2024-226 - Laserfiche WebLink

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NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the County and Town agree as follows: The above recitations are true and correct. 2. The Town will permit the County, its agents and contractors to come onto Beachcomber Lane for the purpose of access to the beach and the construction of the Sector 4 Hurricanes Ian and Nicole Dune Renourishment Project (Project). 3. The term of this Agreement shall begin on October 15, 2024, and end on May 1, 2025. However, the Project is dependent on review and acceptance of bids received along with funding availability. As such, the Project may be reduced or eliminated if deemed not feasible by the County. County shall have until October 14, 2024, to cancel this Agreement should the Project be deemed not feasible. 4. The Town shall permit the following types of activity ("Construction") on the Property to wit: storage of and access through Beachcomber Lane for heavy equipment such as trucks, graders, track hoes, bull dozers, pipes, sand and any other type of equipment needed to complete construction of the Project. 5. The County, its agents and contractors 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 the Town. 6. The County its agents and contractors shall manage in a timely and efficient manner any traffic issues that arise as a result of County's use of Beachcomber Lane, and coordinate with the Town to prohibit any public use of the dune crossover during the Project. 7. The Town assumes no liability for loss of or damage to the equipment or personal property staged or stored within Beachcomber Lane. Any such equipment or property shall be staged or stored at the sole risk of the County, its agents and contractors. 8. The Park is located in a residential neighborhood. As such, the County, its agents and contractors shall minimize construction impacts to the adjacent residential community (i.e. work hours consistent with Town ordinance, construction noise, equipment vibration, etc.) to the greatest extent practical. 9. Construction activities shall be restricted to the hours between one hour prior to sunrise and one hour after sunset. 10. To the extent allowed by Florida law, the County agrees to indemnify the Town for any personal injury or damages on the Property resulting solely from Construction. The County's agents shall name the Town as an additional insured on all policies of insurance required under the Sector 4 Project and/or any contracts the agents may enter into with the County. 2