584-Tomlinson RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this /~ day of
Florida Municipal Corporation whose Post Office address is P. O.
rn
"CITY" ) and Carol Tomlinson o
whose Post Office address is 114 No. Su~erlin Ave. ~
Sanford, Fla. 32771 ~
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WHEREAS, the REQUESTOR has requested authorization from .the
CITY to utilize and/or improve a portion of the public right-of-way
i~ediately 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. MCITALS
The above recitals are true and correct and form a material
part of this agreement upon which parties have relied.
SECTION 2 · P~POSE
The purpose of this agreement is to doc~ent agreements and
conditions thereto whereby the CI~ 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 .2700 Park Ave. Sanford, Fla. 32773
,
legal description: Lots 7, 8 & 9 ( Less the North 5' of lot 7)
Parkview, as recorded in PB 3, pg. 89 of the
Public Records of Seminole Co., Fla.
The agreement will allow the REQUESTOR to install parking
in the city right of way (Park Ave)
on a portion of the public right-of-way in accordance with details
shown on Attachment "A". Installation/improvement shall be sub]ec~cD
to the following conditions:
A) Construction dimensions, materials, color, and details
shall be as specified on Attac~ent "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. ~I~CE MSPONSIBILITIES
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
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(ROW Use ~g~e~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 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
defend, indemnify, and hold harmless the City, its councilpersons~
agents, servants, or employees (appointed, elected, or hired)
and against any and all liabilities, claims, penalties, demands,
suits, judgements, losses, expenses, d~ages (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. N~ICES
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 Carol Tomlinson
114 No. Summerlin Ave
Sanford, Fla. 32771
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(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%2'
IN WITNESS WHERETO, the parties have made and executed this
agreement on the date first written above.
THE CI~ OF S~FO~, FLORIDA
a Municipal Corporation
~:' '" "" +; By:
As authorized for execution by
[ , 199[ Regular
Meeting.
~// Carol Tomlinson, Owner
Pint Na e Print Name
Date: 11/13/95
By:
(Requestor)
Print Name Print Name
Date:
Attachment
06/01/95
(Agreeme~s) a:~greenmt~.use
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(ROW Use Agreement)