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Home My WebLink AboutMisc Letters JOSEPH E. SMITH, CLERK OF THE CIKUUIT C.'VUKT — sAIN .WWW18 ...WWMIi FILE # 4446490 OR BOOK 4144 PAGE 1102, Recorded 06/13/2018 10:21:09 AM } This instrument prepared by: Janet UCau 4. under the drecdonof Daniel S.Mdntyre,County Attorney 2300 Virginia Avenue Fort Pierce,FL 34982 REVOCABLE LICENSE AGREEMENT i This AGREEMENT,made and entered this 5 day o 207.8, by LO and between ST. GE COUNTY, a political subdivision of the Ste of Florida, ("County, and JOHN find ANDREA POLL whose address is 405 SE Gasparilla Ave,Port St. Lude, FL 34983 (the "Owner"). WHEREAS,the Owner owns the property described as follows: River Park-Unit 4,Block 34 Part of Lots 12 and 13 as recorded in Plat Book 11, Page 9,of the Public Records of St.Lude County,Florida Parcel I.D.3419-530.0089-000/0 WHEREAS,the Owner has requested a Revocable License Agreement for a 6ft wood fence along their property lines. There are drainage&utility easements that runs along the rear and sides of the property. Exhibit A. WHEREAS, the County is willing to permit the Owner to encroach in the rear 10 foot drainage/utility easement and the 6-foot side drainage/utility easement 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 in the County=s 10•foot rear drainage/utility easement and the 6-foot 1 UK /SOUK 4144 PAGE 1103 side drainage/utility easement. 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 drainage/utility easements. The ( Owner agrees that if thedetermine the fence is causing CountyEngineer neer gi problems or the fence needs to be removed or relocated the Owner will do so at the Owner=s sole expense. 3. Pursuant to the terms and conditions contained in thisreement the County ty authorizes the Owner to install the fence in the County=s drainage/utility easements. 4. The Owner shall maintain the easement along their fence in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fence shall not interfere with the use of the easements and any damage to the easements shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and f assignees of the Owner, provided that Owner give adequate notice to the County pursuant to Paragraph Twelve(12)of this Agreement. [1 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 encroachments at the Owner=s solense upon90 expe ninety ( ) days written notice to the Owner. The County Engineer may,in lieu of termination,request that the Owner perform certain alterations to the fence or the location of the fence,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. OR BOOK 4144 PAGE 1104 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 easements by the County. 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 Owner. Any maintenance or relocation activity will be subject to the written approval of the County. 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. Ali 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: John and Andrea Poll 405 SE Gasparilla Avenue Port St.Lucie,FL 34983 3 OR BOOK 4144 PAGE 1105 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, induding reasonable attorney's 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 Lloensee=s use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St.Lurie 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 _S/ 114-r 0/7 BOARD OF COU COMMISSIONERS / DEPUTY CLE'+ BY: 'Raiii. _Ai_...,Ktif ,z...e..edr,di CHAIRM N t#, , — 41 * K.) --' i %wry.T°* 4 • 1 OR BOOK 4144 PAGE 1106 t I f 1 I APPROVED AS TO FORM AND 1' CORRECTNESS: I. i— COUNTY ATTORNEY I., • 1 • L ess ./j1 no102 _ JOHN M.POU t 41 iicli 1- i ess 'Alio, I [ ANDREA caitA,zL.