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HomeMy WebLinkAbout2010-006`-5 40 W411- ADIoom6 LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY This License Agreement is between INDIAN RIVER COUNTY, FLORIDA, 1801 27m Street, Vero Beach, FL 32960, (hereinafter referred to as "COUNTY") and SEA OAKS PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, 8811 Highway A 1 A, Vero Beach, FL 32963 (hereinafter referred to as "SOPOA"), WITNESSETH: That for good and valuable consideration, the receipt of which is hereby acknowledged, COUNTY and SOPOA agree as follows: 1. COUNTY hereby issues SOPOA a five (5) year, non-exclusive License to use that certain property shown on Exhibit "A" marked in red and denoted as Parcels I and 2. This agreement may be terminated with a nine (9) month's notice by County if either the County seeks a use of the property which would make SOPOA's use impractical or that if SOPOA's use of the property would hinder the County's use of the property. This Agreement may be renewed for an additional five (5) years if the parties mutually agree in writing to such an extension. 2. The License Agreement is executed for the express purpose of describing and regulating the use of suitable modular facilities to provide maintenance and administration services to the Sea Oaks development and should not be used for any other purpose. Facility purpose shall be limited to an administrative office, an employee time clock, toilet facilities, material and supply storage, and workshop area. The storage and use of fuels and oils on County property is expressly prohibited by the License Agreement. Any structures located on Parcel 2 shall be Page I of 4 built on pilings so that the entire square footage of Parcel 2 is available for the COUNTY for utility purposes when necessary. 3. Restricted access to Parcel One shall be made available from an existing gated entrance located on SR AIA. Access to Parcels I & 2 may be from AIA or the adjacent construction/utility easement. Only those Sea Oaks employees authorized to enter the site shall be allowed access. Parcels 1 & 2 shall not normally be accessible to Sea Oaks residents. Parcels I & 2 are strictly off-limits to the public, and this restriction shall be enforced by SOPOA. 4. The License Agreement does not constitute, nor imply, approval of any site plan. All planning, permitting, and construction on the site shall be the responsibility of the SOPOA, and shall be in accordance with the rules and regulations of Indian River County. Site plan approval must be obtained by SOPOA prior to any site work taking place. 5. In consideration for the License, SOPOA agrees to maintain the established areas by periodically mowing the cleared portions of the Licensed Property, and treating for exotics, and other areas around the COUNTY Wastewater Treatment Plant located generally on Exhibit "A. SOPOA shall coordinate with the Florida Department of Transportation for maintaining the right-of-way buffers along SR AIA. A minimum 18 inch high berm shall be constructed/maintained along the boundary of Parcel One and Parcel Two, as delineated in Exhibit ``A", utilizing surface material available on site. The continuous berm shall be constructed/maintained by SOPOA for the term of this License Agreement. 6. Additional consideration for this License Agreement shall be an annual license fee paid by SOPOA to the Indian River County Utilities Department. The annual license fee is $1,000.00 Page 2 of 4 N n6 Z plus applicable sales taxes, and shall be paid yearly on or before the effective date of this agreement. The effective date is the date the agreement is executed as signified below. Indemnification and Insurance. SOPOA is to obtain the insurance and indemnify COUNTY pursuant to the requirements found in Exhibit "13 The County retains the right to utilize Parcel 1 and 2 for government purposes and nothing within this license agreement shall be construed to interfere with that right, including the County's unrestricted right of ingress and egress. If either party fails to comply with the requirements of this License Agreement, then the non - breaching party shall provide written notice of the non-compliance and shall allow 30 days for the breaching party to come into compliance. If compliance is not obtained, then the non - breaching party may terminate this license agreement immediately. 