuries PROJECT NAME: Citrus Glen - Phase II Addition PROPOSED USE: Planned Unit Development consisting qf 106 single-family detached zero lot line units on a 28.82 acre parcel with a density of 3.68 units per acre and a Land Use Intensity (LUI)=4.0 LOCATION: Lawrence Road at Miner Road extended, southeast corner REQUEST: AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - Medium - Medium High Residential (Palm Beach County) To - Low Density Residential (City of Boynton Beach) REZONE: From - AR (Agricultural/Residential) Palm Beach County To - PUD (Planned Unit Development) City of TIoyntou Beach - \ '3 5907 P'3 669 N at ice 0 f Municipal Annexat ion FROM: City of Boynton Beach, Florida Please be advised by this notification and attached location map, that certain lands have been annexed by BOYNTON BEACH, Florida. Information contained herein is pertinent to the area in question. If additional material is required, please contact the office of: THE CITY PLANNER. Name of Development/Owner: CITRUS GLEN PHASE II/BOYNTON NURSERIES. TNr Ordinance # 88-48 or Special Act of State Legislature: Bill # Effective Date: Area of Subject Property:l,255,399.2 Sq.Ft. 28.82 Acres Estimated Present Population: -0- Estimated Number of Existing Dwelling Units: -0- Estimated Present Residential Density: -0- d.u. 's/acre Zoning: PUD , . Density Allowed: 3.68 d . u. I s/ acre Existing Type of Development: Tree Nursery Proposed Type of Development: Planned unit development consisting of 106 zero lot lin€ single-family detached units. *Owner or Petitioner *County Commissioners All City Departments *County Planning, Bldg,Zoni All Utility Compan~es *Area Planning Board *County Tax Assessor Chamber of Commerce Bureau of Censu"3 *Secretary of State *Clerk of County Circuit Court to receive copy of prdinance *Supervisor of Registration *State Beverage Department *State Department of Transporation Attachment Location Map RECORD VERIFIED PALM BEACH COlJ.~T~. FLA JOHN B. Dur.".L.. CLERK CIRCUIT COURT 0-1 '<:- ..><:: ~ .::::: c.> <....> Um rJ ~,CO ,,~ \ ,~, "", -~ ~~ - r 'l- ":' ,- I '.~- .....- ~I '. '" '/I \/ \. ..... ..... ,- -J "1'-, '- I \, -. co ,'> )\ ',,-} ~1 ~ ,-....~ <'C '"T.::I .-= ..2 ~'- u c: ...:' 20J a.> ~ -. ~ ;? =~;~ ~ 0 " ....( t+- --. . . '? .~ 0 r- ~lIS5~_ .;{3f~-t3-1q8q ;J3~ ~~ .... ~ :-\~"""'~::-J \\1 ,'.:) '-f - '1 b --, (':)1.J -;' ,.,,..,,.., .: .r""'",..-, ~,'.~ .:-_~, C"_-:.r.Jo h_' , \~.;r:.~t C!lt_; 7 -, . - ~_. Cor :.""\.: :~: :~ :r':1".j ,r. :-;.- ;. ~ uu t::'r:, , -,' ~ ; :f!:~' _ Gi.3~~~f<~_E ~ ~.~.Li:;~~( - rOo .~ .'"'\.t ,;.. :.-. , :_.\}~)p ! 1 ~ : 1 - '-~" "",,,,,\ ,,- ~'tfl, I, ;'Na 1>.,~, 'T, ~... i\ '~4 ~t., ... tl\~ ~ ~_nY~2., ~I ii D;" ~ ~- i1 . .}~.... L LP ',~ 'I ' 1 c:t, f JUNE ','fr~"" :!Z"'h,'tm~rt+ rnoo;z 1;'.lS _.;r'" dCF} c' --,--~._-~ r.~ I. t >\ -n.:..tt ~.t...P~ '-...4; . , .... !_. '4' ~ J', . t""(i',f"lJ ,",'ff---e''''p<,: ,.., ...,......"J,..., 1."'I..'..r'''''1 !:i'.r..n'......"hli4 i'-j"" L.:._/~-'{a.u.J .. .....1 ~~ -.-~ ~'--"''''r _ ,tw._ .'Io,.(~~ lroI"_ j~ ~ I 1.:.1 ~ -<...1.... p, ........ fj",~:. ': ~~~('t, and thq, i:'it.ij of Bo",'OUHl IlPcrLh.. ~loridf1. as ~~.LQri..i .f::JO:r1lt. 19139, b~+'wt:;~n por'ty ot the pori:y cf thst t31 't' r 'it fr '"-,' c. t t'i~' . T h ':l i: -t h t:: s aid p u (' t)' Q 'f t h G: f ; r' :; t p Clf' t 1 me" n $ i d It r Cl t ion 0 f "\1' t ;.q. ,y ".... '.. th~ sum 0 O,'~ ($1.00) Dollar' und othrLt" voluubl.st. con!SidG:.l"'otioi1s paid, th~ r;:c~ip+' of which j~ hfl.r''ltby ocknDWI~d91'1d, hftr'flby gr'clnt unto thet s~cond pOf'ty, its suct:~S$rJrs cmd o$sign..>; a p~rpottua' CtOS2111Ctnt and right~of-wtly for" th~ purpo!i~ of a public.: utiliti(Z.s c.aS2tns:nt, OV l:t 1"', upon, und~ r', through and l.:icrcss th~follo\ldn9 dltscr,ib..:d land, .sjt",lClt~, tying ond b~;n9 in PCllm B~~ch COI..Jn.ty, StCih~ of Florida, to W!'.l:~ , " 'J P:-ope,.ty mete particulary d~scribed hereto Cl:id m;:;de {; t~~lt hereof. I ' ~ttached . m SCHEDULE H A~. .... ........ ?; (: 1;' ~ l,i .:-n('l t;, t,'~i' L'r t r: 6- f\',.1,.11l,' tt!, lmi:c thtt .s~cond porty, it;; $UCC1l.;~SCJi'S !)I ~ 11..""", ~ ~ t-'-) ~. '.i I; -.i ~ w t J.~ .~ ~ '"74 t one.-! Q~$i9rL'" fCl'~vr:.r', ' ." I,.;. . . ~ \...' ~ "A t '} .,.. t, I.. '1'"'" q ., i r 'll f t " & ~ w, lW' r t. to ~ l' ' ..> Q I Cl P Cl r -, - ~ t Ii:- l. - I. "i' \.4 ~,.,;.l-..~", ." ~ .. ~ 'J 1, t h '/. i ~' j ~ __ ~ -'; (.1..i fJ r, t ;-. \t d l:J t ~ t! r\ $ t cd~ O\.,i ~ 'i,~i f" i t t ~ r; . i-I (:l i.t htwir'9 hlt.l"'~un.to :H~t ;J~ ,/ ... .:; -" :- ::.r:::.-:"" r _c~ / ." ,- .. - 1 .., - -." - .. - ~ .... ~ - \~. ...~:' -'. .. J~::::'!:l~:_ At-&.. r n(/WOiJL ~)'~ (; t (' l}.t F { (~\)- ;r-L::;: :jClH'~ t \1 (yf ..1 -, f\::d rYi B f:' ':;, en: ..,. JANES D. STURROCK, __JR. a~ M1:!tlC!giT!g .IJar'ttlgI()f, ' .- ""..< -:: '::- BOYNTON NURSERIES, a Fiorlda general partnershlp' ~ .-? :.- ~-.: ~i-:: ',-....;. - ~~:.: .1~?~,_ ---:- ....,... '-.- ,-?"~-" ..::: "-...~ t.~.-:::: '.:-I'~ _.:::' =-- . .-. '.:?..": -? -It:.' . _. - -:; ,'''::; ~ Wi ) ,'!'!" -<},", ,,J-, :- {'r JI!I Ii;;; . :;(~:~ ~ ~.... ~ v.~ ~ -',~ ~~< I.S<C_ '__ J~~----c'c, .~:X....c~~ .,. ",#,..tii:~':""", '!' '" e. .' ~. '". . . . - . . . . . .. ... . . . . ~; ,.;;..~/ LOIS M. KASISCHKE My Comm. expires ~, 27. 1992 Il<>ndild IIlru Hol.rv I'IIbllG U'lwwrt1ln t'\M'-, "'Jt't.~ t.~or;C;l ;.=J 1507 ~ .. l- ~ "!/ ;( 'l . 1'" " . if ',~, .' 1 -1:; ~ ~ ."~ "'H~ .1,~J( l! :' .~ ? <t) Jf" I ; ~~, . ~ ~!I" :~_ .....,1 ~ i:: ,\ .:. ;.:- i'yl r: d T p;.::: ,. RiD T ;t ~'I...1 }~... .r'-. ,J.... j .._ i 'II hI :.. V '--,3 I f I '.:. '\,..J i A ';:I t t'i pOi' i and 20,0 f e i; tin wid t h l yw 9 gl.~r>;e'r pj~ 1/4) ,."f "'':''C''I''''1''< 1~': Tlo~\/rq~t11'\""< rl ..0 I W... .. .. ,..._ t'" ~ -..J "'~ \r >J. 1 ..:td' ! i"7 ~ , ;.1 t '*" t.:!:.;t. Palm 8t:;1Ch COUiltV, Florida. Sfdd 1 . lA, .~ 'I , . te::;;CjlC'a\-l j;'3j T0IiCW: 'Nithin th~ Northeast 45 South, Range 42 strip "f land being 'rl"lf~ 1.~ W:ist 20.0 f;;;et 6) n q 1 ,; :: ~>.. , ..., ~)f tho: :?ast 60.0 f~et {as meastlr~cl the e~~-st line (f the fO!!O\Ning " " '... . -l."t;: -, 17<"1d t'! ~ r ,.. L- 1 c~;;:, J'" ;~ -e I" I' I ~. ~ M I Ii h ~ 'J v "', ,'; !-" -~ ti t:, , f" h (",!a """- r: 1 ..t..-1 r. .:.JI 'b,; ..) _ \-. ~" 1'~. '\:i _,.. ,-,,,.,- ~ 1I ."i"r~ J . -.J wr . f '(OJ''' D., h! ,,.. F"~ C . -- '1" i: rl 1 W ' ; i'-- '.' t r I, 'l'.j &' . ~; 'k t: J ,;.....' l , ..... I ~ ''; I ',,; J) ; '" a j m """ e<1 c n I., \) w t11. V! r i f] r ; I.,~: , ,'t r!grn {1.:~ S (: f ~ t~ e 1 o ;~) !~'~ 1:}}" R "r '\ ~ j \..-' ~ ..,...... ~ , t.., - - '-"'; j f) ';-I'-iN '.J t ) \"" 1", j: !. \.. T ,- :~ i,' 't ~.: t 1",; ~'"1 0 1 f (2~ ~ I 2) ;:r~ tlH i"'" . . . -) C U 1; ;"1 '-'j t;; ':: r otJfLr"ltq r' ($ \.V 1;' a) I !Jt thlLt ~~ "';~ ~.1~n~~ ~jl;:'.l:'"I\~~~ !t~~~., ~ I ~'"}l ~:: r;: '.) t 1-' ~ n,~ en,: ;::H~ t.,., r {S f. 1 i 4) f"J f t h ~ ~.. t'tf ~~- ,r, ~ :"1 -= n ~ t r-;", ~ "j ~~ T t:- j"': (r~ r !,/ 4) u S'J!~ t ~1 ~ .S ['I t.' :: t.. i~;l ~ i~ c I + {-;.: 1, ~~) ,- f 't~., IZ. i-,: ;1 ,r". ~~..~ ~ r'~ ;; 1; .~ ;., -: :1 ..'1 ..l~~ ;:.. t-":- (;.. , c- , .~ .. 1 /:.1) n f ~.4 ~~ ~ ?- ~ :J '(- t ~i i; ~"'l!". t g u ~ 1~ 'i: ~ ,~ U'.JE I, J:! I, 'lH :r1 s:; ,.- ; : '.j r1 I' " ":''''"'' ,- -!.,' ,;.I, '" "., ~ "Ip ; F,. ~~ .0 J) t '-, . ~C"tll.? 4? ;:o~t. Fcdm e~qch COUtltt..Jl j, ~ 1 :;.~ : -i 0: Party of the second part, in consideration of and by acceptance of this Easement, does hereby agree to indemnify, defend and hold harmless the party of the first part from and against all claims, actions, liens and damages arising from entry onto the above-described property by the party of the second part, or its agents, employees or contractors. IT IS UNDERSTOOD that should the party of the second part abandon its plan to use the easement area or terminate its permitted use of the easement, the premises shall revert back to the party of the first part and the party of the second part shall return the Easement Area to its original condition and remove all of its improvements thereto. RECORD VERfI::ED PALM BE/,(,H COU!'1 f'l, n,A JOHN B. DUNKL:: CLERK CIRCUIT COURT ~ ',.. :-\ ." ,.."! ',", , , '..'" -, '. t~~ '.~ , ; " '-~ '..A '-~ '- , '. , lif.:, , J oX '- .r::: ,~ u ,u~ ~z:.m Nuc:: " 0 ,-- - OJ c;::. '.J '\ ..c >. ~,'~ ~ -+- ("", ~;;:, '0 a:, ,S? :: '+- -.... 0 j QJ <:) ""l_ ~ j .~ ~ ci ~ --<".;Si::)c..:d5 .rjr~-! S-1939 '-, -,,, of -! _ ,. ~J.J~ i ll-liH 39--16~2C 1 i:: \ (~~:B .r r- :-'_ J'i r:;- ~~ n o=_~: ""7 r'-:; J~ _f-UC~ ~ \..un .I f-~'-' ..... i a UL'~ uOC .j1...ir1;'.j --: ....:~:.::.;r- .-.l~--=.... _.~ -:: '_Hji:'~r;'.Lr.. -; \....L.:.r:.f~ - :r.:~ ":... ':.1-:-1..- . : \..:1..: ~ ~.~; 7 "4 "',,- C ~,,-l {) ~ \j ,"' f"'\ "0, J C <"~ ~g {"; - ;0 t J r '''It''' 1 '0' J E 1\ ~n C !t..A E'" 1 T' ~ ~'''' j"i'l J U l'l ,l...-~ n 'J '.. 'lJ~",- ~ ~ ~ ~ V ~ } R t ' N l'~h:J 1.. f WJ j~l 1st June ,tr 11l ,- $! ) ,.. ~ ':':i ( ,.., ! m !,;Hh:. t h i ~ d ~ y 0 f -. - - - - - - - - ',~.~':'~.,.~, /- '\~_,~~", ;;.',)11-;",,_:.,4,1,' ,'..' '" ~_l,,'" .,I,...a..< ..... ......... ~ ..Jt.Jt./...J...d.'ll ///,.. J ..:':".", "f_ ",~. ,j.,..,il JA.-4~ u.r~~'.i Lli rtlrt(1~r~>1ja. u5 ~ . . l' : I ;;:t iJ :.:: r t . tlli d the ['i !:t~ ,] l j].] y n I:. D ; i B i.' a ' i!, f::: a r j d u , 0 .s .::. c; C ~:'hl p ~Y' t, 1989, bl:dWlZ.\t.n ptn' ty ol~ th!Z PUt\ ty of th~ J~il'llPj}C1:'~il.. -ni.;J! th~ ::,'i;cl ;..1LiI 1:)/ cd th~ T:l'st pUr't in con~id~('Cltion of ,!i}.\,..t~.;::;...H' ' , , tht'.. '::;~H~; of OiH.:. (:;1.00) O:.)H'~i;' :'11,J c;J thzr _'C;:;tlb11l ctlrlj;id:;::,'otwrlS pojd, U:~ ('~c~jpt :J~~ ,.vhit:.:h is ;1zrz!..IY !::!:';{nc'~'i:.td9~d, hltt"iliJy 9r'tH~t unto tn!Z ~ ~ .:; Cl Ii d pc: " t y' ,aT E t,1 P {) R IHL' :it CI ~ It i'n ~ n t f E 1" 't h ~ P u ~ po:::; ~ 0 f CC!11:i; t("i.i:tin9 0 cl('ahw9~ ell ten, O\)~r, upon, lmL:h~l"', through Ol"'ld t1crc~s thi:. following d~~u'i:b2d lund, si tt,w t~. lying Clnd l:lll!n.g in PO/1f1 t'i I.. ~ S .t >4' , d ' u~.::iCn l..ountYI tt1t~ 01 r-L:H"'1 el, tC..i ';"/li:. ',' "-., Pr operty more particu:af'V d€5cribed '. > her~to and made a part hereof. , ""rl't-OIJl f'" m ,,) ..A1...,1! i- i:. .t A It attached '" :.~ Si::id 1'EMPORARY >:!.O:'-~l.!m.\i:f..t '" ~-." ~.. ..,. .... 1,:..;:!1 t~r'..rt1inotJ:. ottd c~~~.:. to .:!.x.::ht c:t ct:ln'ipI2tjLn1 of th~ Jrf.~h'1~~~~~ ',J ci ; t ::!i ;';;,.; iI ;J; t; t" ..i C t j 0 n , ':[ Q ,b a ~ t. ;lU 0 .t tl b I~ 1 C t Il r ::::nu'c.s::;i911S rcrlZ\,'z.r, l'{'jt.~ th... .'r1,- "n"~ '-~""''"~y ....-. ,-, '"- 1 ~... __ till. .... _.I ~........ c...l> ..... .. L __ I. .. oot-' .;..- ~'-~~1~ J... ~1- ~t~ t 3t...;Ct:~.s.sOr~ ~n 1!'1 tl1 ~.'i~ 'fjl~, ~ l"'Vllf, ~ojd p,jf't/ ..; f '.:n... fL-. .n: 1.'.Jut;t ~}. i~J,.\.t~v~..." wlJ~~l"Y,~' th~it\ hCirict.s Of~ 1:11:.;:. dc.t~ fit,:.t:~ Gb:..v,::, "...:< ;:b,:', ~'~ a ~..i i 1'1 c: tl Z i~ i2. U r: t D 'J '" ,4i' .. ....~.. -'~ = ..,.... c~/ ... _~~~C~~~'un A1~i{, S; HV1'Y:Yt.Jt- ' (j.~Ja~~g:!-ng _Pa~~~e~ - ---- -- .~,-- -, ,.--- r i ; . .i'__ 1 \. f t . ....___ 1. t Vi T \~ c~' i" . ~ J t; G [~ '.J. ~ .~_ ~ . . :~'= ~7~ c=':: ':c~::;~':~e'~~ J-~~T~-N-- ~6~~~~fis-.}~"Fi~-ii~~a'}~-~~r~ir{~~tn~tship: " .....:.. ','1..,. ... _ "I :-- ... _._ _~d f-?-::.~ _-:- '. =j..;.J ;..I..r< =- -:::.:,_.....e'~ "'.-J~ ;.:~.'e:..~(.t:~': ,'-::'. - , .:,;::; '. -., . ..!l ,-; ,. ,- '-.= ~'1_. r - r-....- -- .,.;-. -= .::-.. ".:;f : ..::i:'" "'~''':: ::~t-l~~ f.'" ....._ n- --;i . _:...: _ :.,:.-1 -t~1 ~~ '1fr 11{:Ir, ~ ~.~: ~ iU t~ \.d.' ~.:l~ , " /~L,:/L.L. '1fI!:'- -- - - ~- -- . ~~~ 1ft /~if~ I~-f' ,~ - -.- --- - cO N "<T ("'<") ("'<') .;:-..: c:: ..,';:;ii',""',.. "~'"'' ' "~j" '.', :. '. ~ 1~<, . ~:.} , "" ~.' ...\....... LOIS M. KASISCHlCE My Comm, expires Dec, 27, 1992 BOndllll lII.u WOLt,., Pvbli( Uld.,...rtltnl co -0 ...l._ t GRB 6099 p,~ 1509 ~... !~ -- ''/ }'~ ~'\ {J 't ~-: H 'r( H ~.., -" ~ J .,,7 ,!J' ~-" 't-~ , ~,.~j..... . -. ,,- ~ .. - - ~ ':r- . ~~' be, '.C" :,E,.,,:-i TEMPORARY EASEMENT DESCRIPTION P; :;tt ip Jf bnd 20~O ret't in width Ivinq within the Northeast glH=!tter tNE,.!i 4J of 'S,::ction 13. l'owtlshG, 45 South, Range 42 East.. Palm Beach County. Fl'jr'ida, Saict'strip of land being de serl bed as folJo w: The west 20+0 f\?et:>f th~ east 80.0 feet (as measur~d at riC1ht ;,ngles to) the east line of the fc.\llowing d~5~rrb:( p.arcel as, described in 8oo~~ 5J25~ Pa~e 1788 (1' tne Pvbl!c RecJrdS of Palm 8each County? FlorIda: PPnaEf..?T, \( nC'::-('PIPT1{)"J , f f '.,,1/' ," ': t ~ ...... !.. .J .,..,. J . ~ . . .r. ~ Th2 SOLlth on~ hajf <5 1.1 2) :::if th~ SO::..lth'N!;'~t t'ju:;14,.t~r (SW 1! 4) of th~ Nor' th q: r;l ",'I: que .,", t ~r (Nf j /4); Thll. S:cu'th ~os 1: ,::p..n,r-t ~r' {Sf 1/4) of t hi;t NOr'thv"t1st CjucC'h:r (NE 1/4) and 1:h~ South on!Z holf ($ 1/2) of the:. N,,,,,...t~"!:!"'!,~o,,t ...."-..,.....n.. (11,;1= i .Ii)' ,..,~ ,;.L", I>..,...""~l...",,...,..... .,...u....~t..,., 'N~ 1/".1) ,.,11 l'~ ~ f . J ", \.... ~ ;1 ........ :,. ~. ~...,.", f .. ~ -; -,.... I.. : J y ~ \., ft .. t'C ...,. T - '"" 1 ~ ~ :;....,1 ~~ ~ "1 '\rlI , ... i. " .. -;r-, '. ~ J;"--' : J S14c~'i';:lq 13. T("ri..:n~hjp 4E :~:cuth, Po"'gP.. 42 F.rl~1:. P.alm Btitvcn Cour.tV. r:'cridg, Party of the second part, in consideration of and by acceptance of this Easement, does hereby agree to indemnify, defend and hold harmless the party of the first part from and against all claims, actions, liens and damages arising from entry onto the above-described property by the party of the second part, or its agents, employees or contractors. 1; ',.. i: RECORD VERjFIED PALM BEACH COU~ITY, F"' ,A JOHN B, DUNKLE CLERK CIRCUIT COURT ,.,. ,'-~" THIS IS A DEED PURSUA~T TO A CORPORATE DISSOLUTIQN AND NO ~ DOCUMENTARY STAMP TA) S DUE AND OWING PURSUANT DEPARTMENT OF ","---,., REVENUE ~ULE l2B-4.14,9) ,(U --I, Ul N U'l ", -...0 00 CD .::r N iE M , (..) l.LJ c::;:) -.oe_u.., tu ,. . SOt/!. . I.t.u,tbl. T.I ,.. Cl.~rl.rttl "'1...9- THIS WARRANTY DEED made this 1J day of December, 1986, by BOYNTON NURSERIES, INC. a Florida-corporation (hereinafter called "Grantor"), to BOYNTON NURSERIES, a Florida general partnership, whose mailing address is 1425 Wilkins Avenue, West Palm Beach, Florida 33401 (hereinaf,ter called ':Grantee"). ' ! ' I \ " WARRANTY DEED (Wherever used herein the terms "Grantor" and Grantee" incluoe all the parties to this instrument and their successors and assigns) WITNESSETH: That the Grantor, for and in consideration of the sum of TEN and 00/100 Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto ,the Grantee, all that certain land situate and being in Palm Beach County, Florida, more particularly described as follows: ~ The Northwest quarter (NW1/4) of the Southwest quarter (SW1/4) ~ of the Northwest quarter (NWl/4)~ and the Northeast quarter (NEl/4) of the Southwest quarter (SWl/4) of the Northwest '. quarter (NW1/4)~ and the Northwest quarter (NWl/4) of the Southeast quarter (SE1/4) of the Northwest quarter (NW1/4) of Section Eighteen (18), Township Forty-five (45) south, Range Forty-three (43) east, Palm Beach County, Florida. TO HAVE AND TO HOLD, the same in fee simple forever. {2/:jO ~~'-,; -... , \,)-J ~ - ::t- OO r ~ :L Ln 'U -f .n :c TOGETHER with all tenements, hereditaments and appurtenances, thereto belonging or in anywise appertaining. SUBJECT TO restrictions, reservations, limitations, conditions, easements and agreements of record~ taxes and assessments for the year 1986 and all subsequent years~ and all applicable environmental, zoning and land use ordinances. AND said Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above wri~ten. Signed, Sealed and Delivered: in the Presence of: \ BOYNTON NURSERIES, INC., a Florida corporation :J~:JfUA~ ames D. Sturrock, r., President 1J1Ju e-\iu/YVt{j}--- /Of~~-~ (CORPORATE SEAL) ... 'i . ~ . \ I' ~ '.'1 .~ .,,' ~',:'..~.f .'.'. .~~..: This Instrument was Prepared by and , Should be Returned to: "j w. Glenn Dempsey, Esq. Gunster, Yoakley, Criser & Stewart, P.A. Phillips Point, Suite 500 777 South Flagler Drive West Palm Beach, Florida 33401-6194 l: _. ~ to ,> ....1,'. . .' " ", . ~. , ' ~f, . ", '. ,:':~,:'~:' ; .. "" t..... " . ' ."", ...... STATE OF FLORIDA COUNTY ot PALM BEACH ) l.ss. } tI ~he foregoing instrument was acknowledged before me this ~3 day of December, 1986 by James D. Sturrock, Jr., the President of BOYNTON NURSERIES, INC., a Florida corporation, on behalf of the corporation. My Commission Expires: NtHARV :'U311C, ST~TE or flORIDA MY CC;"M;~~;HW EXPIHES JUNE 22. 19M 9306D , ) of It. !l-- Notary Publi at Large 2 Florida '... t....:..""...,:... . .' . .',. ", ( NOT AR I AL .S E1rt ')~; ',' ':" :'.,,~', :>".. .' ".\~..'" ,:,. 't I (.' .'!~. :', ':':. l6 .'::::> 0 c-'J : , , ~ ,.........., I.,. ,.....' . .... .., . 'to . " Of" ........4...... , " . .' I . . . . ~ 4 . .. RECORD VERIFIED PALM BEACH COUNTY, FLA. JOHN 8, DUNKLE CLERK CIRCUIT COURT -' . .'- - THIS IS A DEED PURSUM,l'J" TO. A CORPORATE DISSOLUTHul AND NO DOCUMENTARY STAMP TAX 3 DUE AND OWING PURSUANT _ DEPARTMENT OF REVENUE RULE l2B-4.l4(9) ------~ ,. ru .~, tn ru lJ1 fTl -..0 00 <.0 .::r N -- a: ('i') C-' LU <:::l c..o 0:> 2? QOD -~'-'; ...... ,C;-J ~ - ~ :t- Xl ~ L n u -; n :J l>OC__Ur, Tu PI . ;; 0 $ WARRANTY DEED. tllulIllbh Tn Pol. C[.~~~'lorsta "1.1,9- THIS WARRANTY DEED made this 1~ day of December, 1986, by BOYNTON NURSERIES, INC. a Florida corporation (hereinRfter callen "Grantor"), to BOYNTON NURSERIES, a Florida general partnership, whose mailing address is 1425 Wilkins Avenue, West Palm Beach, F lor i d a 3 3 4 0 I ( her e i n a f ,t e r call e d " G ran tee"). . I O'lherever used herein the terms "Grantor" and Grantee" includ\.~ all the parties to this instrument and their succ~ssors and ::2I~~';""""("'O' -.....-- ::r'."-..J I vlITNESSETH = That the Grantor, for and in consideration of the sum of TEN ~na 00/100 Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain la~ld situate and being in Palm Beach County, Florida, more particularly described as follows: '. The Northwes~ quarter (NWl/4) of the Southwest quarter (SWl/4) of the Northwest quarter (NWl/4)~ and the Northeast quarter (NEl/4) of the Southwest quarter (SW1/4) of the Northwest , . quarter (NWl/4) ~ and the Northwest quarter (m-n/4) of the Southeast quarter (SEl/4) of the Northwest quarter (NWl/4) of Section Eighteen (18), Township Forty-five (45) south, Range Forty-three (43) east, Palm Beach County, Florida. TO HAVE AND TO' HOLD, the same in fee simple forever. TOGETHER with all tenements, hereditaments and appurtenances, thereto belonging or in anywise appertaining. SUBJECT TO restrictions, reservations, limitations, conditions, easements and agreements of record: taxes and assessments for the year 1986 and all subsequent years: and all applicable environmental, zoning and land use ordinances. AND said Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, Sealed and Delivered: in the Presence of: \ BOYNTON NURSERIES, INC., a Florida corporation Byn" q/.2~~::ffiV1~" J~ames,D. Sturrock, r., PresIdent !Ju-u c;r;7Mrcrr p~~ (CORPORATE SEAL) I . " . .. .. ..1........ .... This Instrument was Prepared by and Should be Returned to: W. Glenn Dempsey, Esq. Gunster, Yoakley, Criser & Stewart, P.A. Phillips Point, Suite 500 777 South Flagler Drive West Palm Beach, Florida 33401-6194 I '.J '., ,. " , " ..', '. ...... ..,...,' . STATE OF FLORIDA COUNTY O~ PALM BEACH ) Lss. ) !II ~he foregoing instrument was acknowledged before me this ~3 day of December, 1986 by James D. sturrock, Jr., the President of BOYNTON NURSERIES, INC., a Florida corporation, on behalf of the corporation. My Commission Exp~res: NI~!f,(lY :'1I3UC, STATE OF FlOmD~ ~,f{ r:;C;\;t.1:~~,:~W UPlHE.S JUNE. 22. l~ 9306D U. /1- Notary Publi at Large Florio.} . ~. j" ':' '.:" '-" (NOTA"''''''~ r>J::'J'.'T")':'" .,'."" ' . ~ - n~..-;..w ..~...,.c;1.w ___I ' I " " .~ .'. r, 't . ( f' . . ',' \.~ ~. . . . . '. . , " I::' 0 c:"" .....:..{~. I , . . ,.. ..' . .... . ',' :' ...\ ,.' '. '-., I........ nECORD VERIFIED P^LM OE^CH COUNTY, FLA. JOHN B. nUNI<lE CLEHK CIBCUIT COURT 2 ,I ,~-:." THIS IS A DEED PURsr IT TO A CORPORATE DISSOLU':" 'N AND NO ~ DOCUMENTARY STAMP TAh IS DUE AND OWING PURSUANT TO DEPARTMENT OF ~EVENUE RULE 12B-4.14(9) . (;U --.' u:l, N U'\ ~ '..0 00 U) .::r c'ia if - ('I') ,(.) L&J c:;) i \(jOD, r~b? -~ ::t- OO r -i ).. ltl '1.J -i ..n o ,- ~'I'f ta t.' SOd!. WARRANTY DEED, r.ulI,nl. T.. H. EXHIBIT "AIf Ch~'l.fl'" THIS WARRANTY DEED made this 13r~day of December, 1986, by BOYNTON NURSERIES, INC. a Florida-corporation (hereinafter called "Grantor"), to BOYNTON NURSERIES, a Florida general partnership, whose mailing address is 1425 Wilkins Avenue, West Palm Beach, Florida 33401 (hereinafter called "Grantee"). ' (Wherever used herein the terms "Grantor" and Grantee" include all the parties to this instrument and their successors and assigns) WITNESSETH: That the Grantor, for and in consideration of the sum of TEN and 00/100 Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land situate and being in Palm Beach County, Florida, more particularly described as follows: The Northwest quarter (NWl/4) of the Southwest quarter (SWl/4) of the Northwest quarter (NWl/4); and the Northeast quarter (NEI/4) of the SouthWest quarter (SWl/4) of the Northwest .,. quarter (NWl/4); and the Northwest quarter (NWl/4) of the Southeast quarter (SEl/4) of the Northwest quarter (NWI/4) of Section Eighteen (18), Township Forty-five (45) south, Range Forty-three (43) east, Palm Beach County, Florida. TO HAVE AND TO HOLD, the same in fee simple forever. TOGETHER with all tenements, hereditaments and appurtenances, thereto belonging or in anywise appertaining. SUBJECT TO restrictions, reservations, limitations, conditions, easements and agreements of record; taxes and assessments for the year 1986 and all subsequent years; and all applicable environmental, zoning and land use ordinances. AND said Grantor does hereby fully warrant the title to the Property, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above wri~ten. Signed, Sealed and Delivered: in the Presence of: "....... BOYNTON NURSERIES, INC., a Florida corporation flu.u Flu-vv~d- j2ff~~- ~ ames D. Sturrock, President (CORPORATE SEAL) 'I.,. ,.', .....' . .': 'f' "'~~:'':''I''',,,;,,:., ~ . This Instrument was Prepared by and ; Should be Returned to: ,) W. Glenn Dempsey, Esq. Gunster, Yoakley, Criser & Stewart, P.A. Phillips Point, Suite 500 777 South Flagler Drive West Palm Beach, Florida 33401-6194 {..... : ? .. -.. . 'r,t"'" . ." ,', ", -., ;~~>< ; ',' '\. :' ' ~ ,.. "lrl.' It', ',.t..,,' , . ". to... ." ...... .- .. LIl co r- ..... 0- t.n ru -i U1 00 - .. ' .. STATE OF FLORIDA COUNTY OF PALM BEACH ) Lss. ) , ~he foregoing instrument was acknowledged before me this ~3 day of December, 1986 by James D. Sturrock, Jr., the President of BOYNTON NURSERIES, INC., a Florida corporation, on behalf of the corporation. My Commission Exptres: NOTARY PUBUC, STATE OF nORIOA99(t MY CG;,lM\SSION EXPIRES JUNE 22. 1 9306D ~'- ---, Notary Publi at Large 2 tt. /l-- , ' . "":"'?'<:~<:'" (NOTARIAL ::SE~t( " ".,....,\/'.., .'. ....~\:~.4~:..1 :: ./!.: . :". ~; ;\:\,.~(:~ .j . 'I. '~... .. I . , I . , ... . ". """~", ,.. I..... .' " RECORD VERIFIED PALM BEACH COUNTY FLA JOHN B. DUNKLe' . CLERK CIRCUIT COURT , ' . . ~ ;:;:"ot.\?,:t~cn, e~sements or ,-i'ijhts-oi-way, rOad\'l~'l'.5, recre~t1.:>n and pari: areas, school sites, and other public improvements or dedication as may be required. (10) For .rezoning5 to plunned zonln9 district. (PUDs, peDs, and PIDs), the specifi~ requirements for submission of applications for rezoning 1 such dlstrict~hall also be satinfied. Copies of evidence for unifiec control and development of the property, a. well a. condominium, homeowners', and property owner.' Association document. shall be submitted in three (3) copies for planned zoning district.. Furthermore, all materials required for a subdivision master plan (in ~ copies, including survey) sh~ll also be submitted. III. eeeb!~eI!Q~_E~~~~ Fees shall .be paid at the time that the application 15 submitted, accordinQ to the fees which have been adopted by resolution. fee schedule is attC\ched to this application. All fees sh~ll be paid by check,'payable to the City of Boynton Beach. IV. g~BI!E!~eI!Q~ (I) (We) understand that this applic~tion and ~ll plan and papers submitted herewith become a part of the permanent records of the Plannino and Zoning Board. (1) (We) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unlass si9ned accordin~ to t~" I~cuon" low.. _______:1l~ ~~~-- ~_ _~~~!~~!~_ti~_~t~7 ture of OwnerCs) or T u Date uthorized Principal if roperty i owned by a corporation or other business entity. '. ... J. eY!HQB!le!!Q~s~~~~~~ ~~~JZ~--~~~~. Si~t~~;-Of Aut~orlzed Agent (1) (We) hereby designate the above signed person :~~~~o t~IS application. 5~9-ature-of-owner(slo~~stee. r Authori~ed Principal ~r~~operty owned by a corporation or other bU\itnec.is'entity. March 25, 1988 ------------------ Date . . as (my) (our) authori:ed ... ,.,' .3 J 2...>#' J ;/y ____:L_~_________ Date ~------- .... P14nntn9 Dept. 4-86 page 7 \ .,.""'