HomeMy WebLinkAbout2024-227AGREEMENT FOR ACCESS AND SAND RENOURISHMENT
FOR THE SECTOR 4 BEACH AREA
THIS Agreement For Access and Sand Renourishment a d relatqd activities for
Sector 4 Beach Area, (Agreement) entered into this L s day of �_r�.� 20Z1/ by and
between INDIAN RIVER COUNTY a political subdivision of thb State of Florida,
("County"), whose address is 1801 27th Street, Vero Beach, FL 32960, and John M. Tully,
as Owner ("Mr. Tully") whose address is 1100 Beach Road 1K, Vero Beach, FL 32963.
WITNESSETH:
WHEREAS, hurricanes Ian and Nicole in 2022, together with other un -named
storms that passed by the eastern coast of Florida caused significant beach erosion to
Indian River County beaches; and
WHEREAS, one of the areas most affected by the erosion is Sector 4, a 2.9 mile
stretch of beach, that runs from Johns Island subdivision to the north to the Mariner Village
subdivision to the south; and
WHEREAS, the County has submitted plans and has been issued construction
permits to renourish and replenish the sand to the beach and dune along the Sector 4
beach ("Project") and is anticipating the Project to begin in fall of 2024 and conclude in
the spring of 2025; and
WHEREAS, in order to make the Project constructible, the County must find and
use several beachfront locations for access to the Sector 4 beach within or near the
boundaries of Sector 4; and
WHEREAS, Mr. Tully owns the property located at 1 Sea Court, Vero Beach, FL
32963, (the Property) depicted on the aerial photo attached as Exhibit "A"; and
WHEREAS, the Property is more particularly described as the RePlat of Lot 1
Johns Island Plat 43 as recorded in Plat Book 13, Page 93, Public Records of Indian River
County; and
WHEREAS, the 0.9 -acre Property contains approximately 125 feet of beach
frontage and lies on Sea Court, a private street; and
WHEREAS, the Property is located within boundary of Sector 4; and
WHEREAS, the County has a Beach Restoration Easement for the Property
recorded in Book 3686, Page 1330, Public Records of Indian River County, attached as
Exhibit "B"; and
WHEREAS, the Property is included as permitted construction access by the
Florida Department of Environmental Protection construction permit, along with two other
permitted construction accesses located in and near the Project Area, Beachcomber Lan
and Turtle Trail Beach Access.
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NOW THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the County and Mr. Tully agree as follows:
The above recitations are true and correct.
Mr. Tully will permit the County, its agents and contractors to come onto the
Property for the purpose of access to the beach for the Sector 4 Hurricanes fan
and Nicole Dune Renourishment Project.
3. Mr. Tully shall permit the following types of activity ("Construction") on the Property
to wit: storage of and access through the Property for heavy equipment such as
trucks, graders, track hoes, bull dozers, pipes, sand and any other type of
equipment needed to complete the Construction.
4. The term of this Agreement shall begin on October 16, 2024, and end on May 1,
2026. However, the Project is dependent on review and acceptance of bids
received along with funding availability. As such, the Project may be reduced or
eliminated if deemed not feasible by the County. County shall have until October
14, 2024, to cancel this Agreement should the Project be deemed not feasible.
5. Following the expiration of this Agreement, the County may come onto the
Property with prior notice to Mr. Tully for the limited purpose of inspecting, repairing
or replacing the restoration done to the Property as described in Paragraph nine.
6. The County shall provide Mr. Tully with 20 (twenty) days' notice that it intends to
come onto the Property for the purpose of Construction. The County, or its agents,
shall be responsible for all Construction of the Sector 4 project on the Property.
7. Construction shall be restricted to the hours between one hour prior to sunrise and
one hour after sunset.
8. If requested, the County shall provide plans to Mr. Tully prior to the
commencement of Construction.
9. The County shall photograph and/or video the condition of the Property prior to the
commencement of the Project. At the conclusion of the Project and required by
the construction permits the County shall return the Property to the same condition
as it was at the beginning of the Project, normal and natural wear and tear
excepted. The Brazilian pepper trees (Schinus terebinthifolia) shall be removed
from the property. The sea grapes (Coccoloba uvifera)shall be trimmed following
the guidelines provided by the Florida Department of Environmental Protection.
10. To the extent allowed by Florida law, the County agrees to indemnify Mr. Tully for
any personal injury or damages on the Property resulting solely from Construction.
The County's agents shall name Mr. Tully as an additional insured on all policies
of insurance required under the Sector 4 Project and/or any contracts the agents
may enter into with the County.
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11. The Construction of the project shall be in conformance with all applicable laws,
rules and permits acquired by the County.
12. The County may terminate this agreement if in its sole opinion, the Construction or
related activities cannot commence or be completed within construction permit
conditions.
13. All notices and documents relating to this Agreement shall be provided as
follows:
To The County:
To Trustee:
Indian River County
Attn: Natural Resources Director Mr. John Tully
1801 271h Street 1100 Beach Road 1 K,
Vero Beach, FL 32960 Vero Beach FL 32963
14. The Agreement is conditioned on the approval of the Indian River County Board of
County Commissioners.
3
IN WITNESS WHEREOF, this Agreement is executed by the duly authorized
representatives of the parties below.
Attest: John M. Tully
By:
(pnnted na4)--dt John M. Tully
Attest:
(pnnted name) L,o„ •.j /'/� �, ,,•�
INDIAN RIVER COUNTY, FLOR[MA't,•5s'S;3,--..` ATTEST:
OF COUNTY M .. NE� •.. s, -Ryan L. Butler, Clerk of Court and
t r .Comptroller
Su n Adams, Chairman, : Q`$y: Y- Yr1
Deputy Clerk
Approved by BCC September'
ApproJed:
hn A. Ti anich Jr.
County Administrator
Approved as to Form
and Legal Sufficiency:
William K. DeBri
County Attomey
4
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EXHIBIT "B"
Beach Restoration Easement
Dated Janurary 4th, 2024
312020014208 RECORDED IN THE RECORDS OF RYAN L. DU'L'LER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL
DK: 3686 PG: 1330,3127/24124 1:19 PM
This document was prepared by
And should be returned to
The County Attorney's Office
1801 271a Street
Vero Beach, Flonda 32960
BEACH RESTORATION EASEMENT
in accordance with the Indian River County Beach Restoration Plan
Thi BEACH REISTORATION EASEMENT ("Easement"), made and executed this
day of , 202-4'by John M Tully
Whose mailing address is
1100 Beach Road 1K Vero Beach FL 32963
hereinafter called GRANTOR to Indian River County, a political subdivision of the
State of Florida, whose address is 1801 27t1 Street, Vero Beach, Florida 32960,
hereinafter called GRANTEE,
In consideration of the sum of one dollar ($100) and other valuable considerations, receipt of
which is acknowledged, Grantor grants to Grantee, its agents, successors and assigns, a beach
restoration easement and right-of-way in, on, over and across the land described in the attached
Sketch and Legal Description within said property at
Lot 1 Sea Court. Indian River Shores, FL 32963, for use by the Board of County
Commissioners of Indian River County, Florida ("County"), its representatives, agents,
contractors, and assigns, to construct, preserve, patrol, operate, maintain, repair, rehabilitate, and
replace, a public beach and dune system and other erosion control and storm damage reduction
measures together with appurtenances thereto, including the right to deposit sand and to plant and
maintain native vegetation in accordance with the Indian River County Beach Preservation Plan,
To protect and monitor nesting marine turtles and hatehlmgs from the adverse effects of
anthropogenic activity as required by the Florida Fish and Wildlife Conservation Cornnussion
Marine Turtle Permit issued to the County and the County Habitat Conservation Plan to provide
for overall improvement in nesting habitat and to increase successful nesting activities and
production of hatchlmgs on the beaches located in the state of Florida,
To movc, to temporarily store and remove equipment and supplies, to erect and remove temporary
structures (as used herein, the words "Temporary structures" does not include buildings of any
kind), and to perform any other work necessary and incident to the construction,
All areas within the Easement Premises disturbed by the Grantee or its agents in accomphshing
the within -stated purpose will be restored to a state comparable to that which existed at the
commencement of such construction,
Grantor shall retain the right to construct one or more dune crossovers provided all applicable
federal, state, and local permits and approvals for any such crossovers are obtained,
APPROVED A TO FORM
AND LEG U ICIENCY
B
A
DEPU OUNTY ATTORNEY
BK: 3686 PG: 1331
None of the above shall abridge or expand the right set forth to Section 16141 of the Statutes of
the State of Florida
The covenants, rights, restrictions, reservations, and Easement herein set forth are and shall run
with the land
IN WITNESS WHEREOF, Grantor has herein set its hand and seal the day and year written above
ItCt7 Stan V1006 IL
Signature (Grantor) Vue &etch i� 2,A63
Printed Name John M Tully
Witness Signature (A/dl
Printed Name
Witness Signature �gi�i,1 «laL s dpf
Printed Name 'fed1,rr' vlly !1�_ 1
—� �t� ok o-fv rot
