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1105-Cartier & KingHIll il Iii It II1 I1 III tl II1 Ii III Ii Itt II ill II III II J II Illlllli RIGHT-OF-WAY USE AGREEMENT This Agreement entered into this../0"/~ day of. ¢/~/(2,'g~ , .~006 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 Jennifer S. Cartier and Joe E. King whose Post Office address is 500 Sanford Avenue¶ 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 % c:: 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 ~avel 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. ]iECITALS The above recitals are tree 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 500 Sanford Avenue, legal description: LEG LOT 1 + N 1/2 OF LOT 2 (LESS W 52 FT) BLK 7 TR 1 TO'vVN OF SANFORD~ PB 1 .PG 59. F:\SHA_ENG~Development Review~09-Property and ROW Use Agreements\ROW agree 500 sanford.doc 1 The Agreement will allow the REQUESTOR to provide for certain site improvements on a portion of the public right-of-way as shown on Attachment "A, B and C", 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 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 &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 F:\SHA_ENG\Development Review~09-Property and ROW Use Agreements\ROW agree 500 sanford.doc 2 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 ~om or arising directly or indirectly out of or 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 Robert "Sherman" Yehl, City Manager CITY OF SANFORD_ _P. O. Box 1788 Sanford, Florida 32772-1788 THE REQUESTOR Jennifer S. Cartier and Joe King 500 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 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. ATTEST: gI-TY CLERK · t? 'J THE CITY OF SANFORD, FLORIDA a Municipal Corporation By: - .- Linda Kuhn, MAYOR '~ Date: ~ [© ~(~/; As authorized for execution by Sanford City Commission at its ~'~'/~?~.4~/~ lO , _2006 Regular Meeting. F:\SHA_ENG\Development Review~09-Property and ROW Use Agreements\ROW agree 500 sanford.doc WITNESS: Print Name Pri~at'5/ame ..... STATE OF FLORIDA ) COUNTY OF SEMINOLE ) RESPONDENT: By:_~ [~e~tuestor) Print Name Date: 3' ~O · <D(.,o Print Name The foregoing instrument was acknowledged before me this O~O day of -' /~zlfr"/tt '200(a-'bY~and ~.t~ who is/are personally known to me or has/have produced as identification. Attachment: Exhibit A,B and C Notary Public, State of Florida Commission No. __,d~ ~,/.~.~ 0~7 _ (Name of Notary Typed, Printed or Stamped) F:\SHA_ENG\Development Review~09-Property and ROW Use Agreements\ROW agree 500 san~rd.doc 4 WITNESS: Print Name RESPONDENT: By: ~-(Requestor) __Joe E. King Print Name Date: STATE OF FLORIDA ) COUNTY OF SEMINOLE ) The foregoing instrument was acknowledged before me this ~ day of h / .... who is/are personally known to me or as/have produced ~ .. as identification. Notary Public, State of Florida Commission No. .d~ ff33077 (Name of Notary Typed, Printed or Stamped) F:\SHA_ENG\Developrnent Review~09-Property and ROW Use Agreements\ROW agree 500 sanford.doc 5