LEGAL APPROVAL
1 RESOLUTION NO. R04- n b
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ACCEPTING A DEED OF CONSERVATION
5 EASEMENT FROM LEVITT COMMERCIAL mOH RIDGE
6 II, LLC, AND PROVIDING FOR AN EFFECTIVE DATE.
7
8 WHEREAS, LevItt Commercial High Ridge II, LLC, desires to construct High RIdge
9 Commerce Center II at a site in Boynton Beach, Palm Beach County, which is subject to the
10 regulatory authority of the City; and
11 WHEREAS, the purpose of thIS Easement is to retaIn land or water areas in their
12 natural, vegetatIve, hydrologIC, scenic, open, agncultural or wooded conditIOn and to retam
13 such areas as sUitable habItat for fish, plants or wildhfe; and
14 WHEREAS, the CIty COmmIssion upon recommendation of staff, deems It
15 appropnate to accept the Deed of Conservation Easement from Levitt Commercial High
16 RIdge II, LLC.
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
SectIOn 1.
That each Whereas clause IS true and correct.
20
Section 2.
The CIty Commission of the City of boynton Beach, Flonda does
21 hereby accept the Deed of Conservation Easement fmm LeVItt Commercial High RIdge IT,
22 LLC.
23
SectIOn 2.
That thIS Deed of Conservation Easement WIll be recorded 10 the
24 Public Records of Palm Beach County, Flonda.
25
SectIOn 3
ThIS ResolutIon shall become effectIve immedIately upon passage.
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S'\CA\RESO\AgreemenlS\Utilities\Deed of Conservation Easement. High Ridge Commerce Center Il.doc
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~! ~j\TIEST '!rL ~
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25 : ~Corporate Seal)
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PASSED AND ADOPTED this olo day of July, 2004.
CITY OF BOYNTON BEACH, FLORIDA
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:\CA\RESO\Agreements\Utilities\Deed of Conservation Easement - High Ridge Commerce Center n.doc
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VI.-CONSENT AGENDA
ITEM C.5.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meetinp: Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
D April 7.2004 March 15,2004 (Noon,) 0 June I, 2004 May 17,2004 (Noon)
0 April 20. 2004 April 5,2004 (Noon) 0 June 15, 2004 May 31, 2004 (Noon)
0 May 4, 2004 April 19,2004 (Noon) 0 July 6, 2004 June 14, 2004 (Noon)
0 May 18,2004 May 3, 2004 (Noon) [gJ July 20, 2004 July 5, 2004 (Noon)
0 Administrative [8J Legal - Resolutton
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentabon
0 Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 UnfInished Busmess
RECOMMENDATION: Please place this request on the July 20, 2004 City Connnission Agenda under Legal-
Resolutions. Staff recommends that this resolution be approved which accepts the dedication of a 2.6-acre conservation
easement.
EXPLANATION: On January 21,2003, site plan approval was granted for "High Ridge Commerce Center #2". As
this project was approved on property containing natural scrub habitat, habitat set aside and a formal management plan was
required as a condition of approval. The easement will ensure proper preservation of this preserve in perpetuity Please note
that in accordance with the "Deed of Conversation Easement", the city (Grantee) shall not be responsible for any costs or
liabilities related to its operation or maintenance, and that the easement is for conservation purposes only and specifically
excludes any access rights of the public.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
D~~
~C'M 'So
Ity anager sIgnature
Pf.:~ ~eclor Diy Attorney / Finance / Human Resources
S'\Planning\sHARED\WP\sPECPROJ\Resolutions\Agenda Item Request ResoIution(High Ridge Commerce #2) 7-20-04.dot
S'\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEED OF CONSERVATION EASEl\tIENT
I? ()~-II ~
THIS DEED OF CONSERV A nON EASEMENT is given this LJ.L,day of
_ , 2004 by LEVITT COMMERCIAL HIGH RIDGE II, LLC, a Florida
ited Liability Company, with an address of 4150 S.W. 28th Way, Fort Lauderdale, Florida
33312 ("Grantor") to the CITY OF BOYNTON BEACH wIth an address of 100 E. Boynton
Beach Boulevard, Post Office Box 310, Boynton Beach, Plorida 33435 ('"Grantee") As used
herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and
all subsequent owners of the "Property" (as heremafter defined) and the term Grantee shall
mclude any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Palm Beach County,
Flonda, and more specifically described in Exhibit ..A" attached hereto and incorporated herein
("'Property"); and
WHEREAS, the Grantor desires to construct (name of project) HIGH RIDGE
COMMERCE CENTER n ('.Project") at a site in Boynton Beach, Palm Beach County, which is
subject to the regulatory jurisdiction of the CITY OF BOYNTON BEACH ("C1ty")~ and
\VHEREAS, City Permit No. ("Permit") authorizes certain activities
which affect land under the regulatory authority of the City in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve, enhance, restore and/or
mItigate wetlands and/or uplands under the City's jurisdictIon; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as defined
in Section 704.06, Florida Statutes, over the Property.
NOWI THEREFORE, in consideration of the issuance of the Permit to construct and
operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together
with other good and valuable consideration, the adequacy and receipt of which is hereby
acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement
for and in favor of the Grantee upon the Property which shall run with the land and be binding
upon the Grantor, and shall remain in full force and effect forever.
The scope, nature, and character of this Conversation Easement shall be as follows:
1. It is the purpose of this Conservation Easement to retain land or water areas in
their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain
such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas
included in the Conservation Easement which are to be enhanced or created pursuant to the
Page 1 of5
FTl:995777 2
] PASSED AND ADOPTED thIS _ day of July, 2004
2
3 CITY OF BOYNTON BEACH, FLORIDA
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6 Mayor
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9 Vice Mayor
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12 COmmISSIOner
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15 Commissioner
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18 Commissioner
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23 Ity Clerk
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25 Corporate Seal)
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:\CA \RESO\Agreements\Utilities\Deed of Conservation Easement. High Ridge Commerce Center ll.doc
Management Plan ("Plan") described in Exhibit "B" attached hereto and incorporated herein
shall be retamed and maintained in the enhanced or created conditions required by the Plan.
To carry out this purpose, the followmg rights are conveyed to Grantee by this Easement:
a. To enter upon the Property at reasonable times with any necessary
eqUIpment or vehicles to enforce the rights herein granted in a manner that wIll not unreasonably
interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry;
and
b. To enjoin any activity on or use of the Property that is inconsistent with
this Conservation Easement and to enforce the restoration of such areas or features of the
Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required by the
Plan, the following actIvities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, SIgns, bIllboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of sailor other substance or material as landfill, or
dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except for the
removal of exotic or nuisance vegetation m accordance with the Plan;
d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
matenal substance in such a manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remain in its natural condition;
f. Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habItat preservation including, but not
limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or water
areas;
h. Acts or uses which are detrimental to the preservation of any features or
aspects of the Property having historical or archaeological significance.
3. Grantor reserves all rights as owner of the Property, including the right to engage
in uses of the Property that are not prohibited herein and which are not inconsistent with any City
rule, criteria, permit and the intent and purposes of this Conservation Easement.
Page 2 of5
FTL99S777.2
4. No right of access by the general public to any portion of the Property IS
conveyed by this Conservation Easement.
