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40 <br />• <br />of the Florida Statutes, such as the emergency permit issued to the Summerplace <br />Petitioners and that the County's issuance of such permits has caused and will continue <br />to cause a "take" of endangered marine turtles; <br />WHEREAS the CCC has filed suit against the County in that certain case styled <br />Sea Turtle Survival League Inc v Indian River County, which is currently pending <br />before the Circuit Court of the Nineteenth Judicial Circuit for Indian River County, Case <br />Number 98 -171 -CA -05 (the "CCC Lawsuit"). In the CCC Lawsuit, CCC seeks, among <br />other things, the entry of a permanent injunction ordering the County to change its <br />temporary coastal emergency protection permit program to take additional steps to <br />protect against any possible "take" of marine turtles in Indian River County. <br />WHEREAS the CCC wants the County to develop a marine turtle habitat <br />conservation plan ("HCP"), and apply for and obtain a section 10 permit from the United <br />States Fish and Wildlife Service ("USFWS") under 16 United States Code 1539 that <br />incorporates the County's proposed HCP; <br />WHEREAS the benefits of suspending the uncertainty of pending litigation, <br />having the County pursue an HCP and obtain a section 10 permit, and other good and <br />valuable consideration has been exchanged by the parties to this agreement, and <br />receipt of such consideration from the other oartiac +o t.hi3 agre_nient _, . <br />_ � y��anis hereby <br />acknowledged; <br />NOW THEREFORE the parties signing this agreement agree as follows: <br />1. The County, through the Board of County Commissioners of Indian River <br />County, Florida, will enter into the memorandum of agreement ("MOR") with the <br />Department attached hereto as Exhibit A. <br />