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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />c. Serve as lead manager of the IMPOUNDMENT SITES wetlands. <br />d. Assume all restoration and operational responsibilities for the wetlands m the <br />IMPOUNDMENT SITES. <br />e. Assume responsibility for maintenance of any dike(s) surrounding the <br />wetlands of the IMPOUNDMENT SITES. <br />f. Treat and where feasible remove ail exotic plants from any dike(s) <br />sunoundmg the wetlands of the IMPOUNDMENT SITES. <br />5. MOSQUITO CONTROL will be provided access to the IMPOUNDMENT SITES for <br />inspection, design, construction, maintenance and operation. <br />6. The DISTRICT is responsible for providing four (4) culverts for the WTNDMILLER <br />PROPERTY, the first Impoundment Site subject to this Agreement. <br />7. MOSQUITO CONTROL and the DISTRICT mutually agree that any use or <br />development of the IMPOUNDMENT SITES will be subject to the following conditions: <br />a. The IMPOUNDMENT SITES, with respect to water management, will be <br />reconnected to the Indian River Lagoon under Rotation Impoundment Management (RIM). No <br />use of the IMPOUNDMENT SITES shall interfere with or impede the restoration of the <br />impoundments. <br />b. The IMPOUNDMENT SITES shall be managed for multiple uses on the <br />perimeter dike, limited to hiking, walking, jogging, fishing and bind watching. <br />c. All recreational uses and activities shall be consistent Wath the water <br />management purposes of the DISTRICT as provided in Sections 373.139 and 373.59, Florida <br />Statutes; and with the enabling legislation for the MOSQUITO CONTROL. <br />8. The MOSQUITO CONTROL may enter into agreements with third parties to develop <br />and implement the Plan, or subcontract day-to-day management responsibilities. Such third <br />parties shall agree to comply with the terms and conditions of this Agreement and shall be <br />approved by the DISTRICT. <br />9. Ail structures, improvements and facilities placed or installed upon the <br />IMPOUNDMENT SITES shall be at the sole cost, expense and liability of the party responsible <br />for such placement or installation. Neither the DISTRICT nor the MOSQiJITO CONTROL <br />shall be liable for any damage to said structures, improvements and faculties placed on the <br />IMPOUNDMENT SITES by the other. Cost and liability for any structures, improvements and <br />facilities jointly funded by both parties shall be mutually agreed upon, in writing, between the <br />parties prior to such placement or installation. Ownership of all said structures, improvements <br />and facilities shall be determined and agreed upon, in writing, between the parties prior to such <br />placement or installation The responsibility for obtaining or renewing permits That may be <br />required by any federal, state, regional, municipal, or other governmental entity, shall be <br />determined and agreed upon, in writing, between the parties prior to the construction or <br />installation of structures, improvements, or facilities upon the IMPOUNDMENT SITES. <br />10 The MOSQUITO CONTROL shall pay all lawful debts incurred by it with respect to <br />the [MPQUNDMENT SITES and shall satisfy all liens ofcontractors, sub -contractors, <br />Cooperative Agreement Page 2 of 7 <br />Indian River Mosqutto Control District <br />