HomeMy WebLinkAbout2026-095LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License Agreement") is entered into as of this 19th day of M-
2026, 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, Vero Beach, FL,
32960, ("Licensee"), as follows:
WHEREAS, the County owns and operates the Donald MacDonald Campground ("Campground"), and
WHEREAS, Licensee 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 Donald MacDonald Campground during non -work hours of the County's Parks and Recreation employees, to
promote the safe and orderly enjoyment of Donald MacDonald Campground.
WHEREAS, the prior license for the agreement has expired. The Parties desire to enter into this new
License Agreement.
NOW, THEREFORE, for the mutual promises contained herein and other valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the County and Licensee ("the Parties") agree to the
terms and conditions set forth in this License Agreement.
1) License. County grants to Licensee a license to use and occupy the real property which property
includes land that is approximately 11,892 ft2 in size (Exhibit A) with utility connections ("Licensed Property").
The legal description of the Licensed property is as follows:
BEING A PARCEL OF LAND SITUATED AND LYING IN A PORTION OF SECTION 22 OF THE
FLEMING GRANT, SAID PARCEL ALSO BEING A PORTION OF LOT'S 77 AND 82 OF THE
PLAT SHOWING THE SUBDIVISION OF THE FLEMING GRANT, AS RECORDED IN BREVARD PLAT
BOOK 1, PAGE 175. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTHEAST CORNER OF LOT 82 (SAID POINT ALSO BEING
THE SOUTHEASTERLY CORNER OF LOT 77) OF SAID FLEMING GRANT, AS
RECORDED IN BREVARD PLAT BOOK 1, PAGE 175; THENCE SOUTH 45°17'17" WEST, ALONG THE
NORTHERLY LINE OF SAID LOT 82 (SAID LINE ALSO BEING THE SOUTHERLY LINE
OF SAID LOT 77) A DISTANCE OF 170.25 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING
DESCRIBED PARCEL:
THENCE DEPARTING SAID NORTHERLY LINE (AND SAID SOUTHERLY LINE) NORTH 87°57'51"
EAST, A DISTANCE OF 92.71 FEET; THENCE SOUTH 02°01'04" EAST, A DISTANCE OF
108.08 FEET; THENCE SOUTH 87°57'51" WEST, A DISTANCE OF 101.79 FEET; THENCE NORTH
08°41'31" WEST, A DISTANCE OF 90.60 FEET TO A POINT ON THE NORTHERLY LINE
OF SAID LOT 82 (SOUTHERLY LINE OF SAID LOT 77): THENCE CONTINUE NORTH 08°41'31" WEST,
A DISTANCE OF 18.21 FEET; THENCE NORTH 87°57'51" EAST, A DISTANCE OF
21.73 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 82 (SOUTHERLY LINE OF SAID
LOT 77) AND THE POINT OF BEGINNING.
Specifically, Licensee is authorized to install and occupy a modular home on the Licensed Property and use the
Licensed Property solely as a single-family residence for Licensee 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 Licensee performs all terms and conditions of this License Agreement,
Licensee shall not be required to pay a license fee.
4) Licensee's Duties.
Licensee shall:
a. Park a marked IRCSO assigned vehicle in a visible location at the Licensed Property or campground when
not on duty.
b. Have no more than two personal vehicles residing on Licensed Property. Licensee must request and obtain
written permission from the Parks Superintendent if additional personal vehicles are desired.
c. Perform routine patrols and security functions within Donald MacDonald Campground to deter
unauthorized activities such as trespassing, vandalism, etc. for a minimum of 10 hours per week.
d. Drive through campground at least one time daily in marked IRCSO vehicle.
e. Respond to and report incidents at the Donald MacDonald Campground while at home at the Licensed
Property and coordinate with the Indian River County Sheriff's Office as needed.
f. Report any incidents and unsafe conditions observed at the Campground to the Parks and Recreation
Director or designee including any security issues, damage to the Licensed Property, or any other events
or conditions which could result in damage to the Licensed Property. Licensee shall also complete and
file an incident report.
g. Use the Licensed Property as his primary single-family residence and reside in no other place and maintain
the single-family residence in a safe and attractive condition.
h. Pets must be approved by County, in writing, prior to being allowed on the Licensed Property.
i. Arrange and pay for (including deposits, if any) electricity, telephone, cable television, etc.
j. Maintain accurate records of hours worked and tasks completed and provide log to the County at the
conclusion of each month via email or hand -delivery.
k. Comply with all County policies and procedures and commit no act or omission that would result in waste,
damage or destruction to any portion of the Licensed Property.
