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Item O09 09 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 13, 2023 Agenda Item Number: 09 2023-1879 BULK ITEM: No DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 AGENDA ITEM WORDING: Update, discussion and direction regarding the right-of-way located at the end of Bay Drive. 10:00 A.M. TIME APPROXIMATE. ITEM BACKGROUND: The Commission has had numerous discussions regarding the use of a platted right of way known as Bay Drive in the Sunset Point community. The 60-foot wide, over 200-foot-long section of Bay Drive that terminates in Florida Bay is unpaved and covered in grass with a sandy beach area at the water's edge. The subject property has been used for decades as a point of access to the water by residents of the two adjoining subdivisions where Bay Drive is located, as well as members of the surrounding community. Over the years, that beach and the grass area has grown in popularity by visitors coming from far beyond the neighborhood and the surrounding community. The additional users have exceeded the reasonable carrying capacity of the property, with resulting deleterious effects on the surrounding neighborhood. Such effects include heavy traffic, speeding, illegal parking, trespassing on private property, as well as heated confrontations. Those issues have led to hundreds of calls for service with the Sheriff's Office. While not a formal County Park, the Board has adopted rules of conduct for use of the right of way in a way that it functions as a quasi-park. Those rules were viewed as ineffective to maintain the health, safety, and welfare of those living near the property over the years, especially when the parcel was overwhelmed by users. At the neighborhood's urging, the Board adopted a limited closure order, reducing the hours of access to 7 am to 7 pm on Tuesdays, Wednesdays, and Thursdays only. Those limitations have curbed the overuse and abuses of the parcel but limited the ability of local residents to access the water through this property as they have historically done. Sunset Point Community Association ("Sunset Point") represents a portion of the surrounding neighborhood's residents. Currently, the surrounding residents are restricted to access to the beach 7 am to 7 pm on Tuesdays, Wednesdays, and Thursdays only. Sunset Point proposed changes to the County's road abandonment ordinance to include an exception to the prohibition against abandonments of rights of way that terminate in open water, as an alternative to replatting the parcel, with an end goal of expanding their members' access to the beach at the waters edge of the strip of land. Other community 3415 residents expressed opposition to that proposal. As part of that discussion, one resident suggested that the County consider issuing a license to Sunset Point that would allow its members greater access to the parcel but still maintain the limited dates and hours for the general public. The County Attorney's Office drafted a proposed revocable license for an area approximately 10 foot wide by 200 feet long at the end of the Right-of-Way of Bay Drive for its resident members. That proposed revocable license was transmitted to the Sunset Point officers and their counsel in July. Under that proposal, Sunset Point would agree to maintain the area and the fence for the benefit of its members in exchange for a license to use that strip of land outside of the hours in which the entire parcel is open to the public. In October, Sunset Point replied with a counter proposal that contained several problematic provisions. The County Attorney responded to the counterproposal highlighting the most concerning provisions, namely: 1. The removal of the description as a "revocable" license and the changes to Paragraph 5. 2. The removal of the non-exclusivity language. 3. The language "relinquishing" the County's right to install parking on Bay drive. 4. The language "relinquishing" the BOCC's right to amend or rescind Resolution 228-2021. 5. The insertion of the last whereas clause restricting a future BOCC's hands in addressing the remaining portion of the right of way not affected by the license agreement. While there have been attempts to schedule a follow up meeting to see if it is possible to resolve the differences, no meeting has been scheduled as of the agenda deadline. PREVIOUS RELEVANT BOCC ACTION: June 15, 2011 BOCC adopted Resolution 165-2011 establishing rules of behavior for the recreation area at the end of Bay Drive. June 21, 2021 BOCC adopted resolution 229-2021 repealing Resolution 165-2011 and closing the ROW recreation area from June 2, 2021, until a further resolution of the BOCC; BOCC also adopted Resolution 228-2021 establishing a no parking zone comprised of the entire Bay Harbor and Sunset Point neighborhoods. Sept. 15, 2021 BOCC directed staff to open the area for public use Tuesday through Thursday. