HomeMy WebLinkAbout2008-251This document was prepared by
and (should be returned to
the County Attorney's Office
1801 27th Street
Vero Beach, Florida 32960
AGREEMENT
1944320 Alt
THIS DOCUMENT HAS BEEN
RECORDED IN THE PUBLIC RECORDS
JF INDIAN RIVER COUNTY FL
BK 2288 PG:1620, Paget of 4
08%29/2008 at 09:31 AM,
JEFFREY K. BARTON, CLERK OF COURT
For Recording Department Use
THIS AGREEMENT, entered into this 19thday of August , 2008, by and
between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
1801 27th Street, Vero Beach, Florida 32960 (COUNTY), and FIRST UNITED
METHODIST CHURCH OF VERO BEACH, INC., a Florida nonprofit corporation, 1750
20TH Street, Vero Beach, Florida 32960 (CHURCH),
WITNESSETH:
WHEREAS, the COUNTY owns and maintains a public parking garage directly
west of the Courthouse and directly east of the CHURCH; and
WHEREAS, the parking garage mainly serves the needs of people using and
visiting the Courthouse; and
WHEREAS, the parking garage cannot accommodate oversized vehicles such as
commercial vans, dual wheeled pick-up trucks and semis, because of height
restrictions; and
WHEREAS, people who drive oversized vehicles need to visit the Courthouse for
jury duty, trials or to carry out various other services that take place at the Courthouse;
and
WHEREAS, the CHURCH has traditionally allowed Courthouse visitors to park
oversized vehicles on CHURCH property; and
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WHEREAS, visitors to the CHURCH have been allowed to use the parking
garage to park their vehicles while they attend church functions as the functions are
typically when the Courthouse is closed in the evenings and on weekends; and
WHEREAS, the parties wish to set forth their mutual agreements in writing;
NOW THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the COUNTY and the CHURCH agree as follows:
1. The COUNTY shall be permitted to use property owned by the CHURCH
for the parking of oversized vehicles used by visitors to the Courthouse. The COUNTY
or the Clerk of the Court may publish information as to the parking of oversized vehicles
in any jury summons, subpoenas or other notices it may send out. The COUNTY will
normally utilize the above parking lot during normal business hours on weekdays.
2. In return for the use by the COUNTY of this parking lot, the COUNTY
agrees allow the CHURCH to continue using the Courthouse parking garage for visitor
parking primarily on weekends and evenings.
3. The COUNTY and CHURCH may jointly promulgate reasonable rules and
regulations of the parking areas.
4. The COUNTY and the CHURCH shall jointly utilize the above property for
parking for an indefinite term of the years from the date of this Agreement.
5. During the term of this Agreement, if the CHURCH desires to construct a
building on the property or otherwise utilize the property for its sole use, then, in that
event, the CHURCH may cancel this Agreement lease by giving the COUNTY at least
ninety days written notice. During the term of this Agreement, if the County desires to
OA
utilize the parkinggarage for its sole use, then the County may cancel this Agreement
by giving the Church at least ninety days written notice.
6. To the extent allowed by law, the COUNTY agrees to hold the CHURCH
harmless from any and all claims for damages which may occur as a result of the use
by the COUNTY of this parking lot during the time the public is allowed to use the lot,
except for claims which arise out of the sole negligence on the part of the CHURCH.
7. To the extent allowed by law, the CHURCH agrees to hold the COUNTY
harmless from any and all claims for damages which may occur as a result of the use
by the CHURCH of this parking garage during the time the visitors to the CHURCH are
allowed to use the garage, except for claims which arise out of the sole negligence on
the part of the COUNTY.
8, The CHURCH agrees to include the COUNTY as an additional insured for
all liability for the damages for any occurrence on the parking lot property.
WITNESSES:
To uhumuri
ATTEST:
J. K. Barton,
By.'
ty
FIRST UNITED METHODIST CHURCH
OF VERO BEACH, INC.
:M
Chairman, Board of
+,tr
BOARD OF COUNTY COMMISSIONER
,+
OF INDIAN RIVER COUNTY
erk
//////f'j/ •1 •^ ��+....'�f a rm
14
erk Chairman, SandrcTLJ�owde
Approved:
3
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me by
te�r , Chairman of the Board of Trustees of
FIRST UNITEY METHODIST CHURCH OF VERO BEACH, INC., a Florida
nonprofit corporation, on behalf of the corporation. He/she is personally known
to me or has produced (driver's license or passport) as identification.
SEAL:
rd
NOTARY PUBLIC:
IN