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TOWN OF GULF STREAM1 10111 /2001 11:41:22 20010440267
100 Sea Road I OR BK 12975 PG 1608
Gulf Stream, Florida 33483 Palm Beach County, Florida
Dorothy H. Will.en, Clerk.
LANDSCAPE ENCROACE3 MNT, MAINTENANCE,
AND REMOVAL AGREMENT
THIS AGREEMENT is made and entered into by Jackie Malnove, Trustee hereinafter referred to
as "DECLARANT."
WHEREAS, the DECLARANT is the owner of that certain real property described as:
The North 100 feet of the South 268 feet of Government Lot 1 lying East of Ocean Blvd.
Property Identification No: 20-43-46-10-00-001-0100
Commonly referred to as 1555 N. Ocean Boulevard, Gulf Stream, Florida.
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:
1. The DECLARANT shall plant and permanently maintain a continuous, intense, mature
vegetative screen along the north property line of the Land such that the view of the home and roofline is
obscured, to the maximum extent possible, from the property immediately to the north. All planting shall
be subject to the inspection and approval of the Town of Gulf Stream prior to the issuance of a Certificate
of Occupancy for the residence constructed on the Land. After issuance of a Certificate of Occupancy the
vegetative screen shall be maintained on an ongoing basis in a healthy growing condition and any dying or
diseased vegetative materials shall be immediately replaced upon request of the Town Manager of the
Town of Gulf Stream.
2. This agreement shall constitute a covenant running with the land.
3. 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.
4. This Agreement may be modified or terminated only by recorded written approval by the
Town of Gulf Stream, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this O�E day of
2001.
Signed, sealed and delivered in
the presence of-.
L-ith>A H. W t-rf
Print Name under Signature
STATE OF FLORIDA
COUNTY OF PALM BEACH
(�Ba/ce
I
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The foregoing instrument was acknowledged before me by this
AIT — day of 2001, who is personally known to me or who presented
as identification
My Commission expires:
RLINDA M. WITT
MY CMM Exp. "/04
/ Na. CC 9404%
I,—Ay Prow„ I I oel.r L0.
Not�Public State
of Florida at Large