HomeMy WebLinkAbout651-Cranias-Angelos RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this I ~b~_ day of
, 19~ Z by and between the City of Sanford, a
Florida Municipal Corporation whose Post Office address is P. O.
Box 1788, Sanford, Florida 32772-1788, (hereinafter called the
"City") Chris S. and Amanda Cranias
whose Post Office address is 30 Stone Gate, Longwood, FIX
32779-3018 (hereinafter called the "REQUESTOR")~
WITNESSETH:
WHEREAS, the CITY is the owner of certain street rights-of-way
within the incorporated limits of the City of Sanford; and
WHEREAS, these public rights-of-way are held by the CITY for
the benefit and general use of the public for functions including,
but not limited to, vehicular and pedestrian travel and land
access, and installation and maintenance of various public
utilities, and for conveyance, treatment, and disposal of
stormwater; and
WHEREAS, it is City policy to preserve the utility of these~
public rights-of-way for the above stated purposes; and
WHEREAS, written authorization is required for any private use
of public lands; and
WHEREAS, the REQUESTOR has requested authorization from the~
CITY to utilize and/or improve a portion of the public right-of-way~
immediately adjacent to his (proof of ownership/interest required)
property for a specific private purpose.
NOW THEREFORE, in consideration of the premises herein the
parties agree as follows:
SECTION 1. RECITALS
The above recitals are true and correct and form a material
part of this agreement upon which parties have relied.
SECTION 2. PURPOSE
The purpose of this agreement is to document agreements and
conditions thereto whereby the CITY will agree to a right-of-way
use/improvement by the REQUESTOR of a portion of public right-of-
way contiguous to the REQUESTOR'S property located at the following
address 107 W. First Street, Sanford, FL 32771
legal description: Tax Parcel ID# 25-19-30-5AG-0304-0020
The agreement will allow the REQUESTOR to install iron fencing on
the Sidewalk, directly in front of Angelo's Pizzeria
on a portion of the public right-of-way in accordance with details
shown on Attachment "A". Installation/improvement shall be subject
to the following conditions:
A) Construction dimensions, materials, color, and details o~m
the Fencing ~
shall be as specified on Attac~ent "A". ~
B) The authorized improvement shall in no way be extended ~
modified by the REQUESTOR without prior written approval
of the City.
C) REQUESTOR shall otherwise fully comply with all
applicable portions of the City Land Development
Regulations.
SECTION 3. ~INTE~CE ~SPONSIBILITIES
The REQUESTOR, and his successors and assigns, shall be
responsible for perpetual maintenance of the improvement installed
under this agreement. This shall include maintenance of the
improvement and unpaved portion of right-of-way adjacent thereto.
REQUESTOR may, with written City authorization, remove said
installation/improvement fully restoring the right-of-way to its
previous condition.
If the REQUESTOR does not continuously maintain the
improvement and area in accordance with previously stated criteria,
or completely restore the right-of-way to its previous condition,
the CITY shall, after appropriate notice, restore the area to its
previous condition at the REQUESTOR's expense and, if necessary,
file a lien on the REQUESTOR's property to recover costs of
restoration.
SECTION 4. ~I~TION
The CITY reserves the right to unilaterally terminate this
agreement at any time~ providing notice as prescribed below. The
Pa~-2-
(ROW Use A~e~t)
REQUESTOR agrees that upon receipt of notice of termination of this
agreement that he will expeditiously remove the
installation/improvement and return the right-of-way to its
previous condition. All restoration must be completed within
thirty (30) days of receipt of the termination notice from the
CITY.
SECTION 5. INDEMNIFICATION
TO the fullest extent permitted by law, REQUESTOR agrees ~
defend, indermnify, and hold harmless the City, its councilperson~
agents, servants, or employees (appointed, elected, or hired) fr~
and against any and all liabilities, claims, penalties, d m n ~
e ads,
suits, judgements, losses, expenses, damages (direct, indirect or
consequential), or injury of any nature whatsoever to person or
property, and the costs and expenses incident thereto (including
costs of defense, settlement, and reasonable attorney's fees up to
and including an appeal), resulting in any fashion from or arising
directly or indirectly out of or connected with the use of the
City's right-of-way.
SECTION 6. NOTICES
Any notices required or permitted hereunder shall be in
writing and shall be deemed properly made when deposited in the
United State mail, postage paid, and addressed as set forth herein,
or at such other address as shall have been specified by written
notice to the other party delivered in accordance herewith:
FOR THE CITY William A. Simmons, City Manager
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
FOR THE REQUESTOR Chris S. and Amanda Cranias
107 West First Street
Sanford, FL 32771
Page -3-
(ROW Use Agre~--~nt)
~-~
SECTION 7. EFFECTIVE DATE
This agreement shall take effect upon the date that it is
executed by both parties hereto.
SECTION 8. RECORDATION
The agreements contained in this document shall be perpetual
and run with the land. This document shall be recorded in the
official records of Seminole County.
IN WITNESS WHERETO, the parties have made and executed this
agreement on the date first written above.
