APPLICATION
..JJECT NAME: Anderson PUD
...,OCATION: West side of Lawrence Rd.; '!. mile South of Hypoluxo
PCN: 08-43-*45-12-02-009-0020
I FILE NO.: NWSP 04-005 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: H. Loy Anderson
Chip Bryan ADDRESS: 15 S. Lake Trail
Julian Bryan & Associates, Inc. Palm Beach, FL 33480
ADDRESS: 1700 NW Arcadia Way FAX:
Boca Raton, FL 33432 PHONE:
FAX: _ 561-391-7871 A-
PHONE: 561-391-3805 J
Date of submittal/Proiected meetinl!: dates:
SUBMITTAL / RESUBMITTAL 2/18/04
1ST REVIEW COMMENTS DUE: 3/5/04
PUBLIC NOTICE: N/A
TRC MEETING: 3/23/04
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 4/27/04
MEETING:
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD
CITY COMMISSION MEETING: 5/4/04
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Anderson PUD\NWSP 04-005\2004 PROJECT TRACKING INFO.doc
City Codes Accessed Via Website
v.r\\'w.bovnton-beach.Of!!
www.amlel!aLcomlbovnton beach t1
CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING DIVISION
SITE PLAN REVIEW APPLICATION FOR
NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN
Has applicant attended a pre-application meeting? Yes Date
This application must be filled out completely, accurately and submitted as an original to the Planning and
Zoning Division. TWELVE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans
including a recent survey and appropriate fee shall be submitted with the application for the initial process of
the Site Plan Review procedure. AN INCOMPLETE SUBMITTAL WILL NOT BE PROCESSED.
Please print iegibly (in ink) or type all information.
I.
GENERAL INFORMATION
FEB I 8 2004
1. Project Name: Anderson PUD
2. Property Owner's (or Trustee's) Name: H. Lay Anderson
Address: 15 5. Lake Trail Palm Beach, FL 33480
(Zip Code)
Phone:
Fax:
3. Applicant's name (person or business entity in whose name this application is made):
D.R. Horton Homes
Address: 1194 E. Newport Center Drive Deerfield Beach, FL 33442
Phone: (954) 428-4854
Fax: (954) 428-8330
(Zip Code)
If contract purchaser, please attach contract for sale and purchase.
4. Agent's Name (person, if any, representing applicant):
JuHan Bryan & Associates, Inc.
Address: 1700 NW Arcadia Way Boca Raton, FL 33432
Phone: 561-391-7871
(Zip Code)
Fax: 561-391-3805
5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute
is specified below:*
*This is the one address to which all agendas; letters and other materials will be mailed.
6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer,
contract purchaser, etc.)
Developer and contract purchaser
CjJj)
e 1'70.>_/
.-.' .~' (Jr,-! rJ
CJUj)t!J ~c'i f1/,Y!k/;Yr) . (~
7. Street address of location of site:
West side of Lawrence Road; 1/4 mile South of Hypoluxo
8. Property Control #(PCN) 08-42-45-12-02-009-0020
9. Legal description of site: See attached
10. Intended use(s) of site: 85 Single family homes
11. Architect: JAO Architects, Boca Raton, FL
12. Landscape Architect: Cotler-Hearing, Jupiter, FL
13. Site Planner: Julian Bryan & Associates, Boca Raton,FL
14. Engineer: Schnars Engineering, Boca Raton, FL
15. Surveyor: Hager-Palbicke & Associates, Boca Raton, FL
16. Traffic Engineer: Pinder-Troutman, West Palm Beach, FL
17. Has a site plan been previously approved by the City Commission for this property?
No
II. SITE PLAN
The following information must be filled out below and must appear, where applicable, on all copies of
the site plan.
1. Land Use Category shown in the Comprehensive Plan: MR5
2. Zoning District: AR
3. Area of Site 18.32 acres 789,019 sq. ft.
4. Land Use -- Acreage Breakdown:
a. Residential, including 12.28 acres 67.03 % of site
surrounding lot area of grounds
b. Recreation Areas * 0 acres 0 % of site
(excluding water area)
c. Water Area 3.01 acres 16.43 % of site
Legal Description
Anderson PUD
The east 643.18 feet, as rTltE!asured at right angles to the east line thereof, of
tracts 9 and 16, Northeast one quarter (NE 1/4) of section 12, as shown on the
AMENDED PLAT OF SECfION 12, TOWNSHIP 45 SOUTH, RANGE 42 EAST, MARY
A. LYMAN ET AL, as recorded in Plat Book 9 at page 74, in and for the records of
Palm Beach County, Florida;;
Said lands contain 18.3194 acres, or 797, 995 square feet, more or less.
d.
Commercial 0 acres 0 % of site
Industrial 0 acres 0 % of site
Public/I nstitutional 0 acres 0 % of site
Public, Private and Canal rights-of-way 3.03 acres 16.54 % of site
Other (specify) 0 acres 0 % of site
Other (specify) 0 acres 0 % of
site
e.
f.
g.
h.
i.
j. Total area of site 18.32 acres 100 % of site
*including open space suitable for outdoor recreation, and having a minimum dimension of 50 ft.
by 50 ft.
5. Surface Cover
a.
b.
c.
courts.
site
d.
e.
Ground floor building 5.43 MAX
area ("building footprint")
Water area 3.01
acres 29.63
% of site
acres 16.43
% of site
Other impervious areas, including paved area of public & private streets, paved area of parking
lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic
2.89 acres 15.78 % of
Total impervious area 11.33 MAX
acres 61.84
% of site
Landscaped area 1.8
inside of parking lots (20 sq.ft.
Landscape Code).
acres 9.83 % of site
per interior parking space required - see Sec. 7.5-35(g) of
f.
Other landscaped areas, .14
.76
% of site
acres
g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding
water areas 5.05 MIN acres 27.57 % of site
h. Total pervious areas 6.99 MIN acres 38 16 % of site
i.
Total area of site 18.32
acres 100
% of site
6. Floor Area
a. Residential 5.43 MAX sq. ft.
b. Commercial/Office 0 sq. ft.
c. Industrial/Warehouse 0 sq. ft.
d. Recreational 0 sq. ft.
e. Public/lnstitutional 0 sq. ft.
f. Other (specify) 0 sq. ft.
g.
h.
Other (specify) 0
Total floor area 5.43 MAX
sq. ft.
sq. ft.
7. Number of Residential Dwellinq Units
a. Single-family detached 208,250 MAX sq. ft.
b. Duplex sq. ft.
c. Multi-Family (3 + attached dwelling units)
(1) Efficiency dwelling units
(2) 1 Bedroom dwelling units
(3) 2 Bedroom dwelling units
(4) 3+ Bedroom dwelling units
d. Total multi-family dwelling units
e. Total number of dwelling units 85
8.
Gross Density 4.8
dwelling units per acre
9.
Maximum height of structures on site 35
feet 2
stories
10. Required off-street parkinq
a.
Calculation of required # of
off-street parking spaces.
Off-street parking spaces
provided on site plan
N/A
=
=
=
b.
Calculation of required #
of handicap parking spaces
N/A
Number of handicap
spaces provided on site plan
=
REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL
TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT
BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY
COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT.
III. CERTIFICATION
(I) CNe) understand that this application and all papers. and pl~~S submitted herewith become a
part ofthe permanent records ofthe Planning and zOning DIVISion (I) (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 unless signed according to the instructions below.
Signature of Owner(s) or Trustee, of
Authori;>eed Principal if property is owned by
a corporation or other business entity.
Date
~
\ c... -
Signature of contract purchaser (if applicant).
R../;I Ii<:>"'Cl~ow~~i. V.I? D.R ~t~ I-lcoY"\e "':>
AUTHORIZATION OF AGENT
OR
7'/;1. 3/03
Date
IV
9??~ 0>
Date
(I) (We) hereby designate the above-signed person as (my) (our) authorized agent in regard to
this application.
