HomeMy WebLinkAbout2013-088 TEMPORARY LICENSE AGREEMENT FOR USE OF 2zJ3 . Q88
VERO BEACH MUNICIPAL AIRPORT PROPERTY
This Temporary License Agreement for Use of Vero Beach Municipal Airport Property,
hereinafter "Agreement, is hereby granted this 7th day of May , 2013 , by the
CITY OF VERO BEACH, FLORIDA, a Florida municipal corporation, whose mailing address
is Post Office Box 1389, Vero Beach, Florida 329614389, hereinafter " Licensor, " to the
BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a
political subdivision of the State of Florida, whose mailing address is 1801 27`h Street, Vero
Beach, Florida 32960, hereinafter "Licensee, " to occupy, maintain, and utilize a designated
portion of City Municipal Airport property situated in the State of Florida, County of Indian
River, and City of Vero Beach, as more fully described in Exhibit A, attached hereto
and
incorporated herein by reference, under the terms and conditions listed below. In consideration
of the mutual covenants contained herein, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, Licensor and Licensee agree as follows .
1 . Licensee has requested permission to use a portion of Pro Flite Drive lying between
Parcels 5 and 6 of the Vero Beach Municipal Airport real property as more fully depicted in
Attachment A, attached hereto and incorporated herein by reference, hereinafter "Licensed
Premises," for the express limited purpose of allowing the Senior Resource Association, Inc.
("SRA"), Licensee ' s Transit Provider and Licensee ' s Community Transit Coordinator, to
temporarily utilize the Licensed Premises as a temporary bus and public transportation hub
("Transit Hub") with temporary shelters, temporary restroom facilities, temporary signage and
temporary fencing. Licensee agrees to pay to Licensor the total sum of twenty-five dollars
($25 . 00) in exchange for the temporary use of the property .
2 . Licensor hereby grants to Licensee a non-exclusive license to temporarily occupy, secure,
maintain, and utilize the Licensed Premises pursuant to the terms and conditions of this
Agreement for the limited purposes specified in paragraph 1 above.
3 . Licensee, its designated members, officers, leaders, directors, employees, volunteers;
agents, representatives, permitted assigns and subleasees, invitees, guests, and Transit Hub
patrons, under direct supervision of Licensee ' s authorized supervisory staff, shall have the
limited right to enter upon the Licensed Premises for the sole purposes specified in paragraph 1
above. Licensor and Licensee find that the licensing and the use of the public lands by Licensee
for the purposes stated herein constitute a public use and benefit to the community of Indian
River County by providing a community public transit system.
4 . The term of this Agreement and the license granted hereunder shall terminate at the end
of the twenty-fourth (24`h) month from the date this Agreement is fully executed or whenever the
permanent Transit Hub facilities are finalized and available at the 161h Street, Vero Beach, Indian
River County location, whichever is earlier, unless this Agreement is terminated or modified
according to the terms and provisions contained herein.
5 . Licensee may terminate this Agreement at any time by providing sixty calendar days
written notice . In the event that a developer provides Licensor wi
, written a bonafide plan to develop
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the Licensed Premises, which plan is approved by the Airport Commission and the City Council
of the City of Vero Beach, Licensor may terminate this Agreement by providing six months '
notice. Licensor shall assist Licensee with a relocation plan should this Agreement be terminated
pursuant to this paragraph.
(a) If this Agreement is terminated during the term, and unless otherwise
agreed by Licensor, Licensee shall have thirty (30) days to remove or cause the removal
of all temporary shelters, restroom facilities, fencing, signage, persons, motor vehicles,
and other personal property from the Licensed Premises and repair and clean the
Licensed Premises to a reasonably good condition, substantially similar to the condition
of the Licensed Premises as it was at the effective date of this Agreement, reasonable
wear and tear excluded.
(b) If Licensee fails to remove the temporary structures, fencing, signage,
persons, motor vehicles, and other personal property and/or fails to promptly repair and
clean the Licensed Premises within the time set forth in paragraph S (a), above, or within
a time otherwise agreed to by Licensor, or if Licensor has determined that public interest
requires immediate removal, Licensor may complete the removal and repair, or hire a
third party to do so, and Licensee shall bear the cost of such removal or repair and hereby
waives any right to contest Licensor' s right of recovery against Licensee.
