551-Bell South Communications 11/15/94
RIGHT-OF-WAY USE AGREEMENT
This agreement entered into this ~ f/'~/ day
of ~F/f~z~/ , 1995 by and between the City of Sanford, a
Florida Municipal Corporation whose address is 300 North Park
Avenue, Sanford, Florida 32771, (hereinafter called the "CITY") and
BellSouth Telecommunications, Inc.whose address is located
at 301 W. Bay Street, Jacksonville, Florida 32202 ,
(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 privateuse
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 in fozm and 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 501 W. 9th Street, Sanford, Florida
legal description: Lots 1,2,3,4, & 5, Block 11 Tier 8 of Sanford
Florida According to E.R. Trafford's Map of Sanford, Florida as
recorded in Plat Book 1, Pages 56 - 64 of the public records of
Seminole County,'-Flor~da.
The agreement will allow the REQUESTOR to install a striD of
pervious concrete for parking on the East side of above property.
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 Parking strip
shall be as specified OnAttachment "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.' MAI~'i'~ANCE 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 the 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-ofiWay to previous condition, the
CITY shall, after appropriate notice, restore the area to its
previous conditionat 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-2-
(ROW Use Agreement)
agreement at any time~ providing notioo as prescribed below. The
REQUESTeR agrees that upon receipt of notice of termination of this
agreement that hc will expeditiously remove thc~
inztallation/improvemont and return the right-of-way to its
previous oondition. All restoration must be completed within
thirty (30) days of rcocipt of the termination notice from the
CITY.
SECTION 5. INDEMNIFICATION ,
Re uestor s negligence or willful
whichT ' ' ' claims
right-of-way by the REQUESTeR pursuant to this agreement.
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 ~E CI~ Willi~ A. Sirens, City Manager
CITY OF S~FORD
P. O. Box 1788
sanford, Florida 32772-1788
FOR ~ MQ~S~R Donna C. Horne, Pro~ect Manager
BellSouth Telecommunications, Inc.
301~W. Bay Street, 10GG1 SBT
Jacksonville, Florida 32202
SECTION 7. EFFECTIVE DA~
This agreement shall take effect upon the date that it is
executed by both parties hereto.
SECTION 8. ~CO~ATION
The agreements contained in this doc~ent shall be perpetual
and run with the land. This doc~ent shall be recorded in the
official records of Seminole County.
IN WITNESS ~ERETO, the parties have made and executed this
Page
(ROW Use Age~ent)
agreement on the date first written above.
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
ATTEST:_'
D.'S ITH, MAYOR
As authorized for execution by
Sanford City Co~unission at its
~F~-A/G~/,h , 1994 Regular
Meeting.
WITNESS: ~~RQUZ
Date: //X4/95
Attachment
(Agreements) a:\agreemnt\ROW.use 11/15/94
Page -4-
(ROW Use Agreement)
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RECEIVED
STYSTROP, Z~o~TOSS, ~.~r,T~U',~, COU~}CRT, ~G~.Z. & S~O~S, ~.~E8 2 2 1995
A~ORNEYS AND COUNSELLORS at ~W ~G~-deJ~vere~ CN~C
su..~.~. su,m~ ~ CITY ~F SANFORD
200 WEST FIRST STREET
February 21, 1995
William A. Simmons, City Manager
CITY OF SANFORD
300 North Park Avenue
Sanford, Florida 32771
Re: Right of Way Use Permit - Southern Bell
Dear Mr. Simmons:
Pursuant to your request, I have reviewed the proposed right of way
use permit agreement.
I concern that the restoration provision in paragraph four can be
deleted in this instance without creating a significant precedent.
The contemplated improvements consist of previous parking and
related walkways. The potential need to restore the property to
its original condition is remote and therefore speculative at best.
The provision in paragraph five for indemnification by Bell South
for its negligence or willful acts is also acceptable.
The agreement is approved as to legal form.
If I may be of further assistance, please contact me.
Sincerely,
STENSTROM, McINTOSH, JULIAN,
COLBERT, WHIGHAM & SIMMONS, P.A.
/lw
MEMORANDUM
February 3, 1995
TO: CITY ATTORNEY
FROM: CITY MANAGER
RE: RIGHT-OF-WAY USE PERMIT AGREEMENT - SOUTHERN BELL
501 WEST 9TH STREET
The City Commission has approved the fight-of-way use permit addressed by the attached
agreement and previously approved the standard form of the agreement. As you will note,
the requestor has made certain delelions and additions to Sections 4 and 5 respectively.