Signature of Owner(s) or Trustee,
_or Authortzed Principal if property Is owned
_by a corporation or other business entity.
Date
~
OR
----
7'/.,L 3/0 -:s
Date
Signature of contract p~rchaser (if applicant)
p",v/ R.,mQYlQUlr./(.', lIJ~
o. R" HeJl';C>f\ H.m~':.
A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW
COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND CllY COMMISSION MEETINGS HELD TO
REVIEW THIS PROJECT.
RIDER TO SITE PLAN APPLICATION
The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that
all plans, specifications, drawings, engineering, and other data submitted with this application for review by the
City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties
designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall
rely upon the accuracy thereof, and any change in any item submitted Shllll ba deemed material and
substantial.
The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data
which may be approved by the City of Boynton Beach, or tts boards, commissions, staff or designees shall be
constructed in strict compliance with the form in which they are approved, and any change to the same shall
be deemed material and shall place the applicant in violation of this applic:ation and all approvals and permits
which may be granted.
The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the
applicable codes and ordinances of the City of Boynton Beach to bring Imy violation into compliance, and the
applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense,
claim, liability or any action which may arise due to their enforcament of the same.
READ, ACKNOWLEDGED AND AGREED TO this .J:Zay of 5'.t f 1e m f:wt.. , 2~
~ ~af"~ - AppIi";;P~...w,";, V,p.
~ 0.12.1{,..;"f'l Hom.tC)
Witness M.~ Ul\~
Sep,30, 2003- 9:14AM-D n Horton Ir.e, S'jutn rl':"lda
~o 3954-P, 2
,
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'['hb I nsUumcnt I""(llIl'eU by;
Jolin c. Ra... Iloquire
Ounmt. Yo.lcley. V.ideo.F.ull & S",,,,an. f.A.
151 ltoyUI Palm W'y
Pllm 1'lcac~)480
T"" I., : S 3-22-00-003-0040
QRAN~~ \11: ~7Q_~4_14t\9nMld tfl4..44.'\(111)
"~"'-o
{..:;:;~' QI!IT-CLAIMUEED
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THIS QU~~l./\IM EEO OlCOCut.d 'b~~ day of NO\IQ11bor ,1997 by and bel"...n H,
l..o~ Mdrmon. Jr.anc1 Anderzon.,In.lsband and Wl.", u leniIIM by lhe'enlilClieJ (l'a'Ilinat\c:r
colled ''Ol'4Illor").'' . ililli nck\reB jo; IS Sou,h Lok. 1',,"1. Palm Iloaeh. F'L. 33480 II,) H, Lc>l'
Anderson, Jr. .nd In ,nde"".. h..baad and wife, lIS lom.nb In eaa"non (herein.ncr c.lI..
"Oranl.."), who" l1lIlihng addr... i. lS SDuth Lake Tr:1lI. P.lm !leach, FL Jl4BO,
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WITNESSETH,l ' (1I'lIn'.r, tbr.ad in eon,id.tlllion Df lb, .um ofTen O.dlllt1<
1$10.00). in h:11l41 r.id bl"'h P ',... the "",.Ip' ,vhorcofl. h."by aeknc>wl..:lllld. duo, h.,.by
r"",i.., relw. .ad ~ui'-cl.; ~~ Gr.n... forev",. .lIlh. r1!1hl till.. inlcroll. ~l;linl nll\1
d.m"bll ..hieh tho .oid GrM'.r~ i. llIId to tb. following d...nbcd 101. pieo. or plIr<-..1 "r lond,
sill.lutc:.ly&nu and bci~ in Utu COU~~aln'l Benoh. Slot!! offlt'lridtl, (tl1. nPmperty") to.\\"ll'
'>Y
~ E.uJ 643.1 B ra.l. ua mCBSl.t a~.D.,f~u:l1l1. 'to Ihlt ~ nftOlhereor.Ortm:1l9 <I11L116,
Not\heosll14 ofllection 121l!l,h~i\':th. Amondedl'lal ofSeclioll12,'Cownship4S Sooth.
Rongo 4J Ec5~ Mory A. Lymm, ~~~,rdod in I'I:It Iloolt. 9. :II ~.ge 74 in ond ror ,he
Public Records of Polm 13<:..h C.\m~,,~..
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TO 11/\ VE /\NU TO HOLD the $1llllC \I,)gctl,,:,. 9.d sinsular lhe npplll'l""""" thorclltl'o
blllanBlngar in llIIyw\ll. .ppenllinins, Iltld .lIlhe ~l!1l', li,le, inlore_, I.... cquHy.1Id clGIrl,
whBt3acnr cfGr:ut\Dr,eltlM' 'n I"w oroquitYI to th~Y"~~pCr l.I~tl, btn.:fit aDd botulIf of Omnlt:l
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fDrever. . ~._-"
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IN WITNESS WliEREOF,lhe ..ill Omnl"r has s1~.ed '~d~ p,......lh. doy unll YCllf
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k3954-P,3
STATEO!' I'L.OIUDA )
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LX)\)NTY or PALM BEACIl )
DllII 10117 p, 730
DOROTHY lI. UILKEII, CLERK PS (;(JIJrlTV I n.
'nG inslrumonlw""lICluluwi,'<lsed ~for' nlellll, 6~ day of"1-..l,. 1'19'.
Jr and 111I" K. AncI.l'!!on. !n&:Iband llnd ..i!y. os -~ by r entireties. The
viduals 0 are personally knewn to me or e11\uve pl\ll.hn;:cd" "I'OM~~~
as 1~.nlifioU\i"".
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Print Name:
Commls!Uon Number:
My Commission l!.'(.,lres'
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DD Horton ['c, South =101' ca
No 3954 P 4
CONTRACT FOR SALE AND PURCHASE
This Contract for Sale and Purchase (herein called" Contract") is entered into by and between
H. LOY ANDERSON and INGER ANDERSON, his wife, (herein called "Seller"), and DRB!, Inc.,
a Delaware corporation, (herem called "Purchaser").
1. Prooertv. Seller agrees to sell and Purchaser agrees to purchase that certain parcel
of land described on the attached Exhibit A, subject to the terms and conditions set forth in this
Contract. Said land will be transferred with all rights and appmtenances and the existl11g
improvements, "as is," without warranty, express or implied. The purchase is of the land without
the citrus trees. The land transferred is hereinafter referenced as "Property."
urchase price of the Property is
and shall be paid by the Purchaser in
the following maImer:
A. Upon signing this contract offer the Pmchaser shall place a deposit with the
Escrow Agent, Colonial Bank, in the ammmt of r~ . ,
the initial deposit, and said deposit shall be
held by said Escrow Agent and invested as directed in paragraph 6.1 below.
The Escrow Agent shall disburse this deposit pursuant to the provisions of
this Contract, and, if closing shall occur, it will be credited against the total
purchase Plice and will be disbursed to Seller at closing. If no closing
oc~urs, the deposit shall be paid (0 the party entitled to the deposit as
provided in this Contract.
B. On o!' before the expiration of the inspection period set forth in paragraph
3.5. DRl-II, or Purchase!', shall send notice to the Seller that DRHl shall
proceed With tbe transaction ("Notice of Suitability"), ]n the event that such
Notice is not sent prior to the expiration of the inspection period, or in the
event Notice is sent that it, the Contract, shall be cancelled, the parties shall
exchange releases, and tpp m_" be l'eturned, In the
event that DRHI sends written Notice of Suitability, the Purchaser shall
increase the deposit to
to be held by the Escrow Agent Linder the same terms
and conditions and invested in acco!'dance with paragraph 6.1. This deposit
shall be known as "the Additional Deposit," and the Additional Deposit
together with the initial Deposit shall be credited against the total p1.lfchase
price aIld will be disbursed to Seller at closing. If no closing occurs, the
entire deposit shalJ be paid to th;; party entitled to the deposit as provided in
this Contract.
