17-2937 Right of Way Permit Agmnt btwn Casselberry and Keith McWilliams - 395 Orange Lane

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WHEREAS, written authorization and lawful authority is required for any private use of public lands, and Owner has requested authorization from City to utilize and improve the right-of- way by installing and maintaining certain landscaping, lighting, signage and other improvements for the Owner's benefit and for the benefit of the general public; and WHEREAS, City requires that Owner be solely responsible for the fulfillment of certain commitments and covenants to assure the perpetual and continuous maintenance of any such Improvement(s), which commitments and covenants are more particularly set forth herein. NOW, THEREFORE, in consideration of the foregoing and of the terms and conditions set forth herein, the parties agree as follows: 1. RECITALS. The foregoing recitals are true and correct and form a material part of this Agreement. 2. REVOCABLE RIGHT-OF-WAY UTILIZATION PERMIT. City shall issue the Permit to Owner subject to the terms of this Agreement. Owner shall not, while installing or maintaining the Improvement(s), damage or disturb any portion of the Dedicated Areas without prior written approval by City and City's prior written approval of a plan to restore the Dedicated Areas. Nothing contained herein or by virtue of the issuance of the Permit shall give or grant the Owner any ownership rights to any portion of the Dedicated Areas. This is a non-exclusive revocable Permit. 3. IMPROVEMENTS. (a) Any improvement(s) that, in City's sole opinion, may impede the functional operation of planned, proposed, or existing public infrastructure shall not be permitted under this Agreement. The Improvement(s) shall be established and maintained in such a manner as will not interfere with the use of the Dedicated Areas by the public nor create a safety hazard on such Dedicated Areas. If City Use Agreement 2017 395 Orange Lane —Keith McWilliams Page 2 of 12