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Home My WebLink AboutRevocable License Agreement JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE 4 40426.98 02124/2015 at 10-42 AM ORBOOK 3719 PAGE 416-420 Doc Type;AGR This instrument prepared by: RECORDING: $44.00 . Janet . LiCausi under the direction of RECEIVED APR 3 0 2015 Daniel S.McIntyre,County Attorney 2300 Virginia Avenue Fort Pierce,FL 34982 FILE 41.11UPT "AFTER THE FACT"REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of_, A_u 2015, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and JAMES and ROBBIE HOOPER whose address 331 Smallwood Avenue, FL 34982-7341(the "Owners"). WHEREAS,the Owners owns the property described as follows: - Ruhlman S/D Blk F according to the Plat thereof, as recorded in Plat Book 9, Page 55, of the Public Records of St. Lucie County, Florida WHEREAS,the Owners have requested an Afterthe Fact Revocable License Agreementfor a cross- tie wood fence on Wallace Street to the Canal right-of-way and a barb wire fence on GopherAvenue along the rear of their property. Exhibit A. WHEREAS, the County is willing to permit the Owners to encroach on Wallace Street and the unopened Gopher Avenue for the purpose of a fence subject to the terms and conditions set forth in this After the Fact 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 an After the Fact Revocable License Agreement for a cross-tie fence on Wallace Street and a barb wire fence in Gopher Avenue. This After the Fact Revocable License shall not extend to the construction and/or-insta 110tion of any additional structures or utilities. 2. The sole purpose of this After the Fact Revocable License Agreement is to grant the Owners permission to install and maintain thefences in the County's rights-of-way. The Owners agree that if the County Engineer determines the fences are causing problems or the fences need 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 fences in the County's rights-of-way. 4. The Owners shall maintain the rights-of-way along their fences in accordance with Standard Specifications for Public Works Construction in St. Lucie County, Florida. The fences shall not interferewiththe use of the rights-of-way or Canal and any damage shall be repaired by Owners. S. This After the Fact Revocable License Agreement shall be binding on future successors and assignees of the Owners, provided that Owners 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 fences at the Owner's sole expense upon ninety(90) days written notice to the Owners. The County Engineer may, in lieu of termination, request that the Owners perform certain alterations to the fences or the location of the fences, 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 fences, the expiration of this After the Fact Revocable License Agreement, or the revocation of this After the Fact Revocable License-Agreement, whichever occurs first,the Owners shall be responsible for the removal of the fences and repair of the right-of-way, if necessary. 8. The term of this After the Fact 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. Owners agree to relocate the referenced fences,at any time and at no cost to the County, if necessary for the maintenance or improvements of right-of-way by the County Engineer. 2 Y 10. The fences shall be 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 agrees to allow County employees access to the location of the fences 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: 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: James and Robbie Hooper 331 Smallwood Avenue 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 After the Fact Revocable License Agreement the Owners 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 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, 3 / . ~ patrons, or invitees, or resulting ininjury topersons orproperty, orloss of life or property ofany kind or nature whatsoever,sustained during Licensee's use of the property. 14. The Owners shall promptly record this After the Fact Revocable License Agreement in the Official Records ofSt.Lucie County,Florida. The Owners shall pay any document excise taxes and the cost ofrecording this After the Fact Revocable License Agreement. IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year above first xvnzren. ATTES ST.LUC|ECOUNTY BOARD OF COUNTY COMMISSIONERS BY: ma CHAIRAPPROVED ASTOFORM AND C��JAMES c. nwwrcn Witness for forboth RO8BUEL HOO9ER ' ~~� STATE OF FLORIDA COUNTY OFST. LUC1E The foregoing instrument was acknowledged before—_this-_-__day- _-' -y JAMES HOOPER^ who produced ofidentification)and who did take anoath. WITNESS rnyhand and official seal,this ay 2015. 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