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HomeMy WebLinkAbout1999-190Eli ORIGINAL ,r� LICENSE FOR USE OF COUNTY PROPERTY 1. A license is hereby granted by Indian River County, Florida, whose address is 1840 25th Street, Vero Beach, Florida 32960, (hereinafter Grantor) to Shawn Smith, owner of Super Dip Ice Cream & Sub Shop, whose address is 2169 42nd Court SW, Vero Beach, Florida 32968, (hereafter Grantee) to occupy, maintain and utilize the following described County property in accordance with the terms of this license, said property being situated in the State of Florida, County of Indian Fiver, City of Vero Beach, and described as follows: The Food Service Concession area located on the first floor of the Indian River County Administration Building located at 1840 25th Street, Vero Beach, Florida 32960 2. This license is granted on a continuing basis and may be terminated or modified according to the terms and provisions contained herein. 3. The above described property shall only be used by the Grantee for a Food Service Concession to serve Grantor's employees and the public. This license is made subordinate to the right of the County to use said area for a public purpose, and in addition to any other reservation made herein, it is understood and agreed that should Indian River County deem it in the public interest to use the above area, or any portion thereof for a public purpose, or for any purpose which will require the use of said area, Indian River County shall give Grantee sixty (60) days written notice of its intention to cancel this license. Grantee shall likewise have the same right of cancellation upon giving the Grantor sixty (60) days written notice of its intention to cancel, and in either event upon the termination or cancellation upon giving the Grantor or Grantee, as the case may be, this license shall become null and void and Grantee or anyone claiming any rights under this instrument shall remove any improvements and encroachmepts from said area at Grantee's expense, All work shall be done at the sole cost of Grantee and any decision by the governing body of the County in this matter shall be final and binding upon all parties insofar as the County's determination as to the public necessity of the use of said area for public use. 5. The Concessionaire shall procure and maintain worker's compensation insurance to the extent required by law for all his employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Concessionaire shall provide adequate coverage for the protection of such employees. The grantee shall procure and shall maintain broad form commercial general liability insurance at all times during the term hereof, (including contractual coverage) and commercial automobile liability insurance in amounts not less than show below. The Grantor shall be an additional named insured on these insurances with respect to all claims arising out of the operations or work to be performed. A. General Liability: B. Auto Liability- ]) Owned and Leased Automobiles 2) Non -Owned Automobiles 3) Hired Automobiles C. E7 $500,000 including products and completed operations. vunou Swgic nnui for bodily injury and property damage Workers' Compensation: Statutory and $100,0001500,0001100,000 limits The policy shall be an occurrence form; not a claims made nolicv. E. The insurance companies selected shall agree to furnish the County 30 days written notice of their intent to cancel or terminate the insurance. The Concessionaire shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the Concessionaire must state that the owner will be give thirty (30) days written notice prior to O cancellation or material change in coverage. Copies of an endorsement naming owner as Additional Name Insured must accompany the Certificate of Insurance. 7. The governing body of Indian River County reserves the right at any time to terminate and cancel this license, in accordance with the terms and conditions hereof, by Resolution duly passed by said governing body, and all rights granted hereunder shall thereupon be considered fully terminated and canceled and Indian River County shall not be held liable by reason thereof. Said Resolution shall be final and shall not be subject to review by the courts. 8. As a condition hereof, Grantee agrees and is bound to hold the Grantor harmless against any and all claims for damages, costs, and expense to persons or property that may arise out of, or be occasioned by the use, occupancy, and maintenance of the above described public property by Grantee, or from any act or omission of any representative, agent, customer, and/or employee of Grantee. Grantee shall not make any claim of any kind or character whatsoever against the Grantoi for damages that anyone may suffer by reason of conducting a Food Service Concession. It is the intention of this indemnity agreement on the part of Grantee, and a Condition of this license, that it shall be full and total indemnity against any kind of character of claim whatsoever that may be asserted against Indian River County by reason of, or as a consequence of having granted permission to Grantee to use and maintain the above described public property. Grantee Hereby agrees to defend any and all suits, claims, or causes of action brought against Indian River County on behalf of the County and pay any judgment or judgments that may be rendered against Indian River County in connection therewith. This license shall be binding upon Grantee and Grantee's successors, heirs, and assigns unless terminated in writing by either party. The obligations contained herein shall be assigned in writing, by either Grantee's successors, heirs, and assigns at the time that Grantee's interest in the above described property is conveyed. Any assignments of this license shall be delivered to Grantor within thirty (30) days prior to such assignment, or this license shall be null and void, and the Grantee's successors, heirs, or assigns interest in this license shall be terminated as provided herein. Grantor retains the right to approve the assignment or terminate the license if Grantor does not approve of the assignment. 10. The Grantor's Request for Proposals for the "Indian River County Food Service Concession" is to the extent relevant, and not in conflict with paragraphs 1 through 9 herein, is hereby incorporated by reference into this License. ATTEST: INDIAN RIVER COUNTY BOA OF COUN Y MISSIO ERS Jeffrey _ ,on, Clerks enneth R. Macht, Chairman Approved by RCC 7n ry9a LICENSE ACCEPTED•, �t BY:Lrte✓ Shawn Smith, Owner Super Dip Ice Cream & Sub Shop Indian qhs CC Approval 5"! AdmlrL S' Legal Budget /1-(/ C Dept. Fisk Mgr. / iu.i� C7 -i1/'