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MEMORANDUM OF UNDERSTANDING <br />BETWEEN <br />FOREST LAKE PROPERTY OWNERS' ASSOCIATION, INC. <br />ENZI_11 <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 County agrees to permit the Association to install and maintain the <br />enhanced landscaping within the right-of-way along the 19 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 />I. 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 1' 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 />P233 <br />