6 . During the term of this Agreement, Licensee, its designated members, officers, leaders,
directors, employees, volunteers, agents, representatives, permitted assignees and subleasees,
invitees, guests and Transit Hub patrons shall not interfere with Airport operations or use of
surrounding roadways or Airport tenant operations. Licensor shall reserve to itself the right to
let, license, or allow use of any other portion of the Vero Beach Municipal Airport for any lawful
purpose, provided such use does not unduly interfere with the Licensee' s authorized use of the
Licensed Premises .
T Licensee shall at all times occupy and use the Licensed Premises and operate its Transit
Hub activities in a safe and efficient manner and in such a manner as not to cause any conflict
with Airport operations or use of surrounding roadways or Airport tenant or other Licensee
operations .
8 . Licensee shall not occupy, use, or permit, the occupation or use of the Licensed Premises
or any part thereof, for any unlawful or illegal purpose, nor in such manner as to constitute a
nuisance of any kind, nor for any . purpose or in any way in violation of any present or future
federal or state laws, rules, requirements, orders, local ordinances, and/or regulations, and further
agrees that the same shall be used solely for the purposes as stated above.
9 . Licensee shall instruct, monitor, and manage its designated members, officers, leaders,
directors, employees, volunteers, agents, representatives, permitted assignees and subleasees,
invitees, guests and Transit Hub patrons to stay inside of the Licensed Premises only, and not to
enter the secured airfield without authorized supervision, or cross any runways, taxiways , or
other. adjacent Airport commercial or aviation-related facilities. Licensee hereby confirms the
understanding that any violation of these restrictions could render the individual and the
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i
organization liable for substantial Federal fines for violations of established Federal Laws and
Regulations applicable to Airport facility access and use.
10 . Licensee shall at all times during the term hereof keep all portions of the Licensed
Premises free and clear of trash and debris and all hazardous materials. Upon expiration or
termination of this Agreement and the license, Licensee shall be responsible for and ensure that
the Licensed Premises, together with surrounding adjacent properties or public roadways or
drainage facilities, shall all be cleaned and left in a condition substantially similar to the
condition of the Licensed Premises and other property prior to the Agreement and to the
satisfaction of Licensor.
11 . Licensee covenants that, during the term of this License, the Licensee will, at its own
expense, be responsible for maintenance of the Licensed Premises and shall keep in good order
and repair all improvements, and the Licensor will have no responsibility for the maintenance of
the Licensed Premises, including any improvements thereon. Any . temporary restroom facilities
shall be kept in a clean and sanitary condition at all times . At the termination of the term of this
Agreement, Licensee shall have thirty (30) days to remove or cause the removal of all temporary
shelters, restroom facilities, fencing, signage, persons, motor vehicles, and other personal
property from the Licensed Premises and repair and clean the Licensed Premises to a reasonably
good condition, substantially similar to the condition of the Licensed Premises as it was at the
effective date of this Agreement, reasonable wear and tear excluded .
12 . Licensee shall be permitted to assign, sublease or transfer any part of this Agreement to
the SRA or Licensee ' s then current Transit Provider or Community Transportation Coordinator
upon notice to Licensor. Licensee shall not assign, sublease or transfer this Agreement to any
other parties without the written consent of Licensor. Licensee shall not mortgage or otherwise
encumber the Licensed Premises.
13 . No later than fifteen ( 15 ) business days following the date of execution of this Agreement
andprior to Licensee ' s use of the Licensed Premises, Licensee shall provide to Licensor a
detailed site plan showing all improvements contemplated under this Agreement, including . the
location of the temporary shelters, temporary restroom facilities, temporary signage and
temporary fencing on the Licensed Premises, and any other on-site equipment involved. Such
site plan is subject to the approval of the Licensor.
14 . Licensee shall %be responsible for and provide all security to maintain safety and control
during the term of the Agreement. Licensee shall be responsible for and comply with all safety
and security provisions or requirements that the Vero Beach Municipal Airport, Vero Beach
Police Department and/or Indian River County Emergency Services deem appropriate for
protecting the public health, safety or welfare. No later than fifteen ( 15) business days following
the date of the execution of this Agreement and prior to Licensee ' s use of the Licensed Premises,
and at such other times as Licensor may desire, Licensee shall meet with Licensor and
representatives of the Vero Beach Municipal Airport, Vero Beach Police Department and/or_
Indian River County Emergency Services and shall provide detailed plans and description of
security and traffic control measures to be taken by Licensee during the term of this Agreement.
