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03/20/2024 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 2, 2024 TO: Christine Hurley, Executive Director Monroe County Land Authority ATTN: Dina Gambuzza Office Manager FROM: Liz Yongue, Deputy Clerk SUBJECT: March 20, 2024 BOCC Meeting The following item has been executed added to the record: PI Revocable License Agreement with Isaac P. Bixler and Dolores Jamie for temporary access through County property located at 45 Riviera Drive, Key West, Florida, for the purpose of repairing the dock and/or seawall at 43 Riviera Drive in accordance with required permits. Should you have any questions please feel free to contact me at(305) 292-3550! cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT (the "License") is made this 20th day of March, 2024,by and between MONROE COUNTY, a political subdivision of the state of Florida("Licensor")and ISAAC P. BIXLER and DOLORES JAMIE(collectively"Licensee"). WITNESSETH: WHEREAS, Licensor is the owner of certain vacant land on 45 Riviera Dr., Key West,Florida, and more particularly described as follows: Lot 4, Block 8, GULFREST PARK PLAT NO. 2, according to the plat thereof as recorded in Plat Book 4, Page 157, Public Records of Monroe County, Florida. Parcel Identification Number: 00158110-000000 (Hereinafter"County Property"); and WHEREAS, Licensee owns that certain land located at 43 Riviera Dr., Key West, Florida, and more particularly described as follows: Lot 5, Block 8, GULFREST PARK PLAT NO. 2, according to the plat thereof as recorded in Plat Book 4, Page 157, Public Records of Monroe County, Florida. Parcel Identification Number: 00158120-000000 (Hereinafter"43 Riviera Drive") WHEREAS, Licensee pursuant to Monroe County Building Permit Number (the "Building Permit") is performing certain concrete dock repair work to restore the seawall at 43 Riviera Drive; and WHEREAS, Licensee has requested temporary access on and through the County Property for staging of construction materials and construction vehicles. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Licensor hereby grants to Licensee a revocable and non-assignable license to enter on, over and across the Licensor's Property for the purpose of repairing Licensee's dock and/or seawall at 43 Riviera Dr. in accordance with the Building Permit. Licensor, reserves to itself and its successors and assigns, all such right,title,interest and privilege as owner in fee simple of the Licensor Property. 2. Licensor shall have the right to revoke and terminate this License with or without cause,with thirty (30)days'written notice to Licensee. Written notice given or sent by Licensor to Licensee,shall be deemed 1 to have been fully given and/or sent,when made in writing and deposited in the United States mail,certified or registered and postage prepaid, or when received, via hand delivery or nationally recognized overnight courier and addressed to the following address: Attn: Isaac P. Bixler and Dolores Jamie, at 43 Riviera Dr., Key West,Florida 33040. In the event Licensee's items,materials and/or belongings are not removed from the County Property in response to written notice of termination from Licensor, or should Licensor find it necessary in the event of an emergency to act immediately, Licensor may remove Licensee's items, materials and/or belongings from the County Property and shall not be responsible for damage incurred due to such removal. The costs incurred by the Licensor associated with any such removal shall be borne by Licensee. This License Agreement shall expire upon the earlier of one hundred eight(180) days from the date of execution or the closure of the Building Permit. 3. This License is personal to Licensee and may not be assigned or transferred except that the Parties acknowledge that License area may be utilized by Licensee's contractors working pursuant to the Building Permit. Licensee shall not assign, sublease, or grant use rights to the County Property to anyone. Any attempted disposition by Licensee of an interest in the Property without Licensor's prior written consent shall be void and confer no rights upon any third person or entity, and grounds for immediate termination of this License Agreement. 4. Licensee agrees to maintain, either through Licensee's own coverage or its contractors, the following insurance coverages, naming Licensor as an additional insured through the term of this agreement: Workers Comp(WC3): $500,000/$500,000/$500,000 Vehicle Liability: $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage General Liability: $300,000 per Person; $500,000 per Occurrence $200,000 Property Damage or $500,000 Combined Single Limit Licensee shall also ensure that any contractors working on behalf of Licensee and who are using the License area shall also provide the same insurance coverage in favor of Licensor through the term of this agreement. Monroe County Board of County Commissioners,its employees and officials, 1100 Simonton Street, Key 2 West, Florida 33040, as Licensor, shall be named as additional insured on all policies, except for Worker's Compensation. Furthermore, Licensee agrees to indemnify and hold harmless and defend Licensor, its officers, agents, managers, members, tenants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorneys' fees, court costs, and expenses, caused by the conduct, misconduct, negligence, error, omission, or act of Licensee and/or his/its/their officers, directors, shareholders, employees, agents, professors, students, interns, or invitees, or accruing, resulting from, or related to the subject matter of this License Agreement, including without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property, whether or not suit be brought. The provisions of this indemnification provision shall survive the expiration or earlier termination of this License Agreement. 