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HomeMy WebLinkAboutRevocable License AgreementMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4867486 OR BOOK 4615 PAGE 726, Recorded 05/21/2021 03:49:31 PM This Instrument prepared by: VlYid 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 i t�5t" day of V ag-A — 2021, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Janet Nelson whose address is, 12454Grumman Way, Port Saint Lucie, FL34987 (the -"Owner"). WHEREAS, the Owner owns the property described as follows: Lakewood Park Addition No 1— Block D Lot 17 — 7404 Donlon Road Parcel ID: 1302-810-0092-d0o-8 WHEREAS, the Owner has requested a Revocable License Agreement to install a 6' wood fence with a double swing gate along the sides and rear of her property within the County's 17.5" Drainage/Utility Easement 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 Owner a Revocable License Agreement for the fence which will encroach within the County's 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 Owner 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 needs in the area and the fence needs to be removed or relocated, the Owner will do so at the Owners sole expense. I OR BOOK 4615 PAGE 727 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes the Owner 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 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 Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that the Owner give adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 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 may request that the Owner perform certain alterations to the fence or the location of the fence, at the Owners' 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 Owner 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 Utilities Deptepartment. 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 2 OR BOOK 4615 PAGE 728 Owners. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees 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 Owners: Janet Nelson 12454 Grumman Way Port Saint Lucie, FL 34987 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 Owner agrees 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 3 OR BOOK 4615 PAGE 729 life or property of any kind or nature whatsoever, sustained during Licensee's use of the property. 14. The Owner 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 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND CORRECTNESS: COUN A OR EY OR BOOK 4615 PAGE 730 (?A/A Witness OW (, A, 31 S R-D-14 PRINT NAME �( )/ _41�l�I7A�duft Witness VIP_+oriq ryll'ic hr—Li PRINT NAME STATE OF FLORIDA COUNTY OF ST. LUCIE c 2� Janet Nelson The foregoing instrument wasacknowledged before me by means of [�ysical presence or [ ] online notarization, this t h OJT A I date)by Janet Nelson , who is personally known tome or who has produced 1=L Llce/i & e— (type of identification) as identification. 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S E9'87W E PASI V 418.aatn /y - jC D s 8 aa'S79a• E - V ASP TLH 70' -R/M1 PtiD NLnisK 9 1 7903 �`.�" �+i ET NAIL & MSK it CERTIFIED TO: ©coP JANti 1 LODGE; _ �• ��� o SERVICE _ C•)es'Amo d r E SIGNED AANC 7HE REMD= �? onal r A..• 0.er QTmm rpmecr f� 21 3�PI . . - - - -- - - - - - - _ DOCUMENT IARNOLD /�tin►i11