5. Grantee shall not be responsible for any costs or habilities related to the operatIOn,
upkeep or mamtenance of the Property.
6. Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and
restrictions of this Conservation Easement shall be borne by and recoverable against the
nonprevailing party in such proceedings.
8. Enforcement of the terms, provISIOns and restnctions of this Conservation
Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of
Grantee to exercise its rights hereunder in the event of any breech hereofby Grantor, shall not be
deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this Conservation Easement exclusively for conservation
purposes. Grantee will not assjgn its rights and obligations under this ConservatIOn Easement
except to another organization qualified to hold such interests under the applicable state laws.
10. If any provision of this Conservation Easement or the applicatIOn thereof to any
person or circumstances is found to be invalid, the remainder of the provisions of this
Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation
Easement is preserved.
11. Grantor shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal instrument by which Grantor divests itself of any interest in
the Property.
12. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United Stats certified mail, return receipt
requested, addressed to the appropriate party or successor-in-mterest.
13. This Conservation Easement may be amended, altered, released or revoked only
by written agreement between the parties hereto or their heirs, assigns or successors-in-interest,
which shall be filed in the public records in Pahn Beach County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purpose imposed with this Conservation Easement shall be binding upon
Grantor, and shall continue as a servitude running in perpetuity with the Property.
Page 3 of5
FTL:995777'2
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of this Conservation Easement and all mortgages have been joined or
subordinated; that Grantor has good right and lawful authonty to convey the Conservation
Easement; and that it hereby fully warrants and defends the title to the Conservation Easement
hereby conveyed against the lawful claims of all persons whomsoever. _51
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APPROVED AS TO FORM
City Attorney
ST ATE OF FLORIDA )
) SS:
COUNTY OF../j,~t/J"",d )
LEVITT COMMERCIAL HIGH RIDGE II, LLC
a Florida Limited Liability Company
By: LEVITT COMMERCIAL DEVELOPMENT,
LLC, a Flonda Linuted Liability Company,
Manager
~<\ c ~-=~,
Seth Wise, President
I HEREBY CERTlFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesald to take acknowledgments, the f<:re~o~strument was
acknowledged before me by ~ Lv/.s~ , the ~~ of LEVITT
COMMERCIAL DEVELOPMENT LLC, a Florida limited liability company, freely and
voluntarily under authority duly vested in himlher by said company. He/she is personally known
..1Q....m.f or who has produced as identification.
~S my band and official seal in the County and State last aforesaid this J~y
of r · 2004.
.~Ct:u.~
Page 4 of5
FTL995777.2
Notary PublIc
~-c.NA~Euq>4S
Typed, printed or stamped name of Notary Public
My Commission Expires:
~~~~. Suzanne E Evons
f":~:~ MY COMMISSION # ooZ3.4057 EXPIRES
~... ... f July 2:\ 2007
~P.f.:r.<.., BONDEDTHtUIROYFAIN INSUfAHCUHC
Page 5 of5
FTL.995777.2
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PRESERVATION AREA
MANAGEMENT PLAN
I
HIGH RIDGE COMMERCE CENTER
NUMBER 2
City of Boynton Beach
Palm Beach County~ Florida
Section 17, Township 45 South, Range 43 East
.
PREPARED FOR:
LevittIBank Atlantic Commercial
JANURARY 8.2003
.
PHILLIP R. JIMRUSTI
& ASSOCIATES, INC.
ECOLOGICAL ENGINEERS
ENVIRONMENTAL CONSULTANTS
12730 s.w. 12th Court
DAVIE. FLORIDA 33325
(954) 370-8870
~
~
IDGB RIDGE COMM .CE CENTER No.2
MANAGEMENT PLAN
INTRODUCTION
The High fudge Commerce Center No.2 is a commercial project that will be developed
on a ] 0.4 acre tract of land located on the Southwest comer of Miner Road and High
fudge Road, City of Boynton Beach, Section 17, Township 45 South, Range 43 East,
Palm Beach County, Florida. The site is boWlded on the north and east by paved roads,
on the south by a cleared field and by an undeveloped wooded tract to the west. The
immediate area surrounding the property, with the exception of the western wooded
area, bas been cleared and developed for indusnial and residential purposes. The
southeast comer and an area along the north boundary of the property have been cleared
ill the past. The southern area is open with some scattered exotic trees and the northern
area has a dense growth of exotic shrubs.
Approximately 2.6 acres offorested land along the west side of the property was set
aside as a preserve area to be in compliance with the City of Boynton Beach Vegetation
and Environmentally Sensitive Land Ordinance ( Chapter 7.5, Article IV). The preserve
area is approximately ninety feet wide and abuts a wooded property to the west. The
habitat value of the preserve ]5 excellent and with a minor amount of exotic and invasive
vegetation removal an area of open scrub will be created that will support and sustain a
viable wildlife population. Protecting the western edge of the site will provide a valuable
core habitat that still resembles historic pineJands that will be a valuable corridor for
movement of animals.
The purpose oftbe "Preserve Management Plan" is to provide a comprehensive
program for protection during construction, habitat restoration, exotic vegetation
removal and to establish a long term maintenance schedule.
VEGETATION
The site can be best described as a sand pine (pinus cJausa) dominated scrub habitat.
The wooded area of the site is densely covered with sand pine of various ages with an
under story of scrub oak (Quercus spp.). There are DO sand pine seedlings or saplings
present in the under story. Approximately ten percent of the standing sand pine trees are
dead. Both serotinuous and nonserotinuous specimens appeared to be prevalent within
the community. Fire has occurred at some time in the distant past as evidenced by
pieces of charred wood observed on the southern half of the site. Sand pine is a pioneer
species and in the absence of periodic fires will often invade open scrub flatwoods,
r especially during periods of drought.
2
IDGH RIDGE COMMl ~E CENTER No.2
MANAGEMENT PLAN
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VEGETArION (Continued)
,;
An open area that occurs on the southern end of the property contains roadside weeds
such as Spanish needles (Bidens alba), ceasar weed (Urena lobata), ragweed
(Ambrosia artemisijfolia), periwinkle (Catharanthus roseus), and various other
grasses and Forbs associated with open fields
Prickly pear cactus (Opuntia spp.) was observed here and in other sunlit areas of the site
and dodder vine (Cuscuta spp.) is invading the periphery vegetation. The exotic canopy
is sparse and consists of earleaf acacia (Acacia auriculifonrus), Austrialian pine
(Casuarina equisetifolia), Brazilian pepper (Schinus terebinthifolius), lead tree
Leucaena leucocephala), Java plum (Syzygium cumini) and Scheffiera (Brassaia
actinophylla). Approximately 2.4 acres along the north boundary is covered in dense
Brazilian pepper. Earleaf acacia and schefllera are scattered through out the site. Giant
wild pine (Tillandsia utriculata), inflated wild pine (Tillandsia balbisaina) and scrub mint
(Conradina grandiflora) were Doted in the southeast corner of this area.
.
The remaining two thirds of the property is forested with sand pine and an occasional
slash pine (pinus eJliottii). The under story is predominately scrub oak (Quercus spp.),
Chapmann's oak (Quercus chapmanii), sand Jive oak (Quercus geminata), saw
palmetto (Serona repens), palafoxia (palafoxia feayi), paw paw (Asimina reticuJate),
staggerbush (Lyonia ferruginea), hucklebeny (Vaccinium mysinites) and Florida privet
(Forestiera segregata). Because of the dense pine canopy, the wooded area is
depauperate of ground cover. Rosary pea (Ceropegia woodii) covers a large portion of
the area and scattered clumps of wire grass (Arstida stricta) and gopher apple (Licania
michauxii) were observed. Wild pine (Tillandsia spp.) occurred sporadically on a few of
the trees.
