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Home My WebLink AboutAfter the Fact Revocable License AgreementFILE # 4837751 OR BOOB---,7)78 PAGE 2377, Recorded 03/25/2021 01:54:32 PM This instrument prepared by: Vildd Mitchell under the direction of .Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 AFTER THE FACT REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made and entered thisrd day of Q T 2021, by and between ST. LUCIE COUNTY. a political subdivision of the State of Florida, (the "County") and THOMAS C. WEEKS AND GAIL L. WEEKS whose address is 1901 South 34* Street, Fort Pierce, FL 34947 ("Owners"). WHEREAS, the Owners own the property described as follows: Westwood Manor Block 4 Lot 24 —1901 South 341 Street PARCEL I.D. 2417-702-0074-000-0 WHEREAS, the Owners has requested an "After the Fact" Revocable License Agreement to keep their chain -link fence at the present location in a portion of the right-of-way known as Rose Avenue. The owners are requesting to install a handicap ramp along the North side of their residence that will also extend into the right-of-way of Rose Avenue. In this location Rose Avenue is a 50' County owned and I maintained right-of-way. See attached Exhibit "A" WHEREAS, the County' is willing to permit the Owners to use a portion of Rose Avenue to keep their fence, install a handicap ramp and maintain the right-of-way around the fence and ramp, subject to the terms and conditions set forth in this "After the Fact" Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: i 1. The County agrees to grant the Owners an "After the Fact" Revocable License Agreement for the purpose of keeping their fence in the present location, installing a handicap ramp, and maintaining the area around the fence and ramp on the right-of-way on Rose Avenue, as indicated on the attached map and incorporated !herein as Exhibit "A". The fence and ramp will be kept on County property at the present location shown in Exhibit "A" and shall not extend any finiher in the right-of-way of Rose Avenue and this location. 2. The sole purpose of this "After the Fact" Revocable License Agreement is to allow the Owners to keep their fence, install a handicap ramp and maintain the area around the fence and ramp in the right-of-way of Rose Avenue an the side oftheir house and shall not extend to the construction and/or install any additional structures or utilities. 3. Pursuant to the terms and conditions contained in this "After the Fast" Revocable License Agreement, the County authorizes the Owners to keep the fence, install a handicap ramp and maintain the area around the fence and ramp at the present location identified in Exhibit W. 4. This "After the Fad" 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 Eleven (11) of this Agreement. 5. The County shall have the right; at the sole discretion of the County Engineer or the Road and Bridge Director, to terminate this Agreement with or without cause and require removal of the fence and handicap ramp at the Owner's sole expense upon ninety (40) days written notice to the Owners. The County Engineer and the Road and Bridge Division Director may, in lieu of termination, request that the Owners perform certain alterations to the fence and handicap ramp's location in the right-of-way mentioned in Exhibit "A" at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer and the Road and Bridge Division Director, the County shall be entitled to exercise its right to terminate this Agreement. 6. Upon the expiation of this "After the Fact" Revocable License Agreement, or the revocation of this "After the Fact" Revocable License Agreement, whichever occurs first, the Owners shall be responsible for the removal of the fence and handicap ramp and restoring the right-0of-way and/or property as directed by the County Engineer or the Road and Bridge Division Director, consistent with the specifications of the County in force at such time. 7. The term of this "After the Fact" Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 8. Owners agree to relocate the referenced fence and handicap ramp, at any time and at no cost to the County, if necessary for the maintenance or improvements of the right-of-way and or County property. 9. The fence and handicap ramp on the County's pmperty shall be in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of the Owners. Any maintenance activity will be subject to the written approval of the County Engineer or the Road and Bridge Division Director. 10. The Owner agrees to allow County employees access to the Iocation of the fence and handicap ramp for County purposes as determimed by the County Engineer or the Road and Bridge Division Director. 11. 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. Thomas C. Weeks 8t Gail L. Weeks 1901 South 341h Street Fort Pierce, FL 34947 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. 12. As consideration for the County granting this "After the Fact' 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 natm whatsoever, sustained during Ownees use of the property. 13. The Owner shall promptly pay to record this "After the Fact" 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 "After the Fact" Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. CLERK . QJ�KY CO�� 0M1 ��F 4 �'VrY. Fip��P ST. LUCIE COUNTY BOARD OF CO SIGNERS CMWR IM TNESS: wlrNEs . A r W N 9- /W cW l WITNESS: (Print Name) &-A &r WITNESS: (Print Name) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged b notarization, this 9 (date)by YL Thomas C. Weeks Gail L. Weeks e`f�o-r�e me by means of /Aphysiicc�al presence, or (] online I rI�M�1j l.. I�OOtGr i 1j_ �•►,Ciname of person , acknowledging), who is personally known to me or who has produced (type of identification) as identification. 01 NONotary Public, State of Florida ;° �; Donna Lea Askman [Nota Seal .; ' MyCommtssion GG 174054 L rY lcldP Expifes 01/09/2022 Notary Signature M _1 �,� Lim Name Printed m tebbftkr