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FIRST AMENDMENT TO LICENSE AGREEMENT
FOR USE OF COUNTY PROPERTY
THIS FIRST AMENDMENT TO LICENSE AGREEMENT FOR USE F COUNTY
PROPERTY ( "Amendment " ) by and between INDIAN RIVER COUNT a political
subdivision of the State of Florida ( " County " ) , and SEA OAKS PROPERTY OWNERS
ASSOCIATION , INC . , a Florida non - profit corporation ( " SOPOR" ) , is dated �Jovember 30 ,
2005 .
BACKGROUND RECITALS :
A . On October 19 , 1999 , the County and SOPOA entered into a Licene Agreement
for Use of County Property ( "Agreement" ) for the use of the Sea Oaks Wastewater
Treatment Facility ( "WWTF " ) site located off State Road A1A .
B . The Agreement provided for multiple use of the County ' s WWTF as more
specifically set out on Annex 1 attached to the Agreement and incorporated therein by
reference .
NOW , THEREFORE , in consideration of the mutual covenants set forth herein and
intending to be legally bound , the parties to this Amendment agree as follows :!
1 . From and after the effective date of this Amendment , the parties acknowledge and
agree that the following language will be deleted from Annex 1 of the Agreement :
a . " Restricted access to Parcel One shall be made available from a single, gated
location , the location of which shall be coordinated with the County Util ties
Department" .
b . "Access to Parcel Two shall be by foot traffic only , and not be from AIA , or
the
adjacent construction /utility easement" .
C . " Only those Sea Oaks employees authorized to enter the site wilts be allowed
access . Parcel One shall not normally be accessible by Sea Oaks residents , Parcel
Two is strictly off- limits to the public , and shall be enforced by signag ¢ provided by
SOPOR" .
2 . From and after the effective date of this Amendment , the parties ackowledge and
agree that the following language will be inserted to Annex 1 of the Agreement :
a . Restricted access to Parcel One shall be made available from an existing gated
entrance located on SR AIA , together with a foot traffic only entrance for members
of the Sea Oaks community as approved by the County Utilities Department .
b . Access to Parcels 1 & 2 may be from AIA or the adjacent construction / utility
easement .
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c . Only those Sea Oaks employees and authorized delivery or construction personnel
authorized to enter the site shall be allowed access . Parcels 1 & 2 are strictly off-
limits to the public , and this restriction shall be enforced by SOPOA .
d . Parcel 2 , located adjacent to SR AIA , shall be cleared of exotic vegetation and
foliage . The entire wastewater treatment plant site shall be free of exotics and shall
be maintained in this condition throughout the life of the License Agreement .
SOPOA shall coordinate with the Florida Department of Transportation for
maintaining the right- of-way buffers along SR AIA .
3 . Except as amended by this Amendment , the terms of the Agreement shall remain in
full force and effect .
4 . The Background Recitals are true and correct and form a material part of this
Amendment .
IN WITNESS WHEREOF , this Amendment is executed by the duly authorized
representatives of the parties as of the day and year first written above .
Attest : J . K . Barton , Clerk INDIAN RIVER COUNTY , FLORIDA
Board of County Commissioners
By e
Deputy Clerk
Date Approved by BCC 01 - 03 - 06
Approved :
Josep A . Baird
County Administrator
Approved as to form and
legal sufficiency -
y
�rtan E . Eel+_
Assistant County Attorney
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SEA OAKS PROPERTY OWNERS
Witnesses : ASSOCIATION , INC .
By : (
41 ot t4
Printe Name : zne; avr obert McInnis , President
Date 1L �31��D f
Printed Name :
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing was acknowledged befo e this &41 day of 4Zove ie , 2005 )
by Robert McInnis , President of SE SP OP Y OWNERS ASSOCIATION , INC . ,
a Florida non - profit corporation , o ehalf of said cor tion .
X
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Sig a r of No ary - State of Florida
Stamped Commissioned Name of Notary P lic "` V s JollepL i�.E M. Gray
with Commission Expiration Date and Seal : =� :n= ""'' C° ". MissaoN Do0e4696 EXPIRES
= ; may; K January 16, 2006
'e �' Ru�' i6OMDED 1HRU fRGY FAIN !NSU PAN CE INS:.
/ Personal ) Known own OR Produced Identification
Type of Identification Produced
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c . Only those Sea Oaks employees and authorized delivery or construction personnel
authorized to enter the site shall be allowed access . Parcels 1 & 2 are strictly off-
limits to the public , and this restriction shall be enforced by SOPOA .
d . Parcel 2 , located adjacent to SR AIA , shall be cleared of exotic vegetation and
foliage . The entire wastewater treatment plant site shall be free of exotics and shall
be maintained in this condition throughout the life of the License Agreement.
SOPOA shall coordinate with the Florida Department of Transportation for
maintaining the right-of-way buffers along SR AIA.
3 . Except as amended by this Amendment, the terms of the Agreement shall remain in
full force and effect.
4 . The Background Recitals are true and correct and form a material part of this
Amendment .
IN WITNESS WHEREOF , this Amendment is executed by the duly authorized
representatives of the parties as of the day and year first written above .
Attest: J . K. Barton , Clerk INDIAN RIVER COUNTY , FLORIDA
3si ti r � ' ,•. Board of County Commissioners
:kt)eputy�Clerk ` BYE
', . .
Date Approved by BCC 01 - 03 - 06
m
jaa
Approved :
Josep A. Baird
County Administrator
Approve'6 as to form ander
le I Sufficiency - /
cion E . F_ell��
Assistant County Attorney
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