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HomeMy WebLinkAbout11/23/1966WEDNESDAY, NOVEMBER 23j 1966. • The Board of County Commissioners of Indian River County met in regular session on Wednesday, November 23,,1966, at 8:30 o'clock A. M., in the Courthouse, Vero Beach, Florida. Present were Robert W. Graves, Chairman; D. B. McCullers, Vice -Chairman, and members Donald Macdonald, Jerre:J. Haffield and Dr. B. Q. Waddell. Also present were John H. Sutherland, County Attorney; Jack Jennings, County Administrator; and.Alfred H. Webber,and Ruth Elliott, Deputy Clerks. Mrs. Gladys Vigliano, » County Welfare Case Worker, presented a bill from Don's Ambulance Service, Melbourne,.Florida, requesting payment of $98e00,,for amb4ance service for George Johnson, Gifford, Florida, from an accident in Valkaria to Brevard Hospital and from Brevard Hospital to Orange Memorial Hospital, and for private nurse. On Motion by Commissioner McCullers, seconded by Commissioner Macdonald, and unanimously carried, the request was denied. —Mrs. Vigliano' reported that she has received a request for the County to pay nursing home care for Peter Matagic, who came from Ft. Pierce, directly to a. nursing home in Indian River County approximately five years ago. The family has been paying the bill, but now the money has been exhausted. It was the opinion of the Board, that his legal residence is St. Lucie County and that this request should be referred to the St. Lucie County Welfare Department. On Motion by Commissioner Waddell, seconded by, Commissioner Mc - Cullers and unanimously carried, the request for nursing home care for Will Trainum,(a recipient of State Welfare Aid and an Indian River County Resident for more than five years] was approved. NOV "23 1968 800K 10 PAGE 66 VERO BEACH PRESS -JOURNAL: Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- ment, being a in the matter of IPPa i-0 - _ t in the Court was pub- lished in said newspaper In the issues of 0ti_Ultio Affiant further says that the said Vero Beach Press Journal` is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published: in. said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of.;one' yp .rlglct lireceeding the first publication of the attached copy of advet'- tisement; and. affiant further' 'Say; that he has neither paid nor promised any person, firm or corporation any diticourtt, rebate, commission or refund for the purpose of securing this adver- tisemeiit for pttlicz;tion•in the said newspaper. .; ��_•, Swotn,to p subscriAd'tbiforp. me. this 1 0 ' day of - A.D._ 4 6 ,l t.• � P¢¢ e•• ircuit Court, Indian River County, Florida) F. NOT.IC,E Notice is hereby given in`aecord• ante with Chapter 627298 :Fa S..that the Board. of County •Col misslonera ".` of Indian :.River •County .proposes to' reduce the miliages for, the, Gen- f eral Revenue, :Road and Bridge, and. Fs, , Fine •and -•,Forfeiture" Funds , from ' what they were in .'they preceding ; year proportionate• to the increase in' the general level, ofassessed value 4 -;.ever the preceding, year,; but that ';,;`,it has been .determined; by said Board that the millage. required C. for operating funds should be •t creased no more than ten percent ;'; (10go) more than the millage 'result-, Ong from ' the above mentioned: re- duction. �,. • The .said Board, W111 ;Peet. in the; rCounty Commissioners'f Room at the •Indian ;;River .County Courthouse, Vero Beach, • Florida, at; the hour of 8 :30.'A. • M. • on Wednesday, No- yember .23, 1966: for the purpose of ,hearing', comments and complaints regardingthe proposed .millage and 'explaining. the reasons for such proposal: ¢;- This 9th clay of November, 1966. BOARD OF COUNTY COM- MISSIONERS INDIAN RIVER COUNTY, FLORIDA By /s/ Robert W. Graves Chairman Nov. 10, 1966, The Chairman read the foregoing Notice wished to be heard. There were none, and on Macdonald, seconded by Commissioner Haffield, to the millages in question, including Health • and asked if anyone present Motion by Commissioner final approval was given Unit millage of .0238. Commissioner Haffield moved that:.a, letterbe furnished to Mr. Russell Burks stating °r that this Board has:no objection to Mr. Burks application for a'project which would incorporate Federal rent subsidies for the Gifford area: The Motion was seconded by Commissioner Waddell. and unanimously carried. Commissioner Macdonald moved that the Administrator advertise for sale and removal, all buildings on the north side of the Wabasso Beach property (old coast guard hotel and concession stand) with the exception of the pump and water system. Motion was seconded by Commissioner Mc Cullers and unanimously carried. BOOK 10 PAGE 67 Nov 23 1966 • Mr. Roland B. Miller, Trustee of the'indian River County Hospital District, presented to the Board excerpt from the Minutes of the Trustees, November 14, 1966, whereby he had been appointed as a representative of the hospital to pursue the idea of obtaining Lots 1 through 7 of Block 6, Original Town of Vero Beach, for future Hospital expansion. These lots are owned by the County, having been deeded to the County by the (and conveyed to the City by the I1 Fund) City of Vero Beach./ The Chairman stated that they have been reserved for a nursing home. Mr. Miller requested the Board to deed the lots with a reverter clause, that if they are not used within two years, they will revert back to the County. After discussion, the Board appeared to be agreeable to conveying the lots to the Hospital with a reverter clause. • However, the County is faced with having to acquire land for Courthouse parking facilities in the future and Commissioner Waddell suggested that an appraisal be made of thetproperty so -that a value can be established before