-~ .",,...,,- -' - NOTICE (_ ~ LAND USE CHANG~ NOTICE OF ZONING CHANGE The City of Boynton Beach proposes to change the use of land and rezone the land within the area shown in the map in this advertisement. A public hearing on these proposals will be held before the Planning and Zoning Board on December 10, 1987, at 7:30 p.m. at Pineland Plaza, 211 South Federal Highway, Boynton Beach, Florida. A public hearing on these proposals will also be held before the City Commission on December 17, 1987, at 8:00 p.m., or as soon thereafter as the agenda permits, at Pineland Plaza, 211 South Federal Highway, Boynton Beach, Florida. , / / I! i ~ j "'--' ~1 . . ~v -i.1b lW.O'O' _.c^"lAL .": 1 ,J ~-7l ./ /1 ---1 --, I ~ClTRUS_GL ~/?) -,r.[-.I.. m~'~ I ::::::::-- ..!y' j ,1 ~.:'..r-'~''''' I ' ...,P J"'T~ .....,.,..,..-, , ~--_. - -I ,- 8-1j~n"T'ON NO.'.... ~-lplp[lCA tlON NO.2 ~ :- ~PPLlCA1;o::_~-1'~ I I 0 I I I __________----1 I I 0 I I -:t...-w.i)~--.c.AN.A L.._ ! ,- ,pM111Tlnr-T &", I ~~ ~ 0 .00 600 j ---- BOYNfl>NCANlli fC~6__" =-::-~u_ 1 ~..!-L-...L...L.Ll...LU L' , , ,'f-n-r-:r:ccrTIll J II! "".=:0 ill 1111 7 Nlllr-irrn ;r I 1111 II ),;1~',i;'; : ,~; , " ~~i)J'~ .~~ --.- r--ll . r--= APPLICATION NO. 1 APPLICj\NT: Intracoastal Development, Inc. AGENTS: Michael D. Gordon, c/o Boose, Casey, Ciklin et al. Enrico Rossi, c/o Rossi and Malavasi Engineers, Inc. , OWNER: Boynton Nursuries PROJECT NAME: Citrus Glen - Phase II Addition PROPOSED USE: Planned Unit Development consisting ~f 106 single-family detached zero lot line units on a 28.82 acre parcel with a density of 3.68 units per acre and a Land Use Intensity (LUI)=4.0 LOCATION: Lawrence Road at Miner Road extended, southeast corner REQUEST: AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - Medium - Medium lll~h Residential (Palm Beach County) To - Low Density Residential (City of Boynton Bbnrh) REZONE: From - AR (Agricultural/Residential) Palm Beach County To - PUD (Planned Unit Development) City of Boynton Beach -.... ~~:;...o[Ii-- NOTICE JF LAND USE CHA~ lE NOTICE OF ZONING CHANGE The City of Boynton Beach proposes to change the use of land al1d rezone the land within the area shown in the map in this advertisemel1t. A public hearing on these proposals will be held before the PLuming and Zoning Board on December 10, 1987, at 7:30 p.m. at Pineland Plazl1, 211 South Federal Highway, Boynton Beach, Florida. A public hearing on these proposals will also be held before the City Commission on December 17, 1987, at 8: 00 p. m. or as soon thereafter ;,*:; the ~genda permits, at Pineland Plaza, 211 South Federal Highway, Boynton Beach, F]orida. .~\;I ~ . -)0.'" 3~H~ ~Sg ... ',- " , . - , , ' ~ "1>_,; . '\ .. :-:....:.........:~::~.\-"'_. ~~ PPI.JCATION .-.,' .:-... ~ ~ , ' . . '.,. ,. ..,t,.. ... :. ~ . .',\ \\111 I cis f\ , I 0 400 SOD I, ,1 '.~: . "... "" ~..... ~ \ ': ." f .~l.../'Y " - ... - e!B ,~ ~ ~~iffiiI;iHID, I \, , APPLICANT: Foley Company/Rhodes Properties AGENT: Kevin Foley OWNERS: R. Marshall and Gretchen Brown, James and Joanne Hart. Frances and Mildred Astorino, Dominic Palombo (B.M.I. et al. c/o Paul Himmelrich) PROJECT NAME: Via Lago PROPOSED USE: Planned Commercial Development consisting of 158,000 uquare feet of retail floor space on an 18.43 acre parcel LOCATION: North side of West Boynton Beach Boulevard, between inter- section with Old Boynton Road and L.W.D.D. E-4 canal REQUEST: AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - High Density Residential To - Local Retail Commer<' ia1 REZONE: From - R-3 (Multi-Family Residential) To - PCD (Planned Commercial Development) A copy of the proposed comprehensive plan amendment and rezoning request is available for review by the public in the City's Planning Department. All interested parties are notified to appear at said hearings1n person or by attorney and be heard. Any person who decides to appeal any de~ision of the Planning & Zoning Board or City Commission with respect to any matter con- sidered at these meetings will need a record of the proceedings and fnr such purpose, may need to ensure that a verbatim record of the proceedings 1s made, which record includes the testimony and evidence upon which the appeal is to be based. BETTY S. BORONI, CITY r I I I~K CITY OF BOYNTON BEACH, :; ,,'i-:llJ.\" NOTIC[ OF LAND USE CHAr .lE NOTICE OF ZONING CHANGE The City of Boynton Beach proposes to change the use of land and rezone the land within the area shown in the map in this advertisement:. A public hearing on these proposals will be held before the Pla1ming and Zoning Board on December 10, 1987, at 7:30 p.m. at Pineland Plaza, 211 South Federal Highway, Boynton Beach, Florida. A public hearing on these proposals will also be held before thl' City Commission on December 17, 1987, at 8:00 p.m. or as soon thereafter a~: the agenda permits, at Pinel~nd Plaza, 211 South Federal Highway, Boynton Beach, Florida. ' .~~J ,~ '"" R1-;, 'J .., ' S ~ i\;cl fi : "~~~ " -~ ... ,I . !'. ~,.; I , .. ..:......:..._:.~-:~:.:.\..~_.~. PPL'ICATION .-.0' ."1. 'P::".~'" ..~ I' .H ._:~j II-- .' .. ~ t' ~ ....';.~ .... APPLICANT: Foley Company/Rhodes Properties AGENT: Kevin Foley OWNERS: R. Marshall and Gretchen Brown, James and Joanne Hart, Frances and Mildred Astorino, Dominic Palombo (B.M.I. et al. c/o Paul Himmelrich) PROJECT NAME: Via Lago PROPOSED USE: Planned Commercial Development consisting of 158,000 square feet of retail floor space on an 18.43 acre parcel LOCATION: North side of West Boynton Beach Boulevard, between inter- section with Old Boynton Road and L.W.D.D. E-4 canal REQUEST: AMEND THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - High Density Resid~ntial To - Local Retail Commerctal REZONE: From - R-3 (Multi-Family Residential) To - PCD (Planned Commercial Development) A copy of the proposed comprehensive plan amendment and rezoning request is available for review by the public in the City's Planning Department. All interested parties are notified to appear at said hearingsi'l person or by attorney and be heard. Any person who decides to appeal any dectsion of the Planning & Zoning Board or City Commission with respect to any matter con- sidered at these meetings will need a record of the proceedings and fOr such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ~~ BETTY S. BORON I , CITY CI r l~K CITY (IF BOYNTOr\ BEACH, 1: ,'j\IDA NOTICE OF LAND USE CHANGE NOTICE OF ZONING CHANGE The City of Boynton Beach proposes to annex, change the land use and rezone the land within the area shown in the map in this advertisement! A public hearing on these proposals will be held before the Planning and Zoning Board on December 10, 1987, at 7:30 p.m. at Pineland Plaza, 211 South Federal Highway, Boynton Beach, Florida. A public hearing on these proposals will also be held before the City Commission Qn December 17, 1987, at 8:00 p.m., or as soon thereafter as the agenda permi~s, at Pineland Plaza, 211 South Federal Highway, Boynton Beach, Florida. .. .~.. . #;'~~J .. _"jW.D.D.i - , --~ ~~;'~~=:J ~$'" ~'1-/;t' J~l~.,!E:A..O<''''~-::; , ~=;_. -~J~E~~AtN NO.1 ~ ~P~ICA TION NO.2-.L APPLICANT: AGENTS: OWNER: PROJECT NAME: PROPOSED USE: LOCATION: REQUEST: ~..._. . I I . APPLICA 110N NO.3 1 1 1 .1 I 1 I I I I I I ....... !Io, \~~ i:.', '; c "*'l~. ~ .. ~-r' .1,.-- ',;i?'i',< ,}-;~~~,., :~ .. ,;., . ~ ... - "': '. . ~ APPLICATION NO. 1 -,.. ~.: .~: ." _." Intracoastal Development, Inc. Michael D. Gordon, c/o Boose, Casey, Cik1in et a1. Enrico Rossi, c/o Rossi and Malavasi Engineers, Inc. Boynton Nursuries Citrus Glen - Phase II Addition Planned Unit Development consisting ~f 106 single-family detached zero lot line units on a 28.82 acre parcel with a density of 3.68 units per acre and a Land Use Intensity (LUI)=4.0 Lawrence Road at Miner Road extended, southeast corner A1'1El\TD THE FUTURE LAND USE PLAN CONTAINED IN THE COMPREHENSIVE PLAN From - Hedium - Hedium High Residential (Palm Beach Co~nty) To - Low Density Residential (City of Boynton Beach) ~ REZONE: From - AR (Agricultural/Residential) Palm Beach County To - PUD (Planned Unit Development) Ci.t,v of Dovo..t,pr. BCClili ---" ~ ,. '. .. <OJ" "'" " ARTICLES OF INCORPORATION I. . ., , OF CITRUS GLEN 1l0HEOWNEHS ASSOCIATION INC. , ; ( A Corporation.Uot-for-Profit) .. .. 'I'he undersigned hereby associat.e t:hemselves for Ute purpose " of forming a'corpora~io~ no~-for-profit under Chapter 617, Florida S~atutes, and'cer~ify as foilowSI nIt'!'! CLE I. I' N1\ME " \ ' 'l'he name of this corporation shall be. ..' CITRUS GLEN HOMEOWNERS ASSOCIATION INC. / '.I .;.", . nRTICLt!: II. PURPOSE ." ~ '1'his corporation is organized for t:he purpose of," operating, gove~ning, administ~ring, and managing t:he' propert:~'"d ~ffalrs of the Assc;ciat'io~' and to exercis,e all powers and< diQcharge all responsibirit~es granted to it as ~ corporatloll ~nder the laws of .1 ... f " . . . the, State of, Florida, the powers ,9ran\:ed to I:.l1e 1\ssoQlation under , I the Declara~ion of Restrictioris applicable to the premises in' B~ynton Beadh, Florida, on which t.he Cit.rus Glen Deve~opl11ent is located; arid to acquire, own, hold, mortgage, convey and othe,rwise deal in and with real and personal prope.tt:.y in l:his , ~' c?rporation's"capacity as a hOlneowners association. I' ARTICLE Ill. POWERS <OJ' 1. The corporatidn,sha1l have all of t.he common law and ,statutory po~er~ of a corporation not~for-profit which ~re noh 'in'qonflict with t.he t.erms of.t~ese,Arbio1es, and in addition all the po~~rt:! confe'rr~d by the Declaration of Rest:rict:.ions referred to herein. . '~."." '" ',,'. 2. The corporation shall have all of the powers ,reasonable ne~e,ssary :to implement the powers, of the corporation, inoluding but: not limited t~'the following. ,I - , ~ ~ 4 ~ (a) To operate and manage the Association and ~t~' property in accordance with the sense, meaning, direc- tion, purpose and intent contained in the De?laration of Restrictions referred t9 herein and which has been or may hereafter be recorded among the public records of'Palm Beach County. (b) To make and colleot assessments to defray the cost~ of operation of the'Association, its prop- erties and facilities. (c) To use the proceeds of the assessments in the exercise of its powers, du~ies and responsibilitie8~, '. ,(d) To maintain, repair, replace and operate the Association's property and such other property(s} as , ' I it may be required to maintain, as mandated by the Declaration of Restrictions referred to herein. (e) To reconstruct improvements upon the Associa- tion's property after casualty, and further to improve the property from time to time in accordance with the mandate of the Association's members. . ' I (f) To make and amend regulations from time to time respectin~ the use of the Association's prop~rty. \(g) To enforce by legal means the provisions of the Declaration of Restrictions, these Articies, the By-Laws of the corporation and the regulations for the use of the Association's property in all;respects. (h) To contract for the management o~ the Association's property and to delegate to such contractor all powers and duties of the corporation except such as are specifically required by the Restrictive Covenants to have approval of "' . ~ the Board of Directors of the membership of the corporation. 3~1 All funds and title to all properties acquired by the corporation and the proceeds thereof shall be held only for the benefit of the members in accordance with the provisions of this Certificate and the By-Laws of the Associatioh. -2- ... ~ .f ~, ~ . " I' It. 4. The powers of the corporation shall be subject to and be exe~cised in accordance wi~h the provisions of the Declaration of Restrictions which governs the1use of'the Association property, these~Articles of Incorporation, and the By-Laws hereinabove. ART~CLE IV. MEMBERS The qualifications of the members, the manner of their admission to membership and termination of such membership and voting by'members shall be as follows: 1. The membership of this corporation shall be comprised of every owner of a lot or any portion thereof upon which a dwelling ,unit has been or may be constructed,at the citrus Glen Development. Membership shall be appurtenant to and may not be separated from owneFship of any such lot or portion thereof. 2. The Association shall have two classes of voting ! membership: CLASS A. Class A members shall all be owners, with the exceptibn of Intracoastal Developers Inc., or its successors or assigns as developer of the Citrus Glen Developmen~ and shall be entitled to one (1) vote for each lot or portion thereof owned. When more1than dne person holds an interest in any such lot or portion thereof, all such persons shall be members, but the ,I - .~ vote for'such lot or portion thereof shall b~ exercised as they determine, but in no event shall more than one (1) vote be cast w~th respect to any such lot or portion thereof. CLASS B. Class B member(s) shall be Intracoastal Developers,Inc., its successors or assigns as developer of the Citrus Glen ~' project, and such Class B member(s) shall be entitled to four (4) votes for each ~ot or portion thereof owned. Such Class B membership shall'cease, and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) When the total votes outstanding in the Class A I membership equal the total votes outstAnding in the Class B membership, or .. (b) On December 31, 1994. ~ -3- 3~ The interest of a member in the funds and assets of corporation cannot be assigned, hypothecated or transferred in any manner, except as an appurt~nance to his property. The properties, funds and assets of the corporation shall be held or used for the benefit of the membership and for the purposes authorized herein, in the Declaration of Restrictions, and in the By-Laws of this corpdration/association which may hereafter be adopted. , , ARTICLE V. 111 TERM This corporation shall have perpetual existence. ARTICLE VI. REGISTERED AGENT AND REGISTERED OFFICE The Registered Agent for this Corporation shall be . > M1chaelD. Gordon, c/o Boose, Casey Ciklin, Et Al and , the registered office shall be located at 515 N. Flager Drive, Suite f900, West Palm B~ach, Florida, 33401, or such other \ . person o~ such other place as the Board of Directors shall from time to time direct, with appropriate notice beihg given to the Secretary of state in accordance with law. ARTICLE VII. '1 MANAGEMENT OF THE AFFAIRS OF THE CORPORATION-OFFICERS The affairs of this corporation shall be managed by its officers subject however to the directions of the Board of Directors except to the extent that the Directors shall have delegated the responsibility for such manag~~ent under the pro- visions of these Articles and in accordance with the By-Laws. The officers of this corporation shall consist of a i I President, a vice President, a Secretary, and a Treasurer, all of whom shall be elected by the Board of Oirectors according to the By-Laws of this corporation. The Directors may, if they desire, combine the offices of Secretary and Treasurer and, in addition, provide for such other officers, agents, super- visory personnel or employees of the corporation as they shall see fit, 'none of whom need be a member of the corporation. Commencing with the first annual meeting of the Board of Oirectors in 1987,officers will be elected annually to hold office until the -4- It next annual meeting of the Board of Directors or until their succeSsors are elected and qualify. The names,of the officers who are to serve until the first election by the Board of Directors are as follows: I President ' Vice President Secretary Treasurer Nathan J.-Mi11er Alan Miller Michael D. Gordon Nathan J. Mi1ler~ None of the above officers specifically named in these Articles shall be 'required to be a member of this corporation '\ to hold office. , ARTICLE VIII. BO~RD OF DIRECTORS - This corporation shall be governed by a Board of Directors consisting of not less than three (3) nor more than seven (7) persons as provided for in the By-Laws. In the absence of any provision in the By-Laws designating the number of Directors, the number thereof shall be three (3), provided however that until the first ann~al meeting of the members of this corporation in 1987, this corporation shall be governed by a Board of . . Directo~s consisting of three (3) persons. The names and ~ost office addresses of the persons who will serve as Directors until t~e fist annual meeting of members is 1987, or until their successors are elected and qualify, are as follows: NAME POST OFFICE ADDRESS Nathan J. Miller , . , , 360 GlenwoodDrive Delray Beach, Florida 33445 Alan Miller 11422 NW 20th ct. Coral Springs, FL 33071 ! I. 910 Greensward Lane Delray Beach, Florida 33445 I Michael 'D. Gordon Succeeding B,oards of Dir~ctors and succeeding Directors shall be elected by members in the manner and in accordance with the method provided for in the By-Laws of th~'corporation, as the same shall,be constituted from time to time. .. ~ .' -5- . r ARTICLE IX. REMOVAL OF OFFICERS AND DIRECTORS ( Any officer may be removed prior to Che expiration of his term of office in the manner provided hereinafter, or in such manner as is provided for in the By-Laws. Any officer may also be removed for cause by a two-thirds (2/3) vote of the full Board of Directors at a meeting of Directors called at t least in part for ~he purpose of considering such remoya1. Any officer or director of this corporation may be removed with 'or without cause and for any reason upon a petition in writing of a majority of the members of this corporation, approved at a meeting of members called at least in part for the purpose, by a two-thirds (2/3) vote of the membership./ The petition calling for the removal of such officer and/or director shall set forth a time and place for the meeting or members, and notice shall be given to all members of such. special meeting of the members at least ten (10) days prior to such meeting in the manner provided in the By-Laws for the giving of notices of special meetings. At any such.meeting the officer and/or director whose removal is sought shall be given the opportunity to be heard. ARTICLE X. . INDEMNIFICATION OF OFFICERS AND DIRECTORS Every Director and ,every officer of t~ corporation shall be indemnified by the corporation against all expenses and liability, including counsel fees, reason~bly incurred by or imposed by him in connection with any proceeding to which he may be a party, or in which he may become involved by reason ~ I of his being or having been a Director or officer of the corporation, whether or not he is a director or officer at the time such expenses are incurred, except in such cases wherein . . the director of officer is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties; provided that in the vent of any claim for reimbursement or indemnification hereunder based upon a settlement by th~ director of officer I I' seekin~ such reimbursement or indemnification, the indemnification , herein shall apply only if the Board of Directors approves such settlement and reimbursement as being in the interests of the corporation. The foregoing right of indemnification shall be in addition to and not exclusive~f all other rights to which such director or'officer may be entitled. . .\ -6- , , , , . 4 " ~ : . , ,t ;' ~ ARTICLE XI. . , BY-LAWS. ( , The original By-Laws of this corporation shall be adopted by a majority vote of the members of this corpor?tion present at a meeting of members called for the purpose, at which a majority of the membership is present, and thereafter the By-Laws of this corporation may be amended, altered or rescinded by the membership only in the manner provided for in the Declaration of Restrictions hereinabove described, these Articles of ~ncorporation, or as provided for in the By-Laws. Amendments to the By-Laws may be proposed by members or by the Board of Directors in the manner and as further provided for in the By-Laws and adopted by the votes or consents of the membership therein provided. The original , By-Laws of this corporation shall, upon their adoption, be maintained in the office of the corporation along with copies of these Articles and there available for inspection j and review by any member of the corporation. ~ ARTICLE XII. ~ . PROH1BITION AGAINST ISSUANCE OF STOCK AND THE DISTRIBUTION OF INCOME This corporation shall never have nor issue any shares of stock, nor shall this corporation distribute any part of the income of this corporation if any, to its memb~rs, directors or officers. Nothing herein, however, sh~ll be construed to prohlliit the payment by the corporation of Icompensation in a reasonable amount to the me~bers, director or officer for services rendered, nor shall anything herein be construed to . prohibit the corporation from m~king any payments or distribution to members of benefit, monies or property permitted by Section 617.011 of Florida Statutes. I \ I ARTICLE XIII. CONTRACTUAL POWERS i' In the absence of fraud no contract or other transaction be- . ~". tween this"corporation any any other person, firm, association, corporation or partnership shall be affected or invalidated by the fact that any director of officer of this corporation is :pecuniari1y or otherwise interested in or is a director, member " . .' or officer of any such other firm, association, corporation or partnership or is a party or is pecuniarily or otherwise interested in such contract or other transactions or in any way ~ -ry o ,I , ., connected with any'person, firm, association, corporation or partnership pecuniarily or otherwise interested therein. Any director may vote and be counted in determining the existence of a quorum at any meeting of the Board of , , Directors of this corporation for the purpose of authorizing such contract or transaction with like force and effect as if he were not so interested, or were not a director, member or officer of such other firm, association, corporation or partnership .' ARTICLE XIV. SUBSCRIBERS " The names and post office addresses of the subscribers to these Articles of Incorporation are as follows: NAME POST OFFICE ADDRESS Nathan J. Miller 360 Glenwood Drive Delray Beach, FL 33445 1II Alan Miller 11422 NW 20th Ct. Coral Springs, FL 33071 . . Michael D. Gordon' 910 Greensward Lane Delray Beach, FL' 33445 ARTICLE XV. , , , SPECIAL PROVISIONS All properties of this corporation and ~he association, I and the members thereof, shall be subjeqt to the provisions of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR Ci true' Glen. and shall also be subject to such amendments or modifications therebf as may hereafter be adopted. The membership in this corporation, the terms and conditions thereof, shall be in accordance with the aforesaid Declaration of Restrictions, and such By-Laws as may hereafter be adopted in accordance with the provisions of these Articles of Incorporation. .. -8- 0: .. . . '. . CERTIFICATE ACCEPTING DESIGNATION ..' AS ( REGISTERED AGENT :. 1 HEREBY CERTIFY that I have, accepted the designation as Registered Agent of CITRUS GLEN HOMEOWNERS I ASSOCIATION and agree to serve as its agent to accept service of process within this State at its Registered Office. .. (Seal) Michael D. Gordon .. ~' . , \ \ i . , " ..' ~ I i i i "-----'"''"-----------~ ; t . l.. .... J ..~ " ...~.. .... '. AGREEMENT FOR PURCUASE AND SALE THIS AGREEMENT FOR PURCHASE AND SALE ("Agreement") made and entered into by and between IijTRACOASTAL DEVELOPMENT, INC., a Florida . . ,. corporation and/or its assigns, 70 South Congress Avenue, Suite 201, ( Delray Beach, Florida ("Purchaser") r., and BOYNTON NURSERIES, a Florida t general partnership, of 1425 Wilkens Avenue, West Palm Beach, Florida ("Seller"). WIT N E SSE T H: WHEREAS, Seller is the owner of that certain real property lying, being and situate in Palm Beach County, Florida, which is legally descr ibed on Exhibi t "A" attached hereto and made a part hereof ("Subject Property"); and WHEREAS, Seller is desirous of selling the Subject Property upon ~ the terms and conditions hereinafter set forth; and ' WHEREAS, Purchaser is desirous of purchasing the Subject Property upon the terms and conditions hereinafter set forth. NOW, THEREFORE, for and inconsideration of good and valuable considerations, the receipt whereof is hereby acknowledged by each party hereto from :the other party hereto and in consideration of the mutual covenants, conditions and promises herein contained, the parties hereto do hereby agree as follows: I 1. Sale of Sub;ect Property. Seller agrees to sell the Subject Property and Purchaser agrees to purchase the Subject Property from Seller subject to and upon the terms and conditions hereinafter set forth. 