578-Central FL Regional Transpo CLERK OF CIRCUIT C9 ! .t
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RIGHT-O F- W A Y -US~ A G~~
This agreement entered into this of C) c~g~,. ,1995 by and bet~emn o-'n
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the City of Sanford, a Florida Municipal Corporation whose Post Office Box address is 1~.
Box 1788, Sanford, Florida 32772-1788, (hereinafter called the "CITY") and Central Florida
Regional Transportation Authority, a body politic and corporate created by Part II, Chapter 39, (.~
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_-'~ Florida Statutes, whose principal place of business is at 225 East Robinson Street, Suite 300,
cq Orlando, Florida 32801.(hereinafter called the "REQUESTOR).
-~co 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
c general use of the public for functions including, but not limited to, vehicular and pedestrian
o~ 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
c~ for the above stated purposes; and
CO WHEREAS, written authorization is required for any private use of public lands;
~ ~ and
>,CO WHEREAS, the REQUESTOR has requested authorization from the CITY to
· -, × - utilize and/or improve a portion of the public right-of-way for installation of a public transit
>, · ~- passenger shelter.
~ 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
rn
The purpose of this agreement is to document agreements and conditions the~ito
r
whereby the CITY will agree to a right-of-way use/improvement by the REQUESTOR
portion of public right-of-way. The agreement will allow the REQUESTOR to install pu~ic
transit passenger shelters and transit stop identification on a portion of the public fight-of-way
in accordance with details shown on Attachment "A." Installation/improvement shall be subject
to the following conditions:
A) Construction dimensions, materials, ~olor, and details of the public l~ansit
passenger shelters and transit stop identification 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
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,
during the term of this agreement, with written city authorization, and upon expiration of this
agreement will remove said installation/improvement fully restoring the right-of-way to
substantially its previous condition.
If the REQUESTOR does not continuously maintain the improvement and area
in accordance with previous 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 conditio0.r,at
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the REQUESTOR's expense. X_ ~:~ :~
SECTION 4. TERMINATION rn
The City and REQUESTOR beth reserve the right to terminate this agreemen t
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 substantially its previous condition. All
restoration must be completed within one hundred twenty (120) days of receipt of the termination
notice.
SECTION 5. INDEMNIFICATION
To the extent permitted by Florida Law, REQUESTOR agrees to defend,
indemnify, and hold harmless the City, its councilperson, agents, servants or employees
(appointed, elected, or hired) from and against any 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 costs and expenses incident thereto (including costs
of defense, settlement, and reasonable attomey's fees up to and including and appeal) arising out
of REQUESTOR'S use of the shelter.
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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 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 r~
City of Sanford
P.O. Box 1788
Sanford, FL 32772-1788
FOR THE REQLIESTOR LYNX
225 East Robinson Street, Suite 300 --n
r ~'~
Orlando, FL 32801 , ._.
WITH COPY TO Holland & Knight
P.O. Box 1526
Orlando, FL 32802
SECTION 7. EFFECTIVE DATE
This agreement shall become effective on the date set forth above (the ~Effective
Date").
SECTION 8. TERM
This agreement shall commence on the Effective Date and shall expire 5 years
from the Effective Date unless otherwise agreed by the parties.
SECTION 9. RECORDATION
This document shall be recorded in the officials records of Seminole County.
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IN WITNESS WHERETO, the parties have made and executed this agreement
on the date first written aboye. f ~i ~ ~,
ATTEST: , . ; ~.:,' ' .....
~,,t Name ':; :'-' a :'7 ':ili: i,,: ,- ':' ith, Mayor'~ ~ ""'
Date: Oc_+. IO~ Iqq5 r'-
As authorized for execution by
Sanford City Commission at its ' r,~
acr:. ,~ , 19 ,)._~~'
Regular Meeting
WITNESS: CENTRAL FLORIDA REOIONAL
TRANSPORTATION AUTHORITY,
a body politic,
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