conveyance is made, in order to be able to use the value as part of the local effort if Federal Matching funds are available. Commissioner Macdonald moved that the Board have an appraisal made of the lots. The Motion was seconded by Commissioner McCullers and unanimously carried. VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN 'RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- ment, being a in the matter of In the fished in said newspaper in the issues of 19 4, 4 Court, was pub - a, NOTICK dor ,HEARING The Board of Copaty CorOhission- 4e011. of Indiap" Efyer Caen* Florida twill; on the 23r4 ,day of ,November, 1968 at 9:00 At M., In the Board of County Commiasiofers' Room at the Indian liiiyen:C ''linty Courthouse, Vero Beach, .Iau;lten River County, Florida, consider granting an ex - :elusive franchise to Urban Develop- Pment Utilities, Inc. for the delivery and service ofsewer and water 'services to the following described Property in Indian River Count,- ' Florida, to -wit: All of Sections 21 and 22, and all of that part of Section 23 ly- ing West of U. S. Highway 1; all of the North Vs of Section 29 lying West of U. S. Highway 1; all of the North IA of Sec- tion 27 and North 1/4 of Section 28, all in Township 32 South, Range 39 East, • Indian River County, Florida. Parties in interest and citizens will be heard by the Board at said public hearing. This Sth day of November, 1988. BOARD OF COUNTY COM- MISSIONERS INDIAN RIVER COUNTY, FLORIDA By /s/ Robert W. Graves Chairman Nov. 10,A 1980, , Affiant further says that the said Vero Beach Press Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant. further says that he has neither paid nor promised any person, firm or corporation any discoint, rebate, commission or refund for the purpose of securing this adver- tisement for,publication ih'hp 'said•newspaper. • Sworn tp7arld subscfibed'be#orq'rae,this ' _ ..�SL day of A.D. qi (0 (o • • i , �. rk. n.•� i S ,o • r� .'' •• .:: ± r .•(CI- of the' Circuit ourt, Indian River County, Florida) (SEAL) .•. .�• • (Business Manager) NOV 23 1966 mox • 10 PACE 68 The Chairman read the foregoing Notice and asked if anyone present wished to be heard. Attorney Charles E. Smith, representing Mr. A. T. LeFever, also present, owner of Carver Colony Subdivision, opposed the transfer and asked that the Board exclude from the•£ranchise, the area south of North Gifford Road, which is approximately 440 acres and includes Mr. LeFever's property; and also that the Board amend the franchise, in Section 20, to clarify that mandatory hookupis-not required. Mr. Smith further stated "that the Franchise is for'forty years, with no require- ments as to starting date, completion date, and no performance bond required, which will place an undue restriction to tie up the property for forty yeari with no requirements as to performance. The Franchise provides, upon transfer, that acceptable financial statements be provided to the Board" (andkreferred to the letter from Robert F. Cochrane, CPA, and the Proforma Opening Balance Sheet which were made part of the Petition) "and it is our contention that this requirement has not been met". During discussion it was brought out that Mr. LeFever owns ten acres and has an option to buy an additional ten acres in the area requested to be excluded from the franchise (40 homes and 4 more proposed) and when asked if they knew the feelings of the other property owners in this area, Mr. Smith responded "no". It was also brought out that there is a provision in the franchise that any person requesting service and is not given service within one year, then his property is to be deleted from the franchise area. Mr. Russell Burks and his Attorney, G. Kendall Sharpe, were present, and stated "that the proposed transfer of franchise is verbatim transfer of the franchise granted to Mr. Burks, nothing is being changed except it is being transferred to a non profit corporation, registered in Tallahassee. The assets will be in the corporation at the moment the franchise is transferred to the corporation. The franchise'is contingent upon the loan, once the transfer is granted, the loan is approved subject to this transfer. It is necessary that the whole area be encompassed in order to be approved for Federal Aid". As to the charge of a delay of forty years, Mr. Sharpe stated "that the project will be underway NOV 23 6,5F ten 1.0 PACE 69 d • 1 as soon as the loan is consummated. The County is in no way responsible.' If the Federal Government goes ahead with the project, they will take fully responsibility of corporation, only way the thing could possibly fail, is if the Federal Government fails." Mr. Smith then stated that "one agent cannot bind the Federal. Government" and suggested that Mr. Burks "give a letter from a high department official, stating that it would be the government's respon- sibility to operate .it, if the corporation fails to operate it -to have a -commitment from the Government to. show that there -is some responsibility" Mr. Burks offered to produce such a letter but no action was taken;: by the Board on the suggestionr. It was the Board'€i opinion that the County is not responsible.: .1 After considerable discussion, Commissioner Macdonald moved that this Board give tentative approval to the transfer of the franchise to Urban Development Utilities, Inc., subject to'W 1. Amending the franchise by inserting on the 9th line of Section 20, the followings "No landowner shall be required,to'hook up or use .the water and sewer services as provided in this franchise, provided, however, if such landowner requests services and purchases water from the Company, the the provisions of this franchise shall apply to such landowneror the land involved, and the above rights in respect to such landowner shall cease and terminate." (This is as requested in letter from Charles E. Smith,dated August 26, 1966, and on file in„the Clerk's office) and, 2. Furnishing of evidence that the actual franchise has been transferred and that the transferee furnishing complete data to the Board evidencing that they will accept all of the assets and liabilities and will be held under the terms of the franchise as provided in. Section 13 of the Franchise Agreement. The Motion was seconded by Commissioner Haffield and unanimously carried. NOV 23.966 ox 10 PAGE 70 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, who on oath says that he Is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertise- ment, being a In the matter of In the Court, was pub- lished In said newspaper in the issues of _1 1 . 