2. Purchase Price. The purchase price to be paid by Purchaser to Seller for the Subject Property shall be ONE MILLION THREE HUNDRED "~ " " , EIGHT-SIX THOUSAND DOLLARS ($1,386,000) ("Purchase Price") which is based upon FORTY-NINE THOUSAND FIVE HUNDRED DOLLARS ($49,500) for each acre of land (prorated for each partial acre) included within the Subject Property. In determining the actual amount of acres to be " ,. " I ,I l' paid for, there shall be deducted from the. area to be conveyed the portions containing rights of way of all paved highways, ra~lroads, power transmission lines, gas transmission lines, intercity telephone ~ ; t~! ,; . . . " lines, unpaved county roads or rights of way of other utilities or any other area included therein which is burdened by easement or other encumbrance on the date of this Agreement's execution, which would I II prevent such area from being included in the gross area of property for the purpose of establishing tge permitted density of building t units per acre, as hereinafter provided in paragraph 8. The calculation with respect to the amount of acres within the Subject Property and the areas of that portion thereof which is subject to an easement or encumbrance, resulting in a reduction in the permitted density of building units per acre, as hereinbefore described, shall be made by a licensed surveyor or Florida engineer selected by the Purchaser and found acceptable to the Seller. The expense incurred for such survey shall be borne by the Purchaser. Such determination shall be made at least ten days prior to the closing date hereof and Purchaser shall 'provide Seller with the survey and calculations used in arriving at the Purchase Price in the manner aforesaid. , 3. Method of Pavment. The Purchase Price shall be paid as follows: (a) Upon the execution of this Agreement, Purchaser shall deliver to Gunster, Yoakley, Criser & Stewart ("Escrow Agent") good and sufficient funds in the amount of FIFTY THOUSAND DOLLARS ($50,000) ("Deposit"), such sum being a part of the aforedescribed Purchase Price. The Deposit shall be held by the Escrow Agent, in an FDIC- insured money market account wi th interest income to inure to the benefit of the Purchaser as a credit against the Purchase Price, providing Purchaser does not default under the terms of this Agreement, and shall be retained, pursuant to the terms and conditions of an "Escrow Agreement" which is attached hereto and made a part hereof. (b) ONE MILLION THREE HUNDRED THIRTY-SIX THOUSAND DOLLARS . ($1,336,000) at "Closing" (as hereinafter defined), being the balance of the Purchase Price (subject to prorations, credits and adjustments) . of which the Initial Deposit shall be a part thereof, shall be payable by received wire transfer of good and sufficient federal funds or local cashier's check to Seller or Seller's attorney, as Seller shall designate. /I 2 .. , ,.....-.;.1II " , . . i. , . : '.. '- (c) The Purchaser shall, in its sole judgment and discretion, satisfy itself as to the suitability of the Subject Property for development and such other general conditions deemed relevant by the I Purchaser. During Purchaser's review of the S~bject Property, all deposits plus interest accrued thereon shall be fully refundable within ninety (90) days following this Agreement's execution by the parties, and upon purchaser's request the Escrow Agent shall refund to Purchaser all deposit (s) (plus interest accrued thereon), at which time this Agreement shall be deemed null and void without further force and effect with neither party having further responsibility or liability to the other hereunder. (d) All deposits, plus interest accrued thereon, shall . become non-refundable to the Purchaser, except in the case of Seller's :....f#..'d:fault hereu~der, ninety-one (91) days following this Agreement's execution. Notwithstanding the foregoing, Purchaser shall receive a credit toward the,Purchase Price for the deposits and interest earned thereon, upon the condition that closing, of title to the Subject Property takes place within the time period (s) provided for in accordance with the terms of this Agreement subject to any rights of extension as hereinafter set forth. 4. Title.: On or before thirty (30) days from the "Execution Date" (as hereinafter defined) Seller shall, at Seller's expense, cause to be delivered to Purchaser a commitment for the issuance of an J ALTA Form B title insurance policy for the Subject Property (together with recorded copies of the exceptions listed therein) in the amount of the Purchase Price ("Commitment"). The expense of the title insurance policy to be issued pursuant to the Commitment shall be the sole obligation of the Seller and shall be payable at Closing to the Seller's issuing agent. Purchaser may, at purchaser's expense, obtain his own ;1 survey of the Subject Property ("Survey"), although the failure of Purchaser to obtain the Survey shall not be deemed a default by II, i.;, " \;'1' I , '. ' I' Purchaser hereunder. Purchaser agrees to provide Seller, on a best ~ I' )' {" ,i efforts basis, on or about ninety (90) days follmdng the execution of th~s Agreement, a copy of the Survey for purposes of deleting the survey ~ 1 , " ~ ,3 I' " ' ~, ~ ." ... , . , . exception in the Commitment. If the Survey reveals any enc}oachment or other defect affecting the Subject Property, said encroachment or other defect shall be treated as a title defec~ (excluding Permitted Exceptions). Purchaser shall have fifteen (15) qays from receipt of the Commitment t to review title to the Subject property. In the event the Surveyor Commitment shall contain exceptions other than the Permitted Exceptions as defined herein which render title to the Subject Property to be other than good, marketable and insurable, then,Purchaser shall have the right to object to the status of Seller's title; provided, however, in the event Purchaser shall fail to object to the status of Seller's title within such fifteen-day period, then purchaser's right to object to the status ~f Seller's title shall be deemed waived and Purchaser shall be deemed to have accepted the status of Seller's title. If an ,. - .... ,objection to title is made by Purchaser within.such fifteen-day period, Purchaser shall so notify Seller in, writing specifying the matters which render Seller's title to the Subject property other than good, marketable and insurable and Seller shall use reasonable efforts within a period of one hundred twenty (120) days from receipt of Purchaser's notice within which to remove said defects, and if Seller is unsuccessful in removing them wi thin said time, Purchaser shall have the option to either (i) accept title subject to the defects, or (ii) request a refund of all deposits paid hereunder (plus interest accrued thereon) which shall forthwith be returned to Purchaser and thereafter Purchaser and Seller shall be released of all further obligations under the Agreement; however, Seller agrees that he will, if title is found to be unmarketable, use reasonable effort to correct the defect (s) in title wi thin the time provided therefore, including the bringing of necessary suits on such reasonable efforts basis. \ ! 5. Representations and Warranties. As an inducement to Purchaser to execute this Agreement, to close the transaction contemplated · I ; , I 'hereby and to pay the Purchase Price, therefor, Seller warrants and I, I represents to Purchaser that: ; i II (a) As of the Closing" Seller will be the owner of the Subject Property in fee simple. /I 4 ; II , I ; ! '.. . ' . the Property and to perform' such other activi~ies on the Property which are authorized by the terms of this Agreement. Notwithstanding the terms of this Section, neither Purchaser nor any agent, employee and/or contractor shall go upon the Subject Proper ty until such time as Purchaser shall provide Seller with a , . public liability insurance policy containing such limi ts as Seller shall reasonably request and an endorsement insuring Seller against any claim for loss or casualty of Seller or any third person injured 'as a result of Purchaser's activities or the activities of the Purchaser's agents, employees and/or contractors, on or about the Subject Property. Purchaser hereby agrees to indemnify and hold Seller harmless ,,. against any loss or claim of any type res~lting from purchaser's or his agent's, employee's and/or contractor's activities on the Property. Such rights' of 'It,ndemni ty shall expressly survi ve termination of this .'.. l" Ag~eement or delivery of the Deed and Closi~g and shall not be merged ,; ! th,e r,e in. , , ' .. .a ~ 7. Deed/Closinq. The conveyance of. the Property by Seller to Purchaser shall be by general warranty deed ("Deed ") subject to: ~ (i) taxes for the year of Closing and subsequent years; (ii) zoning . ~ governmental regulations; and (iii) those matters set forth on Exhibit 'M 'B"Jand such other matters appearing of record that would not unreasonably ~~nterfere with the intended development of the Subject Property, ("~,.f attaehca hcreto uAcl Hl~dc a p~rt acreef ("Permitted Exceptions"). ~ The execution and delivery of the Deed and of all other documents required pursuan~ to this Agreement and the balance of all sums required to be paid ("Closing") shall take place on or before January 31st, 1988. Purchaser shall provide Seller (at Seller's option) thirty (30) days' notice prior to scheduling a date for closing in order to permit Seller the opportunity to remove certain nur sery mater ials from the Subject Property. The Closing shall ,take "place at the offices of Guns1;.er, Yoakfey, Crise,r " Stewart, 777 South II I Flagler Drive, West Palm Beach, Florida or such other location as I; , . ~ . required by Purchaser's institutional mortgage lender. Notwithstanding .:,the foregoing, it is understood that the date of Closing shall be " subject to satisfaction of the condi tions precedent to Seller's and 6 , , : " i . _______._-----1~ .. . ' ; ~ " I .,' L ,r · . .' '1 . I 'Purchaser's obligations for closing of title as s~t forth in ArticleS I herein. 8. Conditions Precedent to purchaser's Obliqation forClosinq of Title. Purchaser's obligation hereunder to close title in accordance with the terms contained herein shill be subject to and contingent upon each and all of the following conditions (hereinafter collectively referred to as the .Conditions Precedent"): (a) That the Subject Property, at the time of Closing, has been annexed by the City of Boynton Beach and its land use 'designation conformed to the land use amendment change proposed under the City of , Boynton Dea9h comprehensive plan and future land use map. The Purchaser and Seller ack~owledge that the Subject Property is presently included within the proposed, land use amendment and designated as low density residential (maximum density 4.82 ~nits per ,acre). (b) Rezoning of the Subject Property (in conformity with the comprehensive plan and future land use map referred to above) for a planned unit development permi tting a maximum of 4.82 uni ts per acre. I , (c) That the Subject Property at the time of closing, is subject to reservations obtained from the appropriate utility companies confirming that no moratorium exists and availability for the premises to receive sufficient capacity and/or service of water, sewer and other utilities to meet the capacity anticipated of the project exists and that specifically sewer and water has been brought to and otherwise made available at the site of the Property, all in accordance with requirements of the respective governmental authorities. (d) That the Subject Property at the time of closing, has , obtained all off-site easements necessary to insure availabili ty of , I, .i il 'I water, sewer and other utilities services. I'i : ' i ,The Purchaser, agrees to 'diligently pUI:sue1lhe processing of all '.,.." >1 . j:, ;' I' I , " \ ,'applications and take such other action, al~ at Purchaser's expense, ':;!, ' ':'," ' I, I , :; ~equired to, satisfy the condi tions set forth in Paragraph 8. In ,J., ~i , I ! i: # . i ':', consideration:,of the f<?regoing, the Seller agrees to assist the , . ; . " . ~' ;. , I Purchaser in the processing and/or satisfying of the foregoing conditions , , i, '/I . '1 . " " . . 7 : ., \ "~~ F:t~j , ' ~ . . . '. . .. . ..., precedent by providing information, and executing documents authorizing the Purchaser, or its representa ti ve, to file such applications or . other s~bmissions required by appropriate agencies, quasi-governmental or municipal authorities, all in furtherance of satisfying such conditions precedent. The Purchaser further agrees to submit, subject to any rights of termination as provid~d for herein, prior to October 1, 1987, all applications necessary for the subject property's ,annexation and change of its land use designation by the City of Boynton Beach. It is further understood and agreed that Closing shall take place within thirty (30) days, following the satisfaction of all Conditions Precedent as set forth herein, but in no event to extend beyond January 31, 1988. If the date of Closing shall be a Saturday or Sunday or loca~ or national holiday, the, Closing shall be deemed extended to the next business day thereafter. Notwithstanding anything contained herein to the contrary, the Purchaser shall be entitled to an extension from the final closing date of January 31, 1988, provided that Purchaser had diligently and in proper form pursued the processing of all applications and has been placed on the agenda (prior to January 31, 1988) for final approval by the appropriate local governmental municipality in order to satisfy all conditions precedent to his obligations for closing of title. Subject to the foregoing, the Purchaser shall be entitled to an extension not to exceed thirty ('30) days inclusive of the thirty-day period following satisfaction of all conditions precedent as set forth herein. Purchaser shall not be entitled to further extensions from January 31, 1988, if Purchaser's applications to the appropriate governmental municipalities have resulted in a final denial of the requests set forth herein or such denial results from the purchaser's failure to comply with the rules and regulations of the governmental j , agencies to which it has applied for such approva1. In the event Purchaser has failed to satisfy the Conditions . Precedent to its obligation for Closing of title, Purchaser, wi thin 'I ten (10) business days from the failure to: satisfy such condi tion, may: (i) waive any part of all of the Conditions Precedent not yet " :. ' " . (90) days following execution of this Agreement, terminate this Agreement by written notice to Seller and have refunded. all' deposits paid hereunder (plus interest accrued thereon) at which time this Agreeme~t shall be considered null and void'without further force and effectl or (iii) if subsequent to the first ninety (90) days following 'r execution of this Agreement, forfeit all deposits paid hereunder (plus interest accrued thereon) to Seller in full settlement of all rights and liabilities hereunder (excluding any rights of indemnity set forth in Paragraphs 6 and 15, which are intended to survive and not merge in any termination) at which time this Agreement shall be considered null and void without further force and effect. Purchaser agrees to assign its rights to any pending applications, petitions, wo~k product, reports" studies, soil tests, as may be in purchaser's possession, relating to development of the Subject Property upon termination of this Agreement due to the failure of satisfying conditions precedent to purchaser's obligation for closing of title. 9. Closinq Costs and Prorations. The parties agree that the following shall be the schedule of obligat;:ions with respect to the Closing expenses hereunder, to wit: (a) Seller shall pay for the State documentary stamps on the Deed. (b) Purchaser shall pay for the recording of the Deed. (c) Seller shall pay the premium for the title insurance policy to be issued pursuant to the Commitment. (d) All governmental and quasi-governmental improvement liens on or against the Subject Property which have been certified as of the date of the Closing or with respect to which the work has been substantially complete as of the date of the ,Closing though not yet . certified, shall be paid by Seller and, if not certified, Purchaser , . shall receive a credit, at Closing in an amount equal to the latest estimate therefor by the applicable governmental agency, provided that, upon request by either party hereto, the parties hereto shall, upon the actual amount of such lien being established, make whatever adjustments are necessary to reflect the actual amount of the lien notwithstanding the fact that the Closing has occurred. Pending "I 9 ,. \~\.:. " .. governmental and quasi-governmental improvement liens on or against the Subject Property with respect to which the work bas not been substantially completed as of the date of the Closing or such improvement liens which have been assessed directly or indirectly as a result of Purchaser's actions (relating to the Subject Property or property in ( t close proximity thereto) whether certified or sUbstantially completed as of the date of closing, shall be assumed by the Purchaser. (e) Real property taxes on the Subject Property shall be prorated as of the date of Closing at the highest allowable discount. If the Closing occurs on a date when the taxes for the year of Closing are not fixed, taxes will be prorated based upon the then prior year's tax and at the highest allowable, discount. If the tax proration is based on other "than the actual amount of taxes in question then, upon the actual amount of such taxes being known, the parties hereto agree that upon the request of either, such taxes will be re-prorated and the appropriate adjustment made notwithstanding the fact that the Closing has occurred. Except as otherwise specifically provided in this Agreement, all expenses and revenues (if any) of the Subject Property shall be prorated or credited as the case may be to the day of Closing. 10. Possession. Possession of the Subject Property shall be delivered by Seller to Purchaser at Closing, subject to Seller's right to harvest the 1987/1988 citrus crop. Purchaser acknowledges that no reliance has been made by it as to the condition of the citrus groves and/or citrus crop existing upon the Subject Property. 11. Condemnation or Eminent Domain. In the event of the commencement of any condemnation or eminent domain proceeding for any public or quasi-public purpose at any time prior to the Closing resulting or which could result in the taking of ~ll or any substantial par~ of the Subject Property, Purchaser shall have the option of: (i) cancelling this Agreement in which event the Deposit and all sums paid pursuant hereto shall be forthwith returned by the holders(s) thereof . to Purchaser and upon such repayment, this Agreement shall be null, void and of no further force or effect and all parties hereto shall be released and relieved from any and all further liability or obligation ,oJ 10 'II hereunder 1 or (ii) closing the transaction contemplated by this Agreement in which event the Purchase Price shall not be abated; provided, however, that Seller shall assign any condemnation or eminent domain award and its right to receive same to Purchaser. Notwi thstanding anything contained herein to the contrary, Purchaser t { shall have no rights under this Paragraph for condemnation or eminent domain proceedings which are directly or indirectly the result of Purchaser's actions (relating to the Subject Property or property in close proximity thereto). 12. Default. In the event of a default by Purchaser under this Agreement, except for the additional right to be indemnified pursuant to Paragraph 15 hereof, Seller shall only have the right to receive the Deposit (plus interest accrued thereon) as liquidated damages in full settlement of any claims against Purchaser and Purchaser shall have no other or further rights or liability hereunder, the parties acknowledge the exact amount of damages are incapable of ascertainment. In the event of a default by Seller under the terms of this Agreement, except for the additional right to be indemnified pur suant to Paragraph 15 hereof, Purchaser shall have the sole and exclusive remedies of either: (i) terminating this Agreement whereupon the Deposi t and all funds held by Escrow Agent shall be forthwith returned to Purchaser whereupon all parties hereto shall be released and relieved from any and all further liability or obligation hereunder1 or (ii) proceeding to enforce this Agreement by an action for specific performance. Seller' shall not be in default hereunder until Seller has received notice of the alleged default and has not cured same within thirty (30) days from Seller's receipt of such notice. 13. Li tiqa tion. In con'nection with any litigation ar ising out of . this Agreement, the prevailing party shall be entitled to recover all costs incurred including, but not limited to, its reasonable attorneys' fees at all trial and' app.ellate leveis and post-judgment I proceedings. 14. Notices. Unless otherwise specifically provided herein, all notices to be given hereunder shall be in writing and sent to the ., I 11 " " .. parties as hereinafter provided, certified mail, return receipt requested, postage prepaid. Unless otherwise specif ically 'pr ovided . herein, said notices shall be effective on the day such notice is deposited in the United States mails. Notices as to Purchaser shall be sent to: Intracoastal Development, Inc. 70 South Congress Avenue, Suite 201 Delray Beach, FL 33445 Michael D. Gordon, Esquire c/o Boose, Casey, Ciklin, et ale 515 No. Flagler Dr., Suite 1900 West Palm Beach, Florida 33401 and a copy to: Notices as to Seller shall be sent to: Boynton Nurseries 1425 Wilkens Avenue West Palm Beach, Florida and a copy to: Drennan L. Whitmire, Jr. c/o Gunster, Yoakley, Criser & Stewart 777 S. Flagler Drive West Palm Beach, Florida Notices as to Escrow Agent: Drennan L. Whitmire, Jr. Gunster, Yoakley, Criser & Stewart 777 S. Flagler Drive West Palm Beach, Florida 33401 The place to which any party hereto is entitled to receive any notice may be changed by such party by giving notice thereof in accordance with the foregoi~g provision. 15. Brokeraqe. Each party hereto represents and warrants unto the other party hereto that there are no real estate brokers or agents involved with respect to this transaction and that there are no , I brokerage fees, finder's fees or broker's commissions due as a result of thei r respective execution of this Agreement or which will be due as a result of the Closing as contemplated hereby by virtue of their respective acts, inactions, conduct or otherwise except; Seller ", agrees to pay, if, as, when and at the time of actual closing (simultaneously with the disbursement to the Seller of the proceeds of such sale) to B.L.C. Realty, Inc., a brokerage commission in an amount equal to TWO THOUSAND TWO HUNDRED FIFTY ($2,250) DOLLARS (inclusive of any sales tax assessed thereon) for ~ach acre ,of the subject property ($63,000.00, subject to re-proration) and 'to Charles Passentino, Real Estate Droker, a brokerage commission in an amount equal to TWO THOUSAND TWO HUNDRED FIFTY ($2,250) DOLLARS (inclusive of any sales taxes assessed thereon) for each acre of the subject property ($63,000.00, 12 ~, : It ". subject to re-proration). Each party hereto does hereby agree to indemnify and hold the other harmless from any breach of thei~ respective representations and warranties as set forth in this Paragraph. The provisions of this Paragraph shall survive the Closing. The above-named brokers shall execute this Agreement for the sole ( ( purpose of evidencing their consent to the provisions of this Paragraph 15, but shall not be considered as parties to this Agreement under any other provision of this Agreement. 16. Governinq Law. This Agreement sh~ll be governed and controlled by and enforced and construed under the laws of the state of Florida. Venue for any action or proceeding brought hereunder or pursuant hereto shall be exclusively in Palm Beach County, Florida, except as same may be in contravention of applicable law. 17. Assiqnment. This Agreement may be assigned by Purchaser with the written consent of Seller (which consent shall not be unreasonably withheld) at or contemporaneously wi th the closing of this transaction; however, Purchaser shall not be released from any obligations hereunder. 18. Captions and Paraqraph Headinqs. All captions or title of paragraphs used in this Agreement are for convenience only and are not intended to construe, limit, define or describe the scope or intent of any paragraph of this Agreement nor in any way to affect this Agreement. 19. Gender. Whenever the context so requires or admits, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter form thereof and the singul~r form of any nouns. and pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. 20. Execution Date. The "Execution Date" hereof shall be the date when this Agreement is executed by the last of the parties hereto. 21. Time is of the Essence. Time is of 'the essence of this . Agreement and each and every term and provision contained herein. 22. , Saturdays. Sundays and Holidavs. Any time period provided for herein which shall, end or expire on a Saturday, Sunday, or legal holiday shall be deemed extended to the nex~. full business day, thereafter. , 13 , I I .L __ , . . . .. 23. Co un te r pa r ts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an or iginal, but all of which shall constitute one and the same Agreement. 24.- 'No Waiver. No waiver of any provision of this Agreement shall be effective unless it is fn writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it relates and shall not .. be deemed to be a continuing or, future waiver. 