HomeMy WebLinkAbout2018-2601. 3120180072298
COUNTY ATTORNEY'S OFFICE RECORDED IN THE PUBLIC RECORDS OF
JEFFREY R SMITH, CLEK
INDIAN RIVER COUNTY INDIAN RIVER COUNTYRL OF COURT
1801 27th Street BK: 3167 PG: 76 Page 1 of 10 11/302018 4:18 PM
V*r* 690ch, Florida 32960
LICENSE AGREEMENT
This License Agreement (Agreement) is made and entered into this 20th
day of November 2018, ("Effective Date"), 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 Lutgert Vero, LLC, a Florida limited liability company, whose mailing address
is 4200 Gulf Shore Boulevard North, Naples, FL 34103, hereinafter referred to as
"Licensee".
WITNESSETH:
For and in consideration of the following covenants and agreements, the
parties hereto state as follows:
WHEREAS, Indian River County is the owner of the following described
property, commonly referred to as Tracking Station Park, located in Indian River
County, Florida (the County Parcel): See Exhibit "A", attached hereto and made
a part hereof; and
WHEREAS, Licensee is the owner of two parcels of real property that are
adjacent to the County Parcel within the Town of Indian River Shores in Indian
River County, described on Exhibit "B" attached hereto and made a part hereof
(Development Property); and
WHEREAS, Licensee intends to develop the Development Property as a
residential community; and
WHEREAS, the County Parcel is situated between the Development
Property and the shoreline of the Atlantic Ocean; and
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WHEREAS, Licensee has sought permission to enter upon the County
Parcel to construct and maintain a path and dune -crossover which would serve
as an amenity for the residents and guests of the Development Property and
also be accessible by the public;
NOW THEREFORE, in consideration of the mutual covenants, promises
and agreements contained herein, the parties agree as follows:
1. The foregoing WHEREAS clauses are true and correct and
incorporated herein as part of this Agreement.
2. The County hereby grants to Licensee a license to design, engineer,
permit, construct and maintain a dune -crossover on the County Parcel at a
location to be approved by the County in writing. Following construction,
Licensee shall deliver to County "as -built" drawings of the dune cross-over,
which shall include a location sketch.
3. The dune -crossover shall be open to the public for use during daylight
hours.
4. The Licensee shall be responsible for performing limited, periodic
maintenance on the County parcel only directly adjacent to and abutting the
crossover and the path, consisting of removal of dead, fallen branches
obstructing the pathway or the crossover, selective pruning of live branches
interfering with the ingress/egress of the pathway or the crossover. Licensee
shall not perform any other trimming, removal of vegetation or landscape
maintenance on the County Parcel.
5. Under the direct supervision of a County environmental manager,
Licensee may remove selected exotic plant species and replace the exotics with
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native plant species so long as the removal is preapproved by the County in
writing and confirmed in a field meeting conducted prior to any removal.
6. County agrees to allow Licensee to enter the County Parcel for
the purposes described herein, provided:
A. Licensee shall provide County with plans and specifications for a
dune -crossover and public access path prior to commencement of
construction. The crossover and access path shall be substantially similar
to those found in other County beach parks.
B. County shall have approved such plans and specifications, which
approval shall not be unreasonably delayed or denied.
C. Licensee shall be responsible to obtain all necessary
governmental approvals and permits including a building permit.
D. INDEMNITY. To the extent allowed by law, Licensee agrees to
indemnify, defend and hold harmless the County, its officers, directors
and employees (collectively, "Indemnified Persons"), from and against all
claims and liabilities (including reasonable attorneys' fees and court costs)
caused by or arising out of (i) Licensee's breach of any of its obligations,
covenants, or warranties contained herein, or (ii) Licensee's acts or
omissions with regard to the License. However, in the event of an
Indemnified Person's contributory negligence or other fault, the
Indemnified Person shall not be indemnified hereunder to the extent that
the Indemnified Person's negligence or other fault caused such claim or
liability.
