The URL can be used to link to this page

Home My WebLink About18-018that: RESOLUTION NO. 2018-18 A RESOLUTION ACCEPTING A ACCESS LICENSE AGREEMENT ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Mosquito Control District of St. Lucie County, Florida, The foregoing Access License Agreement from Ocean Resorts Co -Op, Inc. is duly accepted on behalf of St. Lucie County this 201h day of February, 2018. ATTEST: 5:\ACQ\WP\JoAnn\0cean Resorts\Resolution.doc MOSQUITO CONTROL DISTRICT ST, LUCIE COUNTY, FLORIDA Cathy Tow' ' send, Chair APPROVED AS TO FORM AND CORRECTNESS: BY ACCESS LICENSE AGREEMENT THIS ACCESS LICENSE AGREEMENT is entered into this �S T��ay of �s � .2018 by and between OCEAN RESORTS CO-OP, INC., whose address is 5101 North High ay AIA, Fort Pierce, Florida 34949 (herein referred to as the "Grantor", and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982 (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real property located on North Hutchinson Island in St. Lucie County, Florida, a portion of which is described on "Exhibit A", which is attached hereto and incorporated herein and is to be the subject of a license as provided by this Agreement (the "Parcel"), and WHEREAS, Grantor has agreed to grant Grantee a non-exclusive license over the Parcel for access for mosquito control purposes. Ocean Resorts Way (dirt access road) is the only roadway described on Exhibit A and related maps. NOW THEREFORE, in consideration of the terms, conditions, covenants set forth hereinafter and other goads and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: RECITALS. The above recitals are true and correct and incorporated herein, GRANT OF LICENSE. The Grantor hereby grants to Grantee a non-exclusive License with the right to use the same for purpose of access for mosquito control purposes over the parcel as described in Exhibit "A". Grantor shall not transfer or assign this Agreement to any other entity without the prior written consent of Grantor which may include additional other terms or conditions by Grantor. MAINTENANCE OF PARCEL. The cost of maintaining the access within the parcel shall be borne by the Grantee. Grantee shall at all times maintain the Parcel in a clean, orderly, safe and attractive appearance and shall not unreasonably interfere with the Grantor's use of the parcel. 4. USE ANIS ENJOYMENT. This instrument is not intended to and shall not be construed to dedicate the Parcel to the general public, nor shall this instrument be construed to otherwise restrict the use by Grantor of the Parcel as long as said use is not inconsistent with the use of the Grantee. 5. INDEMNIFICATION. To the extent allowed by law the Grantee does hereby agree to indemnify and hold Grantor harmless from any and all claims or damages arising from or in any way relating to the use of the Parcel by Grantee. 1 of 2 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4411285 0311 31201 8 09:57:34 AM OR BOOK 4107 PAGE 1588 - 1594 Doc Type: AGR RECORDING: $103.50 6. GRANTEE COMMITMENTS. In consideration for the grant of the Access License by Grantor, Grantee shall complete the following actions: a. On or before May 31, 2018 Grantee shall build a boardwalk -like crossover at one location along the dike to allow canoe, kayak and pedestrian access by Grantor. A copy of a map depicting the location of the crossover is attached as Exhibit `B". A copy of the plans and specifications pertaining to the crossover is attached as Exhibit `C". After construction, Grantor shall maintain the crossover. b. On or before April 30, 2018 Grantee shall install a sign "PRIVATE PROPERTY BEYOND THIS POINT' on the eastern and western boundaries of Grantor's property. 