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Home My WebLink AboutREVOCABLE LICENSE AGREEMENT a FILE # 4922434 OR BOOK 4683 PAGE 778, Recorded'09/13/2021 01:49:28 PM Th6 inmment prepared hyr. Kayla UIdBN under the dheteten of Daniel S.McIntyre,County Attorney 2300 Yeginta Avenue Fort Plerce,FL34982 i REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this 1"" day of LSeaEembe e-7 2021,by and between ST.LUCIE COUNTY,a political subdivision of the State of Florida,("County")and Omar K Bryan and Nateshia Rattray-Pizarro whose address is, 119 NE Estia Ln, Port Saint Lucie, FL 34983(the"Owners"). WHEREAS,the Owners own the property described as follows: River Park-Unit 5,Block 44,Lot 11-119 NE Estia Lane Parcel ID:3419-540-0049-000-9 WHEREAS, the Owners have requested a Revocable License Agreement to install a 6' chain link fence with gates and a 4' vinyl fence along the sides of their property within the County's 6'Drainage/Utility Easement and a 6'chain-link fence along the rear of their property within the County's 10'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 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 1 J ` as LA r,r 3 E0. 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 Owners'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 Owners 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. S. 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 Owners' 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 fences or gates or the.location of the fences or gates,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 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. Owners agree 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 2 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: With Copies to: County Engineer County Attorney Engineering Division 2300 Virginia Avenue,3rd Floor 2300 Virginia Avenue,2nd Floor Fort Pierce,FL 34982 Fort Pierce,FL 34982 As to Owner: Omar K Bryan Nateshia Rattray-Pizarro 119 NE Estia LN Port Saint Lucie,FL 34983 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. 1 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 actions,including reasonable attorneys fees of any kind or nature.arising or in anyway 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 Owners 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 �ln BOARD OF COUNTY COMMISSIONERS DEPUTY CLERK J qY COM S t� �!j BY: GO �� CHAIR * Z cOGNTy p�pt�°r APPROVED AS TO FORM AND CORRECTNESS: COUNTY 0 NEY 4 1 �lJ( f' o-✓I 11 r U 9Y7 ?Zvd f D'7 Omar K Bryan PRINT NAME n ��,ry pan n'r Prr.4�.r`rc� itness i O oor-n n i Pux��_ Nateshia Rattray-Pizarro 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 V (date)by Omar K Bryan and Nateshia Rattray-Pizarro (name of person acknowledging), who is personally known to me or who has produced '2BYSo1%4AW tm'mar% (type of identification)as identification. [Notary Seal] Notary Signature �XAI W covrad O .••^-. Namil Printed EMfLY fo EVE CORRADO NolaryPuhlic-SL9ndFlwida F.3 Cortunisainn p GG 169369 t;M Comm.E s Dse 19.2021 Yon1eJ Waugh Na6anaiNaaryAssn 5