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LICENSE AGREEMENT <br />This Agreement entered into on this —1 day of 2024, between Indian River <br />County (County), Martin B. Graf (Owner) and Sussan-Allen Construction (Contractor), (Owner and <br />Contractor shall be collectively referred to as "Licensee"), who are hereby authorized to temporarily <br />use the established beach access point at (Treasure Shores Beach Park) ("County Property") for the <br />limited purpose of locating certain heavy equipment onto the beach to perform construction <br />activities on the Owner's property. The terms of this agreement are in accordance with the Board <br />adopted policy "Private Use of County Property for Non -Emergency Coastal Construction Access," <br />and the requirements of the policy are hereby incorporated by reference. Use of the County Property <br />for this purpose is limited to December 9. 2024 (with a backup date of December 11 2 24) and <br />December 23, 2024 (with a backup date of December 29, 2024) between the hours of 7:00 am to <br />12:00 pm (the "License Period"), and is subject to the following terms and conditions: <br />1) Licensee shall pay a County Property use fee of $1000/day or $500/half day for the <br />License Period. <br />2) Contractor shall operate all equipment, or cause all equipment to be operated, in a safe <br />and prudent manner, adhering to all weight and traffic regulations (including but not <br />Limited to vehicle speed and engine breaking) on all roadways, and in accordance with <br />any measures deemed necessary for public safety by County staff. <br />3) Contractor shall (a) keep the gates to the County Property securely locked at all times <br />except when opened for the passage of Contractor's equipment, (b) manage in a timely <br />and efficient manner any traffic issues that arise as a result of the Licensee's use of the <br />County Property, and (c) prohibit any public vehicular or pedestrian use of the County <br />Property during Licensee's dune construction activities. Contractor shall post "Beach <br />Closed" signs at the County Property entrance during Licensee's construction activities. <br />4) Any sand needed to establish a "sand ramp" for equipment to access the beach, or to <br />perform the dune construction activities, shall be provided and installed by Contractor. <br />Material/sand used for a sand ramp shall be consistent with the Natural Resources <br />Department Coastal Engineering Division's "Indian River County — Beach Fill <br />Specifications" which shall be provided to the Licensee with this License Agreement prior <br />to execution. Any damage by Licensee to the County Property shall be repaired to the <br />satisfaction of the County and at no cost to the County within a reasonable amount of <br />time depending on the nature of the repair, but no later than 5 days after expiration of the <br />License agreement, unless otherwise agreed upon by County. The agreed upon access <br />route shall be inspected/videoed by County staff with the Licensee present, prior to the <br />equipment mobilization to the identified County Property. Any sand placed to create the <br />`ramp' is not to be removed, but to remain in place at the County Property and to be <br />smoothed out such as to create a natural dune slope (3:1 vertical to horizontal grade, <br />unless otherwise specified or approved by the Coastal Division). <br />