HomeMy WebLinkAbout2026-066Prepared by and return to:
City Attorney
City of Vero Beach
P.O. Box 1389
Vero Beach, FL 32961-1389
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
CITY OF VERO BEACH, FLORIDA
LICENSE AGREEMENT FOR
NON-EXCLUSIVE USE OF CITY REAL PROPERTY
NO.2026-LA-496
This LICENSE AGREEMENT FOR NON-EXCLUSIVE USE OF CITY REAL
PROPERTY (hereinafter "License") is made and entered into as of the day of
, 2026 (hereinafter "Effective Date"), by and between the CITY OF VERO
BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 1389, Vero Beach,
Florida 32961-1389 (hereinafter "CITY"), and INDIAN RIVER COUNTY, FLORIDA, a political
subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida
32960 (hereinafter "COUNTY" or "LICENSEE"). CITY and COUNTY may also be referred to herein
individually as a "party" or collectively as the "parties."
RECITALS:
WHEREAS, the COUNTY is implementing a pumpout boat program to reduce the discharge of
concentrated sewage from vessels anchored in Indian River County, and;
WHEREAS, the COUNTY and CITY share a mutual concern with respect to the health of the
Indian River Lagoon, and;
WHEREAS, the COUNTY needs a centrally located wet slip to dock the pumpout boat and a
pumpout station to offload the collected waste until the County completes construction of its septage
receiving location, and;
WHEREAS, the CITY has a centrally located marina with an installed pumpout station, and;
WHEREAS, the COUNTY and CITY can assist each other through a joint effort to reduce
nutrient loading to the Indian River Lagoon from vessel discharge.
NOW, THEREFORE, in consideration of the above Recitals, the mutual covenants,
agreements, and promises contained herein, and other good and valuable consideration, the receipt,
adequacy, and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. The foregoing Recitals are hereby adopted and incorporated herein.
2. NON-EXCLUSIVE USE OF PREMISES: LICENSEE is hereby granted the non-exclusive
use of the City of Vero Beach municipal marina ("Licensed Area" or "Premises") for the limited
purposes stated herein from the Effective Date to the termination date of this License. The terms and
conditions on and for which this License is granted are as follows:
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RYAN L. BUTLER. CLERK
a. Responsibilities of the COUNTY. The COUNTY shall:
i. Provide pumpout services to vessels anchored outside of a marina with a pumpout
service.
ii. Operate the pumpout vessel up to three (3) times per week and offload to the
CITY'S septage receiving line up to two (2) times per day while in operation.
iii. Store the pumpout boat in a wet slip at the CITY'S marina.
iv. Utilize the CITY'S marina septage receiving line to offload any waste collected
through the operation of the program until such time as a COUNTY septage
receiving line for this service becomes available.
V. Within forty-five (45) days of receiving an invoice, pay the CITY up to Four
Hundred and Eighty -Eight Dollars and 00/100 ($488.00) per month for use of a
marina wet slip.
vi. Within forty-five (45) days of receiving an invoice, pay the CITY Two
Hundred Dollars and 00/100 ($200.00) per month for use of the septage
receiving line.
b. Responsibilities of the CITY. The CITY shall:
i. Provide a slip within the CITY'S marina to store the COUNTY pumpout vessel
at a rate of Sixteen Dollars and 00/100 ($16.00) to Eighteen Dollars and 00/100
($18.00) per foot per month.
ii. Provide the COUNTY use of the marina septage receiving line at a rate of Two
Hundred Dollars and 00/100 ($200.00).
iii. Invoice the COUNTY monthly for use of the marina.
iv. Invoice the COUNTY monthly for use of the dump station.
V. Wet slip rates and fees for the use of the septage receiving line may be adjusted
annually upon renewal.
Which, occupation and use being subject to the approval of and meeting the conditions of all
regulatory requirements of the City of Vero Beach, Indian River County, the State of Florida, and their
agencies having jurisdiction, including, but not limited to, all pertinent provisions of the City of Vero
Beach Land Use Regulations and Code of Ordinances. All of the foregoing shall be subject to all terms
and conditions of this License Agreement. The CITY retains the sole and absolute right and authority to
determine whether any proposed or actual use of the Premises is within the uses contemplated and
allowed hereunder.
