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Home My Public Portal About588 Banyan RoadJONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER Barbara Gwynn Town Clerk Town of Gulf 100 Sea Road Gulf Stream, Stream FL 33483 re: Agreement between Perry H. O'Neal and the Town of Gulf Stream, Florida Dear Barbara, Please find enclosed for your files the original agreement between Perry H. O'Neal and the Town of Gulf Stream, relating to his property located at 588 Banyan Road. As you can see, this instrument has been duly recorded, and should now remain with the records of the Town of Gulf Stream. Very JCR/ajs enclosure cc: Jeffrey Thistle, Esq. (w/ enclosure) C.'Randolph 505 SCOUNSEL OUTH FLAGLER DRIVE W I AuA.A FOSTER I`O ELEVENTH FLOOR P.O. DRAWER E WIRY B. ALE OER BLAIN R. LOTLEJOHN WEST PALM BEACH, FLORIDA 334023475 GEOROE H. BAKEY KEVINHENRYH C. KE MMULLER JOHN M. WIOUK JOHN BWR M CKEN (407) 859.3000 F. LIUFMHAL MICHAEL D. BROWN MARGARET COOPER TIMOTHY E. MONAGHANIRUNIM FAX: (407) 932-1454 REBECCA 0. DOANE JOHN C. RANOOLPH AIN MARIE O. R.NICO HARRY ALLISON.KIHNSTON RANGY D. ELLISON ANDgEW R. ROSS 1SSS1981 L MARTIN F ROAN STEVEN J. ROTHMAN LORI E. HANDELSMAN PETER A SACHS SLOB O. HAWKINS JOELT. STTUIWN THORNTON M. HENRY PETER S. HOLTON SIDNEY A SNOBS, JR. HARRY A JOHNSTON, 11 ALLEN R. TOMLINSON JOHN S. TRIMPER J.A JUROENS MARK B.H. MICHAEL P. WALSH ADAMS WEAVER OTHER LO TKIN B. KO CHARLES B. KOVAL AL MICHAEL T. NgANI PAUL L. WOLFS Febraury 3, 1989 %1 S. E MK STREET, SUITE 101 DELRAY BEACH, FLORIDA J Barbara Gwynn Town Clerk Town of Gulf 100 Sea Road Gulf Stream, Stream FL 33483 re: Agreement between Perry H. O'Neal and the Town of Gulf Stream, Florida Dear Barbara, Please find enclosed for your files the original agreement between Perry H. O'Neal and the Town of Gulf Stream, relating to his property located at 588 Banyan Road. As you can see, this instrument has been duly recorded, and should now remain with the records of the Town of Gulf Stream. Very JCR/ajs enclosure cc: Jeffrey Thistle, Esq. (w/ enclosure) C.'Randolph This instrument prepared by: J. Jeffrey Thistle, Esquire Devitt & Thistle, P.A. 30 Southeast 4th Avenue Delray Beach, Florida 33483 AGREEMENT JAN -25-1989 01:29arl, 59-02 2524 ORB 5946 1_3 1633 THIS AGREEMENT made and entered into this -L;64 day of January, 1989, by and between PERRY H. O'NEAL, a single man, hereinafter referred to as "Owner", and the TOWN OF GULF STREAM, a Florida municipal corporation, hereinafter referred to as "Town". WITNESSETH WHEREAS, Owner is the fee simple title holder to the following described real property located at 588 Banyan Road, Gulfstream, Palm Beach, Florida: Lot 1 and the South 50 feet of Lots 2 and 2A, of POLO COVE, according to the Plat thereof, as recorded in Plat Book 24, Page 73, Public Records of Palm Beach County, Florida; and 4. Owner agrees to save, defend, indemnify and hold Town i,1� harmless from any and all liability or claim against the Town G which may arise out of Owner's construction of improvements in sa the right of way of Banyan Road, including, without limitation, 4J liability for all .damages, costs and fees which the Town may z incur or become obligated to pay as a result of owner's construction and maintenance of said improvements. 5. This Agreement shall be construed as a covenant running with the aforedescribed property and shall be binding upon the successors and assigns of Owner so long as the aforedescribed improvements shall continue to exist upon the right of way of Banyan Road. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written. R er:Q�ry H. O'Neal 13`t{�'p� C" —8etary Pubr1, Sta Roridda My Commission Expires lune 7, 1941 Mndnd Thm Troy Fwa- Inmrenp In:• WHEREAS, Owner has requested the consent of the Town to his construction of certain improvements upon a portion of the public right of way of Banyan Road which abuts his property; and WHEREAS, the Town is willing to give its consent provided the Town shall be indemnified and held free from any liability arising out of any such improvements and receive from owner other assurances regarding such improvements. C) NOW, THEREFORE, in consideration of the Town's approval herein granted and the assurances of Owner herein set forth, it M is agreed as follows: UI w w 1. Town hereby consents to Owner's construction of an entry fence/wall within the right of way of Banyan Road pursuant to the a o plans and specification submitted and approved. o m 0w w 2. Owner agrees to maintain said improvements in a a N condition satisfactory to Town and shall repair same if directed 3 m to do so by Town upon sixty (60) days written notice to Owner. U m a, cA 3. Owner agrees to remove at his expense all such .c o improvements from the said right of way upon sixty (60) days 0 a 3 prior written notice to Owner from Town. 4. Owner agrees to save, defend, indemnify and hold Town i,1� harmless from any and all liability or claim against the Town G which may arise out of Owner's construction of improvements in sa the right of way of Banyan Road, including, without limitation, 4J liability for all .damages, costs and fees which the Town may z incur or become obligated to pay as a result of owner's construction and maintenance of said improvements. 5. This Agreement shall be construed as a covenant running with the aforedescribed property and shall be binding upon the successors and assigns of Owner so long as the aforedescribed improvements shall continue to exist upon the right of way of Banyan Road. IN WITNESS WHEREOF the parties have executed this Agreement the day and year first above written. R er:Q�ry H. O'Neal 13`t{�'p� C" —8etary Pubr1, Sta Roridda My Commission Expires lune 7, 1941 Mndnd Thm Troy Fwa- Inmrenp In:• test: Town Cler STATE OF FLORIDA COUNTY OF PALM BEACH Town of Gulf Stream By: i i// - Town Manager I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgments, personally appeared Perry H. O'Neal, to me known to be the person who executed the foregoing Agreement, and who acknowledged before me that he executed the same. WITNESS my hand and official seal in the county and state last aforesaid this 13 day of January, 1989. Notary P i ate of FLlarida' F5: My commission expires STATE OF FLORIDA Nto�ary PuhGq State of BoridA COUNTY OF PALM BEACH My Commission Expires lune 7, 1991 9o0od Thr. Fro, Fein- Imurano In:. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowl dgm ts, ersonally appeared and to me known to be the person who ecuted the foregoing greement on behalf of the Town of Gulf Stream, and who acknowledged before me that they executed the same. WITNESS my hand and official seal in the county and state last aforesaid this _40�— day of January, 1989.pp,�J0 Al/G(..CJ JU ACL_/LLQiYX—�'7� Notary Public, State of Florida i U l a 0 )�'-''�Y, My commission expires: a'' °''..... j c -, Notary Public, State of Florida t ClT Y My Commission Expires March 29 1 ,� . Bonded Th. Loy Fafn- Immnnca Iny_ % ..f.,n"�N RECOPD VERIFIED °ALM BEACH COUNTY, FLA, JOHN B. DUNKLE CLERK CIRCUIT COURT