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2011-106G
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2011-106G
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Last modified
7/9/2020 2:48:23 PM
Creation date
10/5/2015 9:11:39 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/03/2011
Control Number
2011-106G
Agenda Item Number
13.B.7
Entity Name
City of Vero Beach
Subject
Parking License Agreement
Dodgertown Property Exchange
Area
Dodgertown Parcel 2A, Airport Parcel 19 and 17
Supplemental fields
SmeadsoftID
10220
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operations. County understands that there are substantial federal fines for violations of federal <br />laws and regulations applicable to airport facility access and use. <br />6. Insurance. County shall, at all times during the term hereof, carry commercial <br />general liability insurance against personal injury and property damage with a company <br />authorized to do business in the State of Florida and satisfactory to City, protecting City against <br />any and all claims for damages to persons or property as a result of or arising out of the use and <br />maintenance by County of the License Areas. County shall provide a certificate of insurance <br />stating that City is an additional insured, and confirming limits of coverage not less than <br />$500,000 per occurrence combined single limit for Bodily Injury Liability and property Damage <br />Liability. County shall supply written proof of insurance to City within fifteen (15) days of the <br />date this Agreement is executed, and shall continue to supply such proof to City for each term <br />such insurance coverage is renewed. <br />7. Indemnification. To the extent permitted by law, County agrees to indemnify <br />and hold harmless City, including, without limitation, its council members, officers, employees <br />and agents, from and against all claims for damages, liabilities, costs and expenses arising out of <br />or relating to the use of one or more License Areas by County, Dodgertown Tenant or County's <br />other assignees; and City agrees to indemnify and hold harmless County, including, without <br />limitation, its commissioners, officers, employees and agents, from and against all claims for <br />damages, liabilities, costs and expenses arising out of or relating to the use of one or more <br />License Areas by City or City's assignees; provided, however, that nothing herein shall be <br />construed as a waiver of the County's or the City's sovereign immunity pursuant to section <br />768.28, Florida Statutes. <br />8. Clean Up After Use. After each use of a License Area, County shall leave the <br />property in substantially the same condition that it was prior to such use. <br />9. Term. The term of this Agreement shall be indefinite until the earlier to occur of <br />the following: (a) the revocation of all licenses for License Area A, License Area B and License <br />Area C, or (b) the permanent use of the Dodgertown Facility for a purpose other than sports, <br />recreation or entertainment related activities. <br />10. Revocation of License. Each license granted herein shall be revocable by City in <br />the event that each of the following occurs with respect to the real property underlying such <br />license: (a) the City decides in good faith to use the underlying real property for a purpose <br />incompatible with continued parking, (b) in reaching such decision, the City gives due <br />consideration to the fact that (i) the City owns other properties in the same general area which <br />may be suitable for such incompatible use, (ii) continued use of the License Area for general <br />parking provides an important and valuable benefit to County, and (iii) that the City Council <br />determines in good faith that the advantages of locating the incompatible use on a License Area <br />outweigh the advantages to locating the incompatible use on other property owned by the City, <br />and (c) City actually uses the License Area for the incompatible use. <br />11. Remedies. In the event of breach of this Agreement by either party, the non - <br />breaching party shall be entitled to all remedies available in law or in equity. <br />Page 3 of 5 <br />i <br />
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