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1434 R-O-W Use Agreemt: 1505 Park Avenue RIGHT -OF -WAY USE AGREEMENT This Agreement entered into this 1 day of Oc= TUCX'1 , 4. * 2011 by and between the City of Sanford, a Florida Municipal r� Corporation whose Post Office address is P. O. Box 1788," g ; '! N Sanford, Florida 32772 -1788, (hereinafter called the "CITY ") and 51 a Brenda Cioe whose Post Office address is 1505 Park Avenue, , * m N L " Sanford, Florida 32771,(hereinafter called the "REQUESTOR "). E w Q WITNESSETH: WHEREAS, the CITY is the owner of certain street rights -of -way within the incorporated limits a 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 0 WHEREAS, written authorization is required for any private use of public lands; and C.5 WHEREAS, the REQUESTOR has requested authorization from the CITY to utilize and /or a) 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: SECTION 1. RECITALS w Q The above recitals are true and correct and form a material part of this Agreement upon 0 which parties have relied. a) o 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 as right -of -way contiguous to the REQUESTOR's property located at 1505 Park Avenue, Sanford, Florida 32771, legal description: LEG LOT 12 (LESS N 50 FT) & N 4 FT OF LOT 13 2 WELLINGTONS ADD PB 1 PG 119. m 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. 07 -3101 issued on August 30, 2007. Any improvements to the existing fence shall be subject to the following conditions: a a 1 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: 2 FOR THE CITY Russ Gibson. Planning Director CITY OF SANFORD P. O. Box 1788 Sanford, Florida 32772 -1788 FOR THE REQUESTOR Brenda Cioe 1505 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 0.........Loaizqn__ uss . Gibson, AICP Direct r 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 W TNESS , my hand and official seal in the Cou % day of ��O� 2011. d State last afo s is `7' Notary Public, i nd for the County and State aforeme oned. ; er''' Ni Notary Public Stale a Florida . ` f : Mary L Muse My Commission EE096189 40, rc Expires 08/04/2015 Q.. w 3 PROPERTY OWNER'S CONSENT AND COVENANT COMES NOW, Brenda Cioe 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 covenan : to ti - • • • and fully abide by the provisions, terms, conditions and commitments set forth in thi • evelopment O der. , A 11.7 Sign Name Here Si. Name Here CJ OE Print Name Here Print Name Here Witness Owner "1 .1"4 Sig Na ere Print Nance 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 acknowledg ent personally appeared Brenda Cioe who is personally known to me or who has produced f L V . L. cezoc as identification and who did take an oath. WITNESS my hand and official seal in the County and State last aforesaid this ' day of DC- 10 er , 2011. Notary blic, i nd for the ounty and State aforemen ' ned. T: \Development Review109- Property and ROW Use Agreements\2011 \1505 Park Avenue - Brenda Cioe.doc je Na Notary Public stale or Florida G a My C ommission EE096189 or nPr Expires 08/04/2015 4