1289 ROW Use Agrmt, Dandy Dogs 1111 111 11 111111111111111111111111111111111111111111111111
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RIGHT -OF -WAY USE AGREEMENT `r' r
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This Agreement entered into this 12th day of October, 2009 by and between the City of Sanford, i m
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N a Florida Municipal Corporation whose Post Office address is P. O. Box 1788 Sanford Florida 32772- U
M 1 788, (hereinafter called the "CITY ") and G & L Logan Enterprises LLC, (dba Dandy Dogs), wh ose Ire ` " ,
o mailing address is 2752 Ridgewood Avenue, Apt. #75, Sanford, Florida 32773. (hereinafter called the mi
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o "REQUESTOR "). r'
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cn WITNESSETH: -'
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Whereas, the CITY is the owner of certain street rights -of -way within the incorporated limits of m
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o the City of Sanford; and m
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Whereas, these public rights -of -way are held by the CITY for the benefit and general use of the
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Y public for functions including, but not limited to, vehicular and pedestrian travel and land access, and ='
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o installation and maintenance o various public utilities, and for conveyance, treatment, and disposal of CI-
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CA stormwater; and ._
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v Whereas, it is City policy to preserve the utility of these public rights -of -way for the above stated )
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Q purposes; and CD
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'a) Whereas, wr authorization is required for any private use of public lands; and
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Whereas„ the REQUESTOR has requested authorization from the CITY to utilize a portion of cp
o the public right -of -way for a specific private purpose. p.
6' Now Therefore, in consideration of the premises herein the parties agree as follows: •v;
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Section 1. Recitals - xl
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at The above recitals are true and correct and form a material part of this Agreement upon which 0
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o parties have relied.
Section 2. Purpose o
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c T he 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 located
at
Q along the south side of Seminole Boulevard more particularly described on Exhibit 'A'.
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The Agreement will allow the REQUESTOR to operate a Hot Dog Stand on a portion of the public right-
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of -way located on the south side of Seminole Boulevard more particularly described on Exhibit 'A'.
The use REQUESTOR shall be subject to the following conditions;
A) The authorized improvement shall in no way be extended or modified by the
REQUESTOR without prior written approval of the City.
B) REQUESTOR shall otherwise fully comply with all applicable portions of the City Land
Development Regulations.
C) The cart and any accessory items must occupy no more than one standard parking space
and must be located so as to not impede pedestrian or vehicular traffic or pose any danger
thereof;
D) The cart must meet all City, State and Local safety and health requirements;
E) Operation is permitted daily, between the hours of 11 am and 6 pm, except during any
city authorized or sanctioned special events, unless proper approval to participate in
the event has been obtained;
F) The approval is for this vendor only and may not be transferred;
G) The cart owner /operator must provide a trashcan and clean the area around the cart of any
miscellaneous paper or trash each day at closing;
H) The Right -of -Way Use Agreement may be revoked at any time if the conditions of
approval are not being met or if the operation is determined to be a nuisance or safety
hazard.
Section 3. Maintenance Responsibilities
The REQUESTOR, and his successors and assigns, during the periods of use, shall be responsible
for maintenance of the property granted for use under this Agreement.
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
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and, if necessary, file a lien on the REQUESTOR's property to recover costs of restoration.
Section 4. Termination
The CITY may terminate this Agreement at any time without notice to the Requestor.
Section 5. Indemnification
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, judgments, 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 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 The CITY
City Of Sanford
P. O. Box 1788
Sanford, Florida 32772 -1788
For The REQUESTOR Logan, Gary & Linda
G & L Logan Enterprises, LLC
2752 Ridgewood Avenue, Apt. #75
Sanford, Florida 32773
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.
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In Witness Whereof, the parties have made and executed this Agreement on the date first written above.
The City Of Sanford, Florida
a Municipal Corporation
ATTEST:
44-1/1 c
g Clerk Linda uhn, Mayor
',a , j /1 Date: /D -/6 - d 9
ti ,''' 1'. , , As authorized for execution by Sanford City
" i Commission at its October 12, 2009
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b ; lit.hl. u• Item 8C, Regular Meeting.
tv‘ r 1 ' 01 " G & L Logan Enterprises, LLC/REQUESTOR
:•, WITNESS:
( -.‘..4,^ By: ` \) i
Authorized Corporate Signath
EA e_ e r, +- Li-NA Le;q ru•'
Print Name Print Name V
Date: /1//3
• -. horized C ► .. ra Si: atory
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Print Name Pri ame
Date: / U / / �`� 67
STATE OF FLORIDA )
COUNTY OF SEMINOLE) II
The foregoin instrument was acknowledged before me this 1 3� day of C�C�TO bef ,
20 , by i nda, LC San and •r) \- ctc.,n , who is /are personally known to me or
has/have produced F�L 1jr e (» L c- - . w : s identification.
NOTARY PUBLIC -STATE OF FLORIDA Notary Pu i lic, Florida
• ' "y Mary L. Muse C ission No. (p 'S 2
.,;, Commission #DD685235
'• Expires: AUG. 04, 2011 a r- L. , u �
BONDED THRU ATLANTIC BONDING CO., INC.
(Nam of No Typed, Printed or Stamped)
Attachment: Exhibit `A' Sketch of Location
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Location Map
Proposed cart location area. \
(south side of Seminole Boulevard) \
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+• �� s ;� i-J Ft. Mellon Park . " " "'�,� u
SKETCH OF LOCATION
EXHIBIT 'A'