2/5/1991 - Laserfiche WebLink

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As part of the license agreement, staff is proposing that an annual licensing fee of $100.00 be assessed to cover administrative cost. It is proposed that county staff will conduct annual inspections upon license agreement renewal, to ensure that the dock is maintained in a safe condition. If upon annual inspection the dock is found in disrepair, the applicant will have thirty (30) days to repair the dock or risk losing continued dock use allowance. - RECOMMENDATIONS: Staff recommends that the Board of County Commissioners approve the license agreement (attached hereto) between Mr. and Mrs. Droege and the county, to allow the Droeges to construct a single-family dock along the Calcutta Drive right-of-way, whereby the county is held harmless regarding any liabilities. Commissioner Wheeler advised that there are some changes in the agreement that Assistant County Attorney Will Collins will explain. Attorney Collins advised that after the license agreement was sent out in the Commissioners' packets, the County Attorney's Office was contacted by some of the elected officials about revisions that they would like to see in this agreement. Mr. and Mrs. Frederick Droege, who are requesting the ability to put a dock along the east right-of-way of Calcutta Drive in Country Club Pointe, have a contract to purchase, but there is some concern because these docks are to be used only by the people who live there in order to avoid people coming in, parking on the right-of-way and utilizing a dock. Therefore, we are adding a clause to make the license agreement contingent upon closing on the property. We are adding language to make it clear that there can be no assignment or rental of this dock and that the dock is to be for the personal use of the property owner, and adding other language to clarify that if the license agreement is terminated for any reason, the dock would become the property of Indian River County. As it is presently structured, Paragraph #9 says that if the property is sold, the buyer could come in and execute a similar license within 90 days, and if they fail to do so, the dock would become the property of the County. We want to clarify that any event of termination would cause it to become the property of the County. Those are the changes that have been suggested, and we can redraft the license agreement along those lines. There is a requirement for $1=million of liability insurance naming the County as the additional insured. Apparently, the Droege's present insurance carrier is not willing to insure, and they are in the process this morning of contacting other insurance firms. If they cannot locate a carrier that will 1 1 BOOK 82 FA.6E YU9 FFQ 5 1991 L