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Home My WebLink AboutREVOCABLE LICENSE AGREEMENTSCANNED BY St. Lucie County JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT This Instrument prepared by: SAINT LUCIE COUNTY FILE# 434026808/14201709:36:44 AM Janet LiCausl OR BOOK 4030 PAGE 26M -2643 Dec Type: AGR under the direction of RECORDING: $52.50 Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made and entered this J_ day of 2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and ORANGE AVENUE BAPTIST CHURCH, whose address is 100 Cyclone Drive, Fort Pierce, FL. 34945 (Orange Avenue Baptist Church). WHEREAS, Orange Avenue Baptist Church has a monument sign on their property. Orange Avenue Baptist Church has to give 30ft of right of way on Orange Avenue per site plan approval. After the right-of-way donation of 30-ft the sign will now be In the County right-of- way of Orange Ave. Also, there is a request on this Revocable License Agreement is to keep one of the parking spaces that will now be in right-of-way because of the donation of 30ft on Orange Avenue. WHEREAS, Orange Avenue Baptist Church has requested that they be allowed to keep their sign, as shown on attached Exhibit "A". WHEREAS, the County has agreed to allow the sign in the County's right-of-way, 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 Orange Avenue Baptist Church a Revocable License 1 Agreement for the purpose of keeping and maintaining a sign in the County's right-of-way along Orange Avenue Baptist Church property frontage. In accordance with LDC 9.02.01.D.6, Orange Avenue Baptist Church landscape a minimum distance of three (3) feet in all directions around the sign. Orange Avenue Baptist Church will maintain, weed, mow, around the sign, subject to the terms and conditions set forth in this Revocable License Agreement. This license shall extend only to the sign and the one parking stall 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 allow Orange Avenue Baptist Church to keep their sign and one parking stall identified in Exhibit "A". 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes Orange Avenue Baptist Church to keep their sign and parking stall in this location as identified in Exhibit "A". 4. Orange Avenue Baptist Church shall keep and maintain the sign and parking stall in accordance with the Standard Specifications for Public Works Construction in St. Lucie County, Florida and FOOT Standards 5. This Revocable License Agreement shall be binding on future successors and assignees of the Orange Avenue Baptist Church provided Orange Avenue Baptist Church gives adequate notice to the County pursuant to Paragraph Eleven (11) of this Agreement. 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 encroachment at Orange Avenue Baptist Church's sole expense upon ninety (90) 2 days written notice to Orange Avenue Baptist Church. The County Engineer or Road and Bridge Manager may, in lieu of termination, request Orange Avenue Baptist Church perform certain alterations at Orange Avenue Baptist Church'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. 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. 8. Orange Avenue Baptist Church agrees to relocate the referenced encroachments, at any time and at no cost to the County, if necessary for the maintenance or improvements of Orange Avenue. 9. The sign and parking stall in the County's right-of-way has been constructed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of Orange Avenue Baptist Church. Any maintenance activity will be subject to the written approval of the County Engineer and/or Road and Bridge Department. 10. Orange Avenue Baptist Church agrees to allow County employees access to the location of the encroachments for County purposes as determined by the County Engineer and/or the Road and Bridge Department. 11. 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: 3 As to County: County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 As to Owner: Orange Avenue Baptist Church 100 Cyclone Drive Fort Pierce, FL 34945 With Copies to: County Engineer Engineering Division 2300 Virginia Avenue, 2nd 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. 12. As consideration for the County granting this Revocable License Agreement, Orange Avenue Baptist Church 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 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 Orange Avenue Baptist Church use of the property. 13. The County shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. Orange Avenue Baptist Church shall pay any document excise taxes and the cost of recording this Revocable License Agreement. 4 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: WITNESS'/ STATE OF FLORIDA ST. WCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: d COUNTY ATTORNEY ORANGE AVENUE BAPTIST CHURCH COUNTY OF Sk -k -t The foregoing instrument was acknowledged before me this day of -- 2017, bv,(1��A�t(i 1 [J�1aQL sof Orange Avenue Baptist Church and produced a C t %VS 1 1 K (type of Identification) and who did take an oath. WITNESS my hand and official seal, this 3—day of )urC &� A.D., 2017. My Commission Expires: kV *99 Signature of Notary Public RIM=21 O ` D . 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