31 !cc Affiant further says that the said Vero Beach Press Joumal is a newspaper published at Vero• Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mall matterat the post office In Vero Beach, In said Indian River County, Florida for a period of one year•.,ne:(t.'proceedipg the first publication of the attached copy of adver- tisement; and affient"furthey says that. he';has .ieither paid nor promised any person, firm or 'corporation anydis n#, rebate,:cogarrAission'..lor refund for the purpose of securing this adver- tisement for p ti tion• to the ,ail newspaper. • • Sworn to art suubs pell ribed betone this d t ' day • Q t1 G � r4 • r (SEAL•:• ;; (Cler l C I r the Circuit Court, Indian River County, Florida)• • Nt il& is HEREBY GIVEN '` "that 'the `Board of •County 'Commis, stoners of Indian River County, Florida, Will reeelve sealed bids at. the hdur, of 9:00 o'clock A. M. Wed* uesday, November 23rd, 1906, and' "at said tonne ,Publicly 'open the same '"'..the meeting of said Board to be- held in the County Commissioners' Room, Indian River County Court house, Vero Beaeh, Florida, for sale by the County of one wood frame' house, known as Bridge Tender's house 'located on thesouth side of '• the road at the Old Winter Beach Bridgehead, East bank of the In- dian River. The house must be salvaged or moved intact. Building .must be completely removed and all debris ';,:cleaned up 'in a proper and work- `dean -like manner within, thirty (30) ..„days from time of bid acceptance. • f% All bids must `be in a sealed enve- lope, marked on the outside, "Bid „4:4. S91_ house, Open date November 23rd, 1966 and shall be accompanied by a 'good faith deposit of ten .(10) percent of the total amount of bid.' If further information is desired, prospective bidders may contact the office of the County Engineer. w r. This the 19th day of October, 1966. BOARD OF COUNTY COM-' MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: ROBERT W. 'GRAVES Chairman • • Oct.• 27, Nov.. 2, '1986, The Chairman read the foregoing Notice and called for bids. No bids were received. After discussion, Motion was made by Commissioner Waddell that the Administrator be authorized to have a title search on that portion of the Old Winter Beach Bridge Road which lies between the Indian River and the Atlantic Ocean. The Motion was seconded by Commissioner Macdonald and unanimously carried. The County Attorney presented the Concession Agreement between the County and Mr. Henry Thompson, for the Sebastian Inlet Park, and on Motion by Commissioner Waddell, seconded by Commissioner McCullers, the following Resolution was unanimously adopted: NOV 23 1966 BOOK 10 PAGE 71 RESOLUTION No. 66-48 WHEREAS, Indian River County holds and owns certain property located in Indian River County, commonly known as theSebastian Inlet Park, located and being in Indian River County,'Florida, and being used for public park purposes; and WHEREAS, the Board of County Commissioners of Indian River County, has advertised for bids for the operation of concessions located in said .park, and it appearing to. the Board that it would be to the best interest of the County that a concession agreement be entered into on said prop- erty;.and WHEREAS, after the receipt of bids in accordance with advertise- ments on said park, the.Board is satisfied that it would be in the best interest of the County to enter into a concession agreement with Henry Thompson: NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, in regular session on this.23rd'day of November., A. D. 1966, that the concession agreement presented herewith is hereby approved and the Chairman and the Clerk of this Board are hereby authorized and instructed to make, execute and deliver said lease for and in behalf of said County. NOV 23 1966 800K 10 PAGE 72 eivtcfeJ 4jrce-nielA4 a fe4 21, i `o 66 to, P / 25 CONCESSION AGREEMENT THIS AGREEMENT, made the 23rd day of Noyember , A. D. 19 66, between INDIAN RIVER COUNTY, by and through its Board of County Commissioners, with offices at Vero Beach, County of Indian -River, State of Florida, hereinafter called the Board, and HENI1Y THOMPSON o. o 0 the Licensee. State of Florida, hereinafter called WITNESSETH: WHEREAS, the Board'is the owner of park known as Sebastian Inlet Park, located on the south side of the Sebastian Inlet, Indian River.County, Florida, and is charged by law with the operation and maintenance of such facilities for the use of the public for health- ful recreation; and WHEREAS, the Licensee desires to obtain from the Board a license to operate in Sebastian Inlet. Parkthe concession hereinafter described and the Board desires to enter into an agreement with the Licensee for the operation of the said concession. NOW, THEREFORE, in consideration of the::=premises and the mutual covenants and conditions herein contained, it is agreed by the partieshereto as follows: 1 1. The Board hereby grants