HomeMy WebLinkAbout2024-310LICENSE AGREEMENT
This Agreement entered into on this —1 day of 2024, between Indian River
County (County), Martin B. Graf (Owner) and Sussan-Allen Construction (Contractor), (Owner and
Contractor shall be collectively referred to as "Licensee"), who are hereby authorized to temporarily
use the established beach access point at (Treasure Shores Beach Park) ("County Property") for the
limited purpose of locating certain heavy equipment onto the beach to perform construction
activities on the Owner's property. The terms of this agreement are in accordance with the Board
adopted policy "Private Use of County Property for Non -Emergency Coastal Construction Access,"
and the requirements of the policy are hereby incorporated by reference. Use of the County Property
for this purpose is limited to December 9. 2024 (with a backup date of December 11 2 24) and
December 23, 2024 (with a backup date of December 29, 2024) between the hours of 7:00 am to
12:00 pm (the "License Period"), and is subject to the following terms and conditions:
1) Licensee shall pay a County Property use fee of $1000/day or $500/half day for the
License Period.
2) Contractor shall operate all equipment, or cause all equipment to be operated, in a safe
and prudent manner, adhering to all weight and traffic regulations (including but not
Limited to vehicle speed and engine breaking) on all roadways, and in accordance with
any measures deemed necessary for public safety by County staff.
3) Contractor shall (a) keep the gates to the County Property securely locked at all times
except when opened for the passage of Contractor's equipment, (b) manage in a timely
and efficient manner any traffic issues that arise as a result of the Licensee's use of the
County Property, and (c) prohibit any public vehicular or pedestrian use of the County
Property during Licensee's dune construction activities. Contractor shall post "Beach
Closed" signs at the County Property entrance during Licensee's construction activities.
4) Any sand needed to establish a "sand ramp" for equipment to access the beach, or to
perform the dune construction activities, shall be provided and installed by Contractor.
Material/sand used for a sand ramp shall be consistent with the Natural Resources
Department Coastal Engineering Division's "Indian River County — Beach Fill
Specifications" which shall be provided to the Licensee with this License Agreement prior
to execution. Any damage by Licensee to the County Property shall be repaired to the
satisfaction of the County and at no cost to the County within a reasonable amount of
time depending on the nature of the repair, but no later than 5 days after expiration of the
License agreement, unless otherwise agreed upon by 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 County Property. Any sand placed to create the
`ramp' is not to be removed, but to remain in place at the County Property and to be
smoothed out such as to create a natural dune slope (3:1 vertical to horizontal grade,
unless otherwise specified or approved by the Coastal Division).
5) In order to prepare the site for equipment access, the Contractor may place: Clean sand
- consistent with requirements for Natural Resources Department Coastal Engineering
Division's "Indian River County - Beach Fill Specifications", OR composite or steel mats
- subject to acceptance by the Coastal Division; however, any placed material must be
removed by the Contractor as part of Site Restoration, except for the sand used for the
`ramp'. If the Contractor employs mats that break up under service loads during
construction, the Contractor shall (a) remove all pieces of the broken mats, and (b)
replace the broken mats.
6) The Contractor shall restore any pavement striping, signage, vegetation (including dune
vegetation), and County Property improvements that may have been damaged as a direct
or indirect result of the construction activities to an equal or better condition upon
completion of the work underthis Agreement and demobilization of equipment, facilities,
vehicles and crew from the County Property. These activities must be deemed complete
and acceptable by County Staff prior to release of Licensee from Agreement
requirements.
7) The County assumes no liability for loss of or damage to Contractor's equipment or
personal property staged or stored at the County Property. Any such equipment or
property shall be staged or stored at the sole risk of Contractor. All equipment shall be
stored west of the vegetated dune line and shall be removed from the County Property
prior to the expiration of the license period.
8) Contractor shall minimize construction impacts to residential communities in proximity
to the worksite (i.e. work hours 7:00 AM to 5:30 PM, construction noise, equipment
vibration, dump truck tailgate slamming, etc.).
9) Both Owner and Contractor, as Licensee, shall indemnify the County for any damage to
County Property structures, roads, vegetation, or other County Property features
resulting from the performance of the construction activities, or this Licensee
Agreement. Any such damage shall be repaired to the satisfaction of the County, or
Licensee shall pay 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
directly or indirectly bythe 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. Licensee's obligation to
indemnify and hold harmless under this Agreement will survive the expiration or earlier
termination of this Agreement until it is determined by final judgment that an action
against the County for the matter indemnified hereunder is fully and finally barred by the
applicable statute of limitations.
10) Contractor shall post a $10,000 construction bond with the County prior to starting the
project, which shall be returned to Contractor upon satisfactory completion of the
project and the restoration of County Property. If Licensee fails to complete the project or
fully restore County Property, County shall be entitled to complete the project and
restoration, which shall be funded from the bond proceeds. In the event the bond
proceeds are not adequate, Licensee shall be fully responsible for the amount to finish
the project and/or restoration of the County Property.
11) Contractor shall maintain, or cause to be maintained, during the License Period, the
insurance policies and coverage limits set forth:
Insurance:
• Contractor's and Subcontractor's Insurance: The Contractor 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
Contractor 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 bythe protections
afforded bythe insurance.
• Worker's Compensation Insurance: The Contractor 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 Contractor shall provide adequate
coverage for the protection of such employees.
