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HomeMy WebLinkAbout1989-0866/14/09( LEGAL )SP,F3D3/psn 1.1 CENSE AGREEMENT A LICENSE made this 11,1,=1.4._ day of _....,L, 1,909, between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having its principal office at 1040 25th Street, Vero Beach, Florida 32960, hereinafter referred to as the COUNTY, and INDIAN RIVER ARCHERS INC., a nom -profit CORPORATION organized end existing under the laws of the State of Florida, having its principal office at P. 0. Box 6424/5915, 02nd Avenue, Vero Reach, Florida 32961, hereinafter referred to as the CORPORATION. In consideration of the mutual covenants contained herein the parties agree as follows: 1. PROPERTY: COUNTY grants a non-exclusive license is crse land located in Indian River County and more particularly described as follows: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 2. PURPOSE: The premises shall be used by the CORPORATION only for Archery Club activities and other non-profit recreational purposes incident thereto. Prior to 1? utilization of the property, CORPORATION agrees to provide a written statement by the National Field Archery Association and the Florida Archery As>ociation that the archery range designed by CORPORATION conforms to the rules and standar6ls set forth by those associations. CORPORATION further agrees that no trees or palmettoes will be cut or removed in the construction of this archery range without written approval of the COUNTY through its Public Works Department. The COUNTY reserves the right to request financial statements from the CORPORATION relating to CORPORATION's use of the premises. CORPORATION shall furnish COUNTY a list of their officers and directors, and notify COUNTY of the names of any new officers and directors. CORPORATION shall furnish COUNTY with the names, addresses and telephone numbers of CORPORATION's officer or employee who shall have authority to pay CORPORATION's bills. 3. TERM: COUNTY grants a revocable, non-exclusive license to the above described premises for a term of one year, lgR commencin O terminating on June 18,, 1989 , or sooner as provided herein, for TWO HUNDRED DOLLARS ($200.00) and other good and valuable consideration. 6. RENEWAL: CORPORATION shall have the option to renew the license on a year-to-year basis at the end of the original period. Sixty (60) days' written notice must be furnished to COUNTY of an intention to exercise this option and each successive one-year extension. STRUCTURES. A. Exprse of construction and maintenance: All improvements and structures upon the subject property shall be made and maintained et the expense of the CORPORATION and without expense to the COUNTY. All litter rubble, trash and debris shall be removed from the property by the CORPORATION, which will maintain the the property in a clean condition during the term of this agT.eement. B. Mandatory_improvements: The CORPORATION shall provide sanitary facilities meeting with the approval of the Indian River County Health Department prior to the utilization of the property. C. Permissiveimprovemens: The CORPORATION shall have the right to construct a target range and other related structures or improvements only with the written consent of the COUNTY through its Public Works Director. All plans and specifications for any improvements shall be submitted to the COUNTY for approval es an initial requisite to said consent. CORPORATION agrees to install and to pay all costs for utilities, if any, used premises. D. RenLirs: CORPORATION agrees to be responsible For the maintenance of the licensed premises, including any necessary and improvements placed on the E. Removal: CORPORATION agrees to remove all such structures if so directed by the COUN7f. At the time of the final termination of this