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APPLICATION PROJECT NAME: High ktdge New Urban Communities LOCATION: High Ridge Road and Miner Rd. PCN: I FILE NO.: NWSP 05-016 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: George Kechriotis & Kosta Tim Hernandez - New Urban Communities Kechriotis ADDRESS: 398 NE 6th Avenue ADDRESS: 398 NE 6th Avenue Delray Beach, FL 33483 Delray Beach, FL 33483 FAX: 561-272-3951 FAX: - PHONE: 561-279-8706 PHONE: SUBMITTAL / RESUBMITTAL 4/6/05 1 ST REVIEW COMMENTS DUE: 4/26/05 PUBLIC NOTICE: Applicant Only: 6/18/05 2nd REVIEW MEETING: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): PLANNING & DEVELOPMENT BOARD 6/28/05 MEETING: COMMUNITY REDEVELOPMENT AGENCY BOARD CITY COMMISSION MEETING: 7/19/05 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communities\NWSP 05-016\2005 PROJECT TRACKING INFO.doc !~rj 'I ~J I !1-\~ I' , , ~J APR - 6 2005 '~ ,., t, II :1 City Codes Accessed Via Website www.bovnton-beach.org www.amlegal.comlbovnton beach fl CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN , i I t_~~ ._".___ ,.- ,. Has applicant attended a pre-application meeting? 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 legibly (in ink) or type all information. 1. GENERAL INFORMATION Project Name: J\ G- \-\ fZ. L \:J G-e.. Property Owner's (or Trustee's) Name:}Jf....UJ \..)(t ~A+J ~ b l.t ~i)&t. LL c.. , }d.J ~ Ge..o rz (Je, k. ~ c.~ ((..t o1i 5> Au ~ K ()~ \l1c \( e.Llt R.~ 011 ~ Addeo550 Q"'6 10 E. rn '1-4 i\- UQ.I\..\) '€- \) €.L..lZ~ t)€..Atbl33 '-\.'63 /' . (Zi Code) Phone: 5' ~ \. 2- '1-'\ - C -:t-o l,o Fax: 6 G l- 2 -=t 2. - 3~ S l I. 2. 3. Applicant's name (person or business entity in whose name this application is made): _NQ.w \) R ~~~ t\\ b.lt ~~&e. L. L. c.. . Address:~C\-'b ~ F_ 0~ Au~^-ue.~~L1lA-) 6€PL1A ~~L(.83 (Zipcod;) Phone: s:b1- 2?A.. g1-c ~ Fax:6~\_ Z ".\'2.... ~C\ S I 4. If contract purchaser, please attach contract for sale and purchase. Agent's Name (person, if any, representing applicant): ~\. 'r\ ~ \'l.. ~ Af\J ~ E. 7 Address:~~ ~ t-.J e 0 ~ A-ue. Ul...e_ ~Ufl.A~ 6e..ALtl. 3~ L\. '8~ (Zip Code) Phone: 50\ - 2?f\ - <6 ~ Fax: 6~ l - '2. ~1.. -3&!\ "S" J 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 i Ii nt's interest in the premises affected? ~bUyer, lessee, builder, developer, ontract purchaser etc.) 7. Street address of location of site: ~.UJ.Co\t~Uf)t:~E>~R1~~~1 ~~ WkJU !<.h. 8. Property Control #(PCN) g E:..e.. A...\"'TVOrL~ 9. Legal description of site: ~ ~ Pc-:- 'T'\'A C _1~ 10. IntendedUSe(S)Ofsite:{€.~\ll€JJTl AL .~OU)k) \lone.s A1J~ ~\ruG. Lf. ~ 1\.\ L \.{ ~ ftE,~ 11. ArchijectSCclTI:\)i~€-U~' ~~. k\)~t~~PooloS. Aedj.. Landscape Architect: l fLi. C\J G- Q C\ f.,L[)~) Site Planner: (/)'1' Le.u (Z I l -t-f..A {2l. W G-l \c.eu ~ k.J f, U) ~) Engineer: TL~ ll€.-R, U. G-6-~ A.~Oc.. C2-~~ Ao.uA w::.T) surveyor:Cf\L\Jt tJ J b-lOrL~~~C ~ ~<J)c .Ct~r<J~k Ze n ~) Traffic Engineer: ~ \j 0 V\ Vl e. Ve L Has a site plan been previously approved by the City Commission for this property? ~O 12. 13. 14. 15. 16. 17. 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~~ 2. Zoning District: f u D 00{ V\ .\-n n ~ ~ 3. Area of Site \ K . 4\j- acres g~~ I ~"fG. ~ sq. ft. 4. Land Use -- Acreage Breakdown: a. Residential, including t;.OJ acres 32 . cG L% of site surrounding lot area of grounds b. Recreation Areas * D.2.0 acres t. oL% of site (excluding water area) c. Water Area 1..,-\~ acres \3.26 % of site d. ~tA Industrial W A acres Public/Institutional ~ acres Commercial % of site acres % of site e. f. % of site g. h. Public, Private and Canal rights-of-way % of site acres L~es 4. '2. AC- 6'.51 acres Other (specify Other (specifyt>Q~tJ SQ ALe.. site % of site i. %of j. Total area of site \ '8 . \...\\.{ acres % of site *including open space suitablefor outdoor recreation, and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover Ground floor building '1 . cg "2- area ("building footprint") courts. site \.5.2-Q % of site a. acres b. 1-.4S t3 . 2G % of site Water area acres c. 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 4 .20 acres '7-,-.. ~+ % of d. \() . ~ l acres e. 5 5 . \..lD % of site Landscaped area ~. 5~ acres \.5-l. oL% of site inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). Total impervious area f. Other landscaped areas, % of site acres g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas '3 . \. '\ acres l'=\ .3n % of site Total pervious areas 't . -z.. '2.. acres 4"-t. be % of site h. i. Total area of site % of site acres 6. Floor Area a. Residential 42l, '2 CO sq. ft. l{~ ~ .~. X. 3000 b. Commercial/Office b sq. ft. \1GT.H.K.'Z200 c. IndustrialIWarehouse C sq. ft. d. Recreational 1-'1.c' sq. ft. 0A6ANA e. Public/Institutional 0 sq. ft. f. Other (specify) sq. ft. g. h. Other '(specify) Total floor area --.f:l2.1 'l9 b . sq. ft. sq. ft. 7. Number of Residential Dwellino Units Single-family detached \L\4, COO sq. ft. 4.& ~. \= . a. b. sq. ft. Duplex c. (1 ) (2) (3) (4) Multi-Family (3 + attached dwelling units) Efficiency 1 Bedroom 2 Bedroom 3+ Bedroom \ 2.. b dwelling units dwelling units dwelling units dwelling units d. Total multi-family \2 ~ dwelling units e. Total number of dwelling units ~ 8. Gross Density ~dwelling units per acre 9. 