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HomeMy WebLinkAboutLicenseLICENSE KNOWN ALL MEN BY THESE PRESENTS that the City of Sebastian, 1225 Main Street, Sebastian, Florida, 32958, hereinafter called "Grantor", in consideration of the sum of TEN AND NO/100 ($10.00) DOLL~_RS, and other valuable considerations, receipt of which is hereby acknowledged, does hereby grant to the Pelican Island Garden Club, 272 Zane Avenue, Sebastian, Florida, hereinafter called "Grantee", a non-exclusive irrevocable license for the planting and maintenance of certain landscaping upon and across a portion of a city-owned park situated in the County of Indian River and State of Florida, more particularly described in Exhibits "A" and KB", which are attached hereto and incorporated herein by this reference. The Grantor shall assist in the installation and maintenance of the landscaped area. RESERVING to Grantor the right and privilege to use the land conterminous with the license herein granted for all purposes not inconsistent with the Grantee's. The within grant of license and easement is non-exclusive. In the event the Grantee does not utilize the license for the aforesaid purpose or abandons it for one (1) year after ~9~ ~ . \q~ , the license granted herein to Grantee for that ~i~e~,~e ~rea only shall be deemed null and void at the option of the Grantor and the Grantor shall have the immediate right to reenter and terminate the privileges granted hereby. Upon such reentry, the complete title and ownership of this license shall vest in the Grantor and the license shall be terminated. IN WITNESS WHEREOF, this q day of ~-~1~ , 19 q~ sTATE OF FLORIDA- ~ COUNTY OF INDIAN RIVER the Grantor has executed this License Thomas W. Ff~me City Manager HEREBY CERTIFY that on this ~ day of ~ /~ before me appeared pe~rsonall~/known to me or has produced ~//~ as identification. , 10 WITNESS my hand and official seal of Indian River, and State of Florida, aforesaid. at Sebastian in the County the day and year last (SEAL) My Commission Expires: PUD-C CL 'Pelican IslandGarden Sebast Flo da EXHIBIT "B" Mr. Thomas Frame, City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Club June 18, 1997 Dear Mr. Frame: Pusuant to our discussions, the Pelican Island Garden Club is asking for permission from the city to activate a beautifi- cation program on the west side of Dominican Lake. We would like to install two large area beds in which we will put a minimum of three large trees each, plus suitable bushes, plants and flowers to make it attractive. We also would like to plant a fairly large live oak on the part of the land which juts out into the lake. We will put in a winding pathway covered with mulch, mulch the beds and install at least two benches. This will be a tranquil park, not an active one. Along with your permission to go ahead, we would like any cooperation the parks department can give us in the planting and watering of the trees and plants, as well as mowing of the park. It is our desire to make this an attractive addition to our city, without asking the city to provide funds. This is a project of the Pelican Island Garden Club, but we will be receptive to any help you can give us. It will be done in steps, and will be an ongoing project. We appreciate your cooperation. Sincerely, Margaret Miquelon, President Pelican Island Garden Club Sebastian, Florida 32958 275 Zane Ave. Sebastian, Florida 32958 City of Sebastian, Subject: License Agreement Between the City of Sebastian and the Pelican Island Garden Club For A Non-Exclusive Irrevocable License for the Planning and Maintenance of Certain Landscaping Upon Certain City Owned Property. Approved for Submittal by: City Manager Florida Agenda No. V Department Origin: City Manager Date Submitted: 07/02/97 For Agenda of: 07/09/97 Exhibits: (~ Letter From Margaret Miquelon, President Pelican Island Garden Club (~ Copy of Letter From City Manager to Garden Club ~ Proposed License Agreement · Map Of The Subject Property EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A APPROPRIATION REQUIRED: N/A SUMMARY Over the past several months, dialogue has developed between the City Manager and the Pelican Island Garden Club over the landscaping, beautification and improvements to that tract of land that is owned by the City abutting, Dorninican Lake. In particularly, the property is bounded on the ~outhwest by Bafi0er Street to the northwest by Rose Arbor Drive and to the southeast by Dominican Terrace. The Garden Club would like to be able to proceed with the improvement to the subject property through landscaping, walking trails, park benches, etc., and members of public works and the City Manager's Office have met with representatives of the Pelican Garden Club on site and agree that it would be a useful effort on part of the Garden Club. The Garden Club does not propose to assume the responsibility for maintenance of the property but would like to work in enhancing the property as a donation to the City. From a staff:prospective, we are very supportive of this approach and have advised the Garden Club that coordination would be most important to insure cost effective maintenance with various improvements. RECOMMENDATION g,¢commend approval of the License Agreement authorizing the Pelican Island Garden Club a non- ,~xclusive irrevocable license for the planning and maintenance of certain landscaping upon and across subject property abutting Dominican Lake.