587-Zimmer Krech ', MAP, YANt-E HOP-.SE SEHINOL!T COUNTY, F~ '
~LERK OF CIRCUIT COUR'T RECORDE~ ,~,, VERIFIE,, 5S 7
., ,.- 19 3 10 9 9s ma: o Io= ss
RIGHT-OF-WAY USE AGREEMENT
This' agreement entered into this qk~ day of
.C~~ , 19 by and betweeh the City of Sanford,
F rida Municipal Corporation whose Post Office address is P.
Box 1788, Sanford, Florida 32772-1788, (hereinafter called th~
"CITY") and ZIMMER-KRECH ASSOCIATES, INC.
whose Post Office address is c/oWilburn R. Erech, P. 0. Box 4009,
Enterprise, Florida, 32725 ,
(hereinafter called the "REQUESTOR").
W, ITNESSETH:
WHEREAS, the CITY is the owner of certain street rights-of-way
within the incorporated limits ofthe 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
DATE
ITEM
address 200 S. French Ave., Sanford, FL 32771
legal description: Lot 1, Block 4, Tier 9, E. R. TRAFFORD'S MAP OF
TOWN OF SANFORD, Plat Book 1, Pages 56 through 64, Seminole County, Florida.
The agreement will allow the REQUESTOR to install parking spaces on~e'~D
South side of WeSt 2nd Street, West of French Avenue.
on a portion of the public right-of-way in accordance with detail~
shown on Attachment "A". Installation/improvement shall be subject~
to the following conditions:
A) Construction dimensions, materials, color, and details of
Also see City of
the parking spaces (already existing and paved) Sanford letter dated
April 23, 1985 attached.
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 ~SPONSIBILITIES
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. ~INATION
The CITY reserves the right to unilaterally terminate this
Pa~e -2-
(ROW Use A~=e~ent)
agreementat any time, providing notice as prescribed below. The
REQUESTOR agrees that upon receipt of notice of termination of this
agreement that he will expedi.tiously 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. I Dm FICAT ON
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 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 ~{E REQUES~DR ZIMM~-KRECH ASSOCIATES, INC.
c/o Wilburn R. Krech
P. 0. Box 4009
Enterprise, Florida 32725
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 Seminole County.
IN WITNESS WHERETO, the parties have made and executed this
agreement on the date first written above.
THE CITY., OF SANFOE, FLORIDA
· '~'~ A a. Municipal Corporation
ATTEST: -- ,~ ~ %
RK D'L SMITH MA
, YOR
M. Lee Albright Wilburn R. Krech for ZIMMER-KRECH ASSOC., INC.
Print Name Print Name
Date: /~- ~S&~- ~4J
By:
( Requestor )
Print Name Print Name
Date:
Attachment
06/01/95
(~reeme~8) a:\agreemn~\R~.use
Page -4-
(ROW Use Agreement)
DIRT ALLEY
.--,-..'
existing pav!ng~ ." Q r
~ ....10' X 20' ~
' ' '
~,~ ,
2 3 4 5 ~. ~."""
~ ,' ~ ,,"'
HC
,,.,,
1 S~ CONC. "" 9 ,,,.'.
BLK COMMERCIAL
BLDG. ,.,"" 10
~ , .....,
/,.,.,,
//. '~,
-- Landscaping ~
sidewalk
US 17-92 '
(FRENCH AVENUE)
NOTE: R/W parking originally Approved by City
Commission 6/16/88.
ENG/PLAN. R/W USE REQUEST
DEPARTEMENT 200 FRENCH AVE. DEC. 1995
parc 25-19-30-5AG-0409-0010 CURRENT 96 date 12/13/95
name ZIMNER-KRECH ASSOC INC jval land $33,780
addl '~ agrc
add2 P 0 BOX 4009 extra feat $1,390
csz ENTERPRISE, FL 32725 bldg $56~1.90
pad 200 FRENCH AVE S cost value
lncome
nbhd 1.00 act A own % total ~uet value $91,360
td don flg -- pre/late .... exemptLone -- exmp-amt yr tax due
S1 17 0 ~ 1900 $2,107,87
e&i 0
HOTE: ZIMMER-KRECH I~17-14O7-FJ 326-368-W0 1973-1283-Q0
LEGAL LEG LOT I BLK 4 TR 9 TOWN OF SANFORD
PB I PG 61
SALES Sq WD 06/88 01968 1300 $125,000 % land 24 06/20/83
bldg 03 09/15/88
chg 01/01/00
Note,Leg,Sale,gld/land/xf,Prmt,AmdlO,Comm,Hiet,Other Roll,F~d,Nain Menu,EEXIT]
Count: *0 <Replace>
TRUST AGREEMENT
TRUST AGREEMENT made this ~n day of O~r' ,
1993, between WILBURN R. KRECH (hereinafter called the "Settlor")
and WILBURN R. KRECH (hereinafter called the "Trustee").
ARTICLE 1 - NAME OF TRUST
This Trust shall, for convenience, be known as the WILBURN
R. KRECH FAMILY TRUST and it shall be sufficient that it be
referred to as such in any instrument of transfer, deed, assign-
ment, bequest or devise.
