1070-KulpaRIGHT-OF-WAY USE AGREEMENT
THIS RIGHT-OF-WAY USE AGREEMENT (hereinafter called the "Agreement")
entered into thisc~d day of /t~o ¢ em ~ e r-, 2005 by and between the CITY OF SANFORD, a
Florida Municipal Corporation, whose address is 300 North Park Avenue, Sanford, Florida
32771, (hereinafter called the "CITY") and STANLEY A KULPA, WESLEY P. KULPA and
RAYMOND A. KULPA whose Post Office address is Post Office Box 2394, Bartow, Florida
33831 (hereinafter collectively called the "REQUESTOR").
~'I TNESS E TtI:
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 CITY rights-of-way;
and
WHEREAS, the REQUESTOR that property located within the City Limits and assigned
Tax Parcel Identification Number 25-19-30-5AG-0307-0030 by the Seminole County Property
Appraiser the Web page printout for such Tax Parcel being attached hereto and incorporated
herein as Attachment "A" to this Agreement (hereinafter called the REQUESTOR's property);
and
WHEREAS, the REQUESTOR has requested authorization from the CITY to utilize
and/or improve a portion of CITY right-of-way immediately adjacent to REQUESTOR's
property for a specific private purpose.
NOW THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, 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
(a). 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.
(b). The Agreement will only allow the REQUESTOR to install awning or awnings on
REQUESTOR's property that will extend across the front of the REQUESTOR's property and
project no more than four feet (4') over the sidewalk on a portion of the CITY's right-of-way in
accordance with details shown on Attachment "B". Installation/improvement shall be subject to
the following conditions:
(1). Construction dimensions shall be as specified on Attachment "B" and
must be constructed in full compliance with the applicable provisions of the controlling building
code and all other applicable codes and ordinances.
(2). The authorized improvement shall in no way be extended or modified by
the REQUESTOR without prior written approval of the CITY and the REQUESTOR recognizes
and affirms that any such action would be contrary to law.
(3). The REQUESTOR shall fully comply with all applicable Land
Development Regulations, codes and ordinances of the CITY.
(4). Such other conditions that the CITY require to protect the public interest
as it deems appropriate in its sole and exclusive discretion.
(c). The attachments to this Agreement are as follows:
(1). Attachment "A"; Seminole County Property Appraiser printout for
REQUESTOR's property.
(2). Attachment "B"; Sketch of Awning Location.
(3). Attachment "C"; Survey.
SECTION 3. MAINTENANCE RESPONSIBILITIES
(a). The REQUESTOR, and their successors and assigns, shall be responsible for
perpetual maintenance of the improvement installed under this Agreement and the used CITY
right-of-way for so long as the CITY permits the use of CITY fight-of-way. This obligation
upon the REQUESTOR shall include, but not be limited to, maintenance of the improvement and
unpaved portion of CITY right-of-way adjacent thereto. The KEQUESTOR may, with written
CITY authorization, remove said installation/improvement fully restoring the CITY right-of-way
to its previous condition.
(b). 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 may terminate this Agreement with thirty (30) days written notice to the
REQUESTOR or immediately in the event of an imminent threat to the public health, safety or
welfare as the CITY determines to be present is its sole and absolute discretion.
SECTION 5. INDEMNIFICATION
To the fullest extent permitted by law, REQUESTOR agrees to defend, indemnify, and
hold harmless the CITY, its commissioners, 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, but not limited to,
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. In consideration of, and as an inducement for, the CITY allowing the
REQUESTOR to use CITY right-of-way the REQUESTOR, as individuals and for all claimants
including, but not limited to, any and all heirs, assigns, executors, beneficiaries, administrators,
customers, licensees, the traveling public, pedestrians and any and all other claimants or legal
representatives of whatsoever type, nature or relationship, do hereby forever fully release,
remiss, indemnify, acquit, forever discharge, and hold harmless and blameless, the CITY and its
officers, employees and agents for any personal injury or property damage, of whatsoever type or
nature whatsoever, that the REQUESTOR or any claimant, as set forth above, or the successor
of the REQUETOR, or those listed above, may suffer as a result of, directly or indirectly, of the
REQUESTOR's use of CITY right-of-way. The REQUSTOR recognizes and assumes any and
all risks, known or unknown, and covenant on behalf of the REQUESTOR and all claimants, as
aforementioned, not to sue the CITY or its officers, employees and agents, or any one of them, or
combination of them The REQUESTOR understands that there are possibilities for injury, etc.,
as a result of use of the CITY right-of-way, but the REQUESTOR desires to enter this plenary
release of the City in the context of this Agreement.
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: City Manager
City of Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
With a copy to:
Risk Management
City of Sanford City Hall
4
FOR THE REQUESTOR:
300 North Park Avenue
Sanford, Florida 32771
Raymond A Kulpa
Post Office. Box 2394
Bartow, Florida 33831
SECTION 7. EFFECTIVE DATE
This Agreement shall take effect upon the date that it is executed by both parties hereto.
SECTION 8. RECORDATION
This Agreement shall not be recorded in the Public Records of Seminole County (Land
Records) and shall not constitute the granting of an interest in real property. This Agreement
constitutes only and solely a license, revocable in nature and effect by the City, to use the City's
right-of-way with the permission of the City subject to the terms and conditions of this
Agreement.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
date first written above.
