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Home My WebLink About2021-132This Instrument Prepared By And To Be Returned To: Anna H. Long, Esquire Dean, Mead 420 S. Orange Avenue, Suite 700 Orlando. Florida 32801 (407) 84 1 -12100 3120210068632 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3469 PG: 232 Page 1 of 7 9/30/2021 11:36 AM LICENSE AGREEMENT ,}.-This agreement ("License Agreement") made and entered into on the Cj4t, day of A- �1 J f t 2021 by and between INDIAN RIVER COUNTY, apolitical subdivision of the State of Florida, whose mailing address is 1801 27'h Street, Vero Beach, Florida 32960, hereinafter referred to as "County" and MORNINGSIDE NORTH SWMW ASSOCIATION, INC., whose mailing address is 1006 Morningside Drive, Vero Beach, Florida 32963-3918, hereinafter "Licensee". WITNESSETH; That, in consideration of the following covenants and agreements, the parties hereto state as follows: 1. The County is the owner the property known as the Jones' Pier Conservation Area, located at 7770 Jungle Trail, Vero Beach, Florida, hereafter the "Property". 2. The County obtained the Jones' Pier Conservation Area in order to preserve the rich history of late 19th century/early 20th century settlement in Indian River County. 3. The County committed to implementing a management plan for the Jones' Pier Conservation Area that restores ecological value, while at the same time providing public access and display of educational and historical exhibits. 4. Licensee is a non-profit corporation organized by the residents located on the north side of Morningside Drive, whose properties abut a portion of the southern property boundary of the Property. Licensee has sought permission to maintain the area of the Property as described and depicted on Exhibit "A" for stormwater management purposes, hereinafter referred to as the "Stormwater Drainage Arca". 6. In order to avoid the construction of a second fence along the southern property boundary of the Property by the County, the County and the Licensee agree that 033343-1.0 the Licensee will maintain the Stormwater Drainage Area in a manner that is approved by the Indian River County Parks and Recreation Department. 7. The Parties acknowledge that the purpose of this License Agreement is to avoid the construction of the fence along the southern property boundary of the Property and that it is not the intent of either party to terminate this License Agreement unless consistent with the termination provisions contained herein. 8. Licensee is authorized to maintain the vegetation in the ditch with approved techniques and best management practices as approved by the Indian River County Parks and Recreation Department. 9. Licensee agrees that it will seek the County's written approval prior to the use of any herbicides or fertilizers in the Stormwater Drainage Area. 10. Licensee agrees that any allowable application of herbicides and/or fertilizers will be done by a licensed profession and any application shall be documented and the applicator's license shall be supplied to County to address set forth in section 21, below. 