2008-359 - Laserfiche WebLink

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NOW THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County, Marbrisa, and Baytree agree as follows: 1. The background recitals are true and correct and form a material part of this Agreement. 2. The County, in accordance with this Agreement, shall competitively bid, award, and supervise the construction of the Dune Project, using the technical specifications provided by the coastal engineering firm retained by Baytree and Marbrisa. 3. Baytree, Marbrisa, and the County each acknowledge. and agree that the Dune Project includes: i) mobilization; ii) demobilization; iii) dune restoration; iv) beach tilling; v) daily labor costs in connection with weight ticket collection; and vi) restoration of the Seagrape Trail beach access back to pre -construction conditions, including, but not limited to, the expenses associated with any restoration of vegetation and damages to the parking lot incurred in connection with the Dune Project that are not repaired by the contractor for the Dune Project. The estimated cost of the Dune Project is $351,806 Baytree and Marbrisa agree to fund the County share equally and their respective shares of the costs of the Dune Project are based on prorated shoreline foot frontage as follows: Baytree's share is estimated to be $104,583.50 and Marbrisa's share is estimated to be $71,319.50. If the actual costs of the Dune Project, while under construction, approach the foregoing estimates, County staff along with the engineer retained by Baytree and Marbrisa, will discuss construction alternatives to reduce project costs. Baytree and Marbrisa agree that any reduction/addition to the prorated shares shall be adjusted based upon the following calculation of each entity's shoreline foot frontage: 1200 ft. for Baytree and 800 ft. for Marbrisa. 4. Baytree and Marbrisa shall be responsible for conducting any biological or physical monitoring of the Dune Project required under FDEP permit No. IR -806 5. On or before January 15, 2009 Baytree and Marbrisa shall each tender a check payable to the Indian River County Board of County Commissioners (in the amounts of $104,583.50 from Baytree and $71,319.50 from Marbrisa) for the County to deposit into a separate account of the Indian River County Board of County Commissioners for the Dune Project. The parties acknowledge and agree that the aggregate amount of $351,806 is an estimate of the Dune Project costs. In the event the Dune Project costs exceed $351,806, the County shall promptly notify Baytree and Marbrisa and each shall tender a check payable to the Indian River County Board of County Commissioners in an amount sufficient to cover the additional costs within 10 business days. In the event the total Dune Project costs are less than $351,806, the County shall refund the difference to Baytree and Marbrisa following final payment to the contractor for the Dune Project. 6. Baytree and Marbrisa each acknowledge and agree that they shall each grant to the County an access easement, in substantially the form set forth on Exhibit B attached hereto and by this reference made a part hereof for purposes of the Dune Project. P