HomeMy WebLinkAboutApproved License Agreement Fence RecordedMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 4891830 OR BOOK 4645 PAGE 1593, Recorded 07/09/2021 09:13:13 AM
This instrument prepared by:
Vikkl Mitchell
under the direction of
Daniel S. Mcintyre, County Attorney
23DO Virginia Avenue
Fort Pierce, FL 34982
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this day of _�J 1J_ 2021, by and
between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Darry!
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 Park -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 6'
chain -link fence with a gate along the North West side of their property, a 4' chain -[ink fence
with a gate along the South East side and rear of their property within the County's 5-foot
Drainage/Uti[ity Easements 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 fences 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
fences and gates which will encroach within the County's Drainage/Utility Easements. This
Revocable License shall extend only to the referenced fences 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 a fences and gates in the County's easements. The owners
agree that if the County Engineer determine the fences and gates are causing flooding, drainage
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problems or for other needs in the area the fences and gates 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 fences 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 Owner shall maintain the easements along the fences and gates in
accordance with Standard Specifications for Public Works Construction in St. Lucie County,
Florida. The fences 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 (1.2) 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
fences or gates or the location of the fences or 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 fences 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 fences 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. Owner agrees to relocate the referenced fences and gates, at any time and at no
cost to the County, if necessary, for the maintenance or improvements of the easements by the
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OR BOOK 4645 PAGE 1595
County or Utilities Dept. The County does not accept any responsibility for damages to the
fences and gates to be able to access the easements.
10. The fences 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:
Darryl L. & Ruby L. Bright
602 Willow Avenue
Port St. 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 persona[
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
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OR BOOK 4645 PAGE 1596
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:
ST. LUCIE COUNTY
BOARD OF COUNTY COMMISSIONERS
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APPROVED AS TO FORM AND
CORRECTNESS:
OR BOOK 4645 PAGE 1597
Ruby L. Bright
PRINT NAME
STATE OF FLORIDA
COUNTY OF ST. LUCIE
The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ]
online notarization, this I 20 (date)by j ia�m°Py
of person acknowledging], who is erso�ykto me or who has produced �}
(type of identification) as identification.
[Notary Seal]
•:- MICHELE L JONES
t; Notary Public - State of Florida
�' Commission M GG 985059
'~?oFF` My Comm. Expires Jul 17, 2024
Bonded through Hatfonal Notary Assn.
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OR BOOK 4645 PAGE 1598
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