10. Upon full execution of this License Agreement by the Parties, the license agreement executed October 19, 1999, and modified November 30, 2005, by way of reference as Exhibit "C shall become null and void. IN WITNESS WHEREOF, this License Agreement was executed by the undersigned this 5th day of January 2010. Attest: J. K. Barton, Clerk By roo�pow Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFF CIkNCY , l I v BY WILLIAM G. COLLINS II COUNTY ATTORNEY INDIAN RIVER COUNTY, FLORID Board of County Cornmissioneers By Peter D. O'Bryan, Chairman Page 3 of 4 r W i/ttnn/e�ss Witness SEA OAKS PRO ASSOCIATI RTY OWNERS Pamela Dawson General Manager Page 4 of 4 LJ A i .16 N I�a+ ell) IAt . �r.14 v T1 _ SNir,;,r.,t• fY y!i yr rr',�uh !L i }.1"�' y c t4p`Ry�. 1 t All iRr`4CPi4aYaY .'9nvrtvl�tril.�Y lli�)1 �� 'd<1.4f 1tti �i ' (• c 'j' • r rlv<1 }'q t $ !X, D � 61i}cf %I in ,J WAS It' 4lli'l N fTl �}4tQ Ell Ila a tt • _ N I�a+ ell) IAt . �r.14 v T1 _ SNir,;,r.,t• fY y!i yr rr',�uh !L i }.1"�' y c t4p`Ry�. 1 t All iRr`4CPi4aYaY .'9nvrtvl�tril.�Y lli�)1 �� 'd<1.4f 1tti �i ' (• c 'j' • r rlv<1 }'q t $ !X, D � 61i}cf %I in ,J WAS It' 4lli'l N fTl �}4tQ Ell Ila a EXHIBIT "B" I. Indemnification and Insurance. SOPOA is to obtain the insurance require and indemnify COUNTY pursuant to the requirements found in this Exhibit. A. Workers' Compensation Insurance. SOPOA shall procure and maintain workers' compensation insurance to the extent required by law for all employees to be engaged in work under this agreement. B. Commercial General Liability. SOPOA shall procure and shall maintain commercial general liability insurance (other than automobile) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this policy with respect to all claims arising out of the operations of work to be performed. i. Commercial General Liability (other than Automobile) $500,000 combined single limit for bodily injury and property damage, or current limits of liability, whichever is greater. ii. Business Auto Liability $500,000 combined single limit for bodily injury and property damage, or current limits of liability, whichever is greater. 2. Proof of Insurance. SOPOA shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by the SOPOA must state that the County will be given thirty (30) days written notice prior to cancelation or material change in coverage. Copies of an endorsement naming the County as Additional Insured must accompany the certificate of Insurance. 3. General Requirements of Insurance. Any deductibles or self insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to SOPOA. SOPOA's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less than A+VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be per occurrence policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department upon execution of this License Agreement. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. 4. Indemnification. SOPOA shall indemnify, defend, save, and hold harmless the County, its agents, officers, and employees, from any losses, fines, penalties, costs, damages, claims, demands, suits, and liabilities of any nature, including attorney's fees, (including regulatory and appellate fees), arising out of or because of any acts, action, neglect, or omission by SOPOA or due to any accident, happening, or occurrence on the property or arising in any manner from the exercise or attempted exercise of the SOPOA's rights hereunder whether the same EXHIBIT "B" regards person or property of any nature whatsoever, regardless of the apportionment of negligence, unless due to the sole negligence of the County. SOPOA's obligation to indemnify, defend and pay for the defense or at the County's option, to participate, and to associate with the County in the defense and trial of any claim and any related settlement negotiations, shall be triggered by the County's notice of claim for indemnification to the SOPOA. SOPOA's inability to evaluate liability or its evaluation of liability shall not excuse SOPOA's duty to defend and indemnify within seven days after such notice by the County is given by registered mail. Only an adjudication or judgment after the highest appeal is exhausted specifically finding the County solely negligent shall excuse performance of this provision by the SOPOA. SOPOA shall pay all costs and fees related to this obligation and its enforcement by the County. The County's failure to notify SOPOA of a claim shall not release the SOPOA of the above duty to defend. 