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INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY AND TOWN OF ORCHID FOR BEACH ACCESS FOR BEACH AND DUNE RESTORATION THIS INTERLOCAL AGREEMENT for ACCESS FOR DUNE RESTORATION ("Agreement") is entered into this day of , 2023 ("Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") and the TOWN OF ORCHID, a Florida municipal corporation ("Town"). BACKGROUND RECITALS A. Indian River County, local municipalities, and private property owners maintain beach and dune systems along the 22 miles of Indian River County Atlantic Ocean shoreline. As a result of adverse weather and tidal effects, Indian River County receives direct impacts to the beach and dune system; and B. The County and Town wish to cooperate in restoring said beach and dune system from adverse impacts caused by future hurricanes, tropical storms, heavy seas, nor-easters, king tides and general erosion (collectively "Dune Erosion Events"); and C. In response to future Dune Erosion Events, County and Town wish to establish a process by which the Town can utilize Golden Sands Beach Park ("Park") for beach and dune restoration efforts; and D. The County and the Town wish to enter into this Agreement in order to formalize the process for the Town's use of the Park for future dune restoration activities; and E. By entering into this Agreement, County and Town wish to terminate and replace the Interlocal Agreement Between Indian River County and Town of Orchid for Emergency Dune Restoration Due to Named Storms dated September 19, 2017, with this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and intending to be legally bound, the County and the Town agree as follows: 1. The background recitals are true and correct and form a material part of this Agreement. 2. County hereby authorizes Town to use the established beach access point at the Park for the limited purpose of delivering beach material and locating certain heavy equipment onto the beach to perform beach and dune restoration activities within the jurisdictional limits of the Town after Dune Erosion Events. Such work shall not occur during sea turtle nesting season, unless approved by the Florida Department of Environmental Protection. The dates of work shall be mutually determined by Town and County, and shall be subject to the following terms and conditions: 34