HomeMy WebLinkAboutProperty_Other_03/23/1999 PREPARED BY/RECORD AND RETURN TO:
JOHN C. RANDOLPH, Esquire
Jones Foster, Johnston & Stubbs, P.A.
Post Office Box 3475
West Palm Beach, FL 33402-03475
WILL CALL #85
AGREEMENT
WHEREAS, the undersigned, KEY WEST VILLAGE HOMEOWNERS ASSOCIATION,
dPs:res ±o �ns.+all ? six foot hiah sl�a�e�vlae.X wc� fence w?thi.n the Village of Teauesta riffht-of-way;
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and v .�oo7H
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WHEREAS, the location of said fence shalt be as c�esigriated on Exhibit "A" attac�e� hereto;
and
WHEREAS, in consideration for the approval of the use of the right-of-way, the Key West
Village Homeowners Association desires to enter into this agreement.
NOW, THEREFORE, in consideration for the receipt of a permit to install a six foot high
shadowbox wood fence within the Village of Tequesta right-of-way in the manner set forth in
Exhibit "A" attached hereto, the undersigned agrees as follows:
1. The Key West Village Homeowners Association shall install and maintain the fence
described herein to the full and complete satisfaction of the Village of Tequesta.
2. The Key West Village Homeowners Association shall save, defend and hold harmless
the Village of Tequesta from and against any and all loss, suit, action, legal or administrative
proceeding, claim, demand, damage, liability, interest, attorneys' fees, costs or expenses of
whatsoever kind or nature arising in any manner directly or indirectly resulting from locating the
above referericed fence within the Village of Tequesta right-of-way.
3. The Key West Village Homeowners Association shall carry and maintain in force at
all times while the fence is in existence within the Village right-of-way, a policy of liability
insurance naming the Village of Tequesta as a named insured, said insurance to be in an amount not
less than $1,000,000.00. Proof of such insurance shall be provided to the Village annually on the
anniversary date of the insurance policy.
4. In the event the fence described herein is not maintained in a condition suitable to the
Village of Tequesta, the Key West Village Homeowners Association agrees to immediately bring
the fence into a state of repair suitable to the Village or, in the event it is not so repaired or
maintained, to remove said fence at the sole cost of the Key West Village Homeowners Association.
In the event the fence is not removed by the Key West Village Homeowners Association, the Village
of Tequesta may remove the fence and the cost of said removal shall the responsibility of the Key
West Village Homeowners Association. In the event said cost is not paid within a period of sixty
(60) days by the Key West Village Homeowners Association, each property within Key West
Village may be liened in a prorata amount to satisfy the cost to the Village.
5. In the event it is determined by the Village of Tequesta at any time in the future that
the fence shall be removed from the right-of-way, the Key West Village Homeowners Association
shall remove said fence at its cost, and in the event said removal is not accommodated, then the
Village of Tequesta may remove the fence at the cost of the Key West Village Homeowners
Association. In the event said cost is not paid within a period of sixty (60) days by the Key West
Village Homeowners Association, each property within Key West Village may be liened in a prorata
amount to satisfy the cost to the Village.
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IN WITNESS WHEREOF, the.undersigned has executed this Agreement this � day of
- �/�/lG�f , 199�. �P�Q9 ^ ' 4 ; ���,
Signed, sealed and deliv�red in the KEY WEST VILLAGE HOMEOWNERS
presence of: ,�-'� ASSO A ON
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�' t�i` _ � � /� ���, BY
Wi�ness Its �_F,Pl1�.� /
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Witness
STATE OF FLORIDA
COUNTY OF PALM BEACH �
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[� �;�;;� �, Th� farepoing instrument was aclaiowledged before me this �� � day of ��!��� ,
v� �1�}�; by !f� ; ,%;:' � _.; i. �! � ��.:� C �'C, �cc , the /.7�E�'/ ��✓yT o f KE WEST
VILLAGE HOMEOWNERS ASSOCIATON, w�ho is personally known�me, o who p roducecLi
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� ���� � -:��a�� ��. --�- - - �:���°�� as identification.
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Notary Public �
My commission expires:
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;; `� �':°`_ ii�Y �OMMI$SiON # GC 541388 �>
:;•�:�<: �.n,CPIRcS: Aprt! 25, 20DQ
'' +Rf �F��`� �onded Thro Notnry Public Underwriters
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