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HomeMy WebLinkAbout2009-283A - � Oct l OF ?, cavy � �? 83 A MEMORANDUM OF AGREEMENT BETWEEN INDIAN RIVER COUNTY AND INDIAN RIVER LAND TRUST , INC . This Agreement is entered into this 5th day of November . , 2009 between Indian River County , a political subdivision of Florida, by and through its Board of County Commissioners , (hereinafter referred to as " County" ) , and the Indian River Land Trust , Inc . , a non-profit corporation registered in the State of Florida (hereinafter referred to as " IRLT " ) . WITNESSETH : WHEREAS , the parties herein wish to construct and manage as a public trail system with access to the Indian River Lagoon (hereinafter referred to as the "Lagoon Greenway") an assemblage of approximately 187 acres of public and private lands situated along the Indian River Lagoon east of Indian River Boulevard in an unincorporated portion of Indian River County ; and WHEREAS , a certain parcel of land in the Lagoon Greenway (hereinafter referred to as the "Flinn Tract") was purchased by the County through its Environmental Lands Program with funding assistance from the Florida Inland Navigation District (hereinafter referred to as " FIND " ) , and the St . Johns River Water Management District (hereinafter referred to as " SJRWMD " ) both of which hold a 25 % undivided interest in the parcel , depicted in Attachment A ; and WHEREAS , certain parcels of land in the Lagoon Greenway were purchased by IRLT for conservation of said parcels depicted in Attaclurrent A ; and WHEREAS , certain parcels of land in the Lagoon Greenway are owned in fee by FIND which may use such lands to manage dredging materials to maintain the Florida Intracoastal Waterway and FIND has agreed to provide a long-term lease for nominal consideration of a portion of its property , for limited recreational and educational use of existing trails and lagoon access points for establishment of the Lagoon Greenway ; and W1=IEREAS , certain lands in the Lagoon Greenway are owned by River Park Association LTD Partnership , a private landowner which, as part of its mitigation plans for a condominium development approved by the County , is in the process of granting access to its existing impoundment trails for recreational and educational use by the public of said existing trails as part of the Lagoon Greenway ; and WHEREAS , certain lands in the Lagoon Greenway are currently managed by the Indian River Mosquito Control District (hereinafter referred to as " IRMCD ") by agreements with the 10, Page I of 5 respective landowners of the Lagoon Greenway to control the levels of breeding mosquitoes on the property depicted in Attachment A ; and WHEREAS , IRLT has assisted the County by completing the Lagoon Greenway Plan which identifies the goals and objectives of the Lagoon Greenway and provides a schematic plan and timeline for construction of trails and related facilities for recreational and educational use ; and WHEREAS , the County has incorporated the Lagoon Greenway Plan into the management plan for the Flinn Tract ; and WHEREAS , the goal of this cooperative effort is to ensure that the parties cooperate to develop and manage the Lagoon Greenway in a manner that is consistent with respect to the common interest of conserving and protecting the varied habitats and providing for appropriate year-round recreational and educational opportunities , therefore , this Agreement provides for the limited interchange of services , personnel , equipment, and fiends to achieve this goal ; and WHEREAS , the IRLT Board of Directors , by unanimous vote , committed to assisting the County with design , development and management of trails and signage and with coordination of educational programs and other technical and stewardship assistance on the Lagoon Greenway and requires an agreement between the County and IRLT to ensure its fiduciary responsibilities are met with regard to the use of cash and other resources of the organization ; NOW TIIERE,FORE , in consideration of the mutual promises and covenants contained herein, the parties hereto do mutually agree as follows . L Term - The term of this Agreement shall begin on the date first written above and shall terminate on December 31 , 2019 , unless amended or extended as provided herein . II . Statement of Mutual Agreement It is mutually understood and agreed by the parties that : A . By working together the parties can achieve the mutual goal of successfully designing , constructing and managing the Lagoon Greenway . B . Management of the Lagoon Greenway lands for