563-Tuckers Farm , MARYANNE MORSE SEMINOLE COUNTY. FL 5/,D5
. . ~ CLERH OF ClRCUIT CQuEVC RECORDE3 ~, VERIF~i' OFFiCL,~L RECORDS
~ ,. ,, ~nnK PAGE
'~ 0q27 1505
RIG~-OF-WAY USE AG~
This agreement entered into this ~ / s3 day
of ~ , 199~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
(hereinafter called the "REQUESTOR").
WITNESSETH:
WHEREAS, the CITY is the owner of certain street rights-of-way
within the incorporated limits of the City of Sanford; and
WHEREAS, these public r. ights~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
public rights-of-way ~or the above stated purposes; and
WHEREAS', written auth0rizationis 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
immeaiately 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 in form and 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
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: ~/~
The agreement will allow the REQUESTOR to ~etain/install A o
on a portion of thepublic right-of-way in accordance with details
shown on Attachment "A". Installation/improvement shall be subject
to the following conditions:
A) Construction dimensions, materials, color, and details of
the ~o.~ ~_ sha~! be as specified on Attac~ent
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 the 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 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. TE~INATION
The CITY reserves the right to unilaterally terminate this
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(ROW Use Agre~ent)
agreement at any time, providing notice as prescribed below. The
REQUESTOR agrees that upon receipt of notice of termination of th~
agreement that he will expeditiously remove t~
·
installation/improvement and return the right-of-way to
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 claims
which may result from the installation/improvement placed in the
right-of-way by the REQUESTOR pursuant to this agreement.
SECTION 6. NOTICES
I 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
Sanford, Florida 32772-1788
FOR THE REQUESTOR
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
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(ROW Use Agreement)
LEGIBILITY LINSATISFACHRY
I:OR M]CROFILI~ING
agreement on the date ~it
e' rs~i
= ~ ~:,,.~1 . ~ (n ~C) CUD
THE CITY OF SANFORD, FLORIDA .~ --] x~
.~ .........a Municipal Corporation r-
ATTEST: ~- 9 '- ~
D[PUF{ CITY CLERK =~===~ D. , MAYOR
As authorized for execution by
Sanford City Commission at its
~,~y J~/G e ~- , ~ Regular
Meeting.
WITNESS:
Date
(Agreements) a:\agreenmt\ROW,use 11/10/94
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(ROW Use Agreement)