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651-Cranias-Angelos RIGHT-OF-WAY USE AGREEMENT This agreement entered into this I ~b~_ day of , 19~ Z 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") Chris S. and Amanda Cranias whose Post Office address is 30 Stone Gate, Longwood, FIX 32779-3018 (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 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 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: 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 REQUESTOR of a portion of public right-of- way contiguous to the REQUESTOR'S property located at the following address 107 W. First Street, Sanford, FL 32771 legal description: Tax Parcel ID# 25-19-30-5AG-0304-0020 The agreement will allow the REQUESTOR to install iron fencing on the Sidewalk, directly in front of Angelo's Pizzeria 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 o~m the Fencing ~ shall be as specified on Attac~ent "A". ~ B) The authorized improvement shall in no way be extended ~ 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. ~INTE~CE ~SPONSIBILITIES 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. ~I~TION The CITY reserves the right to unilaterally terminate this agreement at any time~ providing notice as prescribed below. The Pa~-2- (ROW Use A~e~t) 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, indermnify, and hold harmless the City, its councilperson~ agents, servants, or employees (appointed, elected, or hired) fr~ and against any and all liabilities, claims, penalties, d m n ~ e ads, 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 Chris S. and Amanda Cranias 107 West First Street Sanford, FL 32771 Page -3- (ROW Use Agre~--~nt) ~-~ 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 SANFORD, FLORIDA ~ ;, a Municipal Corporation OR Date: e/ d Print Name As authorized for execution by Sanford City Commission at its Mex~eti~ngM ~D , 199--7 Regular WITNESS: --/~ \ r Print Name Print a e Print Name Pr ate: Attachment 06/01/95 (Agreements) a:\agreemnt\ROW. use Page -4 - (ROW Use ~nt) 323~ 0162 i sE~INoLt' c0. FL Angelo's PizzeriaiStorefronts , ~ Railing Railing v 18'~2" ' 12'-0" ~' Sidewalk × Planter " / ~{Curb Street Lamp ( 1 st Street · R-O-W Agreement for Angelo's Pizzeria "' 107 W. First Street "- Scale: 1/4"= 1 '-0" 4--15-1997 l:19F'ivl FRO" ~ N-- 6~'I F'.2 i~i!._A.C_QBO,. CERTIFTE OF'LIABILITY 'INSU NCE .~,,.~,,~,°"~""'"""""' ........ .............· .... 04/15/91 PRODUCER THIS CERTIFICATE IS I$$UrD A~ A MATTER OF INFORMATION ONLY AND CONI-e~ NO RIGHT~ UPON THE CiiRTIFICATE SZR'b}~ Z]Rf, OR,~C~ GROOP, ZNC. z HOU)ER, THIS CERTIRCATE DOES NOT AiD. EXTEND OR Z:'. O. iOX 3.60398 AtTERTHECOV~RAGEAFFORDEDIyTHIEPOLICIESBELOW. ,JUaTIZiONTi SPR'~NGS FY., 3273.6 COMPANES AFFORDING COVERAGE ,~e..,9~._4.07-869-0962 ~. m~ 407-774-093~ A !er~e ~,-ur~n~e ero1~ 0 · tll~*S I:'TZZ~ C A X COMMERCIALGENERALUAStLrrY SNZ~109999 04/23/97 04/23/98 PRODUCI'~-COMPIO;'AGG t~900,000. ~ ' tc,...,~M,.o; (~occu. ..so...~.&.ov,,~,,.,.',, ,3oo,oo0, A Co:rit:en.t:s 9N9109999 04./23/96 04/23/97 Ded..$500 3.0,000 A Zmg~'ov. & let..t. erm. S/1~3.09999 04/23/96 04/23/9'7 ~:0,000 ~'.0. BOX 1788 SNfJ?OI~) tel 32772-1788 OReeesefrKnvas /t_ 15-1997 I = 20PM FROM PR~v~e~ tHiS CERTIFICAll~ · ~OX ~60~98 ~Y~ ~E ~V~BE AF~RD~ BY D~e11 G, D~ore COMPANY ~. i0V-869-0962 t~",. 407--77i-0936 A Seffice Ins~ G~oup B 107 W. let. Street S~ford FL 32771 D CmMERC~AL~L~eaU~ S~109999 0~/23/96 0&/23/97 ~0OUC~-COMP~PA~ O~ER'S & CONmACTOR'S .R~ ~CH 0CCURR~CE C~C~CS ~109999 04/23/96 04/23/~7 Dad. $500 10, O00 I~rov. i Be~Eem. ~109S99 04/23/96 04/23/97 ~0,000: L~ FL 32772-1788 . Sanfo d, Flori P.O. Box 1788 - 32772-1788 Telephone (407) 330-5601 Fax (407) 330-5666 March 4, 1997 Mr. Theordore M. Cranias Angelo's Pizzeria 107 West First Street Sanford, Florida 32771 RE: Right-of-Way Use Agreement for Installation of Iron Fencing Around a Portion of Public Sidewalk in Front ofAngdo's Pizzeria Dear Mr. Cranias: Your Right-of-Way Use Agreement request has been reviewed by the City Commission and conceptually approved subject to you providing an insurance certificate listing City of Sanford as an additional named insured. We have received a suitable certificate of insurance from Siele Insurance Group, Inc. In processing final documentation for this Right-of-Way Use Agreement, it has come to my attention that the legal owner of record of the property at 107 West First Street is Chris S. and Amanda Cranias of Longwood, Florida. (Please see the attached Seminole County Tax Assessor's record.) It is the policy' ofthe City to execute Right-of-Way Use Agreements'only with property owners of record. Forwarded herewith is a re-drawn Right-of-Way Use