10. Maximum height of structures on site 35 feet ~ stories Required off-street parkino a. Calculation of required # of Off-street parking spaces off-street parking spaces. provided on site plan ~ f. q~ = l4Y . ~. 2 tS 2- = 1.. '-t b Of.l- ~-r t.. U-r 0 = L~ 1 b. Calculation of required # of handicap parking spaces 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. CONCURRENCY REQUIREMENTS NOTICE TO APPLICANTS FOR APPROVAL OF LAND DEVELOPMENT ORDERS OR PERMITS Please be advised that all applications for the following land development orders and permits which are submitted on or after June 1, 1990 will be subject to the City's Concurrency Management Ordinance, and cannot be approved unless public facilities (potable water, sanitary sewer, drainage, solid waste, recreation, park, and road facilities) would be available to serve the project, consistent with the levels of service which are adopted in the City's Comprehensive Plan: Building permit applications for the construction of improvements, which, in and by themselves, would create demand for public facilities. Applications for site plan approval. Applications for conditional use approval. Applications for subdivision master plan approval. Applications for preliminary plat approval. Applications for final plat approval. Applications for rezoning to planned zoning districts. Applications for revisions to any of the applications listed above, which would increase the demand for any public facility. Any other application, which, in and by itself, would establish the density or intensity of use of land, or a maximum density or intensity of use of land. Applications for development orders and permits submitted after February 1, 1990 and which generate more than 500 net vehicle trips per day, must comply with the Palm Beach County Traffic Performance Standards Ordinance, unless exempt from that ordinance. Please be advised, however, that the following applications will be exempt from the Concurrency Management Ordinance, pending final approval of this ordinance by the City Commission: Applications for the development of property which was platted on or after January 13, 1978 and either the final plat or the preliminary plat and Palm Beach County Health Department permit applications were submitted or approved prior to June 1, 1990, and the use of the property is consistent with the general use which was intended for the property at the time of platting. Applications for the development of property, which was platted prior to January 13, 1978, the area of the platted lots does not exceed 2 acres, and the proposed use would not generate more than 500 net vehicle trips per day. Applications for building permit, if a site plan or conditional use application was submitted prior to June 1, 1990 and subsequently approved and the site plan or conditional use has not expired. Applications for the development of property within an approved Development of Regional Impact, and which are consistent with the approved DRI. Applications for approval of final plats, if the preliminary plat and application for Palm Beach county Health Department permits for utilities have been submitted prior to June 1, 1990. Applications for revisions to previously approved development orders or permits, which do not increase the demand for any public facility. Please be advised that these exemption rules are tentative and will be subject to final approval by the City Commission. If you have any questions concerning the proposed Boynton Beach Concurrency Management Ordinance, please contact the Boynton Beach Planning &zoning Division at (561) 742-6260. CHAPTER 4 SITE PLAN REVIEW Section 7. Submission Requirements. Each applicant shall submit to the Planning and Zoning Division the following plans and exhibits in the number of copies specified by the Planning and Zoning Division, together with a Site Plan Review application and a fee adopted by resolution by the City Commission. 12 ASSEMBLED COPIES REQUIRED A. Existina site characteristics map: A sealed survey, not older than six months, showing all adjacent streets, alleys and driveways, and also illustrating: 1. Existing natural features, including but not limited to lakes, trees and other vegetation and soils and topography. 2. Existing buildings, building elevations, other structures, including use, height, dimensions and setbacks. 3. Existing utility lines and all easements. 4. Existing elevations (corner, street and finished floor) B. Site development plan: 1. A scaled drawing clearly illustrating proposed buildings and other structures, and any existing buildings and structures, which are to be retained, including use, height, dimensions and setbacks. 2. Proposed off-street parking spaces, driveways and sidewalks, including location, dimensions and setbacks, traffic control markings and signage. 3. Proposed fences and walls, including location, dimensions, setbacks, height and material. 