SOILS
The US Department of Agriculture, Natural Resources Conservation Service Soil
Survey of Palm Beach COlDlty indicates that the substrate of the property is Paola sand
(pcB) along the east one half and St. Lucie sand (ScB) on the western one half. Both of
these soils are nearly level to sloping, excessively drained, deep, sandy soil on long
narrow, dune.like coastal ridges and on isolated knolls. The water table is generally
below a depth of six feet.
It
3
BlGH RIDGE COMM1..~CE CENTER No.2
MANAGEMENT PLAN
.,
-'-WIt5'lt:blFE -
Based on previous studies of animal populations within the Sand Pine Scrub and Pine
Flatwoods communities, a gopher tortoise (Gopherus polyphemus) and listed animal
species survey was conducted in November 2002 for the project. During the field
sUTVey of the vegetation, all gopher tortoise (Gopherus polyphemus) burrows were
located and mapped within the scrub, flatwoods, and disturbed portions of the site. A
total of] 9 burrows were distributed as follows: 6 active, I inactive and ]2 abandoned.
Active burrows were identified by the presence of tracks, cleaTed openings or recently
excavated soil. Inactive bWTOWS usually showed no signs of soil excavation and were
frequently littered with fallen leaves and other debris. Abandoned burrows were often
caved-in or covered with leaves with DO signs of activity.
Since gopher tortoise utilize more than one burrow, estimates of abundance were based
on a multiplier of 0.6 x active and inactive burrows (Auffenberg and Franz 1982). Ifwe
assume that the multiplier is an accurate estimate of tortoise populations throughout
Florida, 7 burrows represents an estimated population of 4 or 5 gopher tortoise. The
relocation of five or less gopher tortoise would require an onsite permit from the Florida
Fish an4 Wildlife Conservation CommissioD. The western twenty five percent of the site
will be utilized as a preservation area for both plants and animals.
)
Other burrow commensals such as the gopher frog (Rana areolata) and eastern indigo
snake (Drymarchon corais couper) as well as the Horida scrub lizard were also looked
for at the time of the gopher tortoise study, but no additional animals were observed.
RESIDENT ANIMAL SPEClES
The following animal species were observed on-site during the most recent field
survey.
_.-.- ~- -- ~ --. _..
Mammals
Nine banded armadillo (Dasypus novemcnctus)
Opossum (Didelphis vurginiana)
Raccoon (Procyon lotot)
Grey Squirrel (Sciurus caroIinensis)
Birds
Grmmd dove (Columbia passerina)
Mocking bird (Mimus polyglottos)
Mourning doves (Zenaida macroura)
4
B1GB RIDGE COMJ\L...<CE CENTER No.2
MANAGEMENT PLAN
. .,~;W]J"7D-lJEJUC ontiDuedl_=-_
Other Vertebrates
Oak toad (Bufo quercicus)
Green anole (AnoJis carolinensis)
Six-lined racerunner (Cnemidophorus sexlineatus)
Gopher tortoise (Gopherus polyphemus)
WETLANDS
Wetlands do not occur on this property.
MANAGEMENT
.
Active management of the preserve will be conducted in phases as described below.
]. Preconstruction.
2. Gopher tortoise relocation.
3. Exotic and invasive vegetation removal.
4. Construction.
5. Habitat restoration.
6. Monitoring and maintenance.
PreconstructiOD:
The boundaries of the preserve area must be delineated by a smveyor with stakes placed
along the property lines and eastern delineation line on twenty :five foot intervals. A four
foot high orange vinyl construction fence with six foot steel posts on ten foot centers
must be erected on the east, north and south boundary line of the preserve. In addition; a
.. three foot high silt barrier must be placed directly in front of the construction fence
along the east boundary of the preserve.
Gopher Tortoise Relocation:
t
The active gopher tortoise burrows will be excavated and the animals will be placed
behind the preserve area fence in accordance with the Florida Fish and Wildlife
Conservation Commission relocation pennit.
5
H1GH RIDGE COMMk.~CE CENTER No.2
MANAGEMENT PLAN
)
-_E-x_otic ~D~ lnvasive Vegetation Removal:
. -
- ---- - -- ._-.......~-...~
The northern three bundred feet of the preserve is totally infested with Brazilian pepper
resulting in the near elimination of all underlying species of vegetation. These trees will
be removed by hand cutting at ground level and treating the stumps with an approved
herbicide. Use of a tractor equipped with a hydro-ax is an optional method for cutting
the trees to ground level. Large areas of the wooded portion of the preserve are covered
with rosary pea vines inbjbiting the movement of gopher tortoises and other small
aniIDals. The vines will be treated with an approved herbicide and allowed to
decompose in place. The entire preserve will be campaigned to eliminate any exotic
species of vegetation that appears on the Florida Exotic Pest Plant Council list. These
specimens will be treated with herbicide and left in place.
Construction:
)
The developer's contractor will clear and grub the developed portion of the site east of
the preserve. The integrity of the eastern preserve bOlmdary line must be maintained at
all times. If the trunk of a tree or the majority of a tree's roots falls on the east boundary
line, then the tree and the roots must be removed by hand to the limits of the preserve. If
the Toots of any tree protrude beyond the east line of the preserve, then the roots must
be removed by hand. The Environmental Consultant will determine if the roots can be
safely removed without hanning the tree. If they cannot, then the tree must be removed
by hand.
After the clearing and grubbing has been completed the developer's contractor will
install a concrete retaining wall eighteen inches east of the preserve eastern boundary.
Extreme care must be taken that no fill or debris be allowed to breech the silt barrier
and construction fence. Any voids that occur on the west side of the retaining wall will
be filled with sand by hand. Clearing and gIllbbing and construction of the retaining wall
will be observed by the Environmental Consultant to assure that there are no adverse
impacts on the preserve. During subsequent construction activities, extreme care must
be taken at all times that debris and other extraneous material does not enter the
preserve area at any time.
-..../
6
mcn RIDGE COMML..KCE CENTER No.2
MANAGEMENT PLAN
. ~flabitat-=Re'st-9r~titlD":----
The northern three hundred feet of the preserve will require the installation of a certain
amount of vegetation. It is anticipated that a temporary irrigation system can be placed
in this area after the water retention pond is excavated. Watering of newly installed
plants is essential until they become established. Unless there is a drought, the watering
is generally for a period of six months. The interval of time between the Brazilian
pepper removal and the inigation installation, will provide any indigenous under stOt)'
vegetation that has been dormant time to regenerate. Any replanting required along the
east preserve boundary after construction of the retaining wall can be done at this time.
The inigatioD line can be extended to accommodate the new plants. Vegetation species
proposed for habitat restoration include, but are not limited to, the following:
Cabbage palm (Sable palmetto)
Saw palmetto (Serenoa repens)
Scrub oak (Quercus spp.)