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Discussion. DOCUMENTATION: DRAFT REVOCABLE LICENSE AGREEMENT Exhibit A to Proposed Licensing Agreement 3416 FINANCIAL IMPACT: Discussion has no fiscal impact. 3417 REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT is made and entered into this day of September, 2023,by and between MONROE COUNTY, a political subdivision of the State of Florida, (hereinafter"County" or"Licensor"), whose address is 1100 Simonton Street, Key West, Florida 33040, and SUNSET POINT COMMUNITY ASSOCIATION, a Florida not for profit corporation (hereinafter"Sunset Point" or"Licensee"), whose address i .61 N Bay Harbor Drive, Key Largo, Florida 33037, collectively referred to as the "Parties." �'��,, WITNESSETH: WHEREAS, F.S. 125.01(1)(m) vests the Board �,Jie uthority Mate and control usage of County roads; and j WHEREAS Section 19-8 of the Monroe G� Co uthorizes theard to place restrictions on the use of County roads after following af, Hvl, roce`ss set forth insubsection(b); WHEREAS, Section 19-8 d authr s the Board to i� iatel lace restrictions on the use of County roads, including closure, �' investigatN111 , other emergency related purposes", notwithstanding the requirementet to ction 19 ); and WHEREAS theoj�""'' the owner ubhc n -of-way as de depicted on PB 2 Pa e /iia� „IS „� P g p g 81, Key Largo, Florid037, s�1 forth on Ex bit' A attached hereto and made a part hereof (the"Property"); aqd %/// j io fl� �� ''!Ve °'end of BayDrive, PB 2, Page 81, Key Largo, WHER the Pr pjj is l�c�� g Y g the o . aters of Florida Keys; and Florida w � yv / EREAS, t see isrida not for profit corporation; and WH % S, due to 41, or complaints regarding the unregulated use of Bay Drive, the Board adopted ,fo the of the end of Bay Drive as a recreation area in Resolution 165- 2011; and WHEREAS,cspite the rules set forth in Resolution 165-2011,the area became even more congested and is currently being misused; and WHEREAS, during its regular meeting held on June 16, 2021, the Board passed Resolution 229-2021, pursuant to Section 19-8(d) of the Monroe County Code, to rescind Resolution 165-2011 and temporarily close the end of Bay Drive to give staff time to investigate and develop a new plan for use and management of Bay Drive; and 1 3418 WHEREAS, staff has received input from residents of the immediately adjacent neighborhood and with residents of Monroe County who do not reside immediately adjacent to the property; and WHEREAS, the Board desires to reopen the southwest portion of the subject property for limited use by Monroe County residents; and WHEREAS, the Board desires to allow residents who reside in the immediately adjacent neighborhood broader access to the beach; and j WHEREAS, the Licensee desires to obtain a license fro e County for the purpose of constructing and maintaining a fenced off area on the northe si f e right-of-way to allow the residents and members of the immediately adjacent nort�n co access to the beach ,, '�; while protecting the area from the issues that have been t fn the pas WHEREAS this license does not trans imere4 n real P in ro e j n l tdin an P j g y leasehold interest in real property, owned by the Cou/i 1r nd WHEREAS, this license confers no exclusive posse %/�j of the Property; and ,, WHEREAS,this license does not cc n sfer any rr o exclude the County from any real property; and WHEREAS thi '' '' rmits only am, enum" ated, specific, listed permitted use, ,,,, and does not permit a : ding fu MA 61f,,, and WHEREAS the parking whit d issioners Monroe County reserves the right to add c }nay njocacja�r the area depicted on attached Exhibit Aand/or to amend ec� 1lttion `%228-2021; and Oi0/1 REAS, durnY regu meeting held on the Board heard test from memo of th urrounding community describing the past misuse of the end of Bay s nd the sure;nding neighborhood as well as the desire of the community to this area re- open i� �,united ��pacity to the public and the desire of the immediately adjacent P i residents to have a ce,, to e beach and their willingness to maintain the area free of debris and trash; and WHEREAS,based upon that testimony and evidence,the Board finds,pursuant to Section 19-8(d)of the Monroe County Code, that it is in the best interests of the health, safety, and welfare of the community to re-open the northeast portion of the property to residents in the immediately adjacent community. NOW, THEREFORE,for and in consideration of the mutual terms, conditions,promises, and covenants hereinafter set forth, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree as follows: 2 3419 I. Recitals. The foregoing recitals are hereby incorporated and made a part of this license. 