4. Proposed location of lighting on site. 5. Proposed dumpster location. C. Landscape plan: 1. A separate scaled drawing (at the same scale as the site development plan) prepared as required by state law clearly illustrating proposed trees, shrubs, grass and 2. Proposed berms, watercourses and other topographic features. 3. A notation on method of irrigation. Architectural plan: 1. A scaled drawing clearly illustrating proposed building floor plan and elevations, including height, exterior dimensions, exterior color and materials. 2. A colored elevation drawing (not mounted) showing all elevations of the building. (This submittal can be waived by the Planning and Zoning Director when not applicable.) E. Tabular Summary Containina: 1. Total gross project area by acreage and square footage and net buildable land area in acres and square feet. 2. Total number of proposed residential units, including characteristics by number of bedrooms and bathrooms and gross square footage of each typical unit. 3. Proposed nonresidential floor type of use and total gross square footage. 4. Square footage and percentage distribution of the total project site, including areas proposed for landscaped open space, vehicular use areas, other paved areas, and building coverage and total coverage. 5. Number and ratio of required and provided off-street parking spaces and number of loading spaces. 6. Water bodies in acres and square feet. 7. Height of buildings. F. Drainaae plan: 1. A separate scaled drawing (at the same scale as the site development plan) showing elevations, flow arrows, proposed drainage structures, proposed treatment facilities, etc. 2. An engineer's certification in writing that drainage will conform with all rules, regulations, codes, etc. including, but not limited to, Chapter 6, Article IV, Section 5 of these Land Development Regulations. Revised 10/26/01 III. CERTIFICATION (I) (We) understand that this application and all papers and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division (I) CNe) hereby certify that the above state ts nd any statements or showings in any papers or plans submitted herewith are tr to th best of (my) (our) k age and belief. This application will not be accepted unless . ne according Instructions below. ~~ ~/1{~ Date I Sign ure of Owner( stee, of Authorized Principal if property is owned by a corporation or oth siness entity. Sig trt.(jQ~ {Date! IV. Signature of Authorized Agent Date (I) (We) here y de .gnate the above-signed person as (my) (our) authorized agent in regard to this applicatio ~~V\ D e Signa ure of Owner( _or Authorized Princi . roperty is owned _by a corporation or other business entity. -J.~(/ t, ><;- Dat A REPRESENTATIVE 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. 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 shall be 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 its 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 application 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 any 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 enforcement of th am. READ. ACKNOWLEDGED AND AGREED TO this k Witness Appli ant ,200"\." Witness HIGH RIDGE PROPERTY peN 00-43-45-08-00-000-5011 00-43-45-08-00-007 -0010 00-43-45-08-01-000-0361 00-43-45-08-01-000-0330 00-43-45-08-01-000-0362 IDJ( I~ PA6E 11~ Legal DesmptiOD Exhibit "A" Parcell: The South o~f(S Y1) of Govemmcnt Lot 7, in Section 8, Township 4S South, Range 43 .East, being 12 more or less. lying and being in Palm Beach County, Florida. ~ s: South 60.00 feet of Govemme:ot Lot 7, Section 8, Township 4S Sou~ ~ 43 East. Palm Beach County, Florida, less the East 25.00 feet thereof. \~ articularly described as foDows: '\~ ieencing at the Southeast comer of Section 8, Township 45 South, .' 43 ~ Palm Beach County, Florida; thence South gSO 30' 45" West, aJon~~uth line ofsaid Section 8, a distance of 25.05 feet to a point on a lirlC~S.OO feet West of. when measured at right angl~ and parallel with ~ line of said Section 8 and the point of beginning of the parcel to be ~ribed; thence continue South 880 30' 45" West, along the South lin 6' SectiOD 8. a distance 0[361.27 feet to a point; thence North 2053' 24" -:T7-~stance of6O.)8 feet to a point on a line lying 60.00 feel North of, ~~t '. at right angles, and parallel with the South line of said Section 8; , North 880 30' 45" East, along the said paraJlelline, Ii distance of 360. feet to a point on a line lying 25.00 feet West of. when measured at right ~ and parallel with the East line of said Section 8; thence South 20 14~est, along the said parallel line, a distance of 60.) 3 feet to the point of ~~ of the herein described parcel. ~ ~A~ Said n::.........,l containing O.~~res, more OT less. y-n ~~ Less: A triangular parcel of I~'- '/~~ right-of-way purposes lying in Govcmment Lot 7 ofScction ~ . p 45 South, Range 43 East, County of Palm Beach, State ofFJorid ./ \~cuJarlY described as follows; For the purpose of this description ~~1ine of said Section 8 is assumed to bear North 8()o 16' 21" East and ~gs recited herein are relative thereto. \.S~ . 7(~ Conuncncing at the Southeast comer of ~on 8, thc:ncc South 890 16' 21" West, along the South line of said SCCti!