3. TERM: This License shall be effective on the date of execution by both parties and shall
remain in effect for a period of one (1) year (hereinafter the "Term"). Thereafter, the License shall renew
for additional one-year periods, unless otherwise terminated, suspended, or modified, in writing, by an
appropriate amendment executed by both parties.
4. FINANCIAL OBLIGATIONS: Except as explicitly stated in this section, this License does
not create any other financial or funding obligation on either party. Any additional financial obligations
shall arise only upon the joint, written execution of a subsequent amendment or agreement by all parties.
5. EXTENT OF USE: The License is granted to the LICENSEE to occupy and use the Licensed
Area only for those purposes and activities specified herein, subject to the public's right of passage and
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RYAN L. BUTLER, CLERK
as conditioned by all regulatory entities and agencies, permits, land use approvals, and the provisions of
this License.
The LICENSEE shall not: (i) change or add to the approved uses as defined herein; or (ii) change
activities in any manner that may have a land use or an environmental impact that was not considered in
the original authorization without first receiving the CITY'S written authorization in the form of a
modified license agreement. A modified license agreement may result in the payment of additional fees
and the removal of structures, installations, or improvements which no longer qualify for authorization
under the modified license.
6. SUPERVISION AND CONTROL OF PREMISES: LICENSEE shall solely be responsible
for the operation, management, and maintenance of its pumpout vessel pursuant to the terms and
conditions of this License whenever LICENSEE is occupying or using the marina. LICENSEE shall
instruct, monitor, supervise, and manage all persons and entities in the use of the pumpout vessel
consistent with the terms and conditions of this License and all limitations, restrictions, laws, and
regulations. LICENSEE, and not the CITY, shall have the right and duty to control access to the pumpout
vessel by such persons and other third parties during occupation and use. Notwithstanding any other
term or condition hereof, LICENSEE shall be deemed for all purposes to be solely in possession and
control of the pumpout vessel. LICENSEE shall use reasonable efforts to secure the pumpout vessel but
it shall not be responsible for acts of persons that occur outside its presence.
7. NUISANCES OR ILLEGAL OPERATIONS: LICENSEE shall not occupy, use, or
maintain the marina, or any part thereof, for any purpose or business other than herein specified and
authorized by the CITY, unless such proposed use is first consented to in writing by the CITY, and this
License Agreement is modified accordingly. LICENSEE shall not cause or create any nuisances or
illegal operations of any kind within or from the marina.
8. IMPROVEMENTS AND INSTALLATIONS: No construction, installations,
improvements, signs, or equipment of any kind or nature shall be constructed or installed without prior
review and written approval by the CITY, as well as compliance with all other reviews, permits, and
approvals required by applicable codes, ordinances, laws, rules, and regulations. LICENSEE shall be
limited to making only those installations and improvements specifically approved by the CITY, in
writing, pursuant to this License Agreement. Any unauthorized construction, improvements,
installations, or equipment on the property are an unlawful encroachment and, upon written notice from
the CITY, LICENSEE shall, at their own cost and expense, immediately remove such encroachment and
repair, clean, and restore the affected portion of the Premises.
9. PERMITS AND LICENSES: LICENSEE shall be solely responsible for obtaining and
paying the expense for all required governmental, regulatory, and other approvals, permits, inspections,
and licenses necessary for LICENSEE'S occupation and use of the Premises and all LICENSEE'S
installations and improvements.
10. COMPLIANCE WITH LAWS: LICENSEE shall, at all times, in LICENSEE'S
occupation, use, or improvement of the marina, comply with all applicable Federal and Florida statutes,
and all administrative rules and regulations promulgated thereunder, as well as all applicable City and
County local laws, codes, and regulations.
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RYAN L. BUTLER, CLERK
11. AGREEMENT NOT A LEASE: The permission granted hereunder is for the occupation
and use of public/government property and merely provides such permission, personal to LICENSEE,
to occupy, use, and maintain the Premises and the installations and improvements for the limited
purposes specified, pursuant to the terms and conditions herein, and solely at LICENSEE'S risk and at
the CITY'S sufferance and convenience. This License Agreement and the License granted are not
intended by the parties to be a lease, and it provides LICENSEE with no leasehold or any other property
interest in the Premises, and nothing contained herein creates or is intended to create a landlord -tenant
relationship. LICENSEE understands, acknowledges, and agrees that none of the rights or protections
afforded to lessees or tenants under the laws of the State of Florida are afforded to LICENSEE hereunder.
