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HomeMy WebLinkAbout2022-040RESOLUTION NO. 2022- 040 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COMMUNITY DEVELOPMENT DIRECTOR OR DESIGNEE, TO EXECUTE LICENSE AGREEMENTS PERTAINING TO DOCKS UTILIZING COUNTY RIPARIAN LAND WITHIN THE COUNTRY CLUB POINTE SUBDIVISION. WHEREAS, per Resolution 1998-58, the Indian River County Board of County Commissioners ("Board") delegated to the Community Development Director the authority to execute license agreements pertaining to transferred property utilizing County riparian land for docks within the County Club Pointe Subdivision; WHEREAS, on May 10, 2022, the Board voted to amend the standard license agreement and also change the process by which docks are transferred within the Country Club Pointe Subdivision; and WHEREAS, the Board is approving this resolution to the Community Development Director the authority to execute the new license agreements pertaining to the transfer of docks utilizing the County riparian land within the County Club Pointe Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Community Development Director, or designee, is hereby delegated the authority to execute any and all license agreements pertaining to the docks utilizing County riparian land within the County Club Pointe Subdivision. 1 RESOLUTION NO. 2022- 040 2. The license agreements shall be insubstantially the same form as that attached hereto as Exhibit "A". One form is for license agreements for docks that are associated with property transfers and the other is for docks unassociated with property transfers. This Resolution was moved for adoption by Commissioner Earman and the motion was seconded by Commissioner Flescher , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan AYE Vice Chairman Joseph H. Earman AYE Commissioner Susan Adams AYE Commissioner Joseph E. Flescher AYE Commissioner Laura Moss AYE The Chairman thereupon declared this Resolution duly passed and adopted this 12th day of July, 2022. Attest: Jeffrey R. Smith aerk of Court and Comptroller By. Deputy Clerk Approved as to form and legal sufficiency By: Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONE INDIA"VER COUNTY, FLORIDA ") t In in 2 Peter D. O'Bryan, Chairmbn R5,. y iv0A1MlSS ` i' �`'9�;'ER C OUN� �• This document was prepared by: Office of Indian River County Attorney 1801 271h Street Vero Beach, FL 32960 772-226-1425 Exhibit "A" Transferrable LICENSE AGREEMENT This agreement made and entered into this day of , 2022 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27'h Street, Vero Beach, Florida 32960, hereinafter referred to as "County" and whose mailing address is hereinafter "Licensee". WITNESSETH: That, in consideration of the following covenants and agreements, the parties hereto state as follows: 1. Indian River County is presumptively the holder of riparian rights to the canal lying easterly of Calcutta Drive, by virtue of the dedication of Calcutta Drive adjacent to said canal to the public by the Replat of Country Club Pointe, Unit 1 at Plat Book 4, Page 11, Public Records of Indian River County, Florida; 2. Licensee is owner of Lot _, Block _, Country Club Pointe, Unit 2, which lot lies (hereinafter the "PROPERTY"); 3. Licensee has sought permission to utilize the riparian land of County along the east right-of-way line of Calcutta Drive, generally described as due east of due east of the north property line of Lot 10, Block 2, Replat of Country Club Pointe Subdivision, Unit 1 AND plus -or - minus 13 feet south of the extension thereof, and running southerly approximately for 25 feet along the canal (and numbered _ on County's inventory) for the use of a dock for personal recreational use of themselves and/or occupants of said Lot _, Block _, Country Club Pointe, Unit 2; 1 Exhibit "A" Transferrable 4. County agrees to allow Licensee to utilize said dock for personal recreational uses of themselves and/or the occupants of Lot _, Block _, Country Club Pointe, Unit 2 for so long as they own/occupy the PROPERTY. This right shall not be assignable, nor shall Licensee rent the dock to third parties other than the occupant (if not Licensee) of Lot _ Block _, Country Club Pointe, Unit 2; 5. Licensee agrees to pay the County a one-time $5,000 transfer fee and $2,000.00 per year plus applicable sales tax commencing on 1 2022 and each year thereafter for the exclusive right of Licensee and/or occupants of Lot _, Block Country Club Pointe, Unit 2, 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 canal lying easterly of the PROPERTY 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. A certificate of insurance must be provided annually to the County by the Licensee detailing the following language in the Descriptions of Operations/Locations on the certificate: "Indian River County is named as an additional insured with respect to labiality coverage for leased dock at Riparian land as described in Book Page of the public records of Indian River County, Dock No. 17."; 7. Licensee agrees that no boat maintained at said dock shall have a clearance of greater than 14 feet above water, said height limitation being related to the clearance of the Indian River Boulevard bridge over the Main Relief Canal. The maximum length of any boat shall not exceed 24 feet (including engines) for the dock identified as number _ on the County's dock inventory; 8. Licensee agrees that the County may make annual inspections of the dock facility under license agreement and that this right shall be preserved in any rental agreement 2 Exhibit "A" Transferrable for Lot _, Block _, Country Club Pointe, Unit 2. In addition to such annual inspection, the County may inspect the dock facility due to storm events or complaints submitted to the County by third parties. Licensee further agrees to correct any maintenance deficiencies, subject to normal County building permit requirements, within thirty (30) days of notification of any such deficiencies identified. If the dock facility falls into disrepair and is not corrected within the applicable time period, the County has the right to remove the dock and lien the PROPERTY for the costs associated with such removal; 9. Licensee must apply for a permit with Indian River County, within 60 days of entering into this license agreement, to either repair or demolish and rebuild the dock. Within 120 days from the issuance of the permit, the repairs or rebuilding of the dock must be accomplished and a request to Indian River County for an inspection must be made; 10. Prior to the installation of any electricity to the dock, Licensee shall obtain a quote from a licensed electrician familiar with dock designs. Licensee shall also provide a copy of the quote and designs to the County for review and must receive approval from the County before electric work can be installed; 11. Prior to the installation of any water or irrigation service and connection to the dock, Licensee shall obtain a quote from a licensed contractor familiar with dock designs. Licensee shall also provide a copy of the quote and designs to the County for review and must receive approval from the County before work can be installed; 12. The parties agree that this license agreement shall terminate upon sale of the PROPERTY by the Licensee, at which time any dock improvements under this license agreement shall become the property of County, unless the then purchaser of the PROPERTY 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 sale of the PROPERTY. 13. Licensee is required to have the dock facility inspected on a five-year cycle by an independent third -party expert and to submit that report to the County; 3 Exhibit "A" Transferrable 14. This license agreement may also be terminated by County if condition 4 or covenants 5, 6, 7, 8, 9, 10 or 11 above are violated. County may also terminate this license agreement for unpermitted work on the dock facility, for work that would require a permit. 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; and 15. 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. Witnesses: Signature: Printed Name: Signature: Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA L - Phillip J. Matson, AICP Community Development Director Authority: Resolution No. 2022-, The foregoing instrument was acknowledged before me, by means of i physical presence or ❑ online notarization, this day of , 2022 by Phillip J. Matson, AICP, Community Development Director for Indian River County, Florida under authority of the Board of County Commissioners of Indian River County, Florida. who is ❑ personally known or ❑ produced identification in the form of NOTARY PUBLIC: SEAL: Sian: printed name: Commission No.: Commission Expiration: 4 Witnesses: Signature: Printed Name: Signature: Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER Exhibit "A" Transferrable OWNER: By: Printed Name: The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 2022 by who is ❑ personally known or ❑ produced identification in the form of SEAL: NOTARY PUBLIC: Sian: Printed Name: Commission No.: Commission Expiration: 5 This document was prepared by: Office of Indian River County Attorney 1801 27th Street Vero Beach, FL 32960 772-226-1425 Exhibit "A" Non -Transferrable LICENSE AGREEMENT This agreement made and entered into this day of , 2022 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 271h Street, Vero Beach, Florida 32960, hereinafter referred to as "County" and I whose mailing address is hereinafter "Licensee". WITNESSETH: That, in consideration of the following covenants and agreements, the parties hereto state as follows: 1. Indian River County is presumptively the holder of riparian rights to the canal lying easterly of Calcutta Drive, by virtue of the dedication of Calcutta Drive adjacent to said canal to the public by the Replat of Country Club Pointe, Unit 1 at Plat Book 4, Page 11, Public Records of Indian River County, Florida; 2. Licensee is owner of Lot _, Block _, Country Club Pointe, Unit 2, which lot lies (hereinafter the "PROPERTY"); 3. Licensee has sought permission to utilize the riparian land of County along the east right-of-way line of Calcutta Drive, generally described as due east of due east of the north property line of Lot 10, Block 2, Replat of Country Club Pointe Subdivision, Unit 1 AND plus -or - minus 13 feet south of the extension thereof, and running southerly approximately for 25 feet along the canal (and numbered _ on County's inventory) for the use of a dock for personal recreational use of themselves and/or occupants of said Lot _, Block _, Country Club