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HomeMy WebLinkAbout2015-0771 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT (hereinafter "Agreement") is entered into as of the Effective Date provided for herein by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "COUNTY") and. the CITY OF VERO BEACH, a Florida municipal corporation (hereinafter "CITY") in order to provide for release of certain contractual land use restrictions encumbering the CITY -owned former Dodgertown nine -hole golf course property and CITY cooperation and assistance regarding certain roadway improvement projects for Aviation Boulevard, 43rd Avenue, and State Road 60 in the area of 43rd Avenue. COUNTY and CITY may also be referred to herein as a "Party" or collectively as the "Parties." RECITALS: WHEREAS, on November 17, 2005, the CITY purchased 37+/- acres of real property commonly known as the former Dodgertown nine -hole golf course (hereinafter "City Property"); and WHEREAS, on November 17, 2005, the CITY, Los Angeles Dodgers, LLC (hereinafter "DODGERS") and DT Commons, LLC (hereinafter "DT COMMONS") executed that certain Second Amendment to the Collgteral Development Agreement, recorded on November 17, 2005, which provided at paragraph 3 that the CITY shall develop the City Property solely as (i) a municipally - owned public golf course, or (ii) green space, or (iii) park -like setting, or (iv) any combination of the foregoing three uses (hereinafter "Use Restrictions"); and WHEREAS, pursuant to said Second Amendment to the Collateral Development Agreement, the CITY was not to develop and/or permit the use of the City Property for any other use or purpose whatsoever without the prior written consent of both the Dodgers and the County, which consent could be granted or denied by either the DODGERS or the COUNTY in the exercise of their respective sole and absolute discretion; and WHEREAS, on November 17, 2005, the CITY and the DODGERS executed that certain Declaration of Covenants, Conditions, and Restrictions, recorded on November 17, 2005, limiting the City's use of the City Property to the Use Restrictions as stated in the Second Amendment to the Collateral Development Agreement; and WHEREAS, in February 2008, the COUNTY succeeded to all interests of the DODGERS in said Second Amendment to the Collateral Development Agreement and Declaration of Covenants, Conditions, and Restrictions, as outlined in Article 3 of the Third Amendment to Facility Lease Agreement dated February 19, 2008, and recorded on March 17, 2008, leaving the COUNTY and the CITY as the sole parties in interest with respect to the documents as they relate to the City Property; and WHEREAS, on June 1, 2011, the COUNTY and the CITY completed an exchange of certain parcels of land included in the original Collateral Development Agreement, dated and recorded on August 29, 2001, in order for the COUNTY to develop a cloverleaf ball field on a 11.93 acre parcel (hereinafter "Cloverleaf Property"); and Page 1 of 6 3120150024116 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK. 2840 PG: 1541 Page 1 of 26 4/21/2015 3 32 PM N:\Client Docs\City Council\Agreements\Dogertown.Golf.Course\2014.09.25.Term.Use.Restric.Etc.4.6.2015.docx WHEREAS, on May 3, 2011, in light of the Use Restrictions in paragraph 3 of the Second Amendment to Collateral Development Agreement and the COUNTY's reserved right of consent provided therein to allow other uses, the COUNTY's Board of County Commissioners (hereinafter "Board") adopted Resolution 2011-34, recorded on August 11, 2011, whereby the COUNTY gave its written consent to allow the Cloverleaf Property to be developed by the COUNTY into (i) baseball fields, or (ii) any purpose consistent with the purposes of the baseball facilities as defined in the 2001 Collateral Development Agreement; and WHEREAS, on June 1, 2011, the COUNTY and the CITY executed the First Amendment to Declaration of