LICENSEE affirmatively and knowingly waives all such rights and protections as inapplicable to this
License Agreement and the License granted and LICENSEE'S occupancy and use of the Premises.
LICENSEE shall make no claim of title to or interest in the Premises by reason of the occupancy or use
thereof. LICENSEE is further prohibited from making, or allowing to be made, any claim, including any
advertisement, that said Premises, or the occupancy or use thereof, may be purchased, sold, re -sold,
leased, rented, licensed, or re -licensed.
12. ASSIGNMENT: This License shall not be assigned, transferred, hypothecated, sold,
mortgaged, or otherwise encumbered. Any assignment or other transfer shall be null and void and
without legal effect.
13. ASSUMPTION OF RISK; RELEASE AND INDEMNIFICATION: For and in
additional consideration of the separate sum of Ten Dollars ($10.00) and other good and valuable
consideration paid by CITY to LICENSEE, the receipt and sufficiency of which is hereby acknowledged
by LICENSEE, the LICENSEE agrees as follows:
(a) Premises "As Is." LICENSEE accepts the condition of the Premises "as is" and recognizes
and hereby expressly and fully assumes all risks, known and unknown, that arise or might arise directly
or incidental to or in any way connected with the condition or use of the Premises. The CITY has not
made and makes no warranty of any kind whatsoever as to the condition of the Premises or the fitness
of the Premises for any particular purpose.
(b) Release and Indemnification (Premises). LICENSEE hereby releases and forever discharges
the CITY, its elected officials, officers, employees, and agents (collectively "Released Parties"), and
shall defend (with counsel approved by CITY), indemnify, and hold the Released Parties harmless from
and against any and all liabilities, claims, demands, damages, actions, lawsuits, costs, and expenses, of
any kind or nature, including, but not limited to, costs of investigation, attorneys' fees, experts' fees, and
costs through trial and appellate proceedings (and including such fees and costs incurred in litigating
entitlement to and amount of the fees and costs), arising out of, incidental to, or in any way connected
with the LICENSEE'S use of the Premises, or any improvement constructed, installed, by LICENSEE
thereon or therein, or otherwise arising under this License Agreement.
(c) Intent and Effect. It is the intent and effect of the provisions contained in this section, and a
condition in consideration for granting of this License Agreement and the License hereunder, that
LICENSEE'S release and indemnification shall be and include a full, total, and comprehensive release
and indemnification of the Released Parties against any kind or nature of claim whatsoever that is or
may be asserted by reason of or as a consequence of the CITY having granted permission to LICENSEE
to occupy, use, improve, and maintain the Premises and the installations and improvements. The
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7YAN L. BUTLER, CLERK
provisions of this section are provided as additional separate consideration and inducement for grant of
the License hereunder, and the License would not have been granted by the CITY absent the giving of
such additional consideration by LICENSEE. LICENSEE'S release and indemnification obligations
shall survive the termination of this License Agreement. Nothing in this License Agreement shall be
construed as a waiver of sovereign immunity by the CITY or LICENSEE nor shall it require LICENSEE
to indemnify the CITY for its own negligence or assume liability for the CITY's negligence as prohibited
in Fla. Stat. 768.28(19).
14. TERMINATION OR SUSPENSION: The CITY or LICENSEE may terminate this
License Agreement with or without cause with thirty (30) days' written notice. However, the CITY may
dispense with or reduce the aforesaid notice period should the CITY determine, in its sole and absolute
discretion, that LICENSEE is in breach of, or otherwise has failed to comply with, any term or condition
of this License Agreement, or the public interest or safety requires more immediate termination. In
addition, the CITY'S City Manager may suspend LICENSEE'S permission to use the Premises if
LICENSEE violates, or is otherwise not in full compliance with, any term or condition of this License
Agreement, any law or regulation, or public or CITY interest requires such action. Such suspension shall
remain in effect until the violation is corrected and compliance is confirmed by the CITY. However,
such suspension shall not be a prerequisite to termination of this License Agreement. Notwithstanding
specific mention herein that certain provisions or obligations survive termination of this License
Agreement, all provisions and obligations herein, the performance of which by their nature extend
beyond the date of termination, shall survive such termination.
