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820-Hoogland Orlando Inc OFFICIAL RECQpI~E BO0~. 3882 08'7 , RIG~!_-OF~WAY USE AGREEMENT SEHIHOLE.CO,,FL This Agreement entered into this /~ day of .~ ~~ , ~. by 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 Hoogland Orlando, Inc.' whose Post Office address is 602 E...Church Street, Orlando, FL 32801 (hereinafter called the "REQUESTOR"). H I ~NE S S E TH: 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 0 el' F-' the benefit and generaluse 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 (1) 0 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: tn o 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 OFFICIAL RECOi~E "" 3882 08 5 use/improvement by the REQUESTOR of a portion o%[~~..~ght-of- way contiguous' to the REQUESTOR' s property located at the following address ......ll,.2-.1.16.W.:First Street, Sanford-, FL 32771 legal description: see Attachment "B" The Agreement will allow the REQUESTOR to install a diesel generator to provide aD emerqencv power source. on a portion of the public right-of-way in accordance with details shown on Attachment "A". Installation/improvement shall be subject to the following conditions: A) Construction dimensions, materials, color, and details of ~he DieselGenerator shall be as specified on Attachment "A". · B) The authorized improvement shall in no way be extended or modifiedby the REQUESTOR without prior written approval of the City. C) REQUESTOR shall otherwise fully comply with all applicabIe portions of the City Land Development Regulations. SECTION 3. MAI~TENkNCE 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 bhe REQUESTOR's property to recover costs of restoration. Agreement Revision, Da~e~ 2/98) OF~ICtAL RECORDS 3882 08?6 The CITY reserve~ the right to unilaterally te~Tninate this ~greement at any time,' providing notice'a~ 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 right-of-way to its previous condition. All restoration must be completed within thirty (30) days of receipt of the termination notice from the CITY. SECTION 5. INDEMNIFICATTON 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, sui{s, 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. ~OTTC~R 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: FORTME CITY Tony.VanDerworp. City Manager CITY OF SANFORD P. 0. Box ~788 Sanford,' Florida 32772-~788 Pege -3- (ROw ~ma Xgremmen~ Rmvimion, D~tmd 2/98| FOR THE REQUESTOR Ch~ries. J. Mitchell, Jr. First Capital . _.- ~. 602 E. "Church Street Orlando,. FL 32801 OFFICIAL BOOK 3882 087 SEMINOLE CO.. FL SECTION 7. EFFECTIVE DATE This Agreement shall take.effect upon the date that it is executed by both parties hereto. SECTION 8. ~ECORD~TIO~ 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. ATTEST: Print Name "~ ~,, ......... T~E CITY OF SANFORD, FLORIDA a Municipal Corporation By: Date: As authorized for execution by ~ Regular M ring. (~OW ~ee A~oemenb ~eY~elo~, Da~ed WITi~ESS ~ Print Name rint Name Date: · .~ i~ql0D. SHAYNE A. BOGGS OFFICIAL B00~, RECO~0'gE 3882 08!8 SEHINOLE CO.. FL (Requestor) By :. Print Name Print Name Date: STATE OF FLORIDA ) COUNTYOF SEMINOLE ) ' The foregoing instrument was acknowledged before me this · day of ~ , 2000 , by ..-~.ekc~jc.'