@iOdistance of2~.O~ feet to the existing West right-of-way line ofHigb 'lg(Road, being a line 25.00 feet W cst of (as measured at right angles to) ,- leI with the East line of the Southeast ~uarter (SE 1/4) of said See~. hence North or 59' 35" East along said We& right-of-way line a dist~:..7. .13 feet to a point at the intersection with a line 60.00 feet North of~ at right angles to) and paraDel with tbe South line of said sec~ the point of BOOK I~ PAlE 119rt Doroth~ H. Vi) ba, Cl.... beginning; 1hence continue North 02059' 35" East along said existing West right-of-way line ofDigh Ridge Road a distance of 11.41 feet; thence South 460 07' 58" West departing 1iom said West right-of-way line. a distaDcc of 25.41 fed to said tine 60.00 feet North of and parallel with the 800111 line of Section 8; thence North 890 ] 6' 21" East along said paranel line a distance of 11.41 feet to the point of beginning. ~g 151.3 square fed. mon: or less. Parcel2: ~~~ 0 ,. )) Commencin ~ . utbeast coma ofSeclion 8. Township 45 South. Range 43 Eas~ Palm Beach County, F1ori~ce South 880 30' 45" West. along the South line of said Section 8. a distance of386.32 fed 10 ~ oomcrof Go_ Lot 7 of said Section 8; Ihence North 2" 53' 24" East along the . e of said Oovernment Lot 7, a distance. of 60.18 feet to a point on a line lying 60.00 feet No hen measured at right angles; and parallel with Ibe South line of said Section 8 and the poin of~ng; thence South 880 30' 45" West. along the said para1lelline. a distance of 115.50 feet '. t; thence North 1034' 02" East. a distance of 1259.39 feet to the Southwest comer of Lot rding to the plat of High Ridge Subdivision. as recorded in Plat Book 22. Page 6. in and for p)i. lie JCcords of Palm Beach County, Florida; thence North 880 38' 08" East. along the South . ~ Lot 36. a distance of 144.63 feet to the Northwest comer of the South one-haJf{S~) of saic{<Povemment Lot 7; thence South 2053' 24- West, along the West line of said Government Lot 7, a ~ce of 1260.96 feet to the point of beginning of the herein described parcel. ~ Said parcel containing 3.7549 acres. ~6r Jess. -,X':= i....' ,.::>".-.,~ 'C"'~'\~ ( ,v, ~ ';?~ ~ /-?::. V -'? ~~"''''' ~ hn~-. V ~:r.."\. ~......;,> I to \\' ,5') ".., ~~y) ~/ 7?J -" t{r/ ,;7} ~.:---~ ~ '-)} ~~ ~ ~~ -2- I Q) :x: Iii >- r..> ~ ~ en := a. t%: So 0 .9 $:::E z 0 z &I) I- &I) - " ~ oS ~ ~ - '" ~ oCl oCl :: ~ ~ l::: '" ~ ~ ~ ~ :E:: :E:: - '- ~ ~ ~ ~ cs .. <;) - t::I t.l ::: '" ~ .. ~ ... 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AGENT CONSENT FORM STATE OF FLORIDA COUNTY Of-'flAUII Bt!A~H ----------------/ $AxAS6M- BEFORE ME THIS DAY PERSONALL. Y APPEARED J< ~ ke.t.hILl1>>~"S. WHO BEING OUL. Y SWORN. DEPOSES AND SAYS THAT: 1. HeJshe is the owner of the real property legally described in Attachment A~ 2. He/she duly authorizes and designates to act in his/her behalf for the purpOses of seeking a change to the Future Land Use Map designation and/or Zoning classifICation of the real property legally described in Attachment A: . 3. Helshe has examined the foregoing Future Land Use Map amendment and/or Rezoning application and he/she understands how the proposed change may affect the real property legally descOOed in Attachment A. FURTHER AFFIANT SA YETH NOT. The foregoing instrument was acknowledged before me this /3 ~ay of lke~ k ,20~, by ~~ ~t Jot:s (Name of Person ACknowledging) who is personaly known to me or who has produced ~1A DJti~ ()t... (type of identification) as id "cationand . idnot)takeanoalh. e~/~ ~ _. Owner's Signature ~_b~A..IdI\ j) ~ rolu. (Name of Acknowledger Typed. Printed or Stamped) N0~ ,.' (TItle or Rank) - J n."'\\ ..JG.4Dr, (Serial Number, if any) l(o~"'J:l 1l.€..c.uI2.IDT j!; Owner's Name (Print) If(S 4>""J/.."..J. P'u~ tJn. -I/: SiJt Street Address I ^^fb~Nf ~ fL ,1r,J-dd' Ci . State. Zip Code (Notary'Seal) T ~IeDhone ( ) 'f) I)IIlGNII D Ccc*I . . Mr~".b"Yilll'" ~ ~ __Nu-.-n... 9 DEC-13-2004 12:16 BR'f< (F WTERCE t' . l::l.Y tD VI. AGENT CONSENT FORM STATE OF FLORIDA COUNTY OF PAlM B&ACH I S~.)~ BEFORE ME THIS DAY PERSONALlY APPEARED t,~ ~;D~ WHO BEING OUl Y SWORN. DEPOSES AND SAYS THAT: 1. He/she Is the owner of the real property legally described in Attachment A; 2. Helshe duly authortzes and designates to act in hislher behalf for the purposes of seeking a change to the Future land Use Map designation and/or Zoning dassifteation of the real property legafty described in Attachment A:. 3. He/she has examined the foregoing Future Land Use Map amerdment and/or Rezoning application and helshe lM1CIerstands how the proposed change may affect the real property legally described in Attachment A. FURTHER AFFIANT SA YETH NOT. The fo!egoing InstruO'l.entIV8t" ad.tnowledged before me 1his /3 day of f) ~ c: . 200 f . by G,,,,~ /U.~ 0/';3 (N:.:s;:f Penion ~nowIedging) who Is persor.ally known to me who has produced ~AJ'dIt- ~ '/~:J €.A <L (type of Identification) as id' nd who did ( . take en oath. ~ - 7/-- ~L'~ Owner'rrtgnature ( Of Person Taking ~~~ ':JJ t~te (Name of Acknowtedger Typed. Printed or Stamped) fV~ (Titte or Rank ~"),)~q.tJ?7 (Serial Number. if any) 1f8JR.4E.. 1<E.t:.HP.liJT I.e; Qwne(s Name (Print) ,/3 I Ih'yJ ~ k/ t Address 130 YII hl\J 6d, ';.f 2.'