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Home My Public Portal About3500 Polo DriveF,or: 3500 Prepared By/Record and Return to: JOHN C. RANDOLPH, Esquire Jones, Foster, Johnston & Stubbs, P.A. Post Office Box 3475 West Palm Beach, Florida 33402-3475 polo PK MIVINy1H§!I4NluuluWftYIpl1%fflI AGREEMENT CFN 20110122760 OR BK 24454 PG 0441 RECORDED 04/09/2011 11:14:15 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pgs 0441 - 445; (5pgs) 1z THIS AGREEMENT is made and entered into as of this �day of 2011, by and between WISTER CROMPTON INVESTMENTS, LLC, a Florida limited liability company, whose address is c/o BNY Mellon Wealth Management, Attn: Vince N. Tran, 222 Lakeview Avenue, Suite 1600, West Palm Beach, Florida 33401, ("Owner") and THE TOWN 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 5, Block 3, Plat No. 1, Polo Fields, according to the map or plat thereof, as recorded in Plat Book 26, Page 13, public records of Palm Beach County, Florida and; WHEREAS, the Town currently maintains a storm drainage outfall in an easement located on or adjacent to 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: prom: 01/17/2011 13:44 1'030 P.003 1. Recitals. The above recitals are true and correct and are Incorporated herein by this reference. 2. Permit. 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 location the Town uses for access for its easement as outlined on the attached sketch attached hereto as Exhibit "A". This gate shall be of a dimension sufficient to allow the Town access to its easement for pedestrians and machinery necessary to maintain the storm drainage outfall system. The dimensions of the gate shall be initially agreed to between the parties as a condition of the granting of the permit for the fence. 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 so as to allow 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 and/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 said 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 ouffall 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. 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. r on: 01!17/2011 13:45 ;030 P.004 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. Severability. This Agreement is intended to be 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 understanding 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. 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. Signed, sealed and delivered in the presenc of: M ness int Name: J0 1v1 C01r4(crv,,-,r Witness PrintName: 04,Pi OWNER: WISTF„�CROMPTON INVESTMENTS, LLC By Print Name: C Title: ]jUA M a 3 %"s OJ -� Witness Pri ame: �itiaa ok�E �%fA�UEL c /7 Itness Print Name. (�a; 01/17/2011 13:45 #030 P.005 TOWN: TOWN OF GULF REAM I� By ;" / William F. Koch, Jr., Mayor ATTEST. Rita Taylor, Town Clerk TOWN SEAL MQryl e,V14 STATE OF-FEORMA COUNTY OF— 84/fiivv� JGThe foregoing instrument w s acknoMadged before me this % 9 day of ( 6iCf 1' 2011, by R� �+ H . �^e+cn _Lu - ON MG o lac_ of WIST R PTON INVESTMENTS LLC, a Florida limned liability company, who P I ersonally known to me rid K eRo as i en ica o did (did not) take an oath. 0 NOTARY c' Signatture Notary Public PUBLIC DojA 99 o Printed name of Notary Public O MIA TuhG a9 avl� `� CORDO Commission Number (✓em i 6flMn expnx ; My comm. exp. June 29.2011 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Instrument was acknowledged before me thisday of 2011, by WILLIAM F. KOCH, JR. and RITA TAYLOR, —Che—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. GARRETTJ.WARD MYST000SMN X DD64"99 '� F7VtB.l�yeQ 2013 I-06}NOf.VY Fl.MIv�D"w�lA�ee C. SI a� ure of Not Public /lslfiP.��`TT `IT Printed name of Notary Public 4 EXHIBIT "A" � COBE � �!rw wi....ro>•e rrr yp.to : 11A 4.IPF � F� !N/st rv/✓ J' .oa /E o,• R K c N g' o h• 4 � PAT/.� WiTN PO.oE re � n� C /uc a!/OFR MMs/.✓qtr.✓ovyJ h v 1� A O Q 17 .•mno - • � \VVJ i k` 17,'-9h cARAee" a M1 1f.J' . 3/.0' - .,.>o ✓Irma .wngi"r,...re �SC"P/Pl/OA/.• — (�� rr Nr4er (✓A'YOJ s Lrri�o Ver d. /t./s.W./. AYi hrsos. w rr�r. xriww.c sn".r.e[setorucr�svl rt nr �[s .i [a.r BOUi✓O//R SU.Q!/EY �qR• JAA/ES O,QlyN/E/A/