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Home My WebLink AboutLICENSE AGREEMENT'JOSEPH E. SMITH, CLERX,OF THE CIRCUIT COURT — SATNT LUCIE COUNTY FILE # 4370416 OR Bi 4064 PAGE 1311, Record '11/15/2017 09:44:33 AM C This Instrument prepared by: Janet LiCausl under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 JLANNSD 3t, tUCgCOUntV REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this __3_ day of�1.2017, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (County) and STB RUNWAYS END. LLC, whose address is 3200 St. Lucie Blvd., Fort Pierce, FL 34946 (Runways End). WHEREAS, Runways End desires to install a temporary sign identifying Islamorada Brewery. There will be one (1) temporary sign placed on the County right-of-way of St. Lucie Blvd. The proposed temporary sign will be a double sided 18-ft. steel pole sign as shown on Exhibit "A". WHEREAS, the County is willing to permit Runways End to use the right-of-way of St. Lucie Blvd, to install a temporary sign, drought tolerance landscaping, weed, mow and electric if needed in this location, 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 Runways End a Revocable License Agreement for the purpose of installing a temporary sign, landscaping, weeding, mowing and electric if needed in the right-of-way as indicated on the attached sketch and incorporated herein as Exhibit "A" and "A-1". The temporary sign will be placed on County property outside the clear recovery zone and at location of proper safe sight distance in the right-of-way of St. Lucie Blvd. identified in Exhibit "A-1". This Revocable License shall extend only to the above -referenced location and shall not extend to the construction and/or installation of any additional signs. 2. The sole purpose of this Revocable License Agreement is to allow Runways End to install a temporary sign, landscape, weed, mow and electric if needed in the requested location. .OR BOOK 4064 PAGE 1312 3. Pursuant to the terms and conditions contained in this Agreement, the County authorizes Runways End to install a temporary sign, landscape, weed, mow and electric if needed in the location identified in Exhibit "A-1". 4. Runways End shall install the temporary sign in accordance with the Standard Specifications for Public Works Construction in St. Lucie County, Florida, and FDOT Standards. Runways End shall also obtain a Right -of -Way Permit and provide a Maintenance of Traffic Plan to the County for approval prior to installation and provide notice to the County Engineer and Road and Bridge Manager with a schedule for installation, if needed. S. The County shall have the right, at the sole discretion of the County Engineer or Road and Bridge Manager, to terminate this Agreement with or without cause and require removal of the encroachment at Runways End sole expense upon ninety (90) days written notice to Runways End. The County Engineer or Road and Bridge Manager may, also request that Runways End perform certain alterations to the temporary sign and location in the right-of- way mentioned in Exhibit "A-1", at Runways End sole expense. However, if such alteration is not performed to the satisfaction of the County Engineer or Road and Bridge Manager, the County shall be entitled to exercise its right to terminate this Agreement. 6. Upon the demise of the sign, the expiration of this Revocable License Agreement, or the revocation of this Revocable License Agreement, whichever occurs first, Runways End shall be responsible for the removal or restoration of the right-of-way as directed by the County Engineer or Road and Bridge Manager, consistent with the specifications of the County in force at such time. 7. 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. 8. The Runways End agrees to remove the temporary sign at any time and at no cost to the County, if necessary for the maintenance or improvements of the right-of-way by the County. 9. The temporary sign in the County's right-of-way shall be constructed in accordance with all applicable codes and permitting regulations of the County and shall be maintained solely at the expense of Runways End. Any maintenance activity will be subject to Y OR BOOK 4064 PAGE 1313 the written approval of the County Engineer or Road and Bridge Manager. 10. Runways End agrees to allow County employees access to the location of the temporary sign for County purposes as determined by the County Engineer or Road and Bridge Manager, 11. 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 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 As to Owner: STB Runways End, LLC 3200 St. Lucie Blvd Fort Pierce, FL 34946 As to County: Road and Bridge Manager 2300 Virginia Avenue Fort Pierce, FL 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. 12. As consideration for the County granting this Revocable License Agreement Runways End agrees to 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 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 Runway's End use of the property. 13. Runways End shall promptly pay to record this Revocable License Agreement in .OR BOOK 4064 PAGE 1314 the Official Records of St. Lucie County, Florida. Runways End shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: WITNESSES: STATE OF FLORIDA ( COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS -72 AiAIRP 0Ai UZ AND The foregoing instrument was acknowledged before me this St day of ()C fiber 2017, by Ty r o+n2 bra dI eu as Mar-\cazex" of STB RUNWAYS END, L-C. who produced (. Cy we)P S i iLwSe (type of identification) and who did/di take an oath. WITNESS my hand and official seal, this S day of fDb0" 2017. My commission expires MG� V 1 Zoiq FA7EaclafV3 G,y ERIN USIUNS Signature of Notary Public Ydwv Pahk . SWl of Flmft OR BOOK 4064 PAGE 1315 LSLAMORADADEERWWANY FWWVIW LP{Y!W ITa—� ir !HlR B COM PA NY D BREWERY Irnrr� wmlpoYeoY v ODODLE SIDED A W MWUM CAMZTJ $IM ►OtE A VAIR .WTIIX: .e.�Va1TA l NLlInIR SiL[T1RYM11MW W 9%I OIB 41 W IM141Y W uriva toe<1S a 13'a N {' NwSaap M�;k { (ui If�iaeA:1 IilAE1L1k A51/11Y181M RM 13 a 1SaW Nwias l RaLI �W Rrt W il'41td®RM ly{kwudMMam�4Mrt 1Y1em181ndldaW ISMq cHPuans nmHTRpunmYns..(uaumwe�..�a e»oBmxuuluaemMd �•••.,� a�al� lauamd.r �"'� Y TW14(A911HSYp1 IfilY WCHBY I'G! p IMNY]I�!'Y W I W � W�wwMOlwPallMlOI1tM glYgifIYMMIpRa tl0't@YBl IH9NJLRMR[I�ILBMM(!lgTlE [apY9J Mwaa{m 9(pgalYSsq�Y lDT rYc. ia� Ya�nsun(NRYIY 0.�1 (v(L.w+ry��fprp yrI UZ EXHIBIT