Sep ,30. ;003 9:15AM
D,P, Horton ne, 2o'rh - GrlC2,
ho3954 P 5
C. At closing, the Purchaser shall pay to Seller the remaining cash balance o1"the
purchase price in immediately available funds (cashier's check drawn on a
local bank or confirmed wire transfer), subjectto adj Llstment for expenses and
pm-rations provided for in this Contract.
3. Closing and Conditions Precedent to Closing. The closing date shall be a date
subsequent to January 15, 2004, subject to the conditions precedent hereinaftel' specified. In no
event shall the closing be delayed beyond tlu'ee (3) months from January J 5, 2004, or one (1) month
Irom the land use approvals set forth in paragraph 3.8, whichever is sooner. In no event shall it be
sooner than January) 5, 2004. Possession shall be delivered at closing.
" ?
),-
Costs and Exoenses. Seller needs to pay only for the fa IlOWl11g:
~
A. Documentary stamps on the deed.
B. Attorneys' fees incurred by Seller,
C. Title insurance to be issued by Seller's attorney on Attomeys' Title Insurance
Fund, Inc., and any costs to cure the title, which, in no event, shall exceed
Ten Thousand and 00/100 ($10,000.00) Dollars.
Purchaser shall pay only for the following
D. The cost of recording the warranty deed.
E. Attorneys' fees incurred by Purchaser.
F, A brokerage fee as referenced in paragraph 7. Purchaser shall receive a
release running to it and Seller relative to said commissions and deliver same
at closing.
G. Any costs, expenses, stamps and intangible taxes, and recording fees incurred
in tinancing the purchase.
H. The cost of a swvey and all costs of investigation during the inspection
period, and all costs involved inland _Ise approvals.
3.3 Pro-Ration. Ad V alo1'e111 real estate taxes fo!' the year of closing shall be pro-rated
at closing based upon the previous year's taxes, 01', if available, the assessment and millage and tax
amount for the year of closing. Should closing occur based upon the prior year's taxes, either party
may request a re-pro-ration when the tax bill is issued and this provision shall survive the closing.
2
e5/8ep,30. i003~ 9:15AM5-37D,c Horten [nc, 30cth FlolldaKANNER ET
. a5/e7l211~~ 16: 23 5Gl,8326~o6 GI13S0N AND LClOOII
NO, 3954 P, 6 03/04
PAGE 02
3,4 $urvev, Tille. and Title !ru;urall.Ce, Purchaser's o'ollga.l:ion to close iA oontingent (m
Scller uQnv.ying ll\lIrl:otBble titla ttl the property in accordance with IXIAr.l::etG,ble title stamlards
promulgllted 1r,y The Flprlda Bar, subJect only tQ the Ijell for property taxcs tor ltCl year 01' closing,
and those covenlnts, restrlotioIlS, OIlSetnents, and I'iSMs-or-way as spcciflclllly set forth on ElChibit
B. Tit]e sha\1 also be subjeot to any record i~Stnunentl affecting; title requirod by governmental
IUlthonties d,uri'(lg tllC intQl'lm period as II. oondition to rezonins or 'otherwise obligated by the lane!
use process whcrelQ Purcl'a~er makes appllcall0ll1or P\ltch"s.1 '. Intended 1.1,,0. Af\cr expiration of
the sIxty (60) day inApeetiol? period set torth in paragruph 3.5, Seller's I\ttorney shall issu[;! to
PIlrcblllSl:r' ell", 11l~~lrangO commitmcI1t. nnd P\\rchallor shall hll.V~ ten (10) hulllneS$ d~. frOn:lS date
computed two (2.) Oiys after the mailing datc()fsarnc, with coplas ofall excl\lpUons to Purchaser'.
ll.ttomcy (title: examInation p.r\od), PllTohaser will be responsible to ob,ieot in wrlting to any
C01Jd,jtlo/lll Bet ibrth on ,&lId comn~lt1ne\1j and fllm\.h thc basis of said I,bjllctlon. [fsuoh objection
is not received by Sellor's attorney on Or before two (2) bu.~il1ess dsyaaftcrthc expiration of the title
CXG.l1I!"ation pc:riod ill set forth herein, Plltohaser Will take titJo In the oontlll1on!l.S it is sot forth.or!
lIIlld title insurance Cl01TllTlltment, and sub] ect to an)' conditions Imposed in the land-I.\SIl approvlll
ptoee.~s OIl1.1ScCl by Purchaser's appllclILion. PU.l'"h,l:ler slvJlllflvo tbe right to BUn'ey the ~ropcrty
dming th~ inspeotion perlc~ at its expel15t:. Any surVelY details giving rise to a fQIlSOnablc title
objeetlun mr.l' be rniGod a. "titl. oKcol'tion ;,~ ~ceordanQo with (hiM l'llmgraph.
3.5 I n~"ectiO!l Pmil2d. J?~lrol~aser sllllll have the period of ninety (90) days J'rom the date
oft:1ili Contl'llct (the "ln~pectiOll Pcriod") 10 e:<amil1o and lnwstiBat-e MY and all matters III lilting to
the I'fOp~rty, iJ'loludin" but not liIl'lited 10, oxlstlng zonh'll, conourrency. hmd lise, I\ll"\IeY rnal1.el'~,
Ion analysis, and ell.vtronmentill tCBti and l'e:pClrts. If the Purchaser shall notlf,Y Seller in writing
dUrilli thelns,pec'llon l'eriod o(!ts jnt~nt not 10 prooelll.\ to closIng fbl'I\IlY reUtlJlS, in PwoltlUler's
sol. dIscretion, tl,en tl1~ deposit shaH be refunded to Purchaser 1jIl(.lIii~ Cr.mtra.l:l sllllll tllrmln&t. wilh
Baob patty exehangingrelel\$es, In the event P~m:..hlilSel' gives Notice ofSui1ability to Seller durin!!
th~ Itl8Fectio~ ,Ponod. this eOl,ticlOency l1h~ll bll Ql1Iilirned sati.:Eiod or wtlivlilQ by PUrcblUll!T. MO the
Dllposlt ,held by ~C1'OW Agent ~hm.!l beoome Mon-refundable, except in the event ofSellllr's c1efaLllt
llllder thi~ Contract,. or I n the ~el,t of. oondemnatlon ItS sLated,!n pll"lI2r!\ph 5.1 hereof. or in !he ev~nt
the Conditions PreO<<lent d,esoribec.l in PlU'8Igraph 3.8 are not s~tiafled or lfth=-e!l1"1! title obj\l\ltillt1ll
by which the Seller cannot OOIlVOY marketable t!tle In IlCcQt'dance with Paragraph 3,4 oft11ill Contract,
llnd the Pu,rehascr shall be ob1ilil1.t"~ to proceed to c1osini. 'NotIce of StLitabllity must be executed
by 11Jther 01\0 of Dona,I(1 .r. Tomnltz, Samuel R. FL\l1er ox OOl'don D, ,Joll<ilS, eaoh an m.!tho~l2ed
ufficer of DRTir.. Purchaser. ,I'1.lTchascr will lnoemnlt'y Seller for any t1ab!l1ty to Seller arising
bl!lcause or the actions of Purcb.uer or Purohalle,t" 5 oUieer!, ISmployees Of Illjents in cond.uctlng any
inllp,ot!on OT "",t.lv.Hy \\ndlllr thi".."tlon. All oomI'llO!"'" nnd ~ub.O(ln'll'o,otor9, prnf.eoslonnb or others
performing tests. surveyor on th" property s.b.all provide pfoLlfofinsU!'lllloe to P\ll'Qhas~r and Scll~r,
b~t PcrohllSllr's indernnlty ,..sponsibilil:ies hcreul1d,=1' shall110t be lirnitClQ to IU110unts payable under
salt:llnWl'llllc.. MInimum lleGeptable Jllnftft of$l.OOO,OOO,DO per l'er50o.al injury and $500.000,00
pl'opel'ty damage shall be :f\l1'1lished. .
