HomeMy WebLinkAboutRecorded revocable license agreementJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 4736261 OR BOOK 4454 PAGE 1002, Recorded 07/31/2020 10:09:26 AM
This instrument prepared by:
Vikki Mitchell
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 ag4ti day of �� T, 2020, by and between
ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the County) and Mike Henry & Barbara
J. Winchester, whose address is 6604 Lakeland Boulevard Fort Pierce, FL 34951 (the Owners).
WHEREAS, the Owners own 6604 Lakeland Boulevard Fort Pierce
Parcel ID 1301-611-0392-000-7
WHEREAS, the Owners are requesting to install a 4-foot chain link fence across the rear of their
property within the drainage/utility easement. As Shown on Exhibit "A".
WHEREAS, the Owners acknowledges that the County does not currently maintain the Drainage and
Utility Easement, and that this Agreement does not obligate the County to maintain the Drainage and
Utility Easement in the future. The County is willing to permit the Owners to encroach within the
easement 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 Owners a Revocable License Agreement for the fence which will
encroach within the easement. 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 Owners permission to install
and maintain the fence within the easement, The owners agree that if the County Engineer determine
the fence is causing problems or other needs in the area and fence needs to be removed or relocate, the
Owners will do at the Owner's sole expense.
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OR BOOK 4454 PAGE 1003
3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the
Owners to install the fence within the easement.
4. The Owners shall maintain the easement along their fence in accordance with Standard
Specification for Public works Construction in St. Lucie County, Florida, and Health Department
Standards. The fence shall not interfere with the County's future use of the easement. Any damage to
the easement shall be repaired by the Owners.
5. This Revocable License Agreement shall be binding on future successor and assignees of the
Owners provided the Owners 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 fence 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 Owners perform certain alterations to the fence and location of the fence at the Owner's sole
expense. However, if such alterations are not performed to the satisfaction of the County Engineer, the
County shall be entitled to exercise its right to terminate this Agreement.
7. Upon abandonment of the fence, the expiration of this Revocable License Agreement, or the
revocation of this Revocable License Agreement, whichever occurs first, the Owners 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. Owners 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 easement by the County or Utilities Department.
10. The fence shall be in accordance with all applicable 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 Owners agree to allow County employees access to the location of the fence for County
purposes as deterynined by the County Engineer.
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OR BOOK 4454 PAGE 1004
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
2300 Virginia Avenue, 2nd Floor
Fort Pierce, FL 34982
County Attorney
2300 Virginia Avenue, 3rd Floor
Fort Pierce, FL 34982
As to Owners:
Mike Henry &,Bdrbara J. Winchester
6604 Lakeland Boulevard
Fort Pierce, FL 34951 ` S
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 Owners agree
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
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 Owner's use of the property,
14, The Owners shall promptly pay to record this Revocable License Agreement in the Official
Records of St. Lucie County, Florida. The Owners shall pay -any document.excise taxes and the cost of
recording this Revocable License Agreement. a '
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OR BOOK 4454 PAGE 1005
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above
first written.
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ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
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APPROVED AS TO FORM AND
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Mike Henry
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CATHY DAWN FURR
Notary Public • State of Florida
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BarbaraJ. Winchester
OR BOOK 4454 PAGE 1006
STATE OF Floc i �,a
COUNTY OF t-x "_ I e-
The foregoing instrument was acknowledged before me this' day of.,Iaiyl=. 2020,
by Mike Henry & Rarbara 1. Winchester who produced 1D6 tWAI (type of
identification) and who did take an oath.
WITNESS my hand and official seal, thisday ofJ UA -e— 2020.
My commission expires: NOTAR SI NATURE
(. :y x•l LATHY �RIR�%utary public-SCommission N
My Comm. Expires Aug 2%. 202?
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