1003-ROKA Properties 118 Park AI IIII II III I1 III II III II III II III II III II III II III II Ill I III I IIII
RIGHT-OF-WAY USE AGREEMENT
~'~ ~, 00q by and bet:veen the City
This Agreement entered into this {3~ day of 2 __
of Sanford, a Florida Municipal Corporation whose Post Office address is P. O. Box 1788, Sanford, Florida
32772-1788, (hereinafter called the "CITY") and ~
~ whose Post Office ~ ~
address is ~~r, I hereinafter called the "REQUESTOR").
1 T_N E__S S E__TT H:
WHEREAS, the CITY is the owner of certain
street rights-of-way within the incorporated limits of the
City of Sanford; and
WHEREAS
righ ld by th CITY fo
, these public ts-of-way are he e r the benefit an eneral use of the public
dg m
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 cc
WHEREAS, it is City policy to preserve the utility of these public rights-of-way
purposes; and for the above stated :"
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 (Pr°°fofownership/interest required) property for
a specific private purpose.
NOW THEREFORE, in consideration of the premises herein the parties agree as follows:
SECTION 1. _RE_CITAL~S
relied. The above recitals are true and correct and form a material part of this Agreement upon which parties have
SECTION 2. PUR~POSE
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 ora portion of public right-of-way contiguous to
the REQUESTOR's property located at the following address 118 Park Avenu~ee, legal description: South 15.73
feet of L~oot 9 a~nd North 29.2~7 feet__of Lo~t 10 Bloc_k 3 Tier 4 To_wu oJ.f Sanford PB 1 PG 5~8.
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(ROW Use Agreeanent _ 1~8 Park Avenue)
TheAgreementwillallowtheREQUESTORto installrailin ostsalon thefrontofllSParkAvenue
below and within the limits o/the 8'1" dee
S~orch a roximatel 45 feet in width in which to
lace non-fixed tables and cha/rs and a trash can for the ur ose of an outdoor eat/n and drinlo'n area for
~the a portion of the public right-of-way in accordance with details shown on
Exhibit "A". Installation/improvement shall be subject to the following conditions:
A) Construction dimensions, materials, color, and details of the ~ a~
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 offue 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 im rove
pOmon of right-of way adjacent thereto. REQUESTOR · P ment and unpaved
· ' ' ' ' may, Wlth 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 th
appropriate notice, restore the ar . . , e CITY shall, after
ea to ~ts previous condition at the REQUESTOR's expense and, if necessary, file
a lien on the REQUESTOR's propetty to recover costs 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 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.
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(ROW Use Agre~nt ~ 118 Park Avenue)
SECTION 5. IN---DEMNIFICATION
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
at1 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
way. right-of-
SECTION 6. NOTICES
Any notices required or Permitted hereunder shall be in writing and shall be deemed properly made when
deposited in the United States 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
Al Grieshaber Jr. Ci Mana er
CITY OF SANFORD
P. O. Box 1788
FOR THE REQUESTOR
S~ford Florida 32772-1788
ROKA Pronerties Inc.
PO Box 953397
Lake Ma 'FL 32795
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.
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(ROW Use Agree~nent _ 118 ~ark Avenue)
IN WB~NESS WHERETO,
above, the parties have made and executed this Agreement on the date first written
ATTEST:
r/nt Name
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
WITNEss:
STATE OF FLORIDA )
COUNTy OF SEMINOLE )
cution by Sanford City Commission
,204 Regular Meeting. at its
The foregoing instrument was acknowled
or nasmave produced ~K)r~ /-t~ ~ wh-' .... ' '
~-r-~ff ON ~/'4cz~' t-'r ~.. ~ ~. ' u lS/are personallv t~n,, .......
- - - bo- as identification. - ~ w,~,-,um~y r-nown to me
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(ROW Use Agre~nent _ 118 Park AVenue)