'.~I
3
..\of;
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3.6 Seller's Representations, Seller makes nO l'epresental1ons or warranties as to the
condition of the Property, its suitability for Purchaser's lI1tended ,lse, or other matters not related to
the warranty of the title of the Property as set forth in paragraph 3.4 above, Pmchaser is buying the
Property in its "as is" condition, except for general warranty oftitle as required in this Contract.
3.7 Documents to be Delivered at Closinu:. Seller shall deliver to Purchaser at closing,
the following:
A. General wan'amy deed. This general warranty deed shall be in a statutory
form, duly exec,lted and acknowledged by the Seller, conveying to Purchaser
title to the Property,
B. Seller's affldavit and non-foreign certification. A standard seller's affidavit
sufficient for deleting the gap exception and standard exceptions for
construction liens and parties in possession other than any act1.lal existing
tenants of the Property accepted by Purchaser, and certifying that Seller is not
a foreign entity under the FIRPT A law.
C. Such other documents as my be reasonably requested by Purchaser, including
endorsement to the title insurance commitment to and through the date of
closing, and excluding any "gap" matters, and standard exceptions that may
be deleted after proper certification of. the survey and presentation of the
at'tidavit identilied above.
D. Closing shall occur on the first Tuesday, Wednesday or Thursday falling not
less than Efteen (] 5) days after the satisfaction of all Conditions Precedent
and not later than April 15, 2004 ("Closing Date"). The Closing Date must
occur on a Tuesday, Wednesday ol'Thursday ("Permitted Closing Date") and
if the foregoing Closing Date would otherwise occur on a day that is not a
Permitted Closing Date then the Closing Date shall automatically be
extended to the next day that is a Permitted Closing Date. In the event the
Closing does not OCC,lr by such date, as same may be extended herein. for any
reason other than a defa,llt by Seller or Purchaser, this Agreement will be
deemed terminated and the Deposit will be returned to Purchaser and the
parties will owe no fUliher duties or obligations to the othel'. The Closing
shall be held at the offices of the attorneys for the Seller, and shall commence
at 11 :00 o'clock A.M, If the Closing Date falls on a legal holiday, or non-
business day or non-banking day, then the CloSi11g Date sha]] be on the first
day following said legal holiday, 01' non-business day or non-banking day,
which itself is not a l1on-legal holiday, or non-business day or non-banking
day.
4
05rSeP ,3e, 2003 E 9: 16A~j5-3~D,P HJltOfi : fie, S,:,d ; lei' ca KANNER I'"~
. B5/a7/2ea$ 16.23 5B1832~~.6 GIBSON AND LOGGl
No,3954 P, 8: 04/04
FAG:.: ~~
3.8 Zcnimr iI.lld, PlaJ. AllDI'O:.:A!. PUl'chastr' 5 obligatIon to pU!'Ilhase the PropertY is
Illq)l'essly subject to li.l1d contlngent upon ?ul'chaSll1' llllV\l111 obtaIned from the City of Boynton
Beach. and l(l the extOllt reql.lired, the Count)' ofPb.lm 13"10\\, l\ Silll plal1 Elnd ,Plat for" minimum of
four (4) \11'1118 per acre. Ibrre$ic1elltlal use, and II con01.ll'fOllOY l'e~ervb.lloll cortificatl: for" millim\lrn
elf four (4) lInit/l per aorc. amI. planl1"d deslil18.lion and zoni.ng olassificatlons wbioh ,.,el'!l1ft the
cunstruC\joll gft~sJclentilll unil~ (fO\lf [4] unitll p"r !\ClTe). and, al1,'easonllbly ~Ialed appl'Ov,dJ within
365,days after Cxp;l'lliOll of thc tide insll.ranee apptoval date, set forth In parllS1'aph 3.4 of thIS
Contra>:t. P\ll'TlbFlBer "S1'~5 to U~ clue diligence Il!ld it., belrt efforts to receive such approvllls., md
Seller agrees to activ=ly support Purohaser's lIppli~don. inellldhJ.g the sltt plan, concurrency I\nd
?.otI\1'l1!: issues, and SoIJor t'urlher agrees to IOxec\lte sUClh documel1ts lUl Purchaser mllY be rcqull'lld to
present in order to effi!ct ihc 1l0Ceptllnce and BpProval of5uc.h lI!lplicati'l11s. MY docun,el,1 to PC
recorded ~,nd a1fcotinlllhe tItle (,II' recorded use re>>tTtetion8 Qh~11 only be recorded and effective Ifthe
appl1cetlon is flwol'llbly granteclau.d acoepted. by I'1.1rcha.,er !md the tl'lll'1~lIctlon cJo,~~, rf e;>,j<J ~itu
plan andpnorapptOval. C\l"CUl'rlIDIlY rese\"Vi\lIonsand t~lI1;l1g arc achlevl!d withIn tb,p~SQrlbed lime
period. Qr Purch~er electa to waive such a1'P1'oval~ and prooeed to closIng, Pu,'ohuer wl11 stmd II
wrlt1:Ql1 Notioe of Approval (''Notice of Ap!'r()vlIll") to Seller on ot bll[ort: the expIration of the 365-
clAy perine!, Such Notioe <If Approval mIlS! be exoouted by Donald.T. Toronltz.. SIl.111~I.R. fuller,
or Cordon p. Jonet. 1\5 an ..utl:lori~.ed officer of DRHI. P\ltcbaser. A.l1 oosts of PI~ Zoning,
IMd Plat ltpproval ~11tt11 be bel't1 by Purchaser. In thc cvllnt that tbo approvltls heroin desclibed !Iro
not nbtaincd and the Notice Qf Appl'l1val is Dot s~nt, this transaction shan bc terminated and the
Deposit will be returned to the Ptlrahascr, Copies oftllo tlPpliclltlol\ and all sltbmittals and notices
riOllated to tho approvell lbr land use and development under this pal'agrllph shall be I\1rnlshed. to
Seller.
4. O.tli4lollU.e:m~,.
4.1 Default bv Sell"-\', liBeller falls to clQse this transaction for any TeilSonotherthlll'l tItle
ot $UIVey dorects, forcemlljeuro, llots ofOod. or Pt'reh!l.!l'rP~defllJ.llt. Purch!lSl::r shall either (1) e.ouept
tilt! refund ol'deposit hy written demand to Escrow Agent, thereby Wlliving Il,lly .ctlon for 5jJt:clflo
p~rforl'l'llll'1c'" or (2) lwll'lg an aetlol, tor sp~cf.f1e perfal'l11MllCC Of this Con!:1'l;1ct. No AgUOn fordi,mllile~
shall b~ n1llintai1'llble.
4.2 r'afllull by Purchaser. If I'urohaser fails or nll'1U1CS to close this cont.ract when
required to do so. the deposit shllll be !llLid to S01Iera.~ 1i~uidl!ltl!ld dIlmASIB,;'1 which ""-lI1ll :::l.,11...AI"ttl
=tther waive IllY ri~lTt to brini l\\'llct;onl'br Bpeci lie porrl1m'~llee ofthe Contrac4 or Seller may sock.
an actk," for specific pmormance of the C\lntrllllt, No ~ctiol' :for damages shaJl be malnwn'\lle.
4.3 ~I!,ch P!lrty mllall be entltled to written notice of any defautundshall hav~ thl.rty(3lJ)
5
Sep ,30, 2003 9: 16AM
D, P H 0 I ten [n:, Sou t 1 F I J II d,
No.3954 P 9
days from receipt of such notice to cure such default prior to the exercise of any remedy provided
herein. Each party agrees to cooperate with the other in any and all attempts by Ihe other to cure any
default within the default cure period.
5. Condemnation,
5.1 Condemnation. If, prior to closing any condemnation action is instituted by any
government or entity with the powers of eminent domain, either pmSl\ant to a negotiated transaction
of by condemnation proceedings with reference to the Property, Purchase may, at Purchaser's option,
take the Propeliy "as IS" together with any condemnation proceeds payable by virtue of any
condemnation or similar action, other than those damages paid or payable for business damages to
Palm Beach Groves, or terminate this contract and receive a return of the deposit. Seller, upon
learning of or obtaining those for any such action, shall immediately notifY Purchaser and Purchaser
shall notify Seller in wl'iting of Pmchaser' s decision within fifteen (15) days within receipt of same.