Covenants, Conditions, and Restrictions, recorded on August 11, 2011, to remove the Use Restrictions on the Cloverleaf Property and transfer such Use Restrictions to the 10.38 acre parcel the CITY received in that parcel exchange; and WHEREAS, the COUNTY has planned or is planning certain roadway improvement projects for Aviation Boulevard, 43rd Avenue, and State Road 60 in the vicinity of 43rd Avenue (hereinafter collectively "Roadway Projects"), all of which Roadway Projects are in the general vicinity of the City Property; and WHEREAS, the City Council of the City of Vero Beach (hereinafter "Council") finds it desirable and has requested the cooperation and assistance of the COUNTY and the Board to terminate the Declaration of Covenants, Conditions, and Restrictions and remove from the aforementioned Board Resolution 2011-34, the Second Amendment to the Collateral Development Agreement, and the First Amendment to Declaration of Covenants, Conditions, and Restrictions, all language related to and imposing the Use Restrictions on the City Property; and WHEREAS, the Board finds desirable and requests the cooperation and assistance of the CITY and Council in furtherance and accomplishment of the Roadway Projects in an efficient and economical manner; and WHEREAS, at its August 19, 2014 Board meeting, the Board directed COUNTY staff to work with CITY staff on a joint agreement to release and discharge the Use Restrictions encumbering the City Property; and WHEREAS, staff from both local governments have worked diligently together to draft the provisions of this Agreement in order to address and accomplish the purposes and intent hereof; and WHEREAS, nothing in this Agreement shall modify the rights and obligations of the CITY and the COUNTY with respect to the Parking License Agreement, dated June 1, 2011, and recorded on August 11, 2011, and the License Agreement #2010 -LA -0145 for Use of City Real Property (Signs), between the CITY and MILB Vero Beach, LLC, dated April 5, 2011, and recorded on April 7, 2011; and WHEREAS, the Board and the Council have reviewed and duly considered this Agreement and find that the provisions contained herein serve important governmental purposes and are in the best interests of the public, Page 2 of 6 N:\Client Docs\City Council\Agreements\Dogertown.Golf.Course\2014.09.25 Term.Use.Restric.Etc.4.6.2015.docx NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: A. Adoption of Whereas Clauses. The foregoing Recitals are true and correct and by this reference are incorporated herein and made a part hereof. B. CITY Obligations. Except as otherwise provided herein, City agrees to perform the following within three (3) months of the Effective Date of this Agreement: 1) Grant to the COUNTY a 0.20 acre parcel adjacent to 43rd Avenue for additional right of way (see Exhibit 1, attached hereto and incorporated herein); and 2) Grant the following easements to the COUNTY: (a) easements across the City Property to provide a drainage connection from Aviation Boulevard (26th Street) and 43rd Avenue to the Cloverleaf Property pond (see Exhibit 2, attached hereto and made a part hereof); (b) a drainage easement for that portion of the Cloverleaf Property pond constructed on the City Property (see Exhibit 3, attached hereto and incorporated herein); and (c) an access easement on certain portions of the City Property and other City -owned property adjacent to the south property line of the CITY and COUNTY parcels in accordance with the February 2011 Property Exchange Agreement executed between the Parties (see Exhibit 4, attached hereto and incorporated herein); and 3) Dedicate Tract A of Poinsettia Park lying south of Atlantic Boulevard and west of 42nd Avenue as public right-of-way and provide for it to be used by or transferred to the Florida Department of Transportation for improvements to State Road 60 (see Exhibit 5, attached hereto and incorporated herein); and 4) At such