794-Grove Counseling CenterMARYANNE MORSE ~ SEMt~OLE COUNT~ FL
CLERK OF C,RCL!t' CO F-~ RECOF!C~ED & VERIFIED ~'~ 3 7 ~ 8 I 0 0 9
~ 5 5 2 I 6 I999 FT~'/- I AH 8:06 SEHtNOLE CO..FL
This gree ent e tered into this day of
Florida Municipal Corporation whose Post Office address is P. O.
Box 1788, Sanford, Florida 32772-1788, (hereinafter called the
"CITY") and The Grove Counselinq Center, Inc.
whose Post Office address is 585 East State Road 434
Longwood, Florida 32750
(hereinafter called the "REQUESTOR").
WITNESSETH:
WHEREAS, the CITY is the owner of certain streetrights-of-way
within ~he incorporated limits of ~he 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, writnen 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 nhe
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
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SEMINOLE 0 l i
use/improvement by the REQUESTOR of a portion o~ ~t~ c right-of-
way contiguous to the REQUESTOR'S property located at the following
address 402 Pecan Ave~]l~, Sanford ,
legal description:The North % of Block 6, Teir 13, Florida Land and
Colonization Company, Map of the St. Gertrude Addition of the Town of
Sanford, according to the plat thereof as recorded in Plat Book 1,
page 112, of the Public Records of Seminole County, Florida
The Agreement will allow the REQUESTOR to install A five-foot wide
Landscape buffer, irrigation., thrse driveways, and a pedestrian sidewalk
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
~he Landscaping, Irrigation, Driveways, and Sidewalks
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 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.
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SEHINOLECO,,FL
The CZT~ ~eserve~ the right ~o unilaterally terminate this
Agreement at any time,'provi~ing ~otice as ~rescr~bed below. The
~gQU~STO~ 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,
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.
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
herein, or at such other address as shall have been specified by
written notice to the other party delivered in accordance herewith:
FOR T}KE CITY Tony VanDerworp, City Manager
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
OFFICIALRECORDS
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37 8
SEHINOLEC0.oFL
FOR THE REQUESTOR Larry A. Visser, President
The Grove Counseling Center,Inc.
~R5 R~ Rta~ Rna~ 4~4
Longwood, Florida 32750
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":"~'~TNESS WHERETO, the parties have made and executed this
A~reemenf'S~ the date first written above,
,,,,'
-~,. ~ , .
As authorized for execution by
Regn/lar
Meeting.
OFFICIAL RECORDS
: ; BOOK PAG~
37h8 1013
SEMINOLE CO.,FL
~ or>
'nqer Larry A, Visaerr President
~t Name
Date: ~7~ ~/9~
By:
(Requestor)
Print Name Print Name
Date:
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
~ The foregoing instrument was acknowledged before me this
dl~ day of ~_~- -, zg~ , by/~r~_ ~. u~r
, ~s
has/have produced as identification.
:~%' LINDAJ.~N lic, State of Florida
(Name of Notary Typed, Printed or Stamped)
Attachment
~%IClAL RECORDS
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