HomeMy WebLinkAbout2023-049AEMERGENCY BEACH PARK LICENSE AGREEMENT
Indian River County ("County") hereby authorizes Martin B Graf and his agents,
representatives and contractors (collectively "Licensee") to use the established beach access point
at Treasure Shores Beach ("Park") for the limited purpose of locating certain heavy
equipment onto the beach to perform emergency dune and beach access repairs on Licensee's
property located at 101ru80 Highway AIA, Vero Beach, FL 32963 Use of the Park for this
purpose is limited to between March 20, 2023 and , March 24, 2023 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
emergency dune and beach access repairs. Licensee shall post "Beach Closed" signs
at the Park entrance during Licensee's dune and beach access repairs.
3) Any sand needed to establish a "sand ramp" for equipment to access the beach, or to
perform the emergency dune and beach access repairs, 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 by County staff with the
Licensee present, prior to the equipment mobilization to the identified Park. The
Licensee shall restore any pavement striping, signage, vegetation (includes dune
vegetation) and improvements that may have been damaged as a direct or indirect result
of the Licensee's construction activities to an equal or better condition upon completion
of the work under this Agreement and demobilization of equipment, facilities, vehicles
and crew from the 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) Licensee shall minimize construction impacts on adjacent properties (i.e. work hours
7:30 AM — 5:30 PM, construction noise, equipment vibration, etc.).
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 and beach access repairs, 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 and beach access repairs, 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:
• Licensee'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
General
A. Premises / Operations
B. Independent Contractors
C. Products / Completed Operations
D. Personal Injury
E Contractual Liabilih
F. Explosion, Collapse, and Underground Property
AIltO[nOhfiC A. County Leased Automobiles
51,000,000.00 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 (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
REFERENCE EMERGENCY PERMIT:Nicole-IR063
NAME, ADDRESS, EMAIL of Permit Holder
Martin B Graf
109880 Highway A1A,
Vero Beach, FL 32963
martin b.graf@gmail.com
Signed:_ -,;Z 3
Date
Print Name://%I k KT N
Title: D .-, u a y -
INDIAN RIVER COUNTY, FL
IRC Natural Resources Manager
IRC Public Works Director
�j IRC Risk Manager
VV IRC Attorney
P and Rbbreation Director Date