1212-Site Unseen Inc.
RIGHT-OF-WAY USE AGREEMENT
This Agreement entered into this~day of~, 2008 by and between the
City of Sanford, a Florida Municipal Corporation whose Post Offi~e address is P. O. Box 1788,
Sanford, Florida 32772-1788, (hereinafter called the "CITY") and Site Unseen Inc.. Albert
Zufelt. Trustee. whose Post Office address is 343 New Waterford Place. Lon2Wood. FL
32779,(hereinafter called the "REQUESTOR").
WIT N E SSE T H:
~
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 seeks authorization from the CITY to utilize and/or
improve a portion of the public right-of-way immediately adjacent to his property for a specific
private purpose.
NOW THEREFORE, III consideration of the premises herein and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledge, 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 applicable conditions, whereby the CITY will agree to a right-of-way use/improvement by
Page 1 of 5
the REQUESTOR of a portion of public right-of-way contiguous to the REQUESTOR's property
bearing the address 918 West 1st Street. with a legal description as follows:
Bet:!:in at the Northeast corner of First Street and PODlar Avenue. thence run
East 150'. then North 638'. thence West 150'. thence South 638' to the Point
of Bee:innine: and the South ~ of the vacated street adiacent on the North
Section 25. TownshiD 19 South. Rane:e 30 East. as recorded in the Public
Records of Seminole County. Florida
this Agreement authorizes the REQUESTOR to provide for specific site improvements on a
portion of the public right-of-way as specifically shown on Exhibit "A", which is incorporated
herein by reference, subject to the following conditions:
A) The proposed agreement involves the specific improvements shown in Exhibit
"A" to wit: paved surface parking, landscaping and associated access drives.
B) No FUTURE permanent structures are to be constructed in the right-of-way other
than the specific site improvements shown in by Exhibit "A".
C) REQUESTOR shall not extend / install or otherwise impose or further encroach
into or onto the right-of-way other than to the extent shown in Exhibit "A".
D) The owner, at its sole expense shall remove, repair and lor maintain said
improvements in a manner acceptable to the City.
E) REQUESTOR shall otherwise fully comply with all applicable requirements of
the City Land Development Regulations.
F) The authorized improvements and use shall in no way be extended or modified by
the REQUESTOR without prior Written approval of the City.
SECTION 3. MAINTENANCE RESPONSIBILITIES. The REQUESTOR, and its
successors and assigns in interest, shall be responsible for perpetual maintenance of all
improvements installed under this Agreement. This shall include maintenance of the
improvements and the unpaved portion of right-of-way adjacent thereto. REQUESTOR may,
with written City authorization, remove said installation/improvements and fully restoring the
right-of-way to its previous condition as of the date of this Agreement.
Page 2 of 5
If the REQUESTOR does not continuously maintain the improvement and adjacent area
III accordance with previously stated criteria, or completely restore the right-of-way to its
previous condition when required, the CITY shall, after appropriate notice, restore the area to its
previous condition at the REQUESTOR's expense and, if necessary, file a lien encumbering the
REQUESTOR's property to recover costs of restoration and all administrative costs germane
thereto.
SECTION 4. TERMINATION. The CITY reserves the right to unilaterally terminate
this Agreement at any time, providing notice as required below. Any costs associated with the
termination and restoration of the Right-of-Way will be paid by the REQUESTOR. If necessary,
the City shall file a lien encumbering the REQUESTOR's property to recover costs of restoration
and all administrative costs germane thereto.
SECTION 5. INDEMNIFICATION.
To the fullest extent permitted by law,
REQUESTOR agrees to defend, indemnify, and hold harmless the City, its officers, 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
and assessable costs including appeals), resulting in any fashion from or arising directly or
indirectly out of or connected with the use of the City's right-of-way as agreed herein.
SECTION 6. NOTICES. Any notices required or permitted hereunder shall be III
writing and shall be deemed properly transmitted 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 Manager
CITY OF SANFORD
P. O. Box 1788
Sanford. Florida 32772-1788
Page 3 of 5
THE REQUESTOR
Zufelt. Albert. Trustee
343 New Waterford Place
Longwood. Florida 32779
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 Public Records
of Seminole County, Florida. The agreements contained herein shall run with the land until
released by the City.
(Intentionally blank)
Page 4 of 5
IN WITNESS WHERETO, the parties hereto have executed this Agreement on the date
and year first written above.
Attest:
~wf ((. fk#-Itv~
net Dougherty, City Clerk
As authorized for execution by Sanfordjiity
Commission at its <fM1t,4-f 'Z'lJ '-,
2008 Regular Meeting.
WITNESSES:
~7:fJ6 -
Sig ure 0-
LVnrJ Del< M'r::;>u=r
pnn(Name #
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Signature ,
t2 J..Jlh-I> j"p,< v I ,.-T
Print Name
STATE OF FLORIDA)
COUNTY OF SEMINOLE)
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
~k~
Linda Ku , Mayor -
eJ( - 30 -OfJ
Date
REQUESTOR: Site Unseen, Inc., Albert
Zufelt, Trustee
/-.:1--)" - Og'
Date
The foregoing instrument was acknowledged before me this -CO- day of
, 2008, by Albert Zufelt, as Trustee of Site Unseen, Inc. 0 who is
to me or ~ho has produced F L D L.
Attachment: Exhibit A, Site Plan
Page 5 of 5
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CONCRETE I
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2 GUTTER
(CANNa OPEN) 11'4
w. STATE ROAD 46
A/K/ A FIRST STREET
60' RIGHT OF WAY (P)
82' RIGHT OF WAY (M)