time as the CITY shall develop, sell or transfer its interest in or possession of the City Property, all future site plans and zoning requests shall maintain compatibility with the COUNTY's baseball facilities and other approved uses on the adjacent County property consistent with the CITY's land use regulations, and shall be required to meet the approval standards of Code section 64.10(a) that the site plan be consistent with the pertinent goals, policies, and objectives of the City Comprehensive Plan. Objective 3 of the Land Use Element of the City Comprehensive Plan provides for the establishment and maintenance of land use/development regulations that reduce and prevent land uses that are incompatible with adjacent development. The definitions of "compatible" and "incompatible" to determine consistency with this objective shall rely upon the definition in the latest edition of the Merriam Webster Dictionary. As a reviewing agency, COUNTY may provide comments to CITY staff Page 3 of 6 N•\Client Docs\City Council\Agreements\Dogertown.Golf.Course\2014.09.25 Term.Use.Restric.Etc.4.6.2015.docx as part of the CITY development review process, which comments will be included in the staff report(s) for consideration by the reviewing appointed or elected bodies; and 5) Reconfigure the proposed right-of-way for Aviation Boulevard roadway improvements between 43rd Avenue and Flight Safety Drive so that no additional right-of-way will be necessary to be obtained from the property currently owned by DT Commons, LLC located south of Aviation Boulevard (see Exhibit 6, attached hereto and incorporated herein); and 6) Amend Temporary License Agreement for Use of Vero Beach Municipal Airport Property dated May 7, 2013 to extend the subject agreement for two (2) additional years, from the current termination date of May 7, 2015 to May 7, 2017, or whenever permanent Transit Hub facilities are completed and put into service, whichever is earlier ("Amended Agreement"). Said Amendment shall be executed by CITY prior to May 7, 2015. (see Exhibit 7, attached hereto and incorporated herein). C. COUNTY Obligations. County agrees to perform the following within three (3) months of the Effective Date of this Agreement: 1) Terminate the Declaration of Covenants, Conditions, and Restrictions, releasing the City Property from all Use Restrictions; and 2) Amend or otherwise modify Board Resolution 2011-34 and the Second Amendment to Collateral Development Agreement to release and remove reference to all Use Restrictions on the City Property; and 3) Grant the CITY a drainage easement over the Cloverleaf Property pond and outfall in accordance with the February 2011 Property Exchange Agreement between the parties (see Exhibit 8, attached hereto and incorporated herein); and 4) Incorporate a "Cure Plan" into the plans for the State Road 60 and 43rd Avenue roadway widening projects as mutually agreed upon by the CITY, COUNTY, and adjacent property owners, including but not limited to, extending the driveway connection from the businesses on Atlantic Boulevard west of 42nd Avenue to connect with Atlantic Boulevard opposite the driveway to Abbott's Frozen Custard (4140 20th St.), install a new irrigation well to replace the one currently in Poinsettia Park, and provide landscaping on both sides of the realigned Atlantic Boulevard at State Road 60 (see Exhibit 9, attached hereto and incorporated herein). D. Notices. All notices and other formal communications hereunder shall be in writing and delivered to the recipient Party at its address below: Page 4 of 6 N•\Client Docs\City Council\Agreements\Dogertown.Golf.Course\2014.09.25.Term.Use.Restric.Etc.4.6.2015.docx As to COUNTY: Indian River County Attention: County Administrator 1801 27th Street Vero Beach, FL 32960 E. Miscellaneous Provisions. As to CITY: City of Vero Beach Attention: City Manager 1053 20th Place P.O. Box 1389 Vero Beach, FL 32961-1389 1) Subject to the