5. Notice of Claims. County and SOPOA shall give prompt notice to the other of any third party claims made against either or both of them, and shall cooperate fully with each other and with any insurance carrier to the end that all such claims will be properly investigated defended and adjusted. 6. Failure to Maintain Insurance. Failure to maintain such insurance will be deemed as a cause for immediate termination of this agreement. ACORD,,, CERTIFICATE OF LIABILITY INSURANCE 10 12 2DATE(/12 2Y00909 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION STATEWIDE COMMERCIAL IxsuRAxcs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1425 20 STREET HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, VERO BEACH FL 32960 rvn r RESPECT TO WHICH TO ALL THE TERMS, POLICY EXPIRATION (772) 567-1700 (772) 562-7100 INSURED Sea Oaks Property Owners Association, Inc. ETAL 8811 HIGHWAY AlA VERO BEACH FL 32963 INSURERS AFFORDING COVERAGE A: PER C'. PER D. ZURICH NAIC # COVERAGES __ -__. _,. l ncoinn lnlnv^AYcn Nl1TWITN CTANIIINr THE ANY MAY POLICIES. POLICIES OF INSURANCE LISTED BELOW REQUIREMENT, TERM OR CONDITION PERTAIN, THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY DD' HAVE BEEN ISSUED TO THE INSUHtU NAMtU AVUVt OF ANY CONTRACT OR OTHER DOCUMENT WITH BY THE POLICIES DESCRIBED HEREIN IS SUBJECT HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE NUMBER rvn r RESPECT TO WHICH TO ALL THE TERMS, POLICY EXPIRATION f • �- THIS CERTIFICATE MAY EXCLUSIONS AND CONDITIONS LIMITS - BE ISSUED OR OF SUCH TYPE OF lNqllRANrFPOLICY 6/30/2009 GL183345 6/30/2010 EACH OCCURRENCE $ 1 000 ODO rA NSR X II GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑X OCCUR A TO NTE PREMISES Ea occurence $ 100,000 MED EXP (An one arson $ EXCLUDED PERSONAL B AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ INCLUDED GEN'L AGGREGATE LIMIT APPLIES PER: PRO - I Y X LOC POL C AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ AUTO ONLY - EA ACCIDENT $ li GARAGE LIABILITY ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG $ 1 $ B EXCESSAIMBRELLA LIABILITY X X OCCUR CLAIMS MADE AUC297296807-2 6/30/2009 6/30/2010 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25,000,000 $ DEDUCTIBLE Hx $ RETENTION $ 10,000 U- OTH- ER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L. EDENT $ 7HA ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DEA EMPLOYE $ If yes, describe under E.L. POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 8811 HIGHWAY AlA, VERO BEACH, FL 32960 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN ADDITIONAL INSURED NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Indian River County Board of County Commissioners IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 1801 27 STREET REPRESENTATIVES. VERO BEACH FL 32960 AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) Page 1 of 2 k6) fil..VPILJ VVnrVni+ r ry n raov 09/101/2009 10:52 FAA 7722310342 EXHIBIT C LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY This Agreement is between INDIAN RIVER COUNTY, FLORIDA, 1840 25" Street, Vero Beach, Florida 32960, (hereinafter referred to as "COUNTY" and the SEA OAKS PROPERTY OWNER'S ASSOCIATION, INC., a Florida not4or-profit corporation, 1235 Winding Oak Circle East, Vero Beach, Florida, 32963 (hereinafter referred to as "SOPOA"). WITNESSETH: That for good and valuable consideration, the receipt of which is hereby acknowledged, COUNTY and SOPOA agrees as follows: 1, COUNTY hereby issues SOPOA a ten-year, non-exclusive, non -cancelable License to use that certain property shown on Exhibit "A" and denoted as Parcels One (1), and Two (2). The Licensed Property shall be extended annually thereafter for additional one-year terms, unless and until a one-year written notice is given by the COUNTY to SOPOR that the COUNTY intends for the License to terminate. In the event of termination, SOPOR will vacate the Licensed Property shown on Exhibit "A", and remove any and all non- County owned, permanent, aboveground structures, facilities, and equipment. 2. In consideration for the License, SOPOA agrees to maintain the established areas by periodically mowing the cleared portions of the Licensed Property, and treating for exotics, and other areas around the COUNTY Wastewater Treatment Plant located generally on Exhibit "A". SOPOA also agrees to assist in the facilitation of appropriate water metering of the Sea Oaks ocean condominiums, coordinating with AALiccnse. opecment Sea Oaks,doc I o9/160/2oos 10:53 F44A 7722310342 r!A Associations for the execution of Signatge Page "A" . as contained in ANNEX I, and attached herewith. 