1051-ROW-Sundvall-1917 SummerliIINgfllBgBINIIIIIBIBIBIBIB
RIGHT-OF-WAY USE AGREEMENT
This Agreement entered into this ~,r~ day of %'Vu~o-~ , ~tr~D._.~.~ 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 Gary R. Snndvall whose Post Office address is 1917
Snmmerlin Avenue~ Sanford~ Florida 32771 ,(hereinafter called the "REQUESTOR").
WlTNESSETIt:
WHEREAS, the CITY is the owner of certain street fights-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 portion of public right-of-
way contiguous to the REQUESTOR's property located at the following address 1917 Summerlin
Avenue , legal description: S 45 FT OF LOT 20 + N 3 FT OF LOT 21 BLK 6 BEL-AIR PB 3 PG 79
& 79A .
The Agreement will allow the REQUESTOR to keep an existng corral type wood fence on a
portion of the public fight-of-way as shown on Attachment "A". Any improvements to the existing fence
shall be subject to the following conditions:
A) The authorized improvement shall in no way be extended or modified by the
REQUESTOR without prior written approval of the City.
B) 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 fight to unilaterally terminate this Agreement at any time, providing
notice as prescribed below. Any costs associated with this termination and restoration will be bourne by
the REQUESTOR and, if necessary, file a lien on the REQUESTOR's property to recover costs of
restoration.
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, 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. 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
Eugene Miller, City Manager
CITY OF SANFORD
P. O. Box I788
Sanford, Florida 32772-1788
THE REQUESTOR
Gatw R. Sundvall
1917 Summerlin Avenue
Sanford, Florida 32771
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.
1N WITNESS WHERETO, the parties have made and executed this Agreement on the date first
written above.
ATTEST:
/.E'~ T Y CLERK
Print Narn'~
· ~J~,',',':,~ '..
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
Kuhn, MAYOR
Date: (~/.g~ 02 7~ c~ ~
As authorized for execution by Sanford City
Commission at its ,J~_. ['~ ,2005
Regular Meeting.
WITNESS:
Print Name
ff (Requestor)
Print Name
Date: ~ - ~ 2 - Off
By:
(Requestor)
Print Name
Date:
Print Name
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
The foregoing instrument was acknowledged before me this ~ o7~ day of
whoqs/e~n)lly known~as/have produced
as identification.
Notary Public, State of Florida
Commission No. ~~
(Name of Notary Typed, P~mped3'
Attachment: Sketch by Gary Sundvall (attachment A)
F:\SHA_ENG\Development Review~09-Property and ROW Use Agreements\ROW USE AGR-1917 Summerlin.doc
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