HomeMy WebLinkAboutRevocable License AgreementREVOCABLE LICENSE AGREEMENT/ GENERAL RELEASE
Property Address: 1 599 CARAVAN TER SEBASTIAN, FL 32959
Partial I.O. 3130240)Q01289000001.0
Legal Description: Lot 1, Black 288, SEBASTIAN HIGHLANDS Unit 10, a subdivision according to the plat
thereof as recorded in Plat Book 6, Page 37,37A — 370. Public Records of Indian River
Candy. Florida
THIS REVOCABLE LICENSE AND GENERAL RELEASE is hereby executed this 1.5 day of
Mev 2019, by DAVID M. SMITH, a single man, who is the fee simple owner of the property described herein.
in consideration of the promises and representations made by the CITY OF SEBASTIAN as set forth herein.
1. SMITH grants to CITY the right to enter upon the exterior portions of the real property described
herein for the purpose of installing repairing and reinforcing the Swale area along the front and side yards of the
property. This consent does not extend to the interim of the residence. the garage or any enclosed pad of the home.
2. CITY shall use Its discretion in repairing and reinforcing the swale which may include, but k not
limned to, use of sewer (ape, quarter -round, fill din, or other pervious material in order to build-up the yard and
prevent further deterioration of the yard or Swale. CITY will not be responsible Ior landscaping or replacing any
grass, bees, shn.Au, anther fo0age.
3. In Ne evert any permits as resided (a the meas made pursuant to this license, SMITH shag
obtain the permits (as the pmpedy owner) in a gmely fashion.
4. CITY wig not be responsible for repairing or doing any work an the pipe beneath SMITH's
driveway. CITY will also not be resporus.ble for doing any work on the drainage aAver along the northwest border of
SMITH's real property.
This license shall cease to be enforceable upon conclusion of the work on the yard and Swale.
6. In exchange (a the CITY's agreement to conducl the work on the yard and Swale as set forth
hereln, and rdmMed Nal work„Fpda rned by the ciy� camoGps with all gry�kable 4 c�,ye� acrd reoa�jg0s pr effect
at the time of said wank. SMITH agrees (o RELEASE and HOLD HAHAiLESS (he CITY (a any a aY damage,
known or unknowri, which may have previously, may now, or may in the future east to Si real pmpeny,
including his residence, width may be aleged as being caused by the deterioration of the Swale a the repairs thereto
made pursuanl to this agreement. Ths provision Shag Survve revoralen or contusion of the kcense agreement
contained herein
7. SMITH acknowledges and agrees that upon completion of the work performed pursuant to this-^`-'" k limn
license agreement, that the r sponsibil ly of continued ma--nlenancer and upkeep of the swdle area, drainage pipe,
yard and iandscaping, shag be solely that of SMITH or any successor property owner, except to the extent the CITY
performs such work for the neighborhood at large
LA..
r3 ewwnt 31.11 /wt 6c fecd�d Qwd rH.
B. GOVERNING LAW. This Agreement and the performance them shall be governed by Florida
River County, unless a federal claim is asserted against the Cdy of Sebast an in its governmental capacity end the
REVOCABLE LICENSE AGREEMENT I GENERAL RELEASE
ata CARAVAN TERR, SEBASTIAN
Page 2 of 2
City ctoses to remove the maser to federal mud. The parties expressly wave any and al! rights to trial by jury of any
matter related in any way to gds Agreement.
6. INDEMNIFICATION & SOVEREIGN IMMUNITY. PROPERTY OWNER agrees to defend and
indemnify CITY for my Ill legal action, or judgment arising from performance under this Agreement for any
action, whethernegfgent, reckless or Intentional, committed by PROPERTY OWNER, or any other person. Nothing
Is this Agreement shall be construed to affect in my way CII Y's sovereign orother governmental immunity as set
tact in Florida Statute 768.28, orotherwise provided by law.
9. NOTICES. All notices hereunder must be in writing and shall be deemed valldly given if sent by
cedified mal, realm receipt request addressed to the owner of record as reflected In the official records of the
Property Appraiser of Indian River County, Florida, at the time such notice is delivered.
10. ENTIRE AGREEMENT. It is agreed and understood that this Agreement contains all agreements„
promises and understandings between PROPERTY OWNER and CITY, and that no verbal or oral agreements,
promises a understandings shall be binding upon either Party in any dispute, controversy or proceeding at law, and
any addition. variation a modification to this Agreement shall be vdtl and ineffective unless made In writing and
signed by the parties.
IT IS SO AGREED:
For PROPERTY OMINER: For CRY OF SMN: �/
Da d M. ,Owner PaW/E hale, Clip Manages- y = -- -_-
Dated: , 1MgyZ�) Dared 5 %5-1, IF
alta Name: �iG�a riT L S'fe�.S ATTES�'j /./- WAC
J & MWAC
'i eannette Williams, MMC
City Clerk
Approved s to Form and Legality [or Reliance
byline Cllyof nBy: io es, BCS
C ly Attorney