STATE OF Flolida
COUNTY OF —T t) d i 0
The foregoing instrument was aclmowledg d before me, by means of 9 physical presence
or [FOnline notarization, this � day of 202 by John M Tully, who is
personally known or ❑ produced identification in the form of
NOT
C
rnntea name t llr✓1
NOTARIAL SEAL Commission No
Commission expiration
NO= StO of FMM
Lly eoeranbsbn NH 1422W
�% e�rt ONt t12Q25
BK: 3686 PG: 1332
Sketch and Legal Description for: IND
d p,at 28
' g %s\av, p AGE 51 Ai
IVER COUN
pi BOOKEA
?11
9 X19,
0
RePlat of Lot 1
John's Island Plat 43 $
%1i Secy COU (PLAT BOOK 13, PAGE 93)
/'t LOT 1
SEA COURT
fI I r
John's Island Plat 43
N - (PLAT BOOK 12, PAGE 8)
LOT 2
3 SEA COURT
Not to Scala
\ ` LEGAL DESCRIPTION
Being a parcel of land lying In Section 18, Township 32 South, Range 40 East, Indian River County, Florida Sald parcel
being more particularly described as follows
All of that porton of Lot 1 and Tract "B" as shown on Re -Plat of Lot 1, Johns Island Plat 43, as recorded In Plat Book 13,
Page 93, of the Public Records of Indian River County, Florida, Lying between the crest of the dune at the Ume of use
as it fluctuates with time, or any existing seawall and extending Easterly to the Mean High Water Line of the Atlantic
Ocean, or to any Erosion Control Line that may be established and recorded
Legend
O R B - OFFICIAL RECORD BOOK
I m SAME OWNER
Surveyal's Notes
PARCEL LINES SHOWN HEREON WERE
OBTAINED FROM THE INDIAN RIVER COUNTY
PROPERTY APPRAISERS WEBSrrE AND ARE
A GRAPHIC REPRESENTATION ONLY
2 LANDWARD LIMIT OF THE EASEMENT is
THE EXISTING CREST OF DUNE OR ANY
EXISTING SEAWALL
3 APPROXIMATE CREST OF DUNE SHOWN
HEREON IS BASED ON 2023 INDIAN RIVER
COUNTY AERIAL PHOTOGRAPHY
This is
Certification
(NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER)
I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY
SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIREC'PON RAND SAX)
SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY3K N t AND
BELIEF [/
,•�i, i`� Tei.` i PYLA ji
1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MttTI SV-1�LE
SOARDS OF
PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA B0�1g,DQ P 10NAI.-
SURVEYORS AND MAPPERS IN CHAPTER 63-17 052 FLMIJAADM IS C96E'�.
MIAN
1111MR70610 IM, M qwl
' INDIAN RIVER COUNTY, FL
PUBLIC WORKS DEPT IENGINEERiNG DIV
/19/2023 R INGLETT
E APPROVED BY
N/A D SCHRYVER
1 OF 1 OB NO IRC -2023-011
{WJ.�
Sketch and Legal Description
for:
INDIAN RIVER COUNTY
AGREEMENT FOR ACCESS AND SAND RENOURISHMENT
FOR THE SECTOR 4 BEACH AREA
THIS Agreement For Access and Sand Renourishment and related activities for
Sector 4 Beach Area, (Agreement) entered into this c day of0 2by and
between INDIAN RIVER COUNTY a political subdivision of�ate of Florida,
("County"), whose address is 1801 27th Street, Vero Beach, FL 32960, and Johns Island
Property Owners Association Inc. as Owner ("JIPOA") whose address is 1 Turtle Beach
Road, Vero Beach, FL 32963.
WITNESSETH-:
WHEREAS, hurricanes Ian and Nicole in 2022, together with other un -named
storms that passed by the eastern coast of Florida caused significant beach erosion to
Indian River County beaches; and
WHEREAS, one of the areas most affected by the erosion is Sector 4, a 2.9 mile
stretch of beach, that runs from Johns Island subdivision to the north to the Mariner Village
subdivision to the south; and
WHEREAS, the County has submitted plans and has been issued construction
permits to renourish and replenish the sand to the beach and dune along the Sector 4
beach ("Project") and is anticipating the Project to begin in fall of 2024 and conclude in
the spring of 2025; and
WHEREAS, in order to make the Project constructible, the County must find and
use several beachfront locations for access to the Sector 4 beach within or near the
boundaries of Sector 4; and
WHEREAS, JIPOA maintains the paved roadways; Turtle Beach Road, Beach
Road, and Sea Court, depicted on the aerial photo attached as Exhibit "A"; and
WHEREAS, the Paved Roads are approximately 1,400 feet long asphalt paved
roads approximately 25 feet wide and lies within JIPOA private neighborhood; and
WHEREAS, the Paved Roads are located within boundary of Sector 4; and
WHEREAS, the County is seeking a separate Agreement for Access with Mr. John
Tully, owner of Lot 1 along Sea Court,
WHEREAS, Lot 1 is included as permitted construction access by the Florida
Department of Environmental Protection construction permit, along with two other
permitted construction accesses located in and near the Project Area, Beachcomber Lane
and Turtle Trail Beach Access.
