VII(G) Transfer of Deed to City With Reverter Clause on 7th Avenue Agenda 7-16-2002
Item VII G
TEMPORARY ROAD ACCESS AGREEMENT
This TEMPORARY ROAD ACCESS AGREEMENT (the "Agreement") is made as
of the day of July, 2002, by and between the DEVWORTH PROPERTIES, INC., a
Florida corporation with its principal offices at 7630 Torino Court, Orlando, Florida 32835
(hereinafter referred to as "Owner"), and the CITY OF OCOEE, a municipal corporation and
political subdivision of the State of Florida whose address is 150 N. Lakeshore Drive, Ocoee,
Florida 34761 (the "City").
WITNESSETH:
WHEREAS, Owner is the current owner of certain real property, as described more
particularly in Exhibit "A" attached hereto and incorporated herein (the "Property"), located
near the intersection of Maguire Road and Moore Road in the City of Ocoee, Orange County,
Florida; and
WHEREAS, the City requests that the Owner remove any barricades and to open that
certain portion of 7th Avenue lying within the Property and more particularly described in
Exhibit "B" attached hereto and incorporated herein (the "Road Property");
NOW, THEREFORE, for and in consideration of the promises and mutual covenants
and conditions contained herein, Owner and the City agree as follows:
1. Recitals. The above recitals are true and correct, form a material part of
this Easement and are incorporated herein by reference.
2. Public Use of Road Property. Owner agrees to remove all barricades
blocking access to the Road Property and to allow the Road Property to be temporarily utilized
by the public as a roadway.
3. Purpose. This Agreement is being entered into by the parties to provide the
public with vehicular and pedestrian access across the Road Property and to create a
connecting roadway from Moore Road on the north to 6th Street on the South utilizing 7th
Avenue and the Road Property. This Agreement is temporary and nothing herein shall be
construed to act as a dedication of the Road Property to the public for any purpose.
4. Maintenance of the Road Property. Owner agrees to allow access to the
Road Property so long as this Agreement is in full force and effect to enable the City and/or
Orange County to maintain the Road Property as a dirt road.
5. Indemnification. To the extent permitted by law, the City agrees to
indemnify and hold harmless the Grantor from and against any and all claims, actions, causes
of action, loss, damage, injury, liability, cost or expense, including without limitation
attorneys' fees and paralegal fees (whether incurred before, during or after trial, or upon any
appellate level) (collectively, "Claims"), arising from the public's use of the Road Property or
006.262155.1 -1-
from the exercise by the City of any rights granted by this Agreement. The provisions of this
paragraph shall survive the termination of this Agreement with respect to any such claims
arising prior to the date of such termination. The foregoing indemnity is granted in
consideration for Owner's execution of this Agreement.
6. Amendment. This Agreement may be amended or modified at any time
only by an agreement in writing mutually agreed to, executed and acknowledged by Owner
and the City.
7. Further Assurances. Each of the parties hereto covenant and agree to
execute and deliver such other instruments and documents, and do all matters and things,
which may be reasonable and necessary, to carry out the intentions of this Agreement.
8. Termination. This Agreement shall be temporary and shall terminate upon
the earlier of (i) thirty (30) days written notice of termination by either party; (ii) conveyance
of the Road Property to the City; or (iii) the dedication of the Road Property to the Public.
9. Applicable Law. This Agreement shall be construed and governed in
accordance with the laws of the State of Florida.
[Signatures on the following pages]
-2-
006.262155.1
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date set forth above.
ATTEST: CITY OF OCOEE, FLORIDA
By:
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING
APPROVED AS TO FORM AND HELD ON , 2002
LEGALITY THIS DAY OF UNDER AGENDA ITEM NO.
, 2002.
FOLEY & LARDNER
By:
City Attorney
DEVWORTH PROPERTIES, INC., a
Florida corporation
By:
Name:
Title:
Executed on:
006.262155.1 -3-