HomeMy WebLinkAbout2012-007 JAN 2 6 2012 1 -- 7 - 2012
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is entered into as of this 17 day of January , 2012 , by and
between Indian River County, a political subdivision of the State of Florida ("Licensor") , and
Brad Fojtik, a resident of Indian River County, Florida ("Licensee") , as follows :
1 . License. Licensor grants to Licensee a revocable license to use and occupy the real property
and improvements described on Exhibit A attached hereto , which property and improvements
generally include a single family residence, a detached garage, and an approximately two (2)
acre yard area (collectively "Licensed Property") . Specifically, Licensee is authorized to use
and occupy the Licensed Property solely as a single family residence for Licensee and his
immediate family, and for no other purpose .
2 . Florida Communities Trust : Licensor has acquired the property with partial funding from the
Florida Communities Trust (FCT) , and the Property is subject to certain limitations provided
in the FCT Declaration of Restrictive Covenants (as recorded in OR Book 2307 , Page 2235
in Indian River County) (the "Declaration, ") . As part and condition of the FCT funding, the
Licensor provided , and FCT approved, a Management Plan for the project site, and together
with the Declaration, the terms of which are hereby incorporated herein by reference . FCT
shall be notified of all leases , easements or other similar documents that affect property
funded by FCT . The Declaration ' s restrictions on the FCT funded property are superior to
any other restrictions placed upon the property. Licensor intends that the conservation and
recreation values of the Property be preserved and enhanced in accordance with the
Management Plan, as it may be amended from time to time only after review and approval by
FCT . All activities by the Licensor and Licensee shall be consistent with the Declaration and
Management Plan .
3 . Term . The term of this license shall be one ( 1 ) year from the date of approval of this License
Agreement by the Indian River County Board of County Commissioners . The term shall be
subject to renewal for additional one ( 1 ) year terms , upon the mutual agreement of both
parties .
4 . Licensee ' s Duties . Licensee shall :
a. Provide general security on the Licensed Property, including parking a marked or
unmarked patrol car (Indian River County Sheriff' s Office) on the property when
Licensee is present on the property;
b . Provide security for any public safety boat (law enforcement or emergency services)
moored or docked at the at the dock located immediately west of the Licensed Property,
which dock is commonly known as Jones Pier;
c . Maintain the yard area in a mowed , attractive and safe condition ;
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d . Bush hog, on a quarterly basis, the approximately fourteen ( 14) acre site immediately east
of the Licensed Property;
e. Maintain the single family residence and detached garage in a safe and attractive
condition, and protect the residence and garage from deterioration from the elements,
V
nsects and pests , and other such conditions ;
f. Arrange and pay for (including deposits , if any) all utilities , including, without limitation,
water, sewer, electricity, telephone, cable television, etc .
g . Commit no act or omission which would result in waste, damage or destruction to any
portion of the Licensed Property;
h . Commit no act or omission which would result in a mortgage, encumbrance, lien or other
right, title or interest in the Licensed Property being acquired by any third party;
i . Commit no act or omission which would constitute a violation of any applicable local ,
state or federal law, or a nuisance or annoyance to surrounding properties or owners or
occupants of surrounding properties ; and
j . Advise Licensor immediately of any security issues, damage to the Licensed Property, or
any other events or conditions which could result in damage to the property, liability to
Licensor, or any other such adverse impact to the Licensed Property or to Licensor.
5 . Licensor ' s Duties . Licensor shall :
a. Repair the Licensed Property, to the extent that the need for repair is not caused
by
Licensee ' s negligence, intentional misconduct or violation of this License Agreement or
applicable law ; and
b . Commit no act or omission which would constitute a violation of any applicable local ,
state or federal law .
6 . License Fee . Provided Licensee performs all terms and conditions of this License
Agreement, Licensee shall not be required to pay a license fee .
7 . Improvements . Licensee shall make no alterations or improvements to the Licensed Property
without the express written approval of Licensor, which may be withheld in the sole and
absolute discretion of Licensor. The parties acknowledge that Licensee desires to paint the
interior, remove the carpeting and refinish wood floors of the residence . Licensee shall not
perform any of this work until after receiving express written approval of Licensor, following
Licensor ' s consultation with the Florida Communities Trust ("FCT") .
8 . Historic Preservation . Licensee acknowledges that Licensor acquired the Licensed Property
in part through a grant from FCT, which grant was made in light of the historical significance
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of the property. Licensee shall refrain from any action which might tend to diminish the
historical significance of the property, without the express written approval of Licensor.
9 . Public Events . Licensee also acknowledges that the grant agreement between Licensor and
FCT requires that Licensor hold a minimum of twelve ( 12) public, educational events at the
License Property each year. Licensee consents to such events and will cooperate with
Licensor with respect to such events . Without limitation, Licensee will make the Licensed
Property available for such events , in a clean, attractive and safe condition. Licensor will
provide reasonable notice to Licensee of the time and date of such events .
10 . Insurance . Licensee shall obtain (a) a comprehensive general liability insurance policy with
respect to the License Property, in the minimum amounts of $ 200, 000 per person and
$ 300, 000 per incident, which policy shall name Licensor as an additional named insured .
Prior to occupancy, Licensee shall provide to Licensor a certificate of insurance confirming
that such policy has been obtained and is in full force and effect, and confirming that such
policy will not be cancelled without thirty (30) days prior written notice to Licensor. Such
policy shall be primary to any liability insurance obtained by Licensor with respect to the
License Property, and (b) such insurance on Licensee ' s personal property kept on the License
Property, as Licensee deems appropriate. Licensee acknowledges that Licensor will maintain
no insurance applicable to Licensee ' s personal property.
11 . Indemnification . Licensee shall defend, hold harmless and indemnify Licensor, including its
commissioners , officers, employees and agents, from and against any and all claims , causes
of action, losses, damages , expenses (including reasonable attorney ' s fees) , and other
liabilities of any type whatsoever, arising out of or relating to Licensee ' s negligence,
intentional misconduct, or violation of this License Agreement or applicable law .
12 . Termination. Notwithstanding any other provision herein, either party may terminate this
License Agreement upon sixty (60) days written notice to the other; provided, however, that
in the event that Licensor determines in its sole and absolute discretion that Licensee
' s
continued occupation of the Licensed Property could present a risk of damage or harm to the
License Property or persons on the License Property (including, without limitation,
Licensee) , a risk of liability to Licensor, or otherwise would not be in the bests interests of
the License Property or Licensor, Licensor shall have the right to terminate this license
agreement immediately upon such shorter written notice as Licensor determines in its sole
and absolute discretion is appropriate under the circumstances .
13 . Default . In the event of default, the non- defaulting party shall be entitled to all remedies at
law or in equity.
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IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
first written above .
ATTEST : Jeffrey K . Barton, BOARD OF COUNTY COMMISSIONERS
Cler of Courts INDIAN RIVER COUNTY ("Licensor")
Deputy Clerk �.. `SS�OHERS,•*••,� GA R1 ONHEELER, Chairman
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Approved by BCC : January 17 , 2012
.• Approved as to form and legal sufficiency :
Alan S . Polackwich, Sr . , County Attorney
Approved :
J seph A . Baird, County Administrator
BRAD F JTIK (" Licensee")
Reviewed and Approved by
Florida Communities Trust :
Clay SmavlINNebod, Director
Division of State Lands
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