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Home My WebLink AboutAFTER THE FACT REVOCABLE LINCENSE AGREEMENTFILE # 4891851 OR BOOK 4645 PAGE 1655, Recorded 07/09/2021 09:22:39 AM This instrument prepared by: Kayla Chidgey under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 AFTER THE FACT REVOCABLE LICENSEAGREEMENT 1 U ce, �, i q - O,� 5.3 -rK r THIS AGREEMENT made and entered this 2021, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and Michael E. Massa & Doreen A. Massa whose address is 124 SE Soneto Court, Port Saint Lucie, FL 34983 ("Owners"). WHEREAS, the Owners own the property described as follows: River Park Unit 7 Block 69 Lot 4 according to the Plat thereof, as recorded in Parcel ID: 3419-550-0083-000-0 WHEREAS, the Owners have requested an "After the Fact" Revocable License Agreement to keep their 6' wood fence with gate at the present location within the 10' Drainage/Utility Easement along the rear of the property and within the 6' Drainage/Utility Easement on each side of the property. See attached Exhibit "A." WHEREAS, the County is willing to permit the Owners to encroach the Drainage/Utility Easements to keep their fence and gate, 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: 1. The County agrees to grant the Owners an "After the Fact" Revocable License Agreement for the purpose of keeping their 6' wood fence and gate in the present location within the Drainage/Utility Easements and maintaining the area around the fence and gate. This "After the Fact" II Revocable License Agreement shall extend only to the referenced 6' wood fence and gate and shall not extend to the construction and/or installation of any additional structures or utilities. 2. The sole purpose of this "After the Fact" Revocable License Agreement is to allow the Owners to keep their fence and gate and maintain the area around the fence and gate within the Drainage/Utility Easements. The Owners agree that if the County Engineer determines the fence and gate is causing problems or the fence and gate need to be removed or relocated the Owners will do so at the Owners sole expense. 3. Pursuant to the terms and conditions contained in this "After the Fact" Revocable License Agreement, the County authorizes the Owners to keep the fence and gate and maintain the area around the fence and gate at the present location identified in Exhibit "A". 4. This "After the Fact" 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 to terminate this Agreement with or without cause and require removal of the fence and gate at the Owners' sole expense upon ninety (90) days written notice to the Owner. The County Engineer may, in lieu of termination, request that the Owners perform certain alterations to the fence and gate or the location of the fence and gate, 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. 6. Upon the expiration 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 gate and restoring the easement and/or property as directed by the County Engineer, 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 gate, at any time and at no cost to the County, if necessary for the maintenance or improvements of the easement and or County property. 9. The fence and gate 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. 10. The Owners agree to allow County employees access to the location of the fence and gate for County purposes as determined by the County Engineer. 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 Owners: Michael E. Massa & Doreen A. Massa 124 SE Soneto Ct Port Saint Lucie, FL 34983 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 3 M 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 Owners' use of the property. 13. The Owners shall promptly pay to record this "After the Fact" Revocable License Agreement in the Official Records of St. Lucie County, Florida. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATT: ST. LUCIE COUNTY 'T O. �� BOARD OF COUNTY COMMISSIONERS :LBAK v CHAIR Nz APPROV AS TO FORM AND O COR Cb�kr►; FLOW" cOuNTY7Y Witness Michael E. Massa Print V ame `Mv-L4� Witness 1 sa 4D.,.. Mas Y'�l; c.� C,��s 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 -1t(nE 1�*",202-1 (date)by Mtrrhnpl and ]loran MOSS (name of person acknowledging), who is personally known to me or who has produced �- r ] \? rs L I CenS e. (type of identification) as Identification. [Notary Sea[] �ytr P Notary Pub0e State Of Florida Kayla Chidgey My Comrnisslon GG 914924 q Expires 1011312023 5 �Slgn.t iC ehfil � ame Printed