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2017-006
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2017-006
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Last modified
1/26/2017 10:13:08 AM
Creation date
1/26/2017 10:13:07 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
01/17/2017
Control Number
2017-006
Agenda Item Number
8.F.
Entity Name
Disney's Vero Beach Resort
Subject
Wabasso Beach Park License Agreement
Dune Repair
Area
Wabasso Beach Park
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WABASSO BEACH PARK LICENSE AGREEMENT <br /> Indian River County ("County") hereby authorizes Disney's Vero Beach Resort and its <br /> affiliates, agents, representatives and contractors (collectively "Licensee") to use the <br /> Beach Park Park for the limited purpose of <br /> established beach access point at Wabasso ("Park") <br /> delivering beach material and locating certain heavy equipment onto the beach to perform <br /> tion projects for the nearby residential development. Use of the Park for this <br /> dune stabiliza p � Y P <br /> purpose is limited to 14 days between January 16, 2017 and January 29, 2017 (including <br /> weekends)between the hours of 7:30 AM—5:30 PM(the"License Period"),and is subject <br /> to the following terms and conditions: <br /> 1) Licensee shall operate all equipment, or cause all equipment to be operated, in a <br /> safe and prudent manner, and in accordance with any measures deemed necessary <br /> for public safety by County staff. <br /> 2) Licensee shall (a) keep the gates to the Park securely locked at all times except <br /> when opened for the passage of Licensee's equipment, (b)manage in a timely and <br /> efficient manner any traffic issues that arise as a result of Licensee's use of the <br /> Park, and (c) prohibit any public vehicular or pedestrian use of the Park during <br /> Licensee's dune stabilization activities. Licensee shall post"Beach Closed" signs <br /> at the Park entrance during Licensee's dune stabilization activities. <br /> 3) Any sand needed to establish a"sand ramp" for equipment to access the beach, or <br /> to perform the dune stabilization projects for the nearby residential developments, <br /> shall be provided by Licensee. No use of existing sand from the Park or beach shall <br /> be allowed.Any damage by Licensee to the Park shall be repaired to the satisfaction <br /> of the County and at no cost to the County. The agreed upon access route shall be <br /> inspected/videoed by County staff with the Licensee present,prior to the equipment <br /> mobilization to the identified Beach Park. <br /> 4) The County assumes no liability for loss of or damage to Licensee's equipment or <br /> personal property staged or stored at the Park. Any such equipment or property <br /> shall be staged or stored at the sole risk of Licensee. <br /> 5) The Park is located between two residential communities. As such, Licensee shall <br /> minimize construction impacts to the residential communities(i.e.work hours 7:30 <br /> AM—5:30 PM, construction noise, equipment vibration, etc)to the greatest extent <br /> practical. Licensee shall provide 48 hour notice to the HOAs of the adjacent <br /> residents and the County prior to commencing access activity through County <br /> property. <br /> 6) Licensee shall indemnify the County for any damage to Park structures, roads, <br /> vegetation or other Park features or County property resulting from Licensee's <br /> performance of the dune stabilization projects, or this License Agreement. Any <br />
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