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Home My WebLink AboutRecorded License AgreementMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4807259 OR BOOK 4541 PAGE 1422, Recorded 01/21/2021 02:15:06 PM This Instrument prepared by: Vikkl Mitchell under the direction of Daniels. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this C1t" day of 1n0at4 , 2021, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and ALVIN COLE & FLORCITA S. COLE whose address is, 134 N. Naranja Avenue, Port Saint Lucie, FL 34983 (the "Owners") WHEREAS, the Owners owns the property described as follows: River Park -Unit 4, Block 40, Lot 32 -134 N. Naranja Avenue Parcel ID: 3419-530-0254-000-8 WHEREAS, the Owners have requested a Revocable License Agreement to install an 8- foot-wide double gate along the sides of their property within the County's 6-foot Drainage/Utility Easement as shown on Exhibit A. WHEREAS, the County is willing to permit the Owners to encroach in the County's easements for the purpose of installing the gates 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 gates which will encroach within the County's Drainage/Utility Easements. This Revocable License shall extend only to the referenced gates 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 gates in the County's easements. The owners agree that if the County Engineer determine the gates are causing flooding, drainage problems or for other 1 OR BOOK 4541 PAGE 1423 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 gates 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 gates in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The gates shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owners. 5. 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 gates or the location of the gates, 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 gates, 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 gates 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 gates, 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 4541 PAGE 1424 Utilities Dept. The County does not accept any responsibility for damages to the gates to be able to access the easements. 10. The gates 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 gates 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: Alvin Cole & Florcita S. Cole 134 N. Naranja Avenue 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 C OR BOOK 4541 PAGE 1425 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: v®J��Y Co�� z rG 0 �oG�tr Fcoa�°* 4 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: ICir CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: OR BOOK 4541 PAGE 1426 Witness ToSePA- (j, , f t elm PRINT NAME _ !Zes,s ,�� PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE Alvin Cole Florcita S. Cole The foregoing instrument was acknowledged before me by means of fit] physical presence or [ ] online notarization, this 1,-2B-1020 (date)by Alvin * florU1a Cale _ _ (name of person acknowledging), who is personally known to me or who has produced FJ fiy& ieexe- (type of identification) as identification. [Notary Sea1] Notary Public State of FlOfida Zoey Post a My Commission GG 161727 Expires 1112012021 — —Z 9-'�t No ry Signature -XVC334 ame Printed OR BOOK 4541 PAGE 1427 CERTIFICATE OF SURVEY oRDER NO. 4555 1 HEREBY CERTIFY 1HAT 110E PLAT S11OWH HEREON IS A TRUE AND CORRECT WEP91:0EHTATIO14 OF A SURVEY OF THE PROP#RTY DESCRIBER IN THE CAPTION THEREOF,MtDE UNDER MY DIRECTION,AND IB ACCURATE TO THE &EST OF MY KNOKLED44 AND BELIEF,AND THAT THERE ARE NO VISIBLE ENCROACH)"I'S,UNLESS SHWIM. I FURTHER CERTIFY THAT THIS BURVEY NESTS THE MINIMUM TECHNICAL STANDARDS FOR LAND SUAVBYINO IN THE STAIE OF FLORIDA[CHAPIER I1HN^E FLORIDA ADMINISTRATIVE CODEJFOR IRE TYPE OF WRVEY SHOW HEREON- 1 •7013 PLAT OF SURVEY IE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURYETOR'S SEAL. I•ND SEARCH OF lift PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE FOR ACCURACY OR OMISSIONS, 1•THE SURVEY OF PROPERTY SHOWN HEREON iB EXCLUSIVELY IN ACCORD GE WI`THH DESCRIP C: Fu1WI CERTIFIED TO: FIP,ST CITIRIOIS PF MAL SAVINGS & LOAN ASSOC. WILL14M L.CREECH,JR. STEWART TITLE FLORIDA PROFESSIONAL LAND SURVEYOR MR. AND MRS. ALVIN COLE CERTIFICATE MBER 1310 0 FOUND CONCRETE MONUMERTL NDI FOUND IRON MARKER , OATEI aG ■ SET CONCRETE MONUMENT a SET IRON MARKER O�-D—o WnOA FENCE. -A. NIRE-i TY ROLE— _ w, s �0 J 3 1 6. � N r r��w Mw wr ►.Wi• MN� A /PO.00' A •�f. ,r.R' I rx.' •w a, ■ .S • 4 fs.o' SCALE I11.301 y •O r•r•. e}r 37°1 V ti .y t., •a C01 AIt/al Ner V I r.. ,aI w a r•641 K air' isa' f.■ 7• lor33 �• �. LoT 7/ � w If R7.7 h -_ L]rr+. muar,.rr S,r •'Yl.rCT __ ° Aft t 4� ' *IR-W�7fQ . 'I Cu.rrr• -�--- 1 _ 1 Na A A /V 3' A e4 YA< N L/ E /! N' �'T a' . 3ofT, NSP,vAA7 SV9', ar - I DESCRIPTIOn SURVEY OF AND SMONTAR LOT 72 •BLOCK w OF THE SUBDIVISION OF FIVOA FARX UNIT • AS AECOROED IK PLAT BOAC IL PAGE 9• RFC9RDS OF aT. p,CIF COURTY.FLDRIDA now Tm R PARCL Pa. 170745-0841 ADDREESS• 11i tiuAnlA AVE. yy�aT` '� •'r� %.i f t►+ r.urr RT• 1OCIL, nogim 7 ... RAW •r • a h `' • B� Q= Gate Location .f r e•w ■ �.f •� e • � .iCa ra r�� w JJ LDOTISKETCH NID ot ID SCALE V Exhibit 11 /� II R