613-Mills RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this day of
~ , 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
"c TY"I and
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 ofthe 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
WHEREAS, it is City policy to preserve the ~tility of these
public rights-of-way ~or 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 recitals are true and correct and form a material
part of this agreement upon which parties have relied.
SECTION 2. PUPaPOSE
The purpose of this agreement is to document agreements and
conditions thereto whereby the CITY will agree to a right-of-way
use/improvement by the REQUESTOR of a portion of public right-of-
way contiguous to.~he 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 detai~
shown on Attac~ent "A" Installation/improvement shall be subj~
to the following conditions:
A) Construction dimensions, materials, color, and details of
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) REQUES~R shall otherwise fully comply with all
applicable portions of the City Land Development
Regulations.
SECTION 3. ~I~CE ESPONSIBILITIES
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
restoration.
SECTION 4. E~INATION
The CITY reserves the right to unilaterally terminate this
Page -2-
(R~ 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
previous condition. All restoration must be completed with~
thirty (30) days of receipt of the termination notice from t~
CITY.
SECTION 5. I~IFICATION
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, d~ages (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 SANFORD
P. O. Box 1788
Sanf ~d, Florida 32772-1788
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.
SECTION 8. RECORDATION co
The agreements contained in this document shall be p petu~ --] cr~
and run with the land. This document shall be recorded in th~ ~
official records of Seminole County. ~ m
IN WITNESS WHERETO, the parties have made and executed th CO ~c
agreemen~n~ ~date first written above.
~]-.~ =~]~:~ THE CITY OF SANFORD, FLORIDA
.~ .~A!!.~. ~ ~ ...... ; a Municipal Corporation
~!' : ~
=~ By:
MAYOR
/ Date:
Print Name=:i"~=<~
As authorized for execution by
, 199~ Regular
WITNESS:
By:
(Requestor)
Print Name Print Name
Date:
Print Name Print Name
Date: z~/~/d~d~
Attachment
06/01/95
(Agreements) a:~greemnt\ROW.use
Page -4-
(ROW Use Agreement)
parc 25-19-30-SAG-0510-0010 CURRENT 96 date 04/24/96
name MILLS JERRY ~ jval land $17,000
add1 agrc
add2 701 3RD ST ~ extra feat $160
csZ SANFORD, FL 32771 bldg $65~970
pad 701 3R0 ST ~ cost value
income
nbhd 1,00 act R own % total just value $839130
td dot flg -- pre/late .... exemptions -- exmp-amt yr tax due
S1 O1 0 00-1994 1900 $863o12
HMST e&i 0
NOTE: 971~-1845 282-433 760-38 778-6 1878-1273-Q0 i880-693-~D
LEGAL LEG LOTS 1 + 2 BLK 5 TR 10 TORN OF SANFORD
PB 1 PG 61
SALES SQ NO 07/79 01231 0862 $25,000 I land 30 04/08/91
bldg 30 01/08/96
chg KIN 01/10/96
Note,Leg,Sale,Bld/land/xf,Prmt,AmdlO~Comm,Rist,Other Roll,Fwd,Main Nenu,]EXiT]
Count: *0 <Replace>
MEMORANDUM April 23, 1996
TO: Mayor and City Commission
VIA: Bill Simmons, City Manager
SUBJECT: Right-of-Way Use Agreement for et
The attached right-of-way use agreement for a wooden fence adjacent to Maple Avenue
has been reviewed by the Department of Engineering and Planning and is recommended
for approval. '
attachments