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HomeMy WebLinkAbout902-Ulysses Casey Prop Use PR6PERTY USE AGREEMENT This Agreement entered into this 3~ day of , 2001 by and between the City of Sanford, a Florida Municipal Corporation whose Post Office address is P O. Box 1788, Sanford, Florida 32772-1788, (hereinafter called the "CITY") and ULYSSES CASEY, whose Post Office address is 1206 W. 14=~ STREET, SANFORD, FLORIDA 32771 (hereinafter called the "REQUESTOR"). WITNESSETH: WHEREAS, the CITY is the owner of certain real property within the incorporated limits of the City of Sanford; and WHEREAS, these properties are held by the CITY for the benefit and general use of the public for functions including, but not limited to, installation and maintenance of various public..j utilities, and for conveyance, treatment, and disposal of~ stormwater; and WHEREAS it is City policy to preserve the utility of these properties 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 land 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 .... OFFiCiALRECORDS t,o s conditions thereto ~hereby t~e'CZT¥ ~il to a property SEMINOLE CO.,FL use/improvement by the REQUESTOR of a portion of the public land contiguous to the REQUESTOR's property located at the following address: 1206 W. 14~ STREET , legal description: LOT 52, BLOCK D, SOUTH SANFORD, PB 1, PG 94 The Agreement will allow the REQUESTOR to install A FOUR FOOT CHAIN LINK FENCE on a portion of the public land 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 FOUR FOOT CHAIN LINK FENCE shall be as specified on Attachment "A". FURTHER, THE FENCE SHALL BE ON THE PROPERTY LINES ALONG 14TH STREET AND 13TH PLACE CONSISTENT WITH EXISTING CFLAIN LINK FENCING ON THE SAME STREET A/qD BLOCK PROVIDED HOWEVER THAT ALL CHAIN LINK FENCE SHALL COMPLY WITH THE CITY'S REQUIREMENTS FOR SAME AND THE OWNER SHALL INSTALL A GATE IN A LOCATION AGREEABLE TO THE CITY TO ALLOW CITY VEHICLES TO ENTER THE AREA WHEN NECESSARY. 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. .... : OFFICIAL RECORDS >' Bet~ ~( ~iGE Oh8 0396 improvement and any unpaved portion of right-of-way adjacent SEMINOLECO..FL thereto. REQUESTOR may, with written City authorization, remove said ;~nstallation/improvement fully restoring the land 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 land 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 cosCs of restoration. SECTION 4. TERMINATION The CITY reserves the right to unilaterally terminate this 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 land 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 futlest extent permitted by law, REQUESTOR agrees to defend, indemnify, and hold harmless the City, it~ 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 OFFICIAL RECOROS . 03 d7 United States mail, po~tage paid, and a ressed as set forth SEMINOLE CO..Fk 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 Tony Vanderw0rD, City Manaqer CITY OF SANFORD P. O. Box 1788 Sanford, Florida 32772-1788 FOR THE REQUESTOR 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 Zhe 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 SANFORD, FLORIDA ~ a Municipal Corporation ~u.~ .... ? .~ITY CLERK RY A. DALE, ~YOR OFF!CIAL RECORDS . ' R~m~ ~t(~E · ' b, 0l+8 0398 SEMINOLE C0..FI. WITNESS: Print Name Print Name Date: /~ The foregoing instrument was acknowledged before me this ~(~+ dayof h~).~CJ~ , 20Ol , by LX[~/SSe2.f C.a.~])-~.J and R~ L- ~ , who is/are personally known to me or has/have produced ~i~a~ FL ~ ~'~ as identification. ~X"o~ DIANMC~WS Notary Public, State of Florida OFFICIAL RECORDS Rr~n~' Attachment "A" ~0~8 0399 ~_ .E " _~':'." .'..,,~"~=~ . " ~'~ . :. ',:r I "'~ ~ 100 0 100 200 Feet