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2008-359
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2008-359
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Last modified
4/18/2016 12:26:25 PM
Creation date
10/1/2015 1:05:04 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/04/2008
Control Number
2008-359
Agenda Item Number
8.AA
Entity Name
Marbrisa Homeowners Association Baytree Condominium Assoc.
Subject
Beach Dune Restoration Agreement
Tropical Storm Noel
Area
Wabasso Beach, Baytree, & Marbrisa Development Sea Grape Trail
Supplemental fields
SmeadsoftID
8051
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NOW THEREFORE , in consideration of the mutual covenants and promises herein <br /> contained and other good and valuable consideration , and intending to be legally bound , the <br /> County , Marbrisa , and Baytree agree as follows : <br /> 1 . The background recitals are true and correct and form a material part of this <br /> Agreement . <br /> 2 . The County, in accordance with this Agreement, shall competitively bid , award , <br /> and supervise the construction of the Dune Project , using the technical specifications <br /> provided by the coastal engineering firm retained by Baytree and Marbrisa . <br /> 3 . Baytree , Marbrisa , and the County each acknowledge . and agree that the Dune <br /> Project includes : i ) mobilization ; ii ) demobilization ; iii ) dune restoration ; iv ) beach tilling ; v ) <br /> daily labor costs in connection with weight ticket collection ; and vi ) restoration of the <br /> Seagrape Trail beach access back to pre-construction conditions , including , but not limited to , <br /> the expenses associated with any restoration of vegetation and damages to the parking lot <br /> incurred in connection with the Dune Project that are not repaired by the contractor for the <br /> Dune Project . The estimated cost of the Dune Project is $ 351 , 806 Baytree and Marbrisa <br /> agree to fund the County share equally and their respective shares of the costs of the Dune <br /> Project are based on prorated shoreline foot frontage as follows : Baytree ' s share is <br /> estimated to be $ 104 , 583 . 50 and Marbrisa ' s share is estimated to be $ 71 , 319 . 50 . If the <br /> actual costs of the Dune Project , while under construction , approach the foregoing estimates , <br /> County staff along with the engineer retained by Baytree and Marbrisa , will discuss <br /> construction alternatives to reduce project costs . Baytree and Marbrisa agree that any <br /> reduction/addition to the prorated shares shall be adjusted based upon the following <br /> calculation of each entity' s shoreline foot frontage : 1200 ft . for Baytree and 800 ft . for <br /> Marbrisa . <br /> 4 . Baytree and Marbrisa shall be responsible for conducting any biological or physical <br /> monitoring of the Dune Project required under FDEP permit No . IR-806 <br /> 5 . On or before January 15 , 2009 Baytree and Marbrisa shall each tender a check <br /> payable to the Indian River County Board of County Commissioners ( in the amounts of <br /> $ 104 , 583 . 50 from Baytree and $ 71 , 319 . 50 from Marbrisa ) for the County to deposit into a <br /> separate account of the Indian River County Board of County Commissioners for the Dune <br /> Project . The parties acknowledge and agree that the aggregate amount of $ 351 , 806 is an <br /> estimate of the Dune Project costs . In the event the Dune Project costs exceed $ 351 , 806 , the <br /> County shall promptly notify Baytree and Marbrisa and each shall tender a check payable to <br /> the Indian River County Board of County Commissioners in an amount sufficient to cover the <br /> additional costs within 10 business days . In the event the total Dune Project costs are less <br /> than $351 , 806 , the County shall refund the difference to Baytree and Marbrisa following final <br /> payment to the contractor for the Dune Project . <br /> 6 . Baytree and Marbrisa each acknowledge and agree that they shall each grant to <br /> the County an access easement , in substantially the form set forth on Exhibit B attached <br /> hereto and by this reference made a part hereof for purposes of the Dune Project . <br /> 2 <br />
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