HomeMy WebLinkAboutRecorded License Agreement - 5415 Fort Pierce Blvd - HippsMICHELLE R. MILLER, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY
FILE # 5022999 OR BOOK 4806 PAGE 2198, Recorded 04/12/2022 12:15:34 PM
This document prepared without the benefit
oftitle by Kayla Chidgey,
under the direction of
Daniel S. Mclntym. County Attorney
2300 Virginia Avenue
Fort Pierce, FL 34982
REVOCABLE LICENSE AGREEMENT
THIS AGREEMENT, made and entered this 5 day of 2022, by and
between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and Elgin
Hipps and Leigh A_ Hipps whose address is, 5415 Fort Pierce Blvd, Fort Pierce, FL 34951 (the
"Owners").
WHEREAS, the Owners own the property described as follows:
Lakewood Park - Unit 4, Block.29, Lots 16,17 & 18 --5415 Fort Pierce Blvd
Parcel I D : 1301-604-0058-000-2
WHEREAS, the Owners have requested a Revocable License Agreement to install a 3.5'
wood fence with a 10" decorative metal topper along the west side of the property, within the
County's 10' Drainage-ILU" .Easement -pet, the Declaration of Restrictive Covenants recorded
in Plat Book 11 Page 2. The fence location is depicted in Exhibit A.
WHEREAS, the County is wilting to permit tree Owners to encroach in the County's
easements for the purpose of installing the 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 Owners a Revocable License Agreement for the
fence which will encroachwithin the County's Drainage/Utility Easements. This Revocable
License shall extend only to the referenced fence and shall not extend to the construction
and/or installation off 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 in the County's -easements. The Owners agree that
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if the County Engineer determines the fence is causing flooding, drainage problems or for other
needs in the area the fence 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 fence in the County's easements. The Owners 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 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 Owners.
5. This Revocable License Agreement shall be binding on future successors and
assignees of the Owners, provided that the Owners give adequate notice to the County
pursuant to Paragraph Twelve (121 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 Owners' sole expense upon ninety (90) days written notice to the Owners. The County
Engineer, in lieu of termination, may request that the Owners 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
Owners shall be responsible fur the rernau-al of the fence and repair of the easements, if
necessary.
9. The terra 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. Ovrmers agree to relocate the referenced fencer at anytime and at no cost to the
County, if necessary, for the maintenance or improvements of the easements by the County or
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OR BOOK 4806 PAGE 2200
Utilities Dept. 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
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 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, telecornmunicated, 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:
Elgin Hipps
Leigh A Hipps
5415 Fort Pierce Blvd
Fort Pierce, FL 34951
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
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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 Licensees' 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 Agreemerrt.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
above first written.
ATTEST:
DEPUTY CLERK
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APPROVED AS TO FORM AND
CORRECTNESS:
OR BOOK 4806 PAGE 2202
Witness
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The foregoing instrument was acknowledged before me by means of [iphysical presence or [ ]
online notarization, this . i (date)by Elgin Hipps & Leigh A Hipps, who is personally
Known to me or who has produced (type of
identification) as identification.
[Notary Seal] Notary Anature
AllDi2EY S. HUMPHREY -4491veel- Z
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F�(PIRES:pb�Undeiwiilsrs Name P inted
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OR BOOK 4806 PAGE 2203
EXHIBIT
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