2021-038A - Laserfiche WebLink

Home Browse Search

SEAGRAPE TRAIL BEACH PARK LICENSE AGREEMENT Indian River County ("County") hereby authorizes Baytree Condominium Association, Inc. and its affiliates, agents, representatives and contractors (collectively "Licensee") to use the established beach access point at Seagrape Trail Park ("Park") for the limited purpose of delivering beach material and accessing the beach with certain heavy equipment to perform dune stabilization projects for Licensee's property. Use of the Park for this purpose is limited to five (5) days between March 15, 2021 and March 19, 2021 between the hours of 7:30 AM — 5:30 PM (the "License Period"), and is subject to the following terms and conditions: 1) Licensee shall operate all equipment, or cause all equipment to be operated, in a safe and prudent manner, and in accordance with any measures deemed necessary for public safety by County staff. 2) Licensee shall (a) keep the gates to the Park securely locked at all times except when opened for the passage of Licensee's equipment, (b) manage in a timely and efficient manner any traffic issues that arise as a result of Licensee's use of the Park, and (c) prohibit any public vehicular or pedestrian use of the Park during Licensee's dune stabilization activities. Licensee shall post "Beach Closed" signs at the Park entrance during Licensee's activities. 3) Any sand needed to establish a "sand ramp" for equipment to access the beach, or to perform the dune stabilization projects for the nearby residential developments, shall be provided by Licensee. No use of existing sand from the Park or beach shall be allowed. Any damage by Licensee to the Park shall be repaired to the satisfaction of the County and at no cost to the County. The agreed upon access route shall be inspected/videoed by County staff with the Licensee present, prior to equipment mobilization to the identified Beach Park. Upon completion of the project and prior to de -mobilizing the licensee shall configure the "sand ramp" to the meet the profile of the County's prescribed dune profile for Seagrape Trail. 4) Licensee shall plant County approved dune material once the dune is reconfigured to meet the County's prescribed dune profile. The materials and the method of planting such materials shall be reviewed and approved by the County prior to installation. 5) Licensee shall maintain 100% survival for an establishment period of fourteen (14) days after planting during the maintenance period. Licensee shall be responsible for all costs associated with dune plant replacement for a warranty period of 90 days. During this warranty period, the planting areas must maintain a minimum survival rate of 90% of all planting units installed. Failure to ensure the survivability of planting during the 90 -day warranty period will be a consideration for approval of any future request for access to perform maintenance projects.