/.)G, City. State. ZIP Code (Notary' Seal) Telephone ( ~ DIIoMo eo.. \~.1 ~CN . Ian.... ~ND l4.n... 9 ,,~ R(CQRD AND RETURN'l'O ~ H4IUAND I KNIGHT UP ONE E. BROWARD BLVD., 1131)() Ft, LAUOERDALE,Fl33301-4811 Prepared by and return to: Sarah S. Vogel Atlantic Land and Title Co. 131 N.E. 1st Avenue Boca Raton, FL 33432 File Number: 9188.01 Will Call No.: Parcel Id Nos: 00-43-45-08-01-000-0330 00-43-45-08-01-000-0361 00-43-45-08-01-000-0362 [Space Above This Line For Recording Data] Warranty Deed This Warranty Deed made this ist day of August, 2005 between A & R HIGHRIDGE II, LLC, a Florida limited liability company, whose post office address is 10689 Heritage Boulevard, Lake Worth, FL 33467, grantor, and New Urban High Ridge, L.L.C., a Florida limited liability company, whose post office address is 398 N.E. 6th Avenue, Delray Beach, FL 33483, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the succ.essors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida to-wit: Lots 33, 34, 35 and 36, HIGH RIDGE SUBDIVISION, according to the Plat thereof, duly recorded in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 22, Page 6. SUBJECT TO: (i) Taxcs for thc ycar 2005 and subsequcnt years; (ii) restrictions, conditions, rescrvations, easements and othcr matters contained in Plat of High Ridge Subdivision, as recorded in Plat Book 22, Page 6, of the Public Records of Palm Beach County, Florida; and (ill) Easement grantcd to Florida Power & Light Company dated July 8, 1980, recorded in Official Records Book 3367, Page 397, of the Public Records of Palm Beach County, Florida (as to Lot 36 only), none of which are hereby reimposed. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTimee Signed, sealed and delivered in our presence: A & R HIGHRIDGE II, LLC, a Florida limi 'ability company B State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this 1st day of August, 2005 by Arturo Scroggie, Operating Manager of A & R HIGHRIDGE II, LLC, a Florida limited liability company, on behalf of the com y. He U is personally known to me or [X] has produced a driver's license as identification. [Notary Seal] 'A .~ MYCOMMl8t1OHII DO__ My Commission Expir s:~"",,, EXPIAE8:HollilRlblr1"" I~NIY I'I.NalIlV_-..:.Ct. .- Warranty Deed - Page 2 DoubleTim84ll HUD.1 A. Settlement Statement B. Type of Loan u.s. Deparlment of Housing and Urban Development OMS No. 2502-0265 o 1. FHA 04.VA o 2. FmHA 0 3. Conv. Unins. o 5. Conv. Ins. 6. File Number 9188.01 7. Loan Number 8. Mortg. Ins. Case Num. ID: C. NOTE:This form is furnished to give you a stalement of actual selllement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)' were paid outside the closing: they are shown here for informational purposes and are not included in the totals. D. NAME OF BORROWER: Address of Borrower: New Urban High Ridge. LLC., a Florida limited Iiabilily company 398 N.E. 6th Avenue, Delray Beach, Florida 33483 Real Estate Exchange S8iVices, Inc. as Inlermediary for A & R Highridge II, LLC, a Florida limited Iiabilily company 10689 Heritage Boulevard, Lake Worth, Florida 33467, TIN: E. NAME OF SELLER: Address of Seller: F. NAME OF LENDER: Address of Lender: G. PROPERTY LOCATION: H. SETTLEMENT AGENT: Place of Settlement: I. SETTLEMENT DATE: 7731 and 7745 Hi9h Ridge Road, Boynton Beach, Florida 33426 Atlantic Land and Title Co. 131 N.E. 1st Avenue, Boca Raton. Florida 33432 TIN: 20-0308580 Phone: 8/1/05 DISBURSEMENT DATE: 8/1/05 106. Cityltown laxes 107. County laxes 108. Assessmenls 109. Solid Waste Authority from 08101/05 to 09/30/05 110. 111. 112. 120. Gross amount due from borrower: AdJustments for Items paid by seller In advance 200 Amounts pa,d or In behalf of borrower: 406. City/town taxes 407. County taxes 408. Assessments 95.76 409. Solid Waste Authority from 08101/05 to 09/30/05 410. 411. 412. 1,800.645.96 420. Gross amount due to seller: 95.76 201. Deposit or earnest money 202. Principal amount of new loan(s) 203. Existinljloan(s) taken SUbject to 204. Principal amount of second mortljalje 205. Loan funds 206. 207. Principal amt of mortljage held by seHer 208. 209 500 ReductIOns In amount due to seller 1,800.095.76 Adjustments for ,tems unpaId bV seller 75.549.88 501. Excess deposit (see instructions) 502. Selllemenl charges to seller (line 1400) 503. Existing loan(s) taken SUbject to 504. Payoff of first mortgage loan 1,377.000.00 505. Payoff of second mortljalje loan 506. Deposits held by seller 507. Principal amt of mortgage held by seller 508. Exchange Fee to REES 509. 128,684.00 1,009,213.75 1,000.00 210. City/town taxes 211. County laxes from 01/01/05 to 08101/05 212. Assessments 213. 214. 215. 216. 217. 218. 219. 220. Total paid bylfor borrower: II Adjustments for Items unpaid by seller' 510. City/town taxes 4,751.17 511. County taxes from 01/01/05 to 08/01/05 512. Assessments 513. 514. 515. 516. 517. 518. 519. 1.457.301.05520. Total reductlonaln amount due seller: . .. 