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Home My WebLink AboutMisc Letters JOSEPH E. SMIT' , CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4446523 OR BOOK 4144 PAGE 1231, Recorded 06/13/2018 10:57:14 AM .Th1s Instrument prE ared by. Janet LOW under the direction f Daniel S.McIntyre,i ountvAttorney 2300 Virginia Avenu Fort Pierce,FL 3498 t� REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this-T day of 2018, by and between ST. LUCIE C DUNTY, apolitical subdivision of the State of FI ri a, p ( County ) and JOSEPH R. MILLER whc se address is 7301 Santa Barbara Drive, Fort Pierce,FL 34951(the"Owner"). WHE REAS,the Owner owns the property described as follows: : Lakewood Park Unit 1-Block 4, Lot 14 as recorded in Plat Book 10, Page 51,of the Public Records of St.Lucie County,Florida Parcel I.D. 1301-601-0045-000/9 WH I REAS, the Owner has requested a Revocable License Agreement to install a 4-ft black chain ink fence within the County's 10-ft drainage/utility 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 easement fc r the purpose of installing a fence subject to the terms and conditions set forth in this Revocal le License Agreement. NOV, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agre as follows: 1. The County agrees to grant the Owner a Revocable License Agreement for the fence whict will encroach within the County's drainage/utility easement. This Revocable License sha extend only to the referenced fence and shall not extend to the construction and/or insta lation of any additional structures or utilities. 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission 10 install and maintain the fence in the County's easement. The owner agrees that if the Count Engineer and/or Road and Bridge Division determine the fence is causing flooding, r. drainage problems or for other needs in the area and the fence needs to be removed or relocated,ff e owner will do so at the Owner's sole expense. 1 6 r [i . t ux j:sUOA 414 PAGE 1232 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes he Owner to install the fence in the County's easement. The applicant shall obtain a St. Lucie aunty Building permit prior to the commencement of construction activities within the County rainage/utility easement. 4. The Owner shall maintain the easement along the fence in accordance with Standard S ecifications for Public Works Construction in St. Lucie County, Florida. The fence shall not in erfere with County use of the easement and any damage to the County easement shall be re !red by Owner. S. This Revocable license Agreement shall be binding on future successors and assignees o the Owner, provided that Owner gives adequate notice to the County pursuant to Paragraph elve(12)of this Agreement. The applicant shall obtain a St.Lucie County Building permit prio 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 idge Manager, to terminate this Agreement with or without cause and require removal of a encroachment at the Owner's sole expense upon ninety(90)days written notice to the Own r. The County Engineer or Road and Bridge Manager may, in lieu of termination, request tha the Owner perform certain alterations to the fence or the location of the fence,at the Owner' sole expense. However, if such alteration is not performed to the satisfaction of the County ngineer or Road and Bridge Manager,the County shall be entitled to exercise its right to ter inate this Agreement. 7, upon the abandonment of the fence, the expiration of this Revocable license Agreement, r the revocation of this Revocable license Agreement,whichever occurs first,the Owner shat 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 hail 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 ne essary for the maintenance or improvements of the easement by the County. The 2 OR BOOK 4144 PAGE 1233 County do s not accept any responsibility for damages to the fence to be able to access the easement. t 10. The fence shall be installed in accordance with all applicable building codes and permitting egulations of the County and shall be maintained solely at the expense of the Owner. Any maint nance 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 urposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this Ucens shall be in writing and shall be (as elected by the person giving such notice) hand delivered b messenger or carrier service,telecommunicated,or mailed by registered or certified mail(posts e prepaid)return receipt requested,address to: lr As to Count With Copies to: County Engi eer County Attorney Engineering Division 2300 Virginia Avenue,3rd Floor 2300 Virgini Avenue,2nd Floor Fort Pierce, FL 34982 Fort Pierce, L 34982 As to Owne Joseph R.M ler 7301 Santa arbara Drive Fort Pierce, L 34951 or to such o her address as any party may designate by notice complying with the terms of this section. Ea h such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) n the date upon which the return receipt is signed or delivery is refused or the notice Is des! nated 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 agre to indemnify and hold the County harmless from and against all claims, liability, demands, d ages, expenses, fees, fines penalties, suits,'proceedings, actions and costs of s. 3 vcc MVUA 4144 PAGE 1234 actions,inuding reasonable attorneys fees of any kind or nature arising or in anyway connected with the u ,occupation,management,or control of the above property by County or its'agents, servants, e ployees,patrons,or invitees, or resulting in injury to persons or property, or loss of life or pro erty of any kind or nature whatsoever, sustained during Licensee's use of the property. 0 u 14.- The Owner shall promptly pay to record this Revocable License Agreement in the Official Rec rds of St.Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of cording this Revocable License Agreement. IN of WHEREOF, the parties have executed this Agreement on the day and year above first ritten. ATTEST: ST.LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DEPUTY CLE K BY: CHAT APPROVEDAS TO FORM AND ► CORRECTNESS: h-r, COUNTY ATTORNEY 4 vsc avvn Ak 1 1%4 PAGE 1235 t i a 7 { 7 t 5 t Witness-! n —"Sc r\ �._ \< JOSEPH - MILLER PRINT NA E f i STATE OF LORIDA COUNTY ST. LUCIE Th foregoing Instrument was acknowledged before me this day of..IW 2018, ` by JOSEPH R. MILLER who produced fir, eKs Lad-eiise, (type of identification)and who did/did not t take an oal h. k WI NESS my hand and official seal,this '74 day of_R(t�A 2018. < l a1jt. f My comml ion expires: (t,6r rCG Signature of Notary Public &0 r ARM, uskmm { MrcoM�i�ssioai<�er�rae i �� xruiFs;t�nm,zaao ! s,�� •' aorWed7h++NaaryrFuhibiM�de�tt�a 3 5 vn vvvn 't 14 YAt:il+ "1�36 ' i t t • ,LoT 1s ' Irk o. 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