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manager, the COUNTY will be responsible for all management actions at the
<br />PROPERTY, including but not limited to: maintenance and repair costs of the entrance
<br />roadway for the PROPERTY, providing public recreational opportunities, providing
<br />day-to-day maintenance including, but not limited to, garbage removal, security for the
<br />PROPERTY, and removal of invasive terrestrial and aquatic plant species on the
<br />PROPERY.
<br />3. The DISTRICT, FIND and the COUNTY mutually agree that any use or
<br />development of the PROPERTY will be subject to the following conditions:
<br />a. the function and condition of the PROPERTY with respect to water management,
<br />water supply and the conservation, and protection of water resources shall be
<br />managed and maintained in an environmentally acceptable manner and, to the
<br />extent practicable, in such a way as to restore and protect their natural state and
<br />condition; and the PROPERTY will be managed to control, and where possible
<br />eradicate, populations of invasive plant species, as required by the LMP;
<br />b. no activities shall be conducted within the areas delineated as WETLANDS on
<br />the map attached hereto as Exhibit C, or within other naturally vegetated areas,
<br />which damage fish or wildlife, or their habitats, or which alter natural drainage or
<br />floodplains or result in erosion, siltation or other forms of water pollution;
<br />c. recreational activities planned or conducted within the areas identified as
<br />WETLANDS in Exhibit C, and within other naturally vegetated areas, shall be
<br />resource-based (i.e., dependent on existing elements of the natural environment),
<br />and the development of recreational facilities within these WETLANDS shall be
<br />restricted to trails, boardwalks, or other alterations which facilitate access for the
<br />passive/non-consumptive recreational user. Construction of said trails,
<br />boardwalks, or other alterations are subject to applicable federal, state, and local
<br />permitting requirements;
<br />d. the DISTRICT may engage in construction or other activities necessary for water
<br />management purposes provided that such construction or activities are described
<br />within the approved LMP;
<br />e. the COUNTY may develop user -oriented recreational facilities (i.e., those not
<br />dependent on existing elements of the natural environmental) on portions of the
<br />PROPERTY outside the areas identified as WETLANDS on Exhibit C, provided
<br />the water resource values of the affected land existing prior to development are
<br />not diminished;
<br />f. nothing contained in this AGREEMENT shall be construed as a waiver of or
<br />contract with respect to the regulatory or permitting authority of the DISTRICT
<br />as it now or hereafter exists under applicable laws, rules and regulations.
<br />4. The COUNTY, in coordination with the DISTRICT, has adopted an LMP that was
<br />updated in 2009, and is attached hereto as Exhibit D. The COUNTY shall update the LMP
<br />within one (1) year of the Effective Date of this AGREEMENT. Thereafter, the COUNTY
<br />shall update the LMP every ten (10) years. The updated LMP shall address the goals,
<br />objectives, operational policies and management procedures of the PROPERTY, and
<br />comply with the format and content requirements in sections 373.1391 and 373.591,
<br />Florida Statutes. All future LMPs will require approval by the DISTRICT, FIND, and the
<br />COUNTY. The DISTRICT shall have three months to review the LMP and provide input
<br />to the COUNTY. Any and all improvements or permanent alterations to the PROPERTY
<br />must be described in the final approved LMP prior to their implementation. An
<br />amendment to the LMP may be proposed by any party to this AGREEMENT at any time;
<br />however, all parties must agree in writing upon the amendments before said amendments
<br />are incorporated into the LMP.
<br />5. The DISTRICT and the Indian River Mosquito Control District (MOSQUITO
<br />CONTROL) maintain a cooperative agreement dated March 2, 2004, that delegates
<br />restoration and management authority to MOSQUITO CONTROL for certain impounded
<br />wetlands (MOSQUITO AGREEMENT). As described in the 2009 LMP, the MOSQUITO
<br />CONTROL is responsible for managing water levels within WETLANDS on the OSLO
<br />PROPERTY following the Rotational Impoundment Management Strategy that has been
<br />approved for mosquito impoundments of the Indian River Lagoon. Within six (6) months
<br />of the Effective Date of this Agreement, DISTRICT shall contact MOSQUITO
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