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3120220003151 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3502 PG: 2155,1/18/202211:57 AM Sebastian River Improvement District—Indian River County 82"d Avenue Interlocal Agreement This Interlocal Agreement (the "Interlocal Agreement") is. entered into as of this 2 day Of _ .& f..r,,,b, r , 2021, between Indian River County, a political subdivision of the State of Florida (the "County"), and the Sebastian River Improvement District, an independent special district and political subdivision of the State of Florida (the "District"). Whereas, 82nd Avenue is located within a District drainage right-of-way, constitutes a canal maintenance roadway for the District, and is not maintained by the District as a public roadway, but the District has allowed vehicular use of such roadway by the public in its "as is," "where is," and "with all faults" condition at the sole discretion and assumed risk of roadway users; and Whereas, County has received complaints concerning 82"d Avenue travel surface conditions; and Whereas, County is willing to assist the District in facilitating reconstruction of the roadway by providing asphalt millings to be used to reconstruct the travel surface of 82"d Avenue (the "Reconstruction Project"); and Whereas, County and District agree that following completion of the Reconstruction Project, the County may, but shall not be required, to maintain the travel surface of 82"d Avenue from 26th Street and 691h Street, and to assist the District by mowing the shoulders of the roadway on a periodic basis and maintaining the traffic roadway signage. NOW THEREFORE, in consideration of the foregoing and the mutual benefits, undertakings and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Adoption of "Whereas" Clauses. The foregoing "Whereas" clauses are true and correct and are incorporated herein. Section 2. Asphalt Millings. County may deliver to the Reconstruction Project at a mutually agreeable time and location up to 33 loads (16-cy each load) of asphalt millings material to be used for the one-time reconstruction of 82"d Avenue. Section 3. 82"d Avenue Reconstruction and Maintenance. District will assure that the asphalt millings materials are used for reconstructing 82"d Avenue from the entrance of the Blue Goose Mine to 69th Street by providing a copy of the District permit issued for Reconstruction Project to the County. The District shall also issue a letter to the County requesting that the asphalt millings material be delivered to the permit holder for the Reconstruction Project. Upon completion of the Reconstruction Project, and so long as this Interlocal Agreement remains in