15. PERMISSION GRANTED: Upon termination of this License Agreement, all permission
granted hereunder shall cease and terminate.
16. RESTORATION OF PREMISES; COSTS; LIEN: Except as otherwise agreed in writing
by the parties, upon notice of termination of this License Agreement, LICENSEE shall, before the
termination effective date and solely at LICENSEE'S expense, vacate the Premises by removing all
LICENSEE installations and improvements, equipment, and personal property (whether or not
authorized), and repairing, cleaning, and restoring the Premises used by LICENSEE to the same or better
condition as existed on the Effective Date, subject to acceptance by the CITY. If LICENSEE does not
remove said installations, improvements, equipment, and other personal property occupying the
Premises by the termination effective date, they shall be deemed forfeited to the CITY, and the CITY
may cause removal and sell, or otherwise dispose of, such forfeited property without liability to
LICENSEE, and for which removal and disposal of such property LICENSEE shall release and
indemnify the CITY for any claim arising therefrom pursuant to the release and indemnification
provisions of this License Agreement. The CITY may thereafter or in conjunction with the removal,
cause the required restoration of the Premises used by LICENSEE at LICENSEE'S expense. Such
remedy shall be in addition to all other remedies available to the CITY under applicable laws, rules, and
regulations, including the right to compel removal of all installations and any other of LICENSEE'S
improvements, equipment, or personal property, and the right to collect from LICENSEE all actual and
administrative costs for such removal and disposal. LICENSEE shall promptly pay to the CITY upon
demand all such costs incurred by the CITY under this section. The obligations of LICENSEE under this
section shall survive termination of this License Agreement.
17. CITY AGENT: Except as otherwise provided herein, the CITY'S City Manager shall be
the CITY'S agent for administration of this License Agreement on behalf of the CITY.
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RYAN L. BUTLER, CLERK
18. NOTICES: Any notice required to be given pursuant to this License Agreement shall be in
writing and shall be sufficient if (i) delivered personally; (ii) by courier such as FedEx, UPS, Priority
Mail, or an overnight letter delivery company; or, (iii) by United States First Class, registered, or certified
mail, return receipt requested. Such notices shall be provided to the respective party at their address set
forth below. Any notice the delivery of which is refused by the recipient shall be deemed given as of the
date it is mailed or sent. Each party shall promptly provide written notice to the other party of any change
in their address or their named representative, absent which, notice sent to such address and
representative provided herein (as last amended by notice) shall be deemed sufficient.
TO CITY: City of Vero Beach
Attn: City Manager
P.O. Box 1389
Vero Beach, FL 32961-1389
TO LICENSEE: Indian River County
Attn: Natural Resources Director
180127 th Street, Building A
Vero Beach, FL 32960
19. NO JOINT VENTURE OR AGENCY: Nothing in this License Agreement or any exhibit
or attachment hereto creates or is intended to create an association, trust, partnership, joint venture, or
other entity or similar legal relationship among or between the CITY and LICENSEE. Neither party is
nor shall be deemed the agent or representative of the other party.
20. THIRD -PARTY BENEFICIARIES: The terms and provisions of this License Agreement
are intended solely for the benefit of the parties and their respective successors and permitted assigns,
and it is not the intention of the parties to confer third -party beneficiary rights upon any other person or
entity.
21. ENTIRE AGREEMENT; CAPTIONS: This License Agreement and its exhibits and
attachments set forth all the promises, agreements, conditions, and understandings, either oral or written,
between the parties. The captions, paragraphs, sections, or letters appearing in this License Agreement
are inserted only as a matter of convenience and in no way affect, define, limit, expand, construe, or
describe the scope or intent of the sections and paragraphs hereof.
22. AMENDMENTS: Except to the extent otherwise provided herein, no subsequent alteration,
amendment, change, or addition to this License Agreement, or any exhibit or attachment hereto, shall be
binding on the CITY or LICENSEE, unless in writing and signed by both parties and made a part of this
License Agreement. Any and all amendments to this License Agreement, and any exhibit or attachment
hereto, shall require written approval of CITY, and must comply with all ordinances, rules, regulations,
and statutes in existence at the time of the execution of the modification or amendment.
