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582-Ray MARYANNE MORSE S~,HINOLE COUNTY. F[ CLERK OF CIRCUIT CCU'Fj R COR~ ~ =' ~'ER 780 79 950EC-7 FH [: RIGHT-OF-WAY USE AGREEMENT This agreement entered into this ~ day of Florida Municipal Corporation whose Post Office address is P. O. Box 1788, Sanford, Florida 32772-1788, (hereinafter called the "CITY")and KENNETH D. RAY whose Post Office address is 308 West 24th Street, Sanford, Florida 32771 (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 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 308 West 24th Street , legal description: Lot 6 (Less BEG NW COR LOT 13 RUN E 32.25 FT N 23 DEG 58 MIN 39 BEC W 38.75 FT S 8 DEG 47 MIN 42 SEC W 33.38 FT TO BEG) & ALL LOTS ll & 12 BLK 11 HIGHLAND PARK The agreement will allow the REQUESTOR to install /maintain chain link fence not to exceed 4-foot height on a portion of the public right-of-way in accordance with detai~CD shown on Attachment "A". Installation/improvement shall be subje~ to the following conditions: A) Construction dimensions, materials color, and details a , . the chain link fence 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 lien on the REQUESTOR's property to recover costs of restoration. SECTION 4. TERMINATION The CITY reserves the right to unilaterally terminate this Page (ROW Use Agreement) 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 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 aris~ directly or indirectly out of or connected with the use of t~ City's right-of-way. ~ SECTION 6. NOTICES ~ Any notices required or permitted hereunder shall be ~n 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 Kenneth D. Ray 308 West 24th Street Sanford, Florida 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 S~.a6ie County. IN WITNESS W~'E''!~ =~ he parties have made and executed this agreement on t'he d i~s w~%ten above. ~ [ ~' ~-~ ,O . .~eHE~ CITY OF S~FO~, FLORIDA o __ []~ ~ ~, ~' =aj:~unicipal Corporation '; ' By: [TY ;CLE~ ' D. SMITH, MAYOR Print Name As authorized for execution by Sanford City Commission at its J/=-~'~ Jr', 199~"Regular Meeting. WITNESS: ' ~ Sy: ( Requestor Attachment 06/01/95 (Agreements) a:\agreemm~\R0~.use Page '4- (ROW Use Agreement) ~average distance from approx. 5' ~ z curb is 13' back of curb'~ / proper~y line / R/W line ~u~'~ / link fence ~~ / ~ C ~C. ~rive ar ~ x x Ho~se x x x x 24TH STREET Sanford Engineering & 308 W. 24th Street Sept. 1995 Planning Dept.