25. Entire Aqreement. This Agreement, and the documents referenced herein contain and set forth the entire understanding between the Seller and the Purchaser, and it shall not be changed, modified or amended except by an instrument in writing and executed by the party against whom the enforcement of any such change, modification or amendment is sought. This Agreement shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 26. Relationship. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership, joint venture or any other relationship between the Seller and the Purchaser other than the relationship of a buyer and seller of real and personal property as set forth in this Agreement. 27. Recordation. Neither this Agreement nor any memorandum of ,this Agreement shall be reGorded amongst the ,Public Records of any II State or County. 28. Joint Preparation. The preparation of this Agreement has been a joint effort of the parties and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. IN WITNESS WHEREOF, the parties here~o have executed this Agreement i as of the day and year appearing below their respective signatures. WITNESSES: SELLER: . :'~\~\\ ~, ~\~&\dc-, ()[, u fi-tvw-tJtL- ,Date: I tI~ BOYNTON NURSERIES, a Florfda.i ,general partnership , 1987 Ii' 14 , , ' I, ' I .. '. I,. _,~,L'___._ _ -- '~ ' . PURCHASER: INTRACOASTAL DP~1ELOPMENT, INC. :y:1o~~<'.:on president , :',:, . \ . , '.. . :,~, (CORPORATE SEAL)' /:. . , , ' , Da te : /11 1ft , 1987 I,. CONFIRMED, AND ACCEPTED: '~, ~ . . B.L.C. REALTY, INC. , I P~/~ pi - , ': z;:" By: ! i CHARLES PASSEN~I~o~al Estate B~Oker , ~~~ /f;~r;.~->t: ~ ~les Passentino I! , ! '.. " """ It, I It.( , , , I ",J " , ' _ " ." :;:,".' : " , \ .:". , . I\"~ . ,,: ;,;~ ' , . .; I ; , :' ~ i ; . I" ; i I' ,I . ,I " ',I 'tt;,. ~ 1, I, , . ~ ,q'< ':. /",' , I,;:, .: , I /"" . " , , , , I' ! I :', i I .f . ': ' ~,. , , ':' , " ': ' ,; ti iii , ,I ~ 1 '. I , ' , r " : ::! ... :,." ~" 15 : ,. ~ .. .', '" ,t' , ":.;,~"::\:,.',, , . ~.. /' " r 'I, . ,;. ; .', ,,' ,..11 . \,J.~ I ._' 1 -", ... 'io,:;~J'.r.Jr,. :'ll'l" ,: "".~.).,~~...:, .. ",: :,:<":r~\f;,):!~\~~i~Y} ii:~i>! ;,;i':.. " . . ,'. ,1 I, ',' ~. j I '. j .', "I : q'l ~ ". ';', . . .' t. . . , . ~ Exhibit A Exhibit B f f "~ ,;,1: . ," I ,"1;1 " , ;:'; ~.' '. , ! J , . ~. . . " , " .' .~ ~'~; :'i;P;:< . .-, . ,I . ~, \'j , ~' : " , , " ~ l, : ~\ " .'. r 1 j' '4 1\,.;"'; ';,"1..' . ~';;f/;,!~li:~::~~: . "'l. SCHEDULE OF EXHIBITS Subject Property Legal Description Permitted Exceptions i ; ! .. 'II , 1! p 16 . . ','~;.~..F' , , \ 1 ' ., ..' . i . ' ;: I .__._;---_.._---_.--'-._-~~ . ., ." ' . , . ' .. ~ . . ,~, . I . ' ~ I t 2915B/052887 .. ~':J> .f ., ~ ' ,I " : ,.I: ". ! ' ~' , j ( ,) .:;'i!;,H:' .' '';: ~ ,,~, ;~':-: '.; . ",i.: V,:':',::', , , j;' j '.," ',!; r ;;' , . I,.' . I,; ',/ It , .' I II EXHIBIT "A" , ! LEGAL DESCRIPTION . : I I The Northwest quarter (NW 1/4) of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4); and the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4); and the Northwest quarter (NW 1/4) of the Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4) of Section Eighteen (18), Township Forty-Five (45) south, Range Forty-Three (43) east, Palm Beach County, Florida. / .. . , ' j i.': J: ~ }' \!,',' , ,_ .'.'~~ ~:-' i;~jl.'<~~I,~,', ~ :' ,. t.... " .. ' \ - . " , , ' . ' ,: . " . " ,~ " , ' , ',. ,~ ,.:' .' , ... ~:u' " , ", :l::~':~:.~i '.., , J, '~;:,~.:: :t,' , .1 I' :j Ii : I , 'i!: ;1; ;' q i i ; ~ I j! ", I ! ,t' II; It; . .. 0 f") - . ., .. , - .... i i . . I .. . C. Upon termination of the duties qf Escrow -Agent in either manner set forth in subparagraphs I or 2 of pa~a9raph A of this Article V, Escrow Agent shall deliver all of the Escrowed Property to the newly appointed Escrow Agent designated by the ,Principal(s), and, except for rights of Escrow Agent specified in Paragraph A of Article III of this Escrow~Agreement, Escrow Agent shall not otherwise have the right to withhold Escrowed Property from said newly appointed Escrow Agent. I D. Escrow Agent shall not be bound by any modification, cancellation or rescission of this Escrow Agreement unless in, writing and signed by all Principal(s) and Escrow Agent. In no event shall any modification of this' Escrow Agreement, which shall affect the rights or duties of Escrow Agent, be binding on Escrow Agent unless it shall have given its prior written consent. VI. Rotices I j All notices, certificates, requests, 'pemands, materials and other communications hereunder shall be in writing and deemed to have been duly gi ven (I) upon deli very by hand to the appropriate address of each Principal or Escrow Agent as set forth in this Escrow Agreement or in the Documents, if any, or (2) on the third business day after mailing by United states registered or certified mail, retur~ receipt requested, postage prepaid to such address. All notices to Escrow Agent shall be addressed to the attorney signing on behalf of Escrow Agent at the following addresss Gunster, Yoakley, Criser & Stewar~ 777 South Flagler Drive West Palm Beach, Florida 33401 VII. Choice of La. and Venue ~his Escrow Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event any action, suit or proceeding is instituted as a result of any matter or thing affecting this Escrow Agreement, the parties hereto hereby designate Palm Beach County, Florida, as the proper j ur isdict~~n and the venue in which same is to be instituted. VIII. Cuaulative Rights No right, power or remedy conferred upon Escrow Agent by this Escrow Agreement is exclusive of any other right, power or remedy, but each and every such right, power or remedy shall be cumulative and concurrent and shall be in addi tion to any other right, power or remedy Escrow Agent may have under the Escrow Agreement or now or hereafter existing at law, in equity or by statute, and the exercise of one right, power or remedy by Escrow Agent shall not be construed or considered as a waiver of any other right, power or remedy. IX. Binding Agree.ent , " " \ This Escrow Agreement s1)all' be binding upon the Principal(s) and Escrow Agent and their respective successors and assigns.. I I, " , , , i , '. ..;! ' L: ' ';. " . ..,; . " x. ,Bscro. Agent Pees .: ~ .!" , '0;::" Escrow Agent' shall receive for its services in ,;,:; accepting this escrow the sum of ---lnot applicable) Dollars . '. i~'" ($ nla ) per hour of time involved with respect to this " ,':1 escrow, plus reimbursement of all costs, which fees and costs the. " ,I! Principal (s) hereby jointly and severally agree to pay and it. is hereby understood and agreed that all such fees and costs. shall , ' " constitute a first lien of the Escrowed property hereunder., I I B-4 ,\ .t .i . :1 : I' Ii' ;., ,', . .~ . ,. . .. '. fIA ,J '. .. . · .. I ,: . ,. '. ~. l , ,,' 1;:\ , , , 'J,'.. '. j '. ' ,".; ;'''':: ,', ,;: I!:', :;' : ,,' j . . J' I IN WITNESS WHEREOF, the parties heret3 have ' presents to be executed this + day ,of ~)1 __ Signed, Sealed and Delivered in the Presence of: (' '. (CORPORATE SEAL) i . C\~ \..b '\\-.. ~u... \.t\ t k.,. lIu'u J'/tNt,vdW I,; '" "1. \" i " (. I ' " " , : .~ l: .: ;. : . .i ~. ,r) cau~ed . these , 1987. GUHSTBR', YOAKLBY, ausER 5 STEWART '" B~ .. , PRINCIPAL(S): INC. Attest: social secur i ty or corporate IIltt/,.... identification number r' /I ~ I . _ tJruJrrr'f~ IV 'Y/,'1f /J:J -..36-0/71 -/ h,- BOYRTOR NURSBRIBS a Florida general partnership . . ,\ j I ' I: I: ; ': I " /I' ,01 ' B-5 , ' , , " , : ~ - .~"f 1. .., . f1, *" r: . r. j.! ' , I ~ ; ('; : ~,. ' " j ~ , I, ~ ' I, , , , I ;: .'., ~ " :' .' ; ,;!! j , , , , i!, '"'.1'1,, ,:" , . \:) \ ; 1 ~' " t, '; I : 1 t,:", , .; l , :, .~ , " '!. ,\ ' " , I' : 'j ,: - ~,' " , , . ~', , . , , 29l5B/52887p.2 EXHIBIT "B" ; :' SCHEDULE OF PERMITTED EXCEPTIONS 1. Rights of Lake Worth Drainage District as specified in Deed Book 466, Page 175, Public Records of Falm Beach County, Florida. 2. Rights of Lake Worth Drainage District as specified in Deed Book 474, Page 477, ,Public Records of Palm Beach County, Florida. 3. Rights of Lake ,Worth Drainage District as specified in Deed Book 498, Page 118, Public Records of Palm Beach County, Florida. 4. Right of way of Lawrence Road. 5. Taxes for the year 1987 and subsequent years. ii '6 '; i', , ' ' I, ' f ~ " I! " 'f! " , ~ ' i ,',> ,;',,"< " .' < , '"t')"" ,:- '<,,;:,:It>;~/,:-::.:':', ! " , ~'~~:1' ' ' '. I ' ;;: ... , ! \~, ~."j ('" ,) . I . I~ , . .. ,- t ',. . , . .. (' " ~ ' ESCROW AGRBBKBR~ ,- THIS ESCROW AGREEMENT. ("Escrow Ag'reement") is' made. and entered into between INTRACOASTAL DEVELOPMENT, INC., a Florida corporation, 70 South~Congress Avenue, Suite 201, Delray Beach, Florida, and BOYNTON NURSERIES, a Florida general partnership, , 1425 ,Wilkens Avenue, West Palm Beach, Florida (hereinafter referred to as "Principal(s) ") DreaReR I.. Whitmire, Jr. c/o GUNSTER, 'YOAKLEY, CRISER & STEWART, whose address is 777 South Flagler Drive, West Palm Beach, .Florida 33401 (hereinafter referred to as "Escrow Agent". : j WHEREAS, Principal(s) desire that Escrow Agent hold certain property as described on "Exhibit A" hereto ("Escrowed Property") pursuant to certain documents described on "Exhibit a" hereto, if any ("Documents"), and ' WHEREAS, Escrow Agent has agreed to act as Escrow Agent for the Escrowed Property on the terms and conditions now about to be set forth. NOW, THEREFORE, in consideration of the covenants and agreements herein set forth and other good and lawful consideration, the receipt and sufficiency of which is hereby aCknowledged, the parties hereto, intending to be legally bound, agree as follows: I. Bscrov A. Escrow Agent agrees to hold all of the Escrowed Property in escrow subject to the terms and conditions contained in this Escrow Agreement and the Documents, if any. The provisions of this Escrow Agreement' shall control in'. the event of any conflict between the provisions hereof and the provisions of the Documents, if any. a. Unless otherwise provided for in this Escrow Agreement or any addendum hereto, Escrow Agent shall disburse the Escrowed Property without interest or other accumulation in value. , , I ! C. Escrow Agent shall not be deemed to have knowledge of any matter or thing unless and until Escrow Agent have actually received written notice of such matter' or thing and Escrow Agent shall not be charged with any constructive notice whatsoever. D. 1n the event the Escrowed Property consists in whole or in part of stocks, bonds or certificates of deposit (or any other property which may fluctuate in value) Escrow Agent shall hold in escrow, pursuant to this ES9row Agreement, any proceeds of the Escrowed Property actually delivered to Escrow Agent and realized as a result of splits, calls, redemptions or otherwise, but shall not be obligated to ascertain the existence of (or initiate recovery of) such proceedS or to become or remain informed with respect to the possibility or probability of such proceeds being realized at any time in the future, or to inform any Pr incipal (s) or any third party with respect to the nature and extent of any proceeds realized, except upon the written request of such party, or to monitor cu~rent ,markot values of the Escrowed Property. Further, E~crow A~ent shall not be obligated to proceed with any action or inaction based on information with respect to market values of the Escrowed Property which Escrow Agent may in any manner learn, nor shall Escrow Agent be obligated to inform Principal(s) or any third party with respect to market values of anyone or more of the Escrowed property at any time, Escrow Agent having no duties with respect to investment management or information, all principal(s) understanding and intending that Escrow Agent's responsibilities are purely ministerial in nature. Any reduction in the market value or othe;, value of the Escrowed B-1 '. .. (\ I'", , . . , Property while deposited with Escrow Agent shall be at the sole risk of Principal(s). ' . E. In the event instructions from Principal (s) would , . require Escrow Agent tCL,.expend any monies. or to incur any cost, Escrow Agent shall be eRtitled to refrain from taking any action until it receives payment for such costs.' F. Principal(s) acknowledge and agree that nothing in this Escrow Agreement shall prohibit Escrow Agent from (1) serving in a similar capacity on behalf of others or (2) acting .Jin the capacity of attorneys for one or more Principal(s) in ~connection with any matter. cO ~ 11. Releaae of Bacro.ed Property ~ QJ ~o ~ ' A. Escrow Agent agrees to release the Escrowed Property fa tIl 01 in accordance wi th the terms and conditions set forth in the .B 11 ifi Documents, if any, and this Escrow Agreement. 1~ c~ B. In the event Escrow Agent shall be uncertain as to ~ ~~its duties or rights hereunder or shall receive instructions, ~~, ~8. claims or demands f rom any Pr incipal hi) or ,trom third persons ~ with respec~.to the Escrowed Property or any other sums or things .~ ~ 'M~ which may be held hereunder, which, in its sole opinion, are in ~..., conflict with any provision of this Escrow Agreement and/or the ~~ ~6Documents, if any, Escrow Agent shall be entitled to refrain from ~ ~QJ~taking any action until it shall be directed otherwise in writing ~ ~ ~~by all Principal(s) and said third persons, if any, or by a final ~ ~~order or judgment of a court of competent jurisdiction. ]S8 . 8 ~. .g C. If all or any portion of the Escrowed Property ~ 8 1i delivered to Escrow Agent is in the form of a check or in any ~..., a~form other than cash, Escrow Agent shall deposit same as required !~Obut shall not be liable for the nonpayment thereof nor responsible , ~ 4J'.oto enforce collection thereof. If such check or other instrument ~ '~~other than cash representing the Escrowed Property is returned to cU ~Escrow Agent unpaid, Escrow Agent shall notify the applicable '1:! tIl'tl' P incipal (s) for further instructions. QJ ~ M'tl ... , i! I I. Liability of Bscrow Agent ~ ~ "8 A. II: is agreed \:hal: I:he dul:ies of Escrow Agenl: are m 2.~purelY ministerial in nature and shall be expressly 1imi ted to m~~ the safekeeping of the Escrowed Property and for the disposition E~ fa~of same in accordance with the Documents, if any, and this Escrow Agreement. r Each Principal hereby indemnifies Escrow Agent and holds it harmless from and against any and all claims, liabilities, damages, costs, penalties, losses, actions, suits or proceedings at law or in equity, or any other expenses, fees, or charges of any character or nature, which it may incur or with which it may be threatened directly or indirectly arising from or in any way connected with this Escrow Agreement or which may result from Escrow Agent following of instructions from principal(s), and in connection therewith, indemnifies Escrow Agent against any and all expenses, including attorneys' fees and the cost of defending any action, suit, or proceeding or resisting any claim, whether or not litigation is instituted. Escrow Agent shall be vested with a lien on all Escrowed Property held hereunder which is deliverable to Principal(s) unde~ the terms of this Escrow . 1~ Agreement, for indemnification, ~ttorneys' fees, court costs ;' ,ar i sing from any sui t, interpleader or' otherwise, or othe r , ; ;1: ' expenses, fees or charges of any character or nature, which may i ':'.:':! be incurred by Escrow Agent by reason of disputes arising between . :':' Principal (s) and/or any third party as to the correct interpretation of this Escrow Agreement and/or the Documents, if any, and instructions given to Escrow Agent hereunder, or otherwise, with the right of Escrow Agent, regardless of the instruments aforesaid and without the necessity of instituting any action, suit or B-2 '" .lt~~f: . .r Ji ~ j proceeding, to hold the Escrowed Property until and unless' said M ~.~ ~dditional expenses, fees and,charges shall be fully paid. ~ ... 4J..o B. It is further agreed that Escrow Agent shall have tl 5j ~ he right to utilize the services of Gunster, Yeakley, Criser & .fJ ~~ Stewart, P.A. , as its attorneys and ~ ame shall not affect or in any way prejudice or limit Escrow i such attorneys as set forth in(~his Escrow Agreement. ~ [j ~ .B ....t IV. Disputes ~~~m8 r A. In the event Escrow Agent is joined as a party to a lawsuit by virtue of the fact that it is holding the Escrowed Property, Escrow Agent shall, at its option, either (1) tender the Escrowed Property to the registry of the appropriate court or (2) disburse the Escrowed Property in accordance with the court's ultimate disposition of the case, and Principal(s) hereby, jointly and severally, indemnify and hold Escrow Agent harmless from and against any damages or losses in connection therewith including, but not limi ted to, reasonable at.torneys' fees and court costs at all trial and appellate l~vels. (' .1, p ... B~' In the event Escrow Agent tenders the Escrowed Property to the registry of the appropriate court and files an action of interpleader naming the Principal(s) and any affected third parties of whom Escrow Agent has received actual notice, Escrow Agent shall be released and relieved from any and all further obligation and liability hereunder or in connection herewith and Principal(s) hereby, jointly and severally, indemnify and hold Escrow Agent harmless from and against any damages or losses arising in connection therewith including, but not limited to, all costs and expenses incurred by Escrow Agent in connection with the filing of such action including, but not limited to, reasonable attorneys' fees and court costs at all trial and ~. appellate levels. '\') V. TeDl of Agee_ent: A. This Escrow Agreement shall remain in effect: unless and until it is cancelled in any of the following mannerSI '1. Upon written notice given by all Principal(s) of cancellation of designation of Escrow Agent to act and serve in said capacity, in which event, cancellation shall take effect no earlier than twenty (20) days after notice to Escrow Agent of such cancellation, or 2. Escrow Agent may resign as Escrow Agent at any time upon'giving notice to Principal(s) of its desire to so resign, provided, however, that resignation of Escrow Agent shall take effect no earlier than ten (10) days after the giving o,f notice of resignationl or 3. Upon compliance with all escrow provisions as set forth in this Escrow Agreement and in the Documents, if any. ' , B. . In the event Principal(s) fail to agree to a , successor Escrow Agent within the period · described hereinabove, {'~, Escrow Agent shall have the right to deposit all of the Escrowed ; ", .;~r:,~ Property held hereunder, into the registry of an appropriate court, ",',:iil';~:' and request:. judicial determination of the rights between ",f 'J::: Principal(s), by interpleader or other appropriate action, and '..",<'" principal (s) hereby, jointly and severally, indemnify and hold , '!, '; Escrow Agent harmless from and against any' damages or losses in connection therewith inClUding, but not limited to, reasonable attorneys' fees and court costs at all trial and appellate levels. ~ . i, B-3 .. " DECL~RATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CITRUS GLEN . .' THIS DECLARATION, made by Intracoastal Developrent Ine. Florida, herein referred to on the date hereinafter set forth , acorporatAon 'hf the State of I as DECLARANT. WIT N E SSE T II: WHEREAS, DECLARANT is the owner of certain real property situated in the city of Boynton Beach, Palm Beach County, Florida, which is more particularly described in ARTICLE I of this Declaration; and, , . WHEREAS, DECLARANT desires to create a quality housing development with restrictions, covenants, conditions, easements, charges and liens as hereinafter set forth for the preservation of the property values and protection of the OWNERS therein; NOW" THEREFORE, DECLARANT declares that all of the property described in ARTICLE I shall be held, transferred, sold, conveyed and occupied subject to the following easements, restrictions, covenants, conditions, impositions, charges and liens which are for the purpose of protecting the value and desireability of, and which shall run with, the real property and be binding on all parties hav~ng an~ !ight, title or interest in the describ~d properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each OWNER thereof. I' jl ARTICLE.!. DEFINITIONS . i I , The following words, when used in this Declaration, shall have the foilo~ing meanings: 1. ASSOCIATION shall mean and refer to CITRUS GLEN HOMEOWNERS' ASSOCIATION, its successors and as~igns. 2. OWNER shall mean and refer to the record owner, whether .. one or more persons or entities, of a fee simpl~ title to any lot, or any portion of a lot on which a dwelling unit is or may hereafter be located, which IQts or portions thereof are a part of the PROPERTY, including contract sellers, but excluding those persons or entities having such interest merely qS security for the performance of an obligationor'debt~ ,3. PROPERTY shall mean and refer to all the real property in the aggregate described on Exhibit A attached hereto and m,ade a part hereof, subject nevertheless to easements, restrictions, .1 reservations; covenants, limitations and conditions of record. . If> . 4. COMMON AREA shall mean all the real property (including the improvements thereto or located thereon) owned by the ASSOCIATION for the common use and enjoyment of the OWNERS. The common areas to be owned by the ~SSOCIATION e"en if not owned by the ASSOCIATION at the time of the recording of this Declaration, are described and set forth on Exhibit B attached hereto and made a part hereof. DECLARANT undertakes and agrees that the COMMON AREAS described herein shall be free of any mortgage liens or other encumbrances on or before December 31, 1994. 5. LOT shall mean and refer to any plat of land or any portion ~hereof upon which a dwelling unit has or may hereafter be constructed, which lot or portion thereof is shown upon any recorded subdivision may of the PROPERTY with the exception of the COMMpN AREA. 6. DECLARANT shall mean and refer to INTRACOlI..STAL DE.'VEWPNENl' INC., ;A. corporation of the State of Florida, its successors and assigns if such successors or assigns should acquire more than one undeveloped lot or portion thereof from the DECLARANT for the purpose of development. Upon the conveyance of the COMMON AREA submitted or conveyed to the ASSOCIATION for the purpose of maintenance of the CO~10N ~REA, the ASSOCIATION shall be considered owner for the purposes of this Declaration and have the responsibility of owner as, those responsibilities pertain to the common areas herein .\ ARTICLE II. . PROPERTY RIGHTS IN COMMON AREAS 1. 'On or before the earlier of the dates set forth in ARTICLE III, Paragraph (a) and (b), DECLARAN'r shall cOrlvey to , the ASSOCIATION the COMMON AREAS described in Schedule B attached to and made a part of this DECLARATION and the DECLARANT hereby covenants that the majority control of the ASSOCIATION shall be in the OWNERS of lots other than the DECLARANT or Developer of the properties on the' earlier of such dates. 'l'he DECLARANT I hereby covenants and agrees that neither the-DECLARANT nor the ASSOCIATION will conveyor transfer (or enter into a contract for the same) the CO~ON AREAS,prior to the date ~ontrol of the ASSOCIATION is in OWNERS other than the DECLARANT or Developer. . -., -- . ~ .. . I 2. OWNERS' EASEMENTS OF ENJOYMENT. Every owner ofa lot or a portion thereof on which a dwelling unit is or may hereafter be constructed shall have aright and easement dt enjoyment in and to the COMMON AREA which shall be appurtenant to and shall , pass with title to every lot o~ portion thereof as herein contemplated, subject to the following provisions: (a) 'The right of the ASSOCIATION to charge reasonable ad- mission and other fees for the use of any recreational facilities, including the entire' COMMON AREA, by any OWNER for any period during whibh any assessment ~gainst his lot or portion thereof remains unpaid: and for a period not to exceed sixty (60) days for any infraction'of its published rules and regulations; (b) The ,right of the ASSOCIATION to dedicate or transfer all or any part 'of the COMMON AREA to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing-to such dedication or transfer signed by two-thirds(2/3rds) of the members entitled to vote has been recorded. 3. ' bELEGATION OF USE. Any OWNER may share, in accordance with the By-Laws of the ASSOCIATION, his right of enjoyment to the COMMON AREA and facilities with the members of his family, his tenants, or contract purchasers who reside on the PROPERTY. , . Alt'l'ICLE III. MEMBERSHIP AND VOTING RIGHTS 1. Every owner of a lot or portion thereof ~hich is subject to assessment shall be a member of the ASSOCATION. Membership shall be appurtenant to and may not be separated from ownership of any such lot or portion thereof. 