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FACILITIES USE AGREEMENT <br />(Harbour Pointe) <br />THIS AGREEMENT made and entered into on this day of w , 2019, by <br />and between ST. LUCIE COUNTY, a political subdivision of the State 1 F41 ida, hereinafter <br />referred to as "St. Lucie," and INDIAN RIVER COUNTY, a political subdivision of the State of <br />Florida, hereinafter referred to as "Indian River". <br />and, <br />WITNESSETH: <br />WHEREAS, St. Lucie owns Harbour Pointe Park hereinafter referred to as the "Facilities"; <br />WHEREAS, Indian River desire to use the Facilities to stage artificial reef material; and, <br />WHEREAS, St. Lucie is willing to enter into this agreement with Indian River to permit it <br />to temporarily use the Facilities. <br />NOW, THEREFORE, in consideration of the mutual covenants and promises herein <br />contained, the parties agree as follows: <br />1. SITE <br />The parties acknowledge and agree that the Facilities shall be located at 1 <br />Avenue M, Fort Pierce and shall consist of the unimproved parcel with no services. <br />2. USE OF FACILITY <br />Indian River shall use the Facilities to stage 10 fabricated limestone concrete <br />modules (manufactured offsite) and up to 500 tons of mixed secondary use concrete for <br />deployment offshore of Indian River County, Florida. Indian River's use of the Facilities shall not <br />be exclusive and such use of the property shall not preclude St. Lucie staff from accessing the <br />Facilities. Indian River shall use St. Lucie's choice of artificial reef contractor to navigate St. <br />Lucie's permitted staging area. <br />3. TERM/TERMINATION <br />The term of this Agreement shall be until August 31, 2019. Either party may <br />terminate this Agreement without cause upon thirty (30) days prior written notice to the other <br />party. If the Agreement is terminated Indian River agrees to remove all material prior to the <br />termination date. <br />S:\ATTY\AGREEMNT\FAC-USE\Indian River County — Harbour Pointe 1 <br />