to the Licensee and the Licensee hereby accepts from the Board a license to operate in said Sebastian Inlet Park for the period herein stated and subject to all of the terms and conditions herein contained, the following -described con- cessions, located as follows: Sebastian Inlet Park including concessions and campgrounds located south of the Sebastian River Inlet in Indian River County, Florida. This license shall permit the sale of meals and foodstuffs, grocery items for campers, soft drinks, ice cream, candies, chewing NOV 23 1966 ea 10 PAC ,73' gum, cigars, cigarettes, souvenirs, sundries, bait and fishing tackle and supplies, marine gasoline and oil, and related items, the rental of campsites, boats, motors,- floats, chairs, umbrellas, or other beach equipment, fishing tackle and other items related to this type of business. All of the aforesaid are permitted only upon strict observance of any and all State Board of Health rules and regulations, and at prices consistent with prevailing prices in the vicinity of Vero Beach, Florida. Any dispute between Concessionaires regarding the right to sell any items shall be resolved by the County Engineer of Indian River County, Florida, or his authorized representative, whose deci- sion shall be final. No intoxicants shall be sold on the premises, AND no pin ball machines, games of skill, games of chance, etc., shall be allowed on the premises, AND,.in the operation, the enforcement of these rules shall be the responsibility of the Licensee. 2. This license shall commence on the -23rd day of berms , A. D. 1966 , and shall end on the 1stday of December , A.D. 1967 . 3. The Licensee agrees to pay to the Board, as compensation for this license and for the privilege of operatiop of the park the minimum guarantee of $100.00 per month,n plus the amount of five percent (5%) of the monthly gross receipts in excess of $2,000.00 per month. 4. The Licensee agrees to keep the books of account and records of all operations and to establish systems of bookkeeping and account in a manner satisfactory to the Board and to permit inspection of said books and records by the Board's representative and the Revenue Commissioner of the State of Florida as often as, in the judgment of the Board, such inspection is deemed necessary. 5. The Board is not responsiblefor the installation of water''"gupply, sewer or drain pipes or fixtures other than bringing -2- BOOK 10 PACE 74 the .same to the space provided previous to the granting of this license. In addition to the license fee above mentioned, the Licensee shall pay for all electric light, power and gas used and consumed in connection with the privilege or in connection with the structures necessary to be erected or in existence on the premises used for this license, and the Licensee shall use only electricity for motive power and illumination of the said premises, buildings or spaces included in this license unless otherwise permitted in writing by the Board and sha}.1 use all electric lights and power in strict accordance with the plans and designs designated and approved by the Board; the electric current for all lights and power, if furnished by the Board, shall be paid for by the Licensee as follows: At cost to the Board, electric current to be metered. 6. Should the Licensee neglect to pay any charges for services supplied by the Board when the same become due and payable, then the amount of said charges shall forthwith become a part of and be added to the license fee and shall under all circumstances and conditions be considered and be collectable as such. 7. The Licensee shall procure at his own cost and expense such public liability insurance as will protect the Licensee, the Board and the People of Indian River County and their officers and employees from any claims for damages to property and for personal injuries, including death, which may arise from the operation of this concession by the Licensee. Copies of policies of insurance 'Shall be delivered to the Board with full premiums paid, before the commencement of any operations by the Licensee. All policies shall be subject to the approval of the Board for adequacy and form of protection. All liability policies shall provide limits of $100,000.00 for one person and $200,000.00 for more than one person injured or killed in any one accident, and $25,000.00 -3- SOAK 10 PACE 75 property damage loss, 8. This license shall be void and of no effect unless the Licensee shall secure compensation for the benefit of and keep insured during the life of this contract such employees as are re- quired to be so insured byrthe provisions of the Workmen's Compensa- tion Law of the State of Florida. 9. The Licensee assumes all risk in the operation of this licenae_.and shall be solely responsible and answerable in damages for all accidents'or injuries to person or property and hereby covenants and agrees to indemnify and keep harmless the People of Indian River County, Florida, and the Board and their officers and employees from any and all claims, suits, losses, damage or injury to person or property of whatsoever kind and nature, whether direct or indirect, arising out of the operation of this license or the carelessness, negligence or improper conduct of the Licensee or any servant, agent or employee, which responsibility shall not be limited to the insurance' coverage herein provided for. 10. It is further agreed that all foodstuffs and other articles sold under this license will be pure and of good quality and that quality, quantity and all prices charged will be subject to the approval of the Board. The Licensee shall maintain and operate the concession or business provided for in this license in a manner satisfactory to the Board and at all times to conform with the rules and directions of the Board and to charge only such prices in connection with its business and operation as shall be approved. by the Board. 