2. The ASSOCIATION shall have two classes of voting membership: CLASS A. Class A members shall be all oWhers, with the exception of the DECLARANT, and shall be entitled to one (I) vote for each lot or portion thereof owned. When more than one person hol& an interest in any lot'or portion thereof, I all such persons shall be members, but the vote for such lot or portion th~reof shall be exercised as they determine, but in no event shall more than one (1) vote, be cast with , , respect to any lot or portion thereof. CLASS B. Class B member(s) shall be the DECLARANT and/or its assigns, .and shall be entitled to four (4) votes for each lot or portion thereof owned. The Class B membership shall cease and be converted to Class A membership 011 th~ happening of either of the following events, whichever occurs earlier: (a) When the total votes outstanding in the Class A -membership equal the total votes outstanding in the Class B membership, or -3- .... . I'. . '. (b) On December 31, 1994. ) 3. The calculation of votes and consequent control bf the Association shall be based on/~nd determined on' the basis of a total of 106 ;' dwelling units, being the number of dwellinq units contemplated by the Preliminar1 Plat of the entlrb28.80Acre Tract of which the property described in , Exhibit A is a part. t ARTICLE IV. ., COVENANT FOR MAINTENANCE ASSESSMENTS 1. 'CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. The DECLARANT, for each lot or portion thereof owned within the PROPERTY, hereby covenants, with-each OWNER of any lot or portion thereof by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is d~emed I to covenant and agree to pay to the ASSOCIATION: (1) Annual Assessment or charges, and (2) Special Assessments for capital imprqvements; such charges and/or assessments shall be established and collect:ed as hereinafter provided. The Annual and Special Assessments, together with interest, costs and reasonable attorney's fees, 'shall be a charge on the land and shall be a ,continuing lien upon the PROPERTY against which each such assessment is made. Each such assessment, together with I - -interest, costs and reasonable attorney's fees shall also be the personal obligation of the person(s) who was\the owner of such property at the time when the assessment fel~ due. The _ i personal.obligations for delinquent assessments .shall not pass to the OWNER's successor in title unless expressly assumed by such successor. 2. PURPOSE OF ASSESSMENTS. The assessments levied by the ASSOCIATION shall be used exclusively to promo.te the recreation, health, safety and welfare of the residents in the PROPERTY and for the improvement, preservation and maintenance of the COMMON AREA. . ' 3. MAXIMUM ANNUAL ASSESSMEN'f. Until December 31, of the year during which the conveyance of the first lot or portion thereof is made to an OWNER, the maximum shall be $1,200.00 per portion of any lot, payable $300.00 quarter-annually. I' . . . '. . I' .f ~ .,.-..-------- . (a) From and after January 1 of the year immediat~ly following~he conveyanbe of the first lot or portion thereof to an OWNER, the maximum annual assessment may be increased each I year not more than 20% above the maximum assessment for the previous year without a vote of the membership. (b) From and after January I of the year immediately following the conveyance of the first lot to an OWNER, the maximum annual assessment may be increased above ten percent (10%) by a vote of two-thirds (2/3rds) of the members who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors of the ASSOCIATION may fix the aIlnual assessment at an amount not in excess of the maximum. " 4. SPECIAL ASSESSMENTS FOR CAPITAL IMPROVEMENTS. In addition to the annual assessments authorized above, the ASSOCIATION may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or. replacement of a capital improvement in or upon the COMMON AREA, including fixtures and personal property related . thereto provided that any such assessment shall have the assent of two-th~rds (2/3rds) of the votes of each cla.s of members who are voting in person or by proxy at a meeting duly called for these purposes. 5. CLASS B.MEMBERS EXEMPT FROM ASSESSMENTS. The Class B members shall be~ and are hereby exempted from the above pro- visions with respect to the providing of money 'for annual or special assessments; provided that the Class B members shall bear their proportionate share of and do or cause to be done any of the work, maintenance, construction, or providing of those services and/or improvements for which such assessments are intended~ I 6. NOTE AND QUORUM FOR ANY ACTIONS AUTHORIZED UNDER PARAGRAPHS 3 and 4 ABOVE. Written note of any meeting called for " the purpose of taking any action authorized under Paragraphs 3 or 4 above shall be sent to all members not less than ten (10) days nor more than twenty (20) days in advance of the meeting. At the first date of any sucp meeting called, the presence of . - members or of proxies entitled cast sixty (60%) percent of all the votes of each class of membership shall constitute a quorum. " . If the required quorum is not present, another meeting may be called subject to the same notice requirement, and any number t of members or proxies present shall constitute a quorum. No such subsequent meetings shall be held more than forty-five (45) days following the preceding meeting. .... . ~. .... 7., UNIFORM RATE OF ASSESSMENT. Both annual and special assessments:must be fixed at a ,uniform rate for all lots or portions thereof' and may be collectep on a .periodic b~sis. As is contemplated by the preliminary subdivision map of the PROPERTY heretofore approved by the municipal bodies ?f th~ City of Boynton Beach, ~nd as permitted by the ordinances of t' . . said city, there will or may be conveyances made of whole lots, or of parcels of approximately one-half (1/2) of such lots, t . . described in this Declaration as portions of lots. For the purpose of calculating annual or special assessments, the assessments applicable to the one-half (1/2) or portions of lots shall be equal to one-half (1/2) of the assessments for whole lots, unless and until any of the whole lots are divided in or substantially in the same manner as the one-half (1/2) or portions of lots are divided, in which case the assessments applicable to the newly divided lots shall be on a . basis similar to those applicable to the one-half (1/2) or portions- of lots. B. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES. The annual assessments provided for herein shall conunence as to I all lots or portions thereof on the first day of the month immediately following conveyance of any lot or portion thereof . . or a dwelling u~it to an OWNER. The first annual assessment shall be adjuste4 according to I the number of months remaining in the calendar year. 'The Board of Directors of the ASSOCIATION shall fix the amount of the annual asse~s~ent against'~ach lot or portiori~ thereof at least thirty (30) days in advance of each annu~liassessment , . ..I . period. Written notice of the annual assessment. shall be sent to every OWNER subject thereto. The due dates shall be established by the Board of Directors. The ASSOCIATION shall, upon demand, and for a reasonable charge, furnish a~ertificate signed by an officer of the ASSOCIATION settin~ fort~whether the assessm~nts on a specified 'lot or portion thereof have been paid. A properly executed. certificate of the ASSOCIATION as to the status of assessments on a lot or portion thereof shall . .. be binding upon the ASSOCIATION as of the date of its issuance. No lot or.portion thereof shall be responsible for the payment <' J _. of asses~ments unless and until it has been conveyed by the DECLARANT or its assigns to an OWNER, the DECLARANT :or its assigns being exempt from such assessments;unti1 Dece~ber 31, 1999, in accordanpe with the terms .ot. th1S Declarat1on. ., ~ ., , .. \ '. , . (b) As of the Closing, Seller will have no unpaid bills for labor performed or materials supplied incident to the'Subject , property. A no lien affidavit stating same .wi 11 be delivered by . ; I' t' 'f' !l . Ii. ',1 :.1';; ;,.',1 ;\' ;h :\ ,f t.I:I' , , , . .[' . , I . !, I I. ol Seller to Purchaser at the Closing. (c) Seller has the power and authority to execute, deliver and carry out the terms and revisions of this Agreement and has taken all necessary action to authorize its execution and delivery (except as otherwise provided for herein). This Agreement has been duly authorized, executed and delivered on behalf of the Seller and constitutes a valid and binding obligation of the Seller, 'enforceable ,. in accordance with its terms. No consent, authorization or approval by any governmental or public body or authority is required in connection wi th the execution, deli very and performance by the Seller of the Agreement and/or taking any of the action contemplated herein. In the event any representation and warranty ~et forth above and otherwise made by the Seller in connection with this transaction, cannot be confirmed at the time of closing, Purchaser in his discretion may request Seller to restate such representation and warranty within Seller's affic)avit with such ~bligations surviving the Closing and delivery of deed or terminate this Agreement and be refunded all . deposits paid hereunder (together with interest accrued thereon), at which time this Agreement shall be considered null and void without further force and effect. 6. Physical Condition of Property/Access for Examination. Purchaser, personally or through his agents, employees and/or contractors, may go upon the Property at any time or from time to time prior to the Closing, to make boundary lines or topographical surveys and to conduct' such soil, engineering, environmental and other tests, investigations and analysis of the property as Purchaser deems desirable, provided tha t ,purchaser. and Purchaser's agents, employees and/or contractors, shall comply with all applicable laws and ordinances in . ,', connection with such activities relating to the Property. Purchaser ., agrees that no construction of any nature, incluBing grating, shall be initiated and no trees or bushes shall be cut or removed prior to closing except as may be reasonably required to prepare a survey of ~ 5 ~H : , . . . , .. .. , .' J, '*' 9. EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION. Any assessment not paid within thirty (30) days after the due 'date shall bear interest from the due date at the rate of nine (9%)percent per annum. The ASSOCIATION may bring an action at law against the OWNER personally obligated to pay t~e same, or foreclose a lien against the property. No OWNER may waive or oth~rwise escape liability for the assess- ments provided for herein by non-use of the COMMON AREA or abandonment of his lot or portion thereof. 10. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage granted to or issued in favor of a reg'ularly constituted and government supervised lending institution. Sale or transfer of any lot or portion thereof shall not affect the assessment lien. However, the sale I or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereqf, shall extinguish the ~ lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot or po~tion thereof from liability for any assessment thereafter becoming due or from the lien thereof. 11. RIGHT OF CITY OF BOYNTON BEACH TO MAINTAIN UPON DEFAULT pY ASSOCIATION. In the event the ASSOCIATION fails properly to maintain the COMMON AREAS or any portion thereof 'in a raa~onable manner, the City of Boynton Beach (C~ty) shall have the right, but not the obligation, to undertake such maintenance, repair or replacement as may be r~asonably necessary. ,- I The judgment of the City as to whether or not the standard of maintenance called for in this paragraph is being met shall be final. The right of the City shall not become effective, , I however, unless written notice shall first be given to the ASSOCIATION of the details of the intended maintenance, repairs or replacements to' be undertak~n by the City, and thirty (30) days shall elapse after the giving of such notice. If during such thirty (30) day notice the ASSOCIATION shall CORUDence and diligently pursue the completion of such maintenance, repair or replacement, then the city's rights shall not become effective. In the event the City 'shall expend any m6hey in maintaining, J . repairing or replacing any part of the COMMON AREA pursuant to the right given to the City herein, then the City shall have the right to assess all the OWNERS for such expenditures in the same manner as the ASSOCIATION would have had, except that the city shall not be subject to any limit established herein. Any such assessm~nt levied by the city shall be subject to collection by the City by any of the remedies given -to the ASSOCIATION for collection of assessments, and such assessments shall be a lien on , all the land affected by this Declaration proportionately allocated to each OWNER. ARTICLE V. ARCHITECTURAL CONTROL ~ No buildin~, fence, wall Qr other structures shall be commenced, erected or maintained upon the PROPERTY, nor upon any lot or portion thereof, nor shall any exterior addition l to or change or alteration therein be made unless and until the plans and specifications sho~ing the nature, kind, shape, heighe, material, proposed color scheme, and location of the same'sha~l have been submitted to and approved in writing as to harmony of external design and location in relation to surro~nding structures and topography by the Board of Directors of ,the ASSOCIATION, or by an architectural review committee composed of three (3) or more representatives' appointed ~ by the Board. In the event said Board ot its designed committee fail ,to approve or disapprove such design location and colors within~thirty (30) days afte~ said plans and specifications have been submitted to it, approval will not be required and this ARTICLE will be deemed to have been fully complied with. .Such control shall not be applicable to any construc- tion by DECLARANT, its successors or assigns whether according to its own discretion or pursant to any approval granted by the municipal officials"or boards of the City of Boynton Beach. All adjoining unit~ shal1 be maintained in t~e same. color, and the owners thereof shall, from time to time, agree upon the color; in the event that the said owners shall be unable to agree, then they shall notify the ASSOCIATION, which shall select the color, which shall be applied by the owners. ;i ARTICLE VI. SPECIAL EASEMENT AND MAINTENANCE PROVISIONS Each owner shall have the right and privilege: to keep and maintain in perpetuity any part or portion, segment or section of his dwelling unit 'on, in or over the property and/or dwelling unit of the otherJ to repair, rebuild, maintain, I ' service and otherwise take care of his dwelling unitJ to go upon those parts of the adjoining property or dwelling as may be necessary in order reasonably to accompli~h the same. The condition of any of the above is that any person, whether doing said work personally or through the services of others shall: do and perform such work during usual and normal working hours, and in such a manner, where possible, as not unduly to disturb the domestic peace and tranquility of his adjoining owner; in going upon the premises or dwelling' of his adjoining owner, the other shall be liable and responsible to him ~for any damage of any manner done to the property or dwelling of his neighbor. Such adjoining owners shall so treat of and with their dwellings that their neighbors shall reasonable access to,~oofs and other portLn~-of the plDperty and/or dwellinnR . for the purposes herein set forth. Where adjoining and/or ~ . connected dwelling units are so const~ucted that rain or surface waters are cast or flow from one to the other, this . shall not be considered a trespass and such conditions I or situations shall be considered proper, natural and . . usual for the purposes of this Article. Owners shall specifically have the right and privilege in accordance with the standards and conditions set forth above, to repair, maintain and treat of and with their property and ... dwellings so as to maintain the said integrity of their property and dwellings. Wherever the e,aves, overhangs or other portions of dwellings are so constructed as to encroach upon or over the dividing line separating any lot or portion thereof from any other portion, the owner in question shall have the right and privilege to maintain such situation, repair and maintain the dwelling, etc., all as contemplated by and in accordance ~ith the standards and conditions of this Article. All of the above standards of care and maintenance shall apply with equal force and effect to privacy walls I which maybe constructed on or straddling ;the side of division lines o~ any lot or lots constituting any portion of the property. Anything'otherwise contained in or set forth in this I \& Declaration to the contrary notwithstanding, the provisions of this Article shall attach to, be and run ~ith the lands and premises subject hereto in perpetuity. ARTICLE VII. GENERAL PROVISIONS ~. 1. USE RESTRICTIONS. The lots or portion thereof herein described may be used for residential dwelling units and for no other purposes; no commercial, industrial or other non-residential builQings may be erected on the lots or . . portions thereof and no businesses may be conducted on any part of a 'lot or portion thereof nor shall any building or thereo~ be used or maintained as a professional office. .,' . . , , , . 2. MAINTENANCE OF LOTS. All areas of lots or po~tions thereof not covered by buildings, structures or paved parking facilities sharI be maintained as landscaped areas, and shall 'be maintained to the pavement edge or any abutting streets and to the property lines of the various lots or portions thereof. The said landsqape areas shall J . be maintained by the OWNER in good and substantial condi- tion, and so as properly to maintain and promote the property values of all lots and portions thereof and properties within the entire subdivision which is the subject matter of this Declaration. In the event that any OWNER shall fail or refuse to maintain such areas as above provided the DECLARANT and/or the ASSOCIATION shall have the right to enter upon such areas and to install thereon such landscape mate~ial as may be necessary to comply with the maintenance of such standards and/or to maintain the same; any such entry made by the DECLARANT or the ASSOCIATION shall not be deemed a trespass. Should said right to install and/or maintain the said landscape areas be exercised the cost thereof shall be borne by the OWNER and payment thereof shall be due ?nd payable to the DECLARANT and/or the ASSOCIATION within thirty (30) days from a written request to the OWNER to pay same. Should the OWNER fail to make such payment within the said thirty (30) day period, then the D?CLARANT and/or ASSOCIATION shall have a lien for the cbst thereof, enforceable as otherwise provided herein. 3. All areas within the public right~'of way not maintained by the City of Boynton Beach shall be maintained by the ASSOCIATION, and the adjoining owners shall have no obligation for maintenance thereof. The ASSOCIATION shall alsormaintain the property within the 10' planting and utility easements along the perimeter of the property. 3(a). THE OWNERS shall be responsible for and shall " maintain as provided for in the Declaration all of the property ownetd by them and which J,Uay be wi thin the p~tio walls which may be constructed on the property during the construction phase of the development. All portions of the property located outside of the patio walls shall be attended to and maintained by the ASSOCIATION and the :OWNERS shall have neither the obligation nor the right to maintain the same. The costs of ~uch maintenance shall be borne by the ASSOCIATION and shall - 10 - " . . , . . be among the normal costs of the ASSOCIATION for which assessments will be levied and collected as part of the regular budget and expense of the ASSOCIATION. i 4. ACCESSORY OR T~MPORARY BUILDINGS. No tents and . no accessory or temporary buildings or structures shall be permitted upon a lot or a portion of a lot unless approved in writing by DECLARANT and/or the ASSOCIATION. A tempprary construction facility may be permitted during construction and its size, appearance and temporary location must be approved by DECLARANT and/or the ASSOCIATION in writing. Any signs to be used in conjunction with this temporary construction facility must also be approved by DECLARANT and/or the ASSOCIATION in writing. 5. NUISANCES. There shall not be erected, maintained, operated, carried on, permitted or conducted upon any lot or portion of any lot any thing or activity which shall be or become noxious or offensive or an annoyance or a nuisance to the OWNER or OWNERS of other lots or portions thereof. 6. ANTENNAE. No outside antennae, poles, masts, electronic devices or towers shall be permitted unless approved in writing by DECLARANT and/or the ASSOCIATION. 7. GARBAGE CONTAINERS, OIL AND GAS TANKS, AIR CONDITIONERS. All garbage and trash containers, oil tanks and bottled gas tanks must be underground or placed in walled-in area so that they shall not be visible from any street or adjacent lot or portion thereof. All air- t . i . conditioning units and equipment shall be shielded and hidden so that they shall not be visible from any street or adjacent property. Landscaping adequate to screen . I air-conditioning units and equipment: and the garbage and trash containers, oil tanks, if any, shall be installed and maintained by the OWNER to provide an aesthetically pleasing treatment of those walled-in areas and of the air conditioning units. 7a. Mail box posts and mail boxes shall or may be placed or installed by DECLARANT or its assigns in accordance with regulations and requirements of the U.S. Postal Department. Posts and/or boxes so placed may be mainta~ned by the OWNER thereof even if it is placed upon the adjoining premises of his neighbor.. . ... III . fj _ B. SIGNS. ,No signs shall be erected or display.ed ,on any lot or po~tion thereof, including but not l~mited 'to' signs advertising the lots or portions thereof.for.sale or rent. or any other purpose, unless t~e placement and character, form, size and time of placement of such signs be first approved in writing by DECLARANT and/or the ASSOCIATION. No free standing signs shall be permitted unless approved in writing by DECLARANT and/or th~ ASSOCIATION. This regu- lation sh~ll expire, and the right of the DECLARANT and/or the ASSOCIATION to control such signs advertising lots or portions thereof for sale or use or other purpose shall expire , If> on December 31, '1994~. All signs must, in addition to the above, also conform with applicable governmental ordinances, rules,~laws and regulations. " . . 9. TRUCKS AND OTHER VEHICLES. No truck or commercial vehicle of any kind shall be permitted to be parked on any lot or portion thereof at any time for a period of more than four (4) hours unless the same is temporarily present and necessary in the actual construction or repair of build~ngs on the PROPERTY. No truck or commercial vehicle of any kind shall be parked on the PROPERTY overnlght and no boats, boat-trailers or trailer~ of any kind or campers or mobile ., . homes shall be permitted to part on or near the PROPERTY at any t~me unless kept fully enclosed inside a building. None of the aforementioned shall be used as a domicile or residence eit~er permanently, or temporarily. 10. ENFORCEMENT. The DECLARANT, the A~SPCIATION or Ii' any OWNER shall have the right to enforce by any proceeding, at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the ASSOCIATION , or by the DECLARANT' or by any OWNER to enfor?e any covenant or restriction herein contained shall in no event .be deemed a waiver of the right to do so thereafter. 11. SEVERABILITY. Invalidation of: any one of theBe covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. . . . -12- .... w.' "... 12. AMENDMENT. The ,covenants and restr~ctions of this Declaration shall run with and bind the land, for a period of twenty-five (25) years from the date this Declaration is recorded, after which time they shall be automatically I extended for successive period of ten (10) years unless terminated in accordance with the standards of amendments. set forth in this paragraph. This Declaration may be amende~ during the first twenty-five (25) year period by any instrument signed by not less than sixty-five (65%) percent of the lot OWNER or OWNERS of portions of lots, and thereof. Any amendment must be recorded in the \ official records of Palm Beach County. 13. ADDITIONAL PROPERTIES. DECLARANT reserves the right by reference to this Declaration to include additional proper~ies or, areas at or adjacent to the deve~opment site of which the area on Schedule A annexed is a part, to be cover~d and made subject to this Declaration. ... ARTICLE VIII. PARTY WALLS " , 1. Each wall which is built as a part of original construction of the homes upon the properties and placed on the dividing line between the Lots shall constitute a party wall and, to the extent not inconsistent with the provision of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 'I " I 2. Every Lot and the improvements thereon having a party wall shall be burdened with an easement of support for the benefit of each adjoining Lot and the improvements thereon. 