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Home My WebLink AboutMisc Letters JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4438143 OR BOOK 4134 PAGE 2889, Recorded 05/21/2018 12 :20:36 PM FILE C RECEIVED ,ThIs instrument prepared by. Janet uCausi under the direction of JUN 0 8 'A18 Daniel S.McIntyre,County Attorney 2300 Virginia Avenue - Fort Pierce,FL34992 ST. Lucie County, Permitting REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this t_5�_day of 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Co ty") and SHELLY MOODY whose address is 7896 Saddlebrook Drive, Port St. Lucie, FL 34986(the"Owner"). WHEREAS,the Owner owns the property described as follows: River Park-Unit 5, Block 45, Lot 19-145 Sandia Avenue, River Park, FL WHEREAS, the Owner has requested a Revocable License Agreement for a 6 foot wooden fence to be installed within the County's 10-ft drainage/utility easement on each side at the rear property line and 6-ft utility/drainage easement along the north and south property line, as shown on Exhibit A. 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 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 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. 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 easements. The owner agrees that if the County Engineer and/or Road and Bridge Division determine the fence is causing flooding, drainage problems or for 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. 1 -:v- n..vs..I/1YYr., r -3nr. .n•.rr:�Y'Yi... •-r,. •y„ -ny,m,uT�r ,.;r. •. -inr•. rr...�..�r _ _.-n�. en, . r r,.idY-,.. �. . OR BOOK 4134 PAGE 2890 I Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner to install the fence in the County's easements. 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 the fence 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 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/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 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 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 easements by the County or 2 OR BOOK 4134 PAGE 2891 Y kE t S 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 written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the fence 4 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: i t With Copies to: As to County: County Attorney j County Engineer 2300 Virginia Avenue,3rd Floor Engineering Division Fort Pierce,FL 34982 2300 Virginia Avenue,2nd Floor Fort Pierce, FL 34982 As to Owner: Shelly Moody (' 7896 Saddlebrook Drive Port St.Lucie,FL t i or to such other address as any party may designate by notice complying with the terms of this F 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 t t 3 k r i E . .,...�.. ._�.:.,oma:...-✓ :ai'ic..: OR BOOK 4134 PAGE 2892 t rE t f� s r s 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 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. f r ATTEST: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS F DEPUTY CLERK B COMA CH IR JX% I O Ski a APPROVED AS TO FORM AND `ice CORRECTNESS: /l t i t 3 COUNTY ATTO EY i i f i r 4 OR BOOK 4134 PAGE 2893 i e rno"'J (f- °us ka w' SHELLY MOODY PRIN NAME i i t STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this W"'day of Pa 2018, by SHELLY MOODY who produced type of identification)and who did take an oath. WITNESS my hand and official seal,this f5 day of A 91s,_Q, 2018. t My commission expires: Sig6ature of Notary Public KUY TAt101 f _ MMMy�riMe-NIM N Fht1N 2 C"Ml"M I FF 961011 MI CNm.9*m MW S,20M " ftWW 0 orM Memo Mary Am. i 5 �s_w•-r.e:'s:�re.rr- .: ��resl:iYl'nx::e;• `. ':'.: :.ba�f"r..... :v�ca,c.kwwna:-.. -r4w`'w_:: , r>mCa�r --ar.v:ik.8�ica'aer',.. 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