Sand pine (pinus c1ausa)
Pawpaw (Asimina reticulate)
Staggerbush (Lyonia ferruginea)
Gopher apple (Licania michauxii)
Wiregrass (Arstida stricta)
-
Trees1 shrubs and herbaceous material wi] be containerized. Trees and shrubs will be
planted on ten foot centers and ground C01, er will be on three foot centers. No plant
relocation will occur within the preserve 8, ,-ea.
Monitoring and Maintenance:
MONITORING
1. Monitoring shall be conducted for'a two year period to assure the City of
Boynton Beach that the management plan for the preserve is successful.
-
2. A-tllne zeio'repoir-snall'be'ptepared and submitted-to,tbe City of Boynton Beach,
Planning and Zoning Department City Forester within 30 days of the completion
of the planting. A quarterly monitoring report shall be prepared and submitted to
the City Forester within 30 days from the end of each quarter for the first year
and annually for the second year. The City Forester will be appraised of each
development that occurs prior to the submittal of the time zero report.
I
7
BlGH RIDGE COMM-b._.CE CENTER No.2
MANAGEMENT PLAN
)
..)-"-__ The ~Q!!i~9ring repo,! shall contain the folJowing:
a. Estimated coverage of plant species composition and percent survival of
the woody species within the planted area. The area will be noted for
recruitment~ signs of stress, deterioration and percent infestation of exotics
speCles.
b. Color photographs of the site taken from the same position each report.
c. A general discussion of the site to include quantitative data, water quality,
wildlife usage, percent survival and any unusual circumstances concerning
the planting area.
MAINTENANCE
~
The preserve area shall be maintained on a quarterly basis into perpetuity to control and
remove invasive and exotic vegetative species as defined by the Florida Exotic Pest
Plant Council. The undesirable species shall be removed by physically uprooting and
disposing of the individual specimens or by spraying with an approved herbicide. Every
attempt shall be made to attain zero percent coverage of exotic/nuisance plant species
during the quarterly maintenance event.
PROHIBITED ACTIVITIES
Prohibited activities in the preserve include, but are not limited to: construction or
placing of building materials on, above~ or below the ground; dumping or placing soil or
other substances such as garbage, trash and landscape cuttings; removal or destruction
of native trees, shrubs or other native vegetation; removal or causing harm to resident
gop!i.e.~ tOT!~i~e ~r any other animals; excavating, dredging or removal of soil material;
.. .. ...-.diking or -fencing; recreational vehicle_use; any. activi.lj~s !I~trimental to drainage, flood
control, water conservation, erosion control and wildlife habitat conservation and
preservation. No alterations are pennitted within the preservation area easement without
prior approval of the City of Boynton B~ach.
----
8
.
.
.
IDGH RIDGE COM!hJ.'..RCE CENTER No.2
MANAGEMENT PLAN
~ANAN€tAlrR-ESPONSIBILITY
The Owner of Record of the High Ridge Commerce No.2 development project will be
responsible for the financial responsibility of the preserve area. The financial
responsibility will be transferred with the ownership of the property.
ENTITY RESPONSIBLE FOR MANAGEMENT
The Developer or Owner of Record of the High Ridge Commerce No.2 development
project will be responsible for the initial and long term management of the preserve. The
management responsibility will be transferred with the ownership of the property.
TIME SCHEDULE
The following is an approximation of the schedule of events concerning the
development of the preserve area:
February 2003 - Swvey preserve boundary, install construction fence and silt barrier,
apply for gopher tortoise relocation permit. (permit has 30 day expiration and can be
obtained in 2. weeks)
March 2003 - Remove exotic vegetation from preserve, relocate gopher tortoises, clear
developed site.
September 2003 - Install temporary irrigation, plant vegetation to restore the northern
portion of preserve and the east boundary.
November 2003 - Submit time zero monitoring report.
November 2005 - Submit finaI mom'toring report.
9
HJ-Y RIDGE COMMERCE CEW-R No.2
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05/30/2004 15'39
9547714923
GOREN CHEROF ET AL
PAGE 02/2'3
lj.
.....'"
~
~ Ruden
~_I McClosky
JOO EA';'T BRClWMD AOUlEVI\RD
FOR" I.A\mr:ROAI F., rol ORI!),\ n~Ol
P05'T OFflCf. BOX 1900
FORT \.AuDF.ROAI. r:, fl ()ll1f)^ J)JnJ.
t9~~1 ~27-624&
FAX, 19S~1 333-4246
SEVERL V .BElLlllllRlIDEN .COM
June 30. 2004
HAND DELIVE~Y
David Tolces, Esq.
Goren. Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard
Suite 200
fort Lauderdale, FL 33308
I
Re: City of Buynt01f Beach/Righ Ridge Commerce Center II CQn.~erVtltion Easement
Dear Mr. Tolces
F..neloselt please find the following:
1. Original Deed of Conservation Easement which has been execute;d by LevIn; and
2. Original opimon of tItle
Bonme i~ em vacatlOT1 but wIn be back in the office tom.orrow. If you have any questions, please
feel free to gIve her a caB
Smccrcly,
Beverly Bell.
Assistant to BonnIe t. Miskc:l
Enclosures
cc' Michael Rumpf (via fax)
FTL.1236041,'
RUDEN, McClOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CAIACAS . H ,lAUOEIIO^,.E . MIAMI . NI\Pl~~ . O~l"'NDO . POllT Sf I,IJCI( . SAItASO'1I . ~T 'HER~BUIlC . 1^llIlHA5SF.E . TAMPA' WE';T '/lI.M nACH
~b/~~/L~~q 1~:3~
~~qlflq~L3
GOREN CHEROF ET AL
PAGE 03/2'3
~ Ruden
._. McClosky
200 fAST II~OW^RO BQI)I.~VMn
FORT I AIJOHIOALE. FLORID" H301
POST OFFICE BOX "00
FORT LAUDERDALE. FlOIl.IOA H302
(951) 527'Z~05
MX: (9:.4) .1.11.400."
8ARRY.SOMF.RSTEIN(l)RUDE N. COM
.Tune 23,2004
Clty of BOyntOll Beach
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Lel/itt Commercial High Ridge 11 Conse1'Votfon Easement dest!rihed on Exhibit "A"
IIttll.ched heretQ and made a part hereof
Gentlemen:
It is our underst8hding that Boynton Beach. Ftorida ("City") has requested the opinion of this law
firm regarding the status oftttle of the Property
We have examined Chicago Title Insurance Company timited Title Search Certification
NoJ00406534 having an effective date of May 17,2004 at 11'00 p.m. ("Title Work").
To the best of OUT knowledge (withollt mdependent investigation by this law firm), and based
solely on the Title Work. as of May 17. 2004 at 11:00 p.m., we arc oftbe opinion as follows.