7. TERM. This agreement and the license and restrictions created hereby shall be perpetual except that either party may terminate the Agreement without cause by giving ninety (90) days prior written notice to the other party. 8. APPLICABLE LAW. This Agreement shall be construed in accordance with the laws of the State of Florida and venue shall be in St. Lucie County, Florida. 9. ENTIRE AGREEMENT. This Agreement represents the entire understandings and agreement between the parties. It may only be amended by written instrument executed upon mutual consent of the parties. IN WITNESS THEREOF. The parties hereto have caused this agreement to be excuted as of the day, month and year first above written. OCEAN RESORTS CO-OP, INC. GRANTOR: ATTEST: RESIDENT OF THE BOARD /i Print Name:��. BOARD OF COUNTY COMMISSIONERS ST.LUCIE COUNTY, FLORIDA ATTEST: C APPROVED TO FORM AND CORRECS TN COUNTY A`bRhEY of 2 ACCESS LICENSE AGREEMENT OCEAN RESORTS CO-OP, INC. Exhibit "A" Parcel ID 1410-344-0001-000-6 The South % of Section 10, Township 34 South, Range 40 East, lying Westerly of the mean high water line of Blue Hole Creek/Cove, less and except any lands lying below the mean high water line of Blue Hole Creek, Blue Hole Cove, the Indian River or any of its tributaries. Said land lying and being in St. Lucie County, Florida. Parcel ID 1415-111-0001-000-5 That part of the North 550 feet lying West of the Easterly meandering high water line of Blue Hole Creek of Section 15, Township 34 South, Range 40 East, lying in St. Lucie County, Florida, less and except any lands lying below the mean high water line of Blue Hole Creek, Blue Hole Cove, the Indian River or any of its tributaries. S:\ACQ\WP\JoAnn\Ocean Resorts\Exhibit A.doc �na trp-r�� and pank r u Cul D -S �L C- -r— S--, 4 `r f VIP.,� a� ' .60 1�1f?i�CC' j 1nf atq Pare. E 0 X14ilair 15 QUITO CONTROL DISTRICT )MENT 19B ur y F r -, .._. _.-,....-. A- Eta Ie- P rr MarinclEnvfrommoraP Consulting 2537SEALFONSOAVE. aA PORTST. LCECIE fL 34952 Ph(772)283-2950 � JG� l PROJECTSITE „A _ - 4 `r f VIP.,� a� ' .60 1�1f?i�CC' j 1nf atq Pare. E 0 X14ilair 15 QUITO CONTROL DISTRICT )MENT 19B Date: 9126117 SNEETI Design � Drawing by: A- Jerncr & Associ f te5, Inc. MarinclEnvfrommoraP Consulting 2537SEALFONSOAVE. ` PORTST. LCECIE fL 34952 Ph(772)283-2950 Date: 9126117 SNEETI :C915713% Cl) ti W W z N Z N C�'l ❑ � a i z •� �� Lu `J I� i C v `~ T .00 { I 5 1'� U M J O Z m U � Ow Of 4 (/)Z Q w � Z` O U m a W u j o J o a �,y �Cis co z y LL N C �2 30'+1- OVERALL u' , Piles 10'0.C. 61 a' i i i b0 i v - +� N W rn CL Y O p v r L W j'L f cm 1 ,v U � L-'• - co ~� O 1 cz L13 CL CL -a <v CDm Vj py Q ev LS d1 ap U QQ3 A fi ro C Vb10 ' -CIS O Q4 U o E u� o C7com 0 -m N {� M `4`6 � � Q • �oLU CU Q a� U O QL 36" — 42" VARIES 1.2 Q �y a ULIJ V) II 1� I 1 � 11 I� 1 LO ti W W z a Q N CO O ro0 U•~ � qi W o = co � � cit „ � m � 3 o Q ❑ 2' X 6" CAP W cvco C � c � O 5 n k t= ¢ tti o, CD _ Y 6 Lw M o Z ? w F rp ti �h�O c2. OL co 7t - CL C V cocr Wh� co i. � _ •+�.`�i�. i n Y : Y,C. 4'• tt +�w.< �,Y' `V.;`A' � ryryryyyy * � � � \�f uj v! Z UA 00 y m U k o w vim, O LU J .w r">5 � � �ti �.� ti.. ' 'i�"':" z; �2�-' +F Id,.w �r �r«i � (� ✓r�d'�e'�n rt �. 's i�, `r + { _. :.:�*rs.�...+�..� t �.,,. n�fi..�.{��[•y��,�a7"- fair �� 4 ~ d 7-Y AL- Lp Br- srL�r )A Ar.v. J l