• Public Liability Insurance: The Contractor shall procure and maintain broad
form commercial 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 Damage
• Proof of Insurance: The Contractor 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. Insurance
certificates attached hereto and incorporated by reference as Composite Exhibit
W.
12) Licensee shall obtain all necessary local, state, and federal permits necessary for the
dune construction activities and shall complywith all local, state, and federal laws, rules,
regulations, policies, code and guidelines applicable to the project. Licensee shall
perform its work in strict compliance with any permit issued for the project. If at anytime
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 or
it may immediatelyterminatethe License Agreement. Licensee's permits and application
for use of County Property by a private entity for coastal construction project access are
attached hereto and incorporated by reference as Composite Exhibit `A.
13) Miscellaneous Provisions:
a. Independent Contractor. It is specifically understood and acknowledged
by the parties hereto that the Contractor or employees or subcontractors of
the Contractor are in no way to be considered employees of the County but
are independent contractors performing solely under the terms of the
Agreement and not otherwise.
b. Merger; Modification. This Agreement incorporates and includes all prior and
contemporaneous negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein
and the parties agree that there are no commitments, agreements, or
understandings of any nature whatsoever concerning the subject matter of
the Agreement that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any
prior or contemporaneous representations or agreements, whether oral or
written. No alteration, change, or modification of the terms of this Agreement
shall be valid unless made in writing and signed by the Licensee and the
County.
c. Governing Law; Venue. This Agreement, including all attachments hereto,
shall be construed according to the laws of the State of Florida. Venue for any
Lawsuit brought by either party against the other party or otherwise arising out
of this Agreement shall be in Indian River County, Florida, or, in the event of
federal jurisdiction, in the United States District Court for the Southern
District of Florida.
d. Remedies; No Waiver. All remedies provided in this Agreement shall be
deemed cumulative and additional, and not in lieu or exclusive of each other
or of any other remedy available to either party, at law or in equity. Each right,
power and remedy of the parties provided for in this Agreement shall be
cumulative and concurrent and shall be in addition to every other right, power
or remedy provided for in this Agreement or now or hereafter existing at law
or in equity or by statute or otherwise. The failure of either party to insist upon
compliance by the other party with any obligation, or exercise any remedy,
does not waive the right to do so in the event of a continuing or subsequent
delinquency or default. A party's waiver of one or more defaults does not
constitute a waiver of any other delinquency or default. If any legal action or
other proceeding is brought for the enforcement of this Agreement or
because of an alleged dispute, breach, default, or misrepresentation in
connection with any provisions of this Agreement, each party shall bear its
own costs.
Severability. If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be held invalid or
unenforceable for the remainder of this Agreement, then the application of
such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable shall not be affected, and everyother
term and provision of this Agreement shall be deemed valid and enforceable
to the extent permitted by law.
f. Survival. Except as otherwise expressly provided herein, each obligation in
this Agreement to be performed by Contractor shall survive the termination
or expiration of this Agreement.
g. Notices: Any notice, request, demand, consent, approval, or other
communication required or permitted by this Agreement shall be given or made
in writing and shall be served, as elected by the party giving such notice, by any
of the following methods: (a) Hand delivery to the other party; (b) Delivery by
commercial overnight courier service; or (c) Mailed by registered or certified mail
(postage prepaid), return receipt requested atthe addresses of the parties shown
below:
Indian River County
Attn: Natural Resources Department - Coastal Division
1801 27th Street
Vero Beach, FL 32960-3365
Contractor:
Sussan-Allen Construction
500 Bill France Blvd #11182
Daytona Beach, FL 32114
Owner:
Martin B. Graf
10880 Highway Al A
Vero Beach, FL 32963
Notices shall be effective when received at the address as specified above. Facsimile
transmission is acceptable notice effective when received, provided, however, that
facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or
holidays, will be deemed received on the next day that is not a weekend day or a
holiday. The original of the notice must additionally be mailed. Either party may
change its address, for the purposes of this section, by written notice to the other party
given in accordance with the provisions of this section.
SIGNATURE PAGE FOLLOWS
LICENSEE
OWNER
Date: /2 912 ,/
NAME: Martin B. Graf
TITLE: Trustee of the Revocable Trust of Martin B. Graf (Property Owner)
Witnessed by:
Signature:
Signature: 1� '�
Printed /��,,� Name: !� bl� Printed
Name: l_,(.&U IL E%
Address x,1,8 1 S-tz1 44 a -.- %L baq S8
Address: Oq 'WcLA jR -.5ZiGS
CONTRACTOR
Date: 1 2, /1 D f 2
NAME: Tom Sussan
TITLE: Co -Owner Sussan-Allen Construction
Witnessed bye / �riP f
Signature:
Signature: c.IQ,lp ��Lry
Printed— Name:, )c)naR- `1 �4�Zyt Printed
Narpe�--�v"`
Address: Som 1I ��...�Ce Iv� 1ID-11v/14 4``�h 3Zlt�t
Address: VW661}jLQ(
INDIA RIVE COUNTY, FLORIDA
BOA TY C ISSIONERS
Date:
John A. Titkanich, Jr., County Administrator
Approved/Ratified by BOCC December 3, 2024
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ATTEST:
By: M-C�
Ryan L. Butler, Clerk 61 Court and Comptroller
Date: December, 3, 2024
Approved as to Form:
�nnifer\k. Shuler, County Attorney