1045-ROW Use Agrmt-Mike KnipferI IIII Ii I11 II Iii I Il i B I IIII III l III I II l III IIIIg
RIGHT-OF-WAY USE AGREEMENT
This Agreement entered into this.~-~ay of ~'P~F~C~I1,, ~00~,~ 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 Mike Knipfer whose Post
Office address is 910 Palmetto Avenue, Sanford, Florida 32771 ,(hereinafter called the
"REQUESTOR").
WlTNESSETH:
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 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
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portion of public right-of-way contiguous to the REQUESTOR's property located at 315 French
Avenue., legal description: Lots 9 + 10 Block 5 Tier 8 Town of Sanford PB 1 PG 61.
The Agreement will allow the REQUESTOR to remove and replace an existinq chain
link fence, on a portion of the public right-of-way as shown on Attachment "A". Any
improvements to the existing fence shall be subject to the following conditions:
A) Construction dimensions, materials, color, and details of all required
improvements shall be as approved by the City.
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. 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 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. 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
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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 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, judgments,
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. 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. City Manaqer
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
THE REQUESTOR Michael F. Knipfer
910 Palmetto Avenue
Sanford, Florida 32771
SECTION 7. EFFECTIVE DATE
This Agreement shall take effect upon the date that it is executed by both parties hereto.
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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.
ATTEST:
/(~ITY CLERI~
.Print~ame
,~o~'
THE CITY OF SANFORD, FLORIDA
aBy: Mun~Corporation '~E'r a~y~~
As authorized for execution by Sanford City
Commission at its ?i; ,~ ,~, ,... :7~ 2005
Regular Meeting.
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WITNESS:
Print Name
· - ' "' '(-I~'questor)
Print Name
By:
(Requestor)
Print Name
Print Name
Date:
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
and
~,he foregoing instrument_was ac.~3owledged before me this ¢'-~c~ day of
, ~/are I~sonally kno. wn to me__~r has/have produced
as identification.
Notary Public,(,~tate of Florida
Commission No. ~'~,~SL{~I
(Name of I~l,~{ary Typed, Printed or Stamped)
Attachment: Survey dated February 6, 2003
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