11. Unless personally operated by the Licensee only, the Licensee agrees to employ a manager who is satisfactory to the Board to operate this license. If at any time the Board notifies the Licensee that the manager is unsatisfactory, the Licensee shall -4- 900K 10 PACE 76 . within forty-eight (48) hours replace him with a satisfactory one. 12. The Licensee agrees, at the request of the Board or its authorized representatives, and without the making of any specific charges, to forthwith terminate the employment of any employee whom the Board or such representative considers detrimental to the best interests of the park or the public using same. 13. The Licensee covenants =nd agrees not to advertise in any manner or form, on or about the premises, buildings, or spaces licensed to him or elsewhere, or. in any newspaper or otherwise, except by means of such signs or forms of advertising as shall be approved by the Board. The Licensee shall not employ or use any persons known as "hawkers", "spielers", "criers", or other noise- makers or means of attracting attention to the Licensee's business not approved by the Board or to the extent of creating a nuisance; or permit any intoxicated person to remain within or upon said Licensee's space or to carry on within or upon said licensed space any other business than above described. 14. The Licensee agrees to conduct and use the licensed premises for no other purpose than herein stated and to equip the same at the Licensee's own cost and expense, except as follows: (a) The Board will furnish such equipment, furniture and furnishings as had been installed prior to execu- tion of this agreement. 15. It is expressly understood and agreed that no part, parcel,. building, structure, equipment or space is leased to the ""'Licensee; that he is a Licensee and not a lessee; that the Licensee's right to occupy the same and to operate the license hereby granted shall continue only so long as each and all of the undertakings, provisions, covenants, agreements, stipulations and conditions in this -concession license contained on the Licensee's part to be per- -5 - BOOK 10 PACE 77 formed are strictly and promptly complied with. 16. All buildings, space and equipment covered by this license and used by the Licensee in the conduct of this business shall be maintained and kept in repair by the Licensee as directed by the Board and surrendered by the Licensee to the Board at the expiration or other termination of this License in as good condi- tion as when received, reasonable wear and tear and damage by the elements excepted. The Licensee shall not make any alterations in the licensed premises without the written approval of the Board. It is further understood and agreed that if a pieceof equipment becomes unusable by virtue of old age or from any other reason, the Licensee will immediately replace same with a like, or equal, piece of equipment; that piece of equipment as purchased by the Licensee to become the property of the Board, if for any reason this agreement shall be terminated. 17. The Licensee shall at all times keep the premises, includingrestrooms and bath house, covered by this license in a clean and sanitary condition and shall cleanse, fumigate, disinfect and deodorize the same whenever directed to do so by the Board or its representative. All State Health Laws and State Health Depart- ment regulations must be strictly complied with. 18. The Licensee agrees to dispose of all refuse and gar- bage where and as directed by the Board. 19. The Licensee shall not use or permit the storage of any illuminating oils, candles, oil lamps, turpentine, benzine, naptha. Lir other similar substances or explosives of any kind, or any sub- stance or things prohibited in the standard policies of fire insurance companies in the State of Florida., in any buildings brected or to be erected on'the premises. 20. It is agreed that the licensed premises may be inspected -6- DOOR 10 PAGE 78 at any time by authorized representatives of the Board or represent- atives of the Department of Health. The Licensee agrees that, if notified by the Board or such representative that any part of the licensed premises or the facilities thereof is unsatisfactory, to remedy same at once. .21. The Licensee agrees not to use, nor suffer or permit any person to use in any manner whatsoever, the said premises or any part thereof of any building thereon for any illegal purpose, or for any purpose in violation of any federal, state or municipal law, ordinance, rule, order or regulation or of any ordinance, rule or regulation of the Board now in effect or hereafter enacted or ti adopted, and will protect, indemnify and forever save and keep harmless the Board and the individual members thereof and their agents, from and against any damage, penalty, fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Licensee, or any employee, person or occupant for the time being of said premises; and in the event of any violation, or in the Board or its representatives shall deem s any conduct on the part of the Licensee, or of any person or occupant for the time being of the premises, or the said license or the opera- tion thereof to be objectionable or improper, the Board shall.have the right and power and is hereby authorized by the Licensee so to do, to at once declare this concession license terminated without previous notice to the Licensee. 22. The Licensee shall procure at the Licensee's own cost and expense all permits or licenses necessary for the legal operation of this license. 