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HomeMy WebLinkAbout2024-001FIRST RENEWAL AND EXTENSION OF LICENSE AGREEMENT This First Renewal and Extension of License Agreement is entered into this /d day of January 2024 by and between Indian River County, a political subdivision of the State of Florida (County or Licensor) whose address is 1801 27th Street, Vero Beach, FL 32960 and a resident of Indian River County, (Licensee) whose address is 4715 43rd Ave, Vero Beach, FL 32967and agree as follows: WHEREAS, the County is the owner of The Victor Hart Sr. Community Enhancement Complex (VHSCEC); and WHEREAS, the Licensee is a Deputy Sheriff with the Indian River County Sheriff's Office ("IRCSO"); and WHEREAS, County and Licensee entered into a License Agreement on January 18, 2022, whereby Licensee would perform certain duties in exchange for residing in the single-family residence and; WHEREAS, the License Agreement and the Renewal and Extension of License Agreement (Renewal) have a term of two years subject to renewal for two (2) additional two (2) year terms, upon the mutual agreement of both parties and; WHEREAS, the parties are mutually satisfied with the terms of the License Agreement and hereby agree to renew and extend the license agreement again. NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are adopted by reference herein. 2. The License Agreement dated January 18, 2022, is hereby renewed and extended until January 18, 2026. 3. The remaining terms and conditions of the License Agreement shall remain unchanged. 1 IN WITNESS WHEREOF, the parties have executed this First Renewal and Extension of License Agreement as of the day and year first written above. Lo ori SM 1� Witness Witness Approved as to form and legal sufficiency &�-4 gamn..f William K. DeBraal County Attorney K By: Approved: John A. Titkanich, Jr. County Administrator January 16`h, 2024 Dear Mr. Titkanich, It has been my pleasure to serve by representing the Sheriff's Office as the resident deputy at the Victor Hart Community Enhancement Complex. I would like to continue this opportunity by renewing my tenancy for another two years per the written agreement that is in place. My family and I are incredibly grateful for this privilege and thank you for your consideration. Warm regards, ( Corporal — Indian River County Sheriff's Office (772) 217-7471 COPY LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License Agreement") is entered into as of this 18 th day of January 2022, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and a resident of Indian River County, Florida, 4735 43 Avenue, Vero Beach, FL , ('Tenant"), as follows: WHEREAS, the County owns and operates the Victor Hart Sr. Community Enhancement Complex (VHSCEC),and WHEREAS, Tenant is a Deputy Sheriff with the Indian River County Sheriff s Office ("IRCSO"); and WHEREAS, the County seeks to have the presence of a law enforcement officer to provide security for the VHCSCEC when closed and during non -work hours of the County's Parks and Recreation employees, to promote the safe and orderly enjoyment of the P a r k. WHEREAS, the prior license for the home was terminated due to the occupant Deputy The County desires to enter into this new License Agreement with NOW, THEREFORE, for the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Tenant ("the Parties") agree to the terms and conditions set forth in this License Agreement. 1) License. County grants to Tenant a revocable license to use and occupy the real property which property includes a three-bedroom, two -bath home with a refrigerator, microwave oven and a dishwasher and utility connections ("Licensed Property"). Specifically, Tenant is authorized to use and occupy the Licensed Property solely as a single-family residence for Tenant and his family, and for no other purpose. 2) Term. The term of this License Agreement shall be two (2) years from the date of approval of this License Agreement by the Indian River County Board of County Commissioners. The term shall be subject to renewal for two (2) additional two (2) year terms, upon the mutual agreement of both Parties. The two renewals may be authorized by the County Administrator or his designee if it is in the best interest of the County. 3) License Fee. Provided Tenant performs all terms and conditions of this License Agreement, Tenant shall not be required to pay a license fee. 4) Tenant's Duties. Tenant shall: a. Park his marked IRCSO assigned vehicle at the Licensed Property when not on duty. b. Respond and report incidents at the VHS CEC while at home at the Licensed Property. 