The URL can be used to link to this page

Home My WebLink About2018-277°hiis a6cument was prepared by and should be returned to the County Attorney's Office 180127th Street Vero Beach, Florida 32960 3120180075189 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3170 PG: 1506 Page 1 of 7 12/13/2018 4:23 PM LICENSE AGREEMENT This agreement made and entered into this 11th day of December , 2018 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 the 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"), said property being depicted as Tract A within the plat of Riverside Estates, recorded in Plat Book 5, Page 50, Public Records of Indian River County, Florida, a copy of which is attached hereto. 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 1 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. 4. County agrees to allow Licensee to utilize said. dock as a common dock facility 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 on July 18th of each year 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 members' 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; 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; 2 9. The parties agree that this license agreement shall terminate upon disincorporation of the Licensee, at which time any dock improvements under 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. IN WITNESS WHEREOF, County and Licensee have caused this agreement to be signed in their respective names. v�1TY CO�j;�••. BOARD OF COUNTY COMMISS.IONt INDIAN RIVER COUNTY, "FLORIDA qrx✓. Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller ; 9 •• .i i 1, - -r +;/G�: t- f,';l� •\pP,�. By:\ r1 (1� By: Deputy Clerk Bob Solari, Chairman Approved as to form By: , Count(Attorney By: ` is ` ( y u — BCC approved: December 11, 2018 4.1 Witnesses: r signature: printed name%-SakJw. !.... W�f- signature: ( L printed name: V FRIENDS OF THE MORNINGSIDE DOCK, INC. Aae�, Garrett M. Donlin, President THIS DEED made this —'>43 day of _ _ February 196 9, between: JAMES S. LOWRY and VIOLET F. LOWRY, his wife as part ies of the first part, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, as party of the second part, whose address -is Indian River County Courthouse, Vero Beach, Florida. WITNESSETH, that said partjes of the first part, for and in consideration of the sum of One Dollar ($1.00) and other valuable con- siderations, paid, receipt of which, is hereby acknowledged, do hereby grant, bargain, sell and convey unto the party of the second part, its successors and assigns, a right-of-way for the purpose of clearing, con- structing and maintaining a public road and/or drainage ditches and drains in, upon, through and across the following described land situated in Indian River County, Florida, to -wit: All that part of Tract A of Riverside Estates, according to plat thereof recorded in Plat 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 line of the North and South right of way line of Morningside Drive, also known as 77th Place, as shown upon said plat. THIS !NSTRUMENT WAS PREPARED BY SHERMAN N. SPAITH, JR. �OF FLORIDA &110 F1, hi Lill rt, Spl it FI, u 01AINE - O CUA •1Ty, ty SUR TA 2205 - 14 th AYEv EROAQEFiCHW FIA. 32960 OFFICIAL RECORD m co <n cr � piJCUME-WflSI?