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HomeMy WebLinkAbout2017-006 WABASSO BEACH PARK LICENSE AGREEMENT Indian River County ("County") hereby authorizes Disney's Vero Beach Resort and its affiliates, agents, representatives and contractors (collectively "Licensee") to use the Beach Park Park for the limited purpose of established beach access point at Wabasso ("Park") delivering beach material and locating certain heavy equipment onto the beach to perform tion projects for the nearby residential development. Use of the Park for this dune stabiliza p � Y P purpose is limited to 14 days between January 16, 2017 and January 29, 2017 (including weekends)between the hours of 7:30 AM—5:30 PM(the"License Period"),and is subject to the following terms and conditions: 1) Licensee shall operate all equipment, or cause all equipment to be operated, in a safe and prudent manner, and in accordance with any measures deemed necessary for public safety by County staff. 2) Licensee shall (a) keep the gates to the Park securely locked at all times except when opened for the passage of Licensee's equipment, (b)manage in a timely and efficient manner any traffic issues that arise as a result of Licensee's use of the Park, and (c) prohibit any public vehicular or pedestrian use of the Park during Licensee's dune stabilization activities. Licensee shall post"Beach Closed" signs at the Park entrance during Licensee's dune stabilization activities. 3) Any sand needed to establish a"sand ramp" for equipment to access the beach, or to perform the dune stabilization projects for the nearby residential developments, shall be provided by Licensee. No use of existing sand from the Park or beach shall be allowed.Any damage by Licensee to the Park shall be repaired to the satisfaction of the County and at no cost to the County. The agreed upon access route shall be inspected/videoed by County staff with the Licensee present,prior to the equipment mobilization to the identified Beach Park. 4) The County assumes no liability for loss of or damage to Licensee's equipment or personal property staged or stored at the Park. Any such equipment or property shall be staged or stored at the sole risk of Licensee. 5) The Park is located between two residential communities. As such, Licensee shall minimize construction impacts to the residential communities(i.e.work hours 7:30 AM—5:30 PM, construction noise, equipment vibration, etc)to the greatest extent practical. Licensee shall provide 48 hour notice to the HOAs of the adjacent residents and the County prior to commencing access activity through County property. 6) Licensee shall indemnify the County for any damage to Park structures, roads, vegetation or other Park features or County property resulting from Licensee's performance of the dune stabilization projects, or this License Agreement. Any such damage shall be repaired to the satisfaction of the County, or Licensee shall pay to the County the reasonable cost to repair any such damage. Licensee shall also indemnify and hold harmless the County,and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Licensee and persons employed or utilized by the Licensee in the performance of the dune stabilization projects, or this License Agreement. 7) Licensee shall maintain, or cause to be maintained, during the License Period,the insurance policies and coverage limits set forth; Insurance: • Countys and Subcontractors Insurance: The Licensee shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County, nor shall the Licensee allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the Licensee's insurance. • Worker's Compensation Insurance: The Licensee shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Licensee shall provide adequate coverage for the protection of such employees. • Public Liability Insurance: The Licensee shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this insurance on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General Commercial General(Public) A. Premises 1 Operations Liability, other than Automobile B. Independent Contractors C. Products 1 Completed Operations $1,000,000.00 Combined single D. Personal Injury limit for Bodily Injury and Property E. Contractual Liability Damage F. Explosion, Collapse, and Underground Property Damage Automobile A. County Leased Automobiles $1,000,000.00 Combined single B. Non-Owned Automobiles limit Bodily Injury and Damage C. Hired Automobiles Liability D. Owned Automobiles • Proof of Insurance: The Licensee shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by the contractor must state that the County will be given thirty(3 0)days written notice prior to cancellation or material change in coverage.Copies of an endorsement-naming County as Additional Name Insured must accompany the Certificate of Insurance. 8) Insurance certificates attached hereto as Composite Exhibit A. 9) At the completion of Licensee's project or expiration of the license, whichever occurs first, Licensee shall return the Park to substantially the same condition as it was at the beginning of the lease,to the County's sole satisfaction. 10) Licensee shall perform its work in strict compliance with any permit issued for the project. If at any time Licensee does not adhere to the permit conditions or above conditions, the County may order the work to immediately cease until Licensee brings the project into compliance. Violation of permit conditions and/or the terms of this License Agreement may result in termination of the License Agreement by the County forthwith and at no cost to the County. LICENSEE DISNEY'S VERO BEACH RESORT Signed: Date: ao Printed Name and Title: COUNTY INDIAN RIVER COUNTY Signed: Date: / a3 Printed Name at oTitl J'Aso rj &owN utn fIi Mm in i s+n4a r APPROVED AS TO FQRkv% AMN - 4GA FICENCY BWIK.DEBRAAL DEPUTY COUNTY ATTORNEY