650-SCPS-Goldsboro Elementary RIGHT-OF-WAY USE AGREEMENT
This agreement entered .into this l~,th day of
January , 19 9~. by and between the City of Sanford, a
Florida Municipal Corporation whose Post office address is P. O.~D~
Box 1788, Sanford, Florida 32772-1788, (hereinafter called the~
"CITY") and Seminole County Public Schools
whose Post Office address is 400 E Lake Mary Blvd
Sanf0rd. Ft+ 32772-712; ,
(hereinafter 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 lan~
access, and installation and maintenance of various publi~
for
utilities, and conveyance, treatment, and disposal o~
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 of the public right-of-way~
imediately'adjacent ~o 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. P~POSE
The purpose of this agreement is to doc~ent agreements and
conditions thereto whereby the CI~ will agree to a right-of-way
use/improvement bY the REQUESTOR of a portion of public right-of-
way contiguous to.L,the REQUESTOR's property located at the following
address Goldsboro Elementary 1300 ~est2Oth St. Sanford FL 32771
legal description: See attached survey
The agreement will allow the REQUESTOR to install portable classr0o
~ T'(24'x32'], fence, playground equipment & wood..walkwaV nlatforms,~.
·
on a portion of the public right-of-way in aceordance with detail~
shown on Attao~ent "A" Installation/improvement shall be ubj c~
to the following conditions: ~
A) Construction dimensions, materials, color, and details of
the N / A ~
shall be as specified on Attac~ent "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 with all
applicable portions of the City Land Development
Regulations.
SECTION 3. ~I~CE MSPONSIBILITIES
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 the REQUESTOR' s property to recover costs of
restoration.
SECTION 4. )INATION
The CITY reserves the right to unilaterally terminate this
Page -2-
(ROW Use Agreeent)
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 t~
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 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 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
FOR THE REQUESTOR Oianne t. Kramer, Executive DirectOr
Facilities Planning Dept.
400 E. Lake Mary Blvd.
Ssnford, FL 32772-7127
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(ROW Use Agreement)
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 records of Seminole County.
IN WITNESS WHERETO, the parties have made and executed this
agreement on the date first written above.
THE CITY OF S~FO~, FLORIDA
a Municipal Corporation
ATTEST:
/ , ..' '= · i By
~ ~ '~ " ~i~ ......... " MAYOR
:~.: ~. ~ ':i~' ., ,.~t~= ~, 7 ] ~ ~ ~ 7
A8 authorized for execution by
Sanford City Co~ission its
Regular
Meeting.
WITNESS:
Sandr~ ~nh~nSon, ~rhnn! ~-a~d Chairman
~C~ ~'~ k~ Sandra
Print N]e~
Date:
~ Paul J.
~ Paul a.
Print Name Print Name
Attac~ent
06/01/95
(Agreements) a:\agreenmt\ROW,use
Page -4-
(ROW Use Agreement)
SEMINOLE CO. FL
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~ ~2' ' ...."'" "' LEGEND
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pa~e 196 ~
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SEMINOLE COUNTY
PUBLIC SCHOOLS
PAUL J, HAGERTY,, PH.D. February 6, 1997
Superintendent
Educational Support Center Mr. Russ L. Gibson
400 E. Lake Mary Boulevard Land Development Coordinator
Sanford, FL 52773-7127 City Of Sanford
P. O. Box 1778
Facilities Planning Sanford, FL 32772-1778
Department
Phone: 320-0072
Fax: 320-0292 RE: GOLDSBORO ELEMENTARY SCHOOL
RIGHT-OF-WAY USE AGREE~MENT
DIANNE L. KRAMER
Executive Director Dear Mr. Gibson:
Based on your request, enclosed are two executed originals of the right-of-way use agreement for
Goldsboro Elementary School. Upon approval and execution of this agreement by the City,
please forward an executed original back to my attention. Also, upon recording, please forward a
recorded copy to my attention. Thank you for your continued cooperation.
Facilities Specialist
/cyh
Enclosure: As stated
ENG1NEERi?,~G DEPT.
CITY OF SAN~-ORD, FLA-
Cindy Y. Harden
Facilities Specialist
(407) 320-0069