~ 5. eA~e~SbL and , who is/are ~onally known to me~or has/have produced . = __ as idennitication. SHAYJ~E A. BOGGS Notary Public, State of Ftor(d8 My Cornre. '[xp. Aug. 03, 2009 Cornre. No. CC764226 Notary Public, State of Florida Commission No. -~L ...... ...... . SHAYNE A. BOGGS (~me'Of N~'earyTyped, Printed or Stamped) Attachment (ROW OSe Agrlemeut Revision, Dated 2198) ~?,OFFtCtAL RE'C~' ...... ~3'882 0879 ,,.:SEMINOLE CO,0FL MERCIAL STREET 66' N 89' 59 '43'E BRICK ROAD ~AIL IN SIDEWALK CORNER IS 0.29'F PROPERTY ...i ] CONCRETE · SIDEWALK L7 SPR I NKLER IN 4 [SEE DETAI L ,~ PLATTED R/W VACATED ALLEY .t.. O.R.B. 1170. PG. MO99 I J _.10 . o::Uj(D " J u.:: (.) > c;;,, CONCRETE S I DEWAL K FND NAIL A CAP LB 220 2 STORY BRICK BUILDING '0 ASPHALT ::.:2 ~.:.._:Ei~:~bt'l,LALLEY TYP ) STREET 2 BRICK IOMML~CIAL BU IJL:,D I NG L2 CONCRETE $ ~DEWALK e IT, G'IBILtTY tn'NSATISFACTORY FOR MICROFILMING BLOCK 2 35.88' NAIL AT FAC~ BUILDING ASPHALT PARKING LOT 00' O0 ' E DETAi L AI LI I~ LI ' D ~' P.O.B FND °X' CUT / ACE SOUTHEAST CORNER. LOT PLATTED R/W ROAD ASPHALT Clir~!C~A' 3882 0880 SEItINOLE C0..FL ATTACHMENT "B" Beg;n at the Southeamt corner of LOT 8. BLOCK 2. TIER 4. SANFORD. FLORIDA. according to E.R. TRAFFORD'S l',b~P thereof as recorded in Plat Book 1. Page, 56 to 64. Public Records of Seminole County. Florldo. thence run N.gOaO0'O0' W., 50.75 feet: thence run S.8g'50'i2' W.. 36.47 feet: thence run N.00'02'48' E.. 0.10 Feet: thence run N.gO'OO'OO'W.. 0.19 Fee!: thence run N.O0°OI'I3' E.. 222.48 Feet: thence run N.89'59'08' E.. 6.44 feet: thence run N.45'32'35' E.. 0.15 Feet: thence run N.Sg'Sg'24' E.. 45.15 Feet: thence run 5.00'00'36' E.. O. lO feet: thence run N.Sg'Sg'08' E.. 9.90 feet: thence run S.O0'Ol'13' W.. 117.90 feet: thence run N.Sg'Sg'24' E.. 26.04 Feet: thence run S.O0'Ol'll' W.. 104.46 feet: thence run S.89'50'12' W.. 0.24 Feet: thence run S.O0*OI'I3' W.. 0.14 Feet to the Point of Beginn~ng. Containing 16435.2760 ,quare Feet {0.3773 acre). ¢b//~' T/,,~ ~, /'aA/L/C//-, .,';.- ~ 2---"'~7""""2 · ~glBILtTY UNS:ATISFACT.OP, Y.' FOR MtCROEILMING . 2 · MODEL TP-60 OFFICIAL REC~E 3882. 0882 SEHINOLE 43 I!o~1 ~ ITQI Engine Specifications Engine Model Standby HP ~ 1800 RPM Number of Cylinders Displacement Bore Stroke Aspiration Engine Type CompresSion Ratio Replaceable Dry Type Cylinder Liners Heavy Duty Cast Alloy Cylinder Head Forged Steel Dynamically Balanced Crankshaft Rotary Injection Pump with Mechanical Governor Perkins T4.236 85 4 236 cu in (3.86 !itres) 3.875 (98.4mm) 5.0 (127ram) Turbocharged In-Line 4 Cylinder 16:1 COMPUTER POWER SYSTEMS, INC. 200 State Road 419 WInter 8pdngs, FL 32708 (401) 327-7373 Fax (407) 327-7333 Optional Equipment Battery Rack & Cables Battery Trickle Charger Main Line Circuit Breaker Manual Transfer Switch Automatic Transfer Switch Auto Start Control Over Speed Shutdown Jacket Water Heater Single Phase Skid Base Stainless Steel Flexible Exhaust Connector Residential Muffler Critical Silencer Trailer Mounting Fuel Tank Enclosure Paralleling Electronic Governing Export Boxing Shipping Characteristics Three Phase Unit Export Boxed Weight 1713 !b (786 kg) Cube I.~ 72 [1829l W= 34 [8641 H= 51 {1295] Shipping Weights & Dimensions May Vary With Options Dimensions For Three Phase Unit Above Are: inches [mm] T!Z4DEM/INDS® 3882 0883 ~[HiROL[ CO..FL DIESEL GENERATOR SET MODEL TP-60 'll Perkins 68 117271 . 3 Phase Power Ratint, s ~ .8 Power Factor Cycles Standby Prime 60 Hz 60 KW 54 KW 50 Hz 50 KW 40 KW Tradewinds Panel Standard Specifications Perkins Diesel Engine Model T4.236 Tropicalized Radiator Mechanical Governing Vibration Isolators Dry Type Air Cleaner 12 Volt DC Engine Electric System Exhaust Stack & Rain Cap Brushless Single Bearing Alternator Automatic Voltage Regulator Tradewinds Integrated Control Panel Electric Engine Instruments AC Aremeter Voltmeter & Switch Dial Frequency Meter High Coolant Temperature Shutdown Low Oil Pressure Shutdown Polyurethane Paint Finish (Lt}h,~) Load Bank Tested MEMORANDUM TO: FROM: SUBJECT: July 6, 2000 Russ Gibson City of Sanford Engineering Department Right-of-Way Use Agreement In place of a letter authorizing Charles Mitchell of First Capital Property Group, Inc. as Agent for Hoogland Orlando, Inc. authority to sign the Right-of-Way Use Agreement, Hoogland Orlando, Inc. has