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Home My WebLink AboutLicense Agreement Recorded - FilsMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4867499 OR BOOK 4615 PAGE 796, Recorded 05/21/2021 03:56:04 PM This instrument prepared by: Vikki Mitchell under the direction of Daniel5. Mclntyre, County Attorney 2300 Virginia Avenue Fart Pierce, FL34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this iS-V�n day of G: 2021, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Nixon Fils-Aime and Miriame Fils-Aime whose address is, 220 W Arbor Ave, Port Saint Lucie, FL 34952 (the "Owners"). WHEREAS, the Owners own the property described as follows: River Park -Unit 1, Block 10, Lot 4 - 220 W Arbor Ave Parcel ID- 3419-501-0115-000-2 WHEREAS, the Owners have requested a Revocable License Agreement to install a 6' black chain -link fence and gate along the North side of their property, a 10' swing gate along the South side of their property, and a 6' black chain -link fence along the rear within the County's 6' 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 fence and 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 fence and gates which will encroach within the County's Drainage/Utility Easements. This Revocable License shall extend only to the referenced fence -and 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 fence and gates in the County's easements. The owners agree that if the County Engineer determine the fence and gates are causing flooding, drainage 1 OR BOOK 4615 PAGE 797 problems or for other needs in the area and the fence and gates need 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 and 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 Owners shall maintain the easements along the fence and gates in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence and 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 Owners. The County Engineer in lieu of termination, request that the Owners perform certain alterations to the fence and gates or the location of the fence and 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 fence and 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 fence and 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. Owners agree to relocate the referenced fence and gates, at any time and at no cost to the County, if necessary, for the maintenance or improvements of the easements by the 2 OR BOOK 4615 PAGE 798 County or Utilities Dept. The County does not accept any responsibility for damages to the fence and gates to be able to access the easements. 10. The fence and 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 fences and 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: Nixon Fils-Aime & Miriame Fils-Rime 220 W Arbor Ave Port Saint Lucie, FL 34952 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 4615 PAGE 799 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 fife 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: 4 )1 Wt L —1 DEPUTY CLERK n�o 0 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: /M, CH R APPROVED AS TO FORM AND CORRECTNESS: OR BOOK 4615 PAGE 800 Wit ess wMQ PRINT NA L'' - � �� .. , STATE OF FLORIDA COUNTY OF ST. LUCIE Nixon Fils-Aime Miriame Fils-Aime The foregoing instrument was ackno ]edged before me by m nyof [ hysical presence Vt1r }�' 1�:� 'lonline notarization, this (date)by (hame o-fperssoo acknowledging)), w�(hho is personally known to me or who has produced 41 \J�.1 1�L (type of identification) as identification. [Notary S al] gRpoKE M. STETSON Notary Public, State of Florida Commission# GG 922964 My comm. expires Oct. 15, 2023 Notary Signature T"ae M,Jkft( Name Printed OR BOOK 4615 PAGE 801 ®= water Meter ®= Bell South 044�4{-- 4i over Head Wires J . 0= Wei I !Al f'1_74•c:i. G S.F.=Squore Foot t�t1�1= l,�lr?1�! 1--�,!dcc��+�.tr .�y '>f o_io �1��c�.:� F.F.E.-Finished Floor Elevation F L i Y '_ (*)=Not verified by field measurement —CITY WATER & SEPTIC FO=Found 5/8" Iron Rebar 1`14olue as platted MS=Volue as measured in tield EXHIBIT colk #=Value as platted & field measured M� ,� Site Benchmark k o o is � �+ •� LOT 5 Itock AFAt a N 7358'08" W Q.- ^" -{ ,'`� A jig 44' k A TED a r� f �� oUT9OE PROF � 5.4 • ,� Q �47 IRO O C`� x, at •i- �J� 4 1�1yY� 383 ! a Cr_, Q sti d'y'o 48.14 9.17 FENCE I , '��' of �-- M �t Ot1TS:fl£ PROPER —n A .U.D.E 0 112.96 LOT 3 BLOC#C 10 � tal �J FFE = 12.52 u �' Qw LOURAN BUILDERS o 1759 SW 811lmora St • Port St. Lucie, FL,'34984 (772) 336-5682 �AWP] 220 NE ARBOR AVENUE LAST FIELD DATE-11 30 0( ' SME:1!'=30' ark} Designs BOUNDARY SURVEY ' .._ �� UIf� � � �ul'� UPS I J�� Certi#led to: Jt}�lfl M. EZU55Blf DATE,7/28/05 at the Treasure coast CertI I3Ui�l�er5, oh DRAWN: KAC 3353 NW MAIN AVENUE , Q _ Jensen Beach, FL, 34957 1 2405-1047 (772) 398--4290 I hereby certify lhot the survey shown hereon Is true and correct DATE: REVISIONS and Is based on actual measeuremants taken In the field. This survey tweets the Ulnimum Technical; Standords of Chopter 81G17 ly 06116/06 ! FORM80ARD TIE—IN _ Florida administrative code, — 12 0 06 FINAL TIE—IN I NOT THr SIWn REID AND 7 HOUORIGINAL ;Janes A. selro Jr. RAISED SEAL OF A FLORIDA P tosslonal 5 veyor apper o. 5545 tKEMED 511'!i VIOR"MAPPER Slat of Flo do