1. LevItt CommercIal High Ridge II, LLC, a Flonda limlted hability company 1S the
fee simple titleholder of the Property
2. The Property is encumbered by the following mortgage:
a. Real Estate Mortgage,..Ass;gnment and Security Agreement from Levitt
CommercIal High Ridge 11, LLC, a Florida Hmited liability company to
Region!l Bank dated February 26, 2003, recorded May 4, 2003 in Official
Records l300k 14873, Page 1640, togethct with UCC-l F1nancing Stateme.nt
between said parties recorded in Official Records Book 14930, Page 57 of
th~ Public Records of Palm f.~cach County;'F'lorjda.
vgs
FTL.123:1ROIi: I
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSell, PA
CAIAeAS . FT.IAVDElDALE . MIAMI. NAHlS . ORLANDO' POA' ST.1UCIE . SAltASOT.\ . ~T. PF,TERS8VRC . TAlLAHASSEE' TAMPA. WEST PAlM 8EACH
05/30/2004 15:39 9547714923
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CHIC' A~O TIT' F. 'N~n JR A N(''F, CO~p A NY
270'. GlltewllY Drive, PomplnoBeAc:h, Florida 33069
@
.Browanl:
Fax (954) 971-4111
Phone (954) 971.1200
.Dade:
Fax (888) 814-8400
Phone (305) 265-74180
PI 1m Beach:
FAX (888) 824-8400
Phone (407) 433-o~l5
limited Title Search Certification
DATE:
Revised June 22, 2004
SEARCH NO. 300406534
RE: Land as more completely described on Exhibit A attached to this
certificate.
TO- Virginia Scarna
Ruden, McClosky, Smith, Schuster
200 E. Broward Blvd P.O. Box 1900
Fort Lauderdale, Florida 33301
ThiS certificate is issued pursuant to Florida Statute 627.7843.
Chicago Title Insurance Company does hereby certify that a search of the Public Records of Palm
6eachCounty. Ftorida, effective the 17th day of May, 2004 at 11:00 p-m.ontheland
as described above and ShOWJ"I on Exh ibit A has disclosed the following'
1 That record title to the land as described and shown on the attached description is in the name
of:
Levitt Commercial High Ridge II, LLC, a Florida limited liability
company, pursuant t~ Warranty Deed recorded March 4, 2003 in
Official Records BOok 14873, Page 1635 0 f the Public Records of
Palm Beach County, Florida.
2. The following mortgages affect the attached description. not satisfied or released of record:
Real Estate Mortgage, Assignment and Security Agreement, given by
Levitt Commercial High Ridge II, LLC, a Florida limited liability
company, to Regions Ban~, dated February 26, 2003, ~ecorded March
4, :?'O(}3 in Official Recorda Book 14873, Page 1640, togethe r w;\.th
~~-- ~! UCC-l Financing Statement between said parties recorded
in Official Records Book 14930, Page 57.
Ob/~~/L004 ~~;~J
J~4 I r J. 4JL~
uU~~N GH~~Ur ~I AL
r'Al:It. I1b/L':i
Search No. 3~0406534 - continued
3. Real Estate Taxes for the year 2003 and prior years were paid ~nder
property control No. O~43-45-17-00-001-0010.
4. NOTE:- the:r:e may be additional encumbrances such as easements,
restrictions, etc., however, the customer did not request such
information, and no search has been performed with regard to any
additional encumbrances, and none are shown.
This report purports only to show the record and does not attempt to pass opinion on the validity
or sufficiency of any documents. nor have the contents of any documents been examined for
exceptions, reservations or other covenants or conditions affecting title.
This report is prepared for information purposes only to assist you in compliance with Florida
Statutes 177.041 and our liability hereunder is limited to the cost of this search, and acceptance of
this report hereunder is limited to the cost of this search, and acceptance of this report shall
evidence agreement with the Company that this is not a commitment to insure title. Furthermore.
this report is not to be construed as an opinion of title
IN WITNESS WHEREOF. Chrcago Title Insurance Company has caused this revised certificate to
be signed by an authorized signatory this 22nd day of June, 20~4the date of this report.
CHICAGO TITlE INSURANCE COMPANY
Sdward W. Stone
f H~c.... () i , L::J
Page 3 of 4
June 22,2004
Virginia Scama
Ruden, McOos.ky, Smith, Schu.ster
200 E. Broward Blvd. P.O Box 1900
Fort tauderdale, FL 33301
Re: 48585-4
Our File No.. 30046534
Dear Vi.rginia:
With regard to the abo.ve captioned matter, enclo.sE!d please find the following:
Revised Limited Ti.tle Search Certificatio.n
If we can he of further assistance, please do. no.t hesitate to. co.ntact the undersi,gned.
Sincerely,
CHICAGO TITLE INSU~ANCE COMPANY
Edward W. Stone
EWS:lr.
EXHIBIT A
(PRESERVE AREA)
A parcel of land in Government Lot 1, Section 17, Township 45 South,
Range 43 East, County of Palm Beach, State of Florida, more
particularly descr.i.bed as follows:
Commencing at the Northeast corner of Section 17, Township 45 South,
Range 43 East, (Beginning Point also being the Northeast Corner of
Government Lot 1);
Thence South 88 degrees 33 m~nutes 21 seconds West along the North
line af said Section 17-15-43, a distance of 310.65 feet;
Thence South 01 degree 26 minutes 39 seconds East 54.00 feet to. the
6/22/2004
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Page 4 of4
Point of Beginning;
Thence South 01 degree 22 minutes 08 seconds East 652.77 feet;
Thence South 01 degree 21 minutes 38 seconds East 603.85 feet;
Thence South 88 degrees 38 minutes 41 seconds West 103.04 feet;
South North 00 degrees 12 minutes 57 seconds West 1256.75 feet;
North 88 degrees 33 minutes 21 seconds East 77.44 feet to the Point
of Beginning.
Said lands are part of Phase 1 of the Decla~ation of Condominium of
HIGH RIDGE COMMERCE CENTER II a Condominium, recorded in Official
Records Book 16865, Page 1251 of the Public Records of Palm Beach
County, Florida.
Said lands situate, lying and being in Palm Beach County, Florida.
6/22/2004
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DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given tbis L~day of
O~-l ' 2004 by LEVITT COMMERCIAL HIGH RIDGE II, LLC, a Florida
~ted Liability Company, with an address of 4150 S.W. 28th Way, Fort Lauderdale, Florida
33312 ("Grantor") to the CITY OF BOYNTON BEACH with an address of 100 E. Boynton
Beach Boulevard, Post Off1ce Box 310, Boynton Beach, Florida 33435 ("Grantee"). As used
herein, the term Grantor shan include any and all heirs, successors or assigns of the Grantor, and
all subsequent owners of the "P.ropeny" (as hereinafter defined) and the tenTl. Grantee shall
include any successor or assignee of GTantee.
WITNESSETH
WHEREAS, the GTantor is the owner of certam lands situated 1n Palm Beach COW1ty,
Florida, and more speci1ically described in Exhibit "An attached hereto and incorporated herein
("Property"); and
WHEREAS, the Grantor desires to construct (name of project) HIGH RIDGE
COMMERCE CENTER II ("Project") at a site in Boynton Beach, Palm Beach County, wruch is
subject to the regulatory jurisdtction ofrhe CITY OF BOYNTON BEACH ("City"); and
WHEREAS, City Permit No. ('~Pennit") authorizes cenain activities
which affect land under the regulatory au.thority oftJ:Ie City in or of the State of Florid a; and
WHEREAS, this PermIt requires that the Grantor preserve, enhance, restore and/or
mitigate wetlands and/or uplands under the City's JUTlsdiction; and
WHEREAS, the Grantor, itl consideratron of the consent granted by the Pennit, IS
agreeable to granting and securing to the Grantee a perpetual conservation easement as defmed
in Section 704.06, Florida Statutes, over the Property.
