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IZ Cl 6 v � <br /> AGREEMENT <br /> for <br /> SEAWALL REPAIRS COST- SHARING <br /> INDIAN RIVER COUNTY PROJECT 0822 <br /> THIS AGREEMENT for SEAWALL REPAIRS COST- SHARING (" Agreement" ) <br /> entered into this 9th day of December _ , 2008 by and among INDIAN RIVER COUNTY , <br /> a political subdivision of the State of Florida ( " County" ) ; and The Moorings Club , Inc , a not <br /> for profit corporation existing under the laws of the State of Florida ( "The Moorings " ) . <br /> BACKGROUND RECITALS <br /> A . Indian River County and The Moorings Club Inc . own and maintain certain <br /> existing seawalls located at , respectively , 400 and 600 Harbour Drive , Vero Beach Fl . <br /> 32963 ; <br /> B . The seawall owned by The Moorings is located in Indian River County parcel ID <br /> number 33402100000003000003 . 2 and the seawall owned by Indian River County is <br /> located adjacent to Harbour Drive and Cutlass Cove as shown in the plat of " The Moorings <br /> . Unit Three " Plat Book 8 Page 63A , as recorded in the Official Records of Indian River <br /> County , Florida ; are in poor repair ; <br /> C . The seawalls require early repair to avoid further deterioration and subsequent <br /> failure resulting in upland property loss and combining repairs to both seawalls into one <br /> construction contract would be beneficial to both parties relative to financial , uniformity , <br /> and timing considerations ; and <br /> D . It is Indian River County ' s intention to repair approximately 340 lineal feet of <br /> seawall and The Moorings ' intention to repair approximately 270 lineal feet of seawall , all <br /> in accordance with the terms of this Agreement , such repairs collectively performed under <br /> Indian River County " Seawall Repairs Project Number 0822 " . <br /> NOW THEREFORE , in consideration of the mutual covenants and promises herein <br /> contained and other good and valuable consideration , and intending to be legally bound , <br /> the County , and The Moorings agree as follows : <br /> 1 . The background recitals are true and correct and form a material part of this <br /> Agreement . <br /> 2 . The County , in accordance with this Agreement , shall competitively bid , award , <br /> and supervise the construction of the Seawall Repairs Project Number 0822 , using the <br /> technical specifications in the bid documents provided by the Indian River County <br /> Department of Public Works . <br /> 3 . The Moorings and the County each acknowledge and agree that Seawall Repairs <br /> Project 0822 includes : i ) mobilization ; ii ) demobilization ; iii ) removal and disposal of <br /> existing seawall cap , deadmen , and ties ; iv) construction of new seawall cap , deadmen , <br /> and ties ; v) earthwork ; and vi ) related materials including , but not limited to , the expenses <br /> 1 <br />