Loading...
592-Cheek SEMINOLE COUNTY, FL- MARYANNE MORSE RT :z::,,, -' CLERK OF CIRCUIT COU ' RECORDED. &VERIFIED 8 i7 0 7 14 96tqltR I PH 2: hrj RIGHT-OF-WAY USE AGREEMENT This· agreement entered into this day of , 19 by and betweeh the City of Sanford, a Florida Municipal Corporation whose Post Office address is P. Box 1788, Sanford, Florida 32772-1788, (hereinafter called th~ "CITY") and C whose Post Office address is (hereinafter called the "REQUESTOR") WITNESSETH: WHEREAS, the CITY is the owner of certain street rights-of-way within the incorporated limits of Lthe 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 co public rights-of-way for the above stated purposes; and cO ~ WHEREAS, written authorization is required for any private use c~ of public lands; and _a WHEREAS, the REQUESTOR has, requested authorization from · the ~ CITY to utilize and/or improve a portion of the public right-of-way c immediately adjacent to his (proof of ownership/interest required) c~ property for a specific private purpose. cO ~' NOW THEREFORE, in consideration of the premises herein the >< cc parties a~ree 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 xm use/improvement by the REQUESTOR of a portion of public right-of- ~ way contiguous to the REQUESTOR's property located at the following legal description: L o~ \ '~uod¢ ~ ~ 7~ ~-uc~ t )~v-f ~ ~ The agreement ~ill allow the REQUESTOR to install ~8~ ~ on a portion of the public right-of-way in accordance with detai~ shown on Attac~ent "A". Installation/improvement shall be subje~ to the following conditions: A) Construction dimensions, materials, color, and details of the ~ ~ 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 Regulations. SECTION 3. ~I~CE 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. ~INATION The CITY reserves the right to unilaterally terminate this Page -2- (ROW Use Ag~e~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 expedi.tiously remove the installation/improvement and return the right-of-way to its previous condition. All restoration must be completed withi3] thirty (30) days of receipt of the termination notice from t~ CITY. m SECTION 5. INDEMNIFICATION o 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, deages (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. N~ICES Any notices required or permitted hereunder shall be in writing and shall be deemed properly made when deposited in 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 SANFOE P. O. Box 1788 Sanford, Florida 32772-1788 FOR THE REQUESTOR P6~e -3- (~OW Use ~teement) 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 th~ official records of Seminole County. IN WITNESS WHERETO the parties have made and executed thi~ agreement on the date first written above. ',%,M nioipal Corporation As authorized for execution by , 199~ Regular Meeting. WITNESS: ~(~ ~ . (Requestor) Print Name Print Name Date: By: (Requestor) Print Name Print Name Date: Attachment 06/01/95 (~reeme~s) a:~greemnt\ROW.~e Page -4- (ROW Use Agreement) · ' CITY OF SANFORD APPLICATION FOR CERTIFICATE OF APPROPRIATENESS~ HISTORIC PRESERVATION BOARD DATE: I / I P i SITE IS PART OF: [] DOWNTOWN COMMERCIAL HISTORIC DISTRICT [] OLD SANFORD HISTORIC RESIDENTIAL DISTRICT S~TEADDRESS:COC~ F l I~-- ,~,~:-F-~4 ,}_c_ '~_'~-~ / BUSINESS OR SITE NAME: TAX PARCEL NO.: m OWNER'S NAME: (a ~ o m ca OWNER'S ADDRESS: ~a..~ ~,, ~ '-~ CITY: STATE: ZIP CODE: TELEPHONE: (',(-6%) '~ c)-~- ~'t (.o ~" WORK: APPLICANT'S NAME: ~ APPLICANT'S ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE: ( ) WORK: Describe all changes in design, material, color, or location to the exterior of building & properly. A~tach additional pages if necessary. Submit a site layout or drawing for each request. For the projects indicated, the following support data is required: [] Sample paint pallets for all paint color requests· [] Photographs of existing strudure and impact areas. [] Full set Of working drawings as required for building permits. NOTE: Approved Application is valid for 6 months. Application is subjed to renewal by Historic Preservation Board. ,,,,,,2:;;::::' """" ':"  Date: '} p' , . '-- ..,.: OFFICIAL USE ONLY Minor Review Date: Historic Preservation Board Meeting Date: Six Month Review Date: Complete: [] Incomplete: [] APPLICATION FOR APPLICATION IS: CERTIFICATE OF APPROPRIATENESS [] DENIED c~Y OF SANFORD RO. Box 1788 [] APPROVED Sanford, FL 32772 4~APPRO~/ED WITH CON ITIONS: Signature of Chairperson: 2.~,~.~,_ Date: .,.i.,,,, signature o~ Aaministrati~e Omciah Date: :2 White Copy-Engineering & Planning; Yellow Cop~alf~in~"Dept.; Pink Copy-Code Enforcement; Gold Copy-Customer © ~ 2.0' from cuP~ PROPOSED by Applicant ~]~' WOOD T ~ ~- '~ 5' FROM CURB RECOMMENDED BY FENCE ~ ~ DE RTMENT OF ENGINEERING & P~NNING 30~1~ I 0~8 PA ~' ......F' ~ "...~".".:".'"t"""V~"'""~"J~'.~ .......~-~.~ .... .!- ~.. ~ ~B~ ~ ill ~ I I ~1 I I I I I ~ I~ "1 s~er manholes ~i i~ 'i ~pping ~tone ~ ~. ,~ ~,, ~ tree I ~ ::L I ~ . ~alk ~x~~ ~ ~ ( ~ical ) ~ 2 Sty s::< ~ Frame , ~ Residence LOT ~ , ~ LOT .......................... I i LOT 7 LOT A I Eng. & Plan. RIGHT-OF-WAY USE REQUEST Dec. 1995 Department 207 E. 11TH STREET