3. SOPOA shall have the right to use the Licensed Property for construction of administration and maintenance modular ptructures for purposes affiliated with the Sea Oaks Development, in accordance with ANNEX I, as attached, and the County shall have the right to periodically inspect to verify SOPOR adherence to all terms and conditions imposed by this License. Any such construction and structures shall be approved in advance by the COUNTY, and shall adhere to the conditions contained in ANNEX I, and Exhibit 1. Any structures that may encroacb onto Parcel Two (2) shall be built above the ground surface so that the entire square footage of Parcel Two (2) is available to the COUNTY for utility purposes when necessary. 4. SOPOA agrees to hold the COUNTY harmless for damages arising from any and all acts due to SOPOA, and its agents, in connection with this License. 5. SOPOA shall provide the COUNTY with proof of General Liability Insurance in the Amount of Three Hundred Thousand Dollars, and 00 cents, ($300,000.00), and shall name the COUNTY as a co-insured. IN WITNESS WHEREOF, this License Agreement was executed by the undersigned this 19 Ty of October , 1999. Attest: LK, Barton, Clark wltnes3 fndian Rk'v Ca ApCtoved pate Admin Legal Budget Utiiiticr TL� Rick Mgt. AALic a oaks.doc INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Commissioner SEA OAKS PROPERTX OWNERS ASSOC. Bys. — Eric 2 L.S. D9�i'1'G":�2000 1.41:54 r4 -i 7722310342 r � L .y n •`, �4� N r m — �r O i { o, LP G r. r J✓ 1 ,y { 3 T I. 1 nI r{ 4 r '4 OWN I i ...I ar i f T {_ C 3 = 4cy ¢ F! ua � � n f LIE 01 U m .id of ' t019JN0 - i , oA/I6/2o09 10:5n FAX 7722310342 IQ 111 I ATTACHMENT TO LICENSE AGREEMENT BETWEEN SEA OAKS PROPERTY OWNER'S ASSOCIATION, INC., and INDIAN RIVER COUNTY. ANNEX 1 YIETE N When Indian River County acquired the North Beach Water System, it also acquired a number of unorthodox, non-standard, water meter installations. This metering section of .Annex I is intended to permanently correct the problem by transferring the ownership and responsibility of all plumbing appurtenances existing on private property to the respective Boards of 8880 Sea Oaks Way North, 8840 Sea Oaks Way South, and 8830 Sea Oaks Way South, otherwise lotown as Sea Oaks 7, Sea Oaks 4, and Sea Oaks 3, the Sea Oaks Dunehouses, respectively. Beginning on or about July 1, 19992 the Indian River County Department of Utility Services will utilize the existing individual master meters at each of the aforementioned buildings for the purpose of flow monitoring and billing, and it will be the responsibility of the Condominium Associations, or their designees, to allocate utility charges to the individual dwelling -unit owners. The County will continue to own and maintain the water distribution system up to, and including, each of the Master Water Meters. The Condominium Associations, or their designees, shall own and maintain all plumbing components downstream of the respective Master Water Meters to the Point - of -Use (POU) at each dwelling unit. By execution of Siannature Page "A„ as part of Annex I, the Condominium Associations hereby agree to the aforementioned terns. EMPL YEE US G The License Agreement is issued for the express purpose of describing and regulating the construction/installation of suitable modular facilities to provide maintenance and administration services to the Sea Oaks development, and should not be used for any other purpose. Facility purpose shall be limited to an administrative office, an employee time clock, toilet facilities, material and supply storage, and workshop area. The storage and use of fuels and oils on County property is expressly prohibited by the License Agreement. The area shall not be accessible to the Sea Oaks residents for gatherings, meetings, etc., while the wastewater treatment facility is maintained in its present permitted operation. SITE PLAN NG The License Agreement does not constitute, nor imply, approval of any site plan Condition. C1ivp%mydouslAnnex I .Rnv2 OB/16/1'.009 10;56 FAX 7722310342 2 612 • All planning, permitting, and construction on the site shall be the responsibility of the SOPOA, and shall be in accordance with the rules and regulations of Indian River County. Site plan approval must be obtained by SOPOA prior to any site work taking place. Restricted access to Parcel