agreement, CORPORATION agrees to return the property to its original condition as directed by the COUNTY. All structures and fixtures to he constructed upon the subject premises shall be owned by the COUNTY. In the event of the revocation of the license herein granted for any cause, ownership of alt the property and its improvements shalt forthwith revert to the COUNTY without further action, G. ENCUMBRANCES: CORPORATION shall not pledge, mortga1le or otherwise lien or cause to be liened the subject property. In the event any 1len or other encumbrance is placed upon said property and is not removed within thirty (30) days, this; license :'shall forthwith be terminated. 7. INSURANCE AND I NDfMN l A. Policies: CORPORATION shall procure and maintain in force at ito expense during the term of this license and any extenr:iort titer'cnf public liability insurance adequate to protect Indian River County against liability for damage claims through public use of or arising out of accidents occurring In or around the licensed JtrernJses in a ntinimumt amount of $1,000,000.00 per claim for bodily injury to art aggregate arnartrtt cif $1,OOO,OOO.O0 Iter t>c'curr'cncc. A sigttec9 certificate of irtsr.rrar'rr:o evidencing such insurance shall be provided to the COUN'T'Y prior ict utilization of the property. The COUNTY shall be made a named insured on CORPORATION'S polis es, The insurance, cornitttny selected shall send written verification to the Iridian River County Risk Management Department that it will endeavor to provide 30 day,' written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies eat insurance. All insurance companies provided must he licensed to do business in Florida, and be rated at least A+VII per Best's Key Rating Guide. The form of insurance required for each policy is occurrence, not claims made. The CORPORATION is obligated to notify the COUNTY Risk Manager or designee of any notice of cancellation of any and all policies or of any action taken by the CORPORATION or the insurance provider which would in any way affect, alter, change or diminish the coverage required in this AGREEMENT. Failure by the CORPORATION to so notify COUNTY shall result in an immediate termination of this AGREEMENT requiring the CORPORATION to cease all use of the subject COUNTY property. A written safety plan must be submitted to the Indian River County Risk Management Department for approval prior to the execution of this agreement. The CORPORATION shall be required to purchase blanket medical insurance for all participants and spectators at CORPORATION's activities on the premises. Proof of such insurance shall be provided to the Indian River County Department of Risk Management. 13. COUNTY shall not be liable for any loss, injury, death or damage to persons or property which at any time may be suffered or sustained by CORPORATION or by any person whosoever may at any time be using or occupying or visiting the licensed premises, or he in, on or about the some, whether such loss, injury, death or damage shall he caused by or in any way result from or arise out of any act, omission or negligence of CORPORATION or of any occupant, subtenant, visitor or user of any portion of the premises. C. Indemnification: CORPORATION shall indemnify COUNTY against all claims, liabilities, lo0s or damage whatsoever on account of any such loss, injury, death or damage. CORPORATION hereby waives all claims against COUNTY for damages to the buildings and improvements that are now on or hereinafter placed or built 011 the premises, and to the property of CORPORATION in, ori or about the premises, and for injuries to persons or property in or about the premises, from any cause arising at any time. CORPORATION agrees to hold harmless COUNTY from and against any and all claims, lawsuits, judgments, or