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10 /� 3 � ra. <br /> TRI - PARTY COST SHARING AGREEMENT <br /> BETWEEN a d <br /> INDIAN RIVER COUNTY , CHARLES & JULIE HERSHEY, AND DAVID HORNCHEK <br /> THIS COST SHARING AGREEMENT made this 23rd day of October 2012 by <br /> and between INDIAN RIVER COUNTY , a political subdivision of the State of Florida , <br /> hereinafter referred to as County , whose address is 1801 27th Street , Vero Beach , FL <br /> 32960 ; CHARLES & JULIE HERSHEY , a husband and wife , hereinafter referred to as <br /> Hershey , whose address is 2144 4th Court SE , Vero Beach , FL 32962 ; and DAVID <br /> HORNCHEK , a single man , hereinafter referred to as Hornchek , whose . address is 2154 <br /> 4th Court SE , Vero Beach , FL 32962 agree as follows : <br /> WHEREAS , Hershey is the owner of a single family residence located at 2144 <br /> 4th Court SE , Vero Beach , Florida ; and <br /> WHEREAS , Hornchek is the owner of a single family residence located at 2154 <br /> 4th Court SE , Vero Beach , Florida ; and <br /> WHEREAS , the Hershey and Hornchek properties are in the Vero Shores <br /> Subdivision and the properties abut a canal that leads to the Indian River Lagoon ; and <br /> WHEREAS , the County is responsible for the maintenance and repair of <br /> stormwater drainage facilities within the Vero Shores Subdivision ; and <br /> WHEREAS , between the Hershey and Hornchek properties , the County has a <br /> 20400t easement for drainage purposes of stormwater runoff from 4th Court SE into the <br /> canal ; EXHIBIT "A" provides a Site Plan identifying easement and properties ; and <br /> WHEREAS , in late August 2012 significant rainfall and subsequent stormwater <br /> runoff from Tropical Storm Isaac caused damage to both the Hershey and Hornchek <br /> seawalls ; and <br /> WHEREAS , investigation reveals that the drainage pipe running along the <br /> eastern edge of the Hershey and Hornchek properties has broken near the seawall that <br /> exists along ,the canal causing erosion and undermining of the seawall so that it now <br /> leans at an angle to the east instead of being perpendicular; and <br /> WHEREAS , the parties agree that it would be in their mutual best interest to <br /> repair the damaged pipe and the seawall at the same time ; and <br /> WHEREAS , the parties agree to share all the costs of repair to the seawall and <br /> that all costs associated with the repair of the pipe will be the responsibility of the <br /> County , <br /> 1 <br />