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AGREEMENT FOR ACCESS TO WABASSO BEACH PARK <br /> THIS Agreement For Access , entered into this 3 day of November , 2010 , by <br /> and between INDIAN RIVER COUNTY a political subdivision of the State of Florida , <br /> (" County" ) , whose address is 1801 27t" Street , Vero Beach , FL 32960 , and Disney <br /> Vacation Development , Inc . and Walt Disney Parks and Resorts U . S . , Inc . ( successor <br /> by merger to Walt Disney World Hospitality & Recreation Corporation ( collectively <br /> " Disney" ) whose address is 1375 Buena Vista Drive , Lake Buena Vista , FL 34747 <br /> WITNESSETH : <br /> WHEREAS , the County owns and operates Wabasso Beach Park , which is <br /> located east of the intersection of State Road A- 1 -A and County Road 510 ; and <br /> WHEREAS , Disney owns and operates the Vero Beach Disney Resort and <br /> Vacation Club , located at 9250 Island Grove Terrace , Vero Beach , FL 32963 which <br /> abuts Wabasso Beach Park to the north , and <br /> WHEREAS , in early 2010 , the County replenished sand that had eroded away <br /> from Disney ' s beach ; and <br /> WHEREAS , the various storms that passed by the eastern coast of Florida <br /> during the 2010 hurricane season caused beach erosion , especially to the Disney <br /> property ; and <br /> WHEREAS , the erosion caused the formation of an escarpment along Disney ' s <br /> beach , resulting in a steep six foot embankment of sand at the end of Disney ' s beach <br /> access boardwalk ; and <br /> WHEREAS , because of the steepness of the sand embankment , it is difficult for <br /> some guests at Disney to safely access the beach ; and <br /> WHEREAS , due to the complexities involving permitting and construction <br /> seaward of the dune line , Disney is not able to remedy their beach access problem ; and <br /> WHEREAS , Disney has approached the County about creating and constructing <br /> a temporary entrance point into Wabasso Beach Park . <br /> NOW THEREFORE , in consideration of the mutual covenants contained in this <br /> Agreement , the County and Disney agree as follows : <br /> 1 . The above recitations are true and correct . <br /> 2 . The County will permit Disney to construct an access point to Wabasso <br /> Beach Park at the location indicated on Exhibit A attached and incorporated <br /> herein . <br /> l <br />