causes of action, for any injuries to persons or property arising out of the activities conducted by the CORPORATION on the property described herein. Further, CORPORATION shall be responsible for any and all such as described above at the CORPORAT1ON's sole cost and expense with no cost and expense to be incurred by the COUN1Y. 8. CONTROL: All control of the recreational activities conducted by the CORPORATION on the premises shall be under the exclusive management and direction of the CORPORAT1ON's directors, such activities are subject to all current and future restrictions and requirements of COUNTY concerning the use of such property or portions thereof and subject to all laws, ordinances and police regulations governing same, now and in the future. The licensed premises are to he open to the general public who have obtained permission from COUNTY during the term of the license, and any extension thereof, except when organized events are being held by CORPORATION. COUNTY will give written notice to CORPORATION of any applications to use licensed premises and afford CORPORATION an opportunity to he heard prior to approving or denying said applications. CORPORATION agrees to allow the City of Vero Beach/Indian River County Summer Recreational Programs to utilize the property and the archery course upon reasonable notice. CORPORATION is not to charge any general admission to the public, but CORPORATION may solicit donations from the public and may charge for insurance and maintenance costs. CORPORATION agrees to establish and maintain accurate accounting procedures to keep records of donations and 9, ASSIGNMENT: CORPORATION shall not assign this license to any other party. Any attempt to assign this license will terminate this license automatically. 10. TERWNATION: COUNTY shall cause, to terminate this license after giving CORPORATION sixty (60) days' written notice. Any breach of the terms and conditions of this automatically. 11. MODIFICATION: This license contains the entire agreement between the parties and cannot be modified or arnended except by written instrument subsequently executed by the parties hereto. This license and the terms and conditions hereof apply to and are binding upon the heirs, legal representatives, successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first set forth above. qcW1(4,01(102_OLU(LL. • tN -ITness STATE OF FLORIDA COUNTY OF INDIAN RIVER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By • _ 'Gary/C. Wheeler Cha:rman INDIAN RIVER ARCHERS INC., a non-profit corporation ilyAq.... 61, 6Teg .'maenHeac, 5resrcIaT I HEREBY CERTIFY that on this clay before me, an officer duly authorized to take acknowledgments, personally appeared GARY C. WHEELER and JEFFREY K. BARTON, to me known to be the Chairamn and Clerk respectively for the INDIAN RIVER COUNIY BOARD OF COUNTY COMMISSIONERS, who executed the foregoing Instrument on behalf of said Board and they acknowledged before am that they executed the same. Into roeCi,Aii cr.rt,1_ ""1A Etreic I net: Cs-, 111,51‘ M “:1"."'•';" WITNESS my hand a aforesaic this J5 My„Commission Expires: __._�_3 iJ Y_Fill�UL.STRifr 11.(1111/1h'! CONYICi1oB D . TlY17,75tr__.__ P.opirn 1=:0 (DEM 1N5, Oen. STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this clay before me, an officer duly authorized to take acknowledgments, personally appeared Greg Cadenhead, President of INDIAN RIVER ARCHERS INC. who executed the foregoing instrument and acknowledged before me that he executed the same on behalf of INDIAN RIVER ARCHERS INC., a non-profit corporation. WITNESS my hand and official seal in the County, and State last aforesaid ard this ._j day of ._...._, 19©.9 iNr24rtf.n rAlRhNONNOS LLASE OESCRIPTION Thu South half of the North half of tho Southwest 1/4 of thu Southeast 1/4 of Section 