ARTICLE 2 - TRUST PROPERTY
2.1 Initial Property. The Settlor is causing the death
benefits of the life insurance polioies set forth in Schedule A
annexed heretoto be made payable to the Trustee, the proceeds of
such policies to be. held in trust and distributed as hereinafter
set forth. In a~dition, the Settlor hereby transfers and deliv-
ers to the Trustee the property listed in Schedule A annexed
hereto, to have and to hold the same and any cash, securities, or
other real and personal property which the Trustee may pursuant
to any of the provisions hereof at any time hereafter hold or
acquire, all of such property being hereinafter referred to as
the Trust Estate, for the uses and purposes and upon the terms
and conditions herein set forth. The corporate Trustee, if any,
shall have custody of the asset~ comprising the Trust Estate.
2.2 Additional.Property. As long as this Agreement remains
unrevoked, either the Settlor or any other person, with the
consent of the Trustee, may add other insurance policies or other
property to any trust hereby created, by making such insurance
payable or transferring such property to the Trustee hereunder by
deed, assignment or other instruments of transfer or bequest or
devise, and if so added, the proceeds of such additional policies
and such property shall be covered by the provisions hereof, the
same as if originally included hereunder.
2.3 payment ~f Premiums. The Trustee is'not obligated to
..pay any premiums or assessments under ~ny p61icies of insurance
payable to the Trustee under this Agreement or to keep informed
with respect to the payment thereof.
12.9 The term "proper maintenance and support" shall mean
the maintenance and support of the income beneficiaries in
accordance with their accustomed manner of living.
12.10 The term "Settlor" refers to WILBURN R. KRECH.
12.11 The term "tax" or "taxes" shall include any interest
and penalties thereon.
12.12 The term "Trust Estate"_~efers to the insurance
policies and other property itemized and described in Schedule
"A" attached hereto, which insurance has been made payable to the
Trustee and other property which has been transferred, delivered
and assigned and conveyed to the Trustee, together with such
other property that hereafter may be transferred, assigned,
conveyed, bequeathed or devised to the Trustee by the Settlor or
any other person, including the proceeds from any insurance
policies which are payable to the Trustee.
12.13 The term "Trustee" refers to the single, multiple and
successor Trustees who at any time may ~e appointed and acting in
a fiduciary capacity under the terms of this Agreement.
12.14 Legally adopted children shall be deemed to be
natural born children of their adoptive parents, and terms of
kinship or descent used herein shall be construed accordingly.
12.15 The singular includes the plural and the plural
includes'the singular.
12.16 As used in this Trust Agreement, the terms "alloca-
tion", "applicable fraction", "direct skip", "generation skipping
transfer", "GST exemption", "inclusion ratio", "nonexempt por-
tion", "taxable distribution", "taxable termination", "transfer"
and "transferor" shall have the same meanings as such terms have
in Chapter 13 of the Internal Revenue Code unless the context
requires otherwise.
ARTICLE 13 - CONSTRUCTION OF AGREEMENT
The headings and subheadings used throughout this Agreement
are for convenience only and have no significance in the inter-
pretation of the body of this Agreement, and ~ettlor directs that
they be disregarded in construing the provisions of this Agree-
ment.
IN WITNESS W~EREOF, I, WILBURN R. KREC~, as Settlor and
22
Trustee of the foregoing Trust Agreement, have hereunto set my
hand and seal on the date aforesaid.
(sE )
1 Trustee
This Trust Agreement was, on the date thereof, signed,
published and declared by WILBURN R. KRECH"to be the WILBURN R.
KRECH FAMILY TRUST in our presence and in the presence of each of
us,'and we, at the same time, at his request, in his presence and
in the presence of each other, have hereunto signed our names and
STATE OF FLORIDA )
COUNTY OF ORANGE )
WE, WILBURN R. KRECH (the Settlor-Trustee), EDWARD D. WVV.AM-
(the First Witness) and CYNTHIA KELLY
'(the Second Witness), whose names are signed to the attached or
foregoing instrument, having been sworn, declared to the under-
signed officer that the Settlor-Trustee, in the presence of the
witnesses,"signed the instrument as the WILBURN R. KREC~ FAMILY
TRUST, that he signed and that each of the witnesses in the
presence of the Settlor-Trustee and in the presence of each
other, signed the Trust Agreement as a witness.
W~,tness -~e
Subscribed and sworn to before me by the Settlor ~ , and by
23
the First Witness and the Second Witness on October 8 , 1993.
The Settlor-Trustee: ~ Is personally known to me, or
Q Has produced identification.
Type of identification:
The First Witness: ~ Is personally known to me, or
Q ~as produqed identification.
Type of identification:
The Second Witness:
~ Is personally known to me, or
Q gas produced identification.
Type of identification:
(Signature of Notary Public)
Thomas C. Shaw
AFFIX NOTARy STAMP (Print name of Notary Public)
My Commission Expires:8/13/94
My Commission No. is: CC 039065
24