4,751.17 1.143,648.92 301. Gross amount due from borrower (line 120) 302. Less amount paid by/for the borrower (line 220) 303. Cash ( 1;1] From I] To ) Borrower: 1,800.645.96 601. Gross amount due to seller (line 420) (1,457,301.05) 602. Less total reductions in amount due seller (line 520) 343,344.91 603. Cash ( I?l To 0 From ) Seller: 1,800,095.76 (1,143,648.92) 656,446.84 Substitute Form 1099 Seller Statement: The information contained in blocks E. G. H. and I and on line 401 is important tax information and is being furnished to the IRS. If you are required to file a return, a negligence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines Ihat it has not been reported. Seller Instructions: If this real estate was your principal residence. file Form 2119, Sale or Exchange of Principal Residence, for any gain, with your tax return: for other transactions, complete the applicable parts of Form 4797. Form 6262 and/or Scheduie D (Form 1040). HUD-1 U.S. Department of Housing and Urban Development Page 2 Paid from Paid from 700. Total Sales/Brokers Com. based on price $1,800,000.00 @ 6.0000 % = 108,000.00 Borrower's Seller's 701. 108,000.00 6.0000 % to The Knight Group, LLC Funds at Funds at Selllement Settlemenl 702. %10 703. Commission oaid al settlement 108,000.00 704. to . : . . 801. Loan origination fee %to 802. Loan discounl %ta 803. Appraisal fee 10 804. Credit report to 805. Lende(s inspeclion fee to 806. Mortgage insurance application fee 10 807. to 808. to 809. to 810. to 811. to 0' . . 901. Interesl from to @ /dav 902. Mortgage insurance premium for months to 903. Hazard insurance premium for years to 904. Flood insurance premium for years 10 905. years 10 . . .. . . 1001. Hazard insurance monlhs @ per monlh 1002. Mortgage insurance months @ per month 1003. City property taxes months @ per month 1004. County property taxes months @ per month 1005. Annual assessmenls months @ per month 1006. Flood insurance months t1ll per month 1007. months @ per month 1008. months @ per month 1009. Allllrellate accountifl!l adjustmenl 11Dn Tille rllrlHlf'" R 111"'\ (' por.St' It; POI 1101. Selllement Q( closinll fee 10 Atlantic Land and Tille Co. 250.00 250.00 1102. Abstract or tille search to Attorneys' Tille Insurance Fund, Inc. 225.00 1103. Tille examination to Atlantic Land and Title Co. 250.00 1104. Title insurance binder 10 1105. Document preparation to 1106. Notary fees to 1107. AlIorney's Fees 10 (includes above item numbers: ) 1108. Tille Insurance to Atlantic Land and Title Co. - (includes above item numbers: 1109. Lender's coveraae (Premium l: 1110. Owne(s coveraae (Premium): $1,800,000.00 ($7,075.00l 1111. Endorse: 1112. 10 1113. to . 1201. Recordifl!l fees Deed $27.60 Mortgage(s) $214.60 Releases 242.20 1202. City/county tax/stamps Deed Mortgage(s) 1203. State tax/stamps Deed $12,600.00 Mortgage(s) 12.600.00 1204. to 1205. Municipal Lien Search 10 ASAP Tax and Lien Search, Inc. 134.00 " . 1301. Survey 10 1302. Courier Fee to Federal Express 72.00 1303. Online Digital Slorage, fax, copies, post. 10 Full Access Storage/ Atlantic Land & Title 58.00 58.00 1304. Certificate of Stalus to Florida Filing Services 20.00 1305. to 1306. to 1307. to 1308. to 1309. II Enter on lines 103 Section J and 502 Section K' 1 550.201 128.684.001 AUG. 1. 2005-12: 35PM HUi .r.NO. 2117 P. 2 SETTLEMENT STATEMENT ADL .,VU1U File Nllrm..r: 9188.01 I have c;arefully reviewed the HUD.1 SeWemenl Statement and to the best of my knowledge and belief, it .Is a true and acourata alalemant of all receipts and disbursements made on my accollnl or by me In this tl'\\nllllchon. 1 further certify that I have received. copy of the HUD-1 Settlement Stalwent. Borrower(s) (COEporatll SeCLl) Seller(s) bill Eata tll J:xchangQ Sllrv1QIUl, InCl. as ::-9t~=n. """ . , (Corpor.". Sea1) B:f: Settlement Agent The HUD-1 Settlement Statement which I have prepared It a true arid accurate locount of this transaction. I have caU5td or will cause the funds to b. di6buraed In accordanee with this statement ..~_ue"~~~.iU' c.. ay. .~ Datal ~1Jos ~/ WARNING: It Is . crime 10 kI10wlngly make fal.. staWmtllla to th. UniCed .tatea on this or any other 81milar fonn. Penalties upun GOnVlctlon can Indude a fine and irnprl5onment. For debUt....: TlU.1a U.S. Code Sectfon 1001 and Section 1010. Doublt TIIlIM\l MILLE~EGG HIGH RIDGE DRAINAGE PLAN CERTIFICATION April 4, 2005 I hereby certify, as a Professional Engineer in the State of Florida, that the drainage system for the subject project located at the north west comer of the intersection of High Ridge Road and Miner Road, Section 8, Township 45 South, Range 43 East, Palm Beach County, Florida, will be designed to conform with the rules, regulations and codes of the South Florida Water Management District and the City of Boynton Beach (including Chapter 6, Article IV, Section 5 of the Land Development Regulations), as applicable. f, ' ; . MAY 1 I 2005 L_~", .. --.l f;:" i' .J },~,.:.,. ~,,~',,~, ...i_..___ r I L_ IMP R 0 V I N G COM M U NIT I E S. eRE A TIN G E N V I RON MEN T S. Palm Beach Office: 2005 Vista Parkway' Suite 100' West Palm Beach, Florida' 33411-2719 (561) 689-1138' Fax: (561) 689-8108 www.millerlegg.com " MI LLER LEGG ) , ..:ETNO: I OF '-~' PROJECT NAME: PROJECT NO: SfTlR: CALCULATED BY: DATE: CHECKED BY: DATE: DESCRIPTION: , '! c ;outh Florida Office: 1800 N Douglas Road. Suite 200 )embroke Pines, Florida. 