5. If any action of the Licensee and/or his/its/their officers,directors,shareholders,employees,agents, invitees, or customers results in damage to the Property, Licensee shall, at its sole cost and expense, immediately repair such damage in a manner acceptable to Licensor. 6. Licensor does not warrant or represent that the Property is safe or suitable for the purpose for which Licensee is permitted to use it, and Licensee assumes all risks in its use. 7. Upon the termination of this Agreement,Licensee shall return the Property to Licensor,in the same or better condition than received on the effective date hereof, clean and cleared of all trash,debris,personal property, and equipment of any kind. 8. Covenants of Licensee. 8.1. Licensee shall procure all licensing,permits and approvals as may be required by law, and shall comply with all governmental rules,regulations,policies, and/or laws,including but not limited to the Monroe County Code of Ordinances. 8.2 Licensee shall not use the Property or permit any part of the Property to be used for any unlawful,disreputable,or hazardous purpose,nor shall Licensee operate or conduct its business in a manner constituting a nuisance of any kind. A violation of this covenant shall be cause for immediate termination of this License Agreement. 8.3 Licensee shall keep the Property clean and free of garbage, debris, trash and any other property, whether owned by Licensee or others, with the exception of items used in connection with the restoration activities contemplated herein. 8.4 Licensee shall not occupy, obstruct, or otherwise encumber areas outside of the Property and shall not block access to the Property. 3 8.5 No use of the Property shall be made or permitted to be made, or acts done, or that will create a fire or safety hazard, or as shall cause a cancellation of any insurance policy covering the County Property. 9. Miscellaneous Provisions. 9.1 This Agreement shall be governed and construed in accordance with the laws of Monroe County, Florida, and the State of Florida. 9.2 If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the remaining provisions of this Agreement, all of which shall remain in full force and effect. 9.3 This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 9.4 This Agreement may not be amended, modified, superseded, cancelled, renewed or extended, and the terms and conditions hereof may be waived, except by a written instrument signed by all the parties or,in the case of a waiver,by the parry waiving compliance. No delay on the part of any parry in exercising any right,power or privilege hereunder shall operate as a waiver thereof,nor shall any waiver on the part of any parry of any right,power or privilege hereunder, nor shall any single or partial exercise of any right,power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right,power or privilege hereunder. The rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies which any parry may otherwise have at law or in equity. The rights and remedies of any parry arising out of or otherwise in respect of any inaccuracy in or breach of any representation,warranty, covenant or agreement contained in this Agreement shall in no way be limited by the fact that the act, omission, occurrence, or other state of facts upon which any claim or any such inaccuracy or breach is based may also be the subject matter of any other representation,warranty,covenant or agreement contained in this Agreement(or in any other agreement between the parties)as to which there is no inaccuracy or breach. 9.5 All of the terms and provision of this Agreement shall be binding upon,inure to the benefit of and be enforceable by each of the parties hereto and their respective heirs, executors, successors and assigns. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 4 I'l Mod Name otAV aa.ss ll "" _..... Printed Nmilie o I Ks F» IN WITNESS WHEREOF, the parties hereto have executed and/or caused this Agreement to be executed the day and year first above written. LICENSOR: By its Board of County Commissioners • .p.,. #• --- Holly Merrill Raschein, Mayor 0,e��-�,,�, '`-Ke VL in ok, Clerk l'ii, ye,„,':,':',':;181\23 fi,,,, \\%1V., eiT''... -....'.:g.t?') pE �t4 \Ad s1S� it { `���7t=�::.�� ��:,+VVIa.):> �k19t4' v1c ('. `'a e4'r AST l I.i:.t_y �w• .P 4 '°�" °1 a ' ;',f Clerk( Deputy Clerk of the Yi � ,j ', t �', ib :� '` `"r Circuit Court) S14 F µ'.Y* \ :�.4. Monroe�1�•onroe County,Florida E` o-, Approved as to legal sufficiency: if) __pt__.----,- r Ci; iii. 0 _ ) 0 ILL/LEt— (-6/11—k—L'::2-- . G. c-.4 —ri Patricia Eables,Esq,Assistant County Attorney _. 41!.;;; =..1 Nu,r.d' ) :.fi VW »tip i. r�.w� 5