HomeMy WebLinkAboutRecorded License Agreement (1)This instrument prepared by:
Janet LiCausi
under the direction of
Daniel S. McIntyre, County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
JOSEPH E. SMITH, CLERK of THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 4566467 051132019 03 4655 PM Type AGR
OR BOOK 4268 PAGE 1760
RECORDING: $44.00
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this ") day offfi)2019, by and between ST.
LUCIE COUNTY, a political subdivision of the State of Florida, (the "Co ty") and WYNTHEA GRIFFITH of
349 NE Bracken Road, Port St. Lucie, FL 34983, (the "Owner")
WHEREAS, the Owner owns the property described as follows:
River Park Unit 9 Part C Block 82, Lot 5
Parcel I.D. 3419-570-0125-000/9
WHEREAS, there is a 10 foot easement along the right side of the property, 10ft in the rear of
the property and a 6ft easement along the right side of the property that Ms. Griffith is asking to install
a 6ft. PVC fence.
WHEREAS, the Owner is requesting a Revocable License Agreement for a 6ft. PVC fence to be
installed within the easements.
WHEREAS, the County is willing to permit the Owner to use the easements for the installation
of the PVC 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 6ft PVC
fence in the 10 foot easement on the right side of the property, the 10ft easement along the rear of
the property and a 6ft easement along the left side of the property. This Revocable License shall
extend only to the above -referenced fence and location and shall not extend to the construction
and/or installation of any additional structures or utilities. (Exhibit A)
2. The sole purpose of this Revocable License Agreement is to grant the Owner permission
to install and maintain the property around the fence, in the utility and drainage easements.
3. Pursuant to the terms and conditions contained in this Agreement, the County
authorizes the Owner to install and maintain the 6ft PVC fence in the three (3) easements.
4. The Owner shall install the 6ft PVC fence in accordance with Standard Specifications for
Public Works Construction in St. Lucie County, Florida
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.
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 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.
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 any of the easements.
10. The fence shall be constructed 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
purposes as determined by the County Engineer.
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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
Wynthea Griffith
349 NE Bracken Road
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, 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.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above
first written.
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Witness (print name)
STATE OF FLORIDA
COUNTY OF ST. LUCIE
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
BY: (A' . "i, � A�4�
CHAIR j
APPROVED AS TO FORM AND
NTY A
WYNTHEA GRIFFITH
The foregoing instrument was acknowledged kmfore me this -L day of I d, ^ 2019,
by WYNTHEA GRIFFITH who produced: _';' .P? "(type of identification and who did take an
oath. '
WITNESS my hand and official seal, this /%day oQ � A.D., 2019.
Signature of Notary Public
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