~ ...... - THE CITY OF SANFORD, FLORIDA
~ ;, a Municipal Corporation
OR
Date: e/ d
Print Name
As authorized for execution by
Sanford City Commission at its
Mex~eti~ngM ~D , 199--7 Regular
WITNESS:
--/~ \ r
Print Name Print a e
Print Name Pr
ate:
Attachment
06/01/95
(Agreements) a:\agreemnt\ROW. use
Page -4 -
(ROW Use ~nt)
323~ 0162 i
sE~INoLt' c0. FL Angelo's PizzeriaiStorefronts
,
~ Railing Railing
v 18'~2"
' 12'-0"
~' Sidewalk × Planter
" /
~{Curb Street Lamp
(
1 st Street
· R-O-W Agreement for Angelo's Pizzeria
"' 107 W. First Street
"- Scale: 1/4"= 1 '-0"
4--15-1997 l:19F'ivl FRO" ~ N-- 6~'I F'.2
i~i!._A.C_QBO,. CERTIFTE OF'LIABILITY 'INSU NCE .~,,.~,,~,°"~""'"""""'
........ .............· .... 04/15/91
PRODUCER THIS CERTIFICATE IS I$$UrD A~ A MATTER OF INFORMATION
ONLY AND CONI-e~ NO RIGHT~ UPON THE CiiRTIFICATE
SZR'b}~ Z]Rf, OR,~C~ GROOP, ZNC. z HOU)ER, THIS CERTIRCATE DOES NOT AiD. EXTEND OR
Z:'. O. iOX 3.60398 AtTERTHECOV~RAGEAFFORDEDIyTHIEPOLICIESBELOW.
,JUaTIZiONTi SPR'~NGS FY., 3273.6 COMPANES AFFORDING COVERAGE
,~e..,9~._4.07-869-0962 ~. m~ 407-774-093~ A !er~e ~,-ur~n~e ero1~
0
· tll~*S I:'TZZ~ C
A X COMMERCIALGENERALUAStLrrY SNZ~109999 04/23/97 04/23/98 PRODUCI'~-COMPIO;'AGG t~900,000.
~ ' tc,...,~M,.o; (~occu. ..so...~.&.ov,,~,,.,.',, ,3oo,oo0,
A Co:rit:en.t:s 9N9109999 04./23/96 04/23/97 Ded..$500 3.0,000
A Zmg~'ov. & let..t. erm. S/1~3.09999 04/23/96 04/23/9'7 ~:0,000
~'.0. BOX 1788
SNfJ?OI~) tel 32772-1788 OReeesefrKnvas
/t_ 15-1997 I = 20PM FROM
PR~v~e~ tHiS CERTIFICAll~
· ~OX ~60~98 ~Y~ ~E ~V~BE AF~RD~ BY
D~e11 G, D~ore COMPANY
~. i0V-869-0962 t~",. 407--77i-0936 A Seffice Ins~ G~oup
B
107 W. let. Street
S~ford FL 32771 D
CmMERC~AL~L~eaU~ S~109999 0~/23/96 0&/23/97 ~0OUC~-COMP~PA~
O~ER'S & CONmACTOR'S .R~ ~CH 0CCURR~CE
C~C~CS ~109999 04/23/96 04/23/~7 Dad. $500 10, O00
I~rov. i Be~Eem. ~109S99 04/23/96 04/23/97 ~0,000:
L~ FL 32772-1788 .
Sanfo d, Flori
P.O. Box 1788 - 32772-1788
Telephone (407) 330-5601
Fax (407) 330-5666
March 4, 1997
Mr. Theordore M. Cranias
Angelo's Pizzeria
107 West First Street
Sanford, Florida 32771
RE: Right-of-Way Use Agreement for Installation of Iron Fencing Around a Portion of
Public Sidewalk in Front ofAngdo's Pizzeria
Dear Mr. Cranias:
Your Right-of-Way Use Agreement request has been reviewed by the City Commission
and conceptually approved subject to you providing an insurance certificate listing City of
Sanford as an additional named insured. We have received a suitable certificate of insurance
from Siele Insurance Group, Inc.
In processing final documentation for this Right-of-Way Use Agreement, it has come to
my attention that the legal owner of record of the property at 107 West First Street is Chris
S. and Amanda Cranias of Longwood, Florida. (Please see the attached Seminole County Tax
Assessor's record.) It is the policy' ofthe City to execute Right-of-Way Use Agreements'only
with property owners of record. Forwarded herewith is a re-drawn Right-of-Way Use Agreement
for execution by the owners of record. Please arrange to have this document executed by them
and retum to me for final processing.
Please contact me if you have any questions regarding this matter.
~20nS, P.E.
City Manager
WAS/aed
Attachment
co: City Clerk /
(#7CM)a:~lette~.OW-Ange.los
"The Friendly City"
,4-15-1997 1 -'lgPM FROM
· 4~.._~ INSURANCE gROUP
' SII,,~:E 1~74
To:
Sihle~nsumnce Group
Box 160398,32716 · 871 Do~ Avenue · Altar, ,~ng~, FL · ~ ~62, ~ 4~-774~3~
Sanford, Flot'Tda
RO. BOX 1788 ° 32772-1788
Telephone (407) 330-5601
Fax (407) 330-5606
June 3, 1997
Mr. Chris Cranias
30 Stonegate South
Longwood, FL 32779
Dear Chris:
As requested, please find enclosed a copy of the recorded Right-of-Way Use Agreement
for Angelo's Pizzeria, 107 W. First Street.