Agreement for execution by the owners of record. Please arrange to have this document executed by them and retum to me for final processing. Please contact me if you have any questions regarding this matter. ~20nS, P.E. City Manager WAS/aed Attachment co: City Clerk / (#7CM)a:~lette~.OW-Ange.los "The Friendly City" ,4-15-1997 1 -'lgPM FROM · 4~.._~ INSURANCE gROUP ' SII,,~:E 1~74 To: Sihle~nsumnce Group Box 160398,32716 · 871 Do~ Avenue · Altar, ,~ng~, FL · ~ ~62, ~ 4~-774~3~ Sanford, Flot'Tda RO. BOX 1788 ° 32772-1788 Telephone (407) 330-5601 Fax (407) 330-5606 June 3, 1997 Mr. Chris Cranias 30 Stonegate South Longwood, FL 32779 Dear Chris: As requested, please find enclosed a copy of the recorded Right-of-Way Use Agreement for Angelo's Pizzeria, 107 W. First Street. If you need further information, please do not hesitate to call me. Sincerely, City Clerk JRD/cp attachment Friendly City" C_j t Sanford, Florid P.O. Box 1788- 32772-1788 Telephone (407) 330-5601 Fax (407) 330-5666 April 17, 1997 Chris and Amanda Cranias 30 Stone Gate Longwood, Florida 32779-3018 lIE: Right-of-Way Use Agreement for 109 West First Street (Installation of Iron Railing) Dear Mr. and Ms. Cranias: I am pleased to advise you the Sanford City Commission, on April 14, 1997, approved execution of the Right-of-Way Use Agreement you requested. Conditions of approval were as follows: 1) The owner or operator of the business will provide the City evidence of liability insurance in the amount of $200,000. O0 per occurrence with City of Sanford listed as an additional named insured. A copy of the insurance certificate is required. This coverage must be maintained at all times. 2) The operator of the business will keep the sidewalk in from of the establishment, including the area surrounded by the railing and the remaining portion of the sidewalk clean at all times. By copy of this letter, Ella J. Linnon is advised of these requirements. The Right-of-Way Use A~eement will be executed by the City and recorded upon receipt of the required insurance certificate. Copies of the recorded agreement will be provided you and Ms. Linnon following recordation. Very truly yours, City Manager WAS/acd co: Ella J. Lhmon 1430 Jaguar Circle Apopka, FL 32712 City Clerk (#7CM)a:XletiefiROW-Cranias.~ "The Friendly City" A.C_OR_D. CERTIFICATE OF LIABILITY INSUR""NCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SIHLE INSURA."~TCE GROUP, INC. I HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR P. O. BO~ 160398 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ALTA~ONTE SPRINGS PL 32716 COMPANIES AFFORDING COVERAGE COMPANY Ph0neNo. ~07-869-0962 FSXNO. ~07-77~-0936 A Colony Insurance Company INSURED COMPANY / B COMPANY Tin Lizzie Tavern & DeZi C 109 W. 1st. Street COMPANY San~ord FL 32771 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAfN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A X COMMERCIALGENERALUABILITY MP1497040 02/07/97 02/07/98 PRODUCTS*COMP/OPAGG 8500~,000 ~ CLAIMS ~ADS [] OCCUR P~aSO,AL ~ AOV INJURY * 5 0 0, 0 0 0 OWNER*S & CONTRACTOR'S pROT EACH OCCURRENCE * 500 · 000 CERTIFICATE HOLDER IS NAMED AS ADDL. INSURED UNDER THIS POLICY CITY OF SANFORD APPLIC ON FOR CERTIFICATE OF APPROPRIATENESS ~i!~'~'i~:i! HISTORIC PRESERVATION BOARD DATE: SITE IS PART OF: [~OWNTOWN COMMERCIAL HISTORIC DISTRICT [] OLD SANFORD HISTORIC RESIDENTIAL DISTRICT SITE ADDRESS: /(-)~ /~/' ~;~ sus~ss o~ s~ ~: ~ ~/, z~ ,' c ~x ~ ~ ~/,' T~ PARCEL NO.: OWNER'S ADDRESS: 7~ ~/~ CI~: /~?~ STATE: ~/ ZIP CODE: TELEPHONE: (~2) ~[- ~ ~ WORK: [/~? ~ F~ ~ / J APPLI~NTS N~E: ~ f~ ~ ~ ~ APPLI~N~S ADDRESS: CI~: STATE: ZIP CODE: TELEPHONE: ( ) WORK: Describe all changes in design, material, coloO or location to the e~erior of building & propeW. A~ach additional pages if necessa~. Submit a site layout or drawing br each reque~. - ~ ~ ~,'/~,~, For the projects indicated, the following support data is required: [] Sample paint pallets for all paint color requests. [] Photographs of existing structure and impact areas. [] Full set of working drawings as required for building permits. NOTE: Approved Application is valid for 6 months. Application is subjed to renewal by Historic Preservation Board. Approved Application Shall be Posted on trudd, u~ Owner's Signature: ~ Date: OFFICIAL USE ONLY //'~/~/7 ~ ' Minor Review Date: Historic Preservation Board M~ting Date: six Month Review Date: Complete: [] Incomplete: [] APPLICATION FOR APPLICATION IS: CERTIFICATE OF APPROPRIATENESS CFrY OF SANFORD [] DENIED P.O. Box 1788 ~APPROVED Sanford, FL 32772 APPROVED WITH CONDITIONS: (407)330-5672 .m(e~s) Signature of Administrati:;e O~ici : _ : White Copy-Engineering &Planning; Yellow C .; Pink Copy-Code Enforcement; Gold Copy-Customer