675-Yosefian /
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This
APRIL
agreement '~te~d-'. in~'e ··:this ~4th day of
, 19 ~7 ~.&~ bet'w~en the City of Sanford, a
Florida Municipal Corporation whose Post Office address is P. O.
Box 1788,1 Sanford, Florida 32772-1788, (hereinafter called t_~e
"CITY") and ,,TIME SOUARE BISTRO" OWNER RAMI YOSEFIAN
whose Post Office address is 107 MAGNOLIA AVE SANFORD FL. 32771~
(hereinafter called the "REQUESTOR").
W I TNE S S E TH:
WHEREAS, the CITY is.the. owner of certain street rights-of-way
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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
of public lands; and
WHEREAS, the REQUESTOR has requested authorization from the CD
CITY tO utilize and/or improve a portion of the public right-of-way
immediately adjacent to his (proof of ownership/interest required)
~<C~.
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 materials.
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
use/improvement by the REQUESTOR of a portion of public right-of-
way contiguous to the REQUESTOR's property located at the following
address 307 MA~NOLTA.AN~. S~L~FO~D, FL 32771
The agreement will allow the REQUESTOR to install use of
m cfnod:~_.
!
SQUARE: REAR FOR FOOD SERVICE FROM THE TIME SQUARE BISTRO ,F~)NT m
COFFEE CART SERVICE. ~ "~
on a portion of the public right-oflway in accordance with deta~s~ ?~
shown on Attachment "A". Installation/improvement shall be subject
to the following conditions:
A) Construction dimensions, materials, color, and details of
the REMOVAL TAQLES AND CHAIRS AND SPECIAL COFFEE CART.
shall be as specified on Attachment "A" .
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 othe~.~vise fully comply with all
applicable portions of the City Land Development
,e , a %on '/-,;n 'fit , q, '
~espo~sibie ~o~ pe~etual mai~t.enance of the i~p~ovement 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 toits
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 resez~es the right to unilaterally terminate this
Page -2-
·
(ROW Use Agreement-Revised 02112/97)
The
REQUESTOR agrees that upo~.rec~ip~ of z~o~iCe of termination of this
.. .: · . :: .'
agreement that he i wi.];.1. :~: ex.~.itiously remove the
installation/improvement and return the right-of-way to its
previous condition. All restoration must be completed withi~o
m
thirty (30) days of receipt of the te~ination notice from ~h~
CITY. m
SECTION 5. I~E~IFI~TION
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, judgements, losses, expenses, damages (direct, indirect or
consequential), or injury of any nature whatsoever tp 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 State 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
William A. Simmons, City Manager
CITY OF SANFOE
P. 0. Box 1788
Sanford, Florida 32772-1788
FOR THE REQUESTOR
"TIME SQUARE BISTRO" OWNER RAMI YOSEFIAN
107 MAGNOLIA AVE.
SANFORD, FL. 32771
Page
(ROW Use Agreemant-Revise~ 02/12/97)
SECTION
EFFEeTI~E I~AI~E''
This agreement Sha{.~ 't~e.'qff~e~'%~pon the date that it is
exec ted by both partie hereb:.' ..':
SECTION 8. RECORDATION
The agreements contained in this document shall be perpetual
and run with the land. This document shall be recorded in the CO
official records of Seminole County.
IN WITNESS WHERETO, the parties have made and executed
agreement on the date first written above.
Prin6 Name
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
BY"~~R~ A .%ALE, MkY0~~R
ate: ge- 'T/q 7
W ESS:
BERNARD A.Fitzqerald
Print.Name
As authorized
San~ord City
for execution by
Commission at its
, 199.7 Regular
By ': '''¢' ' '~.. ( R,j~
Rami Yosefian
Print Name
Date:
April 25th ,1997'
Print Name
By:
'(Requestor)
Print Name
Date:
Attachment
(Agreements) a: \agreemnt\ROW. Use
Page -4-
{ROW Use Agreement-Revised 02112/97)
MARYANNE HORSE
CLERK OF
5:5:037
SEMINOLE COUrNTy. fL,,..,
RECORDED & VERtF,ED
2OOO JUN 15 AM 8:0 2
TERMINATION OF AGREEMENT
COUNTY INSTRUMENT NO. 068309
o
o
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RE: RIGHT-OF-WAY USE AGREEMENT dated April 24, 1997, recorded in Official
Records Book 3258, Page 1117, Public Records of Seminole County, Florida, with
"Time Square Bistro" owner Rami Yose~an
107 Magnolia Avenue
Sanford, FL 32771
KNOW ALL MEN BY THESE PRESENTS, that CITY OF SANFORD, FLORID& the
o~md h~Ihat certain fight-of-way described in said agreement has unilaterally
term:~'hated 's~:.'l~..eement on May 22, 2000.
City Clerk, City of Sanford
P. O. Box 1788
Sanford, FL 32772
CITY OF SANFORD, FLORIDA
BY: ~arry A. Dale~