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AGREEMENT FOR ACCESS AND SAND RENOURISHMENT TO SEXTON, INC. BEACH AREA TVIS Agreement For Access and Sand Renourishment, Agreement) entered into this 1iZ!day of July. 2019. by and between INDIAN RIVER COUNTY a political subdivision of the State of Florida, ("County"), whose address is 1801 27th Street, Vero Beach. FL 32960, and Sexton, Inc.. a Florida Corporation, ("Sexton") whose address is P. O. Box 1208, Vero Beach, FL 32962. WITNESSETH: WHEREAS, Sexton owns the property located at 1050 Sexton Plaza, Vero Beach, FL 32963, (the Property) depicted on the aerial photo attached as Exhibit "A and WHEREAS. the Property is the site of the Ocean Grill, a restaurant with approximately 250 feet of beach frontage; and WHEREAS, hurricanes Irma in 2017 and iiiPTtt1ti in 201',ir, together with other un -named storms that passed by the eastern coast of Florida caused beach erosion to the Property; and WHEREAS, the County is in the process of completing a beach renourishment project for the Sector 5 section of beach, which includes the Property, to replace and replenish the sand that has eroded away from the Sector 5 beaches; and WHEREAS, the erosion of the Property occurred underneath the restaurant and the County or its agent will have to come on to the Property to replace the lost sand around the pilings that support the restaurant: and WHEREAS, the County is desirous of having a complete project without gaps and needs to take special me6sures to replenish the sand under the Property: and WHEREAS, Sexton is desirous of having the sand replenished under and upon the Property in order to protect the restaurant from future storms; and NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement. the County and Sexton agree as follows: 1. The above recitations are true and correct. 2. Sexton will permit the County, its agents and contractors to come onto the Property for the purpose of surveying, measuring, staking, filling and grading sand underneath the restaurant and on the beachfront of the Property (the Construction). 1