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NOW, THEREFOR, in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the County and City agree as follows: SECTION 1. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. SECTION 2. TITLE. This Interlocal Agreement between the City of Fellsmere and Indian River County is referred to herein as the "Agreement. ' SECTION 3. PURPOSE. The purpose of this Agreement is to allow the City to construct an eight -foot (8') wide sidewalk within the right-of-way of County Road 512 from the Fellsmere Trailhead Preserve entrance east to the entrance of the adjacent commercial outparcel in accordance with Indian River County Right -of -Way permit #2012080426 and the County to accept ownership and maintenance responsibilities for said sidewalk. SECTION 4. RESPONSIBILITIES OF THE CITY. The City shall construct the sidewalk in accordance with the terms of Indian River County Right -of -Way permit #2012080426 and shall deliver to the County an as -built survey of the improvements and a statement from the engineer responsible for construction, engineering and inspections for the National Scenic Byway grant certifying that the sidewalk was constructed to the standards reflected within permit #2012080426. SECTION 5. RESPONSIBILITIES OF THE COUNTY. Upon 1) deliverance by the City of the as -built survey of the improvements and a certification from the engineer responsible for construction, engineering and inspections for the National Scenic Byway grant that the sidewalk was constructed to the standards reflected within permit #2012080426, and 2) acceptance of the sidewalk by the County under the terms and conditions of permit #2012080426, the County will own the sidewalk within the County Road 512 right-of-way and shall maintain said sidewalk. SECTION 6. REMOVAL OF SIDEWALK. If at any time before March _, 2034, the sidewalk or any portion of the sidewalk is removed within the County right-of-way of County Road 512, the sidewalk or the portion of the sidewalk located within the County right-of-way of County Road 512 shall be reconstructed or relocated in such a way as to continue serving the same need — connectivity for pedestrians — with such reconstruction or relocation funded either by the County or the City or both. This provision shall not prohibit or restrict the ability of the County from temporarily closing the sidewalk due to construction within the County right-of-way of County Road 512. Page 2 of 5 April 17, 2014