11. Licensee agrees that Licensee will not do any of the following: a. Alter, fill, and dig or remove material without the express written consent of the County. b. Modify or install any existing or new structures, culverts or pipes, or other infrastructure. c. Construct and maintain any barriers, including but not limited to, fences or walls, or other structures. d. Place any personal property within the maintenance area including but not limited to, furniture, sheds, marine equipment, decking/ditch crossings and pavers. e. Install plantings, landscaping or other vegetation. f. Dump or place any landscaping debris within the maintenance area. g. No animals shall be permitted including Ieashed or unleashed dogs. 0333431.v 1 h. No signage shall be permitted. i. Use the area as an access to the Jones' Pier Conservation Area. j. [Jsc the arca for access or mobilization of any equipment that will be used for activities on the Licensee's property. 12. Survey points or boundary markers must remain in full view at all times. 13. The County shall have the right to access the Stormwater Drainage Area in order to inspect and utilize the area at any time for maintenance purposes. 14. The County has the ability to modify any aspect of the Stormwatcr Drainage Arca if needed for drainage, maintenance or conservation management purposes, including, but not limited to controlling and removing exotic species and widening, excavating, filling or in any way changing the configuration of the drainage conveyance. 15. Neither the County nor the Licensee will be required to restore the arca if disturbed by any County activities. Such activities that cause impacts may include, but ase not hinited to, mechanical ditch cleaning, creating ruts or tracks or disturbing any grass, for which the County will not be responsible. Additionally, the Licensee will not be held responsible for any damage or costs incurred as a result of damage caused by the County's actions as described herein. 16. Licensee shall maintain an insurance policy naming Indian River County as an additional insured in the amount of 5300,000.00 liability insurance. Licensee shall provide evidence of such insurance policy to the County within 15 days of the Effective Date of this agreement. Licensee shall submit a copy of the insurance policy to the County annually, on the anniversary of the Effective Date of this agreement. 17. The parties agree that this License Agreement shall terminate upon disincorporation of the Licensee, at which time the maintenance of the Stormwater Management Area as described herein, will become the responsibility of the County, unless a successor corporation or other entity approved by the County enters into a License Agreement for the purpose of maintaining the Stormwater Management Area, containing like or similar conditions as set forth in this License Agreement within ninety (90) days of the disincorporation of Licensee. 033343-I.ti 1 18. This License Agreement may also be terminated by the County if conditions 6; 8, 9, 10, 11 and 16 above are violated and not corrected within the time specified as to condition 16 or within a reasonable period of time as to conditions 6, 8, 9, 10 and 11. Either party may terminate this License Agreement upon ninety (90) days' written notice to the other party. 19. Licensee relmscs, satisfies, discharges- and covenants not to sue Indian River County, its commissioners, officers, employees, and agents, for any and all damages, losses, expenses or liabilities of any kind whatsoever ("Claims") arising out of or relating in any way to the Licensee's activities under this License Agreement. 