HomeMy WebLinkAbout2026-185AGREEMENT FOR USE OF JUNGLE TRAIL LOGOS
This Agreement for Use of Jungle Trail Logos (Agreement) entered into this 6th day of
October, 2026, by and between the Board of County Commissioners of Indian River County, 1801
27th Street, Vero Beach, Florida 32960 (COUNTY), and E. Michael Stutzke and his wife, Sue
Stutzke, 18522 1900 N Ave., Princeton, IL. 61358(Stutzkes).
WITNESSETH:
WHEREAS, Jungle Trail runs along the east bank of the Indian River Lagoon from
approximately Old Winter Beach Road north through the Town of Orchid until it ends at its
intersection with Highway A -1-A near Seaview Drive; and
WHEREAS, Jungle Trail was recognized by Indian River County as a historic and scenic
road in 1982; by the State of Florida as a Florida Greenway in 1995 during Florida's
Sesquicentennial Celebration; and in 2003 was listed on the National Register of Historic Places
by the United State Department of Interior; and
WHEREAS, Jungle Trail is steeped in local history by providing access to locations such
as Jones Pier, the Captain Forster Preserve, to Pelican Island (the first National Wildlife Refuge)
and several citrus groves that were marketed as Jungle Trail Fruit; and
WHEREAS, E. Michael Stutzke and his wife, Sue Stutzke, are long time Indian River
County residents who were active in the citrus industry marketing Orchid Island grapefruit and
enjoy the history surrounding the citrus industry in Indian River County; and
WHEREAS, the Stutzkes registered and own the trademark on the Jungle Trail Fruit Co.
fruit box label and the Historic Jungle Trail logo (hereinafter, Logos); and
WHEREAS, in 2016 the Stutzkes, and the County previously had an agreement for the use
of the Logos which has expired; and
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WHEREAS, the Stutzkes wish to further permit the use of the trademarked Logos at
events and in print items that promote Jungle Trail,
NOW THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the County and the Stutzkes:
1. The Stutzkes shall continue to permit the County to use the Logos to advertise and
promote Jungle Trail and its history.
2. For preservation of trademark purposes, all signs and uses of the Logos shall
include a reference that the Logos are property of the Stutzkes.
3. This Agreement shall act as permission by the Stutzkes for the County to use the
Logos solely for the purposes of promoting Jungle Trail and County conservation lands and not a
transfer of ownership.
4. The term of this Agreement shall commence on the date of approval of this
Agreement by the Board of County Commissioners and expire fifty (50) years afterwards. Either
party may, during the term of this Agreement, cancel this Agreement by giving the other party at
least ninety days' written notice. The Agreement may be extended by the written agreement of
the parties no later than 90 days before the expiration.
5. To the extent allowed by law, the County agrees to hold the Stutzkes harmless
from any and all claims for damages which may occur as a result of the use of the Logos by the
County, except for claims which arise out of the sole negligence on the part of the Stutzkes.
6. To the extent allowed by law, the Stutzkes agree to hold the County harmless
from any and all claims for damages which may occur as a result of the use of the Logos by the
County, except for claims which arise out of the sole negligence on the part of the COUNTY.
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first set forth above.
ATTEST:
Ryan Butler, Clerk of Circuit Court
And Comptroller
A roved as to form and
e y
st r Hicks
Ass • tant ounty Attorney
BOARD OF COUNTY COMMI$$Iq RS
OF INDIAN RIVER COUN
Deryl Loar, Chairman
Date Approved: October 6, 2026
iue btutzxe
WITNESSES:
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