616-Simpson RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this /3t~ day of
.//~L , 19¢~ 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
"CITY") and ~C~ ~ U Je ~4p/xg~ ~o
whose Post Office address is . I ~
(hereinafter called the "REQUESTOR"). ~ ~
WITNESSETH: ~
~EREAS, the CI~ is the owner of certain street rights-of-way
within the incorporated limits ofthe City of Sanford; and
~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
stormwater; and
~EREAS, it is City policy to preserve the utility of these
public rights-of-way for the above stated purposes; and
~EREAS, written authorization is required for any private use
of public lands; and
~EREAS, the REQUESTOR has requested 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 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 agreement upon which parties have relied.
SECTION 2. P~POSE
The purpose of this agreement is to doc~ent agreements and
conditions thereto whereby the CI~ will agree to a right-of-way
use/improvement by the REQUESTOR of a portion of public right-of-
way contiguous to the REQUESTOR's property located at the following
The agreement will allow the REQUESTOR to install
on a portion of the public right-of-way in accordance with detail~
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 "~".
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.
SECTZON 3. ~L~INTENANCE RESPONSIBILITIES
The REQUESTOR, and his successors and assigns, shall be
responsible ~or peEpetual maintenance o~ the improvement installed
under this agreement. This shall include maintenance .o~ the
improvement and unpaved portion o~ right-o~-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. E~INATION
The CITY reserves the right to unilaterally terminate this
Page
(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 withi~
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. NOTICES
Any notices required or permitted hereunder shall be in
writing and shall be deemed properly made when depositedin the
United State 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 THE CITY William A. Simmons, City Manager
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 County.
IN WITNESS WHERETO, the parties have made and executed this
agreement on the date first written above.
$ a ~ ~THE CITY OF SANFORD, FLORIDA
.... ~"': ~unicipal Corporation
ATTEST:
)~ cnE~ D. S~ITm ~A~OR
Print Name
As authorized for execution by
sa~ r~c~_~ co~i~ion ~t it~
inrdg , 199! Regular
Me .
WITNESS:
(Requef~or)
Print Name Print Name~
Print Name Print Name
Date=
Attachment
06/01/95
(agreements) a:\agreexmt\ROW.use
Page '4-
(ROW Use Agreement)