HomeMy WebLinkAbout2019-127AGREEMENT FOR ACCESS AND SAND RENOURISHMENT
TO SEXTON, INC. BEACH AREA
TVIS Agreement For Access and Sand Renourishment, Agreement) entered into
this 1iZ!day of July. 2019. by and between INDIAN RIVER COUNTY a political
subdivision of the State of Florida, ("County"), whose address is 1801 27th Street, Vero
Beach. FL 32960, and Sexton, Inc.. a Florida Corporation, ("Sexton") whose address is
P. O. Box 1208, Vero Beach, FL 32962.
WITNESSETH:
WHEREAS, Sexton owns the property located at 1050 Sexton Plaza, Vero
Beach, FL 32963, (the Property) depicted on the aerial photo attached as Exhibit "A
and
WHEREAS. the Property is the site of the Ocean Grill, a restaurant with
approximately 250 feet of beach frontage; and
WHEREAS, hurricanes Irma in 2017 and iiiPTtt1ti in 201',ir, together with
other un -named storms that passed by the eastern coast of Florida caused beach
erosion to the Property; and
WHEREAS, the County is in the process of completing a beach renourishment
project for the Sector 5 section of beach, which includes the Property, to replace and
replenish the sand that has eroded away from the Sector 5 beaches; and
WHEREAS, the erosion of the Property occurred underneath the restaurant and
the County or its agent will have to come on to the Property to replace the lost sand
around the pilings that support the restaurant: and
WHEREAS, the County is desirous of having a complete project without gaps
and needs to take special me6sures to replenish the sand under the Property: and
WHEREAS, Sexton is desirous of having the sand replenished under and upon
the Property in order to protect the restaurant from future storms; and
NOW THEREFORE, in consideration of the mutual covenants contained in this
Agreement. the County and Sexton agree as follows:
1. The above recitations are true and correct.
2. Sexton will permit the County, its agents and contractors to come onto the
Property for the purpose of surveying, measuring, staking, filling and grading
sand underneath the restaurant and on the beachfront of the Property (the
Construction).
1
The Construction shall take place from the date of this Agreement until the
completion of the Sector C) Beach Project, including any extensions thereof. This
agreement shall expire upon the completion of the Sector, Project however,
the County may come onto the Property with prior notice to Sexton for the limited
purpose of surveying the Property post Construction.
The County shall provide Sexton with 5 days' notice that it intends to come on
to the Property for the purpose of Construction. The County, or its agents. shall
be responsible for all Construction of the Sector project on the Property.
5. Construction shall be restricted to the hours between sun rise and sun set.
The County shall provide plans to Sexton prior to the commencement of
Construction.
7 To the extent allowed by Florida law, the County agrees to indemnify Sexton for
any personal injury or damages on the Property resulting solely from
Construction. The County's agents shall name Sexton as an additional insured
on all policies of insurance required under the Sector �-) Project and/or any
contracts the agents may enter into with the County.
8. The Construction of the project shall be in conformance with all applicable laws
and permits. The County may terminate this agreement if in its sole opinion, the
Construction poses a significant risk to the restaurant building or any existing
beach armoring or protection.
9. All notices and documents relating to this Agreement shall be provided as
follows:
To The County:
Indian River County
Attn: Public Works Director
1801 27th Street
Vero Beach. FL 32900
71--Tt vld v
COj,o`e
To Sexton:
Sexton, Inc.
Attn: !v'1 tWPSbrJ
P. 0. Box 1208
Vero Beach, FL 32962
IN WITNESS WHEREOF, this Agreement is executed by the duly authorized
representatives of the parties below.
Attest: SEXTON. INC.
r``
(printe.name)
Attest:
By.) Ci!
Jo M. Tripson, President
(Corporate Seal)
(printed name). 6 `4 d T i a r1 i i%
INDIAN RIVER COUNTY, FLORIDA ;.roti` irssid4TTEST:
BOARD OF COUNTY COMMISSIQ .''J sey R. Smith, Clerk of Court and
c)
i:
--Zes,.-6 nam _*•: !t ,
Bob Solari, Chairman ;2 ;` 'i A �/✓ to/A0
•`,�R;�t •'co -'y Deputy Clerk
Approved by BCC August 13, 2019
Approved:
Jason ' own
Count ministrator
Approved as to Form
and Legal Sufficiency:
t2iiiko
illiam K. DeBraal
Deputy County Attorney
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Indian River County, Florida Property Appraiser
ParcelID
32403200006019000001.3
OwnerName
PropertyAddress
SEXTON INC 1050 SEXTON PLAZA VERO BEACH, FL 32963
Notes
http://www.ircpa.org/PrintMap.aspx 7/8/2019