conservation purposes , coupled with recreational and educational purposes is a primary management goal for these lands . C . Equipment owned and used by any cooperating agency under this agreement for which the other is responsible will normally be operated, serviced , and repaired by the owning agency. Exceptions to this practice will be agreed to , in writing , by both parties . D . Additional funding will be needed to achieve the goals set forth in this Agreement . The parties shall work together to seek and leverage funding from private , local , state and federal sources such that it can be maximized for the use , restoration, and management of the Lagoon Greenway lands pursuant to the primary goal for these lands . Page 2 of 5 E . The obligations of all parties herein are subject to the availability of finding, and nothing contained herein shall be construed as binding any party to expend any stun in excess of available private dollars , state and federal grants or appropriations , or to involve any party in any contract or other obligation for further expenditure of money in excess of such grants , appropriations or private allocations . III . Duties of IRLT - IRLT shall have and perform the following duties , obligations , and responsibilities to the County . A . Assist the County where possible with fundraising from the community to accomplish the goals and objectives of the Lagoon Greenway Plan, including an initial commitment to provide up to $42 , 500 in funding for : 1 ) a natural resource survey of the uplands portion of the Flinn Tract ; and 2) design , engineering and permitting for construction of the Lagoon Greenway trails and facilities identified in Attachment A . B . Provide oversight of the aforementioned natural resource survey and the design , engineering and permitting process for construction of the Lagoon Greenway trails and facilities , including hiring and communicating with appropriate consultants/engineering firin(s) and communicating with the County for its review and approval of all related work pursuant to the agreed upon schedule in Attachment B . C . Assist the County in implementing the natural resources restoration and management of the Lagoon Greenway by : 1 ) providing consultation and fielding as available ; 2 ) availing itself as the primary contact by telephone and through its website for users or nearby residents with questions or concerns ; 3 ) maintaining ongoing records of related events and/or incidents ; 4) providing quarterly reports to the County on issues of management and use ; and 5 ) coordinating a volunteers /friends group to assist with regular trail monitoring and clean-ups, stocking of kiosk maps , minor trail and facility repairs and other similar tasks . D . Assist the County with the provision of nature-based recreational and educational opportunities such as hiking, bird watching, and nature- appreciation walks by recruiting partner organizations and participants , and promoting and coordinating these opportunities within the community . E . Provide assistance with the design of signage for recognition of IRLT , the County , agency partners and public and private funders , and to regularly cooperate and communicate with the County, FIND , IRMCD , SJRWMD and other appropriate agencies any information pertinent regarding the Lagoon Greenway . IV . Duties of the County - The County shall have and perform the following duties , obligations , and responsibilities to IRLT . A . Adopt , update and implement a management plan for the Flinn Tract , with consideration to the long-term management of non- County parcels within the Lagoon Greenway . Page 3 of 5 B . Negotiate and , if an agreement can be reached, enter into a long-term lease for nominal consideration with FIND for limited recreational and educational use of its existing trails and lagoon access by the public and for emergency vehicle access . C . Work with IRLT to review and approve all aspects of the natural resource survey and the design , engineering and permitting pursuant to the agreed upon schedule outlined in Attachment B . D . Work with IRLT to submit requests to FIND , the Florida Recreational Trails Program , and other state and federal government grant programs as appropriate to construct and manage the Lagoon Greenway pursuant to the time schedule in Attachment B . E . Cooperate with IRLT and others to provide on- site signage that appropriately recognizes IRLT , the County , agency partners and public and private funders of the Lagoon Greenway , and to generally promote the project using currently available means (e . g . website) . F . Provide ongoing management of trails , packing and facilities located on the Flinri Tract . G. Cooperate with IRLT, FIND , IRMCD , and SJRWMD to ensure adequate management of trails and facilities located outside of the Flin-i Tract and to communicate with IRLT any pertinent information regarding the Lagoon Greenway . V. Notice - Except as otherwise provided in this Agreement any notice pursuant to Section VI and VII herein from either party to the other party must be in writing and sent by certified mail , return receipt requested , or by personal delivery with receipt . For purposes of all notices , the representatives of the County and IRLT are : IRC : Chief, Environmental Lands Program Indian River County 1801 27 `x' Street Vero Beach , FL 32960 IRLT : Executive Director Indian River Land Trust 1904 12 "' Court Vero Beach, FL 32960 VI . Amendments - The parties may amend this Agreement only by mutual written agreement of the parties . VII. Assignment of Interest - Neither party will assign or transfer any interest in this Agreement without prior written consent of the other party . VIII . Insurance — County represents that it is self- funded or insured for liability insurance . IRLT will procure and maintain insurance for its responsibilities on all Lagoon Greenway properties throughout the entire term of this Agreement as described in Attachment C . Page 4 of 5 IX. Permits - County is responsible to obtain and pay for all necessary permits , permit application fees , licenses or any fees required for development of the Lagoon Greenway except for the IRLT parcel . X. Independent Contractor - In the performance of this Agreement , IRLT is acting in the capacity of an independent contractor and not as an agent, employee , partner, joint venturer, or associate of the County . IRLT is solely responsible for the means , method, technique , sequence , and procedure utilized by IRLT in the full performance of this Agreement . XI . Project Records - All records relating in any mariner whatsoever to the project, which are in the possession of IRLT shall be made available to the County for inspection and copying upon written request of the County and shall be kept for a period of five ( 5 ) years after the completion of all work to be performed or as required by Chapter 119 , Florida Statutes (Public Records ) and schedules published by the Bureau of Archives and Records Management, whichever shall be greater . Additionally , said records shall be made available , upon request by the County to any State , federal , or other regulatory authorities and any such authority may review , inspect and copy such records , except as considered confidential under Chapter 119 , Florida Statutes . XII . FCT and Consistency with Bond Requirements - The Parties acknowledge and agree that : (i) if any properties subject to this MOA is also subject to FCT Requirements , should any inconsistencies occur, then the Parties will work together to resolve such inconsistencies so that the FCT Requirements will be met ; and (ii) the Property was purchased using bond proceeds from the tax exempt general obligation bonds issued by Indian River County and the use of the Property pursuant to this MOA must be consistent with the "bond covenants and restrictions " , including, without limitation , that any use of the Property must be open to the general public . INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER LAND TRUST, INC . B , � By : Wesley Davis , C naUMEM Ken rudens , Executive Director Indian River County Board of County Cornrnissioners ( ECC approved 11 / 3 / 09 ) Att o orate officer Attest '6--� �}j� G ) Sr•r+ r APPROVED AS TO FORM PRINT : Indian River County Attorney ' s Office Page 5 of 5 sow sail L It L I'M LII s4s . >a % + � x7 North 600 ' 300 ' 0 ' 600 ' arl sill Graphic Scale It � . Legend 5. Trail/Educational:Kill ff {►yry$, , 'v _ Public Places �� sop tior t r Parking ' It Picnic Site (� : PROVENCE BAY Sigrage - j ) _rrrrr Boardwalk �+ Greenway Planning Area I r ! T e 1 ' 1 . , Prnr used Emergency Accaas Roan Gate _� _ - - _ - 51nform ` Shoreline Viewpoints S Area # i@0f, el (ccnTguranontovary ) Information � � Educational Signage ew om Sign - Picnic Table(s) r r r r Upland Trail FLORIDA INLAND - Lagoon Viewing NAViGATION DISTRICT Fencing tim- - ee�� 'qnImpoundment Roads Imt stI 4A . ^ro•manon ! manon InformattiM Wetlands Sign Sins gnObservation deck0y g - Canoe Landing hlcle ;:.oINDIAN RIVEWIIdlifelLagoon Viewing cce$s1 , ! 