Pointe, Unit 2; 1 Exhibit "A" Non -Transferrable 4. County agrees to allow Licensee to utilize said dock for personal recreational uses of themselves and/or the occupants of Lot _, Block _, Country Club Pointe, Unit 2 for so long as they own/occupy the PROPERTY. This right shall not be assignable, nor shall Licensee rent the dock to third parties other than the occupant (if not Licensee) of Lot Block _, Country Club Pointe, Unit 2; 5. Licensee agrees to pay the County a one-time $5,000 transfer fee and $2,000.00 per year plus applicable sales tax commencing on 1 2022 and each year thereafter for the exclusive right of Licensee and/or occupants of Lot _, Block Country Club Pointe, Unit 2, 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 canal lying easterly of the PROPERTY 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. A certificate of insurance must be provided annually to the County by the Licensee detailing the following language in the Descriptions of Operations/Locations on the certificate: "Indian River County is named as an additional insured with respect to labiality coverage for leased dock at Riparian land as described in Book Page of the public records of Indian River County, Dock No. 17."; 7. Licensee agrees that no boat maintained at said dock shall have a clearance of greater than 14 feet above water, said height limitation being related to the clearance of the Indian River Boulevard bridge over the Main Relief Canal. The maximum length of any boat shall not exceed 24 feet (including engines) for the dock identified as number _ on the County's dock inventory; 8. Licensee agrees that the County may make annual inspections of the dock facility under license agreement and that this right shall be preserved in any rental agreement 2 Exhibit "A" Non -Transferrable for Lot _, Block _, Country Club Pointe, Unit 2. In addition to such annual inspection, the County may inspect the dock facility after storm events or due to complaints submitted to the County by third parties. Licensee further agrees to correct any maintenance deficiencies, subject to normal County building permit requirements, within thirty (30) days of notification of any such deficiencies identified. If the dock facility falls into disrepair and is not corrected within the applicable time period, the County has the right to remove the dock and lien the PROPERTY for the costs associated with such removal; 9. Licensee must apply for a permit with Indian River County, within 60 days of entering into this license agreement, to either repair or demolish and rebuild the dock. Within 120 days from the issuance of the permit, the repairs or rebuilding of the dock must be accomplished and a request to Indian River County for an inspection must be made; 10. Prior to the installation of any electricity to the dock, Licensee shall obtain a quote from a licensed electrician familiar with dock designs. Licensee shall also provide a copy of the quote and designs to the County for review and must receive approval from the County before electric work can be installed; 11. Prior to the installation of any water or irrigation service and connection to the dock, Licensee shall obtain a quote from a licensed contractor familiar with dock designs. Licensee shall also provide a copy of the quote and designs to the County for review and must receive approval from the County before work can be installed; 12. The parties agree that this license agreement shall terminate upon sale of the PROPERTY by the Licensee, at which time any dock improvements under this license agreement shall become the property of County, this license agreement will not transfer with the transfer of the PROPERTY; 13. Licensee is required to have the dock facility inspected on a five-year cycle by an independent third -party expert and to submit that report to the County; 3 Exhibit "A" Non -Transferrable 14. This license agreement may also be terminated by County if condition 4 or covenants 5, 6, 7, 8, 9, 10 or 11 above are violated. County may also terminate this license agreement for unpermitted work on the dock facility, for work that would require a permit. 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; and 15. 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. Witnesses: Signature: Printed Name: Signature: Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY, FLORIDA M Phillip J. Matson, AICP Community Development Director Authority: Resolution No. 2022-, The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 2022 by Phillip J. Matson, AICP, Community Development Director for Indian River County, Florida under authority of the Board of County Commissioners of Indian River County, Florida. who is ❑ personally known or ❑ produced identification in the form of SEAL: NOTARY PUBLIC: Sign: printed name: Commission No.: Commission Expiration: Witnesses: OWNER: 4 Signature: _ Printed Name: Signature: Printed Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER Exhibit "A" Non -Transferrable By: Printed Name: The foregoing instrument was acknowledged before me, by means of i i physical presence or ❑ online notarization, this day of , 2022 by who is ❑ personally known or ❑ produced identification in the form of NOTARY PUBLIC: SEAL: Siqn: Printed Name: Commission No.: Commission Expiration: 5