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CONTROL to amend the MOSQUITO AGREEMENT to include the FLINN
<br />PROPERTY.
<br />6. FIND will, subject to the availability of funds, assist the COUNTY by providing
<br />funding for invasive vegetation management on the FLINN PROPERTY. Funding will
<br />be in the amount equal to FIND'S participation in the purchase of the FLINN
<br />PROPERTY, which was twenty-five percent (25%). FIND may also provide funding
<br />assistance to the COUNTY for the development of public recreational opportunities on
<br />the FLINN PROPERTY. The funding provided may be up to fifty percent (50%) of the
<br />total cost of improvements.
<br />7. The COUNTY shall submit a Master Site Plan for the PROPERTY to the
<br />DISTRICT and FIND for approval. The Master Site Plan shall include GIS data
<br />documenting existing locations of all levees/berms, ditches, culverts, roads, kiosks,
<br />observation towers, recreational amenities, structures, water control structures, office and
<br />maintenance buildings, and any additional improvements necessary for the operation of
<br />the PROPERTY. Any modifications to the Master Site Plan shall be subject to prior
<br />written approval by the DISTRICT and FIND. The design and construction of any
<br />structures, buildings, or improvements on the PROPERTY shall be subject to the prior
<br />written approval of the DISTRICT and FIND, which approval will not unreasonably be
<br />withheld.
<br />8. The COUNTY shall bear the cost of the planning, construction, operation, and
<br />maintenance of any recreational facility on the PROPERTY. The COUNTY shall also
<br />provide the personnel and resources necessary to monitor and protect the PROPERTY and
<br />to ensure the safety of the public.
<br />9. The COUNTY may retain any fees or other revenues collected in association with
<br />any recreational or educational facilities or programs operated by COUNTY or a third
<br />party under contract with the COUNTY; provided, however, that any revenue derived
<br />from the use and management of the PROPERTY shall be utilized by the COUNTY for
<br />management, maintenance and capital improvement costs for the PROPERTY or for
<br />acquisition of other lands meeting the criteria set forth in Chapter 373.139, Florida
<br />Statutes.
<br />10. All structures or improvements placed upon or moved in or upon the PROPERTY
<br />by the COUNTY, FIND or the DISTRICT shall be deemed the personal property of the
<br />party placing or moving the personal property and shall not be attached to the land as a
<br />fixture. Should either party sell or otherwise relinquish its ownership interest in the
<br />PROPERTY, the party relinquishing its ownership and interest shall remove its personal
<br />property unless the DISTRICT, FIND and the COUNTY jointly agree to some other
<br />method of disposition. Should either party sell or otherwise relinquish its ownership interest
<br />in the PROPERTY, the other party shall have a right to purchase said interest on the same
<br />terms and conditions as any prospective valid conveyances for consideration. Such right
<br />shall be exercised in writing within 30 days from notice of prospective sale/ relinquishment
<br />of ownership interest.
<br />11. Each party shall pay all lawful debts incurred by the party with respect to the
<br />PROPERTY and shall satisfy all liens of contractors, subcontractors, mechanics, laborers
<br />and materialmen with respect to any construction, alteration and repair in and on the
<br />PROPERTY, and any improvements thereon authorized by either party, its agents, or
<br />employees, and shall to the extent permitted by law, indemnify the other party against all
<br />legal costs; and charges, including attorneys' fees reasonably incurred and reasonable
<br />attorneys' fees on appeal, in any suit involving any claims, liens, judgments or
<br />encumbrances suffered by either party as a result of the use or occupancy of the
<br />PROPERTY or any part thereof by either party, its agents or employees. Further, neither
<br />party shall have any authority to create any liens for labor or material on or against the other
<br />party's interest in the PROPERTY, and all persons contracting with either party for the
<br />construction or removal of any structure, or for the erection, installation, alteration or repair
<br />of any structure or improvement on the PROPERTY, including all materialmen,
<br />contractors, mechanics and laborers involved in such work shall be notified by the party
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