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HomeMy WebLinkAboutLICENSE AGREEMENTJOSEPH E. SMITH, CLEF` ---,OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 4580852 OR B 42B2 PAGE 2899, Recorded, /13/2019 11:53:23 AM This instrument PrWred by: Janet ucausi under the direction of Daniel S. McIntyre, County Attorney 2300Uuginia Avenue Fort Pierce, FL 34982 SCANNED BY REVOCABLE LICENSE AGREEMENT St. Lucie County THIS AGREEMENT, made and entered this �_ day of 2019, by and between ST. LUCIE COUNTY. a political subdivision of the State of rida, ("County") and RUTH C. ROUDEBUSH whose address is 109 SE Placita Court, Port St. Lucie, FL 34983 (the "Owner"). WHEREAS, the Owner owns the property described as follows: Lot 21, Block 71, River Park Unit 7, according to the Plat thereof, as recorded in Plat Book 12, Page 41, of the Public Records of St. Lucie County, Florida WHEREAS, the Owner requested a Revocable License Agreement for a wood board on board fence as shown on Exhibit A. There is drainage & utility easement located along the west property line of the subject parcel. WHEREAS, the County is willing to permit the Owner to encroach in the 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 a wood board on board fence which will encroach in the drainage/utility easement. This Revocable License shall extend only to the referenced wood 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 drainage/utility easement. The Owner agree that if the County 1 OR BOOK 4282 PAGE ,`�00 Engineer determine the fence is causing 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 this Agreement, the County authorizes the Owner to install a board on board fence in the drainage/utility easement. 4. The Owner shall maintain the easement along her 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 easement and any damage to the easement shall be repaired by Owner. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner, provided that Owner give adequate notice to the County pursuant to Paragraph Twelve (12) 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 Owner's sole expense upon ninety (90) 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. 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 easement, 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 easement by the County. UK JiUUA 9LFiL PRIU15 zVU1 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 Engineer. 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. 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 Owner: Ruth C. Roudebush 109 SE Placita CT Port St. 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. 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, 3 OR BOOK 42U2 PAWS 2:fU2 including reasonable attorney's 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. 4 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: Ux nUUa gztsz rtiva co�.3 rRUTH C. RAUDEBUSH STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before methis 14�I dayof�2019, by RUTH C. RAUDEBUSH who produced � Jew oyum,ae (type of identification) and who did /do not take an oath. WITNESS my hand and official seal, this i k day of--Ak 41 2019. CommMWIGG954939 (�'Ly Fspires Ueceinher t3wM (Stamp) C M MrMTgjMM%3 �alOD�6F7010 i nature of Notary Publi