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Home My WebLink About1999-27040 �9 LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY This Agreement is between INDIAN RIVER COUNTY, FLORID k, 1840 25`h Street, Vero Beach, Florida 32960, (hereinafter referred to as "COUNTY" and the SEA OAKS PROPERTY OWNER'S ASSOCIATION, INC., a Florida not-for-profit corporation, 1235 Winding Oak Circle East, Vero Beach, Florida, 32963 (hereinafter referred to as "SOPOA"). WITNESSETH: That for good and valuable consideration, the receipt of which is hereby acknowledged, COUNTY and SOPOA agrees as follows: 1. COUNTY hereby issues SOPOA a ten-year, non-exclusive, non -cancelable License to use that certain property shown on Exhibit "A" and denoted as Parcels One (1), and Two (2). The Licensed Property shall be extended annually thereafter for additional one-year terms, unless and until a one-year written notice is given by the COUNTY to SOPOA that the COUNTY intends for the License to terminate. In the event of termination, SOPOA will vacate the Licensed Property shown on Exhibit "A", and remove any and all non- County owned, permanent, aboveground structures, facilities, and equipment. 2. In consideration for the License, SOPOA agrees to maintain the established areas by periodically mowing the cleared portions of the Licensed Property, and treating for exotics, and other areas around the COUNTY Wastewater Treatment Plant located generally on Exhibit "A". SOPOA also agrees to assist in the facilitation of appropriate water metering of the Sea Oaks ocean condominiums, coordinating with AALimse agreement Sea Oaks.doc I 40 0 Associations for the execution of Signature Page "A", as contained in ANNEX I, and attached herewith. 3. SOPOA shall have the right to use the Licensed Property for construction of administration and maintenance modular structures for purposes affiliated with the Sea Oaks Development, in accordance with ANNEX I, as attached, and the County shall have the right to periodically inspect to verify SOPOA adherence to all terms and conditions imposed by this License. Any such construction and structures shall be approved in advance by the COUNTY, and shall adhere to the conditions contained in ANNEX t, and Exhibit 1. Any structures that may encroach onto Parcel Two (2) shall be built above the ground surface so that the entire square footage of Parcel Two (2) is available to the COUNTY for utility purposes when necessary. 4. SOPOA agrees to hold the COUNTY harmless for damages arising from any and all acts due to SOPOA, and its agents, in connection with this License. 5. SOPOA shall provide the COUNTY with proof of General Liability Insurance in the Amount of Three Hundred Thousand Dollars, and 00 cents, ($300,000.00), and shall name the COUNTY as a co-insured. IN WITNESS WHEREOF, this License Agreement was executed by the undersigned this 19 thy of October , 1999. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By 4nneth R. Macht, Commissioner SEA OAKS PROPERTY OWNE ASSOC. By; L.S. Eric Bonnet Attest: J.K. Barton, Clerk u Clerk ep ry W itnes5, , Indian Alva Co. ApE�A Admin. Legal 3 Budget /O 3 utllitier Risk Mgr. AALice sea m -§eaOaks.doc 2 INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners By 4nneth R. Macht, Commissioner SEA OAKS PROPERTY OWNE ASSOC. By; L.S. Eric Bonnet 40 • ATTACHMENT TO LICENSE AGREEMENT BETWEEN SEA OAKS PROPERTY OWNER'S ASSOCIATION, INC., and INDIAN RIVER COUNTY. ANNEX 1 METERING: When Indian River County acquired the North Beach Water System, it also acquired a number of unorthodox, non-standard, water meter installations. This metering section of Annex I is intended to permanently correct the problem by transferring the ownership and responsibility of all plumbing appurtenances existing on private property to the respective Boards of 8880 Sea Oaks Way North, 8840 Sea Oaks Way South, and 8830 Sea Oaks Way South, otherwise known as Sea Oaks 7, Sea Oaks 4, and Sea Oaks 3, the Sea Oaks Dunehouses, respectively. Beginning on or about July 1, 1999, the Indian River County Department of Utility Services will utilize the existing individual master meters at each of the aforementioned buildings for the purpose of flow monitoring and billing, and it will be the responsibility of the Condominium Associations, or their designees, to allocate utility charges to the individual dwelling -unit owners. The County will continue to own and maintain the water distribution system up to, and including, each of the Master Water Meters. The Condominium Associations, or their designees, shall own and maintain all plumbing components downstream of the respective Master Water Meters to the Point - of -Use (POU) at each dwelling unit. By execution of Signature Page "A" as part of Annex 1, the Condominium Associations hereby agree to the aforementioned terms. EMPLOYEE USAGE The License Agreement is issued for the express purpose of describing and regulating the construction/installation of suitable modular facilities to provide maintenance and administration services to the Sea Oaks development, and should not be used for any other purpose. Facility purpose shall be limited to an administrative office, an employee time clock, toilet facilities, material and supply storage, and workshop area. The storage and use of fuels and oils on County property is expressly prohibited by the License Agreement. The area shall not be accessible to the Sea Oaks residents for gatherings, meetings, etc., while the wastewater treatment facility is maintained in its present permitted operation. SITE PLANNING • The License Agreement does not constitute, nor imply, approval of any site plan Condition. OwpWydocs''Annex1.Rev2 db C • • All planning, permitting, and construction on the site shall be the responsibility of the SOPOA, and shall be in accordance with the rules and regulations of Indian River County. Site plan approval must be obtained by SOPOA prior to any site work taking place. • Restricted access to Parcel One shall be made available from a single gated location, the location of which shall be coordinated with the County Utilities Department. • Access to Parcel Two shall be by foot traffic only, and not be from AIA or the adjacent construction/utility easement. + Only those Sea Oaks employees authorized to enter the site will be allowed access. Parcel One shall not normally be accessible by Sea Oaks residents, Parcel Two is strictly off limits to the public, and shall be enforced by signage provided by SOPOA. • Development of Parcel One shall proceed with the utmost care, with the preservation of existing vegetation such as mature Oaks and Palms required. Removal of foliage is limited to exotics only. Dead or dying palms may be removed, but must be replaced by SOPOA. All removal and replacement must be coordinated with the County. All exotic vegetation will be hand removed, not openly sprayed, and no regrowth shall be permitted during the term of the License. The entire wastewater treatment plant site shall be free of exotics within two (2) years, and shall be maintained in this condition throughout the life of the License Agreement. • A minimum 18 inch high berm shall be constructed along the boundary of Parcel One and Parcel Two, as delineated in Exhibit "A", utilizing surface material available on site. The continuous berm shall be maintained by SOPOA for the term of this License Agreement. • Any material or structure proposed to be positioned on Parcel Two must be approved by the Utilities Department, and shall be elevated above the gound surface a minimum of 18 inches. In the event that future County construction necessitates a vacation of Parcel 2, County shall notify SOPOA in writing twenty- four (24) months in advance of construction event. • All utilities associated with the License Agreement shall be coordinated by SOPOA, and shall be installed so as to not enter or encroach upon Parcel Two. • SOPOA agrees to accept the aforementioned reclaimed water, and to continue to adhere to the terms of the Irrigation Agreement executed September 29, 1989. Additionally, in accordance with the above vacation notice, SOPOA agrees to abandon to the County all on-site irrigation facilities, utilizing SOPOA-owned facilities as a substitute. C\wp\mydms\Annex I .Rev2