1 c. Report to the Parks and Recreation Director or his designee any incidents and unsafe conditions observed at the Park. d. Use the Licensed Property as his primary single-family residence and reside in no other place. e. Maintain the single-family residence in a safe and attractive condition. f. Arrange and pay for (including deposits, if any) electricity, telephone, cable television, etc. g. Commit no act or omission that would result in waste, damage or destruction to any portion of the Licensed Property. h. Commit no act or omission that would result in a mortgage, encumbrance, lien or other right, title or interest in the Licensed Property being acquired by any third party. i. Commit no act or omission that would constitute a violation of any applicable local, state or federal law, or a nuisance or annoyance to surrounding properties or owners or occupants of surrounding properties. j. Advise the County immediately of any security issues, damage to the Licensed Property, or any other events or conditions which could result in damage to the Licensed Property, liability to County, or any other such adverse impact to the Licensed Property or to County. k. Be present for a scheduled annual inspection of the property and any schedule maintenance. Make repairs at the tenant's own expense and to the County's satisfaction for any damages detected during an annual inspection. 1. Notify the Director of the Indian River County Parks and Recreation Department or designee prior to any extended absences (in excess of three days) from the residence. 5) County's Duties. County shall: a. Commit no act or omission, which would constitute a violation of any applicable local, state or federal law. b. Provide and pay the costs of the water and sewer services supplied to the Licensed Premises. 6) Improvements. Tenant shall make no alterations or improvements to the Licensed Property without the express written approval of County, which may be withheld in the sole and absolute discretion of County. 2 7) Condition of the Licensed Premises. The Licensed Property is in "as is" condition without warranty or representation as to its condition. Tenant has examined the Licensed Property and agrees that the Licensed Property is acceptable and suitable for Tenant use. 8) Insurance. a. Tenant shall a comprehensive general liability insurance policy with respect to the Licensed Property, in the minimum amounts of $200,000 per person and $300,000 per incident, which policy shall name County as an additional insured. Prior to occupancy, Tenant shall provide County a certificate of insurance confirming that such policy has been obtained and is in full force and effect, and confirming that such policy will not be cancelled without thirty (30) days prior written notice to County. Such policy shall be primary to any liability insurance obtained by County with respect to the License Property. b. Tenant shall obtain and keep in force Auto Liability Insurance for all personal vehicles parked or garaged at the Licensed Property. 9) Indemnification. Tenant shall defend, hold harmless and indemnify County, including its commissioners, officers, employees and agents, from and against any and all claims, causes of action, losses, damages, expenses (including reasonable attorney's fees), and other liabilities of any type whatsoever, arising out of or relating to Tenant negligence, intentional misconduct, or violation of this License Agreement or applicable law. 10)Termination. Notwithstanding any other provision herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other; provided, however, that in the event that County determines in its sole and absolute discretion that Tenant's continued occupation of the Licensed Property could present a risk of damage or harm to the License Property or persons on the License Property (including, without limitation, Tenant), a risk of liability to County, or otherwise would not be in the best interests of the County, County shall have the right to terminate this License Agreement immediately upon such shorter written notice as County determines in its sole and absolute discretion is appropriate under the circumstances. Tenant is responsible to remove all personal property within sixty (60) days of the termination of this License Agreement. 11)Default. In the event of default, the non -defaulting party shall be entitled to all remedies at law or in equity. 11) Assignment of License. Tenant may not assign this License Agreement without the written permission of the County. Any request to assign this License Agreement must be made in writing to: Director Indian River County Parks and Recreation 1590 91h Street SW Vero Beach, FL 32962 3 TENANT: INDIAN RIVER COUNTY ;..�y*��'P' ����;,;•,, BOARD OF COUNTY COMMISSIj.�,.. ' By: T�.,t:lA Peter O'Bryan , Chairman 'y ' �� •��'ER COl Date approved: .ianuar 18 2022 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: aw� Deputy Clerk Approved as to form and legal sufficiency: yian Reingold County Attorney 4 INTER -OFFICE MEMORANDUM Date: March 27, 2024 To: Clerk to the Board 1590 9th Street S.W. Vero Beach, FL 32962 (772) 226-1780 www.indianriver.gov From: Marie Correa, Staff Assistant IV Subject: First Extension of License Agreement for Deputy at Victor Hart Sr. Community Enhancement Complex (VHSCEC) Please retain this copy for your records.