NOW, THEREFORE, in consideratIon of the issuance of the .Permit to construct and
operate th.e pennitted activity, and as an inducement to Grantee in issuing the Pennit, together
wi.th other good and valuabfe conSIderation. the adequacy and receipt of which is hereby
acknowledged, Grantor hereby grants, creates, and estabhshes a perpetual conservatIon easement
for and in favor of the Grantee upon the Property which shall run with. the land and be binding
upon the Grantor, and shall remain in full force and effect forever.
The scope. n.ature, and character of thIs Conversati.on Easement shall be as follows:
1. It is the purpose of this Conservation Easement to retain land or water areas in
their n.atural, vegetative, hydrologic, scenic, open, agricultural or wooded cond.ition and to retain
such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas
inc.1uded in the Conservation Easement which are to be enhanced or created pursuant to the
Page I of 5
FTL'99S777'Z
Management Plan ("Plan") described in Exhibit "B" attached hereto and incorporated herein
shall be retained and ma.intained in the enhan.ced or created conditions required by the Plan.
To carry out this purpose, the following rights are conveyed to Grantee by this Easement:
a. To enter upon. the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a mann.er that will not unreasonably
mteriere with the use and quiet enjoyment of the Property by Grantor at the time of such entry;
and
b. To enjoin any activity on or use of the Propeny that is in.consistent with
this ConservatJ.on Easement and to enforce the restoration of such areas or features of the
Property that may be damaged by any In.collsistent activity or use.
2. Except for restoration, creation, enhancem.ent, maintenance and mOnItoring
activities, or surface water man.agement improvements, which are pennitted or required by the
Plan, the following activities are prohibited in or on the Property:
a. Constroction or placmg of buildings, roads. signs, billboards or other
advertising, utihtles. or other strnctures on o.r above the ground;
b. Dumping or placing of soli or other substance or material as landfill, or
dumping or placing of trash, waste, or un,sightly or offensive materials:
c. Removal or destruction of trees, shrubs, or other vegetation, except for the
removal of ex.otic or nuisance vegetation in accordan.ce with the Pl~;
d. Excavation, dredging, or removal of loam. peat, gravel, soil, rock, or other
material substance in such a manner as to affect the surface;
e. Surface use except for purposes that permit the land or water area to
remam in its natural condition;
f. ActiVities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservatIon including, but not
hmited to, ditching, diking and fencing;
areas;
g. Acts or uses detnmeo.tal to such aforementioned retention of land or water
h. Acts or uses which are detrimental to the preservation of any features or
aspects ofthe Property having historical or archaeological significance.
. 3. Grantor reserves all rights as owner of the Property, meluding the right to engage
m uses of the Property that are not prohibited herein and which are not inconSistent with any City
rule, criteria, permit and the intent and purposes of this Conservation Easement.
Page 2 of5
fTL99S777.2
4. No right of access by the general public to any portIOn of the Property IS
conveyed by this Conservation Easement.
5. Grantee shall not be responsible for any costs or liabilities related to the operation,
upkeep or maintenance of the Propeny.
6 Granto.T shall pay any and all real property taxes and assessments levied by
competent authority on the Property.
7. Any costs incurred in enforcing, JudIcially or otherwise, the tenns, provisions and
restrictIons of tbis Conservation Easement shall be borne by and recoverable agalnst the
nonprevailing party in such proceedings.
8. .Enforcement of the terms, prOVISIons and restrictions of tbis Conservation
Easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of
Grantee to exercise its nghts hereunder 1O the event of any breech hereof by GTantor, shaH not be
deemed or construed to be a waiver of Grantee's rights hereUl'\der
9. Grantee w1ll hold this Conservation Easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this Conservation Easement
except to another organization qualified to hold such interests under the applicable state laws.
10. If any proVIsion of this Con.servation Easemen.t or the application thereof to any
person or Clfcumstances is found to be invalid, the remainder of the provisions of this
Conservation Easen1ent shall not be affected thereby, as long as the purpose of the Conservation
Easement is preserved.
11. Grantor shall insert the terms and restrictions of this Conservation Easement in
any subsequent deed or other legal instrument by which Grantor divests itself of any interest in
the Property.
12. All notices, consents, approvals or other communications hereunder shall be in
writing and shall be deemed properly given if sent by United Slats cenified mail, return receipt
requested, addressed to the appropriate party or su.ccessor-in-interest.
13. This Conservation Easement may be amended, altered, released or revoked only
by written agreement between the parties hereto or their helJS, assigns or successors.in.mlerest,
which shall be filed ill the public records in Palm Beach County.
TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions,
restrictions and purpose imposed with this Conservation Easement shall be binding upon
Grantor, and shall continue as a servitude nt.n.ning in perpetuIty with the Property.
Page 3 of 5
FTl:995777'Z
~b/~~/L~~4 ~~:~~
j:.J4,/.lL+::JL..:l
Grantor hereby covenants with said Grantee that Grantor is lawfulJy seized of said
Property in fee sImple; that the Property is free and clear of all encumbrances that are
mconsistcnt wIth the terms of this Conservation Easement and all mo.rtgages have been joined or
subordmated; that Grantor has good right and lawful authority to convey the Conservation
Easement; and that it hereby fully warrants and defends the title to the Conservation Easemeut
hereby conveyed against the lawful claims of all persons who~so ver. ~
IN WITNESS WI~lJl.EOF,?ti
hand this .1- day of r:;f-l-c.44..t.' . 2004.
Signed, sealed and deljvered LEVITT COMMERCIAL HIGH RIDGE IT, LLC
i/i~ce as witnesses: a Florida Limited Liability Company
~~ By: LEVITTCOMMERClALDEVELOPMENT,
Print N : (')~ ~r LLC, a Florida Limited Liability Company,
Manager '''-'_,.
~;-e,~ .._~""~-<,
. Seth Wise, President
APPROVED AS TO FORM
City Attorney
STATE OF FLORIDA )
) SS'
COUNTYOF~ )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the COUllty aforesaid to take acknowledgments, the fo.rcJoi~)nstrument was
acknowledged before me by ~~ /u/54! , the ~~A'y- ofLEVlTT
COMMERCIAL DEVELOPMENT LLC, a Florida lintlted liability company, freely and
voluntarily under authority duly vested in. himlher by said company. He/she is personally known
..!.Q..m..e or who has produced as identification.
-n:ESS my hand and official seal in the Counly and State las. aforeSBid this ]~y
of ~ ,2004.
~~<<4<( &" ~-p
Page 4 0 f 5
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05/30/2004 15:39 9547714~Lj
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PRESERV A nON AREA
MANA6EMENT PLAN
HIGH RIDGE COMMERCE CENTER
NUMBER 2
City of Boynton Beach
Palm Beach County, Florida
Section 17, Township 45 South, Range 43 East
PREPARED FOR:
Levit1lBank Atlantic Commercial
JANURARY 8.2008
PHILLIP R. JIMRUSTI
& ASSOCIATES, INC.
