HomeMy WebLinkAbout2010-250 AGREEMENT FOR ACCESS TO WABASSO BEACH PARK
THIS Agreement For Access , entered into this 3 day of November , 2010 , by
and between INDIAN RIVER COUNTY a political subdivision of the State of Florida ,
(" County" ) , whose address is 1801 27t" Street , Vero Beach , FL 32960 , and Disney
Vacation Development , Inc . and Walt Disney Parks and Resorts U . S . , Inc . ( successor
by merger to Walt Disney World Hospitality & Recreation Corporation ( collectively
" Disney" ) whose address is 1375 Buena Vista Drive , Lake Buena Vista , FL 34747
WITNESSETH :
WHEREAS , the County owns and operates Wabasso Beach Park , which is
located east of the intersection of State Road A- 1 -A and County Road 510 ; and
WHEREAS , Disney owns and operates the Vero Beach Disney Resort and
Vacation Club , located at 9250 Island Grove Terrace , Vero Beach , FL 32963 which
abuts Wabasso Beach Park to the north , and
WHEREAS , in early 2010 , the County replenished sand that had eroded away
from Disney ' s beach ; and
WHEREAS , the various storms that passed by the eastern coast of Florida
during the 2010 hurricane season caused beach erosion , especially to the Disney
property ; and
WHEREAS , the erosion caused the formation of an escarpment along Disney ' s
beach , resulting in a steep six foot embankment of sand at the end of Disney ' s beach
access boardwalk ; and
WHEREAS , because of the steepness of the sand embankment , it is difficult for
some guests at Disney to safely access the beach ; and
WHEREAS , due to the complexities involving permitting and construction
seaward of the dune line , Disney is not able to remedy their beach access problem ; and
WHEREAS , Disney has approached the County about creating and constructing
a temporary entrance point into Wabasso Beach Park .
NOW THEREFORE , in consideration of the mutual covenants contained in this
Agreement , the County and Disney agree as follows :
1 . The above recitations are true and correct .
2 . The County will permit Disney to construct an access point to Wabasso
Beach Park at the location indicated on Exhibit A attached and incorporated
herein .
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3 . The access point shall be available only to pedestrians who are guests or
visitors to the Disney property .
4 . Disney , or its agents , shall be responsible for all construction and
maintenance of the pedestrian access path , which the parties believe will
consist of the following :
• A mulch path leading through the fence from the Disney property to
a place near the southern most picnic gazebo at Wabasso Beach
Park . At a later date , the mulch may be replaced with a boardwalk
or pavers , at Disney ' s option and expense .
• A gate would be installed in the fence that would be secured with
either a lock or a swipe card operated lock .
• Use of the access would be restricted to the hours between sun
rise and sun set , which are the hours of operation for Wabasso
Beach Park . A sign . providing this information will be posted on the
gate .
• Disney would be responsible for all construction and maintenance
on the path and gate and would replace any landscaping that may
need to be removed as a result of constructing the path .
• The County shall approve all plans prior to the commencement of
construction .
5 . To the extent allowed by Florida law , Disney agrees to indemnify the County
for any personal injury or damages resulting solely from the use of the path by
Disney' s guests or visitors .
6 . Use of the path and park by Disney and its guests and visitors shall be in
compliance with all applicable laws and permits . The County may terminate
this agreement if in its sole opinion , the path , gate and park are used contrary
to the terms of this agreement , the County Code of Ordinances or applicable
State laws .
7 . This agreement shall expire when Disney has repaired its boardwalk access
to the beach on its own property .
8 . All notices and documents relating to this Agreement shall be provided
as follows :
To The County : To Disney : With a copy to :
Public Works Director Disney Vero Beach Resort Wait Disney Resort
1801 27th Street General Manager Legal Department
Vero Beach , FL 32960 9250 Island Grove Terrace 1375 Buena Vista Drive
Vero Beach , FL 32963 Lake Buena Vista , FL 34747
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Disney Vacation Development , Inc . and Walt Disney Parks and Resorts U . S . , Inc .
( successor by merger to Walt Disney World Hospitality & Recreation Corporation
IN WITNESS WHEREOF , this Agreement is executed by the duly authorized
representatives of the parties below .
Attest : DISNEY VACATION DEVELOPMENT , INC .
C�A(X04� & 414 4x,(. By : 4^�56 ��
(printed name) ✓� OL L ' e A - �Wcturr Jo cGowan , Secretary
( Corporate Seal )
WALT DISNEY PARKS & RESORTS , US , INC
successor by merger to WALT DISNEY
Attest : WORLD HOSPITALITY &
RECREATIO CORPORA ION
_ �✓l By
(printed name)' 4A 4. t ss Cr . A - 4Veaor Lee Schmudde , Vice President
(Ccrporate Seal )
Attest : J . K . arton , Clerk INDIAN RIVER COUNTY , FLORIDA
Board of County Commissioners
B
eputy Clerk By :
�-� Jose . Baird , County Administrator
Date Approved
Approved as to form and
legal sufficiency :
illiam K . DeBraal
Deputy County Attorney
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