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HomeMy WebLinkAbout2021-038BWABASSO BEACH PARK LICENSE AGREEMENT Indian River County ("County") hereby authorizes Disney Vacation Development, Inc. and its affiliates, agents, representatives and contractors (collectively "Licensee") to use the established beach access point at Wabasso Beach Park ("Park") for the limited purpose of delivering beach material and accessing the beach with certain heavy equipment to perform a dune stabilization project on the Licensee's property. Use of the Park for this purpose is limited to five (5) days between March 15, 2021 and March 20, 2021 (including weekends) between the hours of 7:30 AM — -✓7:30 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. However, Licensee shall allow for parking in the Park parking lot for adjacent businesses to use for employee parking. 3) Any sand needed to establish a "sand ramp" for equipment to access the beach, or to perform the dune stabilization projects for the Licensee property 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 equipment mobilization to the identified Park. Sand materials used for the sand ramp shall be consistent with current County Sector 3, Phase I beach renourishment project requirements. 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 a residential neighborhood and Licensee's property. As such, Licensee shall minimize construction impacts to the adjacent residential community (i.e. work hours 7:30 AM — -57:30 PM, construction noise, equipment vibration, etc.) to the greatest extent practical. Licensee shall provide 48-hour notice to any affected adjacent residents and the County prior to commencing access activity through County property. Licensee shall provide variable message signs north, south and west of the Park entrance, beginning a minimum of seven days prior to Park closure and continuing through the end of the License Period, which indicates the dates of the Park closure. 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 as determined by the County. Licensee shall also indemnify and hold harmless the County, commissioners, 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: County's and Subcontractor's 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 with respect to all claims arising out of the operations or work to be performed. Commercial General (Public) Liability, other than Automobile $1,000,000.00 Combined single limit for Bodily Injury and Property Damage Commercial General A. Premises / Operations B. Independent Contractors C. Products / Completed Operations D. Personal Injury E. Contractual Liability F. Explosion, Collapse, and Underground Property Automobile $1,000,000.00 Combined single limit Bodily Injury and Damage Liability A. County Leased Automobiles B. Non -Owned Automobiles C. Hired Automobiles 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 (30) 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 VACATI N DEVELOPMENT, INC. Signed: Date: \ Printed Name and Title:�'� INDIAN RIVER COUNTY Signed: COUNTY Printed Name BY E NTY ATTORNEY GUETB-1 P ID: MK ACORO CERTIFICATE OF LIABILITY INSURANCE DATE 03//091202109/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 772-286-4334 CONTACT Margaret Kiess NAME Stuart Insurance, Inc. PHONE772-286-4334 FAX 772-286-9389 3070 S W Map p (A/C, No, Ext): (AIC, No): Palm City, FL 34990 AD RIE ; mkiess@stuartinsurance.net Joseph. Coons, CPCU. CIC. INSURERS AFFORDING COVERAGE NAIC # INSURERAMestfleid Insurance Co. 24112 NSUR D INSURER B: ( uett er Brothers Construction, LLC INSURER C P.O. Box 12271 Fort Pierce, FL 34979-2271 INSURER D: INSURER E : C01VFRAr.FC ('FRTIFIrATF AIIIMRFR• RF\/ICI(1 Al All IIuIQr: - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TP TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X TRA7630158 06/30/2020 06/30/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500,000 I E occurrence) $ X Contractual MED EXP (Any oneperson) $ 5'000 X INCLUDES XCU PERSONAL BADVINJURY_ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [ jpeT r] LOC I GENERAL AGGREGATE $ 2,000'000 I PRODUCTS -COMPIOPAGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT$ 1,000,000 (Ea accident)IR BODILY INJURY Per on $ ANY AUTO X X TRA7630158 06/30/2020 06/30/2021 OWNED X SCHEDULED AIURTEO�S ONLY AUUTNOSSVy� BODILY INJURY Per accident $ PPe0acEc'IRdent AMAGE $ p AUTOS ONLY X AUTOS OY Dedutibles $ 2,000 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE X X TRA7630158 06/30/2020 06/30/2021 DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN PEROTH- TER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / A E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project #210200 WALT DISNEY WORLD® Resort — Disney's Vero Beach Resort - Emergency Dune Stabilization f'FRTICIr ATC LIr11 nCD r•AAI(`CI I ATIl1rJ IRCBD-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Indian River County ACCORDANCE WITH THE POLICY PROVISIONS. 1800 27th Street AUTHORIZED REPRESENTATIVE Vero Beach, FL 32960 � e.�}vCc� F— . ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �c c�Ftt� CERTIFICATE OF LIABILITY INSURANCE Iik� DATE (MM/DD/YYYY) 03/09/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Todd George Bouchard Insurance for WBS - TG PO Box 6090 Clearwater, FL 33758-6090 PHONE FAX A/C No Xt E : (866) 293 3600 ext. 623 A/c No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Zurich -American Insurance Company 16535 INSURED INSURER B: Workforce Business Services, Inc. Alt. Ernp: Guettler Brothers Construction LLC 1401 Manatee Ave. West Ste 600 INSURER C INSURER D: Bradenton, FL 34205-6708 INSURER E INSURER F: PREM SEAS SEaENTED occurrence $ COVERAGES CERTIFICATE NUMBER:20FLO79902691 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD//YYYY MM/DDfYYYY LICY EXP LIMITS COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $DAMA CLAIMS-MADE FIOCCUR PREM SEAS SEaENTED occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑PRO ❑LOC JECT PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident HIREDNON-OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED9 N❑ (Mandatory in NH) NIA WC 90-00-818-10 12/31/2020 12/31/2021 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEd $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 Location Coverage Period: 12/31/2020 12/31/2021 Client# 050682 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Guettler Brothers Construction LLC Disney Emergency Dune Stabilization Coverage is provided for only those co -employees 4401 White Way Dairy Road of, but not subcontractors Fort Pierce, FL 34947 to: CERTIFICATE HOLDER CANCELLATION Indian River County Building Department 1800 27th Street Vero Beach, FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE REP QRESENTATIVE KS_161�� © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD