2022-12-06 V. C. Exhibit 2 Exhibit 2
12/06/2022
TERMINATION OF GRANT OF LICENSE
THIS TERMINATION OF GRANT OF LICENSE is made by the CITY OF OKEECHOBEE,
FLORIDA, a Florida municipal corporation (hereinafter "CITY") on this day of
2022.
WHEREAS, the AMERICAN LEGION MEMORIAL POST NUMBER 64 OF OKEECHOBEE,
FLORIDA (hereinafter "LEGION") is the grantee under a certain Grant of License (the
"LICENSE")from the CITY dated September 2, 1997, attached hereto as Exhibit A; and
WHEREAS, the LICENSE grants to LEGION the right to "to erect in the Easternmost block
of the [area of the City known as] Downtown Park, lying between State Road 15 (U.S.
Highway 441 South) and Southeast 2nd Avenue, a monument/memorial dedicated to
Veterans and members of the armed forces to serve as an 'Wall of Honor', which may
include installation of other items or memorabilia related to the armed forces"
(hereinafter "VETERANS SQUARE"); and
WHEREAS, the LICENSE requires the LEGION to "assume all responsibility and liability for
the monuments or other structures or exhibits located on or with the Wall of Honor";
and
WHEREAS, the LICENSE reserves to the CITY "the right to terminate [the LICENSE] and
the described uses upon actual public necessity or for valid Municipal purposes upon
90-days advance notice"; and
WHEREAS, the CITY is now undertaking an initiative to restore and enhance VETERANS
SQUARE, and, as such, it finds it both a valid municipal purpose and in the public
interest to preserve and maintain the Wall of Honor and monuments or other
structures or exhibits located on or with the Wall of Honor (the "IMPROVEMENTS");
and
WHEREAS, the CITY desires to terminate the LICENSE and any rights and duties
associated therewith.
NOW, THEREFORE:
1. The CITY hereby terminates the LICENSE.
2. The CITY shall assume all responsibility to maintain the IMPROVEMENTS, to
keep the same in repair, and to maintain utility service thereto.
3. The CITY shall coordinate with Veterans service organizations within
Okeechobee to ensure that the CITY's maintenance of the IMPROVEMENTS
remains consistent with both the CITY's and the Veterans service organizations'
desire to honor CITY Veterans and members of the armed forces who have
served, protected, and defended our nation.
4. The CITY Clerk shall cause this Termination of License to be recorded in the
public records of Okeechobee County, Florida.
IN WITNESS WHEREOF, CITY sets its hand and seal on the aforesaid date.
Dowling R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Page 1 of 3
EXHIBIT A, TERMINATION OF GRANT OF LICENSE
GRANT OF LICENSE
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
THIS INDENTURE, made and entered into this 2nd day of
September , 1997, by and between the CITY OF OKEECHOBEE,
FLORIDA, a municipal corporation existing under the laws of the
State of Florida;
GRANTORS, and
The AMERICAN LEGION Memorial Post # 64 of Okeechobee, Florida, by
and through its officers and members,
GRANTEES;
WHEREAS Grantor is possessed of the area of the City known as
the "Downtown Park", in between North and South Park Streets in
conjunction with the Hamrick Trust; and
WHEREAS the Grantees have requested permission to erect a Wall
of Honor dedicated to Okeechobee Veterans and members of the armed
forces who have served, protected and defended our Nation to be
placed in the Easternmost block of the Park between S.R. 15 and
S.W. 2nd Avenue, and the Grantor finds such use serves a valid
Municipal purpose; and
WHEREAS Grantor has licensed other uses of Public areas of the
City for legitimate benevolent, fraternal or charitable
organizations, and has the authority to execute such permissions,
and the Grantee agrees to act as agent for, and in conjunction
with, all other Veterans organizations within Okeechobee County,
Florida in this endeavor; and
WHEREAS Grantor has agreed in consideration of the sum of Ten
Dollars ($10.00) and other valuable considerations, the sufficiency
of which is herein acknowledged, to grant to Grantee and all other
Veterans' organizations within Okeechobee County, Florida similarly
situated, for the purposes and in the manner expressed below;
NOW, THIS INDENTURE WITNESSETH:
The Grantees are granted a license for full and free right and
liberty for them and their members, guests, servants, agents,
employees, visitors, licensees, in common with all persons having
the like right, at all times hereafter, for all purposes connected
with the use and enjoyment of the land of the Grantee and those
likely situated for whatever purpose the land from time to time
lawfully may be used and enjoyed, to erect in the Easternmost block
of the Downtown Park, lying between S.R. 15 (Hwy. 441 South) and
S.E. 2nd Avenue, a monument/memorial dedicated to Veterans and
members of the armed forces to serve as an "Wall of Honor", which
may include installation of other items or memorabilia related to
the armed forces, to be erected substantially in accord with, and
as described and planned in the proposed construction drawings
submitted to the City on June 3, 1997, which plan is incorporated
herein.
TO HAVE AND TO HOLD the license as granted unto Grantee, its
successors in interest and those likely situated as described
above, for a period in perpetuity, unless earlier terminated as
hereinafter set forth.
It is understood that the license is given upon the express
understanding and condition that it may be continue to be also used
by Grantor, its assigns, and all members of the general public
without restriction, in conjunction with the uses of Grantee,
however recognizing that such Public use shall not infringe upon or
interfere with the dignity and respect due the Veterans as depicted
by the Wall of Honor.
Page 2 of 3
It is further understood that Grantee may improve, maintain
and otherwise construct a permanent monument, in conformity with
State and local code or ordinance, and Grantor in no way will be
bound to improve, maintain or construct the monuments and/or other
improvements, or to keep it in repair, or to maintain utility
service; nor do Grantor assume any liability or responsibility to
Grantee using the land by invitation, express or implied, or by
reason of any business conducted with Grantee, or otherwise.
The Grantor shall however, continue to maintain at its own
expense, and in its own discretion, that area of said Park which
includes grass, sprinkler systems, edging, & shrubbery, as it
provides and in a similar manner to other areas of the Park. In the
event the Grantor must relocate the irrigation system or other
improvement to accommodate the Grantees uses, then Grantee shall
reimburse the Grantor for actual costs associated with such work.
In return for this grant of license, the Grantee shall assume
all responsibility and liability for the monuments or other
structures or exhibits located on or with the Wall of Honor, and
shall hold the City of Okeechobee, its assigns, and the Hamrick
Trust and its beneficiaries harmless from any claim, demand, action
or suit which alleges personal injury or loss of life or property
arising out of the use of the designated portion of the Downtown
Park by the Grantee, its agents, invitees or members who may visit
said memorial.
This license and permission to use this area of the Park, as
well as the right to erect monuments shall not be unreasonably
restricted or terminated by the Grantor; however, Grantor or its
assigns reserves the right to terminate this license and the
described uses upon actual public necessity or for valid Municipal
purposes upon 90 days advance notice.
IN WITNESS WHEREOF, Grantor and Grantee have set their hand
and seal on the day and year above written.
tYOR, CITY OF OKEECHOBEE
• • ATTEST: ll/�i OF
/
CITY CLERK
� � AMER N E TO ZOST #64
by:
Page 3 of 3