HomeMy WebLinkAbout2016-196 TERMINATION OF LICENSE AGREEMENT
THIS TERMINATION of License Agreement is enter into this 22,1 day of November,
2016 by and between Indian River County, a political subdivision of the State of Florida, whose
address is 1801 27th Street, Vero Beach, FL 32060, hereinafter referred to as "Licensor" and
Brad Fojtik, a resident of Indian River County, hereinafter referred to as "Licensee" and the
parties agree as follows:
WHEREAS, Indian River County purchased a 16.5 acre tract of property adjacent to the
Indian River Lagoon known as the Jones Pier Parcel on September 19, 2008; and
WHEREAS, the property is improved with a single family house, out buildings and docks;
and
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WHEREAS, Brad Fojtik and Indian River County entered into a License Agreement dated
January 17, 2012 whereby Mr. Fojtik would perform certain obligations in exchange for residing
in the house on the property. The Agreement was renewed and extended for an additional three
year period, set to expire in January, 2017; and
WHEREAS, in October 2016, Hurricane Matthew impacted Indian River County and
caused a storm surge that flooded the residence and cottage on the Jones Pier property
rendering them uninhabitable due to damage to floors, dry wall and cabinets; and
WHEREAS, the main residence will have to be raised significantly to avoid damage from
future storms that may bring storm surges; and
WHEREAS, the parties wish to terminate the License Agreement to relieve each party
from the requirements of the Agreement.
NOW THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency is hereby acknowledged, the parties agree as follows:
1. The above statements are true and correct and incorporated by reference herein.
2. That certain License Agreement dated January 17, 2012, set to expire on January 16,
2017, is hereby canceled upon the mutual consent of the parties.
3. At such time as the premises becomes habitable, the County may enter into a license
agreement with Mr. Fojtik.
IN WITNESS WHEREOF, the parties have executed this Termination of License
Agreement as of the date first written above.
C
WIAZ Z
By: .
Brad Fojtik
Attest:Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS
and Comptroller •oJ` 1'co"nii�rsINDIAN RIVER COUNTY
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By: *,B
-Deputy Clerk ' o: Jo eph FleschK Chairman
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•'��GFR�oucir!:`:=��• BCC Approved: November 22, 2016
Approved as to form and legs fficiency Approved:
i .
William K. DeBraal , Jason Etd
ro n
Deputy County Attorney County inistrator
Reviewed and Approved:
By: Gar" Gly
Florida De tment of Environmental Protection
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