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Home My WebLink AboutLicense Agreement RecordedJOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4788893 OR BOOK 4518 PAGE 1315, Recorded 12/04/2020 01:38:40 PM This Instrument prepared by- MkId Mitchell under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this I5} day of&Cewb r2020, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Samuel McGowan Sr. & Audrey C. McGowan whose address is , 236 SE Prima Vista Boulevard, Port Saint Lucie, FL 34983 (the "Owners"). WHEREAS, the Owners owns the property described as follows: River Park -Unit 5, Block 45, Lot 9 - 236 SE Prima Vista Boulevard Parcel ID: 3419-540-0063-000-3 WHEREAS, the Owner has requested a Revocable License Agreement to install a 6-foot wood fence with gates along the sides of their property within the County's 6-foot Drainage/Utility Easement that will extend into the 10-foot Utility/Drainage Easement along the rear of the property as shown on Exhibit A. WHEREAS, the County is willing to permit the Owner to encroach in the County's 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 the fence which will encroach within the County's Drainage/Utility Easements. 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 in the County's easements. The owners agree that if the County Engineer determine the fence is causing flooding, drainage problems or for other 1 OR BOOK 4518 PAGE 1316 needs in the area and the fence needs to be removed or relocated, the owners will do so at the Owner's sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owners to install the fence in the County's easements. The applicant shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County Drainage/Utility Easements. 4. The Owner shall maintain the easements along the fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owners. S. ' This Revocable License Agreement shall be binding on future successors and assignees of the Owners, provided that the Owners gives adequate notice to the County pursuant -to Paragraph Twelve (12) of this Agreement. The applicant shall obtain a St. Lucie County Building permit prior to the commencement of construction activities within the County Drainage/Utility Easements. 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 encroachment at the Owner's sole expense upon ninety (90) days written notice to the Owner. The County Engineer in lieu of termination, request that the Owners 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. 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. 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 the easements by the County or 2 OR BOOK 4518 PAGE 1317 Utilities Dept. The County does not accept any responsibility for damages to the fence to be able to access the easements. 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 Owners. 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. 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 Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Samuel McGowan Sr. & Audrey C. McGowan 236 SE Prima Vista Boulevard Port St. Lucie, FL 34983 With Copies to: 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 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 3 OR BOOK 4518 PAGE 1318 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 Licensee'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 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: -tv CO a40 m c�UHTY, FLOVLN 4 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND CORRECTNESS: OR BOOK 4518 PAGE 1319 i PRINT NAME W s Ak,' Rk PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE Samuel McGowan Sr. The foregoing instrument was acknowledged before me by means of j ] physical presence or [ ] online notarization, this ) Tv V (date)by e C ED OtQname q- A h rj-->a2 e� C - of arson acknowledging), who is personally known to � ' m or who as puroducedk-j , ` ar - } Y-? C (type of identification) as identification. [Notary Seal] AUDREY B. HUMPHREY +. 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