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HomeMy Public PortalAbout3512 Oleander WayA-14 jr4 18- P9 11 71D 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 WILL CALL #85 / GENERAL RELEASE AND HOLD HARMLESS AGREEMENT WHEREAS, the Town of Gulf Stream, Florida, granted a building permit authorizing renovations and additions to a single family residence located at 3512 Oleander Way, Gulf Stream, Florida 33483; and WHEREAS, it has been determined that the renovations and additions result in "substantial improvements" as described by the Federal Emergency Management Agency; and WHEREAS, the renovations and additions are placed at elevations below the seven foot base flood elevation; and WHEREAS, the condition of approval of the certificate of occupancy requires the property owner to enter into a hold harmless agreement with the Town indemnifying the Town for any increase in flood insurance premiums or in the event of damage to the buildings located on the above referenced property as a result of flooding. NOW, THEREFORE, it is agreed as follows: 1. This General Release and Hold Harmless Agreement is given to the Town of Gulf Stream, Florida (hereinafter referred to as the "Town") by JAMES M. WALTON and ELLEN C. WALTON, hereinafter referred to as the "Owners", their representatives, heirs, successors and assigns, in consideration of the Town granting the above referenced certificate of occupancy. This agreement refers to the property located at 3512 Oleander Way, Gulf Stream, Florida, more particularly described as follows: Lot 53, GULF STREAM PROPERTIES 2, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 18, Page 42. 2. The Owners hereby remise, release, acquit, satisfy and forever discharge the Town, its agents, officers, representatives and employees from any and all manner of action or actions, cause and causes of action, reckonings, controversies, damages, judgments, executions, claims and demands whatsoever in law or in equity, which the owners ever had, now have, or any personal representative, successor, heir or assign of the Owners, hereafter, can, shall or may have against the Town, for, upon or by reason of any cause arising out of or in the event of increased premiums or damage to the buildings as a result of flooding due to the fact that the elevation of said buildings are below the seven foot base flood elevation. 3. The Owners hereby agree to save, defend and hold harmless the Town of Gulf Stream, Florida, from any claims or demands, actions, judgments or damages resulting from the actions of any persons as a result of flooding due to the fact that the elevation of the buildings are located below the seven foot base flood elevation. 2 ORB 8078 Ps 1292 RECORD VERIFIED DOROTHY H WILKEN CLERK OF THE COURT - PB COUNTr1 FL 4. This agreement shall run with the land. IN WITNESS WHEREOF, the undersigned has executed this General Release and Hold Harmless Agreement on this % day of Jar 1994. Signed, sealed and delivered STATE OF FLORIDA COUNTY OF PALM BEACH OWNERS: James M. Walton Ellen C. Walton The foregoing instrument was acknowledged before me this day of sa 1,1 , 1994, by JAMES M. WALTON and ELLEN C. WALTON, who are personally known to me or have has produced as identification. JCR\13147-01\VALTON.AGR 3 FOMNY FUdLIC, STATE OF FLORIDA. MY COMMISSION EXFIRES: Fid. 21, 1994. YONDCO TNRU NOTARY FUY40 UNDERWRITURY1