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Home My WebLink AboutREVOCABLE LICENSE AGREEMENTSEPH E. SMITH, CLERK OF 9-1 CIRCUIT COURT — SAINT LUCIy--^OUNTY LE # 4427914 OR BOOK 412?__� PAGE.726, Recorded 04/25/2' J."I 08:35:43 AM .> This instrument prepared by: Janet LiCausi ' under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this _V"L day of 2018, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and DERRICK and YVONNE BAILEY, whose address is 2203 North 515, Street, Fort Pierce, FL 34946 (the 'Owner"). WHEREAS, the Owner owns the property described as follows: Harmony Heights Addition, Block M, Lots 8, 9, and 10, Plat Book 8, Page 38 of the Public Records of St. Lucie County, Florida. WHEREAS, the Owner has requested a Revocable License Agreement to keep the columns at the front of their property. The north column on the north driveway encroaches 3- 3/8", the south column of the north driveway encroaches 4-7/8", the north column of the south driveway encroaches 6", the south column of the south driveway encroaches 5" in the right-of- way of North 51n Street. (See Exhibit A) WHEREAS, the County is willing to permit the Owner to encroach in the County's right- of-way of North 5V Street to keep their columns 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 columns which will encroach within the County's right-of-way. This Revocable License Agreement shall extend only to the referenced three columns and shall not extend to the construction and/or installation of any additional structures or utilities. i BOOK 4124- PAGE 727 2. The sole purpose of this Revocable License Agreement is to grant the Owner permission to keep and maintain the columns in the County's right-of-way. The owner agrees that if the County Engineer, Road and Bridge Division or any utilities determine the columns are causing any problems or the right-of-way is needed the columns will need 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 this Agreement, the County authorizes the Owner to keep the columns in the County's right-of-way. 4. The Owner shall maintain the right-of-way along the columns in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The columns shall not interfere with County use of the right-of-way and any damage to the County right-of- way shall be repaired by Owner. S. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner gives adequate notice to .the County pursuant to Paragraph Twelve (12) of this Agreement i 6. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole. expense upon ninety (90) days written notice to the Owner. The County. Engineer or Road and Bridge Manager may, in lieu of termination, request that the Owner perform certain alterations to the columns or the location of the columns, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the columns, 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 columns and repair of the right-of-way, if necessary. 2 BOOK 4124 PAGE 728 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 relocite the referenced columns, at any time and at no cost to the County, if necessary for the maintenance or improvements of, the right-of-way by the County. 10. The columns 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 Engineer. 11. The Owner agrees to allow County employees access to the' location of the columns for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this License shall lie 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 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort.Pierce, FL 34982 As to Owner: Mr. and Mrs. Bailey 2203 North. 51S15treet Fort Pierce, FL 34946 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. 3 0 I BOOK 4124 PAGE 729 -� 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, 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 Owner shall promptly 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: 4 " ST. LUCIE COUNTY BOARD OF COUNTY'COMMISSION ERS B. AIR APPROVED AS TO FORM AND CORRECTNESS: BOOK 4124 PAGE 730 WITNESS: r DERRICK BAILEY 'AbNNE BAILEY *tness STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this ! 8"'� day of 2018, by Derrick and Yvonne Bailey who produced (";y" °L �L`" - (type of identification) and who did/did not take an oath. WITNESS my hand and official seal, this My commission expires: day of 2018. 1A gj:�'J' --� au-'- gnature of Notary Publ' r JOANN M. RILEY Commission S GG 054939 +An's.0 ,�'Expires December 13, 2020 8wW Thm Tmy Fain 1nvm a 900-95-7019 5