terms and conditions of this Agreement, each of the Parties hereto will take, or cause to be taken, all action, and to do, or cause to be done, all things necessary, proper or advisable under applicable Laws to consummate and make effective the intent and purpose of this Agreement, including, without limitation, from time to time after the execution and delivery of this Agreement and without further consideration, the Parties will, at their own expense, execute and deliver such documents to the other Party as such Party may reasonably request in order to evidence the consummation and accomplishment of said intent and purpose of this Agreement. 2) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for resolution of any dispute arising hereunder shall be in Indian River County, Florida. 3) This Agreement sets forth all the promises, agreements, conditions, and understandings, whether oral or written, between the Parties on the subject of this Agreement. No subsequent alteration, amendment, change, or addition to this Agreement will be binding on the Parties unless in writing and signed by them and made a part of this Agreement by direct reference. 4) In the event of any dispute or litigation relating to this Agreement, each party shall pay its own attorney's fees. 5) The terms of this Agreement shall be binding on the respective successors, contractors, representatives, agents, and permitted assigns of the Parties. However, neither Party may assign its rights or obligations hereunder without the prior written consent of the other Party. 6) This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. F. Effective Date. This Agreement shall become effective upon execution by both Parties, and after final written approvals by CITY's bond counsel, and by COUNTY's bond counsel, the cost of which reviews shall be borne by the respective Parties as to each Party's review. Page 5 of 6 N:\Client Docs\City Council\Agreements\Dogertown.Golf.Course\2014.09.25 Term.Use.Restric.Etc.4.6.2015.docx IN WITNESS WHEREOF, the Parties have caused these presents to be executed in their names, the day and year entered below. Attest: Jeffrey R. Smith Clerk of Court BY: OM_ C. ino Deputy Clerk [Seal] Approved: t seph A. aird ounty Administrator Attest: Tammy Vock City Clerk [Seal] Approved as to conforming to municipal policy, Jam-': R. O'Connor City Manager BOARD OF COUNTY COMMISS INDIAN RIVER COUNTY, FLO Wesley S. Davis, Chairman •2�.•• 4'.�; ./ BCC Approved: Apr i 1 14, 201 5'"'••••.••• Approved as to form and legal sufficiency: ylan Reingold County Attorney Council Approved: I — 7 —I �J Approved as to form and legal sufficiency: WaynComent City Att. ey Page 6 of 6 N\Client Docs\City Council \Agreements\Dogertown.GolfCourse\2014 09.25 Term.Use-Restric.Etc2-13.2015.docx 589'59' 13"E 50.00' J 21ST LANE POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 N 00'00' 47"E 750.13' 21ST PLACE 1 i r1) n I I v olo / \./ THIS SKETCH IS NOT A SURVEY S00'00' 47"W 1276.01' A 1 POINT OF BEGINNING (RIGHT OF WAY PARCEL) SCALE 1u= 100' S07'46' 44"E 139.55' —19.00' SO0'00'47"W 75.08' S10'28'14"W 33.06' 13.00' / 50' STA 1.1.5+49.75 50' RT S00'00'47"W 345.67' CITY OF VERO BEACH DODGERTOWN PARCEL 3A PARCEL #32-39-26-00011-0230-00001.1 SUBJECT DEED (0.20 ACRES FOR ADDITIONAL R/W) SO4'41'53"W 159.16' /p\S1R\G, �0NjRo'- -- G /'� R FPR\AS l 111-1-9-3o ,i,140i pAt CITY OF VERO BEACH DEPARTMENT OF' PUBLIC WORKS SURVEY DIVISION SKETCH OF PROPERTY DESCRIPTION DEED OF RIGHT OF WAY DODGERTOWN PARCEL 3A SECTION 3-33-39 EXHIBIT "1" IREV. HD. IADTHRZD9Y CITY PROJECT NO. 10111'M -9T IDATE DATE URNN BY I 0IKD IYDES011P110N 09/20141 DG I MKF I 2011-07 Lnc N04111 SECT9i1 ECnon LJN 54:"38-56-7 -75 �38 ao' 47"_ 26T_H_ STREET 10,01/_11. RIVER FAf1A15 WATER CONTROL 015TP1.CT CAVAL A3 S8915'39' E 738.46' 6 POINT OF BEGINNING \-969'45'39"E 589'45' 39"E POINT OF COMMENCEMENT , 75.00' 1141 COMER SEC11014 0]-33-311 113r ( ( I , 1 I'w 59 1 is 8 1 F U � ui b1. Iwo I-/ —50' THIS SKETCi I6 !FT A SURVEY 1. -SE 32.38.28-00011.0730-00001 DODGERTOWN PARCEL 1-A O.R. OK 1901, PG 958 CITY OF VERO BEACH I• �i i -� i •/' -.