20. Licensee shall defend, hold harmless and indemnify Indian River County, its commissioners, officers, employees, and agents, from and against all Claims arising out of or relating to any negligence, intentional wrongdoing, breach of applicable law or breach of this Licensee Agreement by Licensee or by anyone performing activities under this License Agreement at the request of License. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Indian River County as set forth in section 768.28, Florida Statutes. 21. Any and all notices shall be delivered to the parties at the following addresses: Licensee:�/A. mts+ fir-- ih)MyJ boc��alt�o� Indian River County: Parlt)and Recreation Department, 5500 77th Street, Vero Beach, FL 32967 22. This License Agreement shall be recorded in the Official Public Records of Indian River County, Florida. 03334 3— I .e I IN WITNESS WHEREOF, County and Licensee have caused this License Agreement to be signed in their respective names. Attest: Jeffrey K Smith, Clerk of Court and Comptr ller (&4(WI 2 By: Deputy Clerk •'�OU�JTr��,. BOARD OF COUNTY COMMISSIONERS OF INDW .`• COUNTY, FLORIDA cam: By: Joseph E. Flescher ai- Approved by BCC: September 14, 2021 Witness: MORNINGSIDE NORTH SWMW printed name: ASSOCIATION, INC. Witness` _ By: C-Ltt_je_ Printed name: oNYA TLtSc5 Kelley XCe, President Approved as to forte and legal Approved: sufficiency: i an Reingold, County Attorney Jason E County (Ac c 033343--1.vt ��11lt MAINTENANCE EASEMENT A MAINTENANCE EASEMENT LYING AND BEING WITHIN A PORTION OF GOVERNMENT LOT 8, SECTION 36, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 21, RIVERSIDE ESTATES SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGE 50, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, PROCEED NORTH 89`54'19" WEST ALONG THE NORTH LINE OF SAID RIVERSIDE ESTATES SUBDIVISION, A DISTANCE OF 417.67 FEET; THENCE DEPARTING SAID NORTH LINE OF SAID RIVERSIDE ESTATES SUBDIVISION, PROCEED NORTH 00°38'09" WEST, A DISTANCE OF 24.31 FEET, TO A POINT ON THE APPROXIMATE TOP OF BANK OF AN EXISTING ASPHALT MILLINGS WALKWAY; THENCE ALONG SAID TOP OF BANK FOR THE FOLLOWING THREE (3) COURSES. SOUTH 87°05'08" EAST, A DISTANCE OF 28.93 FEET; SOUTH 89°47'28" EAST, A DISTANCE OF 385.24 FEET; SOUTH 80'07'48" EAST, A DISTANCE OF 23.47 FEET; THENCE DEPARTING SAID APPROXIMATE TOP OF BANK PROCEED SOUTH 55'01'5T' EAST, A DISTANCE OF 21,11 FEET; THENCE SOUTH 00°00'00" EAST, A DISTANCE OF 8.06 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED RIVERSIDE ESTATES SUBDIVISION; THENCE ALONG SAID NORTH LINE, PROCEED NORTH 89°54'19" WEST, ALONG THE SAID NORTH LINE, A DISTANCE OF 36.82 FEET TO THE POINT OF BEGINNING. THE ABOVE-DESCRIBED UTILITY EASEMENT CONTAINING 10,019.5 SQUARE FEET. SURVEYOR'S GENERAL NOTES AND REPORT: 1. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 2. BEARINGS AND OR COORDINATES SHOWN HEREON ARE BASED UPON THE NORTH AMERICAN DATUM OF 1983, ADJUSTMENT OF 2011, AND ARE PROJECTED IN THE FLORIDA STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE (901) AND ARE REFERENCED TO THE ESTABLISHED AND MONUMENTED LINE SHOWN HEREON LABELED AS THE BEARING BASIS. 3. THIS SKETCH AND DESCRIPTION HAS BEEN PREPARED FOR THE EXCLUSIVE BENEFIT AND USE OF THE PERSONS AND/OR ENTITIES NAMED HERON FOR THE PURPOSES IDENTIFIED HEREON ONLY. UNLESS OTHERWISE STATED, CERTIFICATION OF THIS SKETCH AND DESCRIPTION APPLIES ONLY TO THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER SJ -17 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. THE SKETCH AND DESCRIPTION IN NO WAY CONSTITUTES NEITHER GUARANTY NOR WARRANTY TO ANY OTHER INFORMATION NOT SHOWN HEREON. ADDITIONS, DELETIONS OR REVISIONS TO THIS DRAWING BY. OTHERS ARE NOT PERMITTED AND THIS SKETCH AND DESCRIPTION MAY NOT BE TRANSFERRED WITHOUT THE EXPRESSED WRITTEN PERMISSION OF THE SIGNING SURVEYOR. THIS SURVEY IS NOT VALID FOR ANY OTHER PURPOSE OTHER THAN INTENDED BY THE SIGNING SURVEYOR. 