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GOLDEN SANDS BEACH PARK LICENSE AGREEMENT <br />Indian River County ("County") hereby authorizes the Town of Orchid and its affiliates, <br />agents, representatives and contractors (collectively "Licensee") to use the established <br />beach access point at Golden Sands Beach Park ("Park") for the limited purpose of <br />delivering beach material and locating certain heavy equipment onto the beach to perform <br />dune stabilization projects for the nearby residential development. Use of the Park for <br />this purpose is limited to 18 days between January 24, 2017 and February 10, 2017 <br />(including weekends) between the hours of 7:30 AM — 5:30 PM (the "License Period"), <br />and is subject 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 <br />shall be allowed. Any damage by Licensee to the Park shall be repaired to the <br />satisfaction of the County and at no cost to the County. The agreed upon access <br />route shall be inspected/videoed by County staff with the Licensee present, prior <br />to the equipment 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 <br />7:30 AM — 5:30 PM, construction noise, equipment vibration, etc) to the greatest <br />extent practical. Licensee shall provide 48 hour notice to the HOAs of the <br />adjacent residents and the County prior to commencing access activity through <br />County 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 />