HomeMy WebLinkAbout2010-309 S . r ,
MEMORANDUM OF AGREEMENT BETWEEN 016 , 36 ct
INDIAN RIVER COUNTY
AND
MARINE RESOURCES COUNCIL OF EAST FLORIDA, INC .
This Agreement is entered into this Nday of - - � i"^ , 2010 between Indian
River County , a political subdivision of Florida , by and through its Board of County
Commissioners , (hereinafter referred to as " County" ) , and the Marine Resources Council of East
Florida, Inc . , a non -profit corporation registered in the State of Florida (hereinafter referred to as
" MRC " ) .
WITNESSETH :
WHEREAS , the parties herein wish to manage as a resource buffer with public access
adjacent to the St . Sebastian River (hereinafter referred to as the " St . Sebastian River
Greenway ") an assemblage of approximately 1. 2 . 74 acres of public and private lands situated
along the west bank of the St . Sebastian River, east of the Sebastian River Landing platted
development within the incorporated limits of the City of Sebastian ; and
WHEREAS , two adjacent parcels in the land assemblage (hereinafter referred to as the
" Russell North Parcels " ) , totaling approximately 4 . 86 acres , were purchased by the County in
March 2010 through the County ' s Environmental Lands Program , such parcels depicted in
Attachment A ; and
WHEREAS , two parcels of land in the assemblage , totaling approximately 7 . 88 acres
immediately south of the Russell North Parcels , were purchased in December 2005 by MRC
with a grant from the Florida Communities Trust (FCT) for conservation of such parcels ,
depicted in Attachment A ; and
WHEREAS , on March 14 , 2006 , the Indian River County :Board of County
Commissioners adopted Resolution 2006 - 039 , adopting a conceptual plan for the St . Sebastian
River Greenway ; and
WHEREAS , the County and the MRC wish to cooperatively manage the heretofore
referenced assemblage of land consistent with the conceptual plan for the St . Sebastian River
Greenway ; and
WHEREAS , the goal of this cooperative effort is to ensure that the parties cooperate to
develop and manage the St . Sebastian River Greenway land assemblage 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 passive recreational and educational opportunities ,
therefore , this Agreement provides for the limited interchange of services , personnel , equipment ,
and funds to achieve this goal ;
NOW THEREFORE , in consideration of the mutual promises and covenants contained
herein , the parties hereto do mutually agree as follows .
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I. Term - The term of this Agreement shall begin on the date first written above and shall
terminate on December 31 , 2020 , unless amended or extended as provided herein .
IL 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 managing the
St . Sebastian River Greenway land assemblage for conservation and passive recreational use .
B . Management of the St . Sebastian River Greenway land assemblage 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 Linder 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 fimding from private, local , state and federal
sources such that it can be maximized for the use , restoration , and management of the St .
Sebastian River Greenway land assemblage pursuant to the primary goal for these lands .
E. The obligations of all parties herein are subject to the availability of funding , and nothing
contained herein shall be construed as binding any party to expend any sum 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 MRC - MRC shall have and perform the following duties , obligations , and
responsibilities to the County .
A . Assist the County where possible with fundraising to accomplish the goals and objectives
of the St. Sebastian River Greenway Plan .
B . Implement natural resources restoration and management of the Russell North Parcels by :
1 ) eradicating nuisance exotic vegetation on the property and providing consultation and
funding for such eradication 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 annual 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 .
C . Provide 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 .
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D . Provide assistance with the design of signage for recognition of MRC , the County , agency
partners and public and private fielders , and to regularly cooperate and communicate with the
County , FCT , SJRWMD and other appropriate agencies any information pertinent regarding
the St . Sebastian River Greenway land assemblage .
IV. Duties of the County - The County shall have and perforin the following duties ,
obligations , and responsibilities to MRC .
A . Adopt , update and implement a management plan for the Russell North Parcels , with
consideration to the long-term management of non- County parcels within the St . Sebastian
River Greenway land assemblage .
B . Work with MRC to submit requests to the Florida Recreational Trails Program , and other
state and federal government grant programs as appropriate to construct and manage the St .
Sebastian River Greenway land assemblage .
C . Cooperate with MRC and others to provide on- site signage that appropriately recognizes
MRC, the County , agency partners and public and private funders of the St . Sebastian River
Greenway , and to generally promote the project using currently available means ( e . g .
website) .
D . Provide assistance to MRC with ongoing management of trails on the Russell North
Parcels .
E . Cooperate with MRC , FCT , and SJRWMD to ensure adequate management of trails and
facilities located outside of the North Russell Parcels and to communicate with MRC any
pertinent information regarding the St . Sebastian River 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 MRC are :
IRC : County Administrator
Indian River County
180127 th Street
Vero Beach , FL 32960
MRC : Executive Director
Marine Resources Council of East Florida, Inc .
3275 Dixie Highway, NE
Palm Bay , FL 32905
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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 .
MRC will procure and maintain insurance for its responsibilities on all St . Sebastian River
Greenway assemblage properties throughout the entire term of this Agreement as described in
Attachment C .
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 St . Sebastian River
Greenway land assemblage except for the MRC parcels .
X. Independent Contractor - In the performance of this Agreement , MRC is acting in the
capacity of an independent contractor and not as an agent , employee , partner, joint venturer , or
associate of the County . MRC is solely responsible for the means , method , technique , sequence ,
and procedure utilized by MRC in the full performance of this Agreement .
XI. Project Records - All records relating in any manner whatsoever to the project, which
are in the possession of MRC 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 1. 1. 9 , 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 MOU 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 .
XIII . Project 'Termination — The County may , at its sole discretion , terminate this
Agreement upon ninety (90 ) days notice to the MRC . Upon termination of this agreement , both
the MRC and the County shall be free of any obligation arising out of this agreement .
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INDIAN RIVER COUNTY , FLORIDA MARINE RESOURCES COUNCIL OF
EAST FLORIDA , INC .
By : C'.t -��t �... %c►-va.e. By : �2
Bob Solari , Chairman James ga , Exec ive Director
Board of County Commissioners.00 C0agotj
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APPROVED
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Indian River Coun � Attorney
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