NOW THEREFORE, in consideration of the mutual covenants contained in this
Agreement, the County and JIPOA agree as follows:
The above recitations are true and correct.
2. JIPOA will permit the County, its agents and contractors to come onto portions of
the Paved Roads, Turtle Beach Road, Beach Road, and Sea Court (identified in
Exhibit A), for the purpose of access to Lot 1 for the Sector 4 Hurricanes Ian and
Nicole Dune Renourishment Project.
JIPOA shall permit the following types of activity ("Construction") on the Property
to wit: access through the Paved Roads (limited to the sections of Paved Roads
identified in Exhibit A) for heavy equipment such as trucks, graders, track hoes,
bull dozers, and any other type of equipment, as well as construction materials,
such as sand, pipe or other, needed to complete the Construction. Storage of the
equipment shall not occur on the Paved Roads.
4. The term of this Agreement shall begin on October 15, 2024, and end on May 1,
2025. However, the Project is dependent on review and acceptance of bids
received along with funding availability. As such, the Project may be reduced or
eliminated if deemed not feasible by the County. County shall have until October
14, 2024, to cancel this Agreement should the Project be deemed not feasible.
5. Following the expiration of this Agreement, the County may come onto the Paved
Roads (identified in Exhibit A) with prior notice to JIPOA for the limited purpose of
inspecting, repairing, or replacing the Paved Roads as described in Paragraph
nine.
6. The County shall provide JIPOA with 20 (twenty) days' notice that it intends to
come onto the Paved Roads (identified in Exhibit A) for the purpose of
Construction. The County, or its agents, shall be responsible for ail Construction
of the Sector 4 project.
7. Construction access shall be restricted to the hours between 6 AM and 6 PM. The
County, its agents and contractors shall arrive between 6 AM and 6 PM with
permission to depart from the site no later than 1 hour after sunset.
8. If requested, the County shall provide construction plans and a copy of the
executed Agreement for Lot 1 Sea Court, to JIPOA prior to the commencement of
Construction. JIPOA will be invited to attend weekly progress meetings during
Construction.
9. The County shall photograph and/or video the condition of the Paved Roads prior
to the commencement of the Project and supply the media to JIPOA. At the
conclusion of the Project and as required in the construction permits the County
shall return the Paved Roads (limited to the Paved Roads identified in Exhibit A)
to the same condition as it was at the beginning of the Project.
10. To the extent allowed by Florida law, the County agrees to indemnify JIPOA for
any personal injury or damages on the Property resulting solely from Construction.
The County's agents shall name JIPOA as an additional insured on all policies of
insurance required under the Sector 4 Project and/or any contracts the agents may
enter into with the County.
11. The Construction of the project shall be in conformance with all applicable laws,
rules and permits acquired by the County.
12. The County may terminate this agreement if in its sole opinion, the Construction or
related activities cannot commence or be completed within construction permit
conditions.
13. All notices and documents relating to this Agreement shall be provided as
follows:
To The County:
Indian River County
Attn: Natural Resources Director
1801 27th Street
Vero Beach, FL 32960
To Trustee:
Johns Island Property Owners
Association Inc.
c/o Mr. Michael Korpar
1 Turtle Beach Road
Vero Beach FL 32963
14. The Agreement is conditioned on the approval of the Indian River County Board of
County Commissioners.
3
IN WITNESS WHEREOF, this Agreement is executed by the duly authorized
representatives of the parties below.
tt
L/I Johns Island Property Owners Association Inc.
r
� f f ` By:
(printed name) kJC. 1 k�l��V J Micha I Ko par
John Island Property Owners Association Inc.
Attest:
(printed name)_t,nLa ic}tACick, hm
INDIAN RIVER COUNTY, FLO.FtJ',Ssr ; ATTEST:
BOARD OF COUN ON .Ryan L. Butler, Clerk of Court and
1. Comptroller
7D
Su n Adams, C airman r :' By:
f Deputy Clerk
Approved by BCC c,,D temhe, 9%
Approved.
John A. Titkanich Jr.
County Administrator
Approved as to Form
and Letal Sufficiency:
County Attorney
W3
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