32, Township 31 11outh, f1,7,nge 39 Ea5t, 1,1:55 the 14Q5t 400 feet. The liouth half of the Southwatit 1/4 of the SouthrwAt 1/4 of Section 32, Tormship 31 South, Range 39 Foot, LES5 ootiomont and right-of-way of 77th Strout, Al1 lying and being in Indian (liver County, Florida. r) a Preedrod Chor1es A. Cromer, P.1-5. County Suryoyor THIS CERTIFICATE 19 1539E0 AF A MATTER OF INFORMATION ONLY AND CONFERS NO RI00003 UPON THE CERTIFICATE HOLDER. T1110 CERTIFICATE 110E5 NOT AMEND, EXTEND OR ALTER 711E COVERAGE AFFORDED BY PIE P01101911 BELOW, Albert H. Wohlers & Co. 1440 N. Northwest Highway Park Midge, IL 60068-1400 PAWS AFFORDING COVERAGE INSURED Chapters of Nat'l Field Archery Association Indian River Archery 8445 - 90th. Avenue Vero Beach, FL 32967 COMPANY LETTER COMPANY LETTER COMPATTERNY LE COMPANY a L[TRn .. , ... TT, roe„ 7100'919 TO DERTWY THAT 1 ItOTwITHSTA000*lD AIV RE 1591/ED OR MAY DE ITA T1093 OF RUCII POLICIES. '”ATT :10771::07333,N ' B189009 01 1.I01E0 BELOW HAVE BEEN ISSUED TO TIME IN5URCO TAMED ABOVE on THE POLICY F'Cd?!D{ 4T, TERM OR 00/00)T1ON OF ANY CONTRACT DR OTNEFI DOCUMENT WITH PIEHF'ECT TO 0/111CFV 7019 00RT UrrTIANOE AFFORDED DY THE P0001115 OEIICn00E0 OSUMI IS SUBJECT TO ALL THE TER*AS, 80E1091009, PoUCr ll/010 UAII I0!1180V8 12-31.-88 10000 0)1,111,1,O11 0101 i'AVON,/ ALL LIEAITS 19 T110998N05 $2.000 51,000 000, LOULFD AUTOS D 00105 OWNED AUTOS 008 LIAB1111Y WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY �DYt!'"Vv On Form in100100000RA710N51LOCATIONS/VEIUCLL9/P115TRICn0N010000IAL HEMS INCLUDING AS ADDITIONAL INSURtiD; r. c1 of Commissioners, Indian River County, 1'L, Property Owners, Attn: c /,igmt, 1040 -• 25th. St., Vero Beach, U'L 32960,with respect to: Outdoor_ ;;e - year round at: South half of the North half of the Southwest. 1/4 of the Southeast 1/4 action 32, Township 31 South, Range 39 East, LOSS the West 400 feet:. Southwest 1/4 of the Southea. 1/4 of Section 32, Town - 9 Past, L[16'S easements and right-of-way of 77th. Street: 1041010 River County, Florida n,� Albert H. Wohlers & Co. 1440 N. Northwest Highway Park Ridge, IL 60068-1400 NSURED chapters of Nat'l Field Archery Association Indian River Archery 3445 - 90th. Avenue Vero Beach, FL 32967 THIS 13 TDGERTtY•Y THAT Pti§.#(i4880 1.'OTWITHSYANRtNO ANY REQ4444)8 0 BE ISSUED OR MAY 48408AEN, TF1@ RNA TIONS 09 SUCH 40146 93. TYPE OF INSURANCE 084)458 11851LITY __.,__..._ v 89994)48154 0419901 LIAUILIIY THIS CERTIFICATE IS ISSUED A8 A MATTER OF ROFO'10.MATION ONLY AN0 COI/FENS NO RIGHTS UPON THE CERTIFICATE NOLOER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE C.OVERAG4 *4900000891448 POLICIES BELOW COMPANIES AFFORDING COVflUAGE ETTERNY A INA-----------•�---•�---------- COMPANY_--- —. ..... ...... .,-..._.-.,.._,......_... ....__ PL ETT COMPERANY L LETTCOMPANY ER T'tPf&UiiAHCE LIFLYE015810W HAVE 41EkI{4fl.9U81 TO THE IN81411E)1198)61488104E Foil TI'E POLICY 48014 NT, TERM OR COt0l14l0N OF ANY CO14TflAOT (51 07888 DOCIINENT vin 11 RESPECT TO IV3 NCH TIlla CE 448088E AFF0R0EDRYTNC POUCIEB DESCRIBED HEREIN 15 EUC.IF.CT TO ALL 111E 1814918, 41X6193)044 POLICY NU110F, 11 • •^—N 8884 IIII84 )1 48CY LU'.i:IIPx — ___......_.....-....-..._—' MH IV'412'48 044114424948 SVP D2-07-82--38••9 12-,31-80 12-31.839 ALL LIMITS IN THOUSANDS OA100)14 LIABILf ANY AUTO All OAI,10 AUTOS 50)101)840 AUTOS 09)11) TNAN 0459/418 401)45 WORIO 143' COMPENSATION AND CHI'I.DYERS' LIABILITY SHOULD ANY OF THE MIME DESCR'11ED POLtCl00 ME C 4146 LlEO 2094X'E TIIE EX PIRATION DATE 144(56OF, TIIE 19)41114 COMPANY 0114 ENDEAVOR TO AtAIL 30 UM WRITTEN NOTICE TO TI)E CE,ITN'ICAi'41 110LG114 4488188 TO THE LEFT. OUT FAILURE 10 MAIL SUCH NOTICE SHALL 114!01E 480 OM.ICIATION 011 LIAOII.ITY OF 834 81NH UPON THE COSPU)4)_ 118 4)448)4)4 0.1 R�PREEEIITA1IVE8,_ AUTHORIZED REPHESENTATIVE� ;' "v'Nr"1 I"w