Blk 139 Okee_FUMC_Alley_Agreement1 11111111111111 111 HMI 11I111II11111111I1111I111IIIi 1111
SHARON ROBBRTSON CLERK Z_'._ f:G._.1....
OKEECHOBEE COUNTY? F4_.
RECORDED 02/08n006 01'.:46 :111 P1"1
RFCHRDING FEES 27„is11
RECORDED BY h` F'i'.r;' 1 s l
LICENSE AGREEMENT
Use of Alley
THIS AGREEMENT, BY AND BETWEEN THE CITY OF OKEECHOBEE,
FLORIDA, a Florida Municipal corporation (hereinafter "CITY "), and FIRST UNITED
METHODIST CHURCH, (hereinafter "OWNER(S) "), dated this %yfi day ofL4 i tue24 1,
, 2006.
WHEREAS, OWNER (S) hold fee simple title to the following described real property
in Okeechobee County, Florida, to wit:
Lot 1 through 12 of Block 139, CITY OF OKEECHOBEE, according to the
Plat thereof recorded in Plat Book 5, Page 5, public records of
Okeechobee County, Florida; and
WHEREAS, City owns the following alleyway:
That 15 foot wide alleyway running East to West and located between
Lots 1 through 6 and 7 through 12 of Block 139, CITY OF
OKEECHOBEE, according to the Plat thereof recorded in Plat Book 5,
Page 5, public records of Okeechobee County, Florida; and
WHEREAS, OWNER (S) wish to use, maintain, and make improvements to the
following portion of the above described alleyway, owned by the City:
The portion of the alleyway that runs East to West between Lots 1
through 3 and Lots 10 through 12 of Block 139, CITY OF OKEECHOBEE,
according to the Plat thereof recorded in Plat Book 5, Page 5, public
records of Okeechobee County, Florida; and
WHEREAS, the OWNER(S) desire to make certain improvements in the form of
sidewalks, walkways, landscaping and maintaining the alleyway adjoining between the Lots
1 through 3 and 10 through 12 in said Block 139, which is an open, unimproved alleyway,
owned by the CITY.
NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth herein, the parties agree as follows:
1. The CITY hereby grants this revocable license for use of the alleyway with
the understanding the OWNER(S) will maintain the alleyway and should it
ever become necessary to remove any sidewalk, walkway, pavement,
landscaping or any improvement thereon, in order to allow either the
installation, or maintenance of water, sewer, or other utility lines or any other
type of installation or construction, or for any other reason chosen by the
CITY, the sidewalk, walkway, pavement, landscaping or any improvement
thereon, will be removed by the OWNER(S) or their agents and /or assigns
at the OWNER(S) expense within seven days of receipt of written request by
the CITY for such removal. Should the CITY, for valid reasons, require the
removal of the sidewalk, walkway, pavement, landscaping or any
improvements thereon less than seven days notice, the OWNER agrees to
exercise reasonable efforts to comply with such requests.
Page 1 of 3
OR BK 000590 PG 0799
2. OWNER(S) agree to contact their insurance company and require a rider be
added to their insurance policy with a certificate furnished to the CITY
showing the portion of the alleyway as herein described, to be used by
them, insures the CITY against any liability arising out of alleged injuries or
other activities which may occur within the alleyway. In any event,
OWNER(S) agree and shall hold the CITY harmless for any and all action,
suit, claim, injury or cause of action of any nature arising out of owner's
permissive use, and indemnify CITY for such, including costs and attorney
fees.
3. That OWNER(S) shall not, by such improvements made to that described
alleyway, obstruct, close or otherwise restrict access to the alleyway for
travel thereon by the CITY or the general public.
4. That the OWNER(S) agree that this license is non - assignable without the
express written consent of the CITY; and if transferred, the covenants herein
shall bind themselves, their heirs and assigns, and said covenants shall run
with the land.
5. The City Clerk shall cause this agreement to be recorded in the public
records of Okeechobee County, Florida.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the
aforesaid date.
Signed, sealed and delivered in presence of:
\ —
Print Name of Witness: 'Kat(tnrz coop
Address of Witness: D,clo ∎ NE 1 t" lank
oKeechoDee Fc 34(3--
r r-
6
Prinf~ Name of Witness:' Wt% c. '-
Address of Witness:
STATE OF FLORIDA
COUNTY OF OKPee/ oboe
Susan Clemons
The foregoing instrument was acknowledged before me this es day of
-Ta vl ua ry , 20 04, by Susan Clemons, who signed in the presence of these
witnesses; and who produced FL Cori tIer:) I ;`Cerise as identification or is personally
known.
'1#,/.4,4:21) Notary Pub Signature
ivid i°x2 M. Ecdd , r ' s
Name of Notary typed, printedor stamped)
Commission No. DD 4.0.35
Page 2 of 3
MELISA M. EDDINOS
;,. •� :A. MY COMMISSION # DD 403572
• EXPIRES: March 7, 2009
bonded Thru Notary Put* Unden niters
Accepted for the City:
OR B k 0059n PG 0800
(city seal)
Donnie Robertson, Public Works Director
Reviewed for Leg • I S
s
iciency:
John R. Cook, City Attorney
Page 3 of 3
La Gamiotea, City Clerk
CITY OF OKEECHOBEE, FLORIDA
N2 18187 55 S.E. 3rd Avenue, Okeechobee, FL 34972.2932
(863) 763.3372
RECEIVED from
(1,Q
Agri')
CY,
Dollars
$ OD 0,k.* 11/1"