568-Seminole Towne Center 1995 MARYANNE HORSE SEMINOLE COUNTY, FL,
..CLERK OF CIRCUIT COU?,i' RECORDEO & VERIF1ED
732q. 87 95AU2_,-1 .NtI',03
RIGHT-OF-WAY USE AGREEMENT
~ ~3C:D
This agreement entered into this c2?%ayof x/t/~/~ , 1995, by and betwee~-
the City of Sanford, a Florida Municipal Corporation whose address is 300 North Park Avenue, c~ --- c~
Sanford, Florida, 32771, (hereinafter called the "CITY") and Seminole Towne Center Limited
Partnership (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 fights-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 ~'om the CITY to utilize
and/or improve a portion of the public fight-of-way 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
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(ROW Use Agreement)
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
a th ~ z- o"n
public right-of-way in proximity to the REQUESTOR'S property located t e ollowing addi~s
200 Towne Center Circle legal description: a 7'~0" x 12'-0" area in the o
r"
Frl
fight of way of Towne Center Boulevard at the southwest quadrant of Towne Center Boulevartb rn
and State Road 46 intersection per Attachment "A" TI~I$
agreement will allow the REQUESTOR to install a project identification pylon
sign on a portion of the public right-of-way in accordance with details
shown on Attachment "A". Installation/improvement shall be subject to the foliowing conditions:
A) Construction dimensions, materials, color, and details of the pylon
sign shall be as specified 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, with
written City authorization, remove the said installation/nnprovement fully restoring the right-of-
way to its previous condition,
If the REQUESTOR does not continuously maintain the improvement and area in
Page '2-
['ROW Use Agreement)
accordance with previously stated criteria, or completely restore the fight-of-way to previous
condition, the CITY shall, af[er 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.
r~ ~ cD"n
SECTION4. TERMINATION _:-!: co :~
r o
The CITY reserves the right to unilaterally terminate this agreement at any time, p owdin~
S.~ I'~
notice as prescribed below. Prior to any such termination, the City shall act in good faith to assi
in locating an alternative, replacement location for subject improvement that is acceptable to bottf'
the CITY and the REQUESTOR, providing that REQUESTOK has adequately ful~lled the duties
stated herein. The REQUESTOK agrees that upon receipt of notice of termination of this
agreement that he will expeditiously remove the installation/improvement and retum 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
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 fight-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 States real, postage paid, and addressed as set forth
Page
(KOW Use A~reement)
herein, or at such other address as shall be specified by written notice to the other party delivered
in accordance herewith:
FOR THE CITY William A Simmons. City Manager co
CITY OFSANFORD
P. 0. Box 1788 t-
Sanford, Florida 32772-1788 c~
FROM THE REQUESTOR Seminole Town Center
Mall Manager
Copy to: Seminole Towne Center Limited Partnership
ATTN: General Counsel. Simon Property Group
115 W. Washington Street
Indianapolis, IN 46204
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 agreement on the
date first written above.
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(ROW Use Agreement)
Date:
~ autho~ed for execution by S~ord
Co~ssion at it 8 ,1995
Mee~g.
WITNESS:
By: SEE PAGE 6
( REQUESTOR )
Date:
Attachment
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Page '5-
(ROW Use Agreement)
SEMINOLE TOWNE CENTER LIMITED
PARTNERSHIP, an Indiana limited partnership
By: SIMON PROPERTY GROUP, L.P., a
Delaware limited partnership, its general
partner
By: SIMON PROPERTY GROUP,
INC., a Maryla corporation, its
general partne
Witne~~ ~d
~ By: Davi ent and/
Schneider
Chief Executive Officer
Date: July 10, 1995
Page '6-
(ROW Use Agreement)
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