If you need further information, please do not hesitate to call me.
Sincerely,
City Clerk
JRD/cp
attachment
Friendly City"
C_j t Sanford, Florid
P.O. Box 1788- 32772-1788
Telephone (407) 330-5601
Fax (407) 330-5666
April 17, 1997
Chris and Amanda Cranias
30 Stone Gate
Longwood, Florida 32779-3018
lIE: Right-of-Way Use Agreement for 109 West First Street
(Installation of Iron Railing)
Dear Mr. and Ms. Cranias:
I am pleased to advise you the Sanford City Commission, on April 14, 1997, approved
execution of the Right-of-Way Use Agreement you requested. Conditions of approval were as
follows:
1) The owner or operator of the business will provide the City evidence of liability
insurance in the amount of $200,000. O0 per occurrence with City of Sanford listed as
an additional named insured. A copy of the insurance certificate is required.
This coverage must be maintained at all times.
2) The operator of the business will keep the sidewalk in from of the establishment,
including the area surrounded by the railing and the remaining portion of the sidewalk
clean at all times.
By copy of this letter, Ella J. Linnon is advised of these requirements. The Right-of-Way Use
A~eement will be executed by the City and recorded upon receipt of the required insurance
certificate. Copies of the recorded agreement will be provided you and Ms. Linnon following
recordation.
Very truly yours,
City Manager
WAS/acd
co: Ella J. Lhmon
1430 Jaguar Circle
Apopka, FL 32712
City Clerk
(#7CM)a:XletiefiROW-Cranias.~
"The Friendly City"
A.C_OR_D. CERTIFICATE OF LIABILITY INSUR""NCE
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
SIHLE INSURA."~TCE GROUP, INC. I HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
P. O. BO~ 160398 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ALTA~ONTE SPRINGS PL 32716 COMPANIES AFFORDING COVERAGE
COMPANY
Ph0neNo. ~07-869-0962 FSXNO. ~07-77~-0936 A Colony Insurance Company
INSURED COMPANY
/ B
COMPANY
Tin Lizzie Tavern & DeZi C
109 W. 1st. Street COMPANY
San~ord FL 32771 0
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAfN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
A X COMMERCIALGENERALUABILITY MP1497040 02/07/97 02/07/98 PRODUCTS*COMP/OPAGG 8500~,000
~ CLAIMS ~ADS [] OCCUR P~aSO,AL ~ AOV INJURY * 5 0 0, 0 0 0
OWNER*S & CONTRACTOR'S pROT EACH OCCURRENCE * 500 · 000
CERTIFICATE HOLDER IS NAMED AS ADDL. INSURED UNDER THIS POLICY
CITY OF SANFORD
APPLIC ON FOR CERTIFICATE OF APPROPRIATENESS ~i!~'~'i~:i!
HISTORIC PRESERVATION BOARD
DATE:
SITE IS PART OF: [~OWNTOWN COMMERCIAL HISTORIC DISTRICT
[] OLD SANFORD HISTORIC RESIDENTIAL DISTRICT
SITE ADDRESS: /(-)~ /~/' ~;~
sus~ss o~ s~ ~: ~ ~/, z~ ,' c ~x ~ ~ ~/,'
T~ PARCEL NO.:
OWNER'S ADDRESS: 7~ ~/~
CI~: /~?~ STATE: ~/ ZIP CODE:
TELEPHONE: (~2) ~[- ~ ~ WORK: [/~? ~ F~ ~ / J
APPLI~NTS N~E: ~ f~ ~ ~ ~
APPLI~N~S ADDRESS:
CI~: STATE: ZIP CODE:
TELEPHONE: ( ) WORK:
Describe all changes in design, material, coloO or location to the e~erior of building & propeW.
A~ach additional pages if necessa~. Submit a site layout or drawing br each reque~.
- ~ ~ ~,'/~,~,
For the projects indicated, the following support data is required:
[] Sample paint pallets for all paint color requests.
[] Photographs of existing structure and impact areas.
[] Full set of working drawings as required for building permits.
NOTE: Approved Application is valid for 6 months. Application is subjed to renewal by Historic Preservation Board.
Approved Application Shall be Posted on trudd, u~
Owner's Signature: ~ Date:
OFFICIAL USE ONLY //'~/~/7 ~ '
Minor Review Date: Historic Preservation Board M~ting Date:
six Month Review Date: Complete: [] Incomplete: []
APPLICATION FOR
APPLICATION IS: CERTIFICATE OF APPROPRIATENESS
CFrY OF SANFORD
[] DENIED P.O. Box 1788
~APPROVED Sanford, FL 32772
APPROVED WITH CONDITIONS: (407)330-5672
.m(e~s) Signature of Administrati:;e O~ici : _ :
White Copy-Engineering &Planning; Yellow C .; Pink Copy-Code Enforcement; Gold Copy-Customer