2. Description of Premises: Licensor hereby grants to Licensee the right, license, and privilege of using a limited portion of the Northeast area of the County owned Property described on Exhibit "A," and hereinafter referred to as the "Licensed Premises for the purpose of allowing Licensee to construct and maintain a fence on the right-of-way in accordance with the sketch attached hereto and more particularly described as Exhibit"A"; reserving, however, to the Licensor, its successors and assignsnch right, title, interest and privilege as may be used and enjoyed without interfer'lwith or abridging the rights and right-of-entry hereby acquired. /i% 3. Grant of License and Term: The County dor�ry grant e,Licensee, and the ji Licensee does hereby accept from the Co , a non-exclusiv � ocable License 00/7 ("License")for the use of the Property fort lacement of Licensee's This License / %,,, �/I/ %/ is personal to Licensee and may not be assii or tray , rred. Licensor, Mall have the '°//////% /P ,r, right to terminate this License with or without c' j they (30) days r tten notice to Licensee. Licensee acknowledges that, under all app ble Florida law, Licensee acquires no prescriptive rights or other pra O�,� rights or claim j/i/rtue of this License. This License is revocable wi�or Air,/th ause or re 'nableness at the will and at the sole discretion of the Board of Coty� of Monroe County ( BOCC ).mi The Licensee shad o procedur�hA/A" proces' -ghts or claims arising from the procedure useCC��/ evo is License Aipm the County and the Licensee does hereby / r specifically wrj�jany chin or right aring from such termination procedure. The issuance of this se m way grants icensee or its successors any right to the contmu of this se. License shall be revoked only upon a vote of the � ��M ing A, evocation.regardless of any investment made in the Property ' j'the LicensV1110%11,5%, e du of use of the Property by the Licensee, the Licensee shall j/ no right or c for ges arising from the termination of this License. No re `,ntations or p fiction !made by the County or any of its officers, employees, or agen 11 give any; ght of use or any right of damages for losses sustained by the Licensefuse of trevocation of this License. In the that this License is revoked, the Licensee shall have a period of thirty (30) days fron�!fhe date of notification of such revocation, if requested by the County, to remove any improvements that it has placed upon the property and to return the property to the condition that it was in as of the date of this agreement. In the event that the Licensee fails to remove the improvements placed on such property, if requested to do so, on or before the expiration of the thirty-day removal period set forth above, the County may remove such improvements as it deems appropriate and the Licensee shall be liable for the cost of such removal. In the event that the Licensee fails to remove said improvements, if requested to remove such improvements by the County, they shall be deemed to have been 3 3420 abandoned or, at the option of the County, such improvements will become the property of the County. 4. Use of Licensed Premises. Licensee shall use the designated area of the Licensed Premises only for the purpose of placing its fence, and any required access to the area depicted in Exhibit A. The Licensed Premises shall not be used for any other purpose whatsoever without written consent of the Licensor. Licensee covenants that it will not, without written consent of Licensor,permit, the Licensed Premises to be used or occupied by any person, firm, entity, or corporation other than Licensee. t� see further covenants that no nuisance or hazardous trade or occupation shall bermitted or carried on, in or upon said Licensed Premises, no act shall be permitte / thing shall be kept in or about said premises which will increase the risk of an azar or catastrophe, and no waste shall be permitted or committed upon or an Licensed Premises. Licensee shall not permit the Licensed Premis , o be fled or occupi�� any manner that violate any laws or regulations of any gove - =ental authority. ]%////�j //////'M 5. Repair and Maintenance. Since Licensee here' �eei given perm°tssion to situate 55555 improvements on or affix them to the aforesaid r lip roperty, Licensee shall keep said improvements in good repair, anc' l maintain them such reasonable regularity and / o,,, ce/> by such reasonable means and in s able manner aevent them from being or becoming unsightly or otherwise u[uncomF� ,nt ry in ge l appearance of adjacent property or of all property within the a4J,ace C� r / 6. Alterations a m r ents. Licensee may of make any alteration, adjustment, partition, ad/11` / or impr ment to the / y p icensed Premises or an art thereof without obtaining prior �� con Uf f the Coun Licensee must comply with all applicable Florida tes, Mo%° °'e� % "s, and an other applicable laws or regulations ��///////�i/r/m '/i/ ��I�< Y PP g in /�� f val 641 fence an ther accompanying pre-approved improvements. 