Licensee shall be responsible for and provide supervision of the Transit Hub vehicular activity
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f _
for or associated with the Agreement to preclude impeding emergency vehicle traffic. Licensor
and Licensee shall work together to assure that the plans are sufficient to meet the health, safety,
and welfare requirements of the public and to minimize potential for interruption of access to, or
operations of, the Vero Beach Municipal Airport. Included with the above-referenced plans and
schedules shall be the daily anticipated routing schedule of the Transit Hub bus activity and an
estimate of the number of participants and invitees, guests or Transit Hub patrons anticipated to
utilize the Licensed Premises.
15 . Except as provided in this Agreement, Licensee shall not make improvements to the
Licensed Premises without the express written permission of Licensor.
16 . To the extent allowed by law, Licensee hereby releases and shall indemnify and hold
Licensor harmless from and against any and all liabilities, claims, demands, damages, actions,
lawsuits, judgments, penalties, losses, costs, or expenses, of any kind or nature, including, but
not limited to, costs of investigation and attorneys ' fees and costs through trial and appeal,
arising out of, incidental to, or in any way connected with the condition of the Licensed
Premises, to the extent that such condition arises out of or is caused by Licensee ' s use
or
occupation of the Licensed Premises and is not caused by the negligence or is the fault of the
Licensor.
17 . Commercial General Liability Insurance . During the term of this Agreement, or so long
as Licensee is in possession of the Leased Premises, Licensee shall procure, maintain and pay for
commercial general liability insurance and automobile liability insurance providing coverage
which protects Licensee and Licensor, from any and all claims and liabilities for bodily injury
and property damage arising from operations, premises, fire, and other related issues. Such
insurance coverage shall have a combined single limit of not less than $ 1 ,000 ,000 .00 . The
insurance policy shall name Licensor as an insured and shall be endorsed to include provisions
for at least thirty (30) days advance notice to Licensor by the insurer prior to any policy change,
amendment, termination, or expiration of coverage . Licensee shall direct its insurance agent to
provide Licensor with a policy, a copy of the additional insured endorsement containing
language no less restrictive than ISO Form CG 20 10 07 04 or ISO CG 20 33 07 04,
and a
certificate of insurance stating that the coverages as provided herein are in force prior to the
commencement date of this Agreement. Licensee' s insurance shall be primary and any other
insurance that may be maintained by the City shall be in excess of and shall not contribute with
Licensee ' s insurance.
18 . Licensee agrees and acknowledges that this Agreement provides Licensee with no
leasehold or other property interest, and allows the use of the Licensed Premises only for the
purposes stated herein, at Licensor' s sufferance. Licensee shall ensure that Licensee' s use of the
Licensed Premises will not unduly interfere with Licensor' s use of said property.
19 . Notice. Any notices which are required, or which either party may desire to serve upon
the other, shall be in writing and shall be deemed served when hand delivered, or when actually
received via U . S . Mail, postage prepaid, return receipt requested, addressed :
To Licensee at:
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Indian River County
Attn* Public Works Director
1801 27th Street
Vero Beach, Florida 32960
To Licensor at:
City of Vero Beach
Attn: City Manager
1053 201h Place
P . O . Box 1389
Vero Beach, Florida 32961 - 1389
These addresses may be changed by either party by providing written notification to the other.
20 . This Agreement is made in the State of Florida and shall be governed by Florida law.
Venue for resolution of any dispute arising hereunder shall be in. Indian River County, Florida.
This is the entire written agreement between the parties and may not be modified or amended
except by a written document signed by both parties.
21 . The terms of this Agreement shall be binding on the respective successors, contractors,
representatives, agents and assigns of the parties .
22 . This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original and all which together will constitute one and the same instrument,
23 . In the event there arises any dispute or litigation over the terms and conditions of this
Agreement or Licensee ' s occupancy or use of the Licensed Premises each party shall be
responsible for its own attorneys ' fees, costs and suit money expended to resolve that dispute.