33024-3200. (954) 436-7000 ~alm Beach Office: 2005 Vista Parkway. Suite 100 Nest Palm Beach, Florida. 33411-2719 . (561) 689-1138 ::entral Florida Office: 631 S Orlando Avenue. Suite 200 Ninter Park. Florida. 32789-7122. (407) 629-8880 MPROVING COMMUNITIES, CREATING ENVIRONMENTS, t) . ",' ..).,; <.:-' , ;' 6 I} c (- - -~~----- - Ii JII I V ' , ~. ..r- e-/ c-. "."; III { nc'(~'. f" -.{ ! ./"1 ~_.- C co" J" } ~ \--L ::" " "'.: ) -" " " ,,-, --I ,.~ , I '....-.. r-.. -....=r-:,.. """'--~~-"Y- ('- C r:' i...-'. '-' , . I ( ;.< li.:~ / (( '/ C , . ~ ,/ i..." 'H-' tV' 1":' .. I~. .h'l \,." r 5'Y~1 e((~ (' ~,.( r-C' ,;;'lc,"_ ,~ "'- D .; / (1.- . . \"'l" CO/b'7. ('" / is=l _!:_.~ <"",) w...... fI:' '" 6. / -;l c' / .,-,';: ~~ ) -! I ~,7 s.(' , . , / , I r x v- I' \0, s f) ') t-.- ) < _~ ~ '1 ~~~.1 r;:~"" '/} i.".' MILLER LEGG South Florida Office: 1800 N Douglas Road. Suite 200 Pembroke Pines, Florida, 33024-3200, (954) 436-7000 Palm Beach Office: 2005 Vista Parkway' Suite 100 West Palm Beach, Florida. 33411-2719 . (561) 689-1138 Central Florida Office: 631 S Orlando Avenue' Suite 200 Wimer Park, Florida, 32789-7122 . (407) 629-8880 IMPROVING COMMUNITIES. CREATING ENVIRONMENTS. \.""'-"-... -===-? I ", -', (;5"( y- X( (. ;:'" (...... -'"'I- , ..."..), 1. ,,)c. .c:ETNO: PROJECT NAME: " ../ t "..~. OF PROJECT NO: CALCULATED BY: CHECKED BY: DESCRIPTION: SfTlR: DATE: DATE: ". /' I (.-. 1':'"" /, l; - <': o.l! j;~ {"J ". , '..0 ~~--------' i ,~ \." I _" c'~!; .f <.- MILLER LEGG .~ET NO: OF South Florida Office: 1800 N Douglas Road. Suite 200 Pembroke Pines, Florida. 33024-3200. (954) 436-7000 Palm Beach Office: 2005 Vista Parkway. Suite 100 West Palm Beach, Florida. 33411-2719 . (561) 689- 1138 Central Florida Office: 631 S Orlando Avenue. Suite 200 Winter Park, Florida. 32789-7122 . (407) 629-8880 PROJECT NAME: IMPROVING COMMUNITIES. CREATING ENVIRONMENTS. PROJECT NO: CALCULATED BY: CHECKED BY: DESCRIPTION: SfTlR: DATE: DATE: ~.~..,.. ~.. " I . ; L. , ,.h\ ....., i: . LAKE MANAGEMENT PLAN The following plan has been provided by the Owner/Developer of the High Ridge project. The Lake Management Plan shall be used to govern all activities or concerns related to the lake noted in the Site Plan for High Ridge, 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 development lake tract. The Lake Area and its management shall be the responsibility of the master property owners in perpetuity. The lake tract referenced in this Lake Management Plan is centrally located within the site of the High Ridge project. 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 lake maintenance easements of these lakes per Section 5.R of the City of Boynton Beach Landscape Code. :B~01:;:: 3.1 Delineation and Surveying Specifications All Lake Areas 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 lakes and shall provide, at a minimum, an area equal to 10 square feet per two linear feet 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 12.0 NGVD and includes area down to 2.5 feet below control elevation. Upland transitional plantings extend upland from 12 NGVD to between 15.0 to 17.0 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 1934 Commerce lo~e Suite 1 Jupner, Floodo 33458 5617476336 Fox 7471377 Project #04-0910 Created o~ 3/23/2005 11 10 AM F IProjeclsl04-0910-NUC-H'gh R,dge RoadlWordExcellLake Management Plan pdf 1 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 planting 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 one hundred-percent (100%) survivorship and a minimum of fifty 50% coverage shall be achieved in the upland transitional zones by the end of the establishment period. One hundred-percent (100%) survivorship of upland transitional trees and vegetation must be maintained at all times. 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 dead plant material will be replaced by the contractor in a timely manner. Plant material in the upland transitional zone must be replaced with in thirty days or an additional quarterly monitoring report will be required. 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 Fetilization 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) tablets Cotleur Hearing 193A Commerce Lo~e Suite 1 Jupijer, FIOfido 33458 5617476336 Fox 7471377 Project #04-0910 Created on 3/2312005 11.10 AM F \Projects\04-o910-NUC-Hlgh Ridge Road\WordExcel\Lake Management Planpdf 2 . One and three gallon (#1 and #3) container stock to have one (1) tablet Position plant 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 below. Prohibited activities within the Lake Areas include: . Trimming or pruning of native trees, shrubs or other valuable vegetation without approval of the City of Boynton Beach. . 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. 