HomeMy WebLinkAbout1076-Mannara1101 FIRST STREET (FRED'S FRANKS)
RIGHT-OF-WAY USE AGREEMENT
THIS RIGHT-OF-WAY USE AGREEMENT (hereinafter called the "Agreement")
entered into thi day of ... 006 by and between the CITY OF SANFORD, a
Florida Municipal Corporation, whose address is 300 North Park Avenue, Sanford, Florida
32771, (hereinafter called the "CITY") and FRED J. MANNARA and MARSHA
MANNARA. whose address is 1118 Seafayer Lane Winter Springs, Florida 32708 (hereinafter
collectively called the "REQUESTOR").
WlTNESSETH:
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 CITY rights-of-way;
and
WHEREAS, the REQUESTOR has requested authorization from the CITY to utilize
and/or improve a portion of CITY right-of-way immediately adjacent to Seminole County's
property located at 1101 East First Street for a specific private purpose at the precise locations
depicted on Exhibit "A" attached hereto and incorporated herein by this reference thereto.
NOW THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, 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
(a). The purpose of this Agreement is to document agreements and conditions thereto
whereby the CITY will agree to a right-of-way use by the REQUESTOR of a portion of public
right-of-way contiguous to the Seminole County's property located at 1101 East First Street.
(b). This Agreement will only allow the REQUESTOR to operate a hot dog stand.
(c). The attachments to this Agreement is the Seminole County Property Appraiser
printout for REQUESTOR's property at the precise locations depicted on Exhibit "A'.
SECTION 3. MAINTENANCE RESPONSIBILITIES The REQUESTOR, and its
successors and assigns, shall be responsible for restoration and maintenance of the right-of-way
to its previous condition after each use and, if the REQUESTOR fails to comply with its
obligations, 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 any of the REQUESTOR's property
to recover costs of restoration and the REQUESTOR hereby consents to the imposition of such
liens.
SECTION 4. TERMINATION The CITY may terminate this Agreement with thirty
(30) days written notice to the REQUESTOR or immediately in the event of an imminent threat
to the public health, safety or welfare as the CITY determines to be present is its sole and
absolute discretion or in the event that Seminole County objects to the continuation of the
REQUESTOR's use.
SECTION 5. INDEMNIFICATION To the fullest extent permitted by law, the
REQUESTOR agrees to defend, indemnify, and hold harmless the CITY, its commissioners,
agents, servants, or employees (appointed, elected, or hired) from and against any and all
liabilities, claims, penalties, demands, suits, judgments, losses, expenses, damages (direct,
indirect or consequential), or injury of any nature whatsoever to person or property, and the costs
2
and expenses incident thereto (including, but not limited to, 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. In
consideration of, and as an inducement for, the CITY allowing the REQUESTOR to use CITY
right-of-way the REQUESTOR, as individuals and for all claimants including, but not limited to,
any and all heirs, assigns, executors, beneficiaries, administrators, customers, licensees, the
traveling public, pedestrians and any and all other claimants or legal representatives of
whatsoever type, nature or relationship, does hereby forever fully release, remiss, indemnify,
acquit, forever discharge, and hold harmless and blameless, the CITY and its officers, employees
and agents for any personal injury or property damage, of whatsoever type or nature whatsoever,
that the REQUESTOR or any claimant, as set forth above, or the successor of the REQUETOR,
or those listed above, may suffer as a result of, directly or indirectly, of the REQUESTOR's use
of CITY right-of-way. The REQUSTOR recognizes and assumes any and all risks, known or
unknown, and covenant on behalf of the REQUESTOR and all claimants, as aforementioned, not
to sue the CITY or its officers, employees and agents, or any one of them, or combination of
them. The REQUESTOR understands that there are possibilities for injury, etc., as a result of
use of the CITY right-of-way, but the REQUESTOR desires to enter this plenary release of the
City in the context of this Agreement.
SECTION 6. NOTICES Any notices required or permitted hereunder shall be in
writing and shall be deemed properly made when deposited in the United States 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 TIlE CITY: City Manager
City of Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
With a copy to:
Risk Management
City of Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
FOR TIlE REQUESTOR: Fred J. Mannara.
1118 Seafayer Lane
Winter Springs, Florida 32708
SECTION 7. EFFECTIVE DATE
This Agreement shall take effect upon the date that it is executed by both parties hereto.
SECTION 8. RECORDATION This Agreement shall not be recorded in the Public
Records of Seminole County (Land Records) and shall not constitute the granting of an interest
in real property. This Agreement constitutes only and solely a license, revocable in nature and
effect by the City, to use the City's right-of-way with the permission of the City subject to the
terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
date first written above.
ATTEST:
~/ANET OOUGHER~, CITY (~LERK
APPROVED AS TO FORM
AND LEGALITY:
CITY
LINDA KU'jqN, MAYOR
/s/ William L. Colbert
William L. Colbert, City Attorney
WITNESSES AS TO ALL SIGNATURES:
REQUESTOR
FRED'S FRANKS
FRED J. MANI~A'
MARSHA MANNARA
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
~ The foregoing instrument was acknowledged before me this 3[ day of
~_.._~ k~[('l f ,,~7~__~200.~6, by FRED J. MANNARA and MARSHA M~N~RA, who
(~"~'-are personally knol~n to me or h)ve produced r~ as
otar~Publi(~)State of Flbr'i~--'~'
Commission No. ~.~x3 ~ I ~ t~ ~
~am~ of N~ Typed, Printed or St~ped)
5
EXHIBIT "A"