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HomeMy WebLinkAboutRevocable License Agreement FILE COPV j JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4353095 09/2612017 02:28:40 PM j This instrument prepared by. OR BOOK 4044 PAGE 2652-2657 Doc Type:AGR Janet LiCausi RECORDING: $52.50 under the direction of RECEIVED Daniel S.McIntyre,County Attorney 2300 Virginia Avenue Fort Pierce,fl.34982 FEB. 1 3 2018 Permitting Department St. Lucie County REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this ! d—day ofL-x 2017,by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and BRIGITTE D. DENNISON whose address is 7203 Deer Park Avenue, Ft. Pierce, FL 34950 (the "Owner"). WHEREAS,the Owner owns the property described as follows: Lot 26, 27, 28, Block 146, LAKEWOOD PARK UNIT 11, according to the Plat thereof, as recorded in Plat Book 11, at Page(s)32A-32D 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. On Lots 27 and 28 as shown on Exhibit A WHEREAS, 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 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 Owner a Revocable License Agreement for the fence which will encroach within the County's drainage/utility easement. 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. 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) if the County Engineer and/or Road and Bridge Division determine the fence is causing flooding; 1 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 install the fence in the County's easement. The applicant shall obtain i a St. Lucie County Building permit prior to the commencement of construction activities within the County drainage/utility easement. 4. The Owner shall maintain the easement along the fence in accordance v4rrth 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 easements shall be repaired by Owner. 5. 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 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 easement 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 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 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 and repair of the easement, if necessary. 8. The term of this Revocable License Agreement shall begin on the date first above I written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 2 I 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 easements by the County or 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. 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. Ali 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) handl 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: Brigitte D Dennison 7203 Deer Park Avenue Fort Pierce, FL 34950 or to such other address as any party may designate by notice complying with the terms of thi Is 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 maybe, 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, 3 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 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; above first written. ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DETYCLERK BY: gE CI CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY A&00EY 4 Witness t L e0ila(d BRIGITTE D. DENNISON PRINT NAME Witness PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this2017, day of Ale 1 by BRIGITTE D. DENNISON who produced verb type of identification)and who did take an oath. WITNESS my hand and official seal,this 17 day of Aj'dj4- 2017. V My commission expires: Siq��tur )oh"a Public ,ONotary Public State of Floridaft wian Jones my commsion GG 018601 ;144- Expires 00104112020 5