E. INSURANCE. Licensee shall insure against property damage and
bodily injury arising by reason of occurrences on or about the County
Parcel in the amount of not less than $1,000,000.00. The insurance
coverage provided for herein may be maintained pursuant to master
policies of insurance covering Licensee's other properties. All insurance
policies required to be maintained by Licensee hereunder shall be with
responsible insurance companies, authorized to do business in Florida,
and shall provide for cancellation only upon 30 days' prior written notice to
County. Licensee shall evidence such insurance coverage by delivering
to County, a copy of a certificate of insurance listing the County as an
additional insured.
7. The Term of this License shall commence on the Effective Date
and shall continue until terminated as follows:
A. Upon disincorporation of the Licensee, at which time any
improvements under this license shall become the property of County,
unless a successor corporation or other entity approved in advance by the
County enters into a substantially similar license agreement for the usage
of the path and dune -crossover within ninety (90) days of disincorporation
of Licensee.
B. This license may also be terminated by County if Licensee, its
members, or guests violate this Agreement and fails to correct the
violation within a reasonable time after written notice from the County
specifically describing the violation. Licensee may terminate this
agreement upon sixty (60) days' written notice to Indian River County.
4
Any event of termination shall cause any and all improvements to become
the property of Indian River County;
8. Licensee agrees to pay County $250.00 plus applicable sales tax
on the Effective Date of this Agreement for the right of Licensee and its
members and guests to utilize the dune -crossover, without excluding the general
public from same, and to periodically carry out the Dune Vegetation Maintenance
Plan.
9. Licensee shall have the right to assign all of its rights and
obligations under this license agreement to a Chapter 720 homeowners'
association created for Licensee's Development Property ("Permitted Assignee").
10. Licensee agrees that the County may make periodic inspections of
the path and dune -crossover. Licensee further agrees to correct any
maintenance deficiencies which could have an adverse impact on health or
safety within thirty (30) days of notification of any such deficiencies identified by
a periodic inspection;
11. Licensee agrees that the path and crossover are created for the
benefit and use of the public and that no signage discouraging their use shall be
posted. Discouraging public use of the path or crossover shall be deemed a
violation of this Agreement.
12. Residents or guests of the Development Property shall not store or
keep anything on the County's property, including, but not limited to: beach
chairs, fishing equipment or watercraft.
13. This license agreement shall be recorded in the Public Records of
Indian River County, Florida.
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IN WITNESS WHEREOF, County and Licensee have caused this
agreement to be signed in their respective names.
G\ iiAF co' O 4/,t��
,.. ..
BOARD OF COUNTY COMMISSIO,NLR$ ss�
INDIAN RIVER COUNTY, FLORIDA
Bob Solari , Chairman :;F9 •. r,
BCC Approved: November 20_;2018 '
Attest: Jeffrey R. Smith, Clerk of Court and
Comptroller
Deputy Clerk
Approved as to form and legal sufficiency
William K. De raal�
Deputy County Attorney
Approved:
Jason . B wn
Coun Ad inistrator
Witnesses:
Signature: V 0
Printed name: <a rq pjT (P16SCe(y
Signature: to "— l ,,�-.-,,�t-�
Printed name: Lavrn F'�,
LUTGERT VERO, LLC
By:
MICHAEL T. HOYT
Manager
STATE OF FLOR
COUNTY OF 6"
� , foregoin instrument was acknowledged before me this day of
20,�by Michael T. Hoyt, Manager, Lutgert Vero, LLC, with full
authority to do so and who is personally known to me or produced
as identification.
NOTARY PUB
Signature: Y/
Printed name0"(J?
