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William K. DeBraal, County Attorney <br />Susan J. Prado, Deputy County Attorney <br />Office Of Attorney's Matters 05/21/2024 <br />INDIAN RIVER COUNTY <br />ATTORNEY <br />MEMORANDUM <br />TO: Indian River County Board of County Commissioners <br />THROUGH: John A. Titkanich, Jr., County Administrator <br />FROM: William K. DeBraal, County Attorney <br />DATE: May 15, 2024 <br />SUBJECT: Approval of License to Occupy and Improve County Property located at <br />1235, 1239 and 1247 161 Street <br />BACKGROUND. Indian River County owns a strip of right-of-way on the south side of 16th Street <br />between Old Dixie Highway and the Florida East Coast Railroad tracks as shown on the aerial <br />photo attached to this memorandum. After researching the issue with the help of the County <br />Surveyor, David Schryver, it appears that the County acquired the strip in 1982 via a Florida <br />Department of Transportation map dedication. There are three property owners that abut this <br />strip: <br />Faulman Investment Ltd <br />1245 16th Street Ocean Research & Conservation <br />Association Inc <br />Indian River Clay Inc 1235 161h Street <br />1239 16th Street <br />These three properties have historically used the strip as additional parking for their businesses. <br />Back in 1992, the County entered into a License with the then owner, Sandab Communications, <br />for Sandab to use the strip for parking in exchange for maintaining the strip, its landscaping and <br />parking lot surface. The License expired in 2012 and was never renewed. New owners of the <br />properties have inquired about executing a new License under the same terms and conditions of <br />the previous license. For one of the small business owners, the License is a requirement of <br />financing. Staff has no objection to the requests, so long as the County is named as an additional <br />insured on the property owners' certificates of insurance. <br />FUNDING. There is no impact to County funding as a result of this agenda item. <br />RECOMMENDATION. The County Attorney's Office recommends that the Board approve the <br />License to Occupy and Improve County Property as to each property owner and authorize the <br />Chairman to execute each license on behalf of the Board. <br />Attachments: Aerial Photo, Example of License to Occupy and Improve County Property <br />Copies sent by email to each property owner <br />149 <br />