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12.A. AND R SUM ERPLACE SEAWALL SETTLEMENT AND INTERIM AGREEMENT AND MEMORANDUM OF AGREEMENT (MOA) FOR DEVELOPMENT OF HABITAT CONSERVATION PLAN FOR SEA TURTLES - (SEA TURTLE SURVIVAL LEAGUE VS. INDIAN RIVER COUNTY - WNG /PARVUS /MCCOY /SIMPSON /STRAND /TRIMARCHE /GERSTNER) CARIBBEAN CONSERVATION CORP. - DEPARTMENT OF ENVIRONMENTAL PROTECTION The Board reviewed a Memorandum of March 10, 1999; letters of March 11, 1999; March 12, 1999; March 15,1999; and information regarding the Section 10 Permit Process: TO: James E. Chandler, County Administrator THROUGH: James W. Davis, P.E. Public Works Director FROM: Jeffrey R. Tabar, P.E. Coastal Engineer / SUBJECT: Revised Interim Agreement and Memorandum of Agreement (MOA) for the Development of a Habitat Conservation Plan (HCP) for Sea Turtles DATE: March 10, 1999 DESCRIPTION AND CONDITIONS During the Board of County Commissioners regular meeting on March 2, 1999, the Board reviewed and commented on the proposed Interim Agreement and Memorandum of Agreement (MOA) pertaining to the County's obligation to perform a Habitat Conservation Plan as a settlement to pending litigation. The Board recommended to continue communications with the Florida Department of Environmental Protection (FDEP) to revise the agreements to include the following items: 1) Increase the State contribution to 755 and decrease County contribution to 25* to fund the proposed Habitat Conservation Plan (HCP) . 2) The agreements shall include the Gerstner seawall located at 2035 Surfside Terrace, Vero Beach, FL. 32963. 3) The proposed HCP shall include the entire County shoreline including Federal, State and County property. 4) The agreements shall indicate that the FDEP has no objection to the County asking to include past purchases of oceanfront property as mitigation. MARCH 169 1999 -101- BOOK 108 FAGS.