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Home My Public Portal About3580 Polo DrivePREPARED BY/RECORD AND RETURN TO: Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 151111111111111111 R 1011 CFN 20120439344 OR PK 25568 PG 1697 RECORDED 11/01/2012 14:45:24 Pala Reach County, Florida Sharon R. Rock,CLERR b COMPTROLLER PAS 1647 - 1702; (6pgs) `l THI AG EEMENT is made and entered into as of this le day of 2012, by and between Ross Gaudreault Tr, Andre Joli-Coeur Tr, Ohd Monique Pouliot Tr, whose address is 3580 Polo Drive, Gulf Stream, Florida 33483 ("owner") and the TOWN OF GULF STREAM, a municipal corporation in the State of Florida, whose address is 100 Sea Road, Gulf Stream, Florida 33483 ("Town"). WITNESSETH: WHEREAS, Owner is in possession of that certain real property located in the Town of Gulf Stream in Palm Beach County, Florida as more particularly described as Lot 7, Block 3, Plat No. 1 Polo Fields, according to the Plat thereof, as recorded in Plat Book 26, page 13, of the Public Records of Palm Beach County, Florida Property Control Number 20-43-46-03-03-003-0070 and; WHEREAS, the Town currently maintains a storm drainage outfall in an easement located on the subject property; and WHEREAS, the Town requires access to provide maintenance to the storm drainage outfall pipe and the flapper valve associated therewith; and WHEREAS, Owner wishes to construct a fence surrounding Owner's property which will block access to the storm drainage outfall pipe and flapper valve; and WHEREAS, as a condition of providing a permit to install a fence, the Town requires this Agreement. NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Town hereby mutually agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Permit. The Town shall grant a permit to Owner for the construction of a fence surrounding the property referenced herein subject, however to the following: A. Owner shall install a gate in the fence at the south end of the easement the Town uses for access to maintain this drainage system as outlined on the attached sketch attached hereto as Exhibit "A". This gate shall be a minimum of 12' wide to allow the Town access through its easement for pedestrians and machinery necessary to maintain the storm drainage outfall system. B. The gate shall remain unlocked at all times to allow the Town access to its easement. In the event the gate is locked, a key or combination shall be provided to the Town access at all times to its easement through said gate. C. Owner shall hold Town harmless from any and all liability or damage to Owner's fence or gate resulting from the Town having to access its easement through said gate or fence. D. In the event it becomes necessary for the Town to remove the fence or gate in order to have access to the Town's easement with its equipment, Owner shall remove said fence an/or gate and there shall be no responsibility to. the Town for such removal. In the event Owner refuses to remove the gate or fence after reasonable notice from the Town, the Town may remove the gate or fence in order to access the property. The Town shall have no liability or responsibility relating to the removal and Owner shall hold Town harmless for any damage which occurs as a result of said removal. E. Limitation of Use. The gate shall be used by Town for the purpose of having access to and maintaining the Town's storm drainage outfall and only for said purpose. Owner will take no action that unreasonably interferes with the Town's access for the purpose of maintaining the storm drainage outfall. 2 3. Attorneys' Fees. In the event of any litigation arising from or concerning this Agreement, the prevailing party shall have the right to recover reasonable attorneys' fees, costs and expenses as awarded by a court of competent jurisdiction, whether such attorneys' fees costs and expenses were incurred before, during or after trial, or upon any appellate level, or in any administrative proceeding, arbitration, mediation, or any proceeding in bankruptcy or insolvency. 4. Section Headings. The section headings as used herein are for convenience of reference only and shall not be deemed to vary the content of this Agreement or the covenants, agreements, representations and warranties herein set forth, or limit the provisions or scope of any section herein. 5. Severabilitv. This Agreement is intended to performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law. 6. Governing Law This Agreement shall be governed by and construed under the laws of the State of Florida. 7. Entire Agreement: Modification and Waiver. This Agreement shall be recorded in the public records of Palm Beach County, Florida, and constitutes the entire agreement and understandi;ng between the parties relating to the subject matter hereof and may not be amended, waived, or discharged, except by an instrument in writing executed by Town and Owner, (or their respective successors and/or assigns) which written document shall be recorded in the Public Records of Palm Beach County, Florida. No failure of either party to exercise any power or to insist upon strict compliance with any obligation specified herein, and no custom, practice or course of dealing at variance with the terms hereof, shall constitute a waiver of such party's rights to demand exact compliance with the terms hereof. 3 8. Binding Effect. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors, assigns, and legal representatives of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors, assigns and legal representatives and shall run with the title to the Easement Property and the Owner's Property. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. and clovered in the OWNERS: of: Print Name: (J IS Witness I Print Name:e, 6 uP 7— Print Nam. e v� i�ouL��T Print NaI mi LlZ� A U t 1 x Print Name: t� TOWN; TOWN OF GULF STREAM by Al STATE OF FLORIDA COUNTY OF PALM BEACH �Thq foregoing instrumen was ackn I dged of re e this day of Yn , 20� by I iand who are personally known to me or who have produced 0, � 0� as identification and who did (did not) take an oath. AAA4 Si nature of Notary Public A. BOISSONK"T *t94888 NtJ)t✓�iSSv�iNP9L%I� 0.44 nnted Name of Notary Public STATE OF FLORIDA COUNTY OF PALM BEACH � The foregoing instrument was acknowledged before me this r rday of dZ7Z eere 2012, by Joan K. Orthwein and Rita Taylor the Mayor and Town Clerk respectively of the Town of Gulf Stream, Florida, who are personally known to me or who have produced as identification and who did (did not) take an oath. ignature of otary Public 1' aFTl T IL)111 14 Printed Name of Notary Public f""�"'4. GARRETTJ. WARD MY COMMISSION N DDS49499 ' � e EXPIRES. 1�uuery 06.2013 IJ061 Tmy i1. Np !i.,A Ca. EXHIBIT "A" is !� w a �g � �1${ � XX• y qy£G �E yy$ E g � y y1CA� j � ... .......3:.63 I 1 I �g � F � € '>• � � � '��` $ ,�� ° 19• i 3 ' {ros i� pa a ' � ¢¢�S gill Ii Z 3 �� aa......... all s`$ 33ag?yy i$ a. g �g f 7�• <� 111111a11 Old 011111 °� _!; 1 SiF € U�< a �C i=,� 6 IY • � Y 1 n zy z s Ale i 3 LWm) ' --- .. 3�R10 0'pd: r,j -. Via- • ',�, - 1 $ o. s mo.i ! a s �� gg �• Eil � 9 i.3i �� o ' a �a 9