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RIGHT-OF-WAY USE AGREEMENT
This Agreement entered into this~day of _~ ' 2007 hy and between the City of
Sanford, a Florida Municipal Corporation whose Post Office address is P. O. Box 1788, Sanford, Florida
32772-1788, (hereinafter called the "CITY") and Dot?: Dav Afternoon Inc. whose Post Office address is 1015
Slit?:h Blvd.. Orlando Fl32806 ,(hereinafter called the "REQUESTOR").
WITNE S SETH:
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 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 uselimprovement by the REQUESTOR of a portion of public right-of-
way contiguous to the REQUESTOR's property located at the following address 200 S. Mvrtle Avenue.
legal description: LEG E 1/2 OF LOT 1 BLK 4 TR 6 TOWN OF SANFORD PB 1 PG 58 and LEG
LOTS 2 + 3 BLK 4 TR 6 TOWN OF SANFORD PB 1 PG 58
F:\SHA_ENG\Development Review\09-Property and ROW Use Agreements\ROW agree 200 S. myrtle.doc
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The Agreement will allow the REQUESTOR to provide for certain site improvements on a portion of the
public right-of-way as shown on Attachment "A", subject to the following conditions:
A) The authorized improvements and use 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) No permanent structures are to be constructed in the right-of-way other than the necessary
street / curbing improvements as required by Attachment "A".
D) REQUESTOR shall not extend / install or otherwise impose or further encroach into or onto
the right-of-way other than to the extent of the attachments of this agreement.
E) The proposed agreement involves the improvements to include on-street parking with a clear
unobstructed intersection view buffer of (15) from the intersection, sidewalk curb ramps and
one handi-capped space near the entrance of the building.
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. Any costs associated with this termination and restoration will be bourne by the
REQUESTOR and, if necessary, file a lien on the REQUESTOR's property to recover costs of restoration.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by law, REQUESTOR agrees to defend, indemnify, and hold harmless
F:\SHA_ENG\Development Review\09-Property and ROW Use Agreements\ROW agree 200 S. myrtle.doc
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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 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
THE REQUESTOR
SECTION 7. EFFECTIVE DATE
Robert "Sherman" Yehl , City Manager
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
Emily Sch1anskv
1015 Sligh Blvd.
Orlando, Florida 32806
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.
-.
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
~~. ~~
Lin Kuhn, MAYOR
Date o.!ltJy,LI~ d~.;;2 t1P7
F:\SHA_ENG\Development Review\09-Property and ROW Use Agreements\ROW agree 200 S. myrtle.doc
3
As authorized for executio by Sanford City Commission at
its 'L ., 2007 Regular Meeting.
WITNESS:
RESPONDENT:
~ ~~2f-"~
~~.h.....@' W~\~~ ,
Print Name
By:J7l'i1be ~ 1WMlJ.:rfI3rk-
(Re stor) / . l)
_&'N~~, l~v1(r
Pn Name
Date:~ o()l
(Requestor)
/
//
By:
Print Name
/'
Print Name /
/
../
Date: ~'
'"
STATE OF FLORIDA)
COUNTY OF SEMINOLE)
The foregoing instrument was acknowledged before me this ).. 0' r I-i- day of
F!I>/t.t1/4-t-Lh ' 20l.L, by &t~(L'1 ~CHUiNs:~d
who is/are persona ly known to me or has/have produced r-LIJL. !<{(-z. z..o I ~f"it V II
as identification.
Commission No.
1'","' I'II~ JULIAN LAMAR FOLSOM
~ '" MY COMMISSION # DD53461S
e13,2010
Off\.1\
(407) 396-0153
Florida Notary Sarvlce.com
(Name of Notary Typed, Printed or Stamped)
Attachment: Exhibit A
F:\SHA_ENG\Development Review\09-Property and ROW Use Agreements\ROW agree 200 S. myrtle.doc
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