760-Clemons-618 Mellonville RIGI{T-OF-WAY USE AGREEMENT
lis Agreement entered into this / / ~ day of
a Municipal Corporation whose Post Office address is P. O.
~88, Sanford, Florida 32772-1788, (hereinafter called the
Post Office address is /~30 5U~c~ d~Tf.
[nafter called the "REQUESTOR"). ~
WITNESEETE: ~
W~EREAS, the CITY is the owner of certain street rights~of-w
n the inco~orated limits of the City of Sanford; and
WHEREAS, these public rights-of-way are heldby the CITY for
,enefit and general use of the public for functions including,
not limited to, vehicula~ and pedestrian travel and land
Is, and installation and maintenance of various public
ities, and for conveyance, treatment, and disposal of
mwater; and
W~EREAS, it is City policy to preserve the utility of these
ic rights-of-way for the above stated pu~oses; and
WEEREAS, written authorization is retired for any private use
)ublic lands; and
WHEREAS, the REQUESTOR has re~ested authorization from the
~ to utilize and/or improve a portion of the public right-of-way
ediately adjacent to his (proof of ownership/interest retired)
petty for a specific private pu~ose.
NOW THEREFORE, in consideration of the premises herein the
~ties agree as follows:
SECTION 1 RECITES
The above recitals are true and correct and fo~ a material
rt of this .Agreement upon which parties have relied.
SECTION 2. P~POSE
The pu~ose of this Agreement is to document agreements and
,nditions thereto whereby the CITY will agree to a right-of-way
)rovement by the REQUESTOR of a portion Of public right-of-
~tiguous to the REQUESTOR'S property located at the following
[reement will allow the REQUESTOR to install
mrtion of ~he public right-of-way in accordance with detaml~
on Attachment "A". Installation/improvement shall be subject
e following conditions: ~&[
A) Construction dimensions, materials, color, and details of
~he
shall be as specified on Attachment "A".
B) The authorized improvement shall in no way be extended or
modifie~ by the REQUESTOR without prior written approval
of the City.
C) REQUESTOR shall othe~ise fully comply with all
applic~le portions of the City Land Development
Re~lations.
SE~ION 3. ~INTEN~CE ~S~NSIBILITIES
The REQ~STOR, and his successors and assigns, shall be
~onsible for pe~etual maintenance of the improvement installed
er this Agreement. This shall include ~intenance of the
rovement and unpaved portion of right-of-way adjacent thereto.
~UESTOR may, with written City authorization, remove said
~tallation~improvement fully restoring the right-of-way to its
~viouS condition.
If the REQUESTOR does not continuously ~intain the
provement and area in accordance with previously stated criteria,
completely restore the right-of-way to its previous condition,
e CITY shall, after appropriate notice, restore the ~rea to its
'evious condition at the REQUESTOR'S expense and, if necessary,
.le a lien on the REQUESTOR'S property to recover costs of
~storation.
~CTION 4. TERMINATION
· e CITY reserves the right to unilaterally terminate this
ent at any time,' providing notice as prescribed below. The
TOR agrees that upon receipt of notice of termination of this
~nt that he will expeditiously remove the
.lation/improvement and return the right-of-way to its
)us condition. All restoration must be completed within~a~
F {30) days of receipt of the termination notice from t~~
SECTION 5 INDEMNIFICATION 0 .,,, 0
TO the fullest extent permitted by law, REQUESTOR agrees ~ ~ ~
~, indemnify, and hold harmless the City, its councilpersons,
5s, servants, or employees (appointed, elected, or hired) from
against any and all liabilities, claims, penalties, demands,
s, judgemenus, losses, expenses, damages (direct, indirect or
equential), or injury of any nature whatsoever uo person or
~erty, and the costs and expenses incident thereto (including
:s of defense, settlement, and reasonable attorney's fees up to
including an appeal), resulting in any fashion from or arising
ectly or indirectly out of or connected with the use of the
y's right-of-way.
SECTION 6. NOTICES
Any notices required or permitted hereunder shall be in
tting and shall be deemed properly made when deposited in the
ited States mail, postage paid, and addressed as set forth
rein, or at such other address as shall have been specified by
itten notice to Uhe other party delivered in accordance herewith:
~ TEE CITY Tony VanDerworp, City Manager
CITY OF SANFORD
P. 0. Box 1788
Sanford, Florida 32772-1788
_,
~ECTION 7. EFFECTIVE DATE
?his Agreement shall take effect upon the date that it
3ed by both parties hereto.
SE~ION 8. MCO~ATION
The agreements contained in this document shall be perpetual
run wi~h the land. This document shall be recorded in the
3ial Records of Seminole County.
IN WI~ESS WHERETO, the parties have made and executed this
%;>~ the date first written above.
"~':'~y~:~ a' T~E CITY O~ ~ORD, ~LORIDA
a Municipal Coloration
As authorized for execution by
Sanf d City Comm' s ' at its
" ( e estor}
t Name ~ Print Name
nt Name Print Name
Date:
~TE OF FLORIDA )
/NTY OF SEMINOLE )
d ' ~3/~ __~.' , ~QDis/ar personally known to me or
(Name of NotaryTyped, Printed or Stamped)
,ttachment