689-Missouri Swofford RIGRT-OF-WAY, USE AGREEMENT
This - Agreement entered into this ~O day of
Florida Municipal Corporation whose Post Office address is P. O.
/ ·
(hereina~te/r~called the "REQUESTOR"). .
WITNESSETH:
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 o~ 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
use/improvement by the REQUE~.TOR of a portion Of public right-of-
way conti~uous to the REQUESTOR'S ~roperty located at the following
legal description,< 3 '?.7///-
on a port~he public right-of-way in accordance with details
shown on Attachment "A". Installa~ion/improvemenn shall be subject
~o the followin~ conditions:
A) Construction dimensions, materials/color, and details of
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 otherwise fully comply wi~h all
applicable portions of the City Land Development
Re~lations.
SE~ION 3. ~INTEN~CE ~$PONSIBILITIE8
The REQUESTOR, and his successors and assigns, shall be
responsible for pe~etual maintenance of the improvement installed
under this A~reemen~. This shall include maintenance of ~he
improvement and unpaved portion of riSht-of-way adjacent thereto.
REQUESTOR may, with written City authorization, remove said
installation/improvement fully res~orin~ the right-of-way to its
previous condition.
If the REQUESTOR does not continuously maintain the
improvement and area in accordance with previously s~ated criteria,
or completely restore nhe right-of-way ~o its previous condition,
the CITY shall, after appropriate notice, restore ~he area to i~s
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. TERMINATIbN
T~e CITY reserves the right to unilaterally tez~ninate this
Agreement at any time, providing notice as 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. INDEMNIFICATION
To the fullest extent permitted by law, REQUESTOR agrees to
defend, indemnify, and hold harmless the City, its councilpersons,
agents, servants, or employees (~ppointed, elected, or hired) from
and against any and all liabilities, claims, penalties, demands,
suits, judgements, losses, expenses, damages (direct, indirect.pr
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 ~ CITY William A. $immonS, City Manager
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
· 277/
SECTION 7. EFFECTIVE DATE
This Agreement shall take effect upon the date tha~ it is
executed by both parties heretol
SECTION 8. RECORDATION
The agreements contained in this document shall be perpetual
and run with the land. This document shall be recorded in
Official Records of Seminole County.
IN WITNESS WHERETO, the parties have made and executed this
Agreement on the date first written above.
THE CITY OF SA~FORD, FLORIDA
a Municipal Corporation
ATTEST:
By:
CITY CLERK LARRY A. DALE, MAYOR
Date:
Print Name
As authorized for execution by
Sanford City Commission at its
, !99__ Regular
Meeting.
(Requestor)
Print Name Print Name
Date:
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
and -- A~/~ - ,ei~/ar, e--pcrsonally known t~e--me DJf
has/~prmo/~uced ~/- D~JI~d-5'Y$'~6~.-~' as identification.
~ ~ ic, sdd{.~JZ~
bl tat~f Florida
ot~ y PubiC, Slate of Flod~a .
(~a .................... : ,nted or Stamped)
Attachment