`•- iTAF•11� 7_h i. <a C� �7 colVITKI OFFICIAL RECORD m co <n <a C� �7 C, a Z� A 600k 309 Pwi jig r- 0 t TO HAVE AND TO HOLD THE SAME, together with the appurten- ances thereto belonging forever, and the parties of the first part will defend the title thereto against all persons claiming by, through, or under the said parties of the first part. IN WITNESS WHEREOF_said partl�of.the first part ha Ve_ hereunto set their hands and seals, �,> L.0 Signed, Sealed and Deliverediy (SEAL) zr t in the Presence of: aures owry� �' ! s• Cc1= e—c �-� y (SEAL) / Violet F. Lowry C.•�. ��'L��''-''� (SEAL) .� (SEAL) ` (SEAL) (SEAL) Signature of TWO witnesses required (SEAL) by Florida law. GrJ STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me personally appeared James S. Lowry and Violet F. owry, his wife, to me known to be the individual described in and who executed the foregoing Deed and acknowledged before -me that they executed the same for the purposes I thr�i:pr�Xpressed. WITNESS my hand and official seal this day of ?�''' February 196 9 '^Of'-. AgY?1?UOLIC SEAL) 'Notary Public'in and for the County and ;'��•, c �.. ,•:� State aforesaid AO ftai ru—W. STME OF FLOAwA Af LAAdL MY Commission Expires,,; C lhft YDMIV►RED'�W. Cj&&XCLb1D9At 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 thi 196_ day of (NOTARY PUBLIC SEAL) Notary Public in and for the County and State aforesaid My Commission Expires: OFFICIAL RECORDBOOKUU9 PAGE 180 cc W C z a a RIVERSIDE ESTATES BEING A SUBDIVISION OF THE SOUTH 333' OF GOVT. LOTS B a 9. SEC. 36, TWP.31 S, RANGE 39 E, EXCEPT HOWEVER THE EAST 1299.50' OF GOVT. LOT 9. ,It'CMC.30L011a I PLAT BOOK 5 PAGE 50 DOCKET 92968 G1?TtVlfAnw OF IM9IGf.SIw m.TS or FUNU M oomrrT of rmlu R/rra w �\, We re..reepue, tY wren .f W \m0! K 4ed .Y.e 4mrlLMA ehot0 y.l. CLt. Y»b 4Ale.\. t. Wr m{3 4e..w •il rtw.N, 1141. .w1 rlipte..fwe3, prb .ed b, w ly.e th.rwn. pi0ed ..led .nl 411 -IMS 4 W Fee.eet. of Cw—z 30t0.i ORAfNAGE AND UTILITY EASEMENTS 10' ON REAR AND W OM SIDES OF ALL LOTS. O INDICATES IRON PIPE • INDICATES P.R.M. ELEVATIONS ARE UNDERSCORED NOTE: ALL REAR STAKES ARE OFFSET 10' ON THE MORTM LINE AND 0' ON IM INC SOUTN LE. WAYS OF FU = AG COWn OF 3IDIAf R3YSR n o w 0 Sr W pr N rtt11. wtro0 et t •rA w1 wlm.leA[e Wfe» w th.t Wq ea wt.a tu. aedle.lioA. h.m .m erndt.l 1 .t Te» n..en. n•ru.. w •i a: i .fiy ,o_f..�. ie160 TO' !A W a f O J a fL f L W J O 2 w W N .o• S.E. COR GOVT. LOT 9 CTRnWCIYS Of GLm Of OINGU1T com STAYS CT TJAGI t ) 1/ cT Doom OF 3IDxu RTfa I, Clem of the etemlt Lwrt of lKniAn nnr C.wy.71erL4 DO I See. .IA.•le"t tee .Kdd th.tIt eorylleaiLLlr f.m HiA 111Eta. er- q.lrtmot! K Chtvter ID1TS yr .r -1 -1 OT''nOrldr. Ttt. 'let filed 4r ee>rd .0]31,( 4 K llbuL. ,1130 !Ot n� oiaN 00 tit• 11. M�0elt� w S 4. K the Cl.rh oftY O t Owt. .¢ u.eY 9ov ty.12lr14, ti• 5]5] ,tri K Iedfw u.ir Gmy,Flw14 mrwor9l•i mn""m GOlT3n0ATt Or APfvOVIL wb I Y»hy eKtlfr wt the vt.t 0— h.erlr 1. • tm. -d »met al.'1...f m alae un.. L.=:p lwtb .vD».ed b RADrwwmal.. Of .. o rade .wow al»tale K W fen. iI Jl4.w..k...4 , W.eie alleA »Dre.edYtl.e K nidi A ... efl.d :»vnttrr: iL wld • ea 1... tnrl4 4 w Yu\ ..ei» o. u v �'—• n rt 1001.. Me- C..•tr, f q 1eo.1.Aa. ed lt.f. wt thttt .r edcrw Yeele f1er14. ra a.A1. Wr.Dr:eDPe.ryea.�.+�v a ratt y.aei .. �we.� bwirt r.rr.mt al.L4f df ..�••✓ . lPee. wb.r1{ea .eQ - Y»» r tiLL jLW —I 'am ,•. •.'t � Lep)' 14 coal l .ryln :i ii��• ,'�! :.t\e„ FEO. IS,1953 I:SO'