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Home My WebLink AboutMisc Letters This instrument prepared by: JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT Janet LiCausi SAINT LUCIE COUNTY under the directlon of FILE#4647536 12/022019 11:06:07 AM Daniel S:Mctrrtyre,County Attorney OR'BOOK 4352 PAGE 2188-2193 Doc Type:AGR 2300 Virginia Avenue REC OR04NG: $52.50 Fort Pierce,FL 34982 .a _. REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and-entered this 19th day of November 2019, by and between ST-LU.CIE_C.QUNTX..a political subdivision of the State of Florida,. ("County") and DAVID and SHANNON:R€IS:whose address is 155 S Naranja Avenue,Port St.Lucie, FL 34983 (the"Owner"). WHEREAS,the Owner owns the property described as follows: River Park Unit 5, Blk 47, Lot 30 according to the Plat thereof, as recorded in Plat Book 11, Page 31,of the Public Recd"rds of St. Lucie County, Florida WHEREAS, the Owners have requested a Revocable License Agreement for a, chain; link fence as shown on Exhibit A. There is 4ft. drainage&utility easement located along the front and right-property line of the subject parcel. WHEREAS, the County, is willing to permit the Owners to encroach in the side drainage/utility easements 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 a 4ft chain link fence, which will encroach in the drainage/utility:easements. This Revocable License shall extend only to the referenced chain link 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 ands maintain the fence in1he side drainage/utility easements. The Owners 1 agree that if the County, Engineer and/or Utilities Department determine the fence is; causing. problems or the fence needs to be removed or relocated the Owners will do so at the Owners'sole expense. 3. Pursuant to the terms and conditions, contained' in this Agreement, the County authorizes the Owners tol install a chain link fence in the side drainage/utility easements. 4'. The Owners 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 Owners. 5. This Revocable License Agreement.shall be binding on future successors and assignees of the Owners, provided;that 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 and/or Utilities Department 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 Owners. The County Engineer or Utilities Department may, in lieu of termination, request that, the Owners perform certain alterations to the fence or the location of the fence, at the Owners' sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Utilities Department,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 Owners shall be responsible for the removal of the fence and repair-of the easements, if necessary:: 2 8. The term of this Revocable License Agreement shall begin on they date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9: Owners agree to relocate the referenced fence, at any, time and at no cost to the County, if necessary for the maintenance or improvements of easement by the County or Utilities Department. 10. The fence shall be installed, in accordance with-all applicable,building codes and permitting regulations of the Countyand shalfbe maintained solely at the expense of the=0wners. Any maintenance be relocation activity will be, subject to the written approval of the County Engineer and/or Utilities Department. 11: The Owners agrees to allow County employees access to the location of the,fence for County,purposes as determined by the County Engineer and/or Utilities Department. 12. All notices, request and othercommunications 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 Vi�gihia Avenue, 2nd Floor Fort Pierce, FL 34982 Fort Pierce; FL 34982 As to Owner: David and Shannon Reis 155 S Naranja Avenue Port St. Lucie, FL 34983 or to such other address as any,party may designate by notice complying with the terms of this section. Each such notice shall be deemeddelivered (a) on the date delivered if by personal 3 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 consideratiod 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 ha w- fi6c, 17 DEPU ;CLERK B a CHAIR %_---- APPROVED AS TO FORM AND CORRECTNESS: m c�LHTY COUNTY ATTO a 4 i • .y rv^ T t tnessfor both r S VID REIS 07 ness for both SHANNON REIS STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 444- day of-- 6I �x�.-.2019, by.DAVID.and SHANNON-REIS_who produced= !�. ? .o _ (type of identification) and y+tho did/did not take an oath. WITNESS my hand and official seal,this day of Tt Je4%LP-92013:;: t. y r JOANN M.RILEY 71- commiss6 i; G 054939 %E04s!}esemberi3;2020 . •�gcf~N! 60tb¢A 111N YfC/fdll k141�aU1t�800.385�018' .... u _.._......... .. ure of Notary Public - ..w. .l 5 1C - 1 155 NMS AtNy AVE x t .R 4 EXHIBIT �i