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2021-038B
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Last modified
4/12/2022 12:01:52 PM
Creation date
4/12/2022 11:53:19 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/16/2021
Control Number
2021-038B
Agenda Item Number
7.B.
Entity Name
Disney Vacation Development, Inc.
Subject
Granting beach access point at Wabasso Beach Park
from March 15, 2021 – March 20, 2021 for Dune Stabilization Projects
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WABASSO BEACH PARK LICENSE AGREEMENT <br />Indian River County ("County") hereby authorizes Disney Vacation Development, Inc. and <br />its affiliates, agents, representatives and contractors (collectively "Licensee") to use the <br />established beach access point at Wabasso Beach Park ("Park") for the limited purpose of <br />delivering beach material and accessing the beach with certain heavy equipment to perform <br />a dune stabilization project on the Licensee's property. Use of the Park for this purpose is <br />limited to five (5) days between March 15, 2021 and March 20, 2021 (including weekends) <br />between the hours of 7:30 AM — -✓7:30 PM (the "License Period"), and is subject to the <br />following terms and conditions: <br />1) Licensee shall operate all equipment, or cause all equipment to be operated, in a <br />safe and prudent manner, and in accordance with any measures deemed necessary <br />for public safety by County staff. <br />2) Licensee shall (a) keep the gates to the Park securely locked at all times except <br />when opened for the passage of Licensee's equipment, (b) manage in a timely and <br />efficient manner any traffic issues that arise as a result of Licensee's use of the <br />Park, and (c) prohibit any public vehicular or pedestrian use of the Park during <br />Licensee's dune stabilization activities. Licensee shall post "Beach Closed" signs <br />at the Park entrance during Licensee's dune stabilization activities. However, <br />Licensee shall allow for parking in the Park parking lot for adjacent businesses to <br />use for employee parking. <br />3) Any sand needed to establish a "sand ramp" for equipment to access the beach, or <br />to perform the dune stabilization projects for the Licensee property shall be <br />provided by Licensee. No use of existing sand from the Park or beach shall be <br />allowed. Any damage by Licensee to the Park shall be repaired to the satisfaction <br />of the County and at no cost to the County. The agreed upon access route shall be <br />inspected/videoed by County staff with the Licensee present, prior to equipment <br />mobilization to the identified Park. Sand materials used for the sand ramp shall be <br />consistent with current County Sector 3, Phase I beach renourishment project <br />requirements. <br />4) The County assumes no liability for loss of or damage to Licensee's equipment or <br />personal property staged or stored at the Park. Any such equipment or property <br />shall be staged or stored at the sole risk of Licensee. <br />5) The Park is located between a residential neighborhood and Licensee's property. <br />As such, Licensee shall minimize construction impacts to the adjacent residential <br />community (i.e. work hours 7:30 AM — -57:30 PM, construction noise, equipment <br />vibration, etc.) to the greatest extent practical. Licensee shall provide 48-hour <br />notice to any affected adjacent residents and the County prior to commencing <br />access activity through County property. Licensee shall provide variable message <br />
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