23. SEVERABILITY: If any provision of this License is held to be illegal, invalid, or
unenforceable under any present or future law, and if the rights or obligations of any party under this
License will not be materially and adversely affected thereby, such provision shall be fully severable;
this License will be construed and enforced as if such illegal, invalid, or unenforceable provision had
never comprised a part hereof; the remaining provisions of this License will remain in full force and
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RYAN L. BUTLER, CLERK
effect and will not be affected by the illegal, invalid, or unenforceable provision; the parties shall
negotiate in good faith to restore insofar as practicable the benefits to each party that were affected by
such ruling and to include as a part of this License a legal, valid, and enforceable provision as similar in
terms to such illegal, invalid, or unenforceable provision as possible.
24. GOVERNING LAW, VENUE, WAIVER OF JURY TRIAL: This License Agreement
shall be governed by and construed in accordance with the laws of the State of Florida (without giving
effect to conflict of law principles) as to all matters, including, but not limited to, matters of validity,
construction, effect, performance, and remedies. Venue for resolution of any dispute arising from or
under this License Agreement or its performance shall be in Indian River County, Florida and all actions
and proceedings arising from or under this License Agreement or LICENSEE'S occupation, use,
maintenance, or restoration of the Premises, or otherwise related to the subject matter of this License
Agreement, shall be in the court of the State of Florida in Indian River County, Florida, which court shall
have exclusive jurisdiction for such purpose. Each of the parties hereto irrevocably waives its right to a
jury trial with respect to any action or claim arising out of any dispute in connection with this License
Agreement or LICENSEE'S occupancy, use, maintenance, or restoration of the Premises, or otherwise
related to the subject matter of this License Agreement. This provision is a material inducement for the
parties hereto to enter into this License Agreement, and shall survive the termination of this License
Agreement.
25. ATTORNEYS' FEES: Except as otherwise provided in this License, if any party institutes
any legal suit, action, or proceeding against the other party arising out of or relating to this License, the
prevailing party in the suit, action, or proceeding is entitled to receive, and the non -prevailing party shall
pay, in addition to all other remedies to which the prevailing party may be entitled, the costs and expenses
incurred by the prevailing party in conducting the suit, action, or proceeding, including reasonable
attorneys' fees and expenses.
26. RECORDING: This License, being non-exclusive in nature, will not be recorded in the
official records of Indian River County, Florida.
IN WITNESS WHEREOF, the parties have executed this License Agreement as of the dates
entered below and the respective signatories of the parties whose signatures appear below hereby warrant
and represent that they have been and are on the date of execution of this License Agreement duly
authorized to execute this License Agreement and bind their respective party.
SIGNATURE PAGES TO FOLLOW
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RYAN L. BUTLER, CLERK
COUNTY:
j* ........
BOARD OF COUNTY COMMI OOPME
INDIAN RIVER COUNTY
Sign: L.:
-,VIM
By: Deryl Loar
Its: Chairman
. 13
Approved as to Form and Legal Sufficiency:
"X;kSLItz
Jeefer Sht#er, County Attorney
Attested by:
Ryan Butler, Clerk c(fCourts
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STATE OF FLORIDA
INDLAN RNER COUNTY
THIS I TO CERTIFY THAT THIS IS A TRUE AND CORRECT
CTHE ORIGM L 00flf IN 1IS OFFICE.
RY4N L. 8*AI®. C►HAK
6MIF. RW27ANYMIN I EIRF
.Ulm
CITY:
CITY OF VERO BEACH, a Florida
municipal corporation
ATTEST:
By:
Sherri Philo John E. Cotugno
City Clerk Mayor
Date:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization this day of , 2026, by John E. Cotugno, the Mayor, and
attested by Sherri Philo, the City Clerk, of the City of Vero Beach, Florida. Both are personally known
to me.
Sign:
Notary Public, State of Florida at Large
Seal: Print Name:
Notary Commission No.:
My Commission Expires:
ADMINISTRATIVE REVIEW
(For Internal Use Only—Sec. 2-77 COVB Code)
Approved as to form and legal
sufficiency for COVB only:
John S. Turner
City Attorney
Approved as to financial requirements:
Lisa R. Burnham
Director, Finance
Approved as conforming to municipal policy:
Monte K. Falls, P.E.
City Manager
Approved as to technical requirements:
Sean Collins
Director, Marina
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