23. The Licensee hereby waives any and all claims for compen- 'iation for any and all loss or damage sustained by reason of any -7- Ma 10 PAGE 70 • interference by any public agency or official in the operation of this license; any such interference shall not relieve the Licensee from any obligations hereunder. 24. The Licensee hereby expressly waives any and all claims for compensation for any and all loss or damage sustained by reason of any defect, deficiency or impairment of the electrical apparatus, water supply equipment, or wires furnished for the premises hereby granted, or by reason of any loss or impairment of light, current, or water supply, which may occur from time to time for any cause, or for any loss or damage sustained by the Licensee resulting from fire, water, tornado, civil _commotion or riots; and the Licensee hereby expressly waives all rights, claims and demands and forever releases and discharges the People of Indian River County, .the Board of County Commissioners of Indian River County, and Indian River County, Florida, and its officers and agents from any and all demands, claims, actions and causes of action arising from any of the causes aforesaid. 25. Nothing herein contained shall create or be construed as creating a co -partnership between the Board and the Licensee or to constitute the Licensee as agent of the Board. 26. It is expressly understood and agreed by and between the parties hereto that the members constituting the Board of County Commissioners of Indian River County, Florida, and its officers and agents are acting in a representative capacity and not for their own benefit, and that neither the Licensee nor any occupant shall have . '- any claim against them or any of them as individuals in any event whatsoever, 27. As to the obligation of the Board under the provisions of this agreement, the same shall be deemed executory only to the extent -of the moneys available therefor, and no liability shall be -8- BOOK 10 PACE 80 incurred by the Board beyond the moneys available for the purpose. 28. The Licensee agrees not to assign, transfer, convey, sublet, or otherwise dispose of this contract or of his right, title, or interest therein, or his power to execute such contract, to any other person, company or corporation without the previous consent in writing of the Board. 29. All notices and orders given to the Licensee may be served by mailing same to the Licensee at the address hereinbefore set forth or by delivering ::;copy thereof to the Licensee in person, or by leaving it at his place of business in the park with any person then in charge of the same, or by posting the same in a conspicuous place upon the outside of any building or other structure occupied by the Licensee under this agreement. 30. This agreement may be modified, canceled or extended by agreement in writing, executed by the parties hereto but no such modification, cancellation or extension shall be effective until so • executed and approved. 31. It is expressly agreed that the Board shall have a continuing lien on all personal property of the Licensee which may be on the premises for any and all sums which may from time to time become and be due to the Board under the terms of this agreement, and upon default of payment by the Licensee the Board has the right tb take possession of and retain the same until the full amount due. dhall be paid, or to sell the same at public auction, and, after de- ducting the expenses of such sale, apply the balance of the proceeds to such payment, and if there should be any deficiency, to resort to fi any legal remedy. 32. The Licensee agrees not to remove from said park any jiersonal property brought thereon by the Licensee for the purpose of this license except with the express permission of the Board. 9_ BOOK 10 PAGE 81 Upon the expiration of the term herein, if the Licensee has made full payment under this license and carried out the terms of this agreement, he may remove his personal property from the park and shall do so within two weeks after the end of the term herein stated and on failure to do so, the Board, by its officers and agent, may cause the same to be removed and stored at the cost and expense of the Licensee and the Board shall have a lien thereon in the amount of the cost and expense of such removal and storage until paid and may sell such personal property and reimburse itself for such cost and expense plus the expense of sale° _'._' 33e If the Licensee shall fail to make payments to the Board in accordance with the terms of this agreement or shall fail or refuse to carry out the terms thereof, then the Board may cancel this agreement upon 30 days° notice served as stated in paragraph 29 of this agreement, and upon such termination the Board shall have the right to enter the premises occupied by the Licensee, by force or otherwise, and take full possession thereof, and close the premises for such time as it May deem proper, or, at the Board's option, may remove therefrom the property =nd effects of the Licensee, and, with or without legal process, expel, oust and remove all parties who may be present upon or occupy said premises or any. part thereof, and all personal property that may be therein or therein.?contained, without being liable to prosecution, damage or damages therefor, or for any damage or damages. to, or loss of any personal property belonging to any party upon or occupying said premises or any part thereof from any cause whatsoever by reason of such removal, and the Licensee expressly waives any and all claims for damages and loss against the People of Indian River County or the Board, their officers and agents, for or on account of any act done or caused to be done in exercising this right; and the Board shall have the right to sell -10- BOOK 10 PAGE 82 the said personal property so seized or removed and recover by such sale or legal process any and all sums due to the Board under the terms of this agreement, plus the costs and expenses incurred under the terms of this agreement. 