ATTEST:
~,42ITY CLERK
APPROVED AS TO FORM
AND LEGALITY:
CITY
L1ND~ KUHN, MAYOR
/s/ William L. Colbert
William L. Colbert, City Attorney
5
WITNESSES AS TO ALL SIGNATURES:
Print Name: C~cJc'~k~x
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
REQUESTOR
By:
STANLEY A. KULPA
By:.
WESLEY P. KULPA
RAYlX~DND A. KULPA
The foregoing instrument was acknowledged before me this /~ day of
.~_~_~,2005, by '~ / . r~ ~ and
C~RAYM~OND A KULP~ who is/are personally known to me or has/have produced
TD~ \'q~% C:~ ~e~h~ as identification.
Notary Public, State of Florida
Commission No. ~2>
6
REQUESTOR
WITNESSES A~ ALL SIGNATURES:
Pri~l a% ---,/~./-~"/t/
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
--.~ The foregoing instrument was a~k~tOwfiedged b'ef6~/me tnts ,.1 ./ja, aay o~
..~6dffM~/_~ , 2005, by ST~tq~E5; A. KUL~I~,t--~S~E~,,~. ~-~ and
RAYMOND A. KULPA, who ts/are personally known to me of~fias~'N{ve 16ffoituced
~-- ~_ ~ as identification.
Notarj/l'5'ub'fic, gtdte-oL__r4o~r46a_' f L'J-, '¥
CommissionNo Richard A [taer
Notary Republic. St, cie of New York
Qualified itl New York C,~.n?
(Name of Notary Tyl~glJ,mPffill~ $tmn~l~ed)~
6
WITNESSES AS TO ALL SIGNATURES:
REQUESTOR
By:
WESLEY P.
By:
STATE OF FLORIDA
COUNTY OF SEMINOLE )
The foregoing
ti 61f%/
instrun~nt was acknow, ledged before me this t:l~__ day of
200~5, byo~ ...... m~.~4" .s~ ....... vT n
who is/~e personally ~own to me or has/have produced
as ~dent~ficat~on.
o{a~ }ublic, State of~lorid~
Commission No.
~ame of Not~ Typed, Printed or St~p~d) '
6
Seminole County Property Appraiser Get Information by Pamel Number Page 1 of 1
........ REDVDST I ~p~~: $152,~6
KULPA STAN~Y I .............
WESLEY I ~nd VaI~ (~): ~,818
~Addr: P & KULPA ~Y~DA ET AL I ~nd Val~ ~:
Add~: PO BOX 23~ ~ J~ Value: $187,624
Pro~ Add~: 407 1ST ST W SANFORD 32771 I ~pt Val~: _ $0
SALES ~ ~ V~UE SUM~RY
~ T~ble Val~ $121 73[
~MINIST~TIVE DEE~~ ~ T~ble Val~: $121,73[
I ~ES ~T INCLUDE NO~ V~EM
~ND I LEGAL DESCRIPTION P~T
~nd ~ ~Fmn~~~ 3 BLK 3 ~ 7 TOWN OF ~F~D P
SQUARE FEET 0 0 5,803 6.~ $~,818 ~ I PG 61
BUI~ING INFOR~TION
Bid Bid C~ Y~r Fi~u~ G~ S~ ~ Wail Bid ~. C~t
Num BE SF Val~
I ~SONRY 1923 18 7,~4 2 CONC~ BL~K~TUCCO-
PI~S ~RY $152,~ ~7,288
~n / ~ CANOPY / 252
NOTE: A~ ~l~s ~n ~ NOT ~ed v~ues and ~ am ~ ~ cha~ ~ ~ finaliz~ ~ ad ~1o~[
~x pu~.
.../re_web.seminole_county_title.?parcel=2519305AG03070030&cpad= 1 st&cpad_num=407&c7/20/2005
Certif~d to:
City of Sanford
Request to the City Commission for a/~'
Right-of-Way Use Agreement ( ~)P 0~- ~
This application must be completed and returned to the Plannin~D~partment by the
current ' owner.
The application will be reviewed by the Development Review Team (DRT) and a determination made whether to
accept the application or forward the application to the City Commission for consideration.
A NON-REFUNDABLE $100 APPLICATION FEE MUST BE SUBMITTED WITH EACH APPLICATION.
ADDRESS OF PROPERTY:
(ATTACH A COMPUTER PRINT-OUT FROM THE SEMINOLE COUNTY PROPERTY APPRAISER)
DESCRIBE REASON WHY RIGHT-OF-WAY USE AGREEMENT IS REQUESTED: /~ i~/5/--ct I I ~C,L.; ,~lly
(ATTACH ADDITIONAL SHEETS IF NECESSARY)
A CURRENT SURVEY, SITE PLAN OR PLAT CLEARLY IDENTIFYING THE SIZE AND LOCATION OF THE
EXISTING RIGHT -OF-WAY AND USE AREA MUST BE PROVIDED WITH THIS APPLICATION.
PROPERTY/~NER:
(If the applicant is not the properly owner of record, a properly owner authorization form must be completed.)