Commission IL g
Commission Expiration: pay- tol
NANCY L WESTBY
Z
Notary Public, State of Florida
My Comm. Expires Oct. 22, 2019
Commlonlon No. FF 913122
7
SKETCH & DESCRIPTION
SECTION 20, TOWNSHIP 32 SOUTH, RANGE 40 EAST
LEGAL DESCRIPTION:
EXHIBIT "A"
SHEET I OF 2
NOT VALID WITHOUT THE SKETCH
ON SHEET 2 OF 2
(OFFICIAL RECORDS BOOK 363, PAGE 33)
THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN GOVERNMENT LOT 1, SECTION 20,
TOWNSHIP 32 SOUTH, RANGE 40 EAST IN INDIAN RIVER COUNTY, FLORIDA, AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT:
AS A POINT OF REFERENCE, COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20: RUN
THENCE S89'45'25"E ALONG THE SOUTH LINE OF SAID SECTION 20, A DISTANCE OF 349.14 FEET
TO A CONCRETE MONUMENT; THENCE N00'13'15"E, 1000 FEET TO THE POINT OF BEGINNING OF
THE PROPERTY HEREBY CONVEYED; FROM SAID POINT OF BEGINNING, CONTINUE N00'13'15"E, 350
FEET TO A POINT; THENCE S89'45'25"E, 90 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE
OF THE ATLANTIC OCEAN: THENCE MEANDER IN A SOUTHEASTERLY DIRECTION 375 FEET , MORE OR
LESS, TO A LINE THAT IS PARALLEL AND 1000 FEET NORTH OF THE SOUTH LINE OF SAID SECTION
20: THENCE N89'45'25" W, 208 FEET, MORE OR LESS, TO A LINE THAT IS PARALLEL AND 349.14
FEET EAST OF THE WEST LINE OF SAID SECTION 20 AND THE POINT OF BEGINNING, CONTAINING
1.21 ACRES, MORE OR LESS.
SURVEYORS NOTES:
1.) BEARINGS BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF SECTION 20 BEARS
S89'45'25"E PER THE DESCRIPTION AS RECORDED IN OFFICIAL RECORDS BOOK 363, PAGE 33
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.
PROFESSIONAL SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE
STEVE CARTECHINE FLORIDA CERTIFICATE NO. 4895
CERTIFICATE OF AUTHORIZATION #LB 7545
// /It
DATE OF SIGNATURE
NOT VALID UNLESS SIGNED AND SEALED
DRAWING NO.: 17-255
PREPARED BY:
INDIAN RIVER SURVEY, INC.
PROFESSIONAL SURVEYING AND MAPPING
1835 20TH STREET, VERO BEACH, FLORIDA 32960
(772) 569-7880
SKETCH & DESCRIPTION
SECTION 20, TOWNSHIP 32 SOUTH, RANGE 40 EAST
THIS IS NOT A SURVEY
(SCALE: 1" = 100')
SHEET 2 OF 2
�'J ! LOT 34 NOT VALID WITHOUT THE LEGAL
DESCRIPTION ON SHEET 1 OF 2
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LOT 36 PEBBLE BEACH DEVELOPMENT NO. 2
PLAT BOOK 7, PAGE 83 PARCEL lD
LOT 35 32402000000001000003.0
(TRACKING STATION)
EAST BOUNDARY OF PEBBLE ORB 610, PG 2136
BEACH DEVELOPMENT NO. 2
�.._......... __
�.SOUTH
S894525E\
! 90t
BOUNDARY OF
PEBBLE BEACH DEVELOPMENT NO. 2
SECTION 19
GOV'T LOT 9
SECTION 20
GOVT LOT 1
PARCEL lD
32402000000001000002.1
5.0' WIDE PUBLIC ACCESS
x
PARCEL lD 32402000000001000002.0
1
349.14'
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rn W
W � 131_
PARCEL lD �_ H
32402000000001000003.0 M
(TRACKING STATION) C-) 0 \�)
ORB 363, PG 33
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PEBBLE BEACH VILLAS
PARCEL ID
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32401900015000000000.0
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POINT OF
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BEGINNING
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PARCEL ID
32402000000001000006.0
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SW CORNER OF
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SECTION 20
2
S89 45 25 E 349.14'
SOUTH LINE OF SECTION 20
N89 45 25 "W 208'± \\
PARCEL ID \
3240200000000)000003.0 \\
(TRACKING STATION) \
ORB 610, PG 2136 \\
POINT OF
COMMENCEMENT DRAWING NO.: 17-255
PREPARED BY:
INDIAN RIVER SURVEY, INC.
PROFESSIONAL SURVEYING AND MAPPING
1835 20TH STREET, VERO BEACH, FLORIDA 32960
(772) 569-7880
Exhibit "B"
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