2023-049A - Laserfiche WebLink

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EMERGENCY BEACH PARK LICENSE AGREEMENT Indian River County ("County") hereby authorizes Martin B Graf and his agents, representatives and contractors (collectively "Licensee") to use the established beach access point at Treasure Shores Beach ("Park") for the limited purpose of locating certain heavy equipment onto the beach to perform emergency dune and beach access repairs on Licensee's property located at 101ru80 Highway AIA, Vero Beach, FL 32963 Use of the Park for this purpose is limited to between March 20, 2023 and , March 24, 2023 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 emergency dune and beach access repairs. Licensee shall post "Beach Closed" signs at the Park entrance during Licensee's dune and beach access repairs. 3) Any sand needed to establish a "sand ramp" for equipment to access the beach, or to perform the emergency dune and beach access repairs, 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 by County staff with the Licensee present, prior to the equipment mobilization to the identified Park. The Licensee shall restore any pavement striping, signage, vegetation (includes dune vegetation) and improvements that may have been damaged as a direct or indirect result of the Licensee's construction activities to an equal or better condition upon completion of the work under this Agreement and demobilization of equipment, facilities, vehicles and crew from the Park. 4) The County assumes no liability for loss of or damage to Licensee's equipment or personal property staged or stored at the Park. Any such equipment or property shall be staged or stored at the sole risk of Licensee. 5) Licensee shall minimize construction impacts on adjacent properties (i.e. work hours 7:30 AM — 5:30 PM, construction noise, equipment vibration, etc.). 6) Licensee shall indemnify the County for any damage to Park structures, roads, vegetation or other Park features or County property resulting from Licensee's performance of the dune and beach access repairs, or this License Agreement. Any such damage shall be repaired to the satisfaction of the County, or Licensee shall pay to