3. The cost of reasonable repair and maintenance of a party wall shall be shared by the OWNERS who make use of \ the wall in proportion to such use. I 4. If a party wall is destroyed or damaged by fire or I other casualty, any OWNER who has used the wall may restore it, and if the other OWNERS thereafter make of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such OWNERS to call for a larger contribution from the others under any rule or law regarding liability ) . for negligent or willful acts or omissions. 5. Notwithstanding any other provisions of this Article, an OWNER who by his negligent or willful act, causes the party wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against, such elements. ,'-'.......,1r.Ji, :. .;. .. po.. . ' . . .. I' 6. The right of any OWNER to contribution from"any other OWNER under this Article shall be appurtenant to the .' ." . 4 land anQ."shall pass to suph OWNER'S successol\,in title. 7. In ~he event of any dispute arising concerning a party wall, or under .the provisions of this Article, each OWNER shall choose one (1) Arbitrator, and such Arbitrator '. shall 'coose one (1) additibnal Arbitrator, and the decision ., sha.ll be by a majority of all the Arbitrators. ,~ IN WITNESS WHEREOF. INTRACOASTAL DEVELOPMENT INC., does hereby execute this Declaration of Restrictions in its name by its undersigned President, and affixes its corporate seal hereto, this day of sept;-, 1987, at Delray '1each, Florida. . " INTRACOASTAL DEVELOPMENT INC. . I' .. BY' Na,than J. Miller, President ,.. I' AT'fEST: \' . II STATE OF FLORIDA COUNTY OF ) ) ss: l' , i I HEREBY. CERTIFY that on this day, I before me, an officer duly authorized in th~ S~ate and County aforesaid. to take acknowledgements, personally appeared tJ1\TlI1\N J. MILLER, presid,ent and ALAN MILLER, Vice President, bf.' Intracoastal Oeveloprent Inc., a Florida partnership, to me known to be the person described in and who executed the fore9oing instrument and he acknowledged that the said instrument is the act and deed of said corporation. WITNESS my signature and offIcial sea1 ~t .' in the County of Palm Beach and the State I of :FIOrlda, this _ day of Sept., 1987. II ~. I NOTARY. pUBLic, STATE OF FLORIDl\ MY COMMISSION EXPIRES: . I. .. . .' " j.. , . It. , " t~" I . . , . ,.- . 1 . . .f .. EXHIBIT "A" LEGAL DESCRIPTION The Northwest quarter (NW 1/4) of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4); and the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) of the Northwest quarter (NW 1/4); and the Northwest quarter (NW 1/4) of the Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4) of Section Eighteen (18), Township Forty-Five (45) south, Range Forty-Three (43) east, Palm Beach County, Florida. If> " , I I . ,,' ...-~~ . ...... J' "4 " .;~~ , l\GRCEHENT FOR PURCHl\SE AND Sl\LE THIS AGREEMENT FOR PURCHASE AND SALE ("Agreement") made 3nd entered into by and between INTRACOASTAL DEVELOPMENT, INC., a Florida . . $ corporation and/or its assigns, 70 South Congress Avenue, Suite 2J1, Delray Beach, Florida ("purchaser")l and BOYNTON NURSERIES, a F:~:~ja I general partnership, of 1425 Wilkens Avenue, West Palm Beach, Flc~~da ("~el1er"). WIT N E SSE T II: WHEREAS, Seller is the owner of that certain real property lying, being and situate in Palm Beach County, Florida, which is legally descr ibed on Exhibi t "A" attached hereto and made a part hereof ("Subject property"); and WHEREAS, Seller is desirous of selling the Subject Property upon the terms and conditions hereinafter set forth: and, WHEREAS, Purchaser is desirous of purchasing the Subject Property upon the terms and conditions hereinafter set forth. Nm'l, THEREFORE, for and in consideration of good and valuable considerations, the receipt whereof is hereby acknowledged by each party hereto from :the other party hereto and in consideration of the mutual covenants, conditions and promises herein contained, the parties hereto do hereby agree as follows: , 1. Sale of Subiect Property. Seller agrees to sell the Subject Property. and Purchaser agrees to purchase the Subject Property from Seller subject to and upon the terms and conditions hereinafter set forth. 2. Purchase Price. The purchase price to be paid by Purchaser to Seller for the Subject Property shall be ONE MILLION THREE HUNDRED ... , EIGHT-SIX THOUSAND DOLLARS ($1,386,000) (lIpurchase Price") which is based upon FORTY-NINE THOUSAND FIVE HUNDRED DOLLARS ($49,500) for each acre of land (prorated for each partial acre) included within the i . SUbject Property. In determining the actual amount of acres to be !II paid for, there shall be deducted from the area to be conveyed the portions containing rights of way of all paved highways, ra~lroads, power transmission lines, gas transmission lines, intercity telephone ~ ~ '" . . . lines, unpaved county roads or rights of way of other utilities or any other area included therein which is burdened by easement or other encumbr ance on the da te of this Agreement's execution, which would .. prevent such area from being included in the gross area of prope r:y for the purpose of establishing the permitted density of buil(.:i:1g I units per acre, as hereinafter provided in Paragraph 8. The calcuI2~i~n o"lith L~::';p~-';:'" to t!1e amount of acree ';~ithir l:h~ S',hjp~t- l?roperty "::1d the areas of that portion thereof which is subject to an easement or encumbrance, resulting in a reduction in the permitted density of building units per acre, as hereinbefore described, shall be made by a licensed surveyor or Florida engineer selected by the Purchaser and found acceptable to the Seller. The expense incurred for such survey shall be borne by the Purchaser. Such determination shall be made at least ten days prior to the closing date hereof and Purchaser shall 'provide Seller with the survey and calculations used in arriving at '" the Purchase Price in the manner aforesaid. 3 . Method of Pavment. The Purchase Price shall be paid as follows: (a) Upon the execution of this Agreement, Purchaser shall deliver to Gunster, Yoakley, Criser & Stewart ("Escrow Agent") good and sufficient funds in the amount of FIFTY THOUSAND DOLLARS ($50,000) ("Deposit"), such sum being a part of the aforedescribed Purchase Price. The Deposi t shall be held by the Escr ow Agent, in an FDI C- insured money market account with interest income to inure to the benefit of the Purchaser as a credit against the Purchase Price, providing Purchaser does not default under the terms of this Agreement, and shall be retained, pursuant to the terms and conditions of an "Escrow Agreement" which is attached hereto and made a part hereof. .' (b) ONE MILLION THREE HUNDRED THIRTY-SIX THOUSAND DOLLARS ($1,336,000) at "Closing" (as hereinafter defined), being the balance of the Purchase Price (subject to prorations, credits and adjustments) . of which the Initial Deposit shall be a part thereof, shall be payable by received wire transfer of good and sufficient federal funds or local cashier's check to Seller or Seller's attorney, as Seller shall designate. II 2 . 4 1....._..... t. '. (c) The Purchaser shall, in its sole judgment and discretion, satisfy itself as to the suitability of the Subject Property for development and such other general conditions deemed relevant by the Purchaser. During Purchaser's review of the Subject Property, all deposits plus interest accrued thereon shall be fully refund~ble within ninety (90) days following this Agreement's execution by ':he parties, and upon purchaser's request the Escrow Agent shall refund to Purchaser all deposit (s) (plus interest accrued thereon), at ~.;r: ~ch time t.his Agreement shall be deemed null and void without further force and effect with neither party having further responsibility or liability to the other hereunder. (d) All deposits, plus interest accrued thereon, shall become non-refundable to the Purchaser, except in the case of Seller's ;""~.' d:fault hereu~der, ninety-one (91) days following this Agreement's execution. Notwithstanding the foregoing, Purchaser shall receive a credit toward the.purchase Price for the deposits and interest earned thereon, upon the ,condition that closing of title to the Subject Property takes place within the time period (s) provided for in accordance with the terms of this Agreement subject to any rights of extension as hereinafter set forth. 4. Title. ~ On or before thirty (30) days from the "Execution Date" (as hereinafter defined) Seller shall, at Seller's expense, cause to be delivered to Purchaser a commitment for the issuance of an , ALTA Form B title insurance policy for the Subject Property (together with recorded copies of the exceptions listed therein) in the amount of the Purchase Price ("Commitment"). The expense of the title insurance policy to be issued pursuant to the Commitment shall be the sole obligation of the Seller and shall be payable at Closing to the Seller's issuing agent. Purchaser may, at Purchaser's expense, obtain his own survey of the Subject Property ("Survey"), al though the failure of Purchaser to obtain the Survey shatl not be deemed a default by :1 Purchaser hereunder. Purchaser agrees to provide Seller, on a best efforts basis, on or about ninety (90) days following the execution of this Agreement, a copy of the Survey for purposes of deleting the survey tJ .3 ',. ,.' . . exception in the Commitment. If the Survey reveals any en~roacnment or other defect affecting the Subject Property, said encroachment or other defect shall be treated as a title defect (excluding Permitted Exceptions). Purchaser shall have fifteen (15) days from receipt of the Comm:~~ent t to review title to the Subject property. In the event the Sur-:8Y or Commitme~t shall c0fitai~ ~~ceptions other than the n~~~~~~n~ ~_~~--~n__ .... ._~""..4.____ ~.:........ _". ......~.t_ as defineu herein which render title to the Subject Property :'0 be other than good, marketable and insurable, then,Purchaser shall have the right to object to the status of Seller's title; provided, however, in the event Purchaser shall fail to object to the status of Seller's title within such fifteen-day period, then Purchaser's right to object to the status ~f Seller's title shall be deemed waived and Purchaser shall be deemed to have accepted the status of Seller's title. If an .,. ~ .... .objection to title is made by Purchaser within.such fifteen-day period, Purchaser shall so notify Seller in writing specifying the matters which render Seller's title to the Subject Property other than good, marketable and insurable and Seller shall use reasonable efforts within a period of one hundred twenty (120) days from receipt of Purchaser's notice within which to remove said defects, and if Seller is unsuccessful in removing them within said time, Purchaser shall have the option to either (i) accept title subject to the defects, or (ii) request a refund of all deposits paid hereunder (plus interest. accrued thereon) which shall forthwi th be returned to Purchaser and thereafter Purchaser and Seller shall be released of all further obligations under the Agreement; however, Seller agrees that he will, if title is found to be unmarketable, use reasonable effort to correct the defect (s) in ti tIe wi thin the time provided therefore, including th~ bringing of necessary suits on such reasonable efforts basis. 5. Representations and Warranties. As an inducement to Purchaser to execute this Agreement, to close the tr arisaction contemplated , I hereby and to pay the Purchase Price therefor, Seller warrants and : represents to Purchaser that: .. (a) As of the Closing, Seller will be the owner of the Subject Property in fee simple. ,v 4 . , . " , ~ ! ;, , , : .' I.; I" i. t, Ii ~ WI' 'I 'r. i ., ! . I \ . (b) As of the Closing, Seller will have no unpaid bills for labor performed or materials supplied incident to the'Subject . Property. A lien affidavit stating '6 . be delivered by no same WJ.ll Seller to Purchaser at the Closing. (c) Seller has the power and authority to execl:te, deli ver and car ry out the terms and revisions of this Agreement ,l.nd has taken all necessary action to authorize its execution and delivery (except as otherwise provided for herein). This Agr~ement has _~en duly authorized, executed and delivered on behalf of the Seller 3.nd constitutes a valid and binding obligation of the Seller, enforceable in accordance with its terms. No consent, authorization or approval , by any governmental or public body or authority is required in connection with the execution, delivery and performance by the Seller of the Agreement and/or taking any of the action contemplated herein. In the event any representation and warranty s~t forth above and otherwise made by the Seller in connection with this transaction, cannot be confirmed, at the time of closing, Purchaser in his discretion may request Seller to restate such representation and warranty within Seller's affidavit with such obligations surviving the Closing and delivery of deed or terminate this Agreement and be refunded all deposits paid hereunder (together with interest accrued thereon), at which time this Agreement shall be considered null and void wi thout further force and effect. 6. Physical Condition of Property/Access for Examination. Purchaser, personally or through his agents, employees and/or contractors, may go upon the Property at any time or from time to time prior to the Closing, to make boundary lines or topographical surveys and to conduct such soil, engineering, environmental and other tests, investigations and analysis of the property as Purchaser deems desirable, provided that ,purchaser. and Purchaser t s agents, employees and/or contractors, shall comply with all applicable laws and ordinances in . connection with such activities relating to the Property. Purchaser agrees that no construction of any nature, incluaing grating, shall be initiated and no trees or bushes shall be cut or removed prior to closing except as may be reasonably required to prepare a survey of ,Ii 5 >-., i ~ the Property and to perform' such other activiJ:ies on the Property which are authorized by the terms of this Agreement. Notwithstanding the terms of this Section, neither Purchaser nor any agent, employee and/or contractor shall go upon the Subject Property until such time as Purchaser shall provide Seller vJi:~ a I public liability insurance policy containing such limits as S2':'':'er shall reQ~onably L~yUest ~nd an endorsement insuring Seller aqai~~~ any claim for loss or casualty of Seller or any third person inj~red . as a result of Purchaser's activities or the activities of the Purchaser IS agents, employees and/or contractors, on or about the Subject Proper:y. Purchaser hereby agrees to indemnify and hold Seller harmless against any loss or claim of any type resulting from purchaser's or his agent's, employee's and/or contractor's activities on the Property. Such rights 'of ~~ndemnity shall expressly survive termination of this "t. t" Agreement or delivery of the Deed and Closing and shall not be merged ther.ein. ... .s ] . i ;, (i) taxes for the year of Closing and subsequent years; (ii) zoning ~ governmental regulations; and (iii) those matters set forth on Exhibit +J ro 'B "Jand such other matters appearing of record that would not unreasonably (ffinterfere wi th the intended development of the Subject Property. .~~ ~tt~chcd hereto ~nd made a part hereof ("Permitted Exceptions"). .\1 7 . Deed/Closinq. The conveyance of the Property by Seller to Purchaser shall be by general warranty deed ("Deed") subject to: The execution and delivery of the Deed and of all other documents required pursuant to this Agreement and the balance of all sums required to be paid ("Closing") shall take place on or before J an ua r y 31 s t , 19 8 8 . Purchaser shall provide Seller (at Seller's option) thirty (3D) days' notice prior to scheduling a date for closing in order to permit Seller the opportunity to remove certain nursery materials from the Subject Property. The Closing shall .take :' place at the offices of Gunster, Yoak~ey, Criser ~ stewart, 777 South .. Flagler Drive, West Palm Beach, Florida or such other location as required by Purchaser's institutional mortgage lender. Notwithstanding '. the foregoing, it is understood that the date of Closing shall be .. subject to satisfaction of the condi tions 'precedent to Seller's and 6 " .. I , . \. " . . . , . Purchaser's obligations for closing of title as s~t forth in Article 8 herein. 8. Conditions Precedent to Purchaser's ObliGation for Closinq of Title. Purchaser's obligation hereunder to close title in accordance wi th the terms contained herein shall be subj ect to and contin 9 3n t upon each and all of the following conditions (hereinafter collectively referred to as the "Conditions Precedent") : (a) That the Subject Property, at the time of Closing, has been annexed by the City of Boynton Beach and its land use'designation conformed to the land use amendment change proposed under the City of \ Boynton Dea9h comprehensive plan and future land use map. The Purchaser and Seller ack~owledge that the Subject Property is presently included within the proposed. land use amendment and designated as low density residential (maximum density 4.82 units per acre) e. (b) Rezoning of the Subject Property (in conformity with . the comprehensive plan and future land use map referred to above) for a planned unit development permitting a maximum of 4.82 units per acre. (c) That the Subject Property at the time of closing, is subject to reservations obtained from the appropriate utility companies confirming that no moratorium exists and availability for the premises to receive sufficient capacity and/or service of water, sewer and other utilities to meet the capacity anticipated of the project exists and that specifically sewer and water has been brought to and otherwise made available at the site of the Property, all in accordance with requirements of the respective governmental authorities. (d) .That the Subject Property at the time of closing, has , obtained all off-site easements necessary to insure availabili ty of water, sewer and other utilities services. .. 'I . I ': !' ! ; . . , , I ~. , The Purchaser agrees to 'diligently pursue the processing of all ii' . . ., : ' ~. ~ . \ ~:;;applications and take such other action, a~l at Purchaser's expense, . ...:. . ::required to satisfy the conditions set forth in Paragraph 8. . ... . . i :i; In . '. consideration ...()f the fC?regoing, the Seller agrees to assist the Purchaser in the processing and/or sa tisfying of the foregoing condi tions Ii. '. 7 ~ . ~ ~ 1~ I, ". '1 . .. . . " . precedent by providing information, and executing documents authorizing the Purchaser, or its representative, to file such applicat'ions or . other submissions required by appropriate agencies, quasi-governmental or municipal authorities, all in furtherance of satisfying such conditions precedent. The Purchaser further agrees to submit, subject to any rights of termination as provid~d for herein, prior to October 1, 1987, all applications necessary for the subject property's annexation and change of its land use designation by the City of Boynton Beach. It is further understood and agreed that Closing shall take place within thirty (30) days following the satisfaction of all Conditions Precedent as set forth herein, but in no event to extend beyond January 31, 1988. If the date of Closing shall be a Saturday or Sunday or loca~ or national holiday, the Closing shall be deemed extended to the next business day thereafter. Notwithstanding anything contained herein to the contrary, the Purchaser shall be entitled to an extension from the final closing date of January 31,' 1988, provided that Purchaser had diligently and in proper form pursued the processing of all applications and has been placed on the agenda (prior to January 31, 1988) for final approval by the appropriate local governmental municipality in order to satisfy all conditions precedent to his obligations for closing of title. Subject to the foregoing, the Purchaser shall be entitled to an extension not to exceed thirty (30) days inclusive of the thirty-day period following satisfaction of all conditions precedent as set forth herein. Purchaser shall not be entitled to further extensions from January 31, 1988, if purchaser's applications to the appropriate governmental municipalities have resulted in a final denial of the requests set forth herein or such denial results from the purchaser's failure to comply with the rules and regulations of the governmental agencies to which it has applied for such approval. In the event Purchaser has failed to satisfy the Conditions Precedent to its obligation for Closing of title, Purchaser, within . , I ten (10) business days from the failure to satisfy such condition, may: (i) waive any part of all of the Conditions Precedent not yet satisfied, or' (ii) if prior to the expiration of the first ninety .~ 8 ~~ ~ ... I .' ~ . ~~l '.. : . . . (90) days following execution of this Agreement, terminate this Agreement by written notice to Seller and have refunded ,all' deposits paid hereunder (plus interest accrued thereon) at which time this Agreement shall be considered null and void'without further force and effect1 or (iii) if subsequent to the first ninety (90) days following , execution of this Agreement, forfeit all deposits paid hereunder ~21u3 interest accrued thereon) to Seller in full settlement of all ri;~t3 and liabilities hereunder (excluding any rights of indemnity set forth in Paragraphs 6 and 15, which are intended to survive and not merg~ in any termination) at which time this Agreement shall be considered null and void without further force and effect. Purchaser agrees to assign its rights to any pending applications, petitions, wo~k product, reports, studies, soil tests, as may be in Purchaser's possession, relating to development of the Subject Property upon termination of this Agreement due to the failure of satisfying conditions precedent to Purchaser's obligation for closing of title. 9. Closinq Costs and Prorations. The parties agree that the following shall be the schedule of obligations with respect to the Closing expenses hereunder, to wit: (a) Seller shall pay for the State documentary stamps on the Deed. (b) Purchaser shall pay for the recording of the Deed. (c) Seller shall pay the premium for the title insurance policy to be issued pursuant to the Commitment. Cd) All governmental and quasi-governmental improvement liens on or against the Subject Property which have been certified as of the date of the Closing or with respect to which the work has been substantially complete as of the date of the Closing though not yet . certified, shall be paid by Seller ~nd, if not certified, Purchaser shall receive a credit, at Closing in an amount equal to th~ latest estimate therefor by the applicable governmental agency, provided . that, upon request by either party hereto, the parties hereto shall, upon the actual amount of such lien being established, make whatever adjustments are necessary to reflect the actual amount of the lien notwithstanding the fact that the Closing has occurred. Pending ~ 9 . . ~.: ~ governmental and quasi-governmental improvement liens on or against the Subject Property with respect to which the work 'has not been substantially completed as of the date of the Closing or such improvement liens which have been assessed directly or indirectly as a result of purchaser's actions (relating to the Subject Property or property in { ( close proximity thereto) whether certified or substantially comp~eted at" "f= ~ .....- the date of closinq, shall be a~sumed by the Purchaser. (e) Real property taxes on the Subject Property shall be prorated as of the date of Closing at the highest allowable discount. If the Closing occurs on a date when the taxes for the year of Closing are not fixed, taxes will be prorated based upon the then prior year's tax and at the highest allowable. discount. If the tax proration is based on other than the actual amount of taxes in question then, upon the actual amount of such taxes being known, the parties hereto agree that upon the request of either, such taxes will be re-prorated and the appropriate adjustment made notwithstanding the fact that the Closing has occurred. Except as otherwise specifically provided in this Agreement, all expenses and revenues (if any) of the Subject Property shall be prorated or credited as the case may be to the day of Closing. 10. Possession. Possession of the Subject Property shall be delivered by Seller to Purchaser at Closing, subject to Seller's right to harvest the 1987/1988 citrus crop. Purchaser acknowledges that no reliance has been made by it as to the condition of the citrus groves ~ and/or citrus crop existing upon the Subject Property. 