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Home My WebLink AboutRevocable License AgreementI MICHELLE R. MIL"—P� , CLERK OF THE CIRCUIT COURT - SAII>�-'-UCIE COUNTY FILE # 4814146 `'BOOK 4549 PAGE 2870, Recorded 02,'. 2021 01:18:56 PM This Instrument prepared by. Vikki Mitchell under the direction of Daniel S. McIntyre, County Attorney 2300 Vireinia Avenue i Fort Pierre, FL 34982 1 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this CA � day of Feb r 2021, by and between ST. LUCIE COUNTY. a political subdivision of the State of Florida, ("County") and Darryl L. & Ruby L. Bright whose address is , 602 Willow Avenue, Port Saint Lucie, FL 34952 (the "Owners"). WHEREAS, the Owners own the property described as follows: River Palrk-Unit 2, Block 19, Lot 8 - 602 Willow Avenue Parcel ID: 3419-510-0239-000-5 WHEREAS, the, Owners have requested a Revocable License Agreement to install a concrete retaining wall along the rear 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 retaining wall 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 retaining wall which will encroach within the County's Drainage/Utility Easements. This Revocable License shall extend only to the referenced retaining wall 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 a retaining wall in the County's easements. The owners agree that if the County Engineer determine the retaining wall is causing flooding, drainage OR BOOK 4549 PnMu, 2871 i problems or for other needs in the area and the retaining wall needs to be removed or relocated, the ownersiwill do so at the Owner's sole expense. 3. Pursuant to the terms and conditions contained in this Agreement, the County i authorizes the Owners to install the retaining wall in the County's easements. The applicant I 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 retaining wall in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The retaining wall shall not interfere with County use of the easements and any damage to the County easements shall be repaired by Owners. i 5. This Revocable License Agreement shall be binding on future successors and assignees of the own iers, 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 permitlprior to the commencement of construction activities within the County Drainage/Utility Easements. 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 i 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 retaining wall or the location of the retaining wall, 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. Upon the abandonment of the retaining wall, 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 retaining wall and repair of the easements, if necessary.' i 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 retaining wall, at any time and at no cost to the County, if necessary, for the maintenance or improvements of the easements by the OR BOOK 4549 PnPA �2872 i County or Utilities Dept. The County does not accept any responsibility for damages to the retaining wall to be able to access the easements. 10. The retaining wall 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. i 11. The Owners agree to allow County employees access to the location of the retaining wall 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) Ireturn receipt requested, address to: As to County: With Copies to: County Engineer County Attorney Engineering Division I 2300 Virginia Avenue, 3rd Floor 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 Fort Pierce, FL 34982 ' As to Owner: Darryl L. & Ruby L. Bright 602 Willow Avenue Port St. Lucie, FL 349521 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 I notice is designated by tIhe 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 OR BOOK 4549 PAGE �2873 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 o� property of any kind or nature whatsoever, sustained during Licensee's use of the property. 1.4. 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: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY:�, VICE, — CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: OUNTY ATT RNEY I I 4 OR BOOK 4549 PAGE I2874 I Zitness N PRINT NAME Witne.4 4 r, U-I 1_ X F A] r= GL=IRk, U (his PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE -4� Ruby L. Bright The foregoing instrument w s ack owI dged before me by means of [ ] physical presence or [ ] online notarization, this (name of person acknowledging), who is personally known to me or who has produced (type of identification) as identification. [Notary Seal] °fir+ MICHELE L JONES Notary Public - State of Florida Cam Is A GG 985059 My Comm. 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