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I - Board of County Commissioners April 4, 2016 Page Three I In April, 2014, Indian River County received Claimant's Notice of Potential Litigation Against Indian River County Board of County Commissioners Pursuant to Florida Statute 768.28 relating to an alleged slip and fall accident on or near the Parking Lot. In May, 2014, the County's Risk Manager, Beth Martin, had a conversation with the attorney representing the potential plaintiff, who indicated that a City of Vero Beach planner told him that the Parking Lot was County property. Later that same month, City Risk Manager David Cecchi told Ms. Martin that the matter was being handled by the City of Vero Beach as Mr. Cecchi claimed the City of Vero Beach owned the Parking Lot. The County Attorney's Office seeks guidance as to how the Board wishes to proceed with respect to clarifying the ownership issue pertaining to the Parking Lot. 161h Street Parking Lot Indian River County owns a substantial portion, if not all, of the parking lot located on the south side of 16`x' Street; between Old Dixie Highway and the railroad tracks. The parking lot lies in front of two properties. One property is owned by Shamay Company, LLC and the other is owned by Faulman Investment, Ltd. The Source Heaven Sent Thrift Shoppe is located on the property owned by Faulman Investment; Ltd. Presently, this parking lot is mapped by the Indian River County Property Appraiser and treated by the City of Vero Beach as right-of-way for 16`x' Street. In February, 2012, Shamay Company, LLC acquired the property from Vero Beach Broadcasters, LLC. Vero Beach Broadcasters, LLC had acquired the property from Sandab Communications Limited Partnership 11 ("Sandab"). In March, 1992, Indian River County entered into a License to Occupy and Improve County Property with Sandab (the "License") for that 0.14 acre portion of the parking lot located directly between the Sandab property and 16a' Street. Under the License, Sandab was granted the right of ingress, egress, parking, stormwater management, signage and landscaping. The License expired in 2012. A copy of the License is attached. In 2011 and 2012, efforts were made by the County Attorney's Office and the Public Works Department to enter into a license with Vero Beach Broadcasters, LLC. In April, 2012, William K. DeBraal, Deputy County Attorney, wrote to Jim Davis, Vice President/General Manager of Treasure and Space Coast Radio, stating that "County staff would be willing to recommend renewal of the license agreement for an additional ten year period with an annual license fee of $900 per year effective August 25, 2012." In May, 2012, Mr. !Davis wrote to Chris Mora, stating that "instead of cash advertising expenditures that the County be allotted an amount equivalent to the easement rent at no cost to promote important messages as Ms. Swan and Mr. Loar have chosen to do." A copy of the correspondence is attached. Efforts to renew the license were unsuccessful. Mr. Mora and Mr. DeBraal could not recall a license between Indian River County and Faulman Investment, Ltd. F'.�nomq+fida'GE\�R,11�B CC.igendu.VemnrSvrpfyr Avyrrrieadx 211