11. Condemnation or Eminent Domain. In the event of the commencement of any condemnation or eminent domain proceeding for any public or quasi-public purpose at any time prior to the Closing resulting or which could result in the taking of ~ll or any substantial par~ of the Subject Property, Purchaser shall have the option of: (i) cancelling this Agreement in which event the Deposit and all sums paid pursuant heret~ shall be forthwith retprned by th~ holders(s) thereof to Purchaser and upon such repayment, this Agreement shall be null, void and of no further force or effect and all parties hereto shall be released and relieved from any and all further liability or obligation ,oJ 10 hereunder; or (ii) closing the transaction contemplated by this Agreement in which event the Purchase Price shall not be abated, provided, however, that Seller shall assign any condemnation or eminent domain award and its right to receive same to Purchaser. Notwithstanding anything contained herein to the contrary, purch2.ser ( I shall have no rights under this Paragraph for condemnation or emi:~.':mt ~vill~ln p~0ce~~i~gs which ;:;1.'- e U-".L! r e c t;'l - - c-. ..,. - J:" r- -'l! -,.., ,...... ,.. +- \.. ~ - e c U 1,. ~. <= '-'" .J.1 v.... J,4U..LJ..'-,---_.1" _.4_ _ _ __ __ purchaser's actions (relating to the Subject Property or propert~' in close proximity thereto). 12. Default. In the event of a default by Purchaser under this Agreemen t, except for the addi tional right to be indemnified pursuant to Paragraph 15 hereof, Seller shall only have the right to receive the Deposit (plus interest accrued thereon) as liquidated damages in full settlement of any claims against Purchaser and Purchaser shall have no othe r or fur the r r igh ts or liabili ty hereunder, the parties acknowledge the exact amount of damages are incapable of ascertainment. In the event of a default by Seller under the terms of this Agreement, except for the additional right to be indemnified pursuant to Paragraph 15 hereof, Purchaser shall have the sole and exclusive remedies of either: (i) terminating this Agreement whereupon the Deposit and all funds held by Escrow Agent shall be forthwith returned to Purchaser whereupon all parties hereto shall be released and relieved from any and all further liability or obligation hereunder; or (ii) proceeding to enforce this Agreement by an action for specific performance. Seller. shall not be in default hereunder until Seller has recei ved notice of the alleged defa ul t and has not cured same within thirty (30) days from Seller's receipt of such notice. 13. Litiqation. In connection with any litigation arising out of . this Agreement, the prevailing party shall be entitled to recover all costs incurred including, but not limited to, its reasonable attorneys I fees at all trial and' apP,ellate leveis and post-judgment proceedings. 14. Notices. Unless otherwise specifically provided herein, all notices to be given hereunder shall be in writing and sent to the " I 11 " parties as hereinafter provided, certified mail, return receipt requested, postage prepaid. Unless otherwise specifically 'provided herein, said notices shall be effective on the day such notice is deposited in the United States mails. Notices as to Purchaser shall be sent to: Intracoastal Development, Inc. 70 South Congress Avenue, Suit~ 201 Delray Beach, FL 33445 Mich~pl D. Gordon, Esquire c/o Boose, Casey, CiklIn~ et 2~. 515 No. Flagler Dr., Suite 1900 West Palm Beach, Florida 33401 u.iid a~'copy. to : Notices as to Seller shall be sent to: Boynton Nurseries 1425 Wilkens Avenue West Palm Beach, Florida and a copy to: Drennan L. Whitmire, Jr. c/o Gunster, Yoakley, Criser Ii stewart 777 S. Flagler Drive West Palm Beach, Florida Notices as to Escrow Agent: Drennan L. tfuitmire, Jr. Gunster, Yoakley, Criser & Stewart 777 S. Flagler Drive West Palm Beach, Florida 33401 The place to which any party hereto is entitled to receive any notice may be changed by such party by gi ving notice thereof in accordance with the foregoing provision. 15. Brokeraqe. Each party hereto represents and warrants unto the other party hereto that there are no real estate brokers or agents involved with respect to this transaction and that there are no I brokerage fees, finder's fees or broker's commissions due as a result of their respective execution of this Agreement or which will be due as a result of the Closing as contemplated hereby by virtue of their respective acts, inactions, conduct or otherwise except; Seller '* ag r ees to pay, if, as, when and at the time of actual closing (simultaneously with the disbursement to the Seller of the proceeds of such sale) to B.L.C. Realty, Inc., a brokerage commission in an amount equal to TWO THOUSAND TI~O HUNDRED FIFTY ($2,250) DOLLARS (inClusive of any sales tax assessed thereon) for ~ach acre of the subject property ($63,000.00, subject to re-proration) and to Charles passentino, Real Estate Droker, a brokerage commission in an amount equal to TWO THOUSAND 'rwo HUNDRED FIFTY ($2,250) DOLLARS (inclusive of any sales taxes assessed thereon) for each acre of the subject property ($63,000.00, 12 ''I : '. subject to re-proration). Each party hereto does hereby agree to indemnify and hold the other harmless from any breach of thei~ respective representations and warranties as set forth in this Paragraph. The provisions of this Paragraph shall survive the Closing. The above-named brokers shall execute this Agreement for the ~Jle II purpose of evidencing their consent to the provisions of ::..is Paragraph' 15 , out i:)h\.lll ~hJt be., ecn=id~~~r:l ;:IS parties to this Agree:J'~nt under any other provision of this Agreement. 16. Q..o v ern i n q Law. This Agreement sh?ll be governed and controlled by and enforced and construed under the laws of the state of Florida. Venue for any action or proceeding brought hereunder or pursuant hereto shall be exclusively in Palm Beach County, Florida, except as same may be in contravention of applicable law. 17. Assiqnment. This Agreement may be assigned by Purchaser with the written consent of Seller (which consent shall not be unreasonably withheld) at or contemporaneously with the closing of this transaction; however, Purchaser shall not be released from any obligations hereunder. 18. Captions and Paraqraph Headinqs. All captions or title of paragraphs used in this Agreement are for convenience only and are not intended to construe, limit, define or describe the scope or intent of any paragraph of this Agreement nor in any way to affect this Agreement. 19. Gende r. Whenever the context so requires or admits, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter form thereof and the singular form of any nouns and pr onouns herein may be deemed to mean the cor responding plural form thereof and vice versa. 20. Execution Date. The "Execution Date" hereof shall be the date when this Agreement is executed by the last of the parties hereto. 21. Time is of the Essence. Time is of 'the essence of this . Agreement and each and every term and provision contained herein. 22. Saturdays, Sundays and Holidavs. Any time period provided for herein which shall end or expire on a Saturday, Sunday, or legal holiday shall be deemed extended to the next full business day thereafter. l..1 . 13 , . .' . 23. Counterparts. This Agreement may be executed in one or more counterpar ts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. 24.- . No Wai ve r . No waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the ~2rty I against whom it is asserted and any such written waiver shall only be applicable to the specific instance to which it t 21a Lc::: and sha:":. ::ot-. be deemed to be a continuing or future waiver. 25. Entire Aqreement. This Agreement. and the documents referenced herein contain and set forth the entire understanding between the Seller and the Purchaser, and it shall not be changed, modified or amended except by an instrument in writing and executed by the party against whom the enforcement of any such Change, modification or amendment is sought. This Agreement shall be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 26. Relationship. Nothing contained in this Agreement shall constitute or be construed to be or create a partnership, joint venture or any other relationship between the Seller and the Purchaser other than the relationship of a buyer and seller of real and personal property as set forth in this Agreement. 27. Recordation. Neither this Agreement nor any memorandum of . thi s Ag r eemen t shall be recorded amongs t the .public Records of any,. .. State or County. 28. Joint Preparation. The preparation of this Agreement has been a joint effort of the parties and this Agreement shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. IN WITNESS WHEREOF, the parties hereto have executed this Agreement I: . as of the day and year appearing below their respective signatures. WITNESSES: SELLER: . . ~~~~\ ~. ~\.Il..\"Ii\~ Illt it fiu.rw-(}tk- cJ~ BOYNTON NURSERIES, a Flor~da.general partnership .Da te: I , 1987 I I. 14 . . ".:' : i ' (CORPORATE SEAL) PURCHASER: INTRACOASTAL DE LOPMENT, INC. a Florida corpo~ation BY:~ /(',_ President .' . \." ' '. . Da te : '/lit V1 , 1987 ..,:.U CONFIRMED. AND ACCEPTED: !,' ." B.L.C. REALTY, INC. . By: .~~~/ ~. {/ CHARLES PASSENTINo~a1 Estate Broker ~~~ !K~r~ ~ ~les Passentino '. 16 I 1'"' \ 10, ': . , , . ~ . I.' '!. . , ' .. .' ~ . . I I \ . I '. .:. t...' " ~ ; w: . I . " . " : I',; . \ . .. ," , I :,i ' " .. , . . , " " . '. " : ". ; .1 . . '. " . , .. !. . .::;~! ~ t, . " '. . '. . ',. . r- ~! ' :' , . . .. i . . . .~ :':~ -',' j '. l 4 J. ... ,.... I,. '\..Jo~ Iv,.: " . . . '.:': ::';:'."~~;(~/;.:;ii:';,:<~~~~;,:,;~:, .:, : ...., '. 1'" . . ~ i'f'!, :. .1, ,t. \ ; . . t . . ~ . SCHEDULE OF EXHIBITS Exhibit A Subject Property Legal Description Permitted Exceptions Exhibit B ., " .' J J i, ,. f' J' . ;". ,i #' .' ~ .....'. . t 1,0" I' 16 , .' '. . . . ,;. ~ . .... .' -,' " . . , , .. . : · ::':j:./'!;;,t~';~: i ',.~~~" .. ,. ,'. I " . . 'I .' ,Y,' ~ ,j ': . . " '. r,)o ..f " " 1 ~ , . . .; J' '. ..,. , r' ~ ; ,: . ,) , . . .',: JI ,'~ .... I . I '\,'{ ".' ....... I.' . . ~ :,!.;~;:'> ,'- . . ': fl" . .; : ,I '; ::-, ' . ",; . I " , " , " ": I '." ,v'I, . "J .... ~. t .... . . 2915B/052887 , " EXHIBIT II A" f. . . LEGAL DESCRIPTION The Northwest quarter (NW 1/4) of the Southwest quarter (SW L'.n of the Northwest quarter (NW 1/4); and the Northeast quarter '.;:S 1/4) of the Southwest quarter (SW 1/4) of the Northwest quar:.2= (NW 1/4); and the Northwest quarter (NW 1/4) of the Southeas~ quarter (SE 1/4) of the Northwest quarter (NW 1/4) of Sectio~ Eignteen (18), Township Forty-Pi'rc (~5-)--.s:::uth. p.:m~c:l Fnt:ty-:-T.::.: se (43) east, Palm Beach County, Florida. -' . . , ",/: ,; , :: I, ;:; i ,; ii . ' . . . ;'. I'. . . , [I' . " . <-.- .~J, l" ,,:'.. '. . ,. :.".:.,':.,; ('::. ';;'~; :'; " :~... , ... .... ., . " .' . ';: ;,', -; . " '" \ . ! :: ~ .' : '" , ~ r. ' , " . 'L: I' .:' i.', ,!. ;.",. ,I: ' ~,"; . t "', ,. ',r;" ,.. . I. :.; '. \" \ 1,1 "t.: :: I.;" . ;':.' . .' , ,. ','.! I '.. - , ..\ : t' :. 2915B/52887p.2 EXHIBIT IIBII I' SCHEDULE OF PERMITTED EXCEPTIONS 1. Rights of Lake Worth Drainage District as specified in Deed Beok 466, Page 175, Public Records of Falm Beach County, Florida. Rights of Lake Worth Drainage District as specified in Deed Boo:~ 474, Page 477, Public Records of Palm Beach County, Florida. Rights of Lake Worth Drainage District as specified in Deed Bool{. 498, Page 118, Public Records of Palm Beach County, Florida. Right of way of Lawrence Road. 2. 3. 4. 5. Taxes for the year 1987 and subsequent years. ,. .. I . , , . . , .,' . ~ . . . . , . . I. .",' . . , I. . ' ~ , ,.' ;' 'to , . . ,.~:. .~. . ' "!<'~>:::~>::~~;'::.' . . . , . . /;.J. , .. ... t ,... I . , . (0' , ESCROW AGREEMENT THIS ESCROW AGREEMENT' ("Escrow Agreement") is' made and entered into between INTRACOASTAL DEVELOPMENT, INC., a Florida corporation, 70 South~Congress Avenue, Suite 201, Delray Beac~. Florida, and BOYNTON NURSERIES, a Florida general partnershl~l 1425 Wilkens Avenue, West Palm Beach, Florida (hereinaft.~;': referred to as "Principal (s)") Drennen L. Whitmire, Jr. c/o GUNST~~=\~ 'YOAKLEY, CRISER & STEWART, whose address is 777 South Flac.L-.=r Drive, West Palm Beach, Florida 33401 (hereinafter referred t~ ~d "Escrow Agent". y,THE.RE"r'" . ...._~...,,...~,...-, I",,) des~ -- &..\....t Esc"o" 1I~......&.. h"'l~ cer"~: ~ .t ........." .I;...........w....~W..L \Q . '.....t..... '-,.aU .L. n 1.:t.":J(:;'i&'- '...oJ '-4._.....;.:, . .~ property as described on "Exhibit A" hereto ("Escrowed Propert~,') pursuant to certain documents described on "Exhibit B" hereto, if any ("Documents") 1 and WHEREAS, Escrow Agent has agreed to act as Escrow Agent for the Escrowed Property on the terms and conditions now about to be set forth. NOW, THEREFORE, in consideration of the covenants and agreements herein set forth and other good and lawful consideration, the receipt and sufficiency of which is hereby acknOWledged, the parties hereto, intending to be legally bound, agree as follows: I. Bscrow A. Escrow Agent agrees to hold all of the Escrowed Property in escrow subject to the terms and conditions contained in this Escrow Agreement and the Documents, if any. The provisions of this Escrow Agreement' shall control in-the event of any conflict between the provisions hereof and the provisions of the Documents, if any. B. Unless otherwise provided for in this Escrow Agreement or any addendum hereto, Escrow Agent shall disburse the Escrowed Property without interest or other accumulation in value. c. Escrow Agent shall not be deemed to have knowledge of any matter or thing unless and until Escrow Agent have actually received written notice of such matter or thing and Escrow Agent shall not be charged with any constructive notice whatsoever. D. 1n the event the Escrowed Property consists in whole or in part of stocks, bonds or certificates of deposit (or any other property which may fluctuate in value) Escrow Agent shall hold in escrow, pursuant to this Escrow Agreement, any proceeds of the Escrowed Property actually' delivered to Escrow Agent and realized as a result of splits, calls, redemptions or otherwise, but shall not be obligated to ascertain the existence of (or initiate recovery of) such proceeds or to become or remain informed with respect to the possibility or probability of such proceeds being realized at any time in the future, or to inform any Principal (s) or any third party with respect to the nature and extent of any proceeds realized, except upon the written request of such party, or to monitor current market values o~ the Escrowed Property. Further, Escrow Agent shall not be obligated to proceed with any action or inaction based on information with respect to market values of the Escrowed Property which Escrow Agent may in any manner learn, nor shall Escrow Agent be obligated to inform Principal(s) or any third party with respect to market values of anyone or more of the Escrowed Property at any time, Escrow Agent having no duties with respect to investment management or information, all Principal(s) understanding and intending that Escrow Agent's responsibilities are purely ministerial in nature. Any reduction in the market value or othe~ value of the Escrowed B-1 . o " . I . . Property while deposited with Escrow Agent shall be at the sole risk of Principal(s). . E. In the event instructions from Principal (s) would " require Escrow Agent to expend any monie. or to incur any cost, Escrow Agent shall be entitled to refrain from taking any action until it receives payment for such costs. F. Pr incipal (s) acknowledge and agree that nothing .'.ll this Escrow Agreement shall prohibit Escrow Agent from (1) .serving in a similar capacity on behalf of others or (2) actir.~ i:l in the c~~~.':"i 4;~p of a ttor ~evs f or one or mo r e P r i nc i oal ( Q \ ,,' llIconnection with any matter. - ~ ...., ^,- g QJ~ Il-l U U :>1 0 ffi ~ A. Escrow Agent agrees to release the Escrowed Propertv ~ III tJ1 in accordance wi th the terms and condi tions set forth in the .s ~ iBDocuments, if any, and this Escrow Agreement. ]~ ~~ B. In the event Escrow Agent shall be uncertain as to ~ lIl~its duties or rights hereunder or shall receive instructionsF ~~'~ac~aims or demands from any Principal(s) or trom third persoD' ~ w~th respect.to the Escrowed Property or any other sums or thino3 .~~~~Which may be held hereunder, which, in its sole opinion, are In :r-l +J conf lict with any provision of this Escrow Agreement and/or the ~~ ~6Documents, if any, Escrow Agent shall be entitled to refrain from ~ ~lI.I~taking any action until it shall be directed otherwise in writing ~ ~ ~ ~ by all Principal (s) and said third persons, if any, or by a final ~ ~~order or judgment of a court of competent jurisdiction. e] ~~ . - ~ J..l'+J'g C. If all or any portion of the Escrowed Property ~ 8 0.. delivered to Escrow Agent is in the form of a check or in any ~+J ~~form other than cash, Escrow Agent shall deposit same as required !@Obut shall not be liable for the nonpayment thereof nor responsible ,8 +J'.dto enforce collection thereof. If such check or other instrument . ~ .~~other than cash representing the Escrowed Property is returned to ro b1:iEscrow Agent unpaid, Escrow Agent shall notify the applicable ..g U) '0' P incipal (s) for further instructions. lI.I ~ ,.;:.f'O g ~ I. Li~111ty of Bscrow Agent ~ M ~] '2.-1 A. It is agreed that the duties of Escrow Agent are ID ~~purelY ministerial in nature and shall be expressly limi ted to ~~~ the safekeeping of the Escrowed Property and for the disposition E~ ~~of same in accordance with the Documents, if any, and this Escrow Agreement. r Each Principal hereby indemnifies Escrow Agent and holds it harmless from and against any and all claims, liabilities, damages, costs, penalties, losses, actions, suits or proceedings at law or in equity, or any other expenses, fees, or charges of any character or nature, which it may incur or with which it may be threatened directly or indirectly arising from or in any way connected with this Escrow Agreement or which may result from Escrow Agent following of instructions from Principal(s), and in connection therewith, indemnifies Escrow Agent against any and all expenses, including attorneys. fees and the cost of defending " any action, suit, or proceeding or resisting any claim, whether or not litigation is instituted. Eacrow Agent ahall be vested with a lien on all Eacrowed Property held hereunder which is '! deliverable to Principal (a) unde~ the terms of thia Eacrow Agreement, for indemnification, attorneya. fees, court costs " arising from any suit, interpleader or. otherwise, or other , .'. ' expenaes, fees or charges of any character or nature, which may " ':.:: be incurred by Eacrow Agent by reaaon of disputes arising between Principal (a) and/or any third party as to the correct interpretation of this Escrow Agreement and/or the Documents, if any, and instructions given to Eacrow Agent hereunder, or otherwise, with the right of Escrow Agent, regardless of the inatruments aforesaid and without the necessity of instituting any action, s~it or II. Release of Escrowed Property .' B-2 .. siU' tJl ~ ~.~ B ~ proceeding, to hold the Escrowed Property until and unless' said ~ g.~ ~dditional expenses, fees and. charges shall be fully paid. \:: t'" -g'n B. It is further agreed that Escrow Agent shall have 8 ~ ~ ~f ri~ht to utilize the services of Gunster, Yeakley, Criser & .8.ct:;.q ~, P.A. , as its attorneys and ~ 8 ~.g ame ~hall not: affect: or in any way prejudice or limit Escro',.' .~~ ~ ent s entitlement to reasonable attorneys' fees for the services o~ such attorneys as set forth in/this Escrow Agreement. ~tl.w : ~ ~ : .~ IV. Disputes ~ A. In the eventlEscrow Agent is joined as a party to a lawsuit by virtue of the fact that it is holding the Escrowed Property, Escrc~., Agent: shall, at its option, either (1) tender the Escrowed Property to the registry of the appropriate court or (2) disburse the Escrowed Property in accordance with the court's ultimate disposition of the case, and Principal(s) hereby, jointly and severally, indemnify and hold Escrow Agent harmless from and against any damages or losses in connection ther ewi th including, but not limi ted to, reasonable attorneys' fees and court costs at all trial and appellate l~vels. (\ f\ B~' In the event Escrow Agent tenders the Escrowed Property to the registry of the appropriate court and files an action of interpleader naming the Principal(s) and any affected third parties of whom Escrow Agent has received actual notice, Escrow Agent: shall be released and relieved from any and all further obligation and liability hereunder or in connection herewith and Principal(s) hereby, jointly and severally, indemnify and hold Escrow Agent harmless from and against any damages or losses arising in connection therewith including, but not limited to, all costs and expenses incurred by Escrow Agent in connection with the filing of such action including, but not limited to, reasonable attorneys' fees and court costs at all trial and ~. appellate levels. 1') v. Tera of Agreeaent A. This Escrow Agreement shall remain in effect unless and until it: is cancelled in any of the following manners: . 1. Upon written notice given by all Principal (s) of cancellation of designation of Escrow Agent to act and serve in said capacity, in which event, cancellation shall take effect no earlier than twenty (20) days after notice to Escrow Agent of such cancellation; or 2. Escrow Agent may resign as Escrow Agent at any time upon' giving notice to Principal(s) of its desire to so resign; provided, however, that resignation of Escrow Agent shall take effect: no earlier than ten (10) days after the giving of notice of resignation; or 3. Upon compliance with all escrow provisions as set: forth in this Escrow Agreement and in the Documents, if i' any. B. . In the event Principal (s) fail to agree to a : .' successor Escrow Agent wi thin the per iod descr ibed hereinabove, :, Escrow Agent shall have the right to deposit all of the Escrowed .~.:. Property held hereunder into the registry of an appropriate court .... :.:j.:: and request: '. judicial determination of the rights between .,.;;'/ Principal(s), by interpleader or other appropriate action, and :~~, Principal(a) hereby, jointly and severally, indemnify and hold . Escrow Agent: harmless from and against any'damages or losses in connection therewith including, but not limited to, reasonable . a t tor neys I fees and court costs at all tr ial and appella te levels. ~ . '. B-3 I I'. , . t I.. (\ /~ . . .. . C. Upon termination of the duties of Escrow "Agent in either manner set forth in subparagraphs 1 or 2' of Paragraph A of this Article V, Escrow Agent shall deliver all of the Escrowed Property to the newly appointed Escrow Agent designated by the Principal(s), and, except for rights of Escrow Agent specified in Paragraph A of Article III of this Escrow~Agreement, Escrow Agent shall not otherwise have the right to wi thhold Escrowed Proper t', from said newly appointed Escrow Agent. - I D. Escrow Agent shall not be bound by any modi fica tion, cancellation or rescission of this Escrow Agreement unless in. writing and signed by all Principal(s) and Escrow Agent. In no s.....ent Shiill any modification of t:his' Escrow Agreement, whic., shall affect the rights or duties of Escrow Agent, be bindin9 on Escrow Agent unless it shall have given its prior written consent. VI. Notices I ! All notices, certificates, requests, pemands, mater ials and other communications hereunder shall be in writing and deemed to have been duly given (1) upon delivery by hand to the appropriate . address of each Principal or Escrow Agent as set forth in this Escrow Agreement or in the Documents, if any, or (2) on the third business day after mailing by United states registered or certified mail, return" receipt requested, postage prepaid to such address. All notices to Escrow Agent shall be addressed to the attorney signing on behalf of Escrow Agent at the fOllowing address: Gunster, Yoakley, Criser & Stewar~ 777 South Flagler Drive West Palm Beach, Florida 33401 . i VII. Choice of Law and Venue This Escrow Agreement shall be governed by and construed in accordance wi th the laws of the state of FI or i da. In the event any action, suit or proceeding is instituted as a result of any matter or thing affecting this Escrow Agreement, the parties hereto hereby designate Palm Beach County, Florida, as the proper jurisdictipn and the venue in which same is to be instituted. VIII. Cumulative Rights No right, power or remedy conferred upon Escrow Agent by this Escrow Agreement is exclusive of any vther right, power or remedy, but each and every such right, power or remedy shall .be cumulative and concurrent: and shall be in addition to any other right, power or remedy Escrow Agent may have under the Escrow Agreement or now or hereafter existing at law, in equity or by statute, and the exercise of one right, power or remedy by Escrow Agent shall not be construed or considered as a waiver of ~ny other right, power or remedy. IX. Binding Agreement .' , This Escrow Agreement sball' be binding upon the Principal(s) and Escrow Agent and their respective successors and :;. assigns. '. . .' : I .' ~ . . I.: . . . . ',1. .;. x. . Bscrow Agent Fees Escrow Agent' shall receive for its services in .,'1;: accepting this escrow the sum of (not applicable) Dollars ,. ($ nfa ) per hour of time involved with respect to this ":-! escrow, plus reimbursement of all costs, which fees and costs the .,: Principal(s) hereby jointly and severally agree to pay and it is ., hereby understood and agreed that all such fees and costs. shall . constitute a first lien of the Escrowed property hereunder.. . I I , I , i. B-4 , \,', .j , . , . , I . .. . . 