2/20/2017 3:36:36 PM
2/20/2017 3:28:12 PM
Official Document Type
Agenda Item Number
Marbrisa Homeowners Association
Seagrape Trail Beach Park
Dune Stabilization Projects
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SEAGRAPE TRAIL BEACH PARK LICENSE AGREEMENT <br />Indian River County ("County") hereby authorizes the Marbrisa Homeowners Association <br />and its affiliates, agents, representatives and contractors (collectively "Licensee") to use <br />the established beach access point at Seagrape Trail Beach Park ("Park") for the limited <br />purpose of delivering beach material and locating certain heavy equipment onto the beach to <br />perform dune stabilization projects for the nearby residential development. Use of the Park <br />for this purpose is limited to 27 days between February 2, 2017 and February 28, 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 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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