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l• <br /> 3 . The access point shall be available only to pedestrians who are guests or <br /> visitors to the Disney property . <br /> 4 . Disney , or its agents , shall be responsible for all construction and <br /> maintenance of the pedestrian access path , which the parties believe will <br /> consist of the following : <br /> • A mulch path leading through the fence from the Disney property to <br /> a place near the southern most picnic gazebo at Wabasso Beach <br /> Park . At a later date , the mulch may be replaced with a boardwalk <br /> or pavers , at Disney ' s option and expense . <br /> • A gate would be installed in the fence that would be secured with <br /> either a lock or a swipe card operated lock . <br /> • Use of the access would be restricted to the hours between sun <br /> rise and sun set , which are the hours of operation for Wabasso <br /> Beach Park . A sign . providing this information will be posted on the <br /> gate . <br /> • Disney would be responsible for all construction and maintenance <br /> on the path and gate and would replace any landscaping that may <br /> need to be removed as a result of constructing the path . <br /> • The County shall approve all plans prior to the commencement of <br /> construction . <br /> 5 . To the extent allowed by Florida law , Disney agrees to indemnify the County <br /> for any personal injury or damages resulting solely from the use of the path by <br /> Disney' s guests or visitors . <br /> 6 . Use of the path and park by Disney and its guests and visitors shall be in <br /> compliance with all applicable laws and permits . The County may terminate <br /> this agreement if in its sole opinion , the path , gate and park are used contrary <br /> to the terms of this agreement , the County Code of Ordinances or applicable <br /> State laws . <br /> 7 . This agreement shall expire when Disney has repaired its boardwalk access <br /> to the beach on its own property . <br /> 8 . All notices and documents relating to this Agreement shall be provided <br /> as follows : <br /> To The County : To Disney : With a copy to : <br /> Public Works Director Disney Vero Beach Resort Wait Disney Resort <br /> 1801 27th Street General Manager Legal Department <br /> Vero Beach , FL 32960 9250 Island Grove Terrace 1375 Buena Vista Drive <br /> Vero Beach , FL 32963 Lake Buena Vista , FL 34747 <br /> 2 <br />