2024-227 - Laserfiche WebLink

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NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the County and Mr. Tully agree as follows: The above recitations are true and correct. Mr. Tully will permit the County, its agents and contractors to come onto the Property for the purpose of access to the beach for the Sector 4 Hurricanes fan and Nicole Dune Renourishment Project. 3. Mr. Tully shall permit the following types of activity ("Construction") on the Property to wit: storage of and access through the Property for heavy equipment such as trucks, graders, track hoes, bull dozers, pipes, sand and any other type of equipment needed to complete the Construction. 4. The term of this Agreement shall begin on October 16, 2024, and end on May 1, 2026. 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. 5. Following the expiration of this Agreement, the County may come onto the Property with prior notice to Mr. Tully for the limited purpose of inspecting, repairing or replacing the restoration done to the Property as described in Paragraph nine. 6. The County shall provide Mr. Tully with 20 (twenty) days' notice that it intends to come onto the Property for the purpose of Construction. The County, or its agents, shall be responsible for all Construction of the Sector 4 project on the Property. 7. Construction shall be restricted to the hours between one hour prior to sunrise and one hour after sunset. 8. If requested, the County shall provide plans to Mr. Tully prior to the commencement of Construction. 9. The County shall photograph and/or video the condition of the Property prior to the commencement of the Project. At the conclusion of the Project and required by the construction permits the County shall return the Property to the same condition as it was at the beginning of the Project, normal and natural wear and tear excepted. The Brazilian pepper trees (Schinus terebinthifolia) shall be removed from the property. The sea grapes (Coccoloba uvifera)shall be trimmed following the guidelines provided by the Florida Department of Environmental Protection. 10. To the extent allowed by Florida law, the County agrees to indemnify Mr. Tully for any personal injury or damages on the Property resulting solely from Construction. The County's agents shall name Mr. Tully 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