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w 7; f3 Il _3� L F, MEMORANDUM OF UNDERSTANDING BETWEEN ASSOCIATION, INC. AND INDIAN RIVER COUNTY, FLORIDA This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between Association, Inc., a Florida not-for-profit corporation ("Association"), and Indian River County, Florida, a political subdivision of the State of Florida. Recitals WHEREAS, the Association desires to maintain enhanced landscaping within the right- of-way along , for aesthetic purposes; and WHEREAS, the County agrees to permit the Association to install and maintain the enhanced landscaping within the right-of-way along NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Association and County hereby agree as follows: 1. The foregoing recitals are true and incorporated as if fully restated herein. 2. Association agrees to install and maintain all landscaping materials, fertilization, and irrigation along , in the County's right-of-way, at the Association's own cost and expense, in accordance with the approved right-of-way permit. 3. County agrees to permit the Association to perform the work described herein on an as-needed basis as determined by the Association,and except for the initial permit fees, the County waives any other annual permit or application fees which might otherwise be associated with work as described herein within the County right-of-way. 4. This MOU may only be modified in writing by mutual agreement of both parties. 5. The Association shall defend, hold harmless, and indemnify the County, including its County's commissioners, employees, and agents from and against any and all claims, causes of action, losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to the Association's negligence, intentional misconduct, or violation of this MOU or applicable law.