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Home My WebLink AboutMisc Letters FILE # 4720329--r OR BOOK 4434 PAGE 2003, Recorded 06/18/2020 04 :16:53 PM This instrument prepared by: Janet LICausi under the direction of Daniel S.McIntyre,County Attorney 2300 Virginia Avenue Fort Pierce,FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this 2"d day of lune 2020, by and between ST. LUCIE COUNTY. a political subdivision of the State of Florida, ("County")and Mario Saintelus and Alicia G. Hayden whose address is 395 SE Gasparilla Ave, Port St. Lucie, FL 34983 (the"Owner"). WHEREAS,the Owner owns the property described as follows: River Park-Unit 4, Block 37 Lot 23 as recorded in Plat Book 11, Page 9,of the Public Records of St. Lucie County, Florida Parcel I.D.3419-530-0151-000/6 WHEREAS,the Owner has requested a Revocable License Agreement for a 6'wood fence along their property lines. There are drainage&utility easements that runs along the rear and sides of the property as shown on Exhibit A. WHEREAS, the County is willing to permit the Owner to encroach in the rear drainage/Utility easement and the side drainage/utility easement for the purpose of installing a 6'wood 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 6' wood fence that will encroach in the County's rear drainage/utility easement and the side drainage/utility easement. This Revocable License shall extend only to the referenced fence 1 OR BOOK 44::14 PAGE L U U 4 i 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 6'wood fence in the County's drainage/utility easements. I The Owner agrees that if the County Engineer 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 3. 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 easements. 4. The Owner shall maintain the easement 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. S. This Revocable License Agreement shall be binding on future successors and s 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 not performed to the satisfaction of the County Engineer,the County shall be entitled to exercise its right to terminate this Agreement. 2 vas Lvva� z-sr� rcaVaa '.v yr C 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 easements,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 easements 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. 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: With Copies to: County Engineer County Attorney Engineering Division 2300 Virginia Avenue,3rd Floor 2300 Virginia Avenue,2nd Floor Fort Pierce,FL 34982 Fort Pierce,FL 34982 As to Owner: Mario Saintelus Alicia G: Hayden 395 SE Gasparilla Avenue Port St. Lucie, FL 34983 3 v� ovvt� -s-s.aa reavr� �uuu r t 6 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 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 LERK �-<i BY: v Uy� m C IR CIO. c0fiNTY,FLG�`A,r 4 UK JIUUA rAt M Z u U i APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTO NY fitness w � G,vs� // ✓ MARIO SAINTELUS Witne s CI i VX-0m fitness - Gf % A)lCh& AY N Witness Ei l � 5 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of t $, by MARIO SAINTELUS AND ALICIA G. HAYDEN who produced o��a 'v e� (type of identification)and who did take an oath. �t c WITNESS my hand and official seal,thisday of non ' €t My commission expires: aCk�j Signatur of Notary Public 5 RER "'"""" rts GG 937056 23