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Dylan Reingold, County Attorney <br />William K, DeBraal, Deputy County Attorney <br />Kate Pingolt Cotner, Assistant County Attorney <br />Office of <br />INDIAN <br />MEMORANDUM <br />TO: Board of County Commissioners <br />FROM: Dylan Reingold, County Attorney <br />DATE: April 13, 2017 <br />County Attorneys Matters - B. CC 05.2.17 <br />RIVER COUNTY <br />ATTORNEY <br />SUBJECT: Forest Lake Property Owners' Association MOU for Right -of -Way Landscaping and <br />Resolution Delegating Authority for Public Works Director to Enter Into a Memorandum <br />of Understanding with Property Owners' Associations for Right -of -Way Landscaping <br />BACKGROUND. <br />The Forest Lake Property Owners' Association ("Forest Lake POA") approached the County about <br />installing and maintaining enhanced landscaping within the right-of-way along the 0 Street, S.W., street <br />frontage. The County Attorney's Office drafted and the Forest Lake POA executed a Memorandum of <br />Understanding (the "Forest Lake POA MOU") in which the County will allow for the Forest Lake POA to <br />perform such landscaping work within the right-of-way and waive the annual right-of-way fees, and the <br />Forest Lake POA agreeing to pay for the initial right-of-way permit fee, comply with the approved right- <br />of-way permit, indemnify the County and maintain the appropriate insurance. <br />In order to streamline the process of approval for other property owners' associations and homeowners' <br />associations, the County Attorney's Office has drafted the attached resolution authorizing the Public <br />Works Department to enter into a similar Memorandum of Understanding with other organizations for <br />installation and maintenance of landscaping without prior approval from the Indian River County Board of <br />County Commissioners (the "Board"). <br />FUNDING. <br />There is no funding associated with this agenda item. <br />RECOMMENDATION. <br />The County Attorney's Office recommends that the Chair allow for public comment on this matter and <br />then have the Board vote to approve the Forest Lake POA MOU and the resolution and form <br />memorandum of understanding for right-of-way landscaping as drafted. <br />ATTACHMENT(S). <br />Forest Lake POA MOU <br />Proposed resolution. <br />F.19u—yVi rb1aE.NLVAGB C CUge�Me,.w,V—*-p, JW"f-woyMmU.dx <br />P232 <br />