-� 0C' L'-3Tcu 56EP 1: •�• , 7RI1r EASEUCr,T S - - SEC710.4 LIME ]A_32-30 1101,1111SECT011 U11E 03-33-37 -•��^ -" ' ' L.,_ _ -• L. 32.3920-0001143230-000012 DOOGERTOVIT4 PARCEL 2•A O.R. OK 2317, FO 547 CITY OF VERO BEACH SUBJECT EASEMENT (DRAINAGE) 589'59'43"E 759.80' N89'59'43"W 765.89' N00'00'47"E 20.00' 32.3930-00011.923090001.1 DODGERTOWN PARCEL 3-A O.R. DK 1801, PG 968 CITY OF VERO BEACH N46'37'13"W 25.29' rJ co 1 0 V1 589'45'39"E 20.00' HOLMAN STADIUM 32-30-20410011-0235-00001.0 DODOERTOWN PARCEL 1-C O.R. BK 1420, PG 555 INDIAN RIVER COUNTY — 500'14'12"W 941 OS' 572'24'19"E 3.11' PORTION CF DODGERTOWN PARCEL 2-A O.R. BK I758, PG 553 INDIAN RIVER COU.NIY rr— 05 00 5011'11/CE GSEI1C111 CO 900•, 210, FACE 531 \\ PORTION OF 000GERTOWII PARCEL 3A 0.R. BK 2517, PG 551 INDIAN RIVER COUNTY 6.5500LEAF E/U11EIcs GLOWER -EAE BALLRELD PO1111 SCALE 1"= 300' u -' NO1 11' .....-0"--.1 ,00 �: I P. 1l 0 Q , f `tib I-„0,.., CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION SKETCH OF PROPERTY DESCRIPTION DRAINAGE EASEMENT TO COUNTY PORTION OF SECTION 03-33-39 REV. 110. EXHIBIT "2” AUTHRZO.DY CITY PROJECT NO, DRAM.BY 2011—EG-097 DATE DATE 09/2014 ORM BY DG CHKD BY MKF OESCR1011011 75L -L 500'00'47"W L S_OUTH_SECnDN UNE 33-32-39 30.00' 26TH STREET L r NORTH SECTION UNE 04-33-39 V' INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL A3 589'45'39"E 794.99' POINT OF COMMENCEMENT NW CORNER SECION 03-33-39 SCALE 1"= 250' 589'45'39"E 75.00' -143 J— I— 50' I , , I II 32-39-26-00011-0230-00001.3 ' w, I DODGERTOWN PARCEL 1-A Z, O.R. BK 1961, PG 956 ' z, i CITY OF VERO BEACH UJ, I Q, I o, .I I I1 I i , I � r � 1 � 1 , 71 -US SKETCH L9 NOT A SURVEY 1— 50' SOUTH SECTION UNE 34-37-39 NUNiN ECtION UNE U.1-3.1-.3,4.= 32-39.26.00011-0230.000012 DODGERTOWN PARCEL 2-A O.R. BK 2517, PG 547 CRY OF VERO BEACH NI w u-) N nI 17 0 U1 :50014.21"W 360.85 502'50'58"E 30.75' HOLMAN STADIUM 32-39-26-013011-0230-00001.13 000GERTOWN PARCEL 1-C O.R. BK 1426, PG 555 INDIAN RIVER COUNTY POINT OF BEGINNING PORTION OF DODGERTOWN PARCEI O.R. BK 1758, PG 523 INDIAN RIVER COUNTY CLOVERLLAF BALLFIELD FON L=280.76' R=352.00' ▪ 4 5 / CHD BRG=N20'00'01"E 1 / oD' CHD=273.37' N i / Q, ,D -. / r- 32-39-26-00011-0230-130001.1 OODGERTOWN PARCEL 3-A u7 : O . W ,r� O.R. BK 1961, PG 968 / r- DO p CITY OF VERO BEACH (V :.- / sr1 T7 O = / t co ▪ / JN SUBJECT EASEMENT P l o (DRAINAGE) `i / w / L=2130.76' R=352.00' CHD BRG=N25'41'58"W CHD=273.37' I°f 00 Ln / 0 , t / Y AFI J 0 CLOVER; EAF BALLFIELD POND PORTION OF DOOGERTOWN PARCEL 3-A O.R. 8K 2517, PG 551 INDIAN RIVER COUNTY CLOVER^LEA( OALLFIELDS • 1/4 N A o� trot -° �- 1'it0 C� Joh ��Il rR_..-- CITY / CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION SKETCH OF PROPERTY DESCRIPTION DRAINAGE EASEMENT TO COUNTY PORTION OF SECTION 03-33-39 EXHIBIT "3" REV. N0. MITHRZD.BY CITY PROJECT NO. IDRYIN.BY 2011—EG-098 i. DATE 0A1EDRBY j0EScRIP110N 9/201DAM DG I MKF SCALE 1"= 300' POINT OF BEGINNING S89'59'13"E 50.00' 0 z o 0 w v7 SOUTH SECTION LINE 34-32-39 NORTH SECTION LINE 03-33-39 50' POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 32-39-26-00011-0230-00001.1 DODGERTOWN PARCEL 3A O.R. BK 1961, PG 968 CITY OF VERO BEACH SUBJECT EASMENT (ACCESS AND IRRIGATION) r,, THIS SKETCH IS NOT A SURVEY CITY OF VERO BEACH N20'37'07"W 25.00' N00'00'47"E 25.71' DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION POND INDIAN RIVER COUNTY PORTION OF DODGERTOWN PARCEL 3-A O.R. BK 2517, PG 551 INDIAN RIVER COUNTY DRAINAGE EASEMENT 2011 -EG -099 POND R\JEgEPLH O \te a ?RG 50 25.00' / 4C°oo R I vel 25.00' SKETCH OF PROPERTY DESCRIPTION ACCESS EASEMENT TO COUNTY PORTION OF SECTION 03-33-39 / EXHIBIT "4" REV. NO / AUIHRZO.BY CITY PROJECT )!0. 