BUILDING DEPARTMENT
104 North Riverside Drive
RIGHT OF WAY RELEASE/HOLD HARMLESS
Edgewater, Florida 32132
AGREEMENT
Phone: (386) 424-2400 X 1514 FAX: (386) 424-2423
I (we), (owner), in
allowance to use alternative materials or construction finishes (most commonly known as pavers) within City of Edgewater
right of way to enhance the accepted standard materials per Land Development Code 21-52.02, submit and agree to the
following conditions as owner of the above-described property:
• The City of Edgewater and any other users of the right of way are hereby released from the responsibility for damage
to, and the like-kind repair or replacement of, any alternative or "enhanced materials damaged in the performance of
their work, maintenance or other duties whether such damage occurs by necessity or by negligence. Any and all
repairs will be made with standard materials unless the property owner specifically requests that repair or
replacement not be made so that such owner may make his own like-kind repairs.
• As owner, I (we) acknowledge and accept responsibility for all maintenance needs for alternative or enhanced
materials, specifically including, but not limited to, maintenance of a safe and stable roadside zone.
• If the CITY determines that pavers are not maintained in accordance with the approved City Use Permit, after ten (10)
days written notice of the finding of maintenance failure and OWNER fails to correct the condition, the CITY may
replace the pavers with a concrete or asphalt apron as determined by the CITY. The cost of the CITY'S replacement of
the improvements will be borne by the OWNER, or such cost will become a lien on the OWNER'S property adjacent to
CITY right-of-way, described above after notice as provided by law.
• The OWNER agrees to indemnify, hold harmless and defend the CITY, from and against, all liability and expense,
including reasonable attorneys' fees and costs, including appellate fees and costs, in conjunction with any and all
claims whatsoever for personal injuries or property damage, including loss of use caused by the negligent or
deliberate acts or omissions of the OWNER, his/her/their agents, officers or employees arising in any way out of the
installation and maintenance of pavers.
• This agreement will run with the land and be binding on the OWNER, assignees, and successors in interest in the
property.
• As present owner, I (we) agree to disclose the above agreement to future owners of the subject property and further
acknowledge that said Agreement will be recorded into public record with the Volusia County Clerk of Court. No
issuance of an approved driveway and site drainage permit will be completed until the Agreement is recorded.
This Notice does not constitute a representation that lawful access to the parcel exists.
IN WITNESS, WHEREOF the undersigned owner(s) have/has executed this Notice/Agreement on this day of
, 20
STATE OF FLORIDA, COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this day of , 20 _ by
who is personally known to me or who has produced as identification, and who did not take an oath.
REVISED 02/2018 1
