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Home My WebLink AboutMisc Letters . ._..-..._.... ... . .. . . . .: . ... _ ... . a Nov _ . 1 5 201 This instrument prepared b ' JOSEPH E.SMITH,CLERK OF THE.CIRCUIT COURT p p y��. SAINT LUCIE COUNTY Janet LiCausi """""' FILE# 378322612/2612012 at 03:39 PM OR BOOK 3467 PAGE 60-65 Doc Type:AGR under the direction Of RECORDING $52 50 Daniel S. McIntyre,County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 "AFTER THE FACT" REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this I day of t "-� 2012, by and ® between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and ALEKSANDR OSIPCHUK and MANDY OSIPCHUK whose address is 4114 Poinsetta Avenue, FL 34982-6930 (the U "Owner"). U WHEREAS,the Owner has requested an"After the Fact" Revocable License Agreement for four F-=4 sections of a 6 foot high board on board wood fence within the right-of-way of Poinsetta Ave. Exhibit A WHEREAS, the County is willing to permit the Owner to encroach in the right-of-way of Poinsetta Ave for the purpose of installing a fence subject to the terms and conditions set forth in this "After the Fact" 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 Owner an "After the Fact" Revocable License Agreement for the fence which will encroach within the right-of-way of Poinsetta Avenue. This "After the Fact" Revocable License shall extend only to the referenced fence and shall not extend to the construction and/or installation of any additional structures or utilities. This After the Fact Revocable License \ Agreement will be on yearly renewal started the day it is accept by the Board of County Commissioners. 2. The sole purpose of this "After the Fact' Revocable License Agreement is to grant the Owner permission to install and maintain the fence in the right-of-way of Poinsetta Avenue. The owner agrees that if the County Engineer and/or Road and Bridge Division determine the fence is causing flooding or drainage problems or other needs in the area and the fence needs to be removed or relocated,the owner will do so at the.Owner's sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to keep the fence in the Poinsetta Avenue right-of-way. 4. The Owner shall maintain the right-of-way 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 right-of-way and any damage to the road shall be repaired by Owner. 5. This "After the Fact" Revocable License Agreement shall be on a yearly review to determine if any animals are still living at 4115 Poinsetta Ave causing a reason for the fence. The Owner must notify the County when the dogs have been removed from the house. 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer or Road and Bridge Manager may, in 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 performed to the satisfaction of the County Engineer or Road and Bridge Manager,the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the fence,the expiration of this "After the Fact" Revocable License Agreement,or the revocation of this "After the Fact" Revocable License Agreement,whichever occurs first,the Owner shall be responsible for the removal of the fence and repair of the right-of-way,if necessary. 8. The term of this"After the Fact" 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 right-of-way by the County or other departments. 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. 11. The Owner agrees to allow County employees access to the location of the fence for County purposes as determined by the County Engineer. 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: With Copies to: County Engineer County Attorney Engineering Division 2300 Virginia Avenue,3rd Floor 2300 Virginia Avenue,2nd Floor Fort Pierce,FL 34982 Fort Pierce, FL 34982 As to Owner: Aleksandr and Mandy Osipchuk 4114 Poinsetta Avenue Fort Pierce, FL 34982-6930 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 "After the Fact" Revocable License Agreement the Owner 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 Licensee's use of the property. 14. The Owner shall promptly record this "After the Fact" 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"After the Fact" Revocable License Agreement. IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year above first written. ATE T: ST. LUCIE COUNTY 17 BOARD OF COUNTY COMMISSIONERS DEP TY K B Y: CHAIRMAN J101 n1L AROVED AS TO FORM AND CO RRECTNE - COUr(A , RNEY • W' nes ALEKSANDR OSIPCHUK fitness the s DY OSIPCHU Witness ' STATE OF FLORIDA C) COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this S day of ti� 2012,by ALEKSANDR OSIPCHUK and MANDY OSIPCHUK who produced L L (type of identification)and who did take an oath. WITNESS my hand and official seal,this 5 day of �, 2012. . My commission expires: Signature a ublic ,ti'RY PVI a MARGARETTA J.GARRISON Notary Public-State of Florida °NComm.Expires Mar 21,2015%� ; Commission#EE 60281 'anua• . y _ • �. �1 FIS,.:'1. •I'•i�. ♦r Ir 1 iF.1 a � t1 c t'� Il