2011 -EG -099 BATE BRYN BY 09/2014 DG CHKO BY MKF BESCRIPTIBN PP�� ?OVA PO. . til 4226 SOS SS _o1 5 tt2\6 2p Sj , \,6 PROPOSED SR 60 - [PROPOSED LINE - - EXISTING SR 60 [EXISTING LINE 42,3E,',`" SUBJECT PARCEL (TO BE DEDICATED AS RIGHT OF WAY) THIS SKETCH IS NOT A SURVEY STATE ROUTE 60 (100' R/W ) BLOCK 2 4140 20TH ST EXISTING SR 60 R/W LINE (OSCEOLA BOULEVARD) (20TH STREET) \_ /4 SECTION UNE 3-33-39 SCALE 1"= 50' �PROPOSED SR 60 R/W LINE CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION SKETCH OF PROPERTY DESCRIPTION PROPOSED DEDICATION OF RIGHT OF WAY TRACT A, POINSETTIA PARK REV. NO. EXHIBIT "5" AUDiR2D.BY CITY PROJECT HO. 2011-07 ORYM.eY DATE DATE 09/2014 ORYAI DY CHID 3Y DG MKF OESCRIP110u /" '4E -lib Set,. sr (PART 712,$00 s OR'ice OF F pgRCet 140 1 Realign proposed right of way to north side of Aviation Boulevard P -`1\- .. - PARCEL PARCEL 17 199 1129 s.f. 1974 s.l. 927 s.f. 1928 s.f. gp DT COMMONS LLC VERO BEACH SPORTS VILLAGE 1;0 CITY OF VERO BEACH PARCEL 32 EXHIBT "6" Exhibit 7 AMENDMENT OF TEMPORARY LICENSE AGREEMENT FOR USE OF VERO BEACH MUNICIPAL AIRPORT PROPERTY This Amendment of Temporary License Agreement for Use of Vero Beach Municipal Airport Property, hereinafter "Amendment," is hereby entered into as of the day of , 2015, "Effective Date," by the CITY OF VERO BEACH, FLORIDA, a Florida municipal corporation, Whose mailing address is Post Office Box 1389, Vero Beach, Florida 32961-1389, 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 27th Street, Vero Beach, Florida 32960, hereinafter "Licensee," to allow Licensee to continue 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, pursuant to the Temporary License Agreement for Use of Vero Beach Municipal Airport Property dated May 7, 2013, "Agreement," attached hereto as Exhibit A, 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 an amendment to extend Licensee's Agreement for two (2) additional years, from May 7, 2015 to May 7, 2017 of whenever permanent Transit Hub facilities are completed and put into service, whichever is earlier, unless the Agreement, as amended, is terminated or further modified according to the terms and provisions contained within the Agreement, as amended. This Amendment is expressly conditioned upon Licensor's execution of the documents described at items C 1) through C 4) of the Interlocal Agreement between Licensee and Licensor related to Licensor's Dodgertown nine -hole golf course property, entered into on the day of , 2015. If said documents are not executed by Licensee and delivered to Licensor within three (3) months of the effective date of said Interlocal Agreement, this Amendment provided for herein shall terminate. 2.. Licensor hereby grants to Licensee the requested extension outlined in paragraph 1, as conditioned above, and, except as expressly amended by the foreg_ oing, the terms and conditions of the Agreement shall remain unchanged. IN WITNESS WHEREOF, the authorized representatives of the parties hereto have executed this Agreement on the date first above written. [SIGNATURE. PAGES TO FOLLOW] Page 1 of 3 N:\Client Docs\Airport\Licenses12015. Amendment of Transit Hub.Temporary License.GoLine Hub.3.12.2015.docx ATTEST: LICENSOR (CITY OF VERO BEACH): Tamrriy K. Vock City Clerk [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER Richard G. Winger Mayor Date signed: The foregoing instrument was acknowledged before me this day of , 2015, on behalf of the City of Vero Beach, Florida by Richard G. Winger, as Mayor, and attested by Tammy K. Vock, as City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. NOTARY PUBLIC_ Commission No.: My Commission Expires: Approved as to form and legal Approved as conforming to municipal sufficiency: policy: Wayne R. Coment James R. O'Connor City Attorney Approved as to technical requirements: Ericson W. Menger Airport Director City Manager Page 2 of 3 N:\Client Docs\Airport'Licenses\2015. Amendment of Transit Hub.Temporary License:GoLine Hub.3.12.2015.docx ATTEST: Jeffrey R. Smith Clerk of Court [SEAL] Approved as to