ECOLOGICAL ENGINEERS
ENVIRONMENTAL CONSULTANTS
12730 S.W. 12th Court
DAVIE, FLORIDA 33325
(954) 370-6870
e
e
HIGH RIDGE COMlV 'teE CENTER No.. 2
MANAGEMENT PLAN
e
INTRODUCTION
The High Ridge Commerce Center No. 2 is a connpercial project that will be developed
on a 10.4 acre tract ofJand located on the Southwest corner of Miner Road and High
Ridge Road~ City of Boynton Beach, Section 17 , Township 45 South, Range 43 East,
Palm Beach County, Florida. The site is bounded on the north and east by paved roads,
on tbe south by a cleared field and by an undeveloped wooded tract to the west. The
unmediate area surrounding the property, with the exception of the western wooded
area, has been cleared and developed for industrial and residential pwposes. The
southeast corner and an area along the north boundary of the property have been cleared
in the past. The southern area is open with some scattered exotic trees and the northern
area has a dense growth of exotic shrubs.
Approximately 2.6 acres offorested land along the west side oftbe property was set
aside as a preserve area to be in compljance with the City of Boynton Beach Vegetation
and Environmentally Sensitive Land Ordinance ( Chapter 7.5 ,Article IV). The preserve
area is approximately ninety feet wide and abuts a wooded property to the west. The
habitat value of the preserve is excenent and with a minor amount of exotic and invasive
vegetation removal an area of open scrob will be created that will support and sustain a
viable wildlife population. Protecting the western edge of the site will provide a valuable
core habitat that still resembles historic pinelands that will be a valuable corridor for
movement of animals.
The purpose of the "Preserve Management Plann is to provide a comprehensive
program for protection during construction, babitat restoration, exotic vegetarion
removal and to establish a long term maintenance schedule.
VEGETATJON
The site can be best descn'bed as a sand pine (pinus clausa) dominated scrub habitat.
The wooded area of the site is densely covered with sand pine of various ages with an
under story of scrub oak (Quercus spp.). There are DO sand pine seedlings or saplings
present in the under story. Approximately ten percent of the standing sand pine trees are
dead. Both serotinuous and nODserotinuous specimens appeared to be prevalent within
the commumty, Fire has occWTed at some time in the distant past as evidenced by
pIeces of charred wood oeserved on the southern half of the site. Sand pine is a pioneer
species and in the absence of periodic fires will often invade open scrub flatwoods~
especially during periods of drought.
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IDGB RIDGE COMM. .cr CENTER No.2
MANAGEMENT PLAN
VEGET A.IrON (Continued}
An open area that occW"s on the southern end of the property contains roadside weeds
such as Spanish needles (Bidens aJba), ceasar weed (Urena Jobata)~ ragweed
(Ambrosia artemisiifoHa), periwinkle (Catharanthus roseus), and various other
grasses and forbs associated with open fields.
Prickly pear cactUs (Opuntia spp.) was observed here and in other sunlit areas of the site
and dodder vine (Cuscuta spp.) is invading the periphery vegetation. The exotic canopy
is sparse and conslsts of earleaf acacia (Acacla auriculifonnis), Austrialian pine
(Casuarina equisetifolja), Brazilian pepper (Schinu5 terebinthifoJius), lead tree
Leucaena leucocephala)~ Java plum (Syzygium cumini) and Scheffiera (Brassaia
actinopbylJa). Approximately 2.4 acres aJong the north boundary is covered in dense
Brazilian pepper. Earleafacacia and scheftlera are scattered through out the site. Giant
wild pine (Tillandsia utriculata), inflated wild pine (TiUandsia balbisaina) and scrub mint
(Conradina grandiflora) were Doted in the southeast comer of this area.
The rem~ining two thirds of the property is forested with sand pine and an occasional
slash pine (Pinus elliottii). The under story is predominately scrub oak (Quercus spp.),
Cbapmann's oak (Quercus chapmanii), sand live oak (Quercus geminata), saw
palmetto (Serona repens), palafoxia (paJafoxia feayi), paw paw (Asimina reticulate),
staggerbush (Lyonia ferruginea), huckleberry (Vaccinium mysinites) and Florida privet
(Forestiera segregata). Because of the dense pine canopy, the wooded area is
depauperate of ground cover. Rosary pea (Ceropegia woodii) covers a large portion of
the area and scattered clumps of wire grass (Arstida stricta) and gopber apple (Licania
michauxii) were observed. Wild pine (Tillandsia spp.) occurred sporadically on a few of
the trees.
SOJLS
The US Department of AgricuItw'e, NatuTal Resources Conservation Service Soil
Survey ofPahn Beach County indicates that the substrate of the property is Paola sand
(pcB) along the east one half and St. Lucie saud (ScB) on the western one half. Both of
these soils are nearly level to sloping, excessively drained, deep, sandy soil on long
narrow, dune-like coastal ridges and on isolated knoUs. The water table is generally
below a depth of six feet.
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HlGH RIDGE COMM.....<CE CENTER No.2
MANAGEMENT PLAN
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Based on previous studies of animal populations within the Sand Pine Scrub and Pine
Flatwoods communities, a gopher tortoise (Gopberus polyphemus) and listed animal
species survey was conducted in November 2002 for the project. During the field
survey of the vegeUltion, all gopher tortoise (Gopberus polyphemus) burrows were
located and mapped within the scrub, 1latWoodst and disturbed portions of the site. A
total of 19 burrows were distributed as follows: 6 active, 1 inactive and 12 abandoned.
Active burrows were identified by the presence of tracks, cleared openings or recently
excavated soil. Inactive burrows usually showed no signs of soil excavation and were
frequently littered with fallen leaves and other debris. Abandoned burrows were often
caved-in or covered with leaves with no signs of activity.
Since gopber tortoise utilize more than OD.e burrow, estimates of abundance were based
on a multiplier of 0.6 x active and inactive burrows (Auffenberg aud Franz 1982). Ifwe
assume that the multiplier is an accurate estimate of tortoise populations throughout
Ronda, 7 burrows represents an estimated population of 4 or 5 gopher tortoise. The
relocatian of five or less gopher tortoise would require an onsite permit from the Florida
Fish anq Wildlife Conservation Commission. The western twenty five percent of the site
wiD be utiljzed as a preservation area for both plants and animals.
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Other burrow commensals such as the gopher frog (Rana areolata) and eastern indigo.
snake (Drymarchon COralS couper) as well as the Florida scrub lizard were alSo. looked
far at the time of the gopher tortoise study, but no. additional animals were observed.
RESIDENT ANIMAL SPEClES
The fonowing animal species were observed on-sIte during the most recent field
s~ey.
Mammals
Nine banded armadillo (Dasypus novemcnctus)
Opossum (Didelphis VW'giniana)
Raccoon (Pracyon Jotot)
Grey Squirrel (Sciurus carolinensis)
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GroWld dove (Columbia passerina)
Mocking bird (Mimus polyglottos)
Mourning doves (Zenaida macroura)
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B1GH RIDGE COMMJ:;J(CE CENTER No.2
MANAGEMENT PLAN
~W.JLDJ",IF:LiCOD.tinutdl._:.
Other Vertebrates
Oak toad (Bufo quercicus)
Green anole (Anolis carolinensis)
Six-lined raceronner (Cnemidophorus sexlineatus)
Gopher tortoIse (Gopheros polyphemus)
WETLANDS
Wetlands do not occur on this property.
MANAGEMENT
Active management of the preserve will be conducted in phases as described below.