( _.:.4,4aa,..... .....m .L.......... R U V� i STATE OF FLORIDA COUNTY OF ST.LUCIE i. The foregoing instrument was acknowledged before me this 18+l. day of ICI 2028,by JOHN M.POU AND ANDREA R.POU who produced SGA L1cc(type of Identification)and who did take an oath. s iF WITNESS my hand and official seal,this 1834. day ofd 2018. 1 f 4,... -w,. .---k, E My commission expires: re of Notary Public t i c =Toms ,201 :ix ►irlw too t f VK tSVUA 4194 YAlLl: 11U/ (. • 6 BOLNDARY SURVEY Dile fr F,:.:J.:::-• 405 SE GASPARILLA AVENUE,PORT ST.LUCIE,FL 34983 oot \ LOTB / 10 /• f. BLOCK 34 • iC `,.. /J�/�Q ,OQ <>\\•".° / 20.0' .� 1. \ /<cO O� < U.EJD.E / $ \ (PLAT) o n N\ THE NORTH 72'OF I. ABKIIMEM SCA E MO' V 42 eo ',-/ \` \li_ LOT 13 I; ,g r!4'• \ \ ° BLOCK 34 (NDFIOSGWI� LOT 9 / �jj / y \ ` !'6'• (NOT INCLUDED) • BLOCK 34 � / / \ \ \00� L C!$.'/ • / \ \ \ , / / >\b`/ .•1 �o // � SPAN NY" \ \x\00 12.0 .� • ��/O�DO // '��0 POOL \q� �\AJ 4 �� // s� oy• /`� / ,,. \ \ / !y'9c 2' / / \ \ / F q\ // // ��7, Ito� THE NORTH e5 OF\� \� \\.</ / ;; /O �/ LOT 12 �\ �Q�`�OO / 1 ,, o N. BLOCK (INCLUDED) �� Yit��(Q,�gr ,� F \ RESIDENCE t. // \\ ` 1 $i , 4` •d /DRIVEWAY O) 4249. . / 12.0' V \ / Q f / U EJD.E.4 80 N\ / . (PLAT) b'• \ \ •e. / 00 \\ \\ ea'' ,01 /4, . LOT 11 THE SOUTH 5' ,AZ* �v i BLOCK 34 OF LOT 12 4 (NOTA �)/OCK 34 //��G\ ,� �yQQ' /LOCK ' /6' o4'� � /LOCK ° /CORNER 1 I / AT LOT 11 / BLOCK 34 a( may,. -ALL ANGLES AND DISTANCES SHOWN HEREON ARE BOTH RECORD AND MEASURED UNLESS OTHERWISE NOTED 5-IEE. :OF:3KF'I F aIR E; . ,- . .. - . • :%yam'\ ,, ExGEN PHONE:561.508.6272 THEOliei IIRt�j S BY" E�IENT FAX 561.508.6309 I- LB 8111 CI'` "0. N L . ,1/4( SURVEYING, LLC. '`, SN4•'28844 ' 5601 CORPORATE WAY,SUITE 103 WEST PALM BEACH,FL 33407 .ti°° f" EXHIBIT • 1 tv A, +. U.K /SLAM. 4144 YAW'S 1 1 U I I F BOUNDARY SURVEY 405 SE GASPARILLA AVENUE,PORT ST.LUCIE,FL 34983 A 911C \ LOT / 42- /� BLOCK/40 34/^� .6 ,Q, / 20.0' /p 04 U.EJD E f . \/ �Q` \ (FLAT) o /� \\ P THE NORTH 72'OF f-a ABLURIDIVOIMPH - 10 1p4�/ N \S LOT 13 F �2 TC \\ \�e. BLOCK 34 tc1:1nSGil9 LOTS / ; / \ N Vo (NOT INCLUDED) // BLOCK 34 c,// // \ \\ \\ / Q. // sic `SPIE �°`' \ \AOp 12.0' / tZ /DO °/ POOL . F\ \�'A c.U.EJD.E. /tseg32sp, / E 0+/"�• / \ . \.1 (PLAT) / .1.6.4)411 / 1. \// // ,� eti0 THE NORTH 85OF ` ,\043 \� 41•4 , / ) LOT 12 \ p p / /'��"� BLOCK 34 \_ tl J�+Q • /6•10.-2.. OS . OG \ \\ 2a, (INCLUDED) �� 'O��d <• ). 'cam\ / 1� / oo \ ,\ ty� �• /• ,��' ,� // \\ \`v 0 •e� •a //DRIVEWAY qd' 0` I. / 12.0' V\ \ c / U.EJD.E.4 Ire, \ \\ ?js / ' (PLAT) \ / `L \ \ .. �' d� oo ,`O ZP J \\ r� SP LOT 11 211E SOUTH S \ �p �, ' 1 BLOCK 34 OF LOT 12 �� PQ' (��INCK 34CLUD )/ „OOG�\ �S �, / y sy64 / a / Roo 00 � .l,OCK ?s h• •66 fs / CORNER ,`Q1 / ATLOTI1 // / BLOCK 34 / Or -ALL ANGLES AND DISTANCES SHOWN HEREON ARE BOTH RECORD AND MEASURED UNLESS OTHERWISE NOTED G :, == : j' / ,\, PHONE:561.508.6272_.._�d F., i FAX 561.508.6309 AUMBY +' LB 8111 CS�• L - SURVEYING LLCtIIA' 5� jfI. . i 5601 CORPORATE WAY,SUITE 103 WEST PALM BEACH,FL 33407 •r,QNaermtlt,w `f^ 1 .c:aov°41 j . EXHIBIT 1 " A" • t 1