Specifically excepted from this paragraph is an existing condemnation action in Case No. CL 00"2206
AA, tiled In The Circuit Court of the Fifteenth Judicial Circuit of Florida, in and for Palm Beach
County, and nothing in this paragraph shall be applicable to said case. Seller and Purchaser both are
aware of the existence of this action, the right-ot~way plans and the alteration of bOllndaries
occasioned by the expansion of the right-of-way, and sllch altered boundaries are hereby accepted by
Purchaser and the taking is fully acknowledged and accepted by Purchaser.
5,2 Risk of Loss. Risk ofloss shall be bom by Seller 1.1l1til closing, and Seller shall carry
sllch insurance as deemed prudent, Pl.lrchaser is buying the land at la!1d value and has no interest in
any improvements or inSllrance proceeds therefrom.
6. Escrow Anel1t
6,1 Dllties of Escrow ABent. The Trllst Department of Colonial Bank shall act as Escrow
Agent. 'me Escrow Agent receiving funds it authorized and agrees by acceptance of the funds to
promptly deposit and hold the same in an interest bearing investment account, and to disbl.lrSe the
same. sllbj ect to clearance thereof, in accordance with the terms of this paragraph. In the event of
doubt as to its duties, the Escrow Agent may in its sole discretion, (a) continue to hold the monies
which are the sl.lbject of this escrow until the parties mutually agree to the disbursement thereof, or
until a judgment of a court of competent jurisdiction shall determine the rights of the paliles to the
fllnds, and/or (b) deposit all the monies then held with the Clerk of the Court of Palm Beach County,
Florida, and upon notifYil1g all parties concerned of such action, any liability on the pali of the
Escrow Agent shall flllly temlinate, except to the extent of accounting for any monies delivered out
of escrow and deposited in the Cotu't. In the event of any lawsl.lit wherein the Escrow Agent is made
a paliy by virtue of acti11g as such Escrow Agent herellnder, or in the evel1t of any suit herein where
Escrow Agent interpleads the subject matter oft his escrow, the Escrow Agel1t shall be entitled to
recover reasonable attorneys' fees and costs incurred, said fees and costs to be charged and assessed
6
Sep ,30, i003 9: 17AM
D,P HOleu, In:, SOUtl FIJI Ida
No, 3954 P 10
as court costs against the non-prevailing party, and secured by the deposIted funds to the extent to the
fees and costs in the event of non-payment of the non-prevailing party. The parties to this Contract
agree that the Escrow Agent shall not be liable to any party or person whomsoever in the ordinary
cotlrse of its escrow duties, unless the action shall be due to a willful breach of this Contract or gross
negligence On the party of the Escrow Agent. The duties of the Escrow Agent are purely
administrative in nature. The Contract sets forth all the obligations of the Escrow Agent with respect
to any and all matters pertinent to the escrow contemplated hereunder, and no additional obligations
of the Escrow Agent shall be il11plied li'om the terms of this Contract, or any other contract or
agreement. The Escrow Agent shall not be bound by any modification, cancellation or rescission
of this Contract unless und untli it is provided with copy of same, fully execllted and not until it
agrees in writing to be bpund by said modification, cancellallon or rescission,
7. CommiSSIon. hlrchaser shall pay to P.M,A. Sales GrOllI' ("Sales Group"), n
commiSSion pursuant to Un agreement entered into between said parties provided, a copy of which
is to be provided Seller before acceptance of this Contract olTer, however, that such commission shall
be payable only in the event that the Closing occurs and the sale of the Property as contemplated in
this Contract is consummated. Other than the real estate commission set forth hereinabove, Seller
and Pmchaser each hereby warrant and represent to the other that no brokers'. agents', tindel'S' fees,
commissions, or other similar fees are due or arising in connection with the entering into of this
Contract, the sale and purchase of the Property, or the consummation of transactions contemplated
herein, and Seller and Purchaser each hereby agree to indemnify and hold the other harmless ii'om
and against all liability, loss, cost, damage, 01' expense (including, but not limited to, attorneys' fees
und costs of litigation) which the other party shall sutfer or incur bec!l\lse of any claim by ~l broker,
agent, or finder claiming, by, through, or under sucb indemnifying pat1y, whether or not sllch claim
is meritorious, for any compensation with respect to tbe entenng into of this Contract, the sale and
purchase of the Property. or the consummation of the transactions contemplated herein. Seller and
Purchase shall receive a complete release from the Sales GrollI' at closing upon delivery of the
commission.
8. Tax Free Exchange. Purchaser shall use its best efforts to assist Seller, upon request,
to qualify for any federal income tax tl-ee exchange under Section I 031. or other applicable provisions,
and any reasonable costs bome by Purchaser in the cooperation shall be reimbursed to Purchaser by
Seller.
9. Miscellaneous Provisions.
9.1 Term Date, The tel111 date of this Contract or date hereof or effective date of this
Contract sl1allmean the later of the following dates, when both pal1ies have executed the Contract:
A. Date of Seller's signature
7
Sep.3C, 2003 9: !;A~
CD ~o'tOI' in,:, S,)rh Florea
No.3 9 5 4 P, 11
B. Date of Purchaser's signature.
9.2 Notices. Any notice or communicatlOn required or permitted hereunder shall be
deemed to be delivered to the parties, above named, at the addresses above given, when deposited in
the United States Mail, postage fully prepaid and registered or certified. A copy of the 110tice to
Seller shall be simultalleOl\sly sent to Herbert C, Gibson, Esq" Gibson & Loggins, P. A" P. 0, Box
1629, West Palm Beach, Florida 33402-1629, alld additional copies shall be sent to DRHI. Inc.,
Attention: Gordon D. Jones, Regional President, 1901 Ascensio11 Boulevard, Suite 350, Arlington,
Texas 76006, and to Juan E, Rodriguez, Esq., Salomon, Kanner, Damian, & Rodriguez, P. A.,80
S,W. 8th Street, Suite 2550, Miami, Florida 33130.
9.3 Forms. In case of a displlte as to the form of any document required hereunder, thc
CUITent form prepared by the State Bar of Florida shall be conclusively deemed reasonable.
9.4 Attol'l1evs' Fees. If either party shall be required to employ an attomey to enforce or
defend the rights of such party hereunder, the prevailing party shall be entitled to recover reasonable
attorneys' fees and costs. The "prevailing pal1y" is the party who receives substantially the relief
sought, whether by jlldgment, summary judgment, dismissal, settlement or otl1erwise.
9.5. ImelJration, This Contract contains the complete agreement between the parties and
cannot be varied except by the written agreement of the parties. The parties agree that there are 110
oral agreements. understandings, representations, or warranties which Me not expressly set f011h
herein.
9.6 Survival. All portions of this Contract which relate to a period after Closing ~l11d
Seller's representations and warranties of title, will survive the Closing of this transaction.
9.7 Bindinl.! Effect. This Contract shall inure to the benefit of and bind the parties hereto
and their respective heirs, representatives, successors, and assigns. Purchaser shall have the right to
assign its rights hereunder, after making the full deposit required and subject to notice and the written
approval of Seller. Seller may require proof of the financial and development ability of any assignee.
9.8 Impairment of Pro Del' tv. From and aileI' the date of this COl1tract, sellel' shalll10t do
01' permit others to do any of the following on or to the Property without Purchaser's prior written
consent:
A. hunting;
B. IOggit1g;
C, grubbing or clearing;
D. grading;
E. removal of gravel. rock, sand, dirt, minerals or vegetation (except trees as
8
Sep ,30, 2003 9:18AM
D,i, Horton ne, SOJ'h cieri ca
h 0,3954 p 12
noted); or
F. waste of the Property.
9.9 Forum.
A. This Contract shall be governed and interpreted under the laws of the State of
Florida.
