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Home My WebLink AboutRevolable LicenseJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 4772772 OR BOOK 4498 PAGE 1792, Recorded 10/27/2020 04:10:48 PM 7bb instrument prepared by: Ykki Mitchell under the direction of Daniels. McIntyre, County Attorney 2300 % tgin4 Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this aO day of ar-kobe C 2020, by and between ST. LUCIE COUNTY. a political subdivision of the State of Florida, (the County) and Antonio P. & Myrna M. Whitehead, whose address is 4802 Paleo Pines Circle Fort Pierce, FL 34951 (the Owners). WHEREAS, the Owners own 4802 Paleo Pines Circle Fort Pierce Parcel ID 1312-801-0112-000-8 WHEREAS, the Owners are requesting to install a 5 -foot chain link fence with a gate along the West side of their property within the Utility Easement. As Shown on Exhibit "A". WHEREAS, the Owners acknowledges that the County does not currently have utilities located in the Utility Easement, and that this Agreement does not obligate the County to maintain the 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 so at the Owner's sole expense. In)6a1 OR BOOK 4498 PAGE 1793 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. 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 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. S. 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. 30. 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 determined by the County Engineer. Initial OR BOOK 4498 PAGE 1794 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: Antonio P. & Myrna M. Whitehead 4802 Paleo Pines Circle Fort Pierce, FL 34951 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. Initial OR BOOK 4498 PAGE 1795 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year above first written. DEPETY CLE Kq. N. A Y cO�hrr, Fwa'O° WITNESSES: - -� Illp"10-11 fer- WITNESSES Fittlie VA&yyie, Print i Signature ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND CORRECTNESS: COUNTY fAR Antonio Whitehead �My a Wh'stehead OR BOOK 4498 PAGE 1796 STATE Of Florida COUNTY OF SA'tr f• L.,,44.. The foregoing instrument was acknowledged before me by means of [+physical presence or [ ] online notarization, this5z;7 2-6! ,�2D?O (date)by Anl'pnio VJW+dread i w►iit hc4 (name of person acknowledging), who is personally known to me or who has produced WW0-D15-'f8- vt9-!n &^to^iQ (type of identification) as identification. W93D-553-55-let -D Ltny*•>4) �?. �.. Notary Public •State o1 Florida rjC.a•C.l-.7 [Notary 1 Nota Seal] CommiWon AGG985931 My Comm. ENplres May 10, 2024 Notary Signature •?or M1d 9onded through Nallonal Notary assn. I��Ilie i-�r'ris Name Printed OR BOOK 4498 PAGE 1797 PALEO PINES CIRCLE 60' R/W (IMPROVED) y6o2 P�,1ea Ams C,r LOT 240 SET 1fP IRONROO L8#7893 is O LOT 310 SURVEYNOTES Z O "RIVECROSSING THE PROPERTY UNE ON SOUTHERLY SIDE OF LOT. THERE ARE FENCES NEAR THE BOUNDARY OF THE PROPERTY AND CROSS INTO THE 7.5 U.E. ON NORTHERLY SIDE OFLOT. SHED CR05SINO INTO THE 7.5'U.E.ONNORTHERV SIDE OF LOT, PROPERTY -SUPPLIED BY CITY WATER AND SEWER FOUND 5f, v ......L') POINTOF IRONR00 CURVATURE NOI.D. Na °ate SURVEYORS CERTFICATE TAY` ■ ET t AtRU CERTIFY ODDIUTHAT REPREHIS SRDANYSURJEY SURVEYING LI.0 19ATRUEAHD RED UNDER N TRE FR DIRECT= OUROFA NOT VZO PREPARED AUHENRI TOED NSIGNATURE G ATUR AND At ANANiATEDEL EDFIECfR7tdC LB 07893 STATE OF OR A RAZEAADADTSED SEATEDELEGTADNGSEN ORARWSED EMBOSSED EEPIANDSGNN SRE I'pigINN 5lgned by SERVING FLORIDA KENNETH 4 KENNETH OS80RNE rsrcrr�nl ' szMILITARY ITRAIL. SUITE WESTPNLMBaCN.FL33407zo.oa,os PHONE 15619OSBORN;Ecbate:zo0STATEWIDE PHONE (690)2aem KENNEJOOR 09:12:28 -00STATEWDEFA(8D0)74-0 6 DADFESSI014AISURVEYORADMAPPFRY816 g0WEBSITE: hGpftg.Icurvy6pn1 F 3 BOUNDARYSURVEY G 5' h 5ii Choo Itht LOT 242 241 seam IRONROD TR Latnea7 N90° 0'OD" 40000' _ i b r 7.SO.E. s — SHED I r.. coEll,."'.: CONG. • ! LOT 308 120 sa5� :`sCREENE LOT 309 ;' POOL w #4802 ` • DNC. POOL DECK $ 145 Wi'• 2,.4' •.• CO CRETE ':.33,T,:'^+! •'CONCRElE DRIVE' b PALEO PINES CIRCLE 60' R/W (IMPROVED) y6o2 P�,1ea Ams C,r LOT 240 SET 1fP IRONROO L8#7893 is O LOT 310 SURVEYNOTES Z O "RIVECROSSING THE PROPERTY UNE ON SOUTHERLY SIDE OF LOT. THERE ARE FENCES NEAR THE BOUNDARY OF THE PROPERTY AND CROSS INTO THE 7.5 U.E. ON NORTHERLY SIDE OFLOT. SHED CR05SINO INTO THE 7.5'U.E.ONNORTHERV SIDE OF LOT, PROPERTY -SUPPLIED BY CITY WATER AND SEWER FOUND 5f, v ......L') POINTOF IRONR00 CURVATURE NOI.D. Na °ate SURVEYORS CERTFICATE TAY` ■ ET t AtRU CERTIFY ODDIUTHAT REPREHIS SRDANYSURJEY SURVEYING LI.0 19ATRUEAHD RED UNDER N TRE FR DIRECT= OUROFA NOT VZO PREPARED AUHENRI TOED NSIGNATURE G ATUR AND At ANANiATEDEL EDFIECfR7tdC LB 07893 STATE OF OR A RAZEAADADTSED SEATEDELEGTADNGSEN ORARWSED EMBOSSED EEPIANDSGNN SRE I'pigINN 5lgned by SERVING FLORIDA KENNETH 4 KENNETH OS80RNE rsrcrr�nl ' szMILITARY ITRAIL. SUITE WESTPNLMBaCN.FL33407zo.oa,os PHONE 15619OSBORN;Ecbate:zo0STATEWIDE PHONE (690)2aem KENNEJOOR 09:12:28 -00STATEWDEFA(8D0)74-0 6 DADFESSI014AISURVEYORADMAPPFRY816 g0WEBSITE: hGpftg.Icurvy6pn1 F