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MEMORANDUM OF AGREEMENT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. DIVISION OF RECREATION AND PARKS AND INDIAN RIVER COUNTY, FLORIDA REGARDING MAINTENANCE OF THE TRANS FLORIDA TRAIL IN ST. SEBASTIAN RIVER PRESERVE STATE PARK THIS MEMORANDUM OF AGREEMENT, hereinafter referred to as "MOA," is hereby made and entered into on this day of , 201_, by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, DIVISION OF RECREATION AND PARKS, hereinafter referred to as "GRANTOR" and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "GRANTEE" WITNESSETH WHEREAS. GRANTEE is designing, permitting and will construct a portion of the public shared -use trail known as the Trans Florida Trail ("TRAIL") within the boundaries of St. Sebastian Preserve State Park ("Park" or "premises"), Indian River County, Florida, which is administered by GRANTOR, and WHEREAS, GRANTOR manages the Park under the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida ("Board of Trustees") Lease No. 4397 and WHEREAS, GRANTOR is willing to allow GRANTEE to construct and to maintain the TRAIL as depicted and described in the Trans Florida Trail Map, attached hereto as Exhibit "A" and made part hereof. NOW THEREFORE, in consideration of the faithful and timely performance of and compliance Nvith all the terms and conditions stated herein, GRANTOR does hereby grant to GRANTEE, the right to use the premises subject to the following terms and conditions: I DELEGATIONS OF AUTHORITY GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of Recreation and Parks, State of Florida Department of Environmental Protection, pursuant to Delegations of Authority DEP 150 DRP 26, dated April 1, 2003 2. TERM This MOA is for a period commencing on the execution date of this MOA and ending on March 28, 2046, the current expiration date of GRANTOR'S Lease No 4397 from the Board of Trustees, unless sooner terminated by GRANTOR. If Board of Trustees' Lease No. 4397 to GRANTOR is renewed, it is the intent of GRANTOR and GRANTEE to renew this MOA prior to its expiration date, to be coterminous with the lease renewal expiration date. 3 EXTENT OF AGREEMENT This MOA covers the use of the premises for the purposes of conducting the following activities: day to day TRAIL operations and maintenance of all TRAIL paving, drainage structures and all other TRAIL appurtenances and accessories constructed or installed by GRANTOR. 4 TERMINATION: 4 1 This MOA may be terminated by GRANTOR upon such notice as GRANTOR deems appropriate under the circumstances in the event it is determined that termination is necessary to protect the public health, safety or welfare, or the interests of the Board of Trustees. 111