9.10 Contract Not Recordable.
A. This Contract shall not be recorded in the public records of Palm Beach
County, Florida. Except as required through the land use processes, the contents of the Contract shall
be confidential, and except for the parties and their agents who are required to deal with the issues
relative to administrution and closing, no disclosure shall be made concerning the terms and
conditions hereof. For good cause. this confidentiality provision may be waived in writing by either
party should one pmly be required to release the information in manner not contemplated in this
paragraph.
10. Contract as Offer. The execution oflhis Contract by the 11rst party to do so constitutes
an offer to purchase 01' sell the Property. [fthis Contract is not accepted by the second paJty within
ten (10) days from the date of executJon by the first party and a fully-executed Contract delivered to
the first party, then this Contract as offered shall automatically terminate and be withdrawn. In the
event of such automatic termination and withdrawal. any Initial Deposit shall be immediately returned
to Purchaser, and neither Purchaser nor Seller shall have any further obligations to each other.
1]. CORPORATE APPROV AL OF CONTRACT BY OFFICER OF PURCHASER.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE
CONTRARY, NEITHER THIS CONTRACT NOR ANY AMENDMENT
THERETO SHALL BE A VALID AND ENFORCEABLE OBLIGATION OF
PURCHASER UNLESS THE CONTRACT OR AMENDMENT IS EXECUTED
BY EITHER ONE OF DONALD J, TOMNITZ, SAMUEL R. FULLER, OR
GORDON D. JONES, EACH AN OFFICER OF THE PURCHASER, WITHIN
TEN (10) DAYS OF THE EXECUTION OF THIS CONTRACT OR
AMENDMENT BY SELLER'S AND PURCHASER'S REPRESENT A TIVES.
ONCE EXECUTED BY ANYONE OF THEM, IT SHALL BE A VALID AND
ENFORCEABLE OBLIGATION.
12. Where Notice or Contract signing is required by Donald J. Ton1l1itz, Samuel R, Fuller
01' Gordon D. Jones, no affirmative duty is placed upon Seller to verify the signature of such
individual and Seller may rely upon the signature delivered by the Attorney-at-Law for Purchaser
9
S e P , 3 0, : 0 0 31\ 9: 1 8 A M [,,-IX D, D H t [ 't h Fl. d R S
or,cn n:, l)C orl'DLnaINS
~~/l!Il::l{ LLltI" r):I. "0 5010. ~
e5,'~!I, 6, 1003, 4:0S?M,1-4:J,R, Horte,l 1\:' SQui~ F!ol:ciaM i-:l..l,lI~
No,3954AoEP, 13""'
No.3330 P,;1 "n.
wilhol,L( v~rlfleatiO:1 ol'inquiry IlI'ld such giillllt"r~ shall b~ fully bil1dih~ IlId mc obllllatiolls indicated
sh~i I he fully enf~roellbl,.
11. Facsimile siin~tures oft.'le partioH shill! be bindilli UP<II) the pAl'lies in the ~!llIlC
manner II' oril:lJ:l~l.$iltlllltutd, The Contract oliilr.lhall he fbrwarded hy flCllimil. lD Solie,. (:/u
Hi::rbert C, Gib8QTI, F.:~q, >61.~32-6236. l:Iy filcslmile t(an.lmjs~JUI\ It sr.aU be followed b)' an
ori~in~l signed offtr i~ tn)'llieate. F!ll:,lmilc accep1aI1ce sh.lll,~ forwaltled to ,T\lan Rodl.j~UC~, t;.sq..
III 30~.Z74.t 71? ... confbltll!.nl: Qt!g.i"el will be IUlIller.l \'ll'~lrch~a.l', ~o Iu.n It,,llrlgue~ !!sq,
~ W1TN1:SS wlltm,cor, tho patti.....' h."'lo ha...e ",,,,o.lll.d ,his Olntreoi ill ",,,ii'p\. ""pies,
l.':I~h of whioh ~hall be dmBmerl ro be all Qrigilllll, 011 tho d~tl:S set rOlih below
SELL.ERs',
...)
. '.'
...o;~ ?~~"'~:;;~e-e'" ~
X ' -
(hinl name oj' w;to.u)
-!--
SCL.L.E.RS' AODRI:$S:
15 South Luke 1"r.iJ
1".1>" O...:b. FL 334XO
l')Q\.g ,,'If .ExoCUdDl'l
PU\l.C::HA,SE.R:
DRHI,lllo_IlDels.ware curpotS.tlerl
~~./I. ._
_ .K~S/..')''1--.
(Pri[\tnl\l~'oIi~ _
HfVI~~e (
(I'rlu(lUilll< of wiU, )
BY:~~'- -:- '
Paul ROI1i:lntlwski, V.i~o T'rc~ldeT\1
_"'~ Z,~J
D~l~ oiExeC\.\!io'1
PURCHASER'S ADDRESS;
11 n f....I Nowport Ccnl", Otl...a
Suhr. 1 SO
10
Sep ,30, =003 9: 18AM
D,P, Horton In:, SOlt1 FI or Ida
No.39~4 P 14
without veritication or inquiry and such signatme shall be fully binding and the obligations indicated
shall be flllly enforceable.
13, Facsimile signatures of the parties shall be binding upon the parties in the same
manner as original signatures. The Contract offer shall be forwarded by facsimile to Seller. c/o
Herbert C. Gibson, Esq" 561-832-6236. by facsimile transmission, It shall be followed by an
original signed offer in triplicl\te. Facsimile acceptance shull be forwarded to Juan Rodriguez, Esg..
aI305-274,1719. A conformmg O1'lginal will be mailed to Purchaser. c/o Juan Rodriguez, Esg.
IN WITNESS WHEREOF, the parties hereto have el\ecllted this Contract in multiple copies,
each of which shall be deemed to be an original, on the dates set f011h below.
Signed, sealed and delivered
in the presence of:
SELLERS:
(Prinlname of witness)
Inger K, An erson
~
Y~iL.1 1'1: .(.0 ~
Date of Execution
SELLERS' ADDRESS:
15 South Lake Trail
Palm Beach FL 33480
PURCHASER:
DRI-lI, Inc., a Delaware corporation
/---y /J
~~~ -
JZ;i;;- ( . /.7f'(?t50",",---
(Prim nume of witness)
r"'!-4. ~ -L
~?~ I:k-~--I-
(Print name of . !less)
By:3?
Paul Romanowski. Vice President
f'n.~1 Z, Z<>:>"l
Date ot Exec lltion
PURCHASER'S ADDRESS:
1192 East Newport Center Drive
Suite 150
10
~ep ,30, 2003 9:18AM
,r ./
--' - I., _ 0'"
Date of Execution
r,dlllft\I'~lill'lI15\t:lIl\\\\"1\'~~\c1'ln\rK~\;\
O,P Huton [nc, SOUt1 FIOIId"
No.3954 P 15
Deerlleld Beach, Flol'lda 33442
Attn: Paul Romanowski
Telephone: (954) 428-4854
Facsimile: (954) 428.8330
CORPORATE APPROVAL:
Escrow Agent:
COLONIAL BANK
I--
By'_
T
Trust Officer
," "J
U-J /)~"'1-.
ESCROW AGENT'S ADDRESS:
COLONIAL BANK
125 Worth Avenue
Palm Beach FL 33480
Attn: Thomas C, Ferguson
Vice President/Tmst Ollicer
Telephone: (561) 653-5590
fac$imik: (56!) 653.5596
II
~ep,30. ;003" ~:I~AM561ED,R, Horton In:, South Flo'lcaAND LOGGINS
No.3954 p, 1614
EXHIBIT "^"
LEGAL DESCRIPTION
The Eil5t G43, 18 teet. U~ menSUI'ed llt right angles to the El!.5t line
thereof. of Tracts 9 and 16. Northeast One-Quarter (Nt: 1/4) of
Section 12 as shown 011 the AMENDED PLAT OF SECTION 12.
