1052-ROW-Luis Munoz-410 14th StiI]t[lllllllllllllllllllllllll
RIGHT-OF-WAY USE AGREEMENT
This Agreement entered into this 27th day of June , 2005 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 Luis F. Munoz, LLC whose Post Office address is 410
E. 14th Street, Sanford~ Florida 32771 ,(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 fights-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 fight-of-
way contiguous to the REQUESTOR's property located at the following address 410 E. 14th Street,
legal description: LEG LOTS 1 + 2 BLK 1 SAN LANTA PB 3 PG 80S.
The Agreement will allow the REQUESTOR to provide for certain site improvements on a portion of the
F:\SHA_ENG\Development Review\Og-Property and ROW Use Agreements\ROW agree 14th and Cypress.doc
public right-of-way as shown on Attachment "A", subject to the following conditions:
A) The authorized improvements and use 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.
C) No permanent stroctums am to be constructed in the right-of-way.
D) REQUESTOR shall install a street light in the north-south alley near Lot 14.
SECTION 3. MAINTENANCE RESPONSIBILITIF. fl
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. 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
F:\SHA_ENG~)evelopment Review\Og-Property and ROW Use Agreements~ROW agree 14th and Cypress.doc
2
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
THE REQUESTOR
Eugene Miller, City Manager
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772-1788
Luis F. Munoz, Quiet Waters, LLC
410 E. 14t~ Street
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:
ITY CLERK
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
Linda'~uhn, MAYOR
Date: (4~7/.//~, / f
/
As authorized for e~,qcution by Sanford City
Commission at its {.,~ ,~ '7 ,2005
Regular Meeting. ~
F:\SHA_ENG~005 E&P Memos\ROW agree 14th and Cypress.doc
/Print Name
Print Name
By:
(Requesto0
Print Name
Date:
Print Name
STATE OF FLORIDA )
COUNTY OF SEMiNGLE )
The foregoing instrument was acknowledged before me this .5'-P/, day of
27-~x' c~/ ,20 0~, by /-~ Fer~a,do _~u,~O~d
who is/are personally known to me or has/have produced i~coe ~.~/~ ~£ tgc~x Cl cewoa¢
as identification.
Notary Public, State of Florida
I
Commission No. ! ~. 'l N0tary Pub c StaleotR
I
~. DD ~21
~e ofNo~ T~ed, Printed or S~ped)
1
Attachment: Exhibit A
F:\SHA_ENG~Development Review\09-Property mad ROW Use Agreements\ROW agree 14th and Cypress.doc
F:\SHA_ENG\Development Review\O9-Property and ROW Use Agreements\ROW agree 14th and Cypress.doc
4
SANFORD AVENUE
VACATED At ~ Fy
..-FENCE I
~'~~ ACCESS TO ALLEY