(The remainder of this page is left blank intentionally . )
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IN WITNESS WHEREOF, the •authorized representatives of the parties hereto have
executed this Agreement on the date first above written.
ATTEST: LICENSOR (CITY OF VERO BEACH) :
Signa Sign: P,
Tammy K. W,%Creaig Fletcher
City Clerk Mayor
via
tt Date signed • ��1 �J " �
WSW
[SEAL] ~
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument , was acknowledged before me this 13 day of
mcti. ! , 2013 , on behalf of the City of Vero Beach, Florida by A. Craig Fletcher, as
Mayor, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida. Both
are personally known to me.
SHERRI PHILU
MY COMMISSION # EE 222066
_ I EXPIRES: December % 2016
NOTARY PUBLIC ;pP, ;,a� Bonded ThruNotaryPubllcUnderwriters
Commission No . :
My Commission Expires :
Approved as to form and legal Approved as conforming to municipal
s tciency: po
l
Wa+j R. Coment J es R. O ' Connor
City Vttorney City Manager
Approved as to technical
requirements :
Ericson W. Menge
Airport Director
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BOARD OF COUNTY COMMISSIONS OF INDIAN RIVER COUNTY, FLORIDA
Licensee
ATTEST. BOARD OF COUNTY COMMISSIONERS AA�se.au�yar
OF INDIAN RIVER COUNTY, FLORID41rd.. .SSIONFace
gd'''o•
• � Q '
lip : Je ey R. Smith sep E. Flescher, Chairman : *; ,
J. R . SMITH •°'•.,. ••�. t • , � ± °�
CLERK CIRCUIT COURT .�� No� E • o� ,.•°
[SEAL] ••.�;�N RN,R, ,,.,,� i
Approved as to form and legal sufficiency,
r;rAlan S . Polkk*icYSr.
Approved.
seph Baird
ounty Administrator
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
WaV 2013 , on behalf of the Board of County Commissioners of Indian River
County, /Florida by Joseph E. Flescher, as Chairman, and attested by Jeffrey R. Smith, as Clerk
of the Court. Both are personally known to me.
* * WM05910N t EE 123140
40TARY PUBLIC �� ExPIRE8• Augustf8, 2015
�AoR �cl� BaidedTNuBu�t1�, S
Commission No . :
My Commission Expires@ U
�J
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Property Description
Vero Beach Airport Right of Way
(#2013-LA-212)
April 15 , 2013
EXHIBIT "A'$
PROPERTY DESCRIPTION
LICENSE TO USE CITY RIGHT OF WAY 2013=LA412
VERO BEACH MUNICIPAL AIRPORT
Situated in the State of Florida , County of Indian River, City of Vero Beach , and
being a part of Section 34 , Township 32 South , Range 39 East and being more
particularly bounded and described as follows :
All of the Pro-Flite Drive right of way lying between Airport Drive and Piper Drive ;
Containing 49 , 500 square feet or 1 . 14 acres more or less .
GPY o
*ease * 009009
O A •.., , •. . . . ••' 5� .�•
David R . Gay, PSM 973
SAProperty Descriptionsl201312013-LA-212 Airport RW Apr 15 2013.doc
Sheet 1 of 2
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VERO BEACH MUNICIPAL AIRPORT 0 1
i PARCEL 6 ,
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PARCEL 8 (I
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PRO FLITS DRIVE 90 ' R /W PRO FLITE DRIVE x
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- - - - - - W 544 . 7 ' �
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85 ' R /W
FLIGHT SAFETY INC . 1 O
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1 I DAVID GAY, PS #5973 . DATE
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THIS SKETCH IS NOT A SURVEY G v•,
REV. NO. •••
EXHIBIT " AA
CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTION r _ "'
LICENSE TO USE CITY RIGHT OF WAY CITY PROJECT NO. >
DEPARTMENT OF PUBLIC WORKS PRO ELITE DRIVE 2013— LA- 212
DATE OR" BY CNKD BY _ 6.; ,,,+_ g L .
SURVEY & ENGINEERING DIVISION VERO BEACH MUNICIPAL AIRPORT 04/2013 DG MKF :. 4 ••' 4We J
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