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1076-Mannara1101 FIRST STREET (FRED'S FRANKS) RIGHT-OF-WAY USE AGREEMENT THIS RIGHT-OF-WAY USE AGREEMENT (hereinafter called the "Agreement") entered into thi day of ... 006 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 FRED J. MANNARA and MARSHA MANNARA. whose address is 1118 Seafayer Lane Winter Springs, Florida 32708 (hereinafter collectively 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 CITY rights-of-way; 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 Seminole County's property located at 1101 East First Street for a specific private purpose at the precise locations depicted on Exhibit "A" attached hereto and incorporated herein by this reference thereto. 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 by the REQUESTOR of a portion of public right-of-way contiguous to the Seminole County's property located at 1101 East First Street. (b). This Agreement will only allow the REQUESTOR to operate a hot dog stand. (c). The attachments to this Agreement is the Seminole County Property Appraiser printout for REQUESTOR's property at the precise locations depicted on Exhibit "A'. SECTION 3. MAINTENANCE RESPONSIBILITIES The REQUESTOR, and its successors and assigns, shall be responsible for restoration and maintenance of the right-of-way to its previous condition after each use and, if the REQUESTOR fails to comply with its obligations, 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 any of the REQUESTOR's property to recover costs of restoration and the REQUESTOR hereby consents to the imposition of such liens. 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 or in the event that Seminole County objects to the continuation of the REQUESTOR's use. SECTION 5. INDEMNIFICATION To the fullest extent permitted by law, the 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 2 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, does 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 TIlE 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 300 North Park Avenue Sanford, Florida 32771 FOR TIlE REQUESTOR: Fred J. Mannara. 1118 Seafayer Lane Winter Springs, Florida 32708 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: ~/ANET OOUGHER~, CITY (~LERK APPROVED AS TO FORM AND LEGALITY: CITY LINDA KU'jqN, MAYOR /s/ William L. Colbert William L. Colbert, City Attorney WITNESSES AS TO ALL SIGNATURES: REQUESTOR FRED'S FRANKS FRED J. MANI~A' MARSHA MANNARA STATE OF FLORIDA ) COUNTY OF SEMINOLE ) ~ The foregoing instrument was acknowledged before me this 3[ day of ~_.._~ k~[('l f ,,~7~__~200.~6, by FRED J. MANNARA and MARSHA M~N~RA, who (~"~'-are personally knol~n to me or h)ve produced r~ as otar~Publi(~)State of Flbr'i~--'~' Commission No. ~.~x3 ~ I ~ t~ ~ ~am~ of N~ Typed, Printed or St~ped) 5 EXHIBIT "A"