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561-Sanford Main Street MARYANNE ~ORSE SEN NOLE COUNTY, ~L /i- % I CLERK OF CIRCUtT CgU~'C ' ' RECORDE0 ?: VER F.[ 112 4 6 0 s5 JuN -8 PM 2:27 ~ZG~-O~-~ ~S~ ~G~ This agreement entered into this [~ day , 199/f by and between the City of Sanford, a Florida Municipal Corporation whose address is 300 North Park Avenue, Sanford, Florida 32771, (hereinafter called the "CITY") and Sanford Main Street, Inc. (hereinafter called the "REQUESTOR"). m ~, c:>-~ WITNESSETH: rl ht WHEREAS, the CITY is the owner of certain street 'g s-of~ay within the incorporated limits of the City of Sanford; and WHEREAS, these public rights-of-way are held by the CITY' fo~ 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 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 (within Sanford Mai Street area). i~ediately adjacent to his (proof of ownershipSinterest required) property for a specific private purpose. NOW THEREFORE, in consideration of the premises herein the parties agree as follows: SECTION 1. RECITes The above recitals are true and correct in form and 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 CITY 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 address Magnolia Square and the right-of-way of the 12-foot wid~ east-west alley just south thereof. legal description: Th~ ~fh~ly 129 feet of Ma~nli~ lying between Block 3, Tier 2 and Block 3, T~ R of R.~.TraffQrd,s Map of the Town of Sanford according to the plat thereof as recorded in Plat Book 1. Pages 56 ~o 64 ~ ~h~ Public Record~ of Seminole County, Florida. The agreement will allow the REQUESTOR to retain/installa farmer's .market on Saturdays between 7:00 AM and 1:00 PM, all structures are to be temOorarv and removed s~ ~h~ ~ of each marke. t ~sy. on a portion of the public right-of-way in accordance with detai~ shown on Attachment "A". Installation/improvement shall be subje~ to the following conditions: A) Construction dimensions, materials, color, and details~ 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. ~IE~CE ESPONSIBILITIES (* See below) 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 ofright-of-way adjacent thereto. REQUESTOR may, with written City authorization, remove the said installation/improvement fully restoring the right-of-way to its previous condition. If the EQUESTOR does not continuously maintain the improvement and area in accordance with previously stated criteria,' or completely restore the right-of-way to 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. TE~INATION The CI~ reserves the right to unilaterally terminate this Page -2- (ROW Use Age~ent) * This Section is not applicable to the use intended. Sanford Main Street will be responsible for clean-up after each market day. 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 within thirty (30) days of receipt of the termination notice from the CITY. SECTION 5. INDEMNIFICATION The REQUESTOR shall fully indemnify the City from any Claim~o which may result from the installation/improvement placed in_~h~ right-of-way by the REQUESTOR pursuant to this agreement. SECTION 6. NOTICES Any notices required or permitted hereunder shall ' b~ writing and shall be deemed properly made when deposited in th~ United State mail, postage paid, and addressed as set forth herein, or at such other address as shall have been specified by writte~ 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 FOR THE REQUESTOR Chris Cranias, President Sanford Main Street, Inc. P. O. Box 1741 Sanford, Florida 32772-1741 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 Page -3- (ROW Use Agreement) ~THE CITY OF SANFORD,'n/'' FLORIDA ~ ~' 0~-I~uniciPa~ Corporation ATTEST: '~' ~/.'" DEPU E ' ~YOR As authorized for execution by Sanford City Commission at its /~,~v a~//eer-', ~ Regula~o Meeting. ~e u3 ~o WITNESS: ~ ~ OR ) ~' ~'~ Dat (Agreements) a:\agreemnt~0W.use 11/10/94 Page -4- (ROW Use Agreement) Attachment A Booth Appearance 1. Booths will be 10' by 10'. No single vendor's area will exceed 20' by 20'. 2. Booths will be a minimum of 5 feet apart. 3. There will be no permanent fixtures or displa~. 4. Two directional and identification signs, supplied by the State Bureau 'of Farmers' Markets, will be posted only on the day of the Market (example drawing attached). 5. If other signs are determined to be necessary, Sanford Main Street wilt work within the guidelines of City ordinances and will submit details for approval at that time. 6. A more detailed schematic of the market area will be provided when .~ there is a final count of vendors. Please note that the intent of Sanfor~ Main Street is not to "over do" the area, but to leave a portion of the r-- Square open for customer relaxation and socializing. 7. Sanford Main Street will ensure that vendors keep their areas neat .c~. during hours of operation and clean their individual areas after the Market closes. General 1. The Farmers' Market will operate on Saturdays between 8:00 am and 12:00 noon in the summer and between 8:00 am and 1:00 pm in the fall winter and spring. 2. Florida fresh produce, baked goods, food and beverages, specialty plants and flowers will be sold. No crafts or flea market items will be allowed.