TOWNSHIP 54 SOUTH, RANGE 42 EAST, MARY A. LYMAN.
ET AL. ilS recorded in PIll! Book 9, at puge 74 in and for the Public
Rr;;cords of Palm Beltch County. floridn.
Containing in nlll8.32 Acre~ or 797.854 Sq. Pt, more or less,
~ep,3[, 200311 9:19A~561EC,P, ~ortJr no:, SOJth FI,:or caAi'-D LOGGINS
No.3954 FP,I)15
EXHIBIT "B"
EXCEPTIONS
I. Rillhts of Way off.D.kc Worth Draino.ge District as set forth in Deed Book 480, page: 119 and
Deed Book 600. page 387, affecting Tract 9 "f legnl description.
2. Terms ofRemovul Agreement for Future Ri!lhL-of-Way as set forth;1l Oftlcilll Recol'd Book
2705. plIge 337.
3. Declnr:ttion 01' Resnictions from H. Loy Andel'SOll. .II'. nnd .I05e"h A, Palermo to the
County o~'Pall11l3eo.ch. Florida. as set forth in Official Record Book 3413. pUlle 537.
4. Aj!I'ecmcnt fOl' Water Service ()utsid~ the City Limits between H, Loy Anderson. Jr, and
Joseph A. Palermo und the City of Boynton Beltch as recorded in OJ'!iCilll Record Book
4096, page 1 795.
5. Utility Easement between Joe Palermo and H. loy Andei50n, Jr. and the City of Boynton
Bench lIS set Jorth in Official Record Book 4282, page 858.
6. Easement De~d from Joseph A. Palermo nnd H. toy Anderson. Jr. and thc City of Boynton
Beach 0$ Ret forth in Official Record Book 4282. page 860.
7, Ordinance No. R2-49 by City of Boynton BelIch 0.5 rr:corded in Official Record Boo]( 4375,
pago 1200.
R. Ordinance No, 86-7 by City ()fBoynton beach. Flbrlciuocorded in Official Recmd Book
4937. paie 1224.
9. Agreement for Water Service Outside the City Limits between Joseph A. Palermo 1L1ld H.
Loy Anderson_lL'. as recorded in Official Record Book 5445. pilee 1765.
10. Re,ohltion No. R94-186 by the CityofBoY11l0n Beach. Floridn. recorded in OfllcialRccord
Book 8566. page 74.
1 I. Stipulated Order onaking between Pall'll Beach County alld H. Lay Anderson. Jr.. Inger
K. Anderson and Palm Be~h Citrus Groves. (nc. as recorded in Official Record Book
[l984. page 1021.
ALL THE ABOVE R.f:::CORDlNOS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH
COUNTY. FLORIDA,
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LAKE MANAGEMENT PLAN
FEB I 8 200fl
1.0 Introduction
The following plan has been provided by the Owner/Developer of the Anderson PUD
project.
The Lake Management Plan shall be used to govern all activities or concerns related to
the lake noted in the Site Plan for the Anderson PUD, located in the City of Boynton
Beach, Florida. The plan conforms to the City of Boynton Beach Land Development
Regulations regarding the protection and incorporation of native plant ecosystems into
the development's lake tract. The Lake Area and its management shall be the
responsibility of the master property owners in perpetuity,
2.0 Site Description
The lake tract referenced in this Lake Management Plan are located within the Anderson
PUD Project. The Lake Tract, running east-west, is centrally located within the site
boundaries,
The Lake Littoral and Transitional Zones will be located within the lake tract. The
applicant proposes to plant aquatic and upland species on the littoral shelves and within
lake maintenance easement of this lake per Section 5.R of the City of Boynton Beach
Landscape Code.
3.0 Littoral Zone Construction
3.1 Delineation and Surveying Specifications
The Lake Area shall be staked and field surveyed based on the approved Final Site Plan
so as to maintain compliance with required Area calculations.
Creation of littoral shelves shall be completed around the constructed borrow lake and
shall provide, at a minimum, an area equal to 10 square feet per linear foot of lake
perimeter. These littoral and transition zones shall be developed to create a variety of
niches and ecotones and shall be vegetated with suitable native plant species. Littoral
zone planting elevations are referenced to control water elevation of 8.5 NGVD and
includes area down to 2.5 feet below control elevation. Upland transitional plantings
extend upland from 8.5 NGVD to between 11.5 to 13.5 NGVD.
The littoral zone shall be provided with a minimum of six (6) inches of organic topsoil to
promote vegetative growth if soil conditions are determined to be unsuitable for littoral
plant establishment. The littoral zone shall be planted with appropriate native wetland
vegetation, spaced as shown on the plant list.
~Cotleur Hearing
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3.2 Plant Material
Plant size and quantities are provided on the plant list. All plant material shall conform
to ANSI Z60.1 "Standard for Nursery Stock" for shape and quality and "Grades and
Standards for Nursery Plant" Volume I and II FDA All plants to be Florida Grade #1 or
better. Bareroot material shall have well-developed root and shall be planted with good
soil to root contact. Plantings of bareroot or containerized nursery stock shall be planted
by hand at a time when lake water elevation has stabilized and can sustain plant growth.
All material not planted immediately upon delivery must be stored in water (wet framed,
near shore, etc.) to prevent desiccation or damage to plants. Any and all conditions
which the contractor feels will be detrimental to the success of the pianting shall be
brought to the Owner's representative's attention, All aquatic material is to be
freshwater grown. All plant material above six (6) inches and above the lake control
elevation shall be irrigated with a temporary system through the warranty period,
All plant material shall be warranted for a period of 360 days after date of substantial
completion against defects, including death and unsatisfactory growth, except for defects
resulting from abuse or damage by others or unusual phenomena or incidents which are
beyond the contractor's control. Warranty period for deciduous tress to be one full
growing season.
A minimum of eighty-percent (80%) survivorship and a minimum of eighty-percent (80%)
coverage of the planted herbaceous marsh zone shall be achieved by the end of the
establishment period, A minimum of 50% coverage shall be achieved in the upland
transitional zones by the end of the establishment period. 180 days after the issuance of
"substantial completion" the landscape architect and contractor will evaluate the littoral
and upland transitional zones to determine if they are trending toward success, All plant
materials that have died will be promptly replaced by the contractor. If in the opinion of
the landscape architect the required coverage's will not be obtained by the end of the
establishment period the contractor shall provide supplemental plantings. If the required
coverage's are not achieved at the end of the one year establishment period the
contractor will continued to provide maintenance until such time that the minimum 80%
and 50% coverage's of the Lake Littoral and Transitional Zones are obtained
3.3 Fetilizatioll
Trees and shrubs planted within the upland transitional zones shall be fertilized with
"Agriform" 20-10-5 twenty-one (21) gram tablets at the below specified rate:
. B&B stock to have seven (7) tablets
. Seven gallon (#7) container stock to have five (5) tablets
. Five gallon (#5) container stock to have two (2) tabiets
. One and three gallon (#1 and #3) container slock to have one (1)
tablet
~Cotlel1r Hearin~
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Position piant in the hole. Backfill halfway up the rootball, and place tablet beside the
rootball.
3.4 Prohibited Activities in Littoral and Upland Transitional Zones
No construction or alteration shall be permitted within the Lake Area as reflected on the
Final Site Plan, except as necessary in connection with the proposed Lake Area
restoration/enhancement as outlined beiow.
Prohibited activities within the Lake Areas include:
. Construction or storage of building materials, soil, debris, trash or hazardous
materials.
. Mowing or the placement of sod,
. Removal of native trees, shrubs or other valuable vegetation.
. Excavation, dredging, soil removal or activities which create erosion.
. Parking or operation of vehicles
. Any activity that would be detrimental to drainage, erosion control, habitat or
wildlife preservation or conservation.
