1433 R-O-W Use Agrmt, 1421 Park Ave RIGHT -OF -WAY USE AGREEMENT ast
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This Agreement entered into this 4th day of October �+
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,2011 by and between the City of Sanford, a Florida Municipal i g -P1'1
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Corporation whose Post Office address is P. O. Box 1788,
N Sanford, Florida 32772 -1788, (hereinafter called the "CITY ") and �,, r
Yetta Bennett whose Post Office address is 1421 Park Avenue, ;
0 Sanford, Florida 32771,(hereinafter called the "REQUESTOR "). @ !
as
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WITNESSETH:
WHEREAS, the CITY is the owner of certain street rights -of -way within the incorporated limits
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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
0 WHEREAS, it is City policy to preserve the utility of these public rights -of -way for the above
stated purposes; and
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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 their property for a specific
private purpose.
NOW THEREFORE, in consideration of the premises herein the parties agree as follows:
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SECTION 1. RECITALS
a The above recitals are true and correct and form a material part of this Agreement upon
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Tu which parties have relied.
o SECTION 2. PURPOSE
The purpose of this Agreement is to document agreements and conditions thereto whereby
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the CITY will agree to a right -of -way use /improvement by the REQUESTOR of a portion of public
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right -of -way contiguous to the REQUESTOR's property located at 1421 Park Avenue, Sanford,
Florida 32771, legal description: LEG N 50FT OF LOT 12 WELLINGTONS ADD PB 1 PG 119.
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The Agreement will allow the REQUESTOR to maintain a wood fence , on a portion of the
public right -of -way constructed pursuant Building Permit No. 10 -1074 issued on
March 22, 2010. Any improvements to the existing fence shall be subject to the following conditions:
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A) Construction dimensions, materials, color, and details of all required improvements
shall be as approved by the City.
B) The authorized improvement shall in no way be extended or 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. MAINTENANCE RESPONSIBILITIES
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. TERMINATION
The CITY reserves the right to unilaterally terminate this 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 land 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 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:
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FOR THE CITY Russ Gibson. Planning Director
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772 -1788
FOR THE REQUESTOR Yetta Bennett
1421 Park Avenue
Sanford, Florida 32771
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.
By:
us L. Gibson, AICP
Director of Planning and Development Services
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared Russ L. Gibson who is personally
known to me and who did take an oath.
O my hand and official seal in the Con a d State last a re i this day of
, 2011.
Notary P blic, in nd for the County and
e Nis Notary Pic gds of Florida State aforementi ned.
M L Muse
y, My CommMsion EE096189
'Pr w ow Expksi 08/04/2015
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PROPERTY OWNER'S CONSENT AND COVENANT
COMES NOW, Yetta Bennett the owner(s) of the afore described property in this
Development Order, on behalf of itself and its heirs, successors, assigns or transferees of any nature
whatsoever and consents to, agrees with and covenants to perform and fully abide by the provisions,
terms, conditions and commitments set forth in this Development Order.
Si n Na a Here Sig Name Here
�r�J MC'S k,oc.a 1 "2 \(C T� 6 &-/ L /t
Pr t Nam Here P rint Name Here
Witness Owner
Sign Name Here
Print Name Here
Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowled9ments, personally appeared Yetta Bennett who is personally
known to me or who has produced 1- l— bre( 1..1 - C COS as identification and who did take an
oath.
II WITNESS my hand and official seal in the County and State last aforesaid this ,f �� day of
OCTV ne ( , 2011.
aik
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Notary P blic, 16i nd for the County and
State aforeme ti ned.
T: \Development Review \09 - Property and ROW Use Agreements \2011 \1421 Park Avenue - Yetta Bennett.doc "Sirs Notary Public State of Florida
Mary L Muse
J My Commission EE098189
'or ao Expires 08/04/2015
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