HomeMy WebLinkAbout652-Cranias-Tinhizzy 3232 0153
RIGHT-OF-WAY USE AGREEMENT SEHINOLECO. FL
This agreement entered into this ~/I day of
Florida Municipal Corporation whose Post Office address is P. O.
Box 1788, Sanford, Florida 32772-1788, (hereinafter called the
whose ~ost Office address is ~0
(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 functioHs including,
but not limited to, vehicular and pedestrian travel and land
access, and installat. ion and maintenance of various publics'-
utilities, and for conveyance, treatment, and disposal ofTM
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
legaldescription: LC~ ~ ~ ~6J C~ Z~ ~
7kq
The agreement will allow the REQUESTOR to install
~o~ o~ ~8a~me~ "~". Z~ZZ~o~/~m~To~eme~
~o ~e'~oZZo~g coBd~o~:
modified by the REQUESTOR without prior written approval
of the City.
C) REQUESTOR shall othe~ise fully comply with all
applicable portions of the City Land Development
Re~lations.
SECTION 3. ~IN'r~N~CE RESPONSIBILITIES
The REQUESTOR, and his successors and assigns, shall be
responsible for pe~etUal 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 toits
previous condition at the REQUESTOR'S expense and, if necessa~,
file a lien on the REQ~STOR's property to recover costs of
restoration.
SECTION 4. ~I~TION
The CITY rese~es the right to unilaterally te~inate this
Page -2-
(ROW Uee Agreemeu=-Revised 0=/12/97)
agreement at any time, providing notice as prescribed below. The
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 withi~
thirty (30) days of receipt of the termination notice from th~
CITY. ~
SECTION 5. INDEMNIFICATION m
TO the fullest extent permitted by law, REQUESTOR agrees to
defend, indemnify, and hold harmless the City, its councilpersons,
agents, servants, or employees (appOinted, elected, or hired) from
and against any and all liabilities, claims, penalties, demands,
suits, judgements, losses, expenses, damages {direCt, indirect or
consequential), or injury of any nature whatsoever tp 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
Page '3-
(ROW USe Agreement-Revised 02/12197)
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 thm~
agreement on the date first written above. m
THE CITY OF SANFORD, FLORIDA
· ',. a Municipal Corporation
· .
·
'~: . , OR
Print Name
AS authorized for execution by
San~)rd, C~t~ Commission at its
Meet~ , 199! Regular
WITNESS:
questor
Print Name Print Name
Date.
'T
Print Name Nam
Da
Attachment
(Agreemen=s) a:\agreemn~\ROW.Use
Page -4-
(ROW U~e Agreement-Revised 02/12/97)
I I
~ The Tin Lizzie ~ "
Angelo's Pizzeria I I Storefronts
Front Door ]
R-O~W Request Area b
,
Railing Railing
Sidewalk ^" ×
~. ~ 4'-o" [ 4'-o" t 4'-o" ~
~ ~2'-o"~ Sidewalk
Pl~ter
CHrb ~
City Trash Receptacle )
Street Lamp (Reco~end Re-locating Approx. 20' ~st)
1st Street
3-1 '03 .:]"IONIN3S
NOTE:Railing to beL ~ I 0~ e ~ eR-O-W Agreement for the Tin Lizzie
approx. 36" in height,
blackwroughtiron.i,~ Va~00a 109 W. First Street
s~3ao3~ nwm~0 Scale: 1/4"= 1 '-0"