564-First Baptist Church MARYANNE HORSE SEHINOLE COUNTY, FL, 5GL'/'
CLERK OF C~RCUIT CCU;~ ~ REECORDEP, & VERIFIE[]
722960 95JUL -6 PH 3:C0
RIG~-OF-WAY USE AGP~
This agreement entered into this 25 day of
MAY , 1995 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
"CITY") and FIRST BAPTIST CHURCH OF SANFORD
~/hose Post Office address is 519 FAR[ AVENUE, SANFORB. FL 3277~
(hereinafter called the "REQUESTOR").
WITNESSETH:
WHEREAS, the CITY is the owner of certain street rights-of-way
within the incorporated limitsof the 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
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
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. 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
address 519 Park Avenue, Sanf0rd, FL 32771 ,
legal description: Lots 6 and 7, Block 7, Tier }, E.R. Traff0rd's map 0f the town of
Sanf0rd, Plat Book 1, Pages 56-64, as recorded in the Public Records of Seminole
County, Florida.
The agreement will allow the REQUESTOR to install rB~pS and
landscaping
on a portion of the public right-of-way in accordance withdetails,.~
shown on Attachment "A" Installation/improvement shall be
· sub t
to the following conditions:
A) Construction dimensions, materials, color, and detail~f
the ramps and landscaping
shall be as specified on Attac~ent "A". ~ m~
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. TE~INATION
The CITY reserves the right to unilaterally terminate this
Page -2-
(ROW 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 its
previous condition. All restoration must be completed withinG
thirty (30) days of receipt of the termination notice from e
CITY.
SECTION 5. INDEMNIFICATION o
To the fullest extent permitted by law, REQUESTOR agrees (cOCO
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 SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
FOR THE REQUESTOR FIRST BAPTIST CHURCH OF SANFORD
519 Park Avenue
Sanford, FL 32771
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
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 th~
agreement on the date first written above.
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
~ST: ~ ~" .,~
By: '
D. YOR
Date: ~ ~
Print'-N~me"
:;~'
As authorized for execution by
Sanford City Commission at its
~/~ ~ ~ zok , 199__Dl"Regular
Meeting.
FIrST BAPTIST CHURCH OFSANFOPa), INC.
WITNESS:
Requestor
Barbara U. O'0uinn William L. Colbert, Trustee
Print Name Print Name
Date: June 19, 1995
By:
(Requestor)
Print Name Print Name
Date:
Attachment
06/01/95
(Agreement) a:\agreemt\ROW.~e
Page -4-
(ROW Use Agreement)
OEEICIAL RECORDS
BOOK PAGE;
2937 0'785
SEMINOLE CO. FL.
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---- ALLEW
i
First Baptist Church
519 Park Avenue · Senford, FIodda 327'71 · (407) 322-6(341
RECEIVED~
CITY OF SAN O~RB
June 19, 1995
W.A. Simmons, P.E.
City Manager
P.O. BOX 1788
SanfOrd, R 32772-1788
Re: Right Of Way use Agreement/or FirSt Baptist Church
Dear Mr. Simmons:
~ursuant to your request, enclosed herein is the executed Right of way Use
Agreement on behalf of FirSt Baptist Church of Sanford, Inc along with a
copy of the Certificate of Corporate Resolution authorizing me to execute
the above referenced.
Please advise (f ( may be of further assistance.
Sincerely,
FIRST BAPTIST CHURCH OF
"A Vision for the Future and a Message for Today"
CERTIFICATE OF CORPORATE RESOLUTION
I HEREBY CERTIFY that I am the duly elected and qualified'
Secretary of FIRST BAPTIST CHURCH OF SANFORD, INC., a Florida
corporation (the "Borrower"), and the keeper of the records and
corporate seal of the Borrower, and that the following is a true
and correct copy of a resolution duly adopted at a meeting to the
Board of Directors Of the Borrower held in accordance with the
Articles of Incorporation and Bylaws of the Borrower on the 23rd
day of January, 1994, at which meeting a quorum was present and
acting throughout.
I FURTHER CERTIFY that the resolutions set forth below are in
full force and effect and have not been altered, modified or
rescinded.
BE IT RESOLVED that the Board of Directors of
the Borrower deems it advisable and hereby
approves obtaining a loan from Sun Bank,
National Association, ("Lender") a national
banking association organized and existing
under the laws of the United States of
America, said loan in the original amount of
$1,560,000.00. Borrower will give to Lender,
as security for the loan, a first mortgage
lien on Parcel A of real property owned by
Borrower and a security interest and lien on
all personal property and fixtures attached
thereto or used in connection therewith; the
real property situate, lying and being in
Seminole County, Florida, and being more
particularly described in EXHIBIT "A" attached
hereto and by this reference made a part
hereof.
BE IT FURTHER RESOLVED that WILLIAM L,
COLBERT, as Chairman of the Board of Trustees,
is hereby authorized, directed, and empowered,
on behalf of the Borrower to execute Closing
Statement, a Mortgage Note, a First Mortgage
and Security Agreement, an Assignment of
Leases and Rentals, Borrower's Affidavits, UCC
Financing Statements, Construction Loan
Agreement, and any and all other documents
necessary to the proper closing of the
transaction.
BE IT FURTHER RESOLVED that the aforesaid
officer of the Borrower is hereby authorized,
empowered and directed to execute all other
documents and to take whatever other action he
deems necessary or desirable to carry out the
intent of the foregoing.
BE IT FURTHER RESOLVED that neither the
Articles of Incorporation nor Bylaws of the
Borrower prohibit the proposed execution of
all documents of security in connection
'therewith.
IN WITNESS WHEREOF, I have hereunto affixed my name as
Secretary, and have caused the corporate seal to be hereunto
affixed, this 17th day of August, 1994.
Secretary/Clerk
(CORPORATE SEAL)