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STiLTE OF FT.vRIDA DEPARTM'EN'T OF NA=RAL RESOURCES Florida Recreation Development Assistance Program Development Agreement This agreement made and entered into by and between the State of Florida Department of Natural Resources hereinafter called DEPARTMENT and Indian River County hereinafter called County in furtherance of an approved recreational program involving the parties hereto in pursuance of which the parties hereto agree as follows: 1. This agreement shall be performed pursuant to Section 375.021(3), Florida Statutes and Chapter 16D-5.02, Florida Administrative Code and with the program criteria prescribed by the Executive Board of the Department of Natural Resources under date of October 15, 1972. In the event a dispute should arise between the parties concerning the intent of the language herein contained, the same shall be resolved by the adoption of that meaning which furthers the intent and purpose of said actions of the Florida Legislature and the Executive Board of the Depart::ent of Natural Resources. No construction shall be contrary to the program criteria or the agreements contained herein.- It is the intention of the parties hereto that none of the provisions of Section 163.01, Florida Statutes, shall have application to this agreement. 2. The DEPARTMENT has found that recreation is the primary purpose of the project known as Wabasso Beach Park (Florida Recreation Development Assistance Program Project Plumber 10-41-7 ), and enters -into this agreement with the County for construction of recreational facilities on real property, the title to which is in the name of the County 41 the legal description of which is set forth in full in Exhibit "A" attached hereto and made a part hereof. 3. The ,,,,t will construct, or cause to Page 1 of 5 DNR 42-004 Revised 8/1/79 43,