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INDIAN RIVER COUNTY ADMINISTRATION COMPLEX <br />NATIVE PLANT GARDEN AGREEMENT <br />This Indian River County Administration Complex Native Plant Garden Agreement (hereinafter <br />"Agreement") is made and entered into by and between The Pelican Island Audubon Society <br />Incorporated, a Florida not-for-profit corporation ("Organization"), and Indian River County, <br />Florida, a political subdivision of the State of Florida ("County"). <br />Recitals <br />WHEREAS, the Organization desires to install and temporarily maintain a native plant <br />garden at the Indian River County Administration Complex as set forth in Exhibit "A"; and <br />WHEREAS, the County agrees to allow the Organization to install and temporarily <br />maintain such native plant garden at the Indian River County Administration Complex; <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 />1. The foregoing recitals are true and incorporated as if fully restated herein. <br />Organization agrees to install and maintain for twelve months, after the completion of <br />construction, the native plant garden as set forth in Exhibit "A" at the Indian River <br />County Administration Complex, at Organization's own cost and expense. If at the <br />discretion of the County Public Works Director, the native plant garden growth and <br />maintenance is not sufficient, Organization, shall continue to maintain the native plant <br />garden for an additional twelve months. <br />3. County agrees to allow Organization to perform the work at the Indian River County <br />Administration Complex, so long as such work does not unreasonably interfere with <br />the public's ability to access to Building A of the Indian River County Administration <br />Complex. <br />4. Organization warranties the maintenance of the native plant garden for 12 months after <br />the period of time, either 12 months or 24 months, set forth in section 2 above. <br />5. This Agreement may only be modified in writing by mutual agreement of both parties. <br />b. The Organization 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 Organization's <br />negligence, intentional misconduct, or violation of this Agreement or applicable law. <br />Pagel of 3 <br />