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HomeMy WebLinkAboutLICENSE AGREEMENTThis instrument prepared by: JoAnn Riley underthe direction of Daniel S. McIntyre, County Attorney n1 �CAIVNL:U 2300 Virgife Avenue p`' B r Fort Pierce, Florida 34982 St. Lucie court v REVOCABLE LICENSE AGREEMENT THIS AGREEMENT made and entered this day of DECEMBER, 2016, by and between ST LUCIE COUNTY a Political subdivision of the State of Florida (the "County'l and VERA HARDING, P.O. Box 6146, Jensen Beach, Florida 34957 ("Owner D. WHEREAS, the Owner owns the property described as follows: LOCATION: 10545 S.Ocean Drive Parcel ID 4514500-0005-000-1 and 4511-500-0004-000-4 Surfside Grill & Pizzeria WHEREAS, the Owner desires to have "employee parking" inthe rear oftheir property at the Surfside Grill & Pizzeria. This parking would lie within the County right-of-way of Las Olas Drive. WHEREAS, the County is willing to permit the Owner to park eight vehicles as close to their fence as possible. The Owner will install a millings or gravel parking area under the direction of County Road and Bridge Department. This parking area will be maintained subject to the terms and conditions set forth in this Revocable License Agreement. NOW, THEREFORE, in consideration ofthe.mutual covenants set forth herein, the parties agree as follows: 1. ' The County agrees to grant the Owner a Revocable License Agreement for the purpose of having eight parking spaces for "employees only" on Las Olas Drive, see location in Exhibit "A". This license shall extend only to eight parking spaces for employees close to the fence and off of the right-of-way as much as possible. This license shall not extend to the construction and/or installation of any additional structures, utilities or added parking spaces. 2. The sole purpose of this Revocable License Agreement is to have eight parking spaces for "employees only" at the rear of Surfside Grill & Pizzeria. 3. Pursuant to the terms and conditions contained in this Agreement, the County WPE ACTIVE 7458615.2 9 authorizes the Ownerto have eight employees park close to the fence in the prepared area and to maintain the grass and parking area inthe right-of-way of Las Olas Drive. The parking shall be as close to the fence as possible and cannot extend any further into the right-of-way of Las Olas Drive for safety. Any maintenance of the parking pad and/or replacement of the grass caused by this parking area along with cleanup of any erosion, should it fail, will be the responsibility of the Ownerto repair. 4. The Owner is required to have a licensed contractor perform any work on the parking area that is located within the right-of-way of Las Olas Drive, if needed, in accordance with Standard Specifications for Public Works Construction inSt. Lucie County, Florida, and FOOT Standards, together with a Maintenance of Traffic Plan for approval prior to construction and provide notice to the County Engineer with a schedule for construction. 5. This Revocable License Agreement shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 6. . The County shall have the right, atthe sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the parking pad and repair of the grass at the Owner's sole expense upon ninety (90) days written notice to the Owner. The. County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the parking area in the Las Olas Drive right-of-way, at the Owner's sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its righttoterminatethis Agreement. 7. Upon the abandonment of the parking area, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the re -sodding or: plugging of the abandoned parking area as directed bythe County Engineer, consistent with the specifications of the County in force at such time. 6. The term of this Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the parking at any time and at no cost to the County, if necessary for the maintenance or improvements of Las Olas Drive bythe County. WPB ACTIVE 74586152 2 10. The parking area in the right-of-way of Las Olas Drive shall be maintained solely at the expense of the Owner. Any maintenance activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access tothe location oothe parking area for County purposes as determined bythe County Engineer 12. All notices, request 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, address to: As to County: County Engineer Engineering Division 2300VirginiaAvenue, 2nd Floor Fort Pierce, Florida 34982 With Copies to: County Attorney 2300 Virgin! a Avenue, 3rd Floor Fort Pierce, Florida 34982 As to Owner: Vera Harding P.O. Box 6146 Jensen Beach, Florida 34957 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. 13. The Owner 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 attorney's fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' 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, sustained during Owner's use of the property, excluding costs, damages and liabilities resulting from the negligence or willful misconduct of County, its agents, employees, representatives or contractors. 14. The Revocable License Agreement shall be recorded inthe Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording WPB ACTIVE 74586152 3 . this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first Written. ATTEST: DEPUTY CLERK WIN,' 1 -:r1�� �� I�Lljit►Wiftness STATE OF FLORIDA COUNTYOF f1 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS CHAIRMAN APPROVED ASTO FORMAND CORRECTNESS: COUNTY ATTORNEY The foregoing instrument was acknowledged before me this _ day of DECEMBER, 2016, byVERAHARDINGwhoproduced t `t (P01=(type of identification) and who did take an oath. WITNESS my hand and official seal, thisday ofp?1P�, A.D., 2016. WACYY.TAMT iWC0Y69<gpf/FF025318 MNEB:JWG22,2M7 AI' ilwNpyyFuWclJrdeAYn (SEAL) Signature of Notary Public W EI ACTIVE 7458615.2 `}