HomeMy Public PortalAbout3421 NOBIxgItR111111111111111111111111111111111111111111
0 b 09/30/2003 16:25:25 20030587713
1 N OR BK 15932 p6 1030
Prepared by and Return to: Palm Beach County, Florida
TOWN OF GULF STREAM Dorothy H. Wilken, Clerk
100 Sea Road
Gulf Stream, FL 33483
LANDSCAPE ENCROACHMENT, AMINTENANCE,
AND REMOVAL AGREEMENT
THIS AGREEMENT is made and entered into by Tracy J. Scala, hereinafter referred to as
"DECLARANT."
WHEREAS, the DECLARANT is the owner of that certain real property described as:
Gulf Stream Ocean Tracts, N 12511 of S 215 R of Lot 6 and N 45 feet of
S90 feet (less the WLY 45 feet as in or 2060P1170):—
Official Records Book 11543, Page 1700.
Commonly referred to as 3421 N. Ocean Boulevard, Gulf Stream, Florida.
Property Control No. 204346-03-08-000-0061.
WHEREAS, the DECLARANT, in consideration of the TOWN OF GULF STREAM and its
approval of a proposed site plan and construction project, agree as follows:
I. The DECLARANT shall plant and provide perpetual maintenance of the landscape
materials in the AIA right-of-way shown on the drawings that were approved by the Town Commission
on October 27, 2000.
2. In the event the TOWN OF GULF STREAM, Department of Transportation, or any
utility company must remove any portion of the landscaping which encroaches onto the right-of-way in
order to gain access, or to maintain or replace their facilities, the TOWN OF GULF STREAM,
Department of Transportation and/or the utility company will not be obligated to replace the removed
materials.
3. This agreement shall constitute a covenant running with the land.
4. This agreement may be enforced by injunctive relief by the TOWN OF GULF STREAM
and, if injunctive relief is granted, the enforcing party shall recover its costs and
reasonable attorney's fees from the party against whom enforcement is sought.
5. This agreement may be modified or terminated only by recorded written approval by the
Town of Gulf Stream, Florida.
IN WTITNESS WHEREOF, I have hereunto set my hand and seal this Day of
2003.
Signed, sealed and delivered in
The presence of:
Signature
rl1 rI.Arz %o U IA�
Print Name
Signature
Kenner -w. R. wl,ralc�r-
Print Name
STATE OF FLORIDA
COUNTY OF PALM BEACH
Tracy J. Scala
Tha foregoing instrument was acknowledged before me by 1 r a e c qh
this day of, 2003, who is personally know_ to Ale or who presented
afi fti&cation.
Fam;b
My Commission exp_
cmms *xS Nopfry Public State of Florida