HomeMy WebLinkAbout2013-185 ! 714SIJ
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE WATERWAY VILLAGE HOMEOWNERS ASSOCIATION, INC.
AND
INDIAN RIVER COUNTY, FLORIDA
This Memorandum of Understanding (hereinafter "MOU") is made and entered into by
and between The Waterway Village Homeowners Association, Inc . , a Florida not-for-profit
corporation, and Indian River County, Florida, a political subdivision of the State of Florida.
Recitals
WHEREAS, DiVosta Homes, L .P . ("Developer") is in the process of developing a
residential subdivision and Development of Regional Impact known as Waterway Village in
Indian River County ; and
WHEREAS, the Developer, pursuant to a Developer' s Agreement, installed enhanced
landscaping along Waterway Village ' s 53 `d Street frontage, including landscaping within the
County' s right-of-way ; and
WHEREAS, the main entrance to Waterway Village is from 53rd Street; and
WHEREAS, the Waterway Village Homeowners Association, Inc. ("Association")
desires to maintain the enhanced landscaping within the right-of-way along Waterway' s 53 `d
Street frontage, for aesthetic purposes ; and
WHEREAS, the County agrees to permit the Association to maintain the enhanced
landscaping within the right-of-way along Waterway' s 53rd Street frontage;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other good and valuable consideration, the Association and County hereby agree as follows :
1 . The foregoing recitals are true and incorporated as if fully restated herein.
2 . Association agrees to maintain all landscaping materials, fertilization, and
irrigation furnished and installed by DiVosta Homes, L .P . along Waterway
Village' s 53rd Street frontage, including such landscaping in the County' s right-
of-way, at the Association' s own cost and expense .
3 . County agrees to permit the Association to perform the work described herein on
an as-needed basis as determined by the Association, and County waives any
permit or application fees which might otherwise be associated with work as
described herein within the County right-of-way-
4 , This MOU may only be modified in writing by mutual agreement of both parties.
5 . To the extent allowed by law, the County agrees to hold harmless the Association
from any liability which may arise from the Association ' s performance of the
work described herein.
6 . The Association shall defend, hold harmless, and indemnify the County, including
its County' s commissioners, employees, and agents from and against any and all
claims , causes of action, losses, damages, expenses (including reasonable
attorneys fees) and other liabilities of any type whatsoever, arising out of or
relating to Association' s negligence, intentional misconduct, or violation of this
MOU or applicable law.
T General Liability Insurance : The Association shall obtain and keep in force a
general liability insurance policy, occurrence based, with a general aggregate limit
of no less than $300,000. 00 and a single occurrence limit of $200,000 .00 . The
County shall be named as additional insured .
Workers Compensation and Employees Liability : The Association shall ensure
that any contractor or subcontractor providing labor pursuant to this
Memorandum of Understanding shall maintain Workers Compensation in
accordance with the laws of the State of Florida.
Automobile Insurance : If applicable, the Association shall ensure that any
contractor or subcontractor providing labor pursuant to this Memorandum of
Understanding shall maintain Automobile Insurance in accordance with the laws
of the State of Florida.
8 . This MOU may only be terminated by either party by providing ninety (90) days
written notice to the other party at the appropriate address below:
If to the Association : Waterway Village Homeowners Association, Inc .
c/o Capital Realty Advisors, Inc.
600 Sandtree Drive, Suite # 109
Palm Beach Gardens, FL 33403
With a copy to : Bruce Barkett
Collins, Brown, Caldwell, Barkett,
Garavaglia & Lawn, Chartered
P .O . Box 64-3686
Vero Beach, FL 32964-3686
If to the County: Indian River County
J:\Bruce\clients\Divosta Homes, L.P\MEMORANDUM OF UNDERSTANDING 8 . 14. 13 clean.docx
Public Works Director
1801 27h Street
Vero Beach, FL 32960
With a copy to : Dylan Reingold
County Attorney
Indian River County
1801 27h Street
Vero Beach, FL 32960
Wat Village Homeowners Association, Inc.
Name/Titleabooyi WQ`` "V' I4 06A ,
Date . Z
INDIAN RIVER COUNTY, FLORIDA
ATTEST : BOARD OF COUNTY COMMISSIONERS
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= U :
Joseph E . Flescher , Chairman
Deputy Clerk
'42� • t � . <�/Date : Se tember 17 , 2013
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Approved as to form and le al sufficiency: Approved as conforming to municipal
policy :
Dylan Reingold tJeph A. Baird
Coun Attorne y Administrator
County Y
J :\Bruce\clients\DiVosta Homes, L.P\MEMORANDUM OF UNDERSTANDING 8 . 14. 13 clean.docx