HomeMy WebLinkAbout2016-082A LICENSE AGREEMENT
This agreement made and entered into this eighteenth day of July, 2016
by and between INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960,
hereinafter referred to as "County" and FRIENDS OF THE MORNINGSIDE
DOCK, INC., whose mailing address is 1010 Morningside Drive, Vero Beach,
Florida 32963, hereinafter "Licensee"
WITNESSETH :
That, in consideration of the following covenants and agreements, the
parties hereto state as follows:
1. Indian River County is the presumptive holder of riparian rights to
Indian River Lagoon lying westerly of Morningside Drive and Jungle Trail by
virtue of the Road Right-of-Way Deed to Indian River County recorded in O. R.
Book 309, Page 179, Public Records of Indian River County, Florida, a copy of
which is attached hereto and made a part hereof ("Right-of-Way Property").
2. Licensee is a non-profit corporation organized by residents of
Morningside Drive to construct, maintain, and insure a common dock facility for
the personal use of members of the Licensee, without excluding cooperating
members of the general public.
3. Licensee has sought permission to utilize the riparian land
immediately west of Jungle Trail and the Right-of-Way Property for the
construction of a common dock facility as described above. By seeking such
permission, Licensee does not waive or concede any riparian rights it might
possess. 3120160042104
Tb1s document was prepared by RECORDED IN THE PUBLIC RECORDS OF and should be returned to
JEFFREY R SMITH, CLERK OF COURT the County Attorney's Office
INDIAN RIVER COUNTY FL 1801 27th Street
BK. 2952 PG: 87 Page 1 of 7 72=11 9,32 AM Vero Beach, Florida 32960
4. County agrees to allow Licensee to utilize said dock as a common
small-scale canoe/kayak dock facility with no more than two motorized vessel
moorings for personal recreational use for Licensee and its members and
guests, but not excluding the general public. This right shall not be assignable,
nor shall Licensee rent the dock to third parties;
5. Licensee agrees to pay County $10.00 plus applicable sales tax
commencing on July 18, 2016 and each year thereafter for the right of Licensee
and its members and guests to utilize said dock for the purposes stated herein;
6. Licensee agrees to hold County harmless from any damages
arising out of the use of County riparian land for the purposes of accessing the
Lagoon by any member of Licensee's or occupants' families or their guests.
This indemnification shall be by means of an insurance policy naming Indian
River County as an additional insured in the amount of $300,000.00 liability
insurance Proof of insurance shall be provided to the County within 15 days of
the final signature on this document.
7. Licensee agrees that no boat maintained at said dock be permitted
to be moored or docked for more than 72 hours or 3 consecutive nights at any
time.
8. Licensee agrees that the County may make annual inspections of
the dock facility licensed. Licensee further agrees to correct any maintenance
deficiencies which could have an adverse impact on health or safety within thirty
(30) days of notification of any such deficiencies identified by an annual
inspection;
9. The parties agree that this license agreement shall terminate upon
disincorporation of the Licensee, at which time any dock improvements under
2
this license shall become the property of County, unless a successor corporation
or other entity approved by the County enters into a license agreement for the
usage of the dock facility containing covenants and agreements similar to this
license agreement within ninety (90) days of disincorporation of Licensee.
10. This license agreement may also be terminated by County if
condition 4 or covenants 5, 6, 7 or 8 above are violated and not corrected within
the time specified (in covenant 8) or within a reasonable time (covenants 5, 6,
and 7). Licensee may terminate this agreement upon sixty (60) days' written
notice to Indian River County. Any event of termination shall cause any and all
dock improvements to become the property of Indian River County;
11. This license agreement shall be recorded in the Public Records of
Indian River County, Florida.
12. All necessary permits shall be obtained by Licensee and the dock
and any improvements thereto shall be brought into compliance with the Florida
Building Code with in six (6) months of execution of this Agreement.
3
IN WITNESS WHEREOF, County and Licensee have caused this
agreement to be signed in their respective names.
