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Home My WebLink About2026-162 LICENSE AGREEMENT This license agreement ("License Agreement") entered into on this 15th day of , 2026 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "County," and Indian River Model Sailing Club, 8520 Seacrest Drive, hereinafter referred to as "IRMSC," in consideration of the mutual promises and agreements set forth below, hereby agree as follows: WITNESS ET H: 1. PROPERTY AND TERM. County hereby issues a license to the IRMSC for the use of the Kiwanis Hobart Lakeside Park at 4700 77th St, Vero Beach, Florida 32967, in the County of Indian River, Florida, more particularly described as follows: The lake, lakeside picnic tables, lakeside shelter, launching dock, and chaise closet of the restroom. The term of the License shall begin the day approved by the Board of County Commissioners and end two (2) years thereafter with an option to renew for two, two-year terms upon mutual agreement of both parties. 1.1 Extension of License. This License shall not be extended beyond the stated term unless agreed upon in writing, 30 days before expiration of this License. 1.2 Termination of License by IRMSC IRMSC may opt-out of this License anytime during the license period by providing written notice to County. This License shall terminate if the IRMSC no longer occupies or uses the licensed premises. 1.3 License Fee. Provided IRMSC performs all terms and conditions of this License Agreement, IRMSC shall not be required to pay a fee for use of premises. 2. Use of Premises. During the term of this License, the Indian River Model Sailing Club ("IRMSC") shall use the licensed premises solely for model sailing activities. IRMSC shall not use, nor permit the use of, the premises or any portion thereof for any illegal, immoral, or improper purpose, and shall not create or permit any disturbance, noise, or activity that unreasonably interferes with the use and enjoyment of the park by others or the peace and comfort of the surrounding area. Members and guests of IRMSC are prohibited from the use of tobacco products and the possession or consumption of alcohol on the premises. County shall permit IRMSC access to the premises; however, such access is non-exclusive. IRMSC acknowledges and agrees that the park shall remain open to the general public at all times. Between the hours of 1:00 PM and 3:00 PM daily, IRMSC may conduct organized model sailing activities within the designated model sailing area. During this time, IRMSC shall 1 have priority use of such designated area; however, the park shall remain open to the public, and this License does not grant IRMSC the right to exclude the public from the park. At all regular park operating hours outside of 1:00 PM to 3:00 PM daily, the park, including the model sailing area, lake, shelter, and picnic tables, shall be fully open and available for use by the general public without priority or reservation by IRMSC. With approval from the Parks Superintendent, IRMSC may erect and display a small sign at the entry to the park with their name on it. IRMSC shall additionally have access to a storage closet and may use a lock on the door of said closet so long as a key or access code is provided to County prior to affixing said lock. 2.1 INCIDENT REPORTING During the term of this License, IRMSC shall report all incidents involving participants and property occurring on the premises to the Indian River County Parks Superintendent immediately. 3. PROPERTY LICENSED "AS IS. IRMSC agrees that the property is being licensed "as is" and that County makes no warranty or guarantee of the condition of the property or any of the improvements. IRMSC has examined the premises and has determined that the premises are suitable for IRMSC's purposes. 4. COMPLIANCE OF LAW. IRMSC shall comply with all of the laws, rules, ordinances, and regulations of the County, State, and Federal Governments and agencies regarding the use of the premises. Violation of any law, rule, ordinance, or regulation may result in immediate termination of this license agreement. 5. MAINTENANCE AND REPAIRS. IRMSC agrees to keep said premises in a safe, clean and attractive condition during the term of this License Agreement. Upon the expiration of the License Agreement, IRMSC shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this License, reasonable wear and tear and damage by the elements excepted. 6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. With written permission of County, IRMSC shall have the right to install on the premises such equipment, fixtures, and other items necessary or convenient for its use of the premises. All equipment and property purchased by IRMSC and placed in, on, or about the premises, including equipment not affixed to the realty, shall remain the property of IRMSC. IRMSC may remove same on or before the termination of the License Agreement, provided that if removal results in damage to any part of the premises, IRMSC shall return the property to a condition suitable for the original intended use of that part of the licensed property. In addition, any and all personal property not attached or installed in any building or structure shall remain IRMSC's property and may be removed on or prior to termination of this License Agreement. 7. HOLD HARMLESS. IRMSC agrees to hold harmless and indemnify County from any liability which may arise from the IRMSC's use of the property. 8. INSURANCE. The IRMSC shall carry the following insurance coverage and shall furnish County a certificate of said coverage. 2 8.1 Special Requirements. Prior to the commencement of the use of the premises, a certificate of insurance shall be provided to the Risk Manager for review and approval The certificate shall provide evidence of General Liability insurance coverage with limits of $1,000,000 per occurrence and $2,000,000 per aggregate to include $100,000 for third party property damage and $1,000,000 of molestation coverage. IRMSC will also agree to the following insurance coverage provisions: A. Indian River County shall be named as an "Additional Insured" on the general liability policy. B. Indian River County will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager. C. Provide a waiver of subrogation in favor of County and be primary coverage without contribution from County or its insurance carrier. 9.2 Lapse in Coverage. If the IRMSC allows insurance coverage required under this License Agreement to lapse, expire, or be canceled, it shall be an immediate breach of the License Agreement and grounds for eviction. 9.3 Damage by Fire or Other Causes. That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this License Agreement shall thereby be determined ended. County shall not be liable to rebuild, replace or repair said premises. 10. ASSIGNMENT. IRMSC shall not assign or transfer any part of this License Agreement without prior written consent of County, which may be withheld for any reason 11. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this License Agreement, the prevailing party shall be entitled to all attorney's fees, costs, and suit money expended to resolve that dispute. 12. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand-delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to IRMSC at: Indian River Model Sailing Club 8520 Seacrest Drive Vero Beach, FL 32963 Such notices to County shall be addressed as follows: Indian River County Parks and Recreation Director 1590 9th Street SW 3 Vero Beach, Florida 32962 These addresses may be changed by either party by providing written notification to the other. IN WITNESS WHEREOF, we, County and IRMSC, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. •Cph1MISs� IRMSC: BOARD OF COUNTY COMS ON ' ,^cc� OF INDIAN RIVE CO '��', R" ,�� :P- 2"\By: By: Deryl Loar, Chairman Print Name: ?d k:: ft ./ •,4LAi'f .._.•N�y..,: BCC Approved Date: SePtarber 15;" i'' Title: 0 '/ ATTEST: Ryan L. Butler, Clerk of the Court and Comptroller By: t g9��,� Dep Wlty Clerk .1al Approved: >1f644, John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: C 's e Hicksgunty Attorney 4