568-Seminole Town Center 1997 RIGHT-OF-WAY USE AGREEMENT
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This agreement entered into this day of ~/* ,1997 by ar~ LO
between the CITY of Sanford, a Florida Municipal Corporation whose Post Office address is P.:~).
Box 1788, Sanford, Florida, 32772-1788, (hereinafter called the "CITY") and Seminole Towne m c.q
Center Limited Partnership whose Post Office address is P. O. Box 7033, Indianapolis, Indiana,
46207 (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 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 c:~ ~-<
disposal of stormwater; and "'
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WHEREAS, it is CITY policy to preserve the utility of these public rights-of-way for the abov~k,~
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 for a specific private purpose.
NOW THEREFORE, in consideration of the premises herein the parties agree as follows: '<
SECTION ~. RECITALS
The above recitals are true and correct and form a material part of this agreement upon wl'{~h
parties have relied.
SECTION 2, PURPOSE co
The purpose of this agreement is to document agreements and conditions thereto wherec° t
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CITY will agree to a right-of-way use/improvement by the REQUESTOR of a portion of public t
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of-way in proximity to the REQUESTOR's property located at the following address 200 Towne"~o
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Center Circle legal description: 5'-9" x 14'-2" area in the right-of-way of Towne Center BoulevaKf atr,o
the southwest quadrant of Towne Center Boulevard and State Road 46 intersection per Attachment
"A". This 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 following 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 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 line on the REQUESTOR's property to recover costs of restoration.
SECTION 4. TERMINATION
The CITY reserves the right to unilaterally terminate this agreement at any time, providing
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notice as prescribed below, Prior to any such termination, the CITY shall act in good faith to a~isf.,o
in locating an alternative, replacement location for subject improvement that is acceptable to bp, h
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the CITY and the REQUESTOR, providing that REQUESTOR has adequately fulfilled the duti~
stated herein. The REQUESTOR agrees that upon receipt of notice of termination of this r'-
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
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, judgments, losses,
expenses, damages (direct, indirect, or consequential), or injury of any nature whatsoever to person
or property, and the cost 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 ca
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Sanford. Florida 32772-1788 3:~0 :x~
FROM THE REQUESTOR Seminole Towne Center ~ r
Mall Manager ~ ~ n
Copy to: Seminole Towne Center Limited Padne~hip ~ :q~
A~n: General Counsel, Simon DeBa~olo Group
115 West Washington Street
Indianapolis, Indiana 46204
SECTION 7, EFFECTIVE DATE
This agreement shall take effe~ upon the date that it is executed by both pa~ies 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 o~cial 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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,: THE CITY Of SANFORD, FLORIDA
a Municipal Corporation m
Regular Meeting,
SEMINOLE TOWNE CENTER LIMITED
PARTNERSHIP, an Indiana limited partnership
By: SIMON PROPERTY GROUP, L.P., a
Delaware limited partnership, d/b/a Simon
Real Estate Group Limited Partnership.
General Partner
By: SIMON DeBARTOLO GROUP, INC.,
a Maryland c oration, General
, Chief Executive
Officer
OFFICIAL RECORDS
BOOK . PAGE
3239 0527
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