687-Newton RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this ~ day of
, 19~_~ 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 ~ e
(hereinafter called the "REQUESTOR")
WITNESSETa:
WHEREAS, the CITY is the owner of certain street rights-of-way
within the inco~orated 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 functioHs 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
sto~water; and
WHEREAS, it is City policy to preseFe 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 re~ested authorization from thdo
CITY to utilize and/or improve a portion of the public right-of-wa~
i~ediately adjacent to his (proOfof ownership/interest re~ired~
property for a specific private pu~ose.
NOW THEREFORE, in consideration of the premises herein the
parties agree as follows:
SE~ION 1. RECITES
The above recitals are tme and correct and fo~ a materlab
part of this agreement upon which parties have relied ~
SECTION 2. P~POSE
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 cOnti~ous to the REQUESTOR's property located at the following
0¢ +he 3r'ouaA o~ ~e,z~n~0r&~ ~ccord',n +o'-~e ~{&t 'Jr~e~eo~
a~ f cofe~ ~n I~ b~~Be ~o of +he public, reCoras
on a portion of the public right-of-way in accordance with details
shown on Attachment "A". Installation/improvement shall be subj~t
to the following conditions:
A) Construction dimensions, materials, color, and details~
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) REQ~STOR shall othe~ise fully comply with all
applicable portions of the City Land Development
Re~lations.
SE~ION 3. ~I~N~CEESPONSIBILITIES
The REQUESTOR, and his successors and assi~s, shall be
responsible for pe~etual maintenance of the improvement installed
under this agreement. This shall include maintenance of the
improvement and unpaved portion of right-of-way adjacent thereto.
REQ~STOR 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,
orcompletely 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 necessa~,
file a lien on the REQ~STOR'S property to recover costs of
restoration.
SE~ION 4. ~INATION
The CITY reserves the right to unilaterally te~inate this
Pa~e -2-
(ROW USe Agree~e~-Revi8ed
agreement at any time, providin9 notice as prescribed below. The
REQUESTOR agrees that upon receipt of notice Of termination of this
a~reement 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
CITY.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by law, REQUESTOR agrees
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 (includin9
costs of defense, settlement, and reasonable attorney's fees up to
and includin9 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
writin9 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 CIT~ William A. SimmonS. City Manager
CITY OF SANFORD
P. 0. Box 1788
Sanford. Florida 32772-1788
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 recor~ds of Seminole County.
IN .~qITNESS WHERETO, the parties have made and executed this
agreement on the date first written above. ~0
/ '. '/'SANF "' r r-
'/z~ ~<~k"""""':;"" '. . a M~iei~al Co~o~a~io~ ~ ~
..,. , ,// ........... ; O~
As authorized for execution by
S ford City Commission at its
in./~ , 199~Regular
WITNESS:
(Requestor)
Print Name
By:
Print Name Print Name
ate: qq
Attachmen~
By: Req~i s
Print Name Print Name
Date:
By:
(Requestor)
Print Name Print Name
STATE OF FLORIDA )
COUNTY OF SEMINOLE
and , who is/are personally know<... to me or
has/have produced as identification.
Commi~sien No.
(Name of Notary Typed, Printed or Stamped)
PENNY I~ RENKEN
Attachment
(Agreements) a;~agreemn~ROW-Use.agr
GRAPHIC SCALE
· 7. o'
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' 25.9' '
N89'40'16"W ~ 117.00'
~.7~' j 4.74'
12~ S~E~T
66.0' ~DE RIGHT-OF-WAY