4. THE DESCRIPTION WAS DEVELOPED BY THE PROFESSIONAL SURVEYOR AND MAPPER AS REQUESTED BY THE CLIENT. THIS EASEMENT WAS NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR ENCUMBRANCES OF RECORD. THE HEREON DESCRIBED EASEMENT IS SUBJECT TO RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY. MATTERS OF RECORD NOT BROUGHT TO THE SURVEYOR'S ATTENTION BY THE CLIENT, THEIR AGENT OR AS DISCLOSED BY A FURNISHED TITLE INSURANCE POLICY WERE NOT INCLUDED. NO TITLE COMMITMENT OR ABSTRACT WAS FURNISHED FOR THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 5. THIS SKETCH AND. DESCRIPTION CONSISTS OF 2 SHEETS AND SHALL NOT BE CONSIDERED COMPLETE AND OR VAUD UNLESS ALL SHEETS ARE PRESENT. REFERENCES: BOUNDARY SURVEY BY CARTER ASSOCIATES,INC. PROJECT No. 17-345, DATED &12J2017 THIS SKETCH AND DESCRIPTION IS NOT A BOUNDARY SURVEY. THIS SKETCH AND DESCRIPTION IS COMPRISED OF TWO PAGES, ONE IS NOT VALID WITHOUT THE OTHER. Revised RNJ CERTIFIEDT(7,Mc-ring `de-NarLR r'PlMS Association, Inc lu ROBERT N: JOHNSON, P.S.M. .'SIGNATURE DATE: LICENSE REGISTRATION NO. CARTER,ASSOCiATES, INC. , LICENSED,BUSINES5(J0.3205 CARTERASSOCUTFS,INC. lFlol.I L. MAINTENANCE EASEMENT SHEET CONSULTING ENGINEERS AND LAND SURVEYORS °R"'�RBY; E" LYING WITHIN GOV. LOT 8, SECTION 36 1 Q F 2 AM. 81 B b TOWNSHIP 31 S, RANGE 39 EAST 1708 21S st STREET, VERO BEACH, R 32960 . IND. 9mJau.m INDIAN RIVER COUNTY, FLORIDA TEL' (772) 562191 FAX: (TT2) 562-7180 Rff. a -- Fa aea:snbt DESCRIPTION �y.x szcz:-n EXHIBIT'A' S 00'00'00" E 6.06' wz 00 rn rn S 55'01'57" E 21.11' �> SEMINOLE TRAIL/ 10TH AVE. Z 70' RIGHT-OF-WAY N Jw S 80'07'46" E 23.47'- - '6 z w z =%—ji- CARTER ASSOCIAM, INC. CONSULTING ENGINEERS AND LAND SURVEYORS I MAINTENANCE EASEMENT LYING WITHIN GOV. LOT 8, SECTION 36 TOWNSHIP 31 S, RANGE 39 EAST 1 (�^(nZ ZFQ0 1708 21st STREET, VERO BEACH, FL 32960 TEL: (772) 5624191 FAX (772) 562-7180 volar : em bn REF. k INDIAN RIVER COUNTY, FLORIDA ZONj �\Z Z W m ' I Owwo LLJ Lc!1 0] w v) n N la' U W N F- 0 15 30 va m I 0 O SCA(1 Inch = 30 Feet) M 3 I— Z o Z= O z < zOaf Fr Lo r CL o z 0 > In balwW m ow m U Z Z < QW N F I w u-) I W �Y O �itl, I III IIII 'i' r I wO m 11 ril I111T'1'T7lI. Ii �� N w i, Imo: M i V) w w� Ld > o N r co I � N = IW jO In o a0 ( t7 w V) o W p J J } OO_ mrSFW J N (j wna0 JV) w <Q Wloo ZZ61 �3 oN Z mu, ?� WV)— — ---DZ - -------------- Z0L`l Z xz 1 D_ LLJ Z p W� ? 1 Z¢o W � I w C) I Zoe O I rn ��z oWa U 1 o�Z 4 w U) S 8-705'08' E 28.93' ~o J YF} ma I d. J 0¢3 I I cv IL z N O�Z — — — — — — — — — — — — — — — — — — — — — — — ( FXJ aW� ( X N 00'38'09" W 24.31'7 1 LEGEND of a I L LENGTH a 1 R RADIUS (P) PLAT THIS SKETCH AND DESCRIPTION IS NOT BOUNDARY SURVEY. CHB P.B. CHORD BEARING PLAT BOOK THIS SKETCH AND DESCRIPTION IS COMPRISED OF TWO PG. PAGE PAGES, ONE IS NOT VALID WITHOUT THE OTHER. =%—ji- CARTER ASSOCIAM, INC. CONSULTING ENGINEERS AND LAND SURVEYORS .k : �' ' �" APPD, BY : RW MAINTENANCE EASEMENT LYING WITHIN GOV. LOT 8, SECTION 36 TOWNSHIP 31 S, RANGE 39 EAST SHEET ^ Or - 1 1708 21st STREET, VERO BEACH, FL 32960 TEL: (772) 5624191 FAX (772) 562-7180 volar : em bn REF. k INDIAN RIVER COUNTY, FLORIDA DESCRIPTION