7` requests b�/ nsee � be in writing and shall contain all pertinent plans and �//// „ �j / �� ifications. All ations, stments,partitions, additions, or improvements shall, at �2/174 Ccs sole discre �n remtn the exclusive property of the County or be removed by Licupon Coun 's request. In the event County requests removal, Licensee shall RIMEperform, j sole co removal in a manner, which shall return the Licensed Premises to the conditi w they were received. Any costs necessary to restore or prepare the Licensed Pre rr for return shall be the sole responsibility of Licensee. All such alterations or improvements shall be made at the sole cost and expense of Licensee. 7. Right of Ingress or Egress. Licensee shall not place, operate, or maintain its fence or any other improvements at the Licensed Premises in such a manner that will interfere with ingress or egress by the County's employees, agents, etc., nor shall such placement or operations, hinder the County in its maintenance or operations of its property or any subsequent buildings or improvements that may be erected on the property. 4 3421 8. Relationship of the Parties. At all times and for all purposes under this Agreement Licensee is a separate and independent governmental agency and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Licensee or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. Although this License Agreement is a cooperative agreement, similar in many respects (but not all) to a partnership, the Licensee shall have no authority whatsoever to act on behalf and/or as agent for the County in any promise, agreement, or representation other than specifically provided for in this agree ent. The Licensee shall exercise control, direction, and supervision over the me { ner, personnel, and volunteers through which it performs its duties. The C , shall at no time be legally � i%ems to a responsible for any negligence on the part of the L�j s �! employees,yees gents, or volunteers resulting in either bodily or personal i try or�� et ty damage to any individual, property, or corporation. 9. No Third Party Beneficiary Rights. T greeme t shall creates hts"or claims whatsoever in any person other than a pa j/ j /jN 10. Nondiscrimination. Licensee agrees that there 11,be no discrimination against any F/A person, and it is expressly under that upon a de' ation by a court of competent jurisdiction that discrimination ha ed, this Ag �� utomatically terminates without any further action on the pa of , effect he date of the court order. Licensee agrees to comply with all F&deral , d utes, and all local ordinances, %P as applicable, relate ndiscriminaa[ These i� de but are not limited to: 1) Title VII of the Civ �T�igh � t of 1964 ( L 88-352)�which prohibits discrimination in /�/o , M employmen��basis o "Mice, color,reh ion, sex, and national origin; 2)Title IX of the Education Amen°°'x�t of 2, as amend ° (20 USC §§ 1681-1683, and 1685-1686), z � %// / fwhich r isdisc sex 3) Section 504 of the Rehabilitation Act of %5, ded �` SC § 7 , which prohibits discrimination on the basis of %� JFR ,.ndicaps, 4) e Dis ination Act of 1975, as amended (42 USC §§ 6101-6107), ch prohibits a� mina t !"i the basis of age; 5) The Drug Abuse Office and t ct of 1 ent A9 L 92, ),as amended,relating to nondiscrimination on the basis mn// of buse; 6) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatme it nd RehI litation Act of 1970 (PL 91-616), as amended, relating to nondiscrim!%'i n the basis of alcohol abuse or alcoholism; 7) The Public Health ��,,Brio Service Act o""11, 12, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to con 1 entiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14,Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, 5 3422 familial status or age; and 11) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. Compliance with Laws. Licensee shall comply with all federal, state, county, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Revocable License Agreement. 12. Public Records. The Licensor and Licensee shall allow and permit reasonable access to, and inspection of,all documents,papers, letters or other materials in its possession or under ce,, its control subject to the provisions of Chapter 119,Florida St � and made or received by the Licensor and Licensee in conjunction with this Rev ale License Agreement; and the Licensor shall have the right to unilaterally cancel'', se upon violation of this provision by Licensee. 13. Notice Requirement. Any notice required o� rmitted under this A ment shall be in writing and hand delivered or sent by Un States Mail, postage pr to,the other party by certified mail, return receipt req est °� by coer with proof of�ilivery. The oor%,,,. place of giving Notice shall remain the same as ern until Chan ed in writing in the manner provided in this paragraph. Notice shal ent to the following addresses: j/N FOR COUNTY: % FOR LI SEE: Monroe �5 ri3,;Count C r 1100 Vinton St , Room 205 Key"'lWe�j//3304?