With respect to Section 4, in tins case, I do not envision the desire for future removal of the
proposed paved parking areas and would certainly agree to the insectlou of a provision that
the improvement be removed only ff required, by the City. Since this will be supposedly
we!l-engineered and installed, perhaps we could agree to delete the removal provision
without creating a si~oni~cant precedent with regard to future similar right-of-way use
permit agreements. What do you think?
The additional lan~mge relative to indemnification is your call. The City presently owns
the right-of-way and in theory would have liability for Whatever happens on both the paved
and presen~y unpaved partions of the right-of-way, anyway. What is your
recommendation?
WAS/acd ~
Attachment
Southem Bell
Property Management IOGG1 Southern Bell Tower
301 West Bay Street
Jacksonville, Florida 32201-0390
January 26, 1995
Mr. Richard Holloway '~z~/~
CITY OF SA~FORD
Engineering & Planning Dept.
P. O. Box 1788
Sanford, Florida 32772-1788
Re: ROW Permit Agreement
Southern Bell
501 W. 9th Street
Sanford, Florida
Dear Rick:
Attached is the Right-Of-Way Use Agreement between the City of
Sanford and BellSouth Telecommunications, Inc. for the right to
use/improve the right of way on the East side of our building on
9th Street.
Please note that I deleted the section we discussed about
removing the installation in Section 4. Our attorney has
requested that I add a small change to Section 5.
If you have any questions please call me at 904-350-2370. I
would appreciate a copy of the fully executed document.
Sincerely,
Donna C. Horne
Staff Manager - Design & Construction
A BELLSOUTH Company
MEMORANDUM
December I, 1994
TO: MAYOR AND CITY COMMISSION
FROM: CITY MANAGER WILLIAM A, SI]VIMONS ~__.__.__._~.~- -
R_E: SOUTHERN BELL RIGHT-OF-WAY USE PERMIT - 501 WEST 9TH
STREET
The attached Architectural Design Associates, Inc. letter of November 29, 1994, requests
authorization for a right-of-way use permit for fifteen (15) "perpendicular" parking spaces
along the west side of Laurel Avenue between 9th and 10th Streets. The width of right-of-
way in that location is 82-feet. There is an existing "parallel" parking use on the opposite
side of the right-of-way in that same block. Consistent with the recommendations of Jay
Marder, Director of Planning and Development, I recommend that the requested right-of-
way use permit be granted, with the provision that the parking area be paved with
pervious concrete, and the understanding that the parking will be open to the public.
Following approval by the City Commission, a standard Right-of-Way Use Permit form
will be prepared for execution by both parties and recording in the official records of
Seminole County.
WAS/acd
Attachment
(City Com)a:\mcmos\sou horn bd
ADA
ARCHITECTURAL DESIGN ASSOCIATES, INC.
November 29, 1994
City of Sanford
City Commission
P.O. Box 1788
Sanford, Florida 32772
Attention: City Clerk
Reference: Southern Bell
501 West 9th Street
Right-of-Way Use Permit
Gentlemen:
On behalf of Southern Bell, please accept this letter as a formal request for
a Right-of-Way use permit on Laurel Avenue, adjacent to the subject property.
Southern Bell proposes to pave the area and use as (public) parking as shown
on the attached drawing. The paved area will be constructed of a pervious
material as determined by the City of Sanford.
As indicated on the drawing, 15 parking spaces are proposed, including a
handicap space, and will serve to accommodate long term needs as well as an
immediate need during some upcoming new construction.
The new construction, amounting to about I million dollars, consists of
replacing the A/C System, the Electrical House Service Panel and the Roof System
and is expected to begin in the January/February 1995 time frame. As such, it
is requested that this proposal be included on the December 12, 1994 City
Commission Agenda.
Both ADA and Southern Bell would appreciate a favorable consideration of the
matter. Please don't hesitate to contact me or Ms. Donna Horne with Southern
Bell (904-350-2370) should you have any questions.
Very truly yours,
A~HITECTURAL DESIGN ASSOCIATES, INC.
Rob ' '/~IA, NCAR;
Executive Vice President
Attachment
cc: Ms. Donna Horne, BST D~TE/"~'1;~'~
ITEM
4110 SOUTHPOINT BOULEVARD, SUITE 222 · JACKSONVILLE, FLORIDA 32216 · (904) 281-0015
ALLEY
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EXISTING _ BUILDING
EXtSllNG S3DEWALK 264.0' HANDICAP SIG)i .,~
EW GRASS S00 --
P.P.
i0'-0"o.c.- 70'-0" 7 SPACES AT IO'-O"o.c.=70'-0'
EW PARKING~ IN RIGHT-OF-WAY
(PERVIOUS AREA FOR PARKING AS DETERMtNED BY THE CITY OF SANFORD)
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ALE: 1"= 30'-0"
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