34. The Licensee agrees to operate this business on a con- tinuous daily basis throughout the year unless modified by the Board. The Licensee further agrees to operate this business on the holidays and weekends throughout the year. The Licensee reserves the right to refuse service to un- desirable patrons. 35. The Board does hereby reserve the right to cancel this lease at any time upon thirty (30) days notice served as stated in Paragraph No. 29 of this agreement, and in the event. that this right is exercised, the Board shall have the right to enter and take possession of said property as set forth in Paragraph No. 33 of this agreement. IN WITNESS WHEREOF, the Board has caused these presents to be executed in its name by its'Board of County Commissioners, acting by the Chairman, attested by its Clerk, and its seal hereto affixed, and the Licensee does hereby cause these presents to be executed by affix- ing his hand and seal, in duplicate, either of which may be considered • an original. Signed, sealed and delivered in theresence of: . ageite, INDIAN RIVER CO R ERT W. GRACES., Chai Bard of Covnt. Co is s oneeb •1. G' +:/ /r/A Attest RALPH HARRIS, 'CLERK' • ' i =% * . . By /4 4,4141EAA64,/7 As Clerk of the Circuit Court (BOARD) J4rii. Z4>-7-r,--2--e•--e\ (SEAL) HE Y THOSON (LICENSEE) -11- BOOK 10 PAGE 83 ^,�e.j�.reusY..•Y6dn�ot..aaV•—'�I'�i�"T"...,. w�b�,"rtH--w.a...a .a.4�'`.- ,.4-4+.rais�o+u:� Commissioner Waddell moved that a 15 mph speed limit in all County parks be set, seconded by Commissioner= McCullers and unanimously carried. The Administrator was instructed to place the signs with "by order of the Board of County Commissioners" at Wimbrow Park, Sebastian Inlet Park and Round Island Park. The County Administrator read a4etter�- from General:;Development Oarparatibn stating that they have completed construction of certain roads as shown on plat of Vero Beach Highlands Unit Two, Plat Book 5, pages 77 and 78 (made a part of the letter) in accordance with plans on file with the County and the subdivision regulations of the County, and requested that the following roads and drainage structures within the limits of the aforesaid plat be accepted formaintenance by Indian River County: .1. 20TH STREET SW FROM 6TH AVENUE ow TO 4TH AVENUE SW 2. 20TH PLACE SW FROM 6TH AVENUE SW TO 4TH AVENUE SW 3. 21ST STREET SW FROM 6TH AVENUE SW TO THE WESTERLY RIGHT OF WAY OF 'LATERAL "J" CANAL. 4. 21ST ROAD SW FROM 5TH COURT SW TO SUNRISE DRIVE 5. 23RD STREET SW FROM SUNRISE DRIVE TO THE WESTERLY RIGHT OF WAY OF LATERAL "J" CANAL. 6. .6TH AVENUE SW FROM 20TH STREET SW TO THE NORTH RIGHT OF WAY OF CANAL 7, 5TH COURT SW FROM 21ST STREET SW TO 21ST ROAD SW 8. 4TH AVENUE SW FROM 20TH STREET SW TO 21ST STREET SWT 9. SUNRISE DRIVE FROM 21ST STREET SW TO 23RD STREET SW, 1.41 MILES "8-10" Mr. Jennings stated that he had inspected the roads and all facilities and find them to be in good condition and recommend that they would be conforming with the subdivision regulations of the County, Commissioner Waddell moved that the streets delineated above and in the letter and map from General Development Corporation, certified by the County Administrator, be accepted for maintenance by the County. The Motion was seconded by Commissioner McCullers and unanimously carried. NOV 23 1966 BOOK 10 PAGE 84 During a discussion which ensued, Commissioner Waddell suggested that upon final filing of a plat that the Board approve the plat and accept the streets in each instance. Commissioner Waddell read a letter from the Rockridge Property Owners Association, Inc., requesting the Board"to adopt a bill or ordinance to prohibit the parking of house trailers, trucks, or any un- licensed vehicle in the Rockridge Subdivision, this to be enforced by the Sheriff's Department, with a fine to all offenders." The County Attorney informed the Board that this would require a change in the zoning law, Commissioner Waddell moved that the letter be referred to the Zoning Board for consideration. The Motion was seconded by Commissioner Haffield -and unanimously carried. Mr. Jennings reportedkthat Mr. Gene Mosher, owner of a large portion of Gldndale Lakes Subdivison, is considering the abandonment of a street at the entrance to the Subdivision, between 47th%Avenue and 48th Avenue, 100 feet in length. Mr. Jennings suggested to the Board for their consideration that this be done by re -platting and getting everyone who owns property, besides the County, as ea -signors of the plat. He pointed out that if there is no replat on record, there will be considerable error, because when a person looks at an existing plat, it does not show that anything °has beemriracated, unless a replat is filed. The County Attorney stated that there was no necessity to replat, and that Mr. Jennings inform Mr. Mosher to proceed under the present statutes for the vacation of public roads, by filing a petition with, this Board, z who it.' undeit'advisement and set a public hearing. Mr. Jennings also suggested to the Board that they might want to reserve a 20° easement for future drainage and utilities. The Administrator reported that he had opened the street to the bluff, in Ambersand Beach Subdivision, as requested, and that Mr. Smitb, owner of the property adjacent to the street has complained that with recent high water and erosion, water has gone over the bluff, people in beach buggies are driving up and using the; opening, and requested the county to put something up to