77 • Sign • • COUNTY . Fishing w66 • • • • • (FLINN TRACTf; . . - Educational Signage . .Entrance _ - �! •-� � - 4� ,,= f Indian - ) RIVER PARK SSOCIAT ION River- l LDT PART ERSHIP Sio1matio^ r �• s�g� • - - Lagoon rnformatinn Sign 1WY rr 411141 �> I sv ImprovelElevate INDIAN RNER LANG TRI INC /; _ Trans . . t tLF t POTENTIALtionEXPANSION 7 ( - Observation Deck Wildlife Viewing t ' r Canoe Landing r, \ EducationAl �. r% - ylAI,- .CARE n o mala T�q '� REIT yij. Informati n5 Sign 4 Sign . A =r ' • • MkKEE BOTANICAQ.0 GA DEN INDIAN RIVER FARMS DR DIST vies It r _ Is t- It It t— Is 40 Is r�' = _ * .-tr4 4 an 1 'i3:rr�r . • Attachment • =101 rrr\617 JOE rrrrYrr. r : r '. roon'i U Lagoon Greenway Timeline (Prepared March. 2009) v�arg � F" z � �2 2009 2010 2011 � ; < Feb Mar Apr May June July AUQ Sep Oct Nov Dec Jan Feb Mar Apr May June July AugSep Oct Nov Dec Jan Feb Mar Q CC Lqc Orot an alConwnw* � W � � Indian River Management Plan P4zZ ^ s7 .. .. e Moab Wkh Cwon sd u► F Property Owners , Supporters and Advisory Committee Coordination < a Fz = a = oxrZ � Yp� �ilh U m C l4.T a NC Memorandum of Agreement ( MOA ) ° a n .ma P Design and Permitting F1 F.LN.D. Award �i a su DoWnrkafion CemN U F . I . N . D . Grant AWV lot U R.T.P. A d i a sub"bud Dabnrdnallan Crani April Recreation Trails Program Grant ( RTP ) tat ro�ao� Construction in =_ Z _ _ ; z � Attachment IRC refers to I .R.C ./F. I.N. D./S.J . R.W. M.D . Property U ATTACHMENT Ce INSURANCE REQUIREMENTS IRLT shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by IRLT , its agents , representatives , employees or subcontractors as follows COMMERCIAL GENERAL LIABILITY Coverage shall be afforded under a per occurrence form policy for limits not less than $ 1 , 000 , 000 General Aggregate , $ 1 , 000 , 0000 Products / Completed Operations Aggregate , $ 1 , 000 , 000 Personal Injury Liability , $ 1 , 000 , 000 each Occurrence , $ 50 , 000 Fire Damage Liability and $ 5 , 000 Medical Expense . AUTOMOBILE LIABILITY Coverage shall be afforded including coverage for all Owned vehicles , Hired and Non- Owned vehicles for Bodily Injury and Property Damage of not less than $ 1 , 000 , 000 combined single limit each accident . WORKERS COMPENSATION AND EMPLOYER ' S LIABILITY Coverage to apply for all IRLT employees at STATUTORY Limits in compliance with applicable state and federal laws . OTIIER INSURANCE PROVISIONS The policies are to contain , or be endorsed to contain , the following provisions : A . Commercial General Liability and Automobile Liability Coverages a . The Indian River County Board of County Commissioners , its officials , employees and volunteers are to be covered as an Additional Insured as respects : Liability arising out of activities performed by or on behalf of IRLT; products and completed operations of IRLT ; or automobiles owned , leased , hired or borrowed by IRLT . B . Workers ' Compensation and Employers ' Liability Coverages The insurer shall agree to waive all rights of subrogation against the County , for losses arising from work performed by IRLT for the County . C . All Coverages IRLT shall provide a Certificate of Insurance to the County with a thirty (30 ) day notice of cancellation . FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT BETWEI? N INDIAN RIVER COUNTY AND THE INDIAN RIVER LAND TRUST , A FLORIDA NON -PROFIT CORPORATION , FOR TIIE LAGOON GREENWAY PROJECT BACKGROUND RECITALS At its November 3 , 2009 meeting , the Board of' County Commissioners for hidian River County (" Board " ) approved a Memorandum of Agreement (" MOA ") with the Indian River and ' Frust ( " IRLT " ) for an Indian River lagoon greenway management L plan . 'rhe MOA set forth the process to construct and manage 187 acres of public and private lands situated along the Indian River Lagoon east of Indian River Boulevard in an unincorporated portion of the County . NOW . " l� l IEREFORE , the parties to this amendment agree as follows : I . ATTACHMENT C . INSURANCE RI � QUIREMENTS ofthe oripinal MOA , shall be modified to strike Paragraph B under OTHER INSURANCE PROVISIONS , Workers ' Compensation and Employers ' Liability Coverages , stating that " The insurer shall agree to waive all rights of subrogation against the County , for losses arising from work performed by IRI IT tor the County " . IN WITNESS WI IEREOF , this AMENDMENT is executed by the duly authorized representatives of the parties and this AMENDMENT shall become effective as of the day and year associated with the signature of the Chairman to the Board of' County Conlin ISSloners , 11 , 0111ll .�V ! \ 1 ) f : A \ IZ1Vl : lZ L �\ V' 1 ) 1 R1 ' S l . I \ C . D . ( > 13e � . . 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