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Home My WebLink AboutMisc Letters This instrument prepared by: JOSEPH E.SMITH,CLERK OP THE CIRCUIT COURT Janet LiCausi SAINT LUCIE COUNTY under the direction of FILE#4271724 01/30/20171026:47 AM Daniel S.McIntyre,County Attorney OR BOOK 3957 PAGE 2160-2165 Doc Type:AGR 2300 Virginia Avenue RECORDING: $52.50 Fort Pierce,FL 982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this s2o day ofd . 2016, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and ANITA ROI BINS and CALVIN ROBBINS, husband and wife, whose address is 5001 Tamoka Ct. Fort Pierc I,34951 (the"Owner"). WHEREAS,the Owner owns the property described as follows: Holiday Pines S/D Phase 11B—Lot 334 WHEREAS, the Owner has requested a Revocable License Agreement for a six (6) foot high whit) PVC fence within the County's utility easement. See Exhibit A attached. IHEREAS, the County is willing to permit the Owner to encroach in the County's easement for the purpose of installing a fence subject to the terms and conditions set forth in P P g ! this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties algree as follows: I. The County agrees to grant the Owner a Revocable License Agreement for the fence which will encroach within the County's easement. This Revocable License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any 1 additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to install and maintain the fence in the County's easement. The owner agrees that i i if•the County Engineer and/or the County Utility Director determine the fence is causing • i problems or other needs in the area and the fence needs to be removed or relocated, the i Owner will do so at the Owner's sole expense. 3. i Pursuant to the terms and conditions contained in this Agreement, the County I authorizes the Owner to install the fence in the County's easement. 4. The Owner shall maintain the easement along their fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida and Health Department Standards. The fence shall not interfere with County use of the easement and any damage to the County's easement shall be repaired by Owner. S. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to the County pursuant to Paragrap J Twelve(12)of this Agreement. 6.I The County shall have the right, at the sole discretion of the County Engineer and/or the County Utility Director, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days dor the Count Utility Director may, in written notice to the Owner. The County Engineer and/or Y Y Y, lieu of termination, request that the Owner perform certain alterations to the fence or the location of the fence, at the Owner's sole expense. However, if such alteration is not performled to the satisfaction of the County Engineer and/or the County Utility Director the County shall be entitled to exercise its right to terminate this Agreement. . Upon the abandonment of the fence, the expiration of this Revocable License Agreement, or the revocation of this Revocable-License Agreement, whichever occurs first,the i Owner shall be responsible for the removal of the fence and repair of the easement, if necessary. i 8. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the easement by the County Engineer aind/or County Utilities Department. 10. The fence shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer and/or the County Utility Director. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer and/or the County Utility Director. 12. All notices, request and other communications dealing directly or indirectly with this Lice se shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested,address to: As to Colunty: With Copies to: County Engineer County Attorney Engineering Division 2300 Virginia Avenue,3rd Floor 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 Fort Piirce,FL 34982 As to Owner: Calvin and Anita Robbins 5001 Tamoka Ct. Fort Pierce,FL 34951 i' or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13 As consideration for the County granting this Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands,1 damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions,i Icluding reasonable attorneys fees of any kind or nature arising or in any way connected with the use,occupation, management,or control of the above property by County or its' agents, i servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Licensee's use of the property, i 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year I above first written. i ATTEST: ST. LUCIE COUNTY i BOARD OF COUNTY COMMISSIONERS I i DEPUTY CLE BY: G Io�•C V1. lit l� tHAIRMPW U s. r •LUc1Er CO APPROVED AS TO FORM AND CORREMESS: CCCUNTYATTR Y WITNESS: *itn4ss i CALVIN ROBBINS Witness I *1jtess ANITA ROBBINS �nA�r,� l�-Ir Witnes's STATE'OF FLORIDA COUNTY OF ST. LUCIE I ,i The foregoing instrument was acknowledged before me this 7 day of December, 2016, by CALVIN and ANITA ROBBINS who produced F'I--DP#VW (JWLe(type of identification)and who did take an oath. WITNESS my hand and official seal,this 7 day of"N&A�A,2016. Mysommission expires: Signature of Notary Public .. - - CAROL A.BlShiu-p Nary pubk-ftlt of ROM& "a Fl� C=ft06810n#FF'9T7857 My 0'mn-EWM May 26,2628 Ow"o 491011 Wary AM. i I EXHIBIT P.R.C. FOUND Al lb p CONCRETE ` O MONUMENT FENCE CORNER LOT 335 L=73.23' GOQ�o 1.4'n 5.1'e FOUND 5/8" SET 1/2" 0_ IRON ROD IRON ROD RADIAL) 0.5'n �Q, LB#7893 S89'29 2 E 155.42 (P) 1.0'w RADIUS in r ' • ' '�' •' POINT 72.7 PLAT ".' `• LIMITS 1 g• ` q SET 1/2- it . . •�� IRON n a i I ••.a• •; .• L'p 0� ., a C! ! '•: ` RESIDENCE co 9 S%� •�� Ip500i a. MSURYFY NOTES M i J LOT 334 CONCRETE DRIVE CROSSING OVER HE C ! I `�S �� Q�PNORTHEATHE STERLY SIDE'OFERTY UNE ON LOT N � I � �• �pt `�P THERE ARE FENCES NEAR THE BOUNDARY OF THE PROPERTY AND 3.2' ; CROSS INTO THE 10' U.E. AT REAR OF PROPERTY. PROPERTY SUPPLIED BY CITY WATER Fo LOT 333 10' U.E. LS' LINE TABLE LINE LENGTH BEARING SET 1/2 L� I FOUND 1/2" L1 20. 0' S89'29'27" IRON Rd IRON R00 • LBii1#7893 FENCE No I.D. CURVE TABLE CORNER CURVE I LENGTH I RADIUS I DELTA b o.9'n DRAINAGE ICI 1 34.13' 50.00' 39'06'57" EASEMENT = PAGE 2 OF 2 PAGES t L F! BOUNDARY SURVEY LB#7893 4'c No.2863 ' suavEYORSCERTIfICATE TjAR%'JJL;i SURVG � , n n 1 HERESYCFA77Y7HAT THISBOUNDARYSURVEY s IISA 7RUEANDCORRECThEPRESEN>'ATIoNOFA SURVEY^� STATCOF �� NOT VAUDW AJ UTANARUTHEAMCATEDELECTRONIC SIGNA7UREANDAUTHEMICATEDELECTRONICSEAL. SERVING ALL FLORIDA COUNTIES S .a ORA R41SM EMBOSSED SEAL AND SIGNATURE 000 N.MILITARY TRAIL,SUITE 102 WEST PALM BEACH,FL 33407 PHONE (561)640.4800 FACSIMILE(561)640.0576 (SIGNED) STATEWIDE PHONE (800)226.4807 CLYDE O.MoVEAL.PROFESSIONAL SURVEYOR AND MAPPER#2883 STATEWIDE FACSIMILE(800)741-WO