The URL can be used to link to this page

Home My WebLink AboutMisc Letters JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4323504 06126/2017 11-51:38 AM This instrument prepared by: OR BOOK 4012 PAGE 1156-i 160 Doo Type:AGR JUL Ug� Janet LiCausi RECORDING; $44.00 .J under the direction of Daniel S.McIntyre,County Attorney PEP,Mi I I TI 14 2300 Virginia Avenue 5t. 1-UCiP 00MIt, FL Fort Pierce,FL 34982 a REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this 0`0 day of .Lx,, 2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ( e County) and JAMIE and REPARADA GARCIA,whose address is 120 SE Selva Ct.fPort St. Lucie, FL 34983 (the Owners). WHEREAS,the Owners own 120 SE Selva Ct in Port St. Lucie Parcel ID 3419-550-0010-000/8 WHEREAS, the Owners are requesting to install a 6ft chain link fence across the rear and sides of their property in the drainage/utility easements,as shown on Exhibit "A". WHEREAS, the County is willing to permit the Owners to use the drainage/utility easements for their fence and maintenance around the fence, subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The County agrees to grant the Owners a Revocable License Agreement for the purpose of installing and maintaining fencing in the County's drainage/utility easements, as indicated on the attached map and incorporated herein as Exhibit"A". 2. The sole purpose of this Revocable License Agreement is to allow the Owners to install fencing and maintain the area around the fence in the drainage/utility easements along the rear and sides of their property and shall not extend to the construction and/or installation of any additional structures or utilities. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to install the fence and maintain the area around the fence at the location identified in Exhibit „A„ 1 4. The Owners shall install the fence in accordance with Standard Specification for Public works Construction in St. Lucie County. The fence shall not interfere with the use of the drainage or utility easements of the County or other Utility Services that may be using said easements. Any damage to the easements shall be repaired by the Owners. 5. This Revocable License Agreement shall be binding on future successor and assignees of the Owners provided the Owners give adequate notice to the County pursuant to Paragraph twelve (12) of this Agreement. r 6. The County shall have the right, at the sole discretion of the County Engineer to terminate this Agreement with or without cause and require removal of the fence at the Owner's sole expense upon thirty (30) days written notice to the Owners. The County Engineer may, in lieu of termination, request that the Owners perform certain alterations to the fence and location in the drainage/utility easements mentioned in Exhibit "A" at the Owner's sole expense. However, if such alterations are not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement,whichever occurs first, the Owners shall be responsible for the removal of the fence and restoration of the easements and/or property as directed by the County Engineer, consistent with the specifications of the County in force at such time. S. 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. Owners agree to relocate the referenced fence, at any time and at no cost to the County, if necessary for the maintenance or improvements of the easements and or County property. 10. The fence on the County's property shall be in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance activity will be subject to the written approval of the County Engineer. 11.The Owners agrees to allow County employees access to the location of the fence for County purposes as determined by the-County Engineer 2 12. All notices, request and other communications dealing directly or indirectly with this license 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 County: As to Owners: County Engineer Jamie and Reparada Garcia 2300 Virginia Avenue, 2nd Floor 120 SE Selva Ct. Fort Pierce, FL 34982 Port St. Lucie, FL 34983 County Attorney 2300 Virginia Avenue,3rd Floor Fort Pierce, FL 34982 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 Owners agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including 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, 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 Owner's use of the property. 14. The Owners shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owners shall pay any document excise taxes and the cost of recording this Revocable License Agreement. 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: BOARD OF COUNTY COMMISSIONERS D PETY CLERK OfIAIRWN "!77' trqq, A.. ..' ,' APPROVED AS TO FORM AND �:s• :�r�ic hk a� ORRECTNESS: d -,,� ;� .•,..'+ .; it OUNTY A 70EY W TNf(ESSES: ._. JAMIE GARCIA, SR � 4 / /L • REPARADA GARCIA STAT OF �'"�� COUNTY OF S • The foregoing instrument was acknowledged before me this (a day of 2017, by JAMIE and REPARADA GARCIA, his wife, who produced �ye-' {type of identification} and who did take an oath. WITNESS my hand and official seal,this I day of '2017. My commission expires: � NOTARY ;( 4 JOANN M,RILEY Commission#GG 054939 "w Expires December 13,2020 Horded rwu Troy Fain lnwaa NO-3W7019 A BOUNDARY AND RECORD SURVEY FOR JAMIE & REPARADA GARCIA Boun d ory Survey ��:f� �:_ ; , ll Note: Bearings do Distances JUL 13 r 01' Are As Per Plot Uniess Noted Otherwise. PER'A 1-1-Ti iNG Maj �_. Lucie County, FL vanew it Edge of Pavement Sel vo Court _ to 60' Right—of—Way 20' Pavement Edge of Pavement Concrete Sidewalk 001W 91 6' Drofnoge & Utility osementflight—of—%by --"ff'tot dt C) concrete Driveway covered 1,13 �4�C .2 Entry K Unit a a f50 cv 1—Story C.B.S. a.D• Residence #120 ^ ► N FP I Let &D =q W 303 ' 15 o F7ortda T cq Room d ADDRESS: 24.0 12.g 1z8', 120 Selva Court = $ Covwvd $, p en Port St. Lucie ` { p ch Florida S' Block 62 y w 14 NOTE: (� Water Service 20'Drd%age 6c UtUlty Eosem N89-41'00"W 93.00' LEGAL DESCRIPTION: Drainage Right—of—Way [Book Block 62, RIVER PARR UNIT 7, according to the Plat thereof, as recorded in Plat Pages 41 and 41A of the Public Records of St. Lucie County, Florida. CERTIFIED TO: RCIA AND REPARADA GARCIA; MORTGAGE CORPORATION, ITS SUCCESSORS AND/OR ASSIGNS; NATIONAL TITLE INSURANCE COMPANY OF NM YORK g EXHIBIT d 1/2' iron Pipe (No Cap)d 5/8" Iron Rod (No Cop)