601-Pebble Junction-W 9th St RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this
and betweeh the City of Sanf rd
Florida Mun orporation whose Post office address is P.
Box 1788, Sanford, Florida 32772-1788, (hereinafter called the
"CITY") an CTI0 \
whose Pos office ad ress is O~ ~
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
and installation and maintenance 'of various public
utilities, and for conveyance, treatment, and disposal of
stormwater; and
WHER=~S, ~+ ~s ~ty policy to preserve ~h= utility of +~es~
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 ~ authorization from the
on 3/23
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., ~s sho~ by Attac~ent "B".
NOW THEREFORE, in consideration of the premises herein the
parties agree as follows:
SECTION 1. RECITALS
~m~4~alc true ~nd ~.~=~ an~ $~ a material
The above .... ~ __ are
partof this agreement upon which parties have relied.
SECTION 2. P~POSE
The purpose of this agreement is to doc~ent agreements and
h~ agreed
conditions thereto whereby the CI~%~=~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
legal description:
ha all d ~
The agreement w~=~e~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 subjec~
to the following conditions:
A) Construction dimensions, materials, color, and details of
the {a~sc~p~
shall be fied 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, wj. th 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. TERMINATION
The CITY reserves the right to unilaterally terminate this
Page -2-
(ROW Use agreement)
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 withi~
thirty (30) days of receipt of the termination notice from the~
CITY.
SECTION 5o 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 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 SANFOND
P. O. Box 1788
sanford, Florida 32772-1788
FOR THE REQUESTOR ~fk ~ ~o ~
Page - 3 -
(ROW Use Agreement)
SECTION 7. EFFECTIVE DATE
This agreement shall take effect upon the date that it is
executed by both parties heretO. ~ ~ ~o
SECTION 8. RECORDATION ~ ~ ~
The agreements contained in this document shall be perpetua~ ~
and run with the land. This document shall be recorded in the9 QD ~
official records of Seminole County. ~ o ~
iN WITNESS WHERETO, the parties have made and executed this
agreement on the date first written above.
THE CITY OF SANFOE, FLORIDA
a Municipal Corporation
~E D. SMITH, MAYOR
Print Name
As authorized for execution by
Sanford City Commission at its
~rcJn 2~ , 1991 Regular
Meeting.
WITNESS:
(Requestor)for Pebble Junction
Print N me Print Name
(Requestor)
Print Name Print N~e
Date: ~' ~~
Attachment
06/01/95
(Agreements) a:\agreemnt\ROW.use
Page '4-
(ROW Use Agreement)
RECORDS
P~GE
CO FL
SEHINOLE