One shall be made available from a single gated location, the location of which shall be coordinated with the County Utilities ` Department. Access to Parcel Two shall be by foot traffic only, and not be from AIA or the adjacent constructionlutility easement. Only those Sea Oaks employees authorized to enter the site will 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 signage provided by SOPOR. • Development of Parcel One shall proceed with the utmost care, with the preservation of existing vegetation such as mature Oaks and Palms required. Removal of foliage is limited to exotics only. Dead or dying palms may be removed, but must be replaced by SOPOR. All removal and replacement must be coordinated with the County. All exotic vegetation will be hand removed, not openly sprayed, and no regrowth shall be permitted during the term of the License. The entire wastewater treatment plant site shall be free of exotics within two (2) years, and shall be maintained in this condition throughout the life of the License Agreement. A minimum 18 inch high berm shall be constructed along the boundary of Parcel One and.Parcel Two, as delineated in Exhibit "A", utilizing surface material available on site. The continuous berm shall be maintained by SOPOA for the term of this License Agreement. • Any material or structure proposed to be positioned on Parcel Two must be approved by the Utilities Department, and shall be elevated above the Bound surface a minimum of 18 inches. In the event that future County construction necessitates a vacation of Parcel 2, County shall notify SOPOA in writing twenty- four (24) months in advance of construction event, • All utilities associated with the License Agreement shall be coordinated by SOPOR, and shall be installed so as to not enter or encroach upon Parcel Two, SOPOR agrees to accept the aforementioned reclaimed water, and to continue to adhere to the terms of the Irrigation Agreement executed September 29, 1989. Additionally, in accordance with the above vacation notice, SOPOA agrees to abandon to the County all on-site irrigation facilities, utilizing SOPOA-owned facilities as a substitute. 00!164,::000 10:58 FAX 7722310342 Wimess MNLkT jX I -- SIG'�AnM PAGE 04A" NIET2R _--iGRE' ENfE?VT 4 013 r �ikac 1 i SEA Oc XM III COOoM MINIM .1,SSaCL�'TION; Ina By: L.a. Ian Shawl Presides?E SEA OA64YS i'r L0��30AY�YIL 1� .AJISSOCLA710N. Inr. By�� /tet L,S. Russe![ Taws, Pr:9iaeat UU/111: GUUb lu: an r" I I4ZJlUo4L tA' :tn(;!is >ir mess witn ;is • ay !G C4R�q': �AnOrt f a�.ttCl7 :yh` �� Le! U 14 SEA OW M COM)0j%piTNfLTs ikisoC ±afrysrj Inc. i rte, St]awt Prpmdent SEA OAKS For Cr)4NwDONnALNjT d SSOC1.•Jno© 6 , TRC 3:'• _ ___ L.S. RL'SSCiI �'iL^..51 .'rC$i(�CIf ASSOC14 ON. Inc. By: ,ut-:n Ecrkzr, �re�id�t TGTti. P.07 UH/ILi; 2 UUH IU:48 PAX 77GLJIUJIZ CONSENT INDIAN RIVER COUNTY DEPARTMENT OFUTILTY SERVICES INTEROFFICE MEMORANDUM DATE: NOVEMBER 22, 2005 TO: JOSEPH A. BAIRD, COUNTY ADNMSTRATOR FROM: CINDY CORRENTE, INTERIM ASST IR .- UTILITY SERVICE THRU: ERIK OLSON, DI ECTOR'�RVICES SUBJECT: ADDITIONS TO AN EXISTINQ CONTRACT WITH SEA. OAKS PROPERTY OWNERS ASSOCIATION, INC, BACKGROUND: On October I9, 1999, the County and the Sea Oaks Property Owners Association, Inc, (SOPOAI, entered into a License Agreement for use of County Property. The agreement, and an attachmant known as ANNEX I, provided for multiple use of the County's Waste Water Treatment Facility,W (WTF) site located off State Road AIA. ANALYSIS: )recently, SOPOR officials, after consulting with SOPOR legal consultants, asked that some modifications be made to the existing agreement, in particular ANNEX 1 of the Agreement. 'Macy have asked that the following be deleted: a. `Restricted access to Parcel One shall be made available from a single -gated location, the lncalion of which shall be coordinated with the County Utilities Department." b. "Access to Parcel Two shall be by foot traffic only, and not be from AIA, or the adjacent eonstructiou/utility eascmeat." a "Only those $ea Oaks employees/authorized to cuter the site will bo allowed access. Parcel One shall not normally be accessible by Sea Oaks residents. Parcel Two is strictly off-limits to the public, acid shall be enforced by signage provided by SOPOR,." WJ UUP F:%Ud1ItimslurILITY - EMPLOYEE FOLDEASVuvcu Dwght4yVea oakspiopmy owr&s woe aMm4ntant10aroma III U 03,dot 1123 Ifni ,u:::uIfa lue ya cna 1 1 c Q of Iuu-1 .: Furthermore, they 1 -lave asked that the