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2024-067
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Last modified
1/6/2025 12:44:55 PM
Creation date
1/6/2025 12:42:34 PM
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Resolutions
Resolution Number
2024-067
Approved Date
11/05/2024
Agenda Item Number
12.E.
Resolution Type
Establishing a Fee Schedule
Entity Name
Indian River County Natural Resources Department
Subject
Emergency Coastal Construction, Establishing fee schedule for private use of county property for
non-emergency and emergency coastal construction access
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removed by the Contractor as part of Site Restoration, except for the sand used for the <br />`ramp'. If the Contractor employs mats that break up under service loads during <br />construction, the Contractor shall (a) remove all pieces of the broken mats, and (b) <br />replace the broken mats. <br />6) The Contractor shall restore any pavement striping, signage, vegetation (including dune <br />vegetation), and County Property improvements that may have been damaged as a direct <br />or indirect result of the construction activities to an equal or better condition upon <br />completion of the work underthis Agreement and demobilization of equipment, facilities, <br />vehicles and crew from the County Property. These activities must be deemed complete <br />and acceptable by County Staff prior to release of Licensee from Agreement <br />requirements. <br />7) The County assumes no liability for loss of or damage to Contractor's equipment or <br />personal property staged or stored at the County Property. Any such equipment or <br />property shall be staged or stored at the sole risk of Contractor. All equipment shall be <br />stored west of the vegetated dune line and shall be removed from the County Property <br />prior to the expiration of the license period. <br />8) Contractor shall minimize construction impacts to residential communities in proximity <br />to the worksite (i.e. work hours 7:30 AM to 5:30 PM, construction noise, equipment <br />vibration, dump truck tailgate slamming, etc.). <br />9) Both Owner and Contractor, as Licensee, shall indemnify the County for any damage to <br />County Property structures, roads, vegetation, or other County Property features <br />resulting from the performance of the dune construction activities, or this Licensee <br />Agreement. Any such damage shall be repaired to the satisfaction of the County, or <br />Licensee shall pay the County the reasonable cost to repair any such damage as <br />determined by the County. Licensee shall also indemnify and hold harmless the County, <br />Commissioners, and its officers and employees, from liabilities, damages, losses and <br />costs, including, but not limited to, reasonable attorney's fees, to the extent caused <br />directly or indirectly by the negligence, recklessness, or intentional wrongful misconduct <br />of the Licensee and persons employed or utilized by the Licensee in the performance of <br />the dune and beach access repairs, or this License Agreement. Licensee's obligation to <br />indemnify and hold harmless under this Agreement will survive the expiration or earlier <br />termination of this Agreement until it is determined by final judgment that an action <br />against the County for the matter indemnified hereunder is fully and finally barred by the <br />applicable statute of limitations. <br />10) Contractor shall post a $10,000 construction bond with the County prior to starting the <br />project, which shalt be returned to Contractor upon satisfactory completion of the <br />project and the restoration of County Property. If Licensee fails to complete the project or <br />fully restore County Property, County shall be entitled to complete the project and <br />restoration, which shall be funded from the bond proceeds. In the event the bond <br />proceeds are not adequate, Licensee shall be fully responsible for the amount to finish <br />the project and/or restore the County Property. <br />
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