re-submitted the orginal Agreement signed by Jeffrey S. Russell, Registered Agent and Secretary of Hoogland Orlando, Inc. Hoogland Orlando, Inc is the owner of the Welaka Building in which the Seminole County Supervisor of Elections Office is located in. Thank you. SSG/dj Attachments ~0) 922-3709 07/06/00 10:51F1. Dept. of State pl 11 )OCUMENT # P95000074629 · ' May 03, 2000 8:00 am Entity Name HOOGLAND ORLANDO, iNC, Secretary of State "05-03-2000 901 t ? O11 *~*150.00 · }ncipat Place of Business ) S, PINEAPPLE AVE'le, jE ~ FLOOR RASOTA FL 342~ Principal Race of Business Suite, Apt, #, elc. City ~ ~,~te Zip Mailing Address 240 S. RNEAPPLE AVENUE TENTH FLOOR ~ARASOTA FL 34236-6717 3. Matting Address Suite, Apt, ~t, 840190 Illill Ill 11!11 Ill II}ll Ill II111 i1{11 ill II11 IIt{i Illll tlrl till DO NOT WRITE IN THIS SPACE City a State fCountry Zip 6. Name and Mdress of Current Registered Agent RUSSELL, JEFFREY S 240 S. PINEAPPLE AVENUE TENTH FLOOR Country Name Street Address (P.O. 80x N;Jmber is Not Acceplable) 8. Certificate of Stalus Desired E3 $8.75 A~itional F~ Requlr~ 7, ~me ~d A~ess ~ New Re~Sl~ A~nt SARASOTA FL ~4236 Cit~ the above named entity submits this etafoment for the purpose of changing its rogim~c-d office oz registered agent or both, in the State of Florida. GNATURE LE ME FEE1' ,~ODR~SS "f-ST-ZIP LE ME tEET ADDRESS 'Y- ST- ZqP LE :~EET A.DDRESS 'Y-ST-ZIP 'LE ME REET ADDRES~ Y-ST-ZIP 'Y-ST-ZiP LE :tEI~T ADDRESS . FIE NOWt!! FEE IS $I50,00 Alter MAY 1, 2000 Fee will be $550.00 Make Check Payable to Department of State 12. _ [] Delete TITLE NAME SFR[ETADURESS CITY-ST-ZIP .. [] Delet~ TITLE N~ME STREET ADDRES~ C!TY-ST-ZlP [] Deiete TITLE NAME S~T ADDRESS CffY-ST-Z~P [] Delete NAME STREET ADDRESS CITY-ST- NAME CffY-ST-ZlP [] Delete TiTL~ ~AME STREE CITY.ST-ZIP · This corporation is eligible to smis{y its Intangible Tax filing requir~nl and elects to c~ (See critena on back) [] ~)FFICERS AND DIRECTORS - VAN BE'EK, PIETER H P.0. BOX 123 NIA 5600 AC ENDHOVER NL 40-12475 D UGTVOET, PAX P.O. BOX 123 N/A 5600 AC ENDHOVER NL 40-12475 S RUSSELL, JEFFREY S 240 S. PINEAPPLE AVE IOTH FLR SARASOTA FL 34236 10, Election Campaign Financing $5.00 May Be Trust Fund Cor~riDutjon. ED Added to Fees ADDITIONS/CHANGES TO OFFICERS AND D!RECTORS IN t 1 [] g,hange [] Addition [] Cha~ [] Addition [] Cha~ge [] Addition E:] Change [] Addition i, i hereby certi~,y4hat the information supplied with this filing does not qualify for the exemption staled in Seclicn 119.Q7(3)[}} Florida Statutes. { further certify mat the infc~ma~ion irldicatecl on tlli8 report Or suppleme I report is true and accurate and ~Rat my signature shall have the sarn~ legal effect as if medo under oath that I srn aR officer or director Of ',he corporation or the receive2:br stee empowered ~o execute this report as required by Chapter 607, Florida S{atutes; and that my name appears in Block 11 ore' Bock 12 if changed, or o n a';tacr~men ~q - -s, with a~l other like empowered.E~C# I First Capital Property Group, Inc. Wednesday, July 05, 2000 Dennis Joyner Seminole County - Supervisor of Elections 116 W. First Street Sanford, FL 32771 Re: Right-of-Way Use Agreement Dear Dennis: Enclosed please find the original executed Right-Of-Way Use Agreement for the installation of the generator which was executed by Jeffrey Russell, Secretary for Hoogland Orlando, Inc. I'm also enclosing a copy of the executed recorded First Amendment to Seminole County Supervisor of Elections Office Lease which also reflects Mr. Russell's signature. Please call me with any questions. Sincerely, ~r~e D. Sharp Property Manager First Capital Property Group, Inc. As Agent for Hoogland Orlando, Inc. Enclosures 602 East Church Street I- Orlando, Florida 32801: Phone 407.872.0209 ;: Fax 407.426.8542