754-Sanford Main Street RIG~-OF--WAY USE
This - Agreement entered into. ~his .~ day of
Florida Municipal Corporation whose Post Office address is P. 0.
Box 1788, Sanford, Florida 32772-1788, (hereinafter called the
whose Post Office address is eO 6o~ lq~l, ~0L~O~, ~22~7[,,., CO
(hereinafter called the "REQUESTOR" ~ -- x~
WITNESSETH: m
WHEREAS, the CITY is the o~.;ner of certain street rights-of-~y~ ~
within the incurorated limits Cf 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 tc preserve the utility of these
public rigb. ts-of-~ay for the above stated purposes; and
WHEREAS wrj~-~z, au'~.aorization is required for any privute use
.... .
of public i..:..'.'~'~
WHEREAS. ~.ie '~'~Q~?'P .~as rec/uested authorization from the
CITY to utilize and/or improxe a portion of the public right-of-way
immediately adjacent to his (proof of ownership/~nterest 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 Agzeer~ent ~:.~on which p~rties have relied
SECTION 2. PURPOSE
The purpose cf thms Agreement is t'o document agreements and
conditions thereto whereby the CITY will agree to a right-of-wav
L[GIRILI~ ll~SAIISFAG~0N~
F~ M~ROFILMIM8
use/improvement by the REQUESTOR of a por. tion of public right-of-
way contiguous to the REQUESTOR's property located at the following
address ,
legal description:
The Agreement will allow the REQUESTOR to install '~
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 of
shall be as specified on Attachment "A".
B) The authorized improvementshall 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 MAINTENANCE RESPONSIBILITIES
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. TERMINATION
The CITY reserves the right to unilaterally terminate 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 mu~t 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 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,
sui[s, judgements, losses, expenses, damages (direct, indirecU 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 ~o
and including an appeal), resulting in any fashion from or arising
directly or indirectly out of or connected with the use of ~heC~ ~c
City's right-of-way. ~ -- ~
SECTION 6. NOTICES ~ ~ '
Any notices required or permitted hereunder shall be ~n <~
writing and shall be deemed properly made when deposited in ee~C) ~
United States mail, postage paid, and addressed as set forth
herein, or at such o~her address as shall have been specified by
written notice to the other party delivered in accordance herewith:
FOR ~ CITY ~ony VanDerwor~, City Manager
CITY OF SANFORD
P. 0. Box 1788
Sanford, Florida 32772-1788
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
~A~greement on the date first written above.
· ', %AIIF
i' i~.~ THE CITY OF SANFORD, FLORIDA
~: ~ ~ ~I:~i'~: a Municipal Corporation
"'.- ,' c~ rn
m C,J'l
R
Print Name
As authorized for execution by
Regular
Meeting.
Page -4-
(ROW Use Agreement ~evielun, Dated 2/98)
WITNES :
,~- 1~ ,~- C. ~.~.;-~.~L., .~_ ~t ~ .,.
Print Name Print Name
Da~e: , ~
STATE OF FLORIDA )
CO~ OF SEMINOLE )
The foregoing instrument was acknowledged before me this
I~J~ day of F~:,~ y z~q'q by L~ ~h~
and '~Bern&ra A. ~fz~er&14 who is~ personally known to me or
has/have produced as identification.
Notary Public, State of Florida
Commission No.
(Name of Notary Typed, Printed or
Attachment
EXPI~S JUN 1 ~, 2001
Page -5-
{ROW Use Agreement ~evision, Dated 2/98)
CITY OFSAINFORD
I~ APRLICATION FOR CERTIFICATEOF APPROPI?,I '~E'~ESS
SiTE IS PART OF: DOWNTOWN COMMERCIAL HISTORIC DISTRICT
~j~IOLD SANFORD HISTORIC RESIDENTIAL DISTRICT
BUSINESS OR SITE NAME:
TAX PARCEL NO.:
CITY: STATE: ZIP CODE:
TELEPHONE: ( ) WORK:
TELEPHONE: ( Lid'} ) WORK:
.,-Describe all changes in design, material, color, or Iocolion to the exferior o~ building & properly.
~A~ach additional pages ~ necessary. Submit a site layout or drawing ~r 'each request.
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"..." Sample paint pallets {or all paint color requests. . .,.: ..
._:Photographs of existing strudure and impact areas. ..... '
=._. Full set of working drawings as required {or building permits. . ,.::,F:,';..;,.. . -
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APPLICATION IS: . ~j~ ~;QF'~PP~IX'~E~S ~' .'
' EO.' Box 1'788:';~ '.'
~APPROVED ~,. FE-32/.Z2
APPROVED WITH CONDITIONS: (407)330:5672~.?..' ' ·; '
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