1. Preconstruction.
2. Gopher tortoise relocation.
3. ExotIc and invasive vegetation removal.
4. Construction.
S. Habitat restoration.
6. Monitoring and maintenance.
Pre~oDstruction:
Tbe boundanes of the preserve area must be delineated by a surveyor with stakes placed
along the property lines and eastern delineation line on twenty five foot intervals. A four
foot high orange vinyl construction fence with six foot steel posts on ten foot centers
must be erected on the east, north and south boundary line of the preserve. In addition, a
three foot high silt banier must be placed directly in front of the construction fence
along the east boundaJ;y of the preserve.
Gopher Tortoise Relocation:
The active gopher tortoise hwTows will be excavated and the animals will be placed
behind the preserve area fence in accordance with the Florida Fish and Wildlife
ConservatIon Commission relocation pennit.
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BlGB RIDGE CO.MM.t:RCE CENTER No.2
MANAGEMENT PLAN
-----.E~otj~ apd Invasive Vegetation Removal:
The northern three hundred feet of the preserve is totally infested with Brazilian pepper
resulting in the near elimination of all underlying species of vegetation. These trees will
be removed by hand cutting at ground level and treating the stumps with an approved
herbicide. Use of a tractor equipped with a hydro-ax is an optional method for cutting
the trees to ground level. Large areas oftbe wooded portion of the presetVe are covered
with rosary pea VlOes inhibiting the movement of gopher tortoises and other small
animals. The vmes will be treated with an approved herbicide and allowed to
decompose in place. The entire preserve will be campaigned to eliminate any exotic
species of vegetation that appears on the Florida Exotic Pest Plant Council list. These
specimens will be treated with herbicide and left in place.
Construction:
The developer's contractor will clear and grub the developed portion of the site east of
the preserve. The integrity of the eastern preserve boundary line must be maintained at
all times. If the trunk of a tree or the majority of a tree) s roots falls on the east boundary
line, then the tree and the roots must be removed by hand to the limits of the preserve. If
the roots of any tree protrude beyond the east line of the preserve, then the roots must
be removed by band. The Environmental Consultant will determine if the roots can be
safely rem.oved without hanning the tree. If they cannot, then the tree must be removed
by hand.
After the clearing and grubbing has been completed the developer's contractor will
instaJI a concrete retaining wall eighteen inches east of the preserve eastern boundary.
Extreme care must be taken that no fill or debris be allowed to breech the silt barrier
and construction fence. Any voids that occur on the west side of the retaining wall will
be fiJJed with sand by hand. Clearing and grubbing and construction of the retaining wall
will be observed by the Enwonmental Consultant to assure that there are no adverse
impacts on the preserve. During subsequent construction activities, extreme care must
be taken at all times tbat debris and other extraneous material' does not enter the
preserve area at any time.
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mGB RIDGE COMMt1tCE CENTER No. :1
MANAGEMENT PLAN
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The northern three hundred feet of the preserve will require the installation of a certain
amount of vegetation. It is anticipated that a temporary inigation system can be placed
in this area after the water retention pond is excavated. Watering of newly installed
plants IS essential until they become established. Unless there is a drougb~ the watering
is generally for a period of six months. The interval of time between the Brazilian
pepper removal and the irrigation installati:}J), will provide any indigenous under story
vegetatioD that bas been dormant time to n,;generate. Any replanting required along the
east preserve boundaty after construction nfthe retaining wall can be done at this time.
The irrigation line can be extended to accc.llllDodate the new pJants_ Vegetation species
proposed for habitat restoration include, but are not limited to, the following:
Cabbage palm-(SabJe palmetto)
Saw palmetto (Serenoa repens)
Scrub oak (Quercus spp.)
Sand pine (pin-us clausa)
Pawpaw (Asimina reticulate)
Staggerbusb (Lyonia ferruginea)
Gopher apple (Licania michauxii)
Wiregrass (Arstida stricta)
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Trees, shrubs and herbaceous material wi] be containerized. Trees and shrubs will be
planted on ten f~ centers- and ground co-~ er wiD be on three foot centers. No plant
relocation will occur Wlthin the preserve 2 ;'ea.
Monitoring and. Maintenance:
MONITORING
1. Monitoring shall be conducted for'3 two year period to assure the City of
Boynton Beach that the management plan for the preserve is successful.
2. A--tiine zero report shall 'be prepared and submitted to the City of Boynton Beach,
Planning and Zoning Department City Forester within 30 days of the completion
of the planting. A quarterly monitoring report shall be prepared and submitted to
the City Forester within 30 days from the end of each quartef for the first year
and annually for the second year. The City Forester will be appraised of each
development that occurs prior to the submittal of the time zero report.
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B1GH RIDGE COMJ\t", ,CE CENTER No.2
MANAGEMENT PLAN
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,~_.____Th~, mo~toring re~~.shalJ contain the foUowmg;
a. Estimated coverage of plant species composition and percent survival of
the woody species within the planted area. The area will be noted for
recruitment, signs of stress, deterioration and percent infestation of exotics
specIes.
b. Color photographs of the site taken from the same position each report.
c. A general discussion of the site to include quantitative data, water quality,
wildlife usage, percent survival and any unusual circumstances concerning
the planting area.
MAINTENANCE
The preseJVe area shall be maintained on 8 quarterly basis into perpetuity to control and
remove invasive and exotic vegetative species as defined by the FlQrida Exotic Pest
Plant Council. The undesirable species shall be removed by physically uprooting and
disposing of the individual specimens or by spraying with an approved herbicide. Every
attempt shall be made to attain zero percent coverage of exotic/nuisance plant specIes
during the quarterly maintenance event.
PROHIBITED ACTMTIES
Prohibited activjties in the preserve include, but are not limited to: construction or
placing of building materials on, abo-ve, or below the ground; dwnping or placing soil or
other substances such as garbage, trash and landscape cuttings; removal or destruction
of native trees, shrubs or other native vegetation; removal or causing harm to resident
gopher tortoise or any other animals; excavating, dredging or removed of soil material;
-diking or .fencing; recreatIonal veJUcJe.us,e; any activitles detrimental to drainage. flood
control, water conservation, erosion control and wildlife babitat conservation and
preseJVation. No alterations are pemritted within the preservation area easement without
prior approval of the City of Boynton Beach.
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WGB RIDGE COM::l\nRCE CENTER No.2
MANAGEMENT PLAN
e-':EfN*N€MJTRESPONSIBILIIX
The Owner of Record of the High Ridge Commerce No.2 development project will be
responsible for the financial responsibility of the preserve area. The financial
responsibility will be transferred with the ownership of the property.
ENTITY-RESPONSIBLE FOR MANAGEMENT
The Developer o.r Owner of Record of the High Ridge Commerce No.2 development
project wiU be responsible for the initial and long term management of the preserve. The
management responsibility will be transferred with the ownership of the property.
TIM~ SCHEDULE
The fo)Jowmg is an approximation of the schedule of events concerning the
development of the preserve area:
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February 2003 - Survey preserve boundary, install construction fence and silt barrier,
apply for gopher tortoise relocation permit. (permit has 30 day expiration and can be
obtained in 2 weeks)
March 2003 - Remove exotic vegetation from preserve, relocate gopher tortoises, clear
developed slte.
September 2003 - Install temporary irrigation, plant vegetation to restore the northern
portion of preserve and the east boundary.
November 2003 - Submit time zero monitoring report.
November 2005 - Submit final monitoring report.
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FIgure 2
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