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Home My WebLink AboutMisc Letters JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4447159 OR BOOK 4145 PAGE 392 , Recorded 06/14/2018 10:30 :44 AM t pmpffed JUN 19 2018 lmaf LiCm mda tM&mdion of I)—d S.Mct" ,Comfy Attomey 2300 Yea Avmme Fort Pimce.FL 3,981 �aT: FNE'lewrtry, Permit: nq. REVOCABLE LICENSE AGREEMENT THIS AGREEMENT,made and entered thisday o 018,by and between S'1'.LUCIE COUNTY,a political subdivision of theLStatc of F da,("County")and MARY E. I I PE whose address is 27 sail Street. c 34 (the"Owner"). WHEREAS,the Owner owns the property described as follows: River Park-Unit 9,Block 80,Lot 3-276 Mainsail Street,River Park,FL WHEREAS,the Owner has requested a Revocable License Agreement to replace a 6-ft wood fence for a 6-ft PVC fence to be installed within the County's 6-ft drainage/utility easement on each side property line and 10-ft utility/drainage easement along the rear of the property,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 terns 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 detemune 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. U 3. 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. U. 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 OR BOOK 4145 PAGE 393 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 fust,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. (honer 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 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'Engumeer. 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: County Engineer Engineering Division 2300 Virginia Avenue,2nd Floor Fort Pierce,FL 34982 As to Owner: Mary E.Hooper 276 NE Mainsail Street Port St.Lucie,FL 34983 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,dernands,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 OR BOOK 4145 PAGE 394 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. ATTEST: ST.LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLERI B . co IR M APPROVED AS TO FORM AND `'Fc�uNTY F �* CORRECTNESS: COUNTY ATTORNEY Witness 011vMARY E.HOOPER PRINT NAME STATE OF FLORIDA COUNI'Y OF ST.LUCIE The foregoing instrument was acknowledged before me this of day of�/ihr _ZU 18,by MAY E.HOOPER who produced fL bo5WrT PCe!.Ktype of identification)and who did take an oath. OR BOOK 4145 PAGE 395 WITNESS my hand and official seal,this day ofT-_,2018. My commission expires: Signature of Notary Public 5 1 aozi wm6wwm "dF** OR BOOK 4145 PAGE 396 A BOUNDARY AND RECORD SURVEY FOR MARY ELIZABETH HOOPER Boun d ory Survey Note. All Bearings & distances Are As Per Plot Unless Noted Other Im d z t1 I o = Block 80 a � Q � x 1 1307 110.00' 6In do Utility Easement -01 14.9' 24 §\gym m J. /''� C1 4� �[ 4 V V W 7 24.0' o. o v Cf) °« ? 6Drainage dr Ut1tlt Easement 30.f I (b as•41'30"E 110.00' 4 N �U ADDRESS: 276 NE Mainsail Street - 4L �u Port St. Lucie, Florida LEGAL 0EAPEW', Lot 3, Block 80, RIVER PARK -- UNIT 9 PART 'C', according to the Plat thereoof, as recorded In Plat Book 15, Pages 28, 25A and 286, of the Public Records 'of St. Lucie County, Florida. CERTIFIED TO: MARY ELIZABETH. HOOPER; EXHIBIT ARGENT MORTGAGE COMPANY, L.L.C., ITS SUCCESSORS AND/OR ASSIGNS; FIDELITY NATIONAL TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION QQ a Found 5/8" Iron Rod (No Cap) NOTE: Underground Power