1. 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.
m. 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.
n. Be present for a scheduled annual inspection of the property and any scheduled maintenance. Make repairs
at the Licensee's own expense and to the County's satisfaction for any damages detected during an annual
inspection.
o. Notify the County prior to any extended absences (in excess of three days) from the residence.
p. Remain the primary Licensee of the property. No sublease of the property is permitted without prior
written consent from the County.
q. Be responsible for all regular lawn maintenance and keep the grounds well maintained and free of debris.
r. Keep the exterior home in a clean and welcoming manner, free of clutter and debris.
s. Bring property back into compliance with this agreement within seven days of being notified by the
County.
t. There shall be no storage of any commercial, recreational vehicles, or trailers on the premises.
u. There shall be no installation or construction of any structures without prior written approval by the
County. This includes pools, spas, trampolines, etc.
v. There shall be no storage of materials within the grounds without written approval from the County.
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 Licensed Premises.
6) Condition of the Licensed Premises. The Licensed Property is in "as is" condition without warranty or
representation as to its condition. Licensee has examined the Licensed Property and agrees that the Licensed
Property is acceptable and suitable for Licensee use.
7)Insurance.
a. Licensee shall hold a comprehensive general liability insurance policy with respect to the Licensed
Property, in the minimum amounts of $100,00 per incident, which policy shall name County as an
additional insured. Prior to occupancy, Licensee 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. Licensee shall maintain property insurance for mobile home and personal property situated upon said County
property to include all perils coverage such as, but not limited to fire, wind, named storms and other hazards.
c. Licensee shall obtain and keep in force Auto Liability Insurance for all personal vehicles parked at the
Licensed Property.
8) Indemnification. Licensee 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 Licensee negligence, intentional misconduct, or violation of this License Agreement or
applicable law.
9) 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 Licensee'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, Licensee), 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. Licensee is
responsible to remove all personal property within sixty (60) days of the termination of this License Agreement.
10) Default. In the event of default, the non -defaulting party shall be entitled to all remedies at law or in
equity.
11) Assig_mnent of License. Licensee 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:
Parks Superintendent
Indian River County Parks, Recreation and Conservation
5500 77th Street
Vero Beach, FL 32967
Sbarako(c)indianriver. gov
772-226-1883
IN WITNESS WHEREOF, this License Agreement is executed by the authorized representatives of the parties,
as of the day and year first above written.
LICENSEE:
BOARD OF COUNTY
OF INDIAN RIVER CI
Deryl Loar, Chairman
Approved by BCC: D* 19 , 2026.
AT ST:
r
By:
Ryan L. Butler, Clerk of Court and Comptroller
By:
John A. Titkanich, Jr., County Administrator
6jTV form and legal sufficiency:
Christ r A. Hicks, Asst. County Attorney
Exhibit A
\ 32-39- 001
23-04-0000-OD002.0
ALAN AND PENNY BOOSE
1271 LEANGTON LANE SW
^y�F• O.R.8. 3100, PG i036
FLEM`NNG 7GRRANT 7s �o' FLEMING GRANT /
7\'b LOT 76
JO -3e -22N RIVE COUNTY MAN OSEL COUNTY
12315 ROSELAND ROAD
Point of Commencment
NORTHEASTERLY CORNER OF LOT 82,
SOUTHEASTERLY CORNER LOT 77
OF THE PLAT SNOWING THE SUBDIVISION
N OF TIE TIEM NG GRANT \
PLAT BOOK BREVARD 1, PADS 175 /
tih
Donald MacDonald
Not to Scale PARK AND CAMPGROUND
Point of Beginning
N8T57'51'E 1 INTERSECTOt OF NORTHERLY LOT LOT 82
AND NORTIER.LINE OF LICENSE AGREEMENT
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