1082-Giuliani-Shreve-KingRIGHT-OF-WAY USE AGREEMENT
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This Agreement entered into this _~,gj day of ~'-C~c~ ~_~f~l, 0cxXe 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 John & Charlotte M. Giuliani & Maria Shreve & Joe E. King whose mailing
address is P. O. Box 2394, Barrow, Florida 33831 (hereinafter called the "REQUESTOR").
WITNESSETH:
WHEREAS, the CITY is thc 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 thc benefit and general use of the public for
functions including, but not limited to, vehicular and pedestrian travel and [and 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 thc utility of these public rights-of-way for thc 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 REQU ESTOR of a portion of public right-of-way contiguous to the
REQUESTOR's property located at the following address 278 S. PALMETTO AVENUE, legal description: LOTS
IIIIIIIII II I I11 II I IIit1111 III IIII IIIII I IIIIiiiii
~ ~ portion of the public right-of-way. The improvement shall be subject to the following conditions:
~ m A) The authorized improvement shall in no way be extended or modified by the REQUESTOR without prior
~-~._ mt° written approval of the City.
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L~,. IA,J
o _~ 7 & 8 BLK 4 TR 2 TOWN OF SANFORD, according to the Plat thereof as Recorded in PB 1 PG 58 of the
~ Public Records of Seminole County, Florida.
,.~ cr The Agreement will allow the REQUESTOR to install an awning or awnings along the front of the property on a
B) REQUESTOR shali otherwise fully comply with ail 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 may terminate this Agreement with 30 days written notice to the Requestor.
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-o£-way.
SECTION 6. NOTICES
Any notices required or permitted hereunder shall be in writing and shall he 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 OF SANFORD
P. O. Box I788
Sanford, Florida 32772-1788
FOR THE REQUESTOR John Giuliani
P.O. Box 4657
Winter Park, Fl. 32793
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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.
IN WITNESS WHERETO, the parties have made and executed this Agreement on the date first written above.
THE CITY OF SANFORD, FLORIDA
a Municipal Corporation
~iTY CLERK
.3"c ¢ 4
Print Name
Lind4 Kuhn, MAYOR
Date: ~-~ ~-~)fo
As authorized for execution by Sanford City Commission at its
~~.~, 2006 Regular
Meeting.
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WITNESS:
Print Name
Print Name
Print Name
Print Name
STATE OF FLORIDA )
COUNTY OF SEMINOLE )
~' - - -(Requestor)
Print
Date:
((~questor)
Print Name
/
Print Name
Date:
r /
(Requestor)
Print Name
Date:
The foregoing instrument was acknowledged before me this o~/ day of ddgf~,,o d-c/
20 0/o, by~ and C.~,~_r"/olj/~t'~Jlar~i and ~ ad
ff)af[~ g. ,_~,~r~rr~- , who is/are per~sonally known to m.e or has/have produced
as i dentificati?)~¢l~.a~ .Ji~,~h4 _
Notary Public, State of Florida
Commission No. , ,d/t~"]/9 7 7
Z;ds,'v
(Name of Notary Typed, Printed or Stamped)
Attachments: Sketch of Awning Location, Survey
F:\SHA ENG\Development Review\09-Property and ROW Use Agreemcnts\ROW-USE-AGR-278 S PALMETTO.doc
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