Laserfiche WebLink
a) Town shall operate all equipment, or cause all equipment to be operated, in a safe and <br />prudent manner, and in accordance with any measures deemed necessary for public <br />safety by County staff. <br />b) When Town is utilizing the Park for dune restoration activities and County officials or <br />staff are not present performing dune restoration activities, Town shall (1) keep the gates <br />to the Park securely locked at all times except when opened for the passage of Town's <br />equipment, (2) manage in a timely and efficient manner any traffic issues that arise as <br />a result of Town's use of the Park, and (3) prohibit any public vehicular or pedestrian <br />use of the Park during Town's dune restoration activities. Town shall post "Beach <br />Closed" signs at the Park entrance during Town's dune restoration activities. <br />c) To the extent the County is not utilizing the Park for dune restoration activities, Town <br />shall provide any sand needed to establish a "sand ramp" for equipment to access the <br />beach by Town while Town is utilizing the Park for dune restoration activities, or for <br />Town to perform the beach restoration activities. No use of existing sand from the Park <br />or beach shall be allowed. Any damage by Town to the Park shall be repaired to the <br />satisfaction of the County and at no cost to the County. The agreed upon access route <br />shall be inspected/videoed by County staff with the Town present, prior to the equipment <br />mobilization to the Park. The Town shall restore any pavement striping, signage, <br />vegetation (includes dune vegetation), and improvements that may have been damaged <br />as a direct or indirect result of the Town's construction activities to an equal or better <br />condition upon completion of the work and demobilization of equipment, facilities, <br />vehicles, and crew from the work area. <br />d) The County assumes no liability for loss of or damage to Town's equipment or personal <br />property staged or stored at the Park. Any such equipment or property shall be staged <br />or stored at the sole risk of Town. <br />e) Between the northern boundary of the Town and the Park there is located a residential <br />community. As such, to the extent the County is not utilizing the Park for dune restoration <br />activities, Town shall minimize construction impacts to the residential community (i.e. <br />work hours 7:30 AM — 5:30 PM, construction noise, equipment vibration, etc.) to the <br />greatest extent practical. Town shall provide notice to the homeowners' association of <br />the adjacent residential community or to the property owners directly prior to <br />commencing access activity through the Park whenever practicable. County shall be <br />provided a copy of the notice to the homeowner's association or property owners upon <br />request. <br />f) Town shall indemnify the County for any damage to Park structures, roads, vegetation <br />or other Park features or County property resulting from Town's performance of the dune <br />restoration activities, or this Agreement. Any such damage shall be repaired to the <br />satisfaction of the County, or Town shall pay to the County the reasonable cost to repair <br />any such damage. Town shall also indemnify and hold harmless the County, and its <br />officers and employees, from liabilities, damages, losses and costs, including, but not <br />limited to, reasonable attorney's fees, to the extent caused by the negligence, <br />recklessness, or intentional wrongful misconduct of the Town and persons employed or <br />utilized by the Town in the performance of the dune restoration activities, or this <br />Agreement. <br />F, <br />