�;` and County) ey 1111 12th , t Suit; � �040 ey West, F1,��3 14. Indemnr ",ion/H' Harmless. To the t permitted by law, and as limited by Section 768.28, Florida Statutes, Licensee shah defend, indemnify, and hold harmless the County and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, or agents may incur as a result of any claim, demand, suit,or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from this License Agreement. Nothing contained in this paragraph shall be construed to be a waiver by BOCC, the County, its employees, agents, etc., of any protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained 6 3423 herein shall be construed to be a consent by either party to be sued by third parties in any matter arising out of this or any other Agreement. The indemnification provisions of this License Agreement shall survive termination of this License Agreement for any claims that may be filed after the termination date of the License Agreement provided the claims are based upon actions that occurred during the performance of this License Agreement. 15. Amendments. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed by Licensor and Licensee, with the same formality and of equal d .'i, herewith. 16. Governing Law, Venue, and Interpretation. This R License Agreement shall be governed by and construed in accordance with the 1 s of ite of Florida applicable to Agreements made and to be performed entirely hetate In � event that any cause of action or administrative proceeding is instit for " enforce r interpretation of this Agreement, the Parties agree that venue, ill he in the appropriate„ orefore the appropriate administrative body in Mons ; , , Florida., 17. Mediation. The County and Licensee agree that,i-11111 event of conflicting interpretations of the terms or a term of this Anent by or bet5,,any of them the issue shall be submitted to mediation prior to ,: itution of a �e administrative or legal ,�io rr i proceeding. Mediation proceedings initi O conducte.. `ursuant to this Agreement / , .;;; shall be in accordance with the Florid" ul ��/ re and usual and customary procedures required circuit courAa onroe , nty. 18. Adiudicatiop ; ,isputes�isagreemeW County and Licensee agree that all disputes and disagreemen 11 be tempted to be lved by meet and confer sessions between re resentatives of e�� £��, see. If the issue or issues are still not resolved to t of C� and Lichen any party shall have the right to seek such tef or reme /°O' °'%tuay b% rvided by this Agreement or by Florida law. This Agreement i, j of subject to ar ��tion //0 19. Coo"ion.�////ice,,, ion. In t event any administrative or legal proceeding is instituted against either pl to' 'e formation, execution,performance or breach of this Agreement County an�� ens, agree to participate, to the extent required by the other party, in all proceedings, 5 gs,processes, meetings, and other activities related to the substance of this Agreeme provision of the services under this Agreement. County and Licensee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 20. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and 7 3424 each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Licensee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 21. Attorney's Fees and Costs. County and Licensee agree that in the event any cause of /ice,,. action or administrative proceeding is initiated or defended party relative to the enforcement or interpretation of this Agreement the prevg party shall be entitled to reasonable attorne 's fees court costs investigative ��f-pocket expenses, as an award against the non-prevailing party, at all level they. system, including in appellate proceedings. j�j�„ %i 22. Binding Effect. The terms, covenants, co, ons, and provisions of thy`% e ,ment shall bind and inure to the benefit of Co nt Licen e and their r ective legal ///D////O/�,,G representatives, successors, and assigns. - 4107 23. Authority. Each party represent"" d warrants to th er that the execution delivery ° %' ' and performance of this Agreemen �� duly authorZ� all necessary County and other governmental agency action, asarequ°N / . Th A 24. Le al Obli ations:; Al s onsibiliti ///// is gren t is not intended to, nor shall it be construed aelievi y participadg entity from any obligation or responsibility imposed upx I ,entity law except tche extent of actual and timely performance thereof by any , at i entity, m wh case the performance may be offered in oao„ satisfaq,Omu/m/o/ of the o on° � � ffy. Further, this Agreement is not intended to, Tvi�� /%�� nod1 strue authorizy' the delegation of the constitutional or statutory %//////oji,, Pies of the Co � exce� e extent permitted by the Florida constitution,state statute, A/"/ ,, ii, case law. j// OF %,,, � 25. Assi ;nt. Licensshall have no authority to assign all or any portion of the Licensed Premise Mg any tin of this Revocable License Agreement. Should Licensee attempt /® to assign tf censer then the License shall be terminated forthwith, automatically, by operation of thiause, without prior notice to Licensee. r 26. Inspections. County or its agent, or any authorized employee of said agent, may enter upon said Licensed Premises at all reasonable times and hours to examine same to determine if Licensee is properly maintaining the Licensed Premises according to this Revocable License Agreement. 