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