649-Sunrise Funeral Home RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this ~'~ day of
JJ , 19 ~7 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
whose post Office address is qOO L 6CUS+
(~erefnaf~er called ~e"REQUESTOR").
WITNESSETH:
WHEREAS, the CITY is the owner of certain street r~ h f
g ts-o -w~
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 ~eneral use of the public for functioKs including,
but not limited to, vehicular and pedestrian travel and land
access, and installation and maintenance of various public
utilities, and for conveyance, treatmentt an~ disposal of
stomwater; and
WHEREAS, it is City policy to prese~e the utility of thes~
public rights-of-way for the above stated purposes; and
WHEREAS, written authorization is retired for any private use
of public lands; and
WHEREAS, the REQUESTOR has re~ested authorization from the
CITY to utilize and/or improve a portion of the public riSht-of-way
i~ediately adjacent to his (proof of o~ership/interest retired)
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 true and correct and fo~ a material
part of this agreement upon which parties have relied.
SECTION 2. P~POSE
The pu~ose 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
address qOO 6oc ,
The aSreement will allow the REQUESTOR to install Ck~
on a portion of the public ri~ht-of-wa~ in accordance with det~l~
shown on Attachment "A" Installation/improvement shall be sub ct
to the followin~ conditions: ~
, de ~1
A) Const~ctioa dimensions materials, color, and ta' ~
shall be as specified on Attachment "A".
B) The authorized improvement shall in no way be extended or
modified by the REQ~STOR without prior written approval
of the City.
C) REQUESTOR shall othe~ise fully comply with all
applicable portions of the City Land Development
Re~lations.
SECTION 3. ~I~CE ~SPONSIBILITIES
The REQUESTOR, and his successors and assiSns, shall be
responsible for pe~etual maintenance of the improvement installed
under this a~reement. 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 restorins the ri~ht-of-wayto its
previous condition.
If the REQUESTOR does not continuously maintain the
improvement and area in accordance with previously stated criteria,
or completely restore the riSht-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 REQUESTOR'S property to recover costs of
restoration.
SE~ION 4. ~I~TION
The CITY reserves the riSht to unilaterally te~inate 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
defend, indemnify, and hold harmless the City, its councilpersons,-n
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 SANFORD
P. O. Box 1788
Sanford. Florida 32772-1788
SECTION 7. EFFECTIVE DA~1E
This agreement shall take effect upon the date that it is
execdted 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 records of Seminole County.
IN WITNESS WHERETO, the parties have made and executed this
agreement on the date first written above.
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
By:
Y A
Date:
As authorized for execution by
Sanford City Commission at its
WITNESS:
(Requestor)
Print Name Print Name
Date: ~? ~/~ ~ ~F 7
Print Name Date: aV/~/~
Attachment
City of Sanford
Engineering And Planning Department
memorandum
TO: City Commission
CONCUR: ' '
Russ Gibson, LDC
FROM: Bruce Montes, Eng. Asst.
DATE: March 14, 1997
SUBJECT: Right of Way Use Agreement - Sunrise Funeral Home
900 Locust Avenue
After review of the above referenced request, it is the engineering department recommendation
that the applicant be allowed to install a three-foot high vinyl fence to deter cars from parking in
the right of way. The following conditions should apply:
I. All utilities must be located prior to installation.
2. The fence must be offset a minimum of four feet from the edge of pavement. This is the
minimum distance required for light poles in the LDR and will keep the stop sign outside of
the fenced area.
3. The posts must be set in the soil witho0t the use of concrete.
Please refer to attachment "A" provided.
- Thanks, Bruce -
Engineering and Planning Department Phone: (407) 330-5~
DAE-