27. Non-Reliance by Non-Parties. Non-Delegation of Constitutional or Statutory Duties. No person or entity shall be entitled to rely upon the terms, or any of them, of this 8 3425 Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Licensee agree that neither the County nor the Licensee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. ice,, 28. Code of Ethics. County agrees that officers and employees ,County recognize and will be required to comply with the standards of conduct folic officers and employees as delineated in Section 112.313,Florida Statutes, regar �ht not limited to solicitation //% or acceptance of gifts; doing business with one's a° cy; u �horized compensation; misuse of public position; conflicting employ='fit ' contrMf relationship; and disclosure or use of certain information. / 29. No Solicitation/Payment. Licensor and lj e warr* that, in respectitself, it has neither employed nor retained any company or , otherr than a bond fide employee working solely for it, to solicit or secure this Lice %ate d that it has not paid or agreed to pay any person, company, corp orndividual, or i ,ther than a bona fide employee working solely for it, any fee, co ercentage, � consideration contingent � ,. WIN upon or resulting from the award or rkin ,� License 'f °or the breach or violation of this provision, Licensee agrees that r ,,, o Li nso, 'al he"right to terminate this License �i. without liability a ii, discretion, „ fset from „ ones owed, or otherwise recover, the full amoun/ such f r,, rcentage, gift or consideration. /////i� ��ommission 30. Execution in Ct r a; , This Agr€dent may be executed in any number of counter each of% ////% e as an original, all of which taken together sh O%/°% i, fib e an ame instru�nt and any of the parties hereto may execute this reement by `1 n any co nterpart. 31. Sk Headings. tion 6dings have been inserted in this Agreement as a matter of cony M ce of referee only, and it is agreed that such section headings are not a part of this Ag � nt and j.'ill not be used in the interpretation of any provision of this Agreement. 32. Mutual Reviy. This Agreement has been carefully reviewed by Licensee and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 33. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by 9 3426 the Board of County Commissioners, and signed by both parties before it becomes effective. 34. Final Understanding. This Agreement is the Parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. "M [REMAINDER OF THIS PAGE INTENT LLY LEFT BLANK] �j j/%ii,,. IN, "M /oF 10 3427 IN WITNESS WHEREOF, the parties hereto have executed this Revocable License Agreement as of the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA, LICENSOR By: By: Date: M r/Chairman SUN I` 'OIN I O , MUNITY A CIA 1w10N,LIC i EE /1WF,,, B ,, , , / Printed ate STATE OF FLORID COUNTY OF MO 'R ' The forego2/1'al"a/yr, _ " ent wa w/w/d/ owl ore me by means of[ ] physical presence, oronline z t 1 is //////,,, ///////a�� day of 2023, by `" %0orize' � r of Sunset Point Community Association on behalf of the OF Signature of Notary Public-State of Florida O Name of Notary Personally Known OR Produced Identification Type of Identification Produced 11 3428 0) N d' M r f �I i rt ar„ ' i " �I a� rj Board �IIIIII�,,, �� !';�;;;;;iiiiiiiiuiii��;;i;iy;i;i,�,�qq�,;,;,��iiiiiq!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIII �I H r t�ilSti�liilllllll�lllllllll � �jl � u ullilmuuuuuuuuuiiiiiiiiiuuuuuuuuuuuuuuuuuiiiiiiiiiuuumiiiiiiiih «�� Illii ul uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuiiuuuuuuumh �� ul Illll�llllll�llll�lllllf �� uuuuuuum muuillllllluuiu "r�x '�� ,. �� Wn�mlll��lllllll�� IIII � � ��p0j�� I�lll • Bay Driv,e ��osed �� '"�''�,N°:""" ""'"� '�" � � �;i�uu��iiiiiiiiiii�i�i� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ��u ii�� I�IIII�iiQQ w iLuuuui uumiiipuuuuuuuuuuuuuuuuuuuiiipuuuuuuuup What ,c,,//,,hanges, iglu� �I �y�, '' (�P'' i��l� ly� uuuuuuuumiiiuuuuuuuuuuuuuuuuuuuuiiiuuuuuuumii Iill� �)lli I i I Sl�ii II i uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuouuuuuuuuo • As a r eminder, ramp ...................... 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