4.0 Maintenance and Management
4.1 Exotic and Nuisance
Activities that are allowed in Lake Littoral and Transitional Areas shall include removal
and eradication of exotic and nuisance species, trash and debris. To minimize potential
disturbance to surrounding vegetation, eradication of exotic and nuisance species shall
be accompiished by herbicide treatment with the herbicides such as Arsenal, Garion 3A,
Tordon and/or Roundup, or other approved herbicides and only by licensed herbicide
applicators, depending on the species.
All activities within in Lake Littoral and Transitional Areas shall take proper care to avoid
damage or disturbance of existing habitat. All exotic and nuisance vegetation as defined
by the Florida EPPC, May 2003 list shall be eradicated from within the Lake Littoral and
Transitional Areas and from on site.
4.2 Short Term Maintenance
A monthly maintenance program shall be implemented to control invasive exotic and
nuisance plant species and maintain Lake Littoral and Transitional Zones as functioning
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habitats. During routine maintenance events, all trees, shrubs and other plants shall be
maintained by pruning, cultivating and fertilizing as required for healthy growth,
All noxious plant species (Category I and II Exotic and Nuisance vegetation) shall be
manually removed if possible. However, due to the invasiveness and control difficulty of
species such as Torpedo Grass, herbicide control may be utilized depending on type
and severity of problem. Herbicide treatment, if necessary, shall consist of controlled
selective treatment of exotic or nuisance growth. Herbicides utilized shall be EPA
registered products approved for use in the State of Florida that have been shown to
present a wide margin of safety for fish, waterfowl and human life, Any herbicide
treatment shall be conducted by personnel certified and licensed for such application in
the State 0 Florida and in strict accordance with manufacturer recommendations. The
maintenance programs will be conducted in an environmentally sensitive manner by
hand or chemically,
A list of the most commonly encountered exotics and nuisance plant species to be
eradicated during maintenance procedures is provided below. Throughout the
establishment period the contractor shall maintain Category I and II Exotic and Nuisance
vegetation within the wetland miligation area at coverage's equal to or less than 1 % with
particular emphasis on the species below which shall be completely removed or
eradicated from the entire Lake Littoral and Transitional Zones:
Commonly Encountered Exotic and Nuisance Plant Species List
Allernanlhera philaxeroides
Colacasia esculenta
Eichhorn/a spp
Hydrilfa vertieillala
Ludwigia peruviana
Mela/euea quinquenervia
Paneium hemitaman
Panicum repens
Pennisetum purpurea
Phragmites austra/is
Pislia laeluea
Sa/Ix spp
Typha spp
Alligator weed
Elephant, wild taro
Water hyacinth
Hydrilla
Primrose willow
Melaleuca
Maidencane
Torpedograss
Elephant grass
Common reed
Water lettuce
Willow
Cattails
Any popuiation of Panicum hemilamon (maindencane) that becomes established
in any area shall be maintained to less than 10% coverage of the total planted
area.
. All maintenance debris shall be collected and disposed of properly.
. At the end of the one-year establishment period, any tree staking or guying shall
be removed. The landscape architect shall inspect the littoral zones for
compliance one (1) year after planting.
~ Cotleur Hearing
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4.3 Long Term Maintenance
Lake littoral planting shall be maintained in accordance with the City of Boynton Beach
Land Development Code and the Lake Littoral and Transitional Zone planting plans, At
a minimum eighty-percent (80%) vegetative coverage and the survivorship of littoral
zone planting area shall be maintained, Exotic. invasive. and non-native invasive shall
be kept free of the littoral planting area, Such species shall be maintained at <10%
coverage at all times.
The City of Boynton Beach approval shall be obtained prior to any reconfiguration of the
approved Lake Littoral and Transitional Zones, Written approval shall be obtained from
the City of Boynton Beach prior to modification of the planted littoral or upland zones.
4.4 Monitoring Program
Upon completion of initial littoral zone development, routine maintenance and monitoring
will be initiated according to the following specifications.
The littoral and upland transitional zones shall be inspected and monitored for one (1)
year after planting. During this one-year maintenance and monitoring period,
maintenance shall occur monthly and monitoring shall occur 90,180 and 360 days after
planting, The maintenance and monitoring program shall consist of the following:
. Inspections, monitoring, exotic removal and replanting during each
monitoring period to maintain the minimum eighty-percent (80%)
survivorship criteria for the planted littoral zone.
. Inspections and monitoring of all equipment storage, maintenance
and service areas shall be required to ensure the site has not been
contaminated by regulated substances, Construction areas shall be
maintained in accordance with the "Regulated Substance Best
Management Practices For The Construction Industry,"
. The submittal of a monitoring report to the landscape architect and
owner representing a time zero monitoring, to be completed within
thirty (30) days of initial planting; ninety (90) day, one hundred eighty
(180) day, and three hundred sixty (360) day monitoring reports, each
report shall be submitted to the landscape architect and owner within
thirty (30\ days of tile completion of the monitoring period. The time
zero monitoring report for this project shall include an asbuilt drawing
signed and sealed by a professional recognized and approved by the
Florida Department of Professional Regulations
. Each monitoring report, including the time zero, shall assess the
species, numbers, locations of planted littoral zone shelves, and
related upiand transitional areas, and shall include multiple panoramic
photographs of each lake clearly depicting the entire littoral zone
planting, Photographs shall be taken at approximately the same
location each time, The reports shall also detail the species, numbers
~Cotleur Hearin!!
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and locations of additional plantings that were made to attain the
eighty-percent (80%) survivorship and coverage criterion, if such
plantings were necessary. The reports shall also depict the condition
and location of storage and service areas if applicable.
After the first year, the landowner or entity having maintenance responsibility for the
planted littoral zone shall maintain the littoral zone in the following manner:
. A minimum of eighty-percent (80%) survivorship and a minimum of
eighty-percent (80%) coverage of the planted littoral zone,
. Exotic, non-native invasive, and invasive plant species as defined by
the Florida EPPC (1993), such as cattails, primrose willows and water
hyacinths, shall be restricted to less than ten-percent (10%) of the
required planted littoral zone,
4.5 Inspections
For1y eight (48) hours prior to the compietion of the lake excavation, the landscape
architect will be contacted to inspect the slope angle of the littoral zone, Lake
excavation slopes shall be revegetated within thirty (30) days of completion, The
landscape architect shall be contacted forty-eight (48) hours after planting to inspect the
littoral and transitional zones. Time Zero Monitoring Report shall be submitted with an
"As Built'" drawing of Lake Littoral and Transitional Plantings with in thirty (30) days of
completion of plantings, Monitoring reports shall be submitted to the landscape architect
and the owner as required within these technical specifications.
5.0 Responsibility and Enforcement
5.1 Enforcement
The Lake Management Plan will not be changed without the approval of the City of
Boynton Beach, and the City shall have the right to enforce the provisions of the Lake
Management Plan through any available administrative or civil proceeding which may
result in penalties. appropriate vegetation and other remedies as against any person,
corporation or other entity in violation of any of the provisions of the Lake Management
Plan,
5.2 Responsibilities
The Affidavit of Responsibility identifies the responsible party for maintenance and
protection of the Lake shall be DR Horton Homes. The Owner/Developer of the
Anderson PUD site recognizes the natural scenic and habitat value of the native upland
habitat on site, The Developer has agreed to eradicate and manage the encroachment
of exotic vegetation and manage the Lake Littoral and Transitional Zones in accordance
with guidelines set forth by the City of Boynton Beach. These management practices
are intended to improve the potential utilization of these areas by various types of
wildlife.
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The Owner/Developer of the Anderson PUD Site shall have the responsibility of
maintaining the Lake area free of litter, debris and yard clippings. Lake Management
shall be the responsibility of the Anderson PUD P.O.A. from the point that the project
has been completed. The Anderson PUD P.O.A. shall be responsible for the continued
eradication of exotics There must be a mechanism for policing the Lake to keep tile
area free of bottles, paper trash, plastics, and associated discards All foreign material
must be disposed in a proper waste disposai facility
Initial implementation and future management of the lake area within the property will be
the responsibility of the developer or its successors and/or assigns.
CH F'roject#04.0?04
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