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1104-Exact Plumbing IncRIGHT-OF-WAY USE AGREEMENT This Agreement entered into this ~ i ~r day of f - ~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 Exact Plumbing, Inc., whose mailing address is 308 E. 4th 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 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 ora portion of public right-of-way contiguous to the REQUESTOR's property located at the following address 300 SANFORD AVENUE, legal description: LOT 1 BLK 5 TR 1 E.R. TRAFFORDS MAP OF THE TOWN OF SANFORD ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PB 1 PGS 56-64, INCLUSIVE, OF THE PUBLIC RECORDs OF SEMINOLE COUNTY, FL. © m Page 1 of 4 The Agreement will allow the REQUESTOR to install a new canopy over the window on the north and east side of the building for an aerial encroachment of the rights-of-way and minor paver installation of 3'~ street and Sanford Avenue as indicated form the attached exhibits (Exhibit "A,B,C and D"). The improvement shall be subject to the fo]lowing 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. C) No permanent structures are to be constructed in the right-of-way. D) REQUESTOR shall not extend / install or otherwise impose or further encroach into or onto the right-of- way other than to the extent of the attachments of this agreement. E) The awnings, or other peripheral or associated awning embellishments shall be a minimum of(7) seven feet above the adjacent sidewalks. 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 r/ght-of~way to/ts 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), Paoe 2 of 4 resulting in any fashion from or arising directly or indirectly out of or connected with the use of the City's fight- 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 FOR THE REQUESTOR CITy OF SANFORD P. O. Box 1788 Sanford, Florida 32772-1788 JASON TURNER Exact Plumbing, Inc. 400 Sanford 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 perpetua/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. ' AT'~EST: "}):i ~ITY CLERK - ~ ~r Print Name ' THE CITY OF SANFORD, FLORIDA a Municipal Corporation By: ~ . ~ Linda Kuhn, MAYOR Date:3  sxf~uthorized for execution by Sanford City Commission at its C~C[~ :,~--/ , 2006 Regular Meeting. Page 3 of 4 PrintName Print Name By: Date: que Print Name STATE OF FLORIDA ) COUNTY OF SEMINOLE ) The foregoing instrument was acknowledged before me this '~IL~day of 20 D(o, by produced .S(~SO~ '~-Lxu" e~ , ~sonally~ t~r has.ave ~ as identification. Notaw(P~lic~;ate of Florida ~ e of N~ T~ed, P~nted or Stamped) Attachments: Attachments "A, B, C and D" F:\SHA_ENGXDevelopment Review\09-Property and ROW Use Agreements~ROW-USE-AGR.300 SANFORD AVE.doc Page 4 of 4 Legal Description Lot 1, Block 5, Tier I, E.R. TRAFFORDS MAP OF THE TOP,~N OF S~4NFORD, according to the plat thereof as recorded in Plat Book 1, Page(s) 56 through 64, inclusive, of the Public Records of Seminole County, FL. Community number: 120294 Panel: 0045 Sufftx.. E F. LR.I~. Date: 4/17/1995 Flood Zone: X Date of field Work: 6/26/2003 Completion Date: 6/26/2003 Certified to: Jason S. Turner; Exact Plumbing, Inc.; Fr'al~er & Tudttope, P./l.; Mitchell L. Berkowitz, P.~4.; Lawyers Title Insurance Corporation; C[T Small Business Loans, its' successors and/or assigns. SAN£ORD AVENUE Property Address: 300 Sanford Avenue O >Z --O Contact: Alan Honley Exact Plumbing Shop Drawings Canvas Awning Sunstate Awning & (;rph Design. (407) 3,30--1044 Om O0 "~' r' NSTATE A,W.~N~,I N~G Contact: Alan Hanley Sunstde Awning & Orph Design. (407) 330--1044 0 0 (D --, Exact Plumbing Shop Drawings Canvas Awning () '~UNSTATE A,W.~N~LI N.G Contact: Alan Hanley Sunst0te Awning & Grph Design. ('407) 330--1044 Exact Plumbing Shop Drawings Canvas Awning Contact: Mark Nelen Sunstate Awning & Grph Design. (407) .330--1044 Exact Plumbing Shop Drawings Canvas Awning