Attest: Jeffrey R. Smith, Clerk BOARD OF COUNTY COMMISSIONERS
of Court and Cooiler INDIAN RIVER COUNTY, FLORIDA
` fssio
04#�
By: By: '�r +
-be-ptlityk Bob Solari, Chairman o=
w
BCC Approved: may 24 2016
Witness. FRIENDS OF THE MORNINGSIDE �gV'"
printed name:c�,,d, ir ;,r,:ri DOCK, INC. Rn�ac
Witnes By `-' -
printed ame: Andrew M. Mustapick, Vice sident
Approved as to form and le al Approved
suff' i
iam . D raal Jason C. Br wn
Deputy County Attorney County Ad inistrator
4
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_. �1i: t1...���Z"y..• s`.��,.. •F�ItIr�T� `s^`-ter' �:
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THIS DEED made this 2*? day of February 1962,
between: JAMES S. LOWRY and VIOLET F„LOWRY his wife
is p:krt ics of the first part, and INDIAN RIVER COUNTY, a political
ulwiivinion of the, State of Florida, as party of the second part, whose
a.ldross in Indian River County Courthouse, Vero Beach, Florida.
WITNESSETH, that said partje& of the first part, for and in
:onsideration of the sum of One Dollar ($1.00) and other valuable con-
sidvrations, paid, receipt of which is hereby acknowledged, do_ hereby
-hent, bargain, sell and convey unto the party of the second part, its
u:cossors and assigns, a right-of-way for the purpose of clearing, con-
:tructing and maintaining a public road and/or drdinage ditches a-nd
.rains in, upon, through and across the following described land situated
in Indian Rivvr County, Florida, to-wit:
All that part of Tract A of Riverside Estates, according to plat
thereof recorded in flat Book 5, page 50. in the office of the
Clerk of the Circuit Court of Indian River County, Florida,
which lies between a Westward projection in a straight Zinc of
the North and Soudi right of way line of Morningside Drive, also
known as 77th Place, as shown upon said plat.
THIS !NSTRUME:�T WAS PREPARED BY
I_�:tM.+N 14. SMATH, 1R.
nano.
r\1I—N-Yb AT \A,V
fu0 ,. 2205. 14 th AVE. VEHi) b"N f1A 32960
L f.5s _
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DI
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t
Off ICI 1 RECORD r,+GA :jUr! it 179
TO HAVE AND TO HOLD THE SAME-together with the appurtam-
ances thereto belonging forever. and the partL4M of the first part will defend
the title thereto against all persons claiming by, through. or under the said •.
partLq&of the first part.
IN WITNESS WHEREOF�at partlea of first part h:�_
hereunto Set their hands and seals. �� / ► ��
Signed. Sealed and Delivered (SEAL)
in the Presence of: jenwe 5. Lowry
(SEAL)
Violet F. Lowry
(SEAL)
(SEAL)
(SEAL)
(SEAL)
Signature of TWO witnesses required (SEAL)
by Florida law.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appe•�ed
Jam es S_1.nlil�y and Ylotet F. owry. his wife.
to me known to be the individual described in and who executed the foregoing
Deed and acknowledged before me that thew executed the same for the purposes
there in..expressed,
�. WITNESS my hand and official seal this day of
,�,' ---- February 196--2-.
(t�OTAitY -flIVSLIC SEAL) o ry Public in and for the County and
State aforesaid ,....:,aia.c w rLo..w+i wt
- PtyComission ExpiresM.'i„'��,' •iA.iNL$iii:i.4.iiii
STATE OF -
COUNTY OF
Before me personally appeared
to be known to be the individual described in and who executed the foregoing
Deed and acknowledged before me that executed the same for the purposes
therein expressed.
WITNESS my hand and official seal this_____ _ day of a
--- - -- ----- 196r
(NOTARY PUBLIC SEAL) Ilotary Public in and for the County and
State aforesaid
My Coamission Expires:
Boa 309 ru:180
OFFICIAL RECORD
i
(t) PLAT BOOK 5
PAGE 50
RIVERSIDE ESTATES DOCKET92968
BEING A SUBDIVISION OF THE SOUTH 333' OF cu.ruT.mnoN c/otnlcArlcl
ST Tt o1--1"
GOVT LOTS 8 B 9, SEC. 36,TWP 31 S, RANGE w
39E, EXCEPT HOWEVER THE EAST 1299.50'OF coDNTT c11pO3A1 RIYSq
m.Nnd<r.l gn.a, mr 1.111•of tnr toot of 1•'.eo..da.<ilb.d
GOVT LOT 9 .eo.1 v1 tp.pla,h.r•ey'.dfe...to enr pNbly f.......11
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