HomeMy WebLinkAboutRevocable License.r(�ali`ll E. SMITH, CLERK OP THE CIRCUIT COURT - SAINT LUCIE COUNTY
PILE 1 4715959 OR BOOK 4429 PAGE 1962, Recorded 06/08/2020 12:02:07 PM
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REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this /L day of 2020, by and between
ST. LUCIE COUNTY. a political subdivision of the State of Florida, (theAunty) and STEPHANIE MCINTYRE
and ZACHERY TAYLOR whose address Is 764 Altura Street, Port St. Lucie, FL 34952 (the Owners).
WHEREAS, the Owners own 756 Altura Street In Port St. Lucie
Parcel ID 3419-515-0109-"/0
WHEREAS, the Owners are requesting to Install a Eft wood fence across the rear and sides of their
property in the drainage/utility easement.
WHEREAS, the County is willing to permit the Owners to use the drainage/utility easements on their
property for her fence and maintenance along the fence and not to go past the utility poles, 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 purpose of
installing and maintaining fencing in the County's drainage/utility easement on their property, as
indicated on the attached map and incorporated herein as Exhibit "A".
2. The sole purpose of this Revocable License Agreement is to allow the Owners to install fencing
and maintain the area around the fence in the drainage/utility easement along the sides and rear of
their property and not in the large drainage easement off of their property line. It shall not extend to
the construction and/or installation of any additional structures or utilities
3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the
Owners to install the fence and maintain the area along the fence at the location identified in Exhibit
`A"
1
OR HOOK 4429 PADS 1963
4. The Owners shall Install the fence In accordance with Standard Spedfication for Public Works
Construction in St_ Lucie County. The fence shall not Interfere with the use of the drainage or utility
easements of the County or other Utility Services that may be using said easements. Any damage to the
easements shall be repaired by the Owners.
S. 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 Owners' sole expense upon
thirty (30) days written notice to the Owners. The County Engineer may, In Neu of termination, request
that the Owners perform certain alterations to the fence and location in the drainage/utility easements
mentioned in Exhibit 'A' at the Owners' 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 the expiration of this Revocable License Agreement or the revocation of this Revocable
Lieerse whichever occurs first, the Owners shall be responsible for the removal of the fence
and restoration of the easement and/or property as directed by the County Engineer, consistent with
the specifications of the County in force at such time.
& 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 and or County property.
10. The fence on the Cournty's property shall be in accordance with aN applicable codes and
permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any
maintenance activity will be subject to the written approval of the County Engineer,
1L The Owners agree to allow County employees access to the location of the fence for County
purposes as wed by the County Engineer.
OR HOOK 4429 PAGE 1964
11 All notices, request and other communications dealing directly or Indirectly with this
Rene shall be in writing and shah be (as elected by the person givft such notice) hand delivered by
messenger or carrier service, teieoommuniated, 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 Me -a-, FL 34982
As to Owners:
Stephanie McIntyre and Zachery Taylor
764 Ahura Street
Port St Lucie, FL 349S2
As to County:
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 tams 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, liablky, demands, damages,
exposes, fees, fines, penalties, suits, proceedings, actions and costs of actions. including reasonable
allonwYs fees of any Idnd or nature arising or in any way connected with the use, occupation,
marwgement, or cm rol of the above property by County or its'
agents, savants, 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 Owners use of the property.
OR HOOK 4429 PAGE 1965
14. The Owners shall 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
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above
first written.
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WITNESSES:
STATE OF •
COUNTYOF
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
CHAIR
APPROVED AS TO FORM AND
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The foregoing instrument was acknowledged before me this � day of +[l, n rr 2020,
by STEPHANIE MCINTYRE and ZACHERY TAYLOR who produced (AP G 00(type
OR BOOK 4429 PAGE 1966
of Identification) nd who d /not take an oath.
WETNESS my hand and official seal, this kJ day of 0
2020.
My commission expires:
NOTARY SIGNATURE
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