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652-Cranias-Tinhizzy 3232 0153 RIGHT-OF-WAY USE AGREEMENT SEHINOLECO. FL This agreement entered into this ~/I day of Florida Municipal Corporation whose Post Office address is P. O. Box 1788, Sanford, Florida 32772-1788, (hereinafter called the whose ~ost Office address is ~0 (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 functioHs including, but not limited to, vehicular and pedestrian travel and land access, and installat. ion and maintenance of various publics'- utilities, and for conveyance, treatment, and disposal ofTM 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 legaldescription: LC~ ~ ~ ~6J C~ Z~ ~ 7kq The agreement will allow the REQUESTOR to install ~o~ o~ ~8a~me~ "~". Z~ZZ~o~/~m~To~eme~ ~o ~e'~oZZo~g coBd~o~: modified by the REQUESTOR 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. ~IN'r~N~CE RESPONSIBILITIES The REQUESTOR, and his successors and assigns, 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. 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 toits previous condition at the REQUESTOR'S expense and, if necessa~, file a lien on the REQ~STOR's property to recover costs of restoration. SECTION 4. ~I~TION The CITY rese~es the right to unilaterally te~inate this Page -2- (ROW Uee Agreemeu=-Revised 0=/12/97) 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 withi~ thirty (30) days of receipt of the termination notice from th~ CITY. ~ SECTION 5. INDEMNIFICATION m TO the fullest extent permitted by law, REQUESTOR agrees to 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 {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 Page '3- (ROW USe Agreement-Revised 02/12197) 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 thm~ agreement on the date first written above. m THE CITY OF SANFORD, FLORIDA · ',. a Municipal Corporation · . · '~: . , OR Print Name AS authorized for execution by San~)rd, C~t~ Commission at its Meet~ , 199! Regular WITNESS: questor Print Name Print Name Date. 'T Print Name Nam Da Attachment (Agreemen=s) a:\agreemn~\ROW.Use Page -4- (ROW U~e Agreement-Revised 02/12/97) I I ~ The Tin Lizzie ~ " Angelo's Pizzeria I I Storefronts Front Door ] R-O~W Request Area b , Railing Railing Sidewalk ^" × ~. ~ 4'-o" [ 4'-o" t 4'-o" ~ ~ ~2'-o"~ Sidewalk Pl~ter CHrb ~ City Trash Receptacle ) Street Lamp (Reco~end Re-locating Approx. 20' ~st) 1st Street 3-1 '03 .:]"IONIN3S NOTE:Railing to beL ~ I 0~ e ~ eR-O-W Agreement for the Tin Lizzie approx. 36" in height, blackwroughtiron.i,~ Va~00a 109 W. First Street s~3ao3~ nwm~0 Scale: 1/4"= 1 '-0"