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0 <br />A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY <br />AND THE TOWN OF INDIAN RIVER SHORES FOR <br />ANCHORING LIMITATION AREAS IN INDIAN RIVER SHORES, FLORIDA <br />This Agreement for Anchoring Limitation Areas ("Agreement") is made and entered by and <br />between Indian River County, a political subdivision of the State of Florida, whose address is <br />1801 27th Street, Vero Beach, Florida, 32960, ("County"), and the Town of Indian River Shores, <br />Florida, a municipal corporation, whose address is 6001 HighwayA1A, Indian River Shores, FL, <br />32963 ("Town") (each a "Party" and collectively referred to as the "Parties"). <br />RECITALS <br />A. WHEREAS, in 2021, the Florida Legislature amended Section 327.4108, <br />Florida Statutes, to allow counties to enact ordinances establishing anchoring limitation areas <br />adjacent to urban areas that have residential docking facilities and significant recreational boating <br />traffic; and <br />B. WHEREAS, Section 327.4108, Florida Statutes, also requires at least thirty <br />(30) days' prior notice to the Fish and Wildlife Conservation Commission ("FWCC") before <br />introducing this type of ordinance and that anchoring limitation areas be marked with signage and <br />buoys permitted by the FWCC; and <br />C. WHEREAS, Additionally, Section 327.4108, Florida Statutes, requires that <br />anchoring limitation areas be less than 100 acres in size, not include any portion of the marked <br />channel of the Florida Intracoastal Waterway, and not exceed, in total, ten percent (10%) of a <br />county's delineated navigable -in -fact waterways; and <br />D. WHEREAS, Town has requested County establish three (3) anchoring <br />limitation areas within the Town of Indian River Shores, as further described herein; and <br />E. WHEREAS, The Parties desire to enter into this Agreement to provide for the <br />necessary permits, signage, and buoys and enforcement and maintenance activities prior to <br />County enacting an ordinance establishing the anchoring limitation areas within the Town. <br />Now, therefore, for good and valuable consideration, the receipt and sufficiency of which <br />are hereby acknowledged, the Parties agree as follows: <br />1. Location. Town requests that County enact an ordinance designating Anchoring Limitation <br />Areas in accordance with Section 327.4108, Florida Statutes, the areas marked in Exhibit A attached <br />and incorporated by reference herein. Town warrants that all areas marked on Exhibit A are under <br />the exclusive control of Town and not the State of Florida, and do not include any portion of the marked <br />channel of the Florida Intracoastal Waterway. The enactment of an ordinance establishing the <br />Anchoring Limitation Areas is subject to approval by the Board. Town's execution of and performance <br />under this Agreement does not guarantee that the ordinance will be enacted. <br />