prevent that sort of thing,(grass, turf, tree or two). Mr. Jennings asked for the Board's opinion, should NOV 23 1966 BOOK 10 PAGE 85 it be closed at the.bluff line or left open. After discussion, Commissioner McCullers moved that the'Board take no.action on the request, that the street be left open. The Motion was seconded by Com- missioner Macdonald aind unanimously carried. On Motion by Commissioner Macdonald, seconded by Commissioner McCullers and unanimously carried, the renewal of Notary Commission for Ernestine Park, which expires March 10, 1967, was approved. Commissioner Waddell moved that the Beverage Department be notified that the application of ,Carl H. Adkins for a beer, package sales only, license, does conform to the Zoning Regulations of the County. Seconded by Commissioner McCullers and unanimously carried. The Administrator advised the Board that. the 80' right-of-way is complete for Hobart Road from Old U. S. #1 to Kings Highway, that they are starting to construct the Clemmann Avenue Bridge and also starting to work on 18th Street and 6th Avenue, that the City requested in Liaison meeting. Mr. Jennings reported that in Idlewild Subdivision, part of the right-of-way was changed to straighten out an engineering error (April 20, 1966, book 9 page581) all the deeds are prepared and the new plat is ready to be filed. The County originally had a 30° right-of-way but now has a 12h° easement,and the centerline of the ditch does not lie within the new easement. Mr. Jennings asked, when the new plat is put on record, was it the Board's desire to move the ditch over and put it on the new easement? After discussion, Commissioner Waddell suggested that, in order to refresh the memory of the Board, the County Administrator' be instructed to study the drainage of the area, in order to find out if there -location of the ditch is of value to the County or to the engineer who made the original error. Commissioner Waddell then presented the following proposal for the Board's study andfuture action: NOV 23 1966 BOOK 10 PAGE 86 PROPOSED CITIZENS PLANNING COMMITTEE 1. Each commissioner to appoint three (3) willing members. May ormay not be member of present zoning Board. All commissioners should serve ex -officio. 2. This committee shall study, hold public hearings, and make recommendations to the board on such subjects as, but not limited to: 1. Subdivision regulations 2. Area by area review of present zoning 3. Public Housing Authortiy 4. Present and future roads and highways 5. Long range recreational programs and land procurement 6. Water and air pollution controls. 7. Preservation and conservation of natural resources and wildlife. • 3. Recommendations made by this committee should be carefully considered by the Board and action taken within a reasonable length of time. 4. The citizens committee shall be without legal authority to expend funds or implement its recommendations. The members of said committee shall serve without compensation. 5. The committee shall'meet and elect a chairman and vice- chairman from its own members.. 6. The projects or programs to be studied shall be determined by the Board except that without specific instructions from the Board, the committee may, by majority vote, study those.projects or. programs it deems most essential. 7. The Board shall furnish a secretary to the committee .to take minutes and carry on necessary correspondence for the committee. Nov 23 1966 800K 10 PAGE 87 /it O Commissioner Waddell then turned over to the County Administrator his copy of the "Land Use Plan" by Dr. Barkley, which will be considered during the following year, for the use of the new member of the Board. He also turned over to the Administrator his file on the Public Housing Authority, on which a lot of ground work has been done, stating that, if and what a planning committee is created, they may choose to study this. Mr. Webber read a letter from the St. Lucie County Taxpayer's Association, regarding a four-year university in Fort Pierce to serve the four county area, namely, St. Lucie, Martin, Indian River and Okeechobee. The letter was received and placed on file. On Motion by Commissioner McCullers, seconded by Commissioner Waddell and carried, the County Agentfs request for out -of -county travel was approved: November 15,‘to Indian River Junior College; November 17, Indian River Field Laboratory in Ft. Pierce, and December 3-4, to Tampa, to make contact and plans for county booth in State Fair. On Motion by Commissioner Macdonald, seconded by Commissioner Waddell and unanimously carried, the Clerk was authorized to have the Rudy Hubbard Agency write a $100,000 policy for fire and extended coverage on the new Courthouse Annex. On Motion by. Commissioner Macdonald, seconded by Commissioner Waddell and carried,. the Clerk was authorized to pay $10,000 of the $20,000 Race Track Funds budgeted,to the Board of Public Instruction at this time. The several bills and accounts against the County, having been audited, were examined and found to be correct, were approved and warrants issued in settlement of same as follows: General Fund, Nos. 6237 to 6275, both inclusive; Road and Bridge Fund, Nos. 4033 to 4041, Fine and Forfeiture Fund, Nos. 632 to 640, both inclusive. Such bills and accounts being on file in the office of the Clerk of the Circuit Court, the warrants so issued from the respective funds being listed in the Supplemental Minute Book as provided by the rules of the State. Auditor, reference to such record and list so recorded, beingmade a part of these minutes. There being no further business, on Motion made, seconded and carried, the Board then adjourned. • NOV 23 1955 OM 10 PACE 88 RALPH HARRIS CLERK. • Nov 23 its Doak ' 10 PACE 89