HomeMy WebLinkAboutProject Information JOSEPH E SMITH,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTYFIL16 11:13:25 AM
This instrument prepared by: OR ii K 3905 08 GE 1
OR 600K 3905 PAGE 1583-1588 Doc Type:AGR
Janet LiCausi RECORDING: ;5250
under the direction of
Daniel S.McIntyre,County Attorney RECEIVED
2300 Virginia Avenue
Fort Pierce,FL 34982
FEB 14 X0118
REVOCABLE LICENSE AGREEMENT
ST. Lucie County, Permitting
THIS AGREEMENT, made and entered this _ day of do ^- , 2016, by
and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and
LAWRENCE G. CONTE whose address is 141 NE Penlynn Avenue, Port St. Lucie, FL 34983 (the
"Owner").
WHEREAS,the Owner owns the property described as follows:
Lot 17,Block 81,River Park Unit 9 Part C,according to the Plat thereof,as recorded
in Plat Book 15, Page 28, of the Public Records of St. Lucie County, Florida
WHEREAS,the Owner has requested a Revocable License Agreement for a fence along his
side property lines. There is drainage & utility easement that runs along the rear and sides of
the property.The easements are 10ft in the rear and 6ft on both sides. Exhibit A.
WHEREAS, the County is willing to permit the Owner to encroach in the rear 10-foot
drainage/utility easement and the 6-foot side drainage/utility easement for the purpose of
installing a 6ft wood fence subject to the terms and conditions set forth in this Revocable License
Agreement.
WHEREAS, the subject property lies within the City of Port St Lucie's Utility Service Area
("CITY"); where the utilities run in the front of the property.
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
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fence which will encroach in the County=s 10-foot rear drainage/utility easement and the 6-foot
side drainage/utility easement. This Revocable License shall extend only to the referenced 6ft.
wood 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 drainage/utility easements. The
Owner agrees that if the County Engineer along with the City utility department determine the
fence is causing problems or the fence needs to be removed or relocated the Owner will do so at
the Owner=s sole expense.
I Pursuant to the terms and conditions contained in this Agreement, the County
authorizes the Owner to install the fence in the County=s drainage/utility easement.
4. The Owner shall maintain the easements along their fence in accordance with
Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence
shall not interfere with the use of the easements and any damage to the 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 give adequate notice to the County pursuant to
Paragraph Twelve(12) of this Agreement.
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 encroachments at
the Owner=s sole expense upon ninety (90) days written notice to the Owner. The County
Engineer 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
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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 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
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 easement by the County.
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 and Port St. Lucie Utilities employees access to
the location of the fence for purposes as determined by the County Engineer and/or Port St. Lucie
Utilities Department.
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:
County Engineer As to Owner:
Engineering Division Lawrence G.Conte
2300 Virginia Avenue, 2nd Floor 141 NE Penlynn Ave
Fort Pierce, FL 34982 Port St. Lucie, FL 34983
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With Copies to:
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
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 attorney's 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 pay to 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
DEPUTY CLERK.. `
L4 crk BY:
p AIRMAN
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APPROVED AS TO FORM AND
;RRECTNE,SS:
COUNTY A O EY
witjiess
LAW TE
Witness
""0%,-,-
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me thi�;45A day o2016,by
LAWRENCE G. CONTE who produced (type of identification)and who did take an
oath.
WITNESS my hand and official seal,thiday of=-2!L�t/ . 2016.
My commission expires: �101xldvol
Signature of Notary Public
►' Catherine An Weinman
c (VOTARY PUBLIC
a s STATE OF FLORIDA
Coram#FF145934
Expires 8/23/2018
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