The URL can be used to link to this page

Home My WebLink AboutLICENSE AGREEMENTThis instrument prepared by: Janet LiCausi 3LANNED under the direction of BY Daniel S. McIntyre, County Attorney i If IP, County 2300 Virginia Avenue Fort Pierce, Florida 34982 REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this LZ?clay of 2004, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "COUNTY") and HOLIDAY PINES PROPERTY OWNERS ASSOCIATION, INC., a Florida Non -Profit Corporation, of 5804 A Indian Pines Boulevard, Ft. Pierce, Florida 34951, (°HOLIDAY PINES POA"). WHEREAS, the COUNTY is the owner of the property described as: FROM THE SOUTHEAST CORNER OF THE WEST I OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 34 SOUTH, RANGE40 EAST, RUN NORTH 00`34' EA5T 945.91 FEET; THENCE'NORTH 89* 26' WEST 1152.24 FEET; THENCE SOUTH 31`06'10" EAST 327.84 FEET. THENCE SOUTH 59*16*30" WEST 387.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 44 13' 30" EAST 207.24 FEET; THENCE SOUTH 4701B'50" WEST 60.02 FEET; THENCE NORTH 44 13' 30" WEST 646.82 FEET TO THE SOUTH RIGHT-OF- WAY LINE OF THE TURNPIKE FEEDER ROAD; THENCE NORTH 450 43'55" EAST 60.0 FEET; THENCE SOUTH 44013'30" EAST 441.17 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPTING A SOUTHERLY PORTION OF THE ABOVE DESCRIBED PARCEL BEING MORE PARTICULARLY DESCRIBED IN O.R. BOOK 422 AT PAGE 527 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LESS AND EXCEPTED PARCEL HAVING- A DIMENSION ALONG THE EAST LINE OF 148.26 FEET AND A DIMENSION ALONG THE WEST LINE OF 146.61 FEET, ALL LYING IN ST, LUCIE COUNTY, FLORIDA, m - a o0 M y azrn ms aCrM pm m -s CD _ orj= r -a :n cn Q i• O "il r� M S c, m 0 H ra :a a n Mc S> C7 m c S Ln i LT WHEREAS HOLIDAY PINES POA has requested a Revocable License Agreement to install an D H • r C entrance sign and landscape improvements in the right-of-way of Indian Pines Boulevard as shown on the m OR BOOK 2048 PAGE rar sketch attached and incorporated herein as Exhibit "A". WHEREAS, the COUNTY has agreed to allow the entrance sign and landscape improvements in the right-of-way of Indian Pines Boulevard subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The COUNTY agrees to grant HOLIDAY PINES POA a Revocable License Agreement for the purpose of installing an entrance sign and landscape improvements in the right-of-way of Indian Pines Boulevard. This license shall extend only to the above -referenced location and shall not extend to the construction and/or installation of any other structures. 2. This license shall be binding on future successors and assignees of HOLIDAY PINES POA provided HOLIDAY PINES POA gives adequate notice to the COUNTY pursuant to paragraph seven (7) of this Agreement. 3. The COUNTY shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the entrance sign and landscape improvements at HOLIDAY PINES POA's sole expense upon ninety (90) days written notice to the HOLIDAY PINES POA. The County Engineer may, in lieu of termination, request that HOLIDAY PINES POA perform certain alterations to the entrance sign and landscape improvements at HOLIDAY PINES POA's expense. However, if such alterations are not performed to the satisfaction of the County Engineer, the COUNTY shall be entitled to exercise its right to terminate this Agreement. 4. The entrance sign and landscape improvements shall be in accordance with Section 7.09.00 St. Lucie County Land Development Code and shall be maintained solely at the expense of HOLIDAY PINES POA. 5. HOLIDAY PINES POA must not install the entrance sign and landscaping improvement in a 2 OR BOOK _2048 PACE 787 way that it may create a site distance problem and must make sure it is not in the right-of-way of Turnpike Feeder Road which is owned by Florida Department of Transportation. 6. HOLIDAY PINES POA agrees to allow COUNTY employees access to the location of the entrance sign and landscape improvements for COUNTY purposes as determined by the County Engineer. 7. All notices, requests and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As to County: County Engineer 2300 Virginia Avenue, 2A Floor Fort Pierce, Florida 34982 As to Owners: Holiday Pines Property Owners Association, Inc. 5804 A Indian Pines Boulevard Fort Pierce, Florida 34951 With Copies to: County Attorney 2300 Virginia Avenue, 3''d Floor Fort Pierce, Florida 34982 County Administrator 2300 Virginia Avenue, 3`d Floor Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. B. HOLIDAY PINES POA shall indemnify and hold the COUNTY harmless from and against all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above right-of-way and the entrance sign and landscape improvements by HOLIDAY PINES POA or their agents, servants, employees, patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, OR BOOK 2048 PAGE 788 sustained during HOLIDAY PINES POA's use of the right-of-way for the entrance sign and landscape improvements. 9. HOLIDAY PINES POA shall promptly record the Revocable License Agreement I the Official Records of St. Lucie County, Florida. HOLIDAY PINES POA shall pay any document excise taxes and the cost of recording the Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and first written. ATTEST: 1\ BOARD OF COUNTY COMNy$45TONERS COLib'jz�y 5T. LUCIE COUNTY FL�Q`A a BY:-n DEPUTY 6ERK CHAIRM` { i ON WITNESSES: 17ONNf� WILLIFo9Z Print Name �i�' >-Wee,,-t90A 0 Print Name al 4� HOLIDAY PINES PROPERTY QERS ASSOCIATION; INC. n STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this,_day of 2004, by ,W -lm ryl l� �U �$� - -' —" who produced Fk r`c Flom, 923 acf dud r, (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of A.D., 2004. Delaris COW olley COMaisdouiDDIOM awY u�o: MIM Apo V. 2MI gouded'fiin :'�.� �� • Atlaatic 8a➢dta8co+ me. My Commission Expires: ! A10A.:. l'A01 nj i Signature of Notary Public ` I �1 elm ;s ml tay 'Jame of Notary Public Typed, Printed or Stamped G:\ACQ\WP\Zelma\License Agreements\Holiday Pines Sign\License Agreement.wpd2.wpd