774-Pelsolo RIGRT-OF-WAY USE AGREE
This Agreement entered into this ~ day Of
,,~~~ , ~ge~ 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
whose ~ost Office a~d=ess is Zq~7
(heroinafter called the "R~QU~STOR").
WHEREAS, the CITY is the owner of certain street rights-of-way
within the incomerated limits of the City of Sanford; and
W~EREAS, 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
sto~water; and
WHEREAS, it is City policy
public rights-of-way for the above stated pu~oses; and
WHEREAS, written authorization is retired for any private use
of public lands; and
WHEREAS, the REQUESTOR has reCesSed authorization from the
CITY to utilize and/or improve a portion of the public right-of-way
i~ediately adjacent to his (proof of ownership/interest require~J~
property for a specific private pu~ose. --
NOW THEREFORE, in consideration of the premises herein
parties agree as follows:
SE~ION 1. RECITES
The above recitals are true and correct and fern a material
part of this Agreement upon which parties have relied.
SECTION 2. P~POSE
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-
RE UESTOR'S property located at the following
way contiguous to the ~L~]~>O~
legal description: L~,~ LoT5 3 T~ 12; ~ I
The Agreemen~ will allow ffhe REQ~STO~ ~o install
on a portion of ~he public right-of-way in ac~oraan~e with
shown on Attachment "A". Installation/improvement shall be subject
to the follOwin~ conditions:
A) Construction dimensions, materials, color, and de~ails of
the
shall be as'speCified on Attachment "A".
B) The authorized improvement shall in no way be extended or
modified by the REQUESTOR without prior written approv~
of the City.
C) REQUESTOR shall otherwise fully comply with aE
applicable portions of the City Land Developme~
Re~lations.
SE~ION 3. ~INTBN~CE RESPONSIBILITIES
The REQUESTOR, and his successors and assigns, shall be
responsible for perpetual mainnenanae of ~he improvement instal~e~
under this Agreement. This shall include ~intenance of the
improvement and unpaved portion of right-of-way adjacent thereto.
REQUESTOR ~y, 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
improvemen~ and area in accordance with previousZy stated criteria,
or completely restore the right-of-way to its previous condition,
the CZTY 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 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 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,
suies, 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,
Any notices required or permitted hereunder shall be in
writing and shall be deemed properly made when deposited in the
United States mail, postage paid, and addressed as set forth
heroin, or at such other address as shall have been specified by
written notice to the other party delivered in accordance herewith:
FOR T~E CITY Tony VanDerworp. 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
exeouted 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
~ ~ >L a Municipal Coloration
As authorized for execution by
?{rd/CityCommission at its
~ , 199~ Regular
e ng.
By:
qu st r)
Prin~ Name Print Name
By:
(Requestor)
Print Name Print Name
Date:
STA~ OF FLORIDA )
CO~ OF S~INOLE )
Bare ~onally known to me~Dor
has/have produced as identification.
~ ~ ss° ~"'
~% ~ ~C82~8 ~]~ Commission No.
Attachment
· ; LEGAL DFSCRBP A:
LEGB,]D ]RO ')RD
.... ~,~
~ ~ ~ / /
/'
I'
~:~-'- (
/ l~,OOO +/- SF I
.. ,- ~ ~ /
. . ...... ~.- . ~ . . . , . . ~ '- ~ ~
'- .-'-'/--.'--/-'/-'.-'-'/. :---.'.:--'.-/.'/--:'/-'/-'---'--:.-'-',':/:/;/-'--': .':/-'/-':'-'..:-'.'..'-'---:-'--':: ,-:-'--':.-':/-'/--..'--/-'/:/:/.-':/-'/.:-:-'----t/-'--'-'/-'.:-'-.:-).Y;:'--..'-'/-'/-6'/-:-.-.~ ~
~ .: ~-:-.-:. ::-.': :-':.:~C-'--:- ..:- ::---> {-:-':-:.':-: 7:--':- i:'-':':::':-':':-':< :~:-.':--<-.C-:-.:-:4.:--:-:,--: :--: :,:-.-~ ,:-:--:-:.-:~:--,: :.q --: 7:-.C :--: :..:-~-.-:.v::.-:..-: 7: E-.':-7;:-'::-'--:-~-: :-':--'.--':--'.::-~-:-',>:-:::': ~ -;.-.--;.,-- U~ ~