form and legal sufficiency: Dylan Reingold County Attorney Approved: Joseph A. Baird County Administrator STATE OF FLORIDA COUNTY OF INDIAN RIVER LICENSEE (BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA): Wesley S. Davis, Chairman The foregoing instrument was acknowledged before me this day of , 2015, on behalf of the Board of County Commissioners of Indian River County, Florida by Wesley Davis, as Chairman, and attested by Jeffrey R. Smith, as Clerk of the Court. Both are personally known to me. NOTARY PUBLIC Commission No.: My Commission Expires: Page 3 of 3 NAClient Does\Airport\Licenses12.015. Amendment of Transit Hub.Temporary License.GbLirie Hub.3 12.2015.docx Exhibit A TEMPORARY LICENSE AGREEMENT FOR USE OF 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 32961-1389, 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 27th 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 (24th) month from the date this Agreement is fully executed or whenever the permanent Transit Hub facilities are finalized and available at the 16th 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 with a bonafide plan to develop Page 1 of 7 N:\Client Docs\Airport\Licenses\Transit Hub.Temporary License.4.26.2013 doc 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 5 (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. 7. 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 Page 2 of 7 N:\Client Docs\Airport\Licenses\Transit Hub Temporary License.4.26.2013 doc 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 and prior 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 Page 3 of 7 N:1Client DocslAirport\Licenses\Transit Hub.Temporary License.4.26.2013.doc 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: Page 4 of 7 N:\Client Docs\Airport\Licenses\Transit Hub.Temporary License.4.26.2013.doc 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 20th 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.) Page 5 of 7 N:\Client Docs\Airport\Licenses\Transit Hub Temporary License.4.26.2013 doc IN WITNESS WHEREOF, the authorized representatives of the parties hereto have executed this Agreement on the date first above written. ATTEST: Sign: Tammy K. City Clerk [SEAL] I� U STA IE OF FLORIDA COUNTY OF INDIAN RIVER LICENSOR (CITY OF VERO BEACH): Sign: 6-1* A. Craig Fletcher Mayor Date signed: The foregoing instrument was acknowledged before me this / 4/ day of , 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. ,oaZ NOTARY PUBLIC Commission No.: My Commission Expires: Approved as to form and legal s . iciency: R. Coment Cit ttomey Approved as to technical requirements: Ericson W. Meager Airport Director V Y SHERRI PHILO r `. = My cOMMI St0N # EE 222063 V.. a.: - EXPIRES: December 3, 2016 ItsV Bonded Thor Notary Public UndelW ters Approved as conforming to municipal policy: es R. O'Connor City Manager Page 6 of 7 N:\Client Docs\Airport\Licenses\Transit Hub.Temporary License.4.26.2013 doc BOARD OF COUNTY COMMISSIONS OF INDIAN RIVER COUNTY, FLORIDA Licensee ATTEST: By: :Je`:�.. ., CLERK IRCUIT COURT [SEAL] BOARD OF COUNTY COMMISSIONERS --��„ , „ OF INDIAN RIVER COUNTY, FLORIDA, \ss!9Y4''�, o rr� , j: a0 seph E. Flescher, Chairman "D C. By: Approved as to form and legal sufficiency: 1.1.,4,117, 4,...i. ijs„... Alan S. Polac 'ch Sr. Approved: 7`1 seph A. Baird ounty Administrator STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2013, on behalf of the Board of County Commissioners of Indian River Count Florida by Joseph E. Flescher, as Chairman, and attested by Jeffrey R. Smith, as Clerk of the Court. Both are personally known to me. Commission No.: My Commission Expires: 01!.!Nt, !AURAE VASA MY COIAOSSIONiEE123140 EXPIRES: August 18, 2015 d•'an 47 Bonded NuliAOWay Services Page 7 of 7 N:\Client Docs\Airport\Licenses\Transit Hub.Temporary License.4.26.2013.doc 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 -LA -212 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 