following language be inserted into ANNEX I of the Agreement: a. Restricted access to Parcel One shall be made available from an existing gated entrance located on SR ALA, together with a foot -traffic only eatrttnee from the Sea Oaks community, as approved by the County Utititiea Department. b. Access to Parcel 1 & 2 may be from AIA., or the adjacent coustructionfutility casement. c. Only those Sea Oaks employees, and anthorized delivery or construction perso=el authorized to enter the site shall be allowed access. Parcels 1 & 2 shall not normally be accessible to Sea Oaks residents. Parcels 1 & 2 are strictly off- limits to the public, and this restriction shall be et =ed by SOPOR. d. Parcel ?, located adjacent to SR AIA, shall be cleared of exotic vegetation and foliage. The entire wastewater treatment plant site shall be free of exotica arid sball be maintained in this condition throughout the life of the License Agreement. SOPOR shall coordinate with the Florida Department of Transportation for maintaining the right-of-way buffers along SR AIA.. RECOMMENDfkTTON: The staff of the Department of Utility Services recommends that the Board of County Commissioners approve the attached first Amendment to License Agreement For Use of County Property. Attachments: (2) First Amendment to License Agreement for Use of County Property Annex I of the License Agreement Between Sea Oaks Property Owners Assoc., Inc. APPROVED FOR AGENDA BY: .— Jos Baird, County Administrator Indian ltiverCo_ FCRR 3zo G Admtttietrntion Dale � CtUtticr Nudact RMI Approvod I Mite kWtilf M=W TiLiTY - EMPLOYEE FOLDERSV a;Ax D_ughfffty\sea cuki FroPany nwncra Nag umcndri=-a w annex 1 1122 OS.d= 124 FIRST AMENDMENT TO LiCENSE AGREEMENT FOR USE OF COUNTY PROPERTY THiS FIRST AMENDMENT TO LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY ("Amend rh ent") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County"), and SEA OAKS PROPERTY OWNERS ASSOCIATION, INC., a Florida non-profit corporation ("SOPOA"), is dated November 30, 2005. BACKGROUND RECITALS: A. On. October 19, 1999, the County and SOPOR entered into a License. Agreement for Use of County Propeity ("Agreement") for the use of the Sea Oaks Wastewater Treatment Fael%r ("WWiF"} site located off State Road A1A. B. The Agreement provided for multiple use of the County's WW!•F as more specifically set out ori 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 partles 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 gateid location, the location of which shall be coordinated with the County Utilities 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 will be allowed access, Parcel One shall riot normally be accessible by Sea Oaks residents, Parcel Two is strictly off-limits to the public, and shall be enforced by signage provided by SOPOR". ' 2, From and after the effective date of this Amendment, the parties acknowledge 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 entranca located on )R AIA, together with a foot traffic only entrance for members of the Sea Oaks community as EIpproved by the County Utilities Department. b. Access to Parcels 1 & 2 may he from A)A or the adjacent constructian/utility easement. 1 125 J - -.' 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 SOPOR. d. Parcel 2, located adjacent to SR AIA, shall be oleared 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 malntalning the right-crf-way buffers along SR AIA. �t. Except as amended by this Amendment, the terms of the Agreement shall remain in full force and effect. 4-9 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 By Deputy Clork Approved. �w Joseph - • County Administrator as to form :iencv;/ Wry E: FP i4P` .� f Assistant County Attoimey N INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By: Date Approved by BCC 126 Witnesses- Prince N me: Zng Lovr Printed' Name: SEA OAKS PROPERTY OWNERS ASSOCIATION, INC. ' +051_w] I* V1 1011111 ILA _m I - N_ Date y ( STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged bef a this &v day of �d �.- 12005, by Robert Mclnnls, President of S S PROP OWNERS ASSOCIATION, INC„ a Florida non-profit corporation, a ehaif of said cor tion. Sig Stamped Commissioned Naine of Notar; F with Commission Expiration Date and SuLd /Personally Known Type of Identification Produced - S"7 tate of Florida lic J��r�>,,t��y .� MYC6L1lNkI0N#' DDU04 76 WIFES ���. ]Qu,cry t4 2nos ,,,�'f IOf667L`lt1YCA'FH41H0.YLKLlMG i OR Produced Identification 3 127