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614-First Street Gallery !,-1ARYAI,~NE HORSE C!,ER~pF CIRCUIT COURT 'RECOROE~ VERIFIED [Jl451400 9SM/ Y2;J PM 3:fOr! RIGHT-OF-WAY USE AGREEMFANT This agreement entered into this al s~ day of ~a~ , 19q~ 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 ca led called the "REQUESTOR"). WITNESSETH: WHEREAS, the CITY is the owner of certain street rights-of-wa~ within the incorporated limits ofthe City of Sanford; and WHEREAS, these%Q~lic rights-of~way are held by the CITY for the benefit and gene 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, 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 recitais 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 t.he CITY will agree to a right-of-way use/improvementby the REQUESTOR of a portion of public right-of- way contiguous to.~,the REQUESTOR's property located at the following address , legal description: ~o ~/O (~/~ o //,4Z/(</7/82 / The agreement ~ill allow the REQUESTOR to on a portion of the public right-of-way in accordance with details shown on Attac~ent "A". Installation/improvement shall be subject to the following conditions: ~A)Construction dimensions, materials, color, and details~f X the E shall be as specified on Attac~ent "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 SECTION 3. ~I~EN.~CE~ESENSIBILITIES The REQUESTOR, and his successors and assigns, shall be responsible for perpetual maintenance of the improjement 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 accordancewith 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. ~INATION The CI~ reserves the right to unilaterally terminate this Page ~2- (ROW Use Agre~ent) 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 wlthlniD thirty (30) days of receipt of the termination notice from ~e-_a CITY. ~ SECTION 5. INDEMNIFICATION ~ To the fullest extent permitted by law, REQUESTOR agrees ~0 defend, indemnify, and hold harmless the City, its councilpersons, agents, servants, or employees (appointed, elected, orhired) 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. NOTICES Any notices required or permitted hereunder shall be in writing and shall be deemed properly made when deposited'in the United State mail,'p0stage 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 Manaqer CITY OF SANFORD P. O. 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 IN WITNESS WHERETO, th~.~ies have made and executed this agreement on the date f~i~s~ ~ritten above. ~/ ~- ~ CIm~;0F S~FO~, FLORIDA ;~ ~",~, a~uni~al Corporation ATTEST: '~ ~ .. ~ ~ ~. ' Print Name ~ ~ r, e ~y~ w~r~y As authorized for execution by Sanford City Co~ission at its ~. ~ ~ , 199~Regular Meeting, By:./ ue Print Name Date: By: ( Requestor ) Print Name Print Name Date: Attachment 06/01/95 (~reemen~) a:\agreemt\R~.~e Page -4- (ROW Use Agreement) CITY OF SANFORD APPLICATION FOR CERTIFICATE OF APPROPRIATENESS HISTORIC PRESERVATION BOARD DATE: & SITE IS PART OF: [~DOWNTOWN COMMERCIAL HISTORIC DISTRICT CZ] OLD SANFORD HISTORIC RESIDENTIAL DISTRICT CI~: ~-b ~ ' STATE: ~ ZIP CODE: TELEPHONE: (~) ~-~'~S' WORK:(~2 APPLI~N~S ADDRESS: ~- ~- CI~: STATE: ZIP CODE: TELEPHONE: ( ) WORK: Describe all changes in design, material, color, or location to the e~erior of building & prope~. ~r the pmje~ indlc~d, the bllc ~ ~ ~ : ~ample paint pallets br all paint color reque~ ~Photographs of exi~ing strudure and impad areas. D Full set of working drawings as required for building permit. ~ ,F NOTE: Appro~ed Appiicatlon is valid for 6 months. Applic~io's subjed to renewal by Hi~oric Prese~ation Board. Appli %~~ Date: ~ne~s SignOra: Date: OFFICIAL USE ONLY Minor b~ew D~e: ,5-1- ~ Hi~odc ~ese~on Board Meeting D~e: SixMo~ R~ D~: ComplY: ~ I~ompl~: ~ APPLI~TION FOR APPLI~ON IS: CE~FI~ OF APPROFRIATENE ~ DENIED C~OF ~NFORD San~, FL 32772 ~ COND~IONS: ( 07)330-5672 4 White Copy-Engineering & Planning; Yellow Copy-Building Dept.; Pink Copy-Code Enforcement; Gold Copy-Custo~ parc 25-i9-30-5AG-0402-0i00 CURRENT 98 date 05/06/96 name BARTHOLOMEW PHYLLIS K jvaI land $14o763 add1 agrc add2 179 HERON BAY CZR extra fea~ csz LAKE MARY, FL 32746 bldg $48,123 pad 207 MAGNOLIA AVE S cost value SANFORD, FL 32771 income nbhd 1,00 act own % total just value $62,886 td dot fig -- pro/late .... exemptions -- sxmp-amt yr tax due S3 11 0 - 1900 $1,450o31 e&i 0 NOTE= 95-452 MC TAVZSH DISCOUNT CARPET LEGAL LEG LOT 10 (LESS N 12 FT OF E 30 FT) + N 3 FT OF LOT 11 BLK 4 TR 2 TOWN OF SANFORD PB 1 PG 58 SALES SQ WD 01/96 03017 0922 $50,000 I land 11 12/02/86 SU WB 06/95 02939 0190 $100 I bldg 28 05/06/83 chg KIM 04/30/96 Note,Leg,Sale,Bld/land/xf,Prm~,AmdlO,Comm,Hlst,O~her Roll,F~doMaln Menu,[EXIT] Count: *0 <Replace>