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AMENDED AND REINSTATED <br />MEMORANDUM OF AGREEMENT BETWEEN <br />INDIAN RIVER COUNTY <br />AND <br />INDIAN RIVER LAND TRUST, INC. <br />This Agreement is entered into this 18th day of February , 2020 between Indian <br />River County, a political subdivision of Florida, by and through its Board of County <br />Commissioners, (hereinafter referred to as "County" or "OWNER"), and the Indian River Land <br />Trust, Inc., a non-profit corporation registered in the State of Florida (hereinafter referred to as <br />"IRLT"). <br />WITNESSETH: <br />WHEREAS, on November 5, 2009, County and IRLT entered into a Memorandum of <br />Agreement concerning the construction and management of the Lagoon Greenway, which <br />expired on December 31, 2019; and <br />WHEREAS, the construction and public use improvements have been successfully <br />completed and opened to the public for use and enjoyment; and <br />WHEREAS, the parties herein wish to ensure the continuation of the public trail system <br />with access to the Indian River Lagoon (hereinafter referred to as the "Lagoon Greenway") an <br />assemblage of approximately 187 acres of public and private lands situated along the Indian <br />River Lagoon east of Indian River Boulevard in an unincorporated portion of Indian River <br />County; and <br />WHEREAS, a certain parcel of land in the Lagoon Greenway (hereinafter referred to as the <br />"Flinn Tract") was purchased by the County through its Environmental Lands Program with <br />funding assistance from the Florida Inland Navigation District (hereinafter referred to as "FIND"), <br />and the St. Johns River Water Management District (hereinafter referred to as "SJRWMD") both <br />of which hold a 25% undivided interest in the parcel, depicted in Attachment A; and <br />WHEREAS, certain parcels of land in the Lagoon Greenway were purchased by IRLT for <br />conservation of said parcels depicted in Attachment A; and <br />WHEREAS, certain parcels of land in the Lagoon Greenway are owned in fee by FIND <br />which may use such lands to manage dredging materials to maintain the Florida Intracoastal <br />Waterway; and <br />WHEREAS, FIND has agreed to provide a long-term lease for nominal consideration of a <br />portion of its property, for limited recreational and educational use of existing trails and lagoon <br />access points for public use of the Lagoon Greenway; and <br />Page 1 of 8 <br />