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2012-089
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2012-089
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Last modified
12/28/2015 11:30:14 AM
Creation date
10/1/2015 4:22:52 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
First Amendment
Approved Date
05/01/2012
Control Number
2012-089
Agenda Item Number
13.A.
Entity Name
Sea Oaks Property Owners Association
Subject
License Agreement Use of County Property
Archived Roll/Disk#
112-R-0001
Supplemental fields
SmeadsoftID
11126
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0510 0 D.. <br /> FIRST AMENDMENT OF LICENSE AGREEMENT 17 A <br /> FOR USE OF COUNTY PROPERTY d.0 ( a - 0 % R <br /> THIS FIRST AMENDMENT is entered into as of the 1st day of May, 2012 , to that <br /> certain License Agreement for use of County Property , between INDIAN RIVER COUNTY , a <br /> political subdivision of the State of Florida, 1801 27`h Street, Vero Beach, FL 32960 <br /> ("COUNTY" ) and SEA OAKS PROPERTY OWNERS ASSOCIATION, INC . , a Florida not- <br /> for-profit corporation, 8811 Highway AIA , Vero Beach, FL 32963 (" SOPOA") . <br /> WHEREAS , on January 5 , 2010 , the parties entered into that certain License Agreement <br /> for use of County Property (" License Agreement") authorizing SOPOA to use certain real <br /> property described therein for limited purposes and for a time period ending on January 4 , 2015 ; <br /> and <br /> WHEREAS , for a variety of reasons , SOPOA has requested a ten ( 10) year extension of <br /> the License Agreement , which COUNTY is willing to grant, subject to the terms of this First <br /> Amendment, <br /> NOW , THEREFORE , in exchange for the mutual undertakings set forth herein, and <br /> other good and valuable consideration , the receipt and adequacy of which is hereby <br /> acknowledged , the parties agree , as follows : <br /> 1 . Recitals . The above recitals are true and correct and are incorporated herein . <br /> 2 . Extension . The term of the License Agreement is hereby extended to January 4 , <br /> 2025 . This extension is in lieu of and in replacement of the five (5 ) year option set forth <br /> in <br /> paragraph 1 of the License Agreement , which option is hereby eliminated . <br /> 3 . Termination . The License Agreement may be terminated at any time by either <br /> party upon one year written notice of termination to the other . This provision shall replace the <br /> second sentence of paragraph I of the License Agreement . <br /> 4 . Special Termination Provision - Annexation . Notwithstanding any other <br /> language set forth in the License Agreement, in the event that all or a portion of the Sea Oaks <br /> development is annexed into Indian River Shores , Florida, or any other municipality , the License <br /> Agreement shall automatically terminate one ( 1 ) year after the date of annexation . <br /> 5 . License Fee. Effective January 5 , 2015 , and on each January 5 thereafter for the <br /> duration of the License Agreement , the license fee set forth in paragraph 6 of the License <br /> Agreement shall be adjusted to reflect changes in the consumer price index for all urban <br /> consumers for the South, all items , 1982 - 84 equals 100 , as published by the U . S . Department of <br /> Labor, Bureau of Labor Statistics (" CPI") . The first CPI adjustment shall be effective on <br /> January 5 , 2015 and shall be based on the CPI increase , if any , for the five year period <br /> from <br /> October 2009 through October 2014 . Subsequent annual adjustments shall be based on the CPI <br /> increase , if any , for the twelve ( 12 ) month October to October period preceding the effective date <br /> C: An vineu,sand .Servings'Su/xudl7lLnca/ Sellingsi7'ontwaryInternet IWes lConlenf. Outlook 2U47 /;7.11)1hcense dgrerment (/St .4mdnipdoer Page <br />1 of 2 <br />
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