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Home My WebLink About2024-038This instrument prepared under the direction of: County Attorney's Office Indian River County 180127 th Street (Building A) Vero Beach, Florida 32960-3388 TEMPORARY LICENSE AGREEMENT This Temporary License Agreement is made and entered into this (F day of /W, 2024, by and between RED STICK GOLF CLUB, INC., a Florida not-for-profit corporation, whose principal place of business is 8350 58TH Avenue, Vero Beach, FL 32967 (hereinafter "OWNER"), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "County"). In consideration of the benefits accruing unto the County, the parties agree as follows: OWNER is the owner of the property situated in Indian River County and depicted and described in Exhibit A attached to and by this reference incorporated in this Agreement. OWNER hereby grants to County a temporary license to occupy and use, subject to all of the terms and conditions hereof, the following described premises, particular to the Proposed Utility Easement Dedication (20') area shown/outlined in the attached Exhibit A (hereinafter the "Licensed Property"): Parcel No: 31393300006000000001.0 8350 58TH AVE VERO BEACH, FL 32967 That OWNER, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the County and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby convey and grant to County a temporary permit and authorize the County and its employee(s), contractors, subcontractors, and agent(s) to enter upon the property identified above and install a permanent sewer service line on the Licensed Property. The exercise of any of the privileges granted is subject to and constitutes acceptance of all the conditions of this Temporary License Agreement. This Temporary License does not convey any other right, title, or interest in the Licensed Property. County agrees that the Licensed Property may only be used for the installation of a permanent sewer service line and no other purpose. This Temporary License Agreement is not assignable to any other party. County will properly flag all section corners, quarter corners, and other survey monuments lying within the Licensed Property. County shall bear any survey costs for resetting these monuments if they are disturbed by County in any way. Upon completion of the installation the County and/or its subcontractor(s) shall restore the portion of the premises disturbed by the installation to its pre -installation condition, which includes removing the temporary construction facilities and debris, leveling off the area, and restoration of sod and other vegetation. This License Agreement shall expire upon the completion of restoration, but not later than August 30, 2024. County shall indemnify and hold harmless the OWNER from and against any and all claims, liabilities, losses, damage, or causes of action to both persons and property, which may arise from any misconduct, negligent act, or omissions of either the County or any of its respective agents, officers, or employees in connection with the performance of this Temporary License Agreement. Initials 1/�`- County shall maintain premises liability insurance coverage through the term of this Temporary License Agreement and provide proof of such instance to OWNER for the duration of the term of this agreement. The policy must provide minimum limits for bodily injury and property damage as required by law and include the OWNER as an additional named insured. A certified "as -built" record drawing of the horizontal and vertical location of proposed sewer service line conduits, shall be provided to the OWNER within thirty (30) days of installation. The vertical location profile of the utility sewer line shall also show the invert size and type of sewer line within the Licensed Property. If an "as -built" record drawing is not preferred, the County shall deliver the same prior to commencement. Within thirty (30) days after completion, County shall provide a sketch and legal description of the easement area that contains the sewer line. The County shall be responsible for recording the easement in the public record. County is hereby cautioned that other permitted utilities and/or improvements may exist in the general area of the Licensed Property. County shall be liable for damages to any existing permitted structures, or utilities resulting from the installation of proposed permanent sewer line utilities. County shall advise the OWNER in advance of commencement, and upon completion, of construction within the Licensed Property. The making, execution and delivery of this agreement by County have been induced by no representations, statements, warranties, or agreements other than those contained herein. This agreement embodies the entire understanding of the parties and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof. Initials StA' [Signatures to Follow on Next Page] License Agreement 8350 58TH AVE Page 2 of 4 EXHIBIT A: 24" FM Replacement Indian River_County/Red Stick Golf_Course_ROW_Ilne Mal Proposed Utility Easement_Dedication (20') j fn .,. Indian River County Department of Utility Services a °v z� 24 Inch Forcemain Easement Dedication R R Date: 1/29/2024 "LORAD' Scale: 1" = 2,500' 0� Z� Existing 24" FM in 10' to 20' x existing utllity easement. Easement Is to remain or abandon Waste Management/ Red Stick Golf Course ROW line 0 . . . . . . . . . . . . .� c� t��• N S IN WITNESS WHEREOF, the OWNER and COUNTY have signed these presents the day and year first above written. Signed in the presence of the following witnesses: Sign: Print: Add rt Sign: Q Print: Address: D 5TA &-t Pro 614th, Ft -2 (O7 STATE OF FLORIDA COUNTY OF INDIAN RIVER RED STICK GOLF CLUB, INC., a Florida not-for-profit corporation (OWNER) (authorized signatory) Printed Name: Sieek - Cot Title: W cs i dtn.% The foregoing instrument was ackn wledged before me, by means f aysical p seg�cee or ❑ online notarizati this day f r r 2024 by 111111 the Y of R STICK GOLF CLUB, INC., a Florida not -for- ofit corporation, who is Y 4>6so'nally known or ❑ produced identification in the form of NOTARYADUBLIC: r-,, ` Sign: ►�: AWSEN GIORDANO Printed Name: MY COMMISSION # HH 090767 Commission No.: °:• ,• EXPIRES: April 16, 2025 Commission Expiration: :�•f �a r Bonded Ttvu Notary Public Underwriters SEAL: License Agreement 8350 58TH AVE Page 3 of 4 INDIAN RIVER COUNTY, a political fiV bd iviAicW of the State of Florida By: �r -- Sea eske � rector,ZDepartment of Utility Services Date: II224 Appro to form and le al su cien By: Kei ackman Assist nt County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, by means of C'physical presence or ❑ online notarization, this d1 day of 2024 by Sean Lieske, the Utility Services Director of INDIAN RIVER COUNTY, a political subdivision of the State of Florida, who executed on behalf of and with the authority of the Indian River County Board of County Commissioners and who is personally known or O produced identification in the form of HEATHER L ALEXANDER Notary Public • State of Florida Id" ` Commission M GG 967477 or M1 1 My Comm. Expires Mar 17, 2024 Bonded through National Notary Assn. SEAL: NOTARY PUBLIC: o , Sign: 41 .f�r�.' d� •-t/ Printed Name: ui/�4 Commission No.: 96 9G7,V7'7 Commission Expiration: aA71AY, License Agreement 8350 58TH AVE Page 4 of 4