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JOSEPH E.SMITH,CLERK OF THE!,CIRCUIT COURT
SAINT LUCIE COUNTY
This instrument prepared by: FILE X 4395967 01Cd012018 02:00:07 PM
Janet LiCausi OR BOOK 4091 PAGE 2942-2947',Doc Type:AGR
under the direction of RECORDING: $52.50
Daniel S.McIntyre,County Attorney
2300 Virginia Avenue
Fort Pierce,FL 34982
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REVOCABLE LICENSE AGREEMENT f
THIS AGREEMENT, made and entered this c_ day cii i 2018, by
and between ST. LUCIE COUNTY, a political subdivision of the Statf F1orida,$County") and
JAMES R. MOORE, JR and LINDSEY M. MOORE whose address is 5605 Eagle Drive, Ft. Pierce, FL
34951 (the "Owner").
WHEREAS,the Owner owns the property described as follows:
i Holiday Pines Subdivision Phase 1-Lot 63, according to the Plat th;ereof,'recorded
in Plat Book 18, at Page(s) 16, 16A-16D of the Public Records of St: Lucie County
WHEREAS, the Owner has requested a Revocable License Agreement for a 6-ft board on
board privacy fence to be installed within the County's 10-foot drainage/utility easement and
7.5 utility easement as shown on Exhibit A
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WHEREAS, the County is willing to permit the Owner to encroach in the County's
easements for the purpose of installing a fence subject to the terms and conditions set forth in
this Revocable License Agreement.
NOW, THEREFORE, in consideration of the mutual couenantsj set forth herein, the
parties agree as follows:
1. The County agrees to grant the Owner a Revoca i le License Agreement for the
fence which will encroach within the County's drainage/utility easements! This 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.
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2. The sole purpose of this Revocable License Agreement' is to grant the Owner
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permission to install and maintain the fence in the County's easements,'The owner agrees that
if the County Engineer and/or Road and Bridge Division determine the fence is causing flooding,
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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.
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3. Pursuant to the terms and conditions contained in this Agreement, the County
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authorizes the Owner to install the fence in the County's easeme Its. The applicant shall obtain
a St. Lucie County Building permit prior to the commencement of construction activities within
the County drainage/utility easements.
4. The Owner shall maintain the easements along he fen'ce in;accordance with
Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence
shall not interfere with County use of the easements and any dani age t j the County easements
i shall be repaired by Owner. '
5. This Revocable License Agreement shall be binding on,Ifuture successors and
assignees of the Owner, provided that Owner gives adequate notice to,the County pursuant to
Paragraph Twelve (12) of this Agreement. The applicant shall obtain a St: Lucie County Building
permit prior to the commencement of construction activities within the'County drainage/utility
easements.
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 encroachment at the Owner's sole expense upon �I inetyPO) days written notice
to the Owner. The County Engineer or Road and Bridge Manager may; in lieu of termination,
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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 pelrformed 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.
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7. 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
Owner shall be responsible for the removal of the fence aid repair of i1the easement, if
necessary.
8. The term of this Revocable License Agreement shall begin on the date first above
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written and shall remain in effect unless otherwise revoked or abandon" d as provided herein.
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9. Owner agrees to relocate the referenced fence,at any time ands at no cost to the
County,if necessary for the maintenance or improvements of the ieasements by the County or
Utilities Dept. The County does not accept any responsibility for damages to the fence to be able
to access the easements.
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 writtenl'approval of the County
Engineer. o
11. The Owner agrees to allow County employees acciess to the lolcation of the fence
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for County purposes as determined by the County Engineer. j
12. All notices, request and other communications dealing directly or indirectly with
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this,License shall be in writing and shall be (as elected by the I rson'i`giving such notice) hand
delivered by messenger or carrier service,telecommunicated, or malled by registered or certified
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mail (postage prepaid) return receipt requested, address to:
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As to County: With Copies to: 1,
County Engineer County AttoIvey
Engineering Division 2300 Virginia Avenue, 3rd Floor
2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982
Fort Pierce, FL 34982 '
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As to Owner:
James and Lindsey Moore
5605 Eagle Drive
Fort Pierce, FL 34951
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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.
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13. As consideration for the County granting this Revocable;License Agreement the
Owner agrees to indemnify and hold the County harmless from jand 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 rising 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.
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14. The Owner shall promptly pay to record this Revocable License Agreement in the
Official Records of St. Lucie County, Florida. The Owner shall pays 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
above first written.
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ATTEST: ST. LUCIE COUNTY
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BOARD OF COUNTY COMMISSIONERS
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DEPUTY CLERK
B
cta���r� C A
a APPROVED AS'TO FORM AND
�•L�CtB CO�Sy ,Eil RRECTNESS:
COUNTY ATTO N
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Wit ss
JAMES R. MOdRE,JRA
PRINT A E
Witness i' {
PRINT NAME
Witty
11P G?�
LINDSEIY M. M'OOREl"
PRINT NAME
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Witness ? i
1 PRINT NAME ('I
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STATE OF FLORIDA i
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COUNTY OF ST. LUCIE +
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The foregoing instrument was acknowledged before me this cel day of gt
by JAMES R.and LINDSEY M.MOORE who produced Phyrs ucr�r,57�- '
(type of identification)and
who did take an oath.
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WITNESS my hand and official seal,this D day of L. . 201v-
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My commission expires: ignature of Notary Public
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SHEL")N DANE LEWD
* :=' Commiealon*GG14"
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