4.1 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 accomplished by herbicide treatment with the herbicides such as Arsenal, Garlon 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. Cotleur Hearing 193" CarrMe'ce lme Suite 1 Juprte', Clarida 331.58 5617476336 ,ax 7471377 Project #O4-O91 0 Created on 3/2312005 11 10 AM F \ProjectsI04-0910-NUC-Hlgh Ridge RoadlWordExcel\Lake Management Plan. pdf 3 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 habitats. During routine maintenance events, all trees, shrubs and other plants shall be maintained by cultivating and fertilizing as required for healthy growth. No trimming or pruning shall occur without the approval of the City of Boynton Beach. All noxious plant species (Category I and /I 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 /I Exotic and Nuisance vegetation within the wetland mitigation 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 Alternanthera philaxeroides Colocasia esculenta Eichhomia spp Hydril/a verticil/ata Ludwigia peruviana Melaleuca quinquenervia Pancium hemitomon Panicum repens Pennisetum purpurea Phragmites australis Pistia lactuca Salix spp Typha spp Alligator weed Elephant, wild taro Water hyacinth Hydrilla Primrose willow Melaleuca Maidencane T orpedograss Elephant grass Common reed Water lettuce Willow Cattails Any population of Panicum hemitomon (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. Cotleur Hearing 1934 COIT'r"1e'ce Lone Suite 1 J~p~e', clondo 33458 5617476336 Fox 7471377 Project #04-0910 Created on 3/23/2005 11 10 AM F IProJectsI04-0910-NUC-Hlgh Ridge RoadlWordExcel\Lake Management Planpdf 4 · 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. 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. The upland transitional zone must maintain a one hundred-percent (100%) survivorship at all times. Any dead upland transitional zone vegetation or trees must be replaced within thirty days or an additional quarterly monitoring report will be required. 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 two (2) years after planting. During this two-year maintenance and monitoring period, maintenance shall occur monthly and monitoring reported quarterly to the City of Boynton Beach for two (2) years 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 and one hundred- percent (100%) survivorship for the upland transitional 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 City of Boynton Beach, landscape architect and owner representing a time zero monitoring, to be completed within thirty (30) days of initial planting; and quarterly monitoring reports thereafter for two (2) years after planting. Each report shall be submitted to the City of Boynton Beach, landscape architect and owner within thirty (30) days of the completion of the Cotleur Hearing 193/, CorrMe'ce Lo~e Suite 1 Jupiter, Florida 331.58 5617476336 Fax 7471377 Project #04-0910 Created on 3/2312005 11.10 AM F \Projects\04-0910-NUC-H'gh Ridge Road\WordExcel\Lake Management Plan pdf 5 monitoring period. The time zero monitoring report for this project shall include an as-built 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 upland 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 and locations of additional plantings that were made to attain the survivorship and coverage criterion, if such plantings were necessary. The water body dissolved oxygen content will be measured in each lake and fauna species noted. 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. . A minimum of one hundred-percent (100%) survivorship in the uplands transitional 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 Forty eight (48) hours prior to the completion of the lake excavation, the landscape architect will be contacted to inspect the slope angle of the littoral zone. Lake excavation slopes shall be re-vegetated 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. 5.1 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 Cotleur Hearing 1934 Commerce La~e Suite 1 Jupae', Florida 33458 5617476336 Fax 7471377 Project #04-0910 Created on 312312005 11 10 AM F IProjectsI04-0910-NUC-H.gh RIdge RoadlWordExcellLake Management Plan pdt 6 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 Lakes shall be New Urban Communities, 398 NE 6th Avenue Delray Beach, Florida 33483. The Owner/Developer of the High Ridge 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. The Owner/Developer of the High Ridge Site shall have the responsibility of maintaining the Lake areas free of litter, debris and yard clippings. Lake Management shall be the responsibility of High Ridge's Master Association from the point that the project has been completed. High Ridge's Master Association shall be responsible for the continued eradication of exotics. There must be a mechanism for policing the Lake to keep the area free of bottles, paper trash, plastics, and associated discards. All foreign material must be disposed in a proper waste disposal facility. Initial implementation and future management of all lake areas within the property will be the responsibility of the developer or its successors and/or assigns. CotJeur Hearing 1934 ComMe'ce Lo~e Suite 1 J~pne'. Claodo 33458 5617476336 rox 7471377 PrOject #04-D91 0 Created on 3123/2005 11.10 AM F IProJectsI04-0910-NUC-Hlgh Ridge RoadlWordExcellLake Management Pian pdt 7