0 ~ ,;_ ., '.1. . I . . . ; . t ~ IN WITNESS WHEREOF, the parties he~et~ have presents to be executed this + day of '-.J t..., '-" Signed, Sealed and Delivered in the Presence of: (' . " (CORPORATE SEAL) :. ~~, \ ~'\\-..~U\ \'t-, <:k.... I1u Ou JJtM,yow :. j, . .. :: '/ , .' ! I ...... . ~ 1 . I'; . It I' ".' . , I', ~ ;.: ;.' , ~ .' ' . , i . I . . " .: !" ,n cau;3ed these , 1987. GUNSTER, YOAKLEY, auSER , STEWART '" B_ 06 , PRINCIPAL(S): INC. Attest: social security or corporate ~ identif ication number , Y /1 Vof1 ;F-( . '::> _ {};TJ)rP(/,f z:. /0 r.yJ//;f c /u,j -.36-0/7/ - / h,- ! . . I. , ;: I I ' ,'I' I'; . B~5 : ", I rr- CITRUS GLEN - PHASE II LEGAL DESCRIPTION ALL THAT CERTAIN PARCEL OF LAND LYING IN SECTION 18, TWP. 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, STATE OF FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLLOWS: THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF THE NORTHWEST QUARTER (NW1/4); AND THE NORTH- EAST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF THE NORTHWEST QUARTER (NW1/4); AND THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHEAST QUARTER (SW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION EIGHTEEN (18), TOWNSHIP FORTY- FIVE (45) SOUTH, RANGE FORTY-THREE (43) EAST, PALM BEACH COUNTY, FLORIDA. SUBJECT TO RESTRICTIONS, RESERVATIONS, LIMITATIONS, CONDITIONS, EASEMENTS AND AGREEMENTS OF RECORD. CONTAINING 28.82 ACRES, MORE OR LESS. TOGETHER WITH THAT PORTION OF LAWRENCE ROAD RIGHT OF WAY ABUTTING THE WEST PROPERTY LINE OF THE SUBJECT PROPERTY. ALL OF THE ABOVE BEING LOCATED IN PALM BEACH COUNTY, FLORIDA. . . . . . , r- " A-5 APPLICANT'S CERTIFICATlON (l) (We) attlnn and certify that (1) (He) understand and will comply h'L.~ the provisions and regulations of Boynton Beach, Florida Zoning Code. (1) (We) further certify that the above statements or diagrams made on Gny paper or plans submitted herewith are true to the best of (my) (our) knowlecge and belief. Further (1) (~'e) understand that this application. attachments.. and fees become part of the Offi ci a 1 Records of Boynton Beach, Flori da and are not returnable. ~ APPLl CANT IS: .. Owner ... Signatu or Applicant. BY: A an Miller - ~ ~ Optionee INTRACOASTAL DEVEWPMENT INC.:"~: . - ", Type Name of Applicant Lessee 70 South Congress Ave. ,Ste. 201 Street Address. Agent Delray Beach, Florida 33445 Ci,ty and State x Contract Purchaser (305) 732-222.0 . (305) 278-1116 .Telephone Number ,- - .~-_. _oao_ . 1 I I I I I o. I I. I 1\-5 t I ., . t. . .. . .. -. . . ._~_--:.-_.._. . ...... .f. .". ,; . f , . \ ~ l\ ~ A-5 O\VN~RS AUTHORIZATION - . It . f U~d~~ the provisions f~~ Volunt~ry A~ne~~t~0~. F10rid~ 5t~tute5 require th~~ a petition for annexation must bear the signatures of all owners of propert~ in an area to be annexed. The authority authorizing a person other than the ,owner to sign such a petition must be attached to and accompany such petition. . . .. BOYNTON NURSERIES :t> S' nature of Ow~er(s) of Y:James D. Sturrock, BOYNTON NURSERIES Type Name of Owner(s) ... i425 Wilkins 'Avenue Street Address West Palm Beach, FL, 33401 City and State (305) 655-'5'900' Telephone Number .. .. j; I: ., II Ii I: r I I Ii INTRACOASTAL DEVELOPMENT :NC. .' ~,. /) ~ . ..7/ . :;CIA ..J/?/ -"~~ SignatureLof Applicant BY: Alan Miller INTRACOASTAL DEVELOPMENT INC Type Name of Applicant 70 S. Congress Ave., Ste 201 Street Mdress Delray Beach, FL J3445 Ci ty and State 737-2220 278-1116 Telephone Number ,I i i ; .) , , ( A-6 . '.::' /1 . I r- n A-5 APPLICANT'S CERTfFIGATION (1) (We) affinn and certify that (1) (We) understand and will comply with the prev; s1 ons and regul ations of Boynton Beach. Flori da Zon lng Code. (1) (We) further certify that the above statements or diagrams made on any paper or plans submitted herewith are true to the best of (my) (our) knowledge and belief. Further (1) (We) understand that this application. attachments. and fees become part of the Official Records of Boynton Beach. Florida and are not returnable. .., APPLICANT IS: ... Owner ~ Signatu or Applicant. BY: A an Miller Opti onee :.... INTRACOASTAL DEVELOPMENT INC.:.:.: . . .. Type Name of Applicant Lessee 70 South Congress Ave. ,Ste. 201 Street Address. Agent Delray Beach, Florida 33445 Ci.ty and State x Contract Purchaser (305) 732-2~2.o (305) 278-1116 .Telephone Number .. - .- I. A-5 . ( . ;to -- -~--. . .~ ~ I. f' I" :' I. . . .' , . . .' ~ ...... -----....... BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFORMATION FORM' NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Dept. PROJECT NAME: (1) AGENT'S NAME: ADDRE~P (2 PHONE: OWNER I S NAME: (or trustee's) ADDRESS: PHONE CITRUS GLEN, PHASE II Michael D. Gordon c/o Boose, Casey, Ciklin, et al 515 N. Fla ler Dr. Ste 1900 e.st. a mR eac J..I l' E' I ~nrlCO OSSl ~ 0 ROSSl Ma avaSl nglneers, nc. Forum III - Fourth Floor 1675 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 832-5900 (Boose,Casey, Ciklin, et al) 689-0554 (Rossi & Malavasi Engineers Inc.) BOYNTON NURSERIES . 1425 Wilkins Avenue West Palm Beach, Florida (~n!')) 655-5900 PROJECT LOCATION: Lawrence Road,South of Whispering Pines Mobile Hom4 (not legal description) and contiguous to "CITRUS GLEN, PHASE I"Park CORRESPONDENCE ADDRESS:* (if different than agent or owner) * This is the address to which all agendas, letters and other materials will be forwarded. . , . ... .' . .. I, . . I; I; I. , ,. '0 ii CITY OF BOYNTON BEACH. FLOHIDA APPLICA 'II ON FOR ANNEX^ TION ~ : ~ ; j; .' I I, l! DATE APPLICATION FILED: j' ;j :j DATE OF TENT A TIVE APPROVAL: Ii . j' Ii D1\TE OF COl\lPLETION Oli' ANNEXATION REPORT: I; . Ii i: DATE OF ~RDINA NCE PROPOSA L: I' ,I :; DATE OF ORDINANCE ADOPTION: " i! I, . Ii DATE OF REFERENDUM IF REQUIRED: !I I RESULTS OF REFERENDUM: FOR I I i DATE ANNEXATION BECOMES EFFECTIVE: '\ i ! I ! DO NOT WRITE ABOVE THIS LINE 'I .' I I I I I ( . REJECTION: ORDINA NCE # REJECTION: AGAINST FOR DEPARTMENTAL USE ONLY GENERAL DATA Name of Developer/Owner: INTRACOASTAL DEVELOPMENT INC. Sq. Ft. or 28.82 Acres I Area of Subject Property: , 'I Estimated Present Population: (Existing Orange Grove) I 5 ACRES : Existing Zoning: ~AR(Pa1m Beach County) Density ALLowed: 1 d. u. per ~ex 1 l i Proposed Zoning: PUD I I ! 11\' EXISTING UTILITIES ! 'Water: City of Boynton Beach' II Density Allowed: 4.82 . d. u. 's/acre 'Wastewater Collection: City of Boynton Beach Solid \Vaste (garbage): City of Boynton Beach I II ,I ,! I ~ II ,I 11 :' j: " I. II Ii I. I " I' i: ii I: _____.___._____.~ _lL________ A-2 . I ',' , . , .' " ! , I' " :1 ,I STA TE::\IENT OF USE . " F Existing Use: I: r I; I E Proposed Use: ! Agricultural Residential PUD. with density in aCcOrdarice with City ,1 II :1 !i Ii ii ., Ii i: i ~ , ~ II II i! 'I' JUSTIFICA TION I .. r Express in your own words why this annexation will be beneficial to Boynton Beach. FLorida: . Canprehensive Plan as set forth in Future Land' Use Map; . " 1 . , i (1) The subiect property lies within the reserved annexation 'area of the I Ii I II I I ! I i Ii II I, I I I I I i City of Boynton Beach, (2) Municipal water and sewer -present'ly' abut. the subject property, (3) property will be 'developed in 'accordance' with the land use. densities established by the City of Boynton Beach, and (4) Property is contiguous to the recently annexed "CITRUS GLEN, PHASE P" developroont., and will be a s~cond phase of sald developnent. ,\ II EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED DESCRIPTION: All that certain parcel of larid lying in Section 18, TWP. 45 South, Range 43 East Palm Beach County, State of Florida, rrore particularly described as follows: . I" . . The Northwest quarter (NW 1/4) of the Southwest quarter (SW,l/4) of the Northwest quarter (NW 1/4); and the Northeast quarter (NE 1/4) of the ~outhwest quarter (SW 1/4) of the Northwest quarter (NW 1/4); and the Northwest quarter (N\\! .1/4) of the Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4) OT ;::;ectlon Eighteen (18), Township Forty-five (45) South, Range Forty-three (43) East, ' Palm Beach County, Florida. SUBJECT 'lD RESTRICTIONS. RESERVATIONS. LIMITATIONS. CDNDITIONS,' EAsEMENTS 'AND ' AGREEMENTS OF RECDRD. ront::linine: ?R R2 A("'rA~, rrYlrp or lp~~ ! Ii I: I; 11 Ii ,: n I' I' j. I I i ., , :! I_ l' " ~ : i: ~ : A-3 :! :t ; ~ j. CITRUS GLEN DRAINAGE COMPUTATIONS SEPTEMBER, 1987 PREPARED'BY: ROSSI AND MALAVASI ENGINEERS, INC. 1675 palm Beach Lakes Blvd. WEST PALM BEACH, FLORIDA 33401-217g URBAN RETENTION/DETENTION VOLUME IV APPENDIX 3 MINIMUM REQUIREMENTS FOR WET DETENTION IMPERVIOUS AREA DETENTION REQUIRED PROJECT AREA DETENTION REQUIRED 39 % 0.975 INCHES/UNIT AREA 82.600 ACRES 6.711 ACRE FEET CALCULATIONS FOR BLEED-DOWN DEVICE V - NOTCH TYPE RETENTION VOLUME CONTROL ELEVATION WEIR CREST ELEVATION TOTAL HEAD V - NOTCH ANGLE 6.70 ACRE FEET 12.70 FEET NGVD 13.40 FEET NGVD 0.70 FEET 152.06 DEGREES POTENTIAL SOIL ABSTRACTION .1 AVERAGE POST DEVELOPMENT PERVIOUS GROUND ELEVATION WET SEASON GROUNDWATER ELEVATION DEPTH TO WATER TABLE TOTAL PROJECT AREA PERVIOUS AREA COMPACTION FACTOR = 25 % 16.10 12.70 3.40 82.60 42.23 FEET NGVD FEET NGVD FEET ACRES ACRES S = (.75) (DEPTH TO GROUND WATER) (PERVIOUS AREA) I (TOTAL PROJECT AREA: POTENTIAL SOIL ABSTRACTION = 3.190 INCHES PROJECT NAME: CITRUS GLEN **OUTFALL STRUCTURE RATING** V-NOTCH ANGLE V-NOTCH INVERT ELEVATION WEIR LENGTH NUMI3ER OF WE IRS WEIR CREST ELEVATION OUTFALL PIPE LENGTH OUTFALL PIPE DIAMETER MANNING!S )N) NUMBER OF CULVERTS PEAK TAILWATER ELEVATION 110.00 DEGREES 12.70 FEET 0.00 INCHES 1.0 13.50 FEET 200.00 FEET 24.0 INCHES 0.024 1.0 12.70 FEET STATIC LAKE ELEVATION 12.70 FEET STAGE WEIR PIPE RATING (FEET) (CFS) (CFS) (CFS) 12.70 0.00 0.00 0.00 13.20 0.63 5.55 0.63 13.50 2.27 7.02 2.27 13.70 3.00 7.85 3.00 14.20 4.31 9.61 4.31 14.70 5.31 11.10 5.31 15.20 6.15 12.41 6.15 15.70 6.89 13.59 6.89 16.20 7.56 14.68 7.56 16.70 8.17 15.70 8.17 17.20 8.74 16.65 8.74 17.70 9.27 17.55 9.27 18.20 9.78 18.41 9.78 PROJECT NAME: CITRUS GLEN **STAGE - CUMULATIVE STORAGE CALCULATIONS** VERTICAL STORAGE AREAS AREA NUMBER - 1 STORAGE AREA STARTING STORAGE ELEVATION LINEAR STORAGE AREAS AREA NUMBER - 1 STORAGE AREA LINEAR STORAGE FROM ELEV VERTICAL STORAGE FROM ELEV AREA NUMBER - 2 STORAGE AREA LINEAR STORAGE FROM ELEV VERTICAL STORAGE FROM ELEV 8.17 ACRES 12.70 FEET 3.50 ACRES 12.70 FEET TO ELEV 15.20 FEET 15.20 FEET ON UP 59.26 ACRES 15.20 FEET TO ELEV 17.00 FEET 17.00 FEET ON UP STORAGE (A-F) VERT. LIN. LIN. STAGE AREA AREA AREA TOTAL (FEET) 1 1 2 (A-F) 12.70 0.0 0.0 0.0 0.0 13.20 4.1 0.2 0.0 4.3 13.50 6.5 0.4 0.0 7.0 13.70 8.2 0.7 0.0 8.9 14.20 12.3 1.6 0.0 13.8 14.70 16.3 2.8 0.0 19.1 15.20 20.4 4.4 0.0 24.8 15.70 24.5 6.1 4.1 34.8 16.20 28.6 7.9 16.5 52.9 16.70 32.7 9.6 37.0 79.3 17.20 36.8 11.4 65.2 113.3 17.70 40.9 13.1 94.8 148.8 18.20 44.9 14.9 124.4 184.3 PROJECT NAME: CITRUS GLEN *** SCS RUNOFF & FLOOD ROUTING 3 YEAR STORM RAINFALL = 6.5 INCHES 24 HOUR DURATION STORM TIME RAIN RUNOFF RUNOFF HR 1 N IN AF IN~LOW TOT Q DISCH AF AF CFS STOR STAGE AF FT 0.00 0.00 0.00 0.00 0.00 0.0 0.0 I 0.0 12.70 5.00 0.40 0.00 0.00 0.00 0.0 0.0 0.0 12.70 10.00 1. 38 0.14 0.97 0.00 1.0 0.1 0.9 12.81 10.50 1.54 0.20 1. 37 0.00 1.4 0.2 1.3 12.86 11. 00 1. 75 0.29 1. 97 0.00 2.0 0.3 1.9 12.93 11.25 1. 91 0.36 2.50 0.00 2.5 0.4 2.4 12.99 11.50 2.07 0.45 3.07 0.00 3.1 0.4 3.0 13.05 11.75 3.17 1.12 7.72 0.00 7.7 2.5 7.6 13.57 12.00 4.26 1.93 13.28 0.00 13.3 4.1 13.1 14.13 12.25 4.50 2.11 14.55 0.00 14.5 4.4 14.3 14.24 12.50 4.74 2.31 15.88 0.00 15.9 4.6 15.5 14.36 12.75 4.86 2.41 16.57 0.00 16.6 4.7 16.1 14.42 13.00 4.99 2.51 17.26 0.00 17.3 4.9 16.7 14.47 13.50 5.17 2.66 18.29 0.00 18.3 5.0 17.6 14.55 14.00 5.32 2.78 19.15 0.00 19.2 5.1 18.2 14.61 16.00 5.72 3.12 21.49 0.00 21.5 5.4 19.7 14.75 19.00 6.07 3.42 23.56 0.00 23.6 5.5 20.4 14.81 24.00 6.50 3.80 26.13 0.00 26.1 5.5 20.7 14.84 PROJECT NAME: CITRUS GLEN *** SCS RUNOFF & FLOOD ROUTING 25 YEAR STORM RAINFALL = 12.0 INCHES 3 DAY DURATION STORM TIME RAIN RUNOFF RUNOFF HR I N IN AF INFLOW TOT Q DISCH AF AF CFS STOR STAGE AF FT 0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 12.70 12.00 0.88 0.02 0.11 0.00 0.1 0.0 0.1 12.71 24.00 1. 75 0.29 1. 98 0.00 2.0 0.3 1.8 12.92 36.00 3.02 1. 02 7.03 0.00 7.0 1.6 5.9 13.38 48.00 4.31 1. 96 13.51 0.00 13.5 3.3 10.0 13.81 53.00 5.05 2.56 17.64 0.00 17.6 4.0 12.6 14.08 58.00 6.86 4.12 28.34 0.00 28.3 5.6 21. 3 14.89 58.50 7.15 4.37 30.10 0.00 30.1 5.9 22.8 15.03 59.00 7.54 4.72 32.47 0.00 32.5 6.2 25.0 15.21 59.25 7.84 4.99 34.33 0.00 34.3 6.3 26.7 15.29 59.50 8.14 5.26 36.21 0.00 36.2 6.4 28.4 15.38 59.75 10.16 7.14 49.12 0.00 49.1 7.1 ;41.2 15.88 I 60.00 12.18 9.04 62.24 0.00 62.2 7.6 54.2 16.22 60.25 12.62 9.47 65.16 0.00 65.2 7.6 56.9 16.28 60.50 13.06 9.88 68.01 0.00 68.0 7.7 59.6 16.33 60.75 13.28 10.10 69.51 0.00 69.5 7.7 61.0 16.35 61.00 13.51 10.32 71.02 0.00 71.0 7.8 62.3 16.38 61.50 13.85 10.64 73.24 0.00 73.2 7.8 64.2 16.41 62.00 14.12 10.91 75.07 0.00 75.1 7.9 65.7 16.44 67.00 15.52 12.25 84.33 0.00 84.3 8.0 71.7 16.56 72.00 16.31 13.02 89.62 0.00 89.6 8.0 73.7 16.59 PROJECT NAME: CITRUS GLEN *** SCS RUNOFF ~ FLOOD ROUTING 100 YEAR STORM RAINFALL = 16.0 INCHES 3 DAY DURATION STORM TIME RAIN RUNOFF RUNOFF HR 1 N IN AF INFLOW TOT Q DISCH AF AF CFS STOR STAGE AF FT 0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 12.70 12.00 1. 17 0.08 0.52 0.00 0.5 0.0 0.5 12.76 24.00 2.34 0.59 4.06 0.00 4.1 0.0 4.1 13.18 36.00 4.03 1. 75 12.04 0.00 12.0 0.0 12.0 14.02, 48.00 5.74 3.14 21.63 0.00 21.6 0.0 21.6 14.92 53.00 6.74 4.00 27.56 0.00 27.6 0.0 27.6 15.34 58.00 9.15 6.19 42.63 0.00 42.6 0.0 42.6 15.92 58.50 9.54 6.55 45.08 0.00 45.1 0.0 45.1 15.98 59.00 10.05 7.03 48.37 0.00 48.4 0.0 48.4 16.07 59.25 10.45 7.40 50.96 0.00 51.0 0.0 51.0 16.15 59.50 10.85 7.78 53.55 0.00 53.5 0.0 53.5 16.21 59.75 13.55 10.36 . 71.28 0.00 71.3 0.0 71.3 16.55 60.00 16.24 12.95 89.16 0.00 89.2 0.0 89.2 16.84 60.25 16.83 13.53 93.12 0.00 93.1 0.0 93.1 16.90 60.50 17.41 14.09 96.99 0.00 97.0 0.0 97.0 16.96 60.75 17.71 14.39 99.02 0.00 99.0 0.0 99.0 16.99 61.00 18.02 14.68 101. 07 0.00 101.1 0.0 101.1 17.02 61. 50 18.46 15.12 104.08 0.00 104.1 0.0 104.1 17.06 62.00 18.83 15.48 106.55 0.00 106.6 0.0 106.6 17.10 67.00 20.69 17.30 119.07 0.00 119.1 0.0 119.1 17.28 72.00 21.74 18.33 126.20 0.00 126.2 0.0 126.2 17.38 ~---_.._~-----_._-----'--_.- - ~ ---..-----..---.-"- --..----.-------" PROJECT NAME: CITRUS GLEN (53 AC.) PRELIMINARY DRAINAGE STUDY ALTERNATE DESIGN WITH L.W.D.D. CONTROL RELOCATED Prepared by: ROSSI AND MALAVASI ENGINEERS, INC. Date: March 23, 1987 ~-- ~. e~ J tJ~ FL ",,(e~ w IE. , If.. x PROJECT NAME:CITRUS GLEN AREA = 53 ACRES <:::~.IIlr~e>L. GROUND STORAGE = 3.599 INCHES 100 YEAR RAINFALL = 21,7 INCHES 100 YEAR FLOOD STAGE = 18.15 FEET STAGE STORAGE DISCHARGE 13.50 0.00 0.00 14.00 2.44 0.44 14.25 3.74 1.35 14.50 5.10 1. 91 15.00 7.97 2.70 15.50 11. 05 3.31 lb.Oo lb .13 3.82 lb.50 24.97 4.27 17.00 37.48 4:b8 17.50 53.54 5."05 18.00 73.1b 5.40 18.50 95.88 5.73 ".D Ig.Z!'. 9/J D 13.$' PROJECT NAME: CITRUS GLEN **OUTFALL STRUCTURE RATING** V-NOTCH ANGLE V-NOTCH INVERT ELEVATION WEIR LENGTH NUMBER OF WEIRS WEIR CREST ELEVATION OUTFALL PIPE LENGTH OUTFALL PIPE DIAMETER MANNING)S JNJ NUMBER OF CULVERTS PEAK TAILWATER ELEVATION 90.00 DEGREES 13.50 FEET 0.00 INCHES 1.0 14.25 FEET 200.00 FEET 24.0 INCHES 0.024 1.0 13.50 FEET STATIC LAKE ELEVATION 13.50 FEET STAGE WEIR PIPE RATING (FEET) (CFS) (CFS) (CFS) 13.50 0.00 0.00 0.00 14.00 0.44 5.55 0.44 14.25 1.35 6.80 1.35 14.50 1. 91 7.85 1. 91 15.00 2.70 9.61 2.70 15.50 3.31 11.10 3.31 16.00 3.82 12.41 3.82 16.50 4.27 13.59 4.27 17.00 4.68 14.68 4.68 17.50 5.05 15.70 5.05 18.00 5.40 16.65 5.40 18.50 5.73 17.55 5.73 PROJECT NAME: CITRUS GLEN VERTICAL STORAGE AREAS **STAGE - CUMULATIVE STORAGE CALCULATIONS** AREA NUMBER - 1 STORAGE AREA 'STARTING STORAGE ELEVATION LINEAR STORAGE AREAS AREA NUMBER - 1 STORAGE AREA LINEAR STORAGE FROM ELEV VERTICAL STORAGE FROM ELEV AREA NUMBER - 2 STORAGE AREA LINEAR STORAGE FROM ELEV VERTICAL STORAGE FROM ELEV 4.67 ACRES 13.50 FEET 2.57 ACRES 13.50 FEET TO ELEV 16.50 FEET' 16.50 FEET ON UP 39.10 ACRES 15.50 FEET TO ELEV 18.25 FEET 18.25 FEET ON UP STORAGE (A-F) VERT. LIN. LIN. STAGE AREA AREA AREA TOTAL (FEET) 1 1 2 (A-F) 13.50 0.0 0.0 0.0 0.0 14.00 2.3 0.1 0.0 2.4 14.25 3.5 0.2 0.0 3.7 14.50 4.7 0.4 0.0 5.1 15.00 7.0 1.0 0.0 8.0 15.50 9.3 1.7 0.0 11.1 16.00 11.7 2.7 1.8 16.1 16.50 14.0 3.9 7.1 25.0 17.00 16.3 5.1 16.0 37.5 17.50 18.7 6.4 28.4 53.5 18.00 21.0 7.7 44.4 73.2 18.50 23.4 9.0 63.5 95.9 , 'l PROJECT NAME: CITRUS GLEN *** SCS RUNOFF & FLOOD ROUTING 3 YEAR STORM RAINFALL = 6.5 INCHES 24 HOUR DURATION STORM TIME RAIN RUNOFF RUNOFF HR IN IN AF INFLOW TOT Q DISCH AF AF CFS STOR STAGE AF FT 0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 13.50 5.00 0.40 0.00 0.00 0.00 0.0 0.0 0.0 13.50 10.00 1.38 0.10 0.46 0.00 0.5 0.1 0.4 13.59 10.50 1.54 0.15 0.67 0.00 0.7 0.1 0.7 13.63 11.00 1. 75 0.23 1. 01 0.00 1.0 0.2 1.0 13.70 11.25 1. 91 0.30 1. 31 0.00 1.3 0.2 1.3 13.76 11.50 2.07 0.37 1.63 0.00 1.6 0.3 1.61 13.83 11.75 3.17 0.99 4.39 0.00 4.4 1.6 4.3 14.36 12.00 4.26 1. 76 7.77 0.00 7.8 2.6 7.7 14.95 12.25 4.50 1.93 8.55 0.00 8.5 2.8 8.4 15.07 12.50 4.74 2.12 9.361 0.00 9.4 2.9 9.1 15.19 I 12.75 4.86 2.22 9.79 0.00 9.8 3.0 9.5 15.25 13.00 4.99 2.31 10.22 0.00 10.2 3.1 9.9 15.31 13.50 5.17 2.461 10.861 0.00 10.9 3.2 10.4 15.39 14.00 5.32 2.58 11.39 0.00 11.4 3.3 10.8 15.461 16.00 5.72 2.91 12.84 0.00 12.8 3.4 11.7 15.56 19.00 61.07 3.20 14.13 0.00 14.1 3.4 12.1 15.61 24.00 6.50 3.56 15.73 0.00 15.7 3.4 12.3 15.63 . . PROJECT NAME: CITRUS GLEN *** SCS RUNOFF & FLOOD ROUTING 25 YEAR STORM RAINFALL = 12;0 INCHES 3 DAY DURATION STORM TIME RAIN RUNOFF RUNOFF HR IN IN AF INFLOW TOT Q DISCH AF AF CFS STOR STAGE AF FT 0.00 0.00 0.00 0.00 0.00 0.0 0.0 0.0 13.50 12.00 0.88 0.01 0.03 0.00 0.0 0.0 0.0 13.51 24.00 1.75 0.23 1. 02 0.00 1.0 0.2 0.9 13.69 36.00 3.02 0.90 3.97 0.00 4.0 1.0 3.3 14.16 48.00 4.31 1. 79 7.91 0.00 7.9 2.1 5.7 14.60 53.00 5.05 2.37 10.45 0.00 10.5 2.5 7.3 14.88 58.00 6.86 3.87 17.11 0.00 17.1 3.5 12.7 15.66 58.50 7.15 4.12 18.22 0.00 18.2 3.6 13.7 15.76 59.00 7.54 4.46 19.70 0.00 19.7 3.7 15.0 15.89 59.25 7.84 4.73 20.87 0.00 20.9 3.8 16.1 16.00 59.50 8.14 4.99 22.05 0.00 22.1 3.9 17.2 16.06 59.75 10.16 6.84 30.20 0.00 30.2 4.3 25.3 16.51 60.00 12.18 8.72 38.52 0.00 38.5 4.5 33.5 16.84 . 60.25 12.62 9.14 40.37 0.00 40.4 4.6 35.2 16.91 . 60.50 13.06 9.55 42.18 0.00 42.2 4.7 37.0 16.98 60.75 13.28 9.77 43.14 0.00 43.1 4.7 37.8 17.01 61.00 13.51 9.98 44.09 0.00 44.1 4.7 38.7 17.04 61.50 13.85 10.30 45.51 0.00 45.5 4.7 39.9 17.08 62.00 14.12 10.57 46.67 0.00 46.7 4.8 40.9 17.11 67.00 15.52 11.90 52.56 0.00 52.6 4.8 44.8 17.23 72.00 16.31 12.66 55.93 0.00 55.9 4.9 46.1 17.27 . . POTENTIAL SOIL ABSTRACTION AVERAGE POST DEVELOPMENT PERVIOUS GROUND ELEVATION WET SEASON GROUNDWATER ELEVATION DEPTH TO WATER TABLE TOTAL PROJECT AREA PERVIOUS AREA COMPACTION FACTOR - 25 % 16.88 13.50 3.38 53.00 30.97 FEET NGVD FEET NGVD FEET ACRES ACRES S = (.75) (DEPTH TO GROUND WATER) (PERVIOUS AREA) I (TOTAL PROJECT AREA) POTENTIAL SOIL ABSTRACTION = 3.599 INCHES . . URBAN RE~ENTION/DETENTION VOLUME IV APPENDIX 3 MINIMUM REQUIREMENTS FOR WET DETENTION IMPERVIOUS AREA DETENTION REQUIRED PROJECT AREA DETENTION REQUIRED 32 . 75 r. 0.819 INCHES/UNIT AREA 53.000 ACRES 3.b1b ACRE FEET CALCULATIONS FOR BLEED-DOWN DEVICE V - NOTCH TYPE RETENTION VOLUME CONTROL ELEVATION WEIR CREST ELEVATION TOTAL HEAD V - NOTCH ANGLE 3.62 ACRE FEET 13.50 FEET NGVD 14.25 FEET NGVD 0.75 FEET 122.59 DEGREES SOILS - ~CON~ETE ASPHAL T MA TERIALS INSPECTION BY JM DATE CK. BY_DATE TESTING LAB OF THE PALM BEACHES INC. 9/29/87 SUBJECT Auger Survey for two parcels of land East of Lawrence Road o ~ tC \U \J 'Z W ex: 3 <t -i $ AI NORTijERN PARCEL c.'/TQUS GLEN SA3 ~AZ PHAS'E IT ~ 0C'+-t00 l SlIt J 421 SO "Hit ST LAKE WORTH, FLA 33460 SHEET NO. OF____ JOB NO. 87/84-4TL L -r- 1 I OUT SA' SA3 I ~\\Rc..sL I SOUTHt:f\N I _I PARe. E L ~AZ LAW~C.E SA4 I t-A.lLJ= J o 200' I I '3CALl; ~ ~. I L 5 TESTING -'- AB OF THE PALM BEAC"'.1...4ES. INC. P.O. BOX 211 421 SOUTH H STREET LAKE WORTH, FLORIDA 33460 585-7515 PAGE - 2 ASPHALT. . . CONCRETE. . . MATERIALS Auger Borings for Rossi & Malavasi, Engineers Job No: 87/84-4TL Project location: North Parcel - Lawrence Road, * mile South of. Hypoluxo Road,_ ... .:_ ~;-r- C { 1 I <...u S Cd..E.J-1 - 1./1 J /J.5 L jJ- Sampled by: PVW & LL Date: 9/23/87 LOCATION #A-l DEPTH 0'-,' ,'-2,' 2,'-6' 6'-8!' 8!'-10' DESCRIPTION Brown medium fine sand Very light brown medium fine sand Brown medium fine sand Light brown medium fine sand Light brown medium fine sand with shell fragments Water table = 4'6" #A-2 0'-1' Dark brown medium fine sand with trace of roots Very light brown medium fine sand Brown medium fine sand Very light brown medium fine sand Light brown medium fine sand 1'- -3! ' 3!'-6' 6'-8!' 8!'-10' Water table = 5' #A-3 0'-,' Dark brown medium fine sand with trace of roots Brown medium fine sand Very light brown medium fine sand Brown medium fine sand Very light brown medium fine sand Light brown medium fine sand !'-l' 1'-4' 4'-6' 6'-9' 9'-10' Water table = 4'8" NOTE: These auger boring tests are representative of and apply only to the particular and exact location of the borings. ;0'-:'.. 5 o I L S TESTING ....AS OF THE PALM SEAc...1ES. INC. P.O. BOX 211 421 SOUTH H STREET LAKE WORTH, FLORIDA 33460 6B6.7&1& P AG E - I ASPHALT, . . CONCRETE. . . MATERIALS Auger Borings for Rossi & Ma1avasi. Engineers Project location: South Parcel c.. S.3 4Q... ) L"r-I2.~J C:Lev Job No: 87/84-1TL Date: 3/17/87 Sampled by: DJ LOCATION #A-1 - Per location plan DEPTH 0'-1' 1'-6' 6'-10' DESCRIPTION Gray medium fine sand Light brown medium fine sand Brown medium fine sand Water table - l' #A-2 - Per location plan 0'-6' 6'-10' Light brown medium fine sand Brown medium fine sand Water table = l' #A-3 - Per location plan 0'_5' 5'-10' Dark brown medium fine sand Light brown medium fine sand Water table = I' #A-4 - Per location plan 0'-1' 1'-5' 5'-10' Gray medium fine sand Light brown medium fine sand Brown medium fine sand Water table = 2' #A-5 - Per location plan 0'-7' 7'-10~, Light brown medium fine sand Brown medium fine sand Water table = 2' #A-6 - Per location plan 0'-3' 3'_7' 7'-10' Light brown medium fine sand Brown medium fine sand Light brown medium fine sand with shell Water table = 2' NOTE: These auger boring tests are representative of and apply only to the particular and exact location of the borings. sJ o I L S ?~::~. TESTING _AS OF THE PALM BEAC. .ES. INC. . P.O. BOX 211 421 SOUTH H STREET LAKE WORTH, FLORIDA 33480 686.7518 PAGE - 2 ASPHALT, . . CONCRETE. . . MATERIALS Auger Borings for Rossi & Malavasi. Engineers Project location: South Parcel (s""3AC. ') Sampled by: DJ Job No: 87/84-lTL Date: 3/17/87 LOCATION #A-7 - Per location plan DEPTH 0'-4' 4'-8' B'-IO' DESCRIPTION Light brown medium fine sand Brown medium fine sand Light brown medium fine sand with shell Water table - 3' #A-8 - Per location plan 0'-5' 5' -9' 9'-10' Light brown medium fine sand Brown medium fine sand Light brown medium fine sand with shell Water table = 3' #A-9 - Per location plan 0'-1' 1'_4' 4'-9' 9'-10' Brown medium fine sand Light brown medium fine sand Brown medium fine sand Light brown medium fine sand with shell Water table = 3' #A-lO - Per location plan 0'-3' 3'-8' 8'-10' Light brown medium fine sand Brown medium fine sand Light brown medium fine sand Water table = 3' #A-ll - Per location plan 0'-5' 5'-10' Light brown medium fine sand Brown medium fine sand with trace of roots Water table = 3' NOTE: These auger boring test3 are representative of and apply only to the particular and exact location of the borings. ::\::;: o I L S TESTING LAB OF THE PALM BEACHES. INC. P.o. BOX 211 421 SOUTH H STREET LAKE WO~TH. FLORIDA 33460 686.76115 PAGE ":'" 3 ASPHALT. . . CONCRETE. . . MATERIALS Auger Borings for Rossi & Malavasi. Engineers Project location: South Parcel ($:3 He.) 6rz.uJ G~.l!J'd Job No: 87/84-1TL Date: 3/17/87 Sampled by: DJ LOCATION #A-12 - Per location plan DEPTH 0'-2' 2'_6' 6'-10' DESCRIPTION Brown medium fine sand Light brown medium fine sand Brown medium fine sand Water table = 2' #A-13 - Per location plan 0'-2' 2'-4' 4'-8' 8'-10' Brown medium fine sand Dark brown medium fine sand Light brown medium fine sand Light brown medium fine sand with shell #A-14 - Per location plan 0'-5' 5'-10' Water table = 2' Light brown medium fine sand Brown medium fine sand Water table = 3' Light brown medium fine sand Brown medium fine sand Light brown medium fine sand. Water table = 3' #A-15 - Per location plan 0'-4' 4'-8' 8'-10' #A-16 - Per location plan 0'-2' 2'-4' 4'-7' 7'-10' Light brown medium fine sand Brown medium fine sand with roots Dark brown medium fine sand Light brown medium fine sand Water table = 2' #A-17 - Per location plan 0'-3' 3'-4' 4'-6' 6'-10' Light brown medium fine sand Brown medium fine sand Dark brown medium fine sand Brown medium fine sand Water table = 3' NOTE: These auger boring tests are representative of and apply only to the particular and exact location of the borings. 6 r/<v..r &LE~