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• Submitted a proposed list of "dock rules" (see Attachment 3); and • Submitted a proposed non-exclusive license agreement (see Attachment 4). This matter is now being presented for the Board to consider approving the proposed non-exclusive license agreement submitted by Friends of the Morningside Drive Dock, Inc. to allow the group to "construct, maintain, and insure" the dock for use by group members, without excluding use by the general public. ANALYSIS As reported by staff at the February 16 meeting, if the Board is to allow the dock to remain as a community dock for use by Riverside Estates residents, the following items will need to be addressed. • County approval of a lease/license agreement with a community entity (i.e., Friends of the Morningside Drive Dock, Inc.). • Managing access and use: the community entity would be responsible for managing the small- scale facility for subdivision -wide demands. • Liability insurance: a certificate of insurance would be required from the leasing entity, naming Indian River County as an insured under the certificate. • After -the -fact permitting and responsibility for permitting: the currently unpermitted structures would need to be modified and brought into compliance with the Florida Building Code. The established entity would be responsible for managing, designing, permitting, and completing required structural modifications. It was also expressed at the February 16 meeting that, if the Board opted to approve a license agreement for community use of the dock, that use should be "non-exclusive" such that a member of the general public would not be excluded from accessing the dock. Proposed License Agreement To address the issues discussed at the February 16 meeting (summarized above), the proposed license agreement with Friends of the Morningside Drive Dock, Inc. ("Licensee") contains the following provisions: • Dock is for use by Licensee members, but not excluding the general public. • Indian River County named as insured on Licensee's $300,000 liability insurance policy. • Licensee agrees to correct any maintenance deficiencies that may be found under an annual County inspection. • Agreement shall terminate upon disincorporation of Licensee, or upon Licensee's failure to correct any violation of license conditions within a specified timeframe. Friends of the Morningside Drive Dock, Inc. has also submitted proposed "dock rules" that group members would abide by. Although the rules are not specifically referenced in the proposed license agreement, the rules have been provided as an indication of group -imposed allowances and restrictions applicable to group members. 2 187