Loading...
HomeMy WebLinkAbout2016-005 AGREEMENT FOR USE OF JUNGLE TRAIL LOGOS AND FRUIT BOX LABELS This Agreement for Use of Jungle Trail Logos and Fruit Box Labels (Agreement) entered into this 1 7th day of January, 2016, by and between the Board of County Commissioners of Indian River County, 1801 27th Street, Vero Beach, Florida 32960 (COUNTY), and E Michael Stutzke and his wife, Sue Stutzke, 220 S E. Bella Strano, Port Saint Lucie, Florida 34984 (Stutzkes), and the Indian River County Historical Society, Inc., a Florida not-for-profit corporation, 2336 14th Avenue, Vero Beach, FL 32960 (Historical Society) WITNESSETH WHEREAS, Jungle Trail runs along the east bank of the Indian River Lagoon from approximately Old Winter Beach Road north through the Town of Orchid until it ends at its intersection with Highway A-1-A near Seaview Drive, and WHEREAS, Jungle Trail was recognized by Indian River County as a historic and scenic road in 1982; by the State of Florida as a Florida Greenway in 1995 during Florida's Sesquicentennial Celebration, and in 2003 was listed on the National Register of Historic Places by the United State Department of Interior; and WHEREAS, Jungle Trail is steeped in' local history by providing access to locations such as Jones Pier, the Captain Forster Preserve, to Pelican Island (the first National Wildlife Refuge) and several citrus groves that were marketed as Jungle Trail Fruit; and WHEREAS, E. Michael Stutzke and his wife, Sue Stutzke, are long time Indian River County residents who were active in the citrus industry marketing Orchid Island 1 i! i II i grapefruit and enjoy the history surrounding the citrus industry in Indian River County, I and WHEREAS, the Stutzkes registered and own the trademark on the Jungle Trail �I Fruit Co. fruit box label and the Historic Jungle Trail logo (hereinafter, Logos), and WHEREAS, the Stutzkes, with the assistance of the Historical Society, seek to promote the unique character of Jungle' Trail by placing artistically designed signs bearing the likeness of the trademarked Logos; and WHEREAS, the Stutzkes wish to further permit the use of the trademarked Logos at events that promote Jungle Trail, NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the County, Stutzkes and the Historical Society agree as follows 1. The Stutzkes shall permit the Historical Society to use the likenesses of the Jungle Trail Logos (attached to this Agreement) to have up to four artistic signs made (some smaller signs may be installed along the trail in the three Parks along the Trail) and shall permit the County to install these signs on County owned property along Jungle Trail to mark, advertise and promote Jungle Trail and its history. 2. The Historical Society shall raise funds through grant writing or other means to fund the purchase of the signs 3. The County, Stutzkes and Historical Society shall all work together in determining the safest and best locations for the signs along Jungle Trail in accordance with state and local regulations. 4. For preservation of trademark purposes, all signs shall include a reference on the sign that the Logo is property of the Stutzkes �I I' i. 5. This Agreement shall act as permission by the Stutzkes for the County and the Historical Society to use the Logos solely for the above mentioned signs and not a transfer of ownership. 6. The term of this Agreement shall commence on the date of approval of this Agreement by the Board of County Commissioners and expire ten (10) years afterwards. Either party may, during the term of this Agreement, cancel this Agreement by giving the other party at least ninety days' written notice 7. It is contemplated by this Agreement that additional events promoting the uniqueness of Jungle Trail may be held in the future and that the Logos may be featured on t-shirts, posters, advertising or other similar media The Stutzkes may grant their consent for additional uses of the Logos by a simple correspondence addressed to the County and the Historical Society. The Stutzkes' consent for additional uses of the Logos shall be on a case by case basis. 8. To the extent allowed by law, the County agrees to hold the Stutzkes and the Historical Society harmless from any and all claims for damages which may occur as a result of the use of the logos or signs by the County, except for claims which arise out of the sole negligence on the part of the Stutzkes and the Historical Society 9. To the extent allowed by law, the Stutzkes and the Historical Society agree to hold the County harmless from any and all claims for damages which may occur as a result of the use of the logos and signs by the County, except for claims which arise out of the sole negligence on the part of the COUNTY i j IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ""'•• ..�X1 COAtM7s. ATTEST: By wt Jeffrey R. Smith, Clerk of Circuit Court Bob Solari, ChairmanAnd Comptrollero�\o. IVCOUNN•�:•' By Date Approved. .1anuary?2- 2016 Deputy Clerk AS TO THE STUTZ S: WITNESSES E MicKRISTA J.l MY COMMISSION 9 FF 024908 : = EXPIRES:October 6,2017 Bonded Thru Notary Public Underwriters i Sue Stutzke AS TO THE HISTORICAL SOCIETY- WITNESSES: INDIAN RIVER COUNTY HISTORICAL SOCIETY, INC. By 4/" Carolyn Bay ss, Presid nt APPP.OVED AS TO FO 4 AL S F! IIY .-....m.. V iLt_l9.M K.SSE3i4°�il. oFPuTf couPrryATTG RMY I yf% jz IN, tau ,4A 1 0 e. 6 A� W �Z<•: (i.f e r c•M _ .j1r ' "` ;;401 Tp A F.. It. h JI 0-: 0,IV JA 777 --F'77(pl;.;rVj4 Ilk; rW, id zA- 4 ©® to