Tess. David R. Gay, PSM)#5973 S:1Property Descriptions1201312613-LA-212 Airport RW Apr 15 2013.doc Sheet 1 of 2 100 PARCEL 8 90' R/W PRO FLITE DRIVE FLIGHT SAFETY INC. AIRPORT DRIVE THIS SKETCH IS NOT A (SURVEY VERO BEACH MUNICIPAL AIRPORT PARCEL 6 555.0' N\1N R/W PRO FLITE DRIVE IN \ PIPER DRIVE 75' R/W 544.7' SUBJECT LICENSE AREA PARCEL 5 r 85' R/W THE NEW PIPER AIRCRAFT, INC. r CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY & ENGINEERING DIVISION SKETCH OF PROPERTY DESCRIPTION LICENSE TO USE CITY RIGHT OF WAY PRO FLITE DRIVE VERO BEACH MUNICIPAL AIRPORT EXHIBIT "A" #5973 DATE HEET 2 0.6.-.4:4-172i.:;::0—.." REV. NO. ••�` C,>gD CITY PROJECT NO. 2013—LA-212 DANN.D% > •,e( :W Deft d'. . 0c5cx1Pn t [ 45i G c2 DATE ORWN BY CHH) BY 04/2013 DG MKF rarc5sion -----J------r361151 DK DC -Slab " POINT OF COMMENCEMENT NW CORNER SECTION 03-33-39 -L I $99'09'47"W � -- -'A-1 100' -STORM WATER & 30.00' 26TH STREET T / I UTILITY EASEMENT !011111 =DON U[ 34-JIF-i ' ._.I_.._.._.._.._.._W_.._.._NOL DIS._I._..ANL._.._.._.._.._.._.._ _.._.._1_.._.._.._.._.._.._.._.._,c=.._.._.._.._.._.._.._.._..L.,_.._..�..L.._.._.._.._.._.._.._... INDIAN RNEp FARMS WAi[P CONTROL DISTRICT CANAL A) Nq[IN {U'1, Ipl 1!( p-S3.r39' , — — S89'45'39"E 794.99' r 589'45'39"E 75.00' 32-39-26-00011-0230-00001.3 DODGERTOWN PARCEL 1.A O.R. BK 1901, PG 956 CITY OF VERO BEACH 32-39-26-00011-0230-00001.2 DODGERTOWN PARCEL 2-A 0.6.13K 2517, PG 547 CITY OF VERO BEACH L=99.96' R=352.00' CHD BRG=S50'59'09"W CHD=99.63' HOLMAN STADIUM INDIAN RIVER COUNTY 32-39-26-00011-0230-00001.0 DODGERTOWN PARCEL 1.0 0,R. BK 1426, PG 555 PORTION OF DODGERTOWN PARCEL 2A 0.6.13K 1758, PG 523 INDIAN RIVER COUNTY S59'07'17'W 204 72' N51'00'18"W 89.21' N00'42'45"E 121.82' DRAINAGE 66.00' DRAINAGE EASEMENT OR BOOK 210, PAGE 531 S02'S0'SB"E 30.75' POINT OF BEGINNING SUBJECT EASEMENT (DRAINAGE) 32-39-26-00011-0230-00001.1 DODGERTOWN PARCEL 3A O.R. BK 1961. P0968 CITY OF VERO BEACH S89'17'l 5"E L=375.58' 60.00' R=230.00' CHO BRC=N43'55'54'E CHD=335.22' NO2'50'58"W 105.82' N13'11'02"W 122.26' N4321'15"W 121.93' L=113.01' R=352.00' CHD BRG=557'44'47"E CHD=112.52' I THIS SKETCH IiS NOT A SURVEY 1,4\\ N73'56'42"W, 119.52' 122.71' N. 994'19"W 2.0.00; 50 Q` 41"W 153'22 NZQ l 01'7'41"E PORTION OF DODGERTOWN PARCEL 3A O.R. BK 2517, PG 551 INDIAN RIVER COUNTY 4 CLOVERLEAF BALLFIELD S70'41'41 "W 356.64' N69'22'53"E 586.02' L=60.98' R=80.00' CHD BRG=S88'46'52-E CHD=59.52' i N1918'19'W 23.21' SCALE 1"= 300' CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY DIVISION SKETCH OF PROPERTY DESCRIPTION DRAINAGE EASEMENT TO CITY PORTION OF SECTION 03-33-39 EXHIBIT "8" REV. N0. AUTHRZD.BY CITY PROJECT NO. 2011 -EG -100 DRWN.BY DATE DATE ORWN BY CHKD BY 9/2014 DG MKF DESCRIPTION VDD " RAIGN EXISTING NODIiT DIMING IRRIOATIaJ RI OCK 7 4140 2011-1 ST INSTALL IRRIGATIaI AS REWIRED PPS() 6SIDEWALK PPSD 6' SIDEWALK PROPOSED R/W UNE E%IS1NG R/W UNE PPSD 6' SIDEWALK 5' STA. 2542+92.98 AH. EAST 1/4 CORNER_/ SEC. 4-33-39 4' r EDS11NG R/W UNE STATE ROUTE 60 (OscEOLA BOULEVARD) STA. 2642+93.13 AN. PLANT UST ® 2- OUERCUS VIRGINIANA "OVTI A' (HIGH RISE), 3" CALIPER, 12' HIGH ® 2- MAGNOLIA GRANOIFLORA "LITTLE CEM"; 3" CAUPER, 9' HIGH SI 3- STREUTZIA REGINA "BIRD OF PARADISE"; 15 GALLON SIZE ® 85- CONOCARPUS ERECTUS 'GREEN BUTTONWOOD'; 3 GALLON SIZE ® 21- ZAMIA PUMILA 'COON11E"; 3 GALLON SIZE ® 34- URIOPE MUSCARI "EMERALD GODDESS"; 3 GALLON SIZE 50D- 5T AUGUSTINE "FLORATAM" MULCH ALL PLANTING AREAS (100' R/W ) 6' SDLWUC NOTES: ALL TREES AND PLANTS SHALL BE FLORIDA No. 1 GRADE OF BETTER TREES SHALL BE STAKED WITH 2"x4"'S OF WEBBING IN ACCORDANCE WITH COMMON LANDSCAPE AUTOMATIC IRRIGATION SYSTEM TO BE DESIGNED AND INSTALLED IN ALL LANDSCAPE AREAS PRACTICES I 42ND AVENUE (20TH STREET) "-1/4 SECTION UNE 3-33-39 ATLANTIC BOULEVARD PARKING AREA CURE PLAN CRY OF VERO BEACH DEPARTMENT OF PUBUC WORKS SURVEY 8 ENGINEERING DIVISION CRY PROJECT NO. ATLANTIC BLVD PARKING SNEHT 1 OF EXHIBIT "9"