HomeMy WebLinkAbout2017-064 MEMORANDUM OF UNDERSTANDING
BETWEEN
FOREST LAKE PROPERTY OWNERS' ASSOCIATION,INC.
AND
INDIAN RIVER COUNTY,FLORIDA
This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and
between Forest Lake Property Owners' Association, Inc., a Florida not-for-profit corporation
("Association"),and Indian River County, Florida,a political subdivision of the State of Florida.
Recitals
WHEREAS, the Association desires to maintain enhanced landscaping within the right-
of-way along the 1St Street, S.W. street frontage,for aesthetic purposes; and
WHEREAS the Countyagrees to permit the Association to install and maintain th
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enhanced landscaping within the right-of-way along the 1St Street, S.W. 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 install and maintain all landscaping materials, fertilization, and
irrigation along the lst Street, S.W. street frontage,in the County's right-of-way, at the
Association's own cost and expense, in accordance with the approved right-of-way
permit.
3. County agrees to permit the Association to perform the work described herein on an
as-needed basis as determined by the Association,and except for the initial permit fees,
the County waives any other annual 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. 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 the Association's
negligence, intentional misconduct,or violation of this MOU or applicable law.
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6. 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 contactor or subcontractor providing labor pursuant to this MOU 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 MOU shall maintain Automobile
Insurance in accordance with the laws of the State of Florida. Evidence of insurance
required per this MOU must be submitted to the County annually by May 1St of every
year.
7. If the Association does not comply with the terms of this MOU and the requirements
of the right-of-way permit, County has the authority to remove the landscaping and
irrigation in the County's right-of-way.
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: Forest Lake Property Owners' Association,Inc.
If to the County: Indian River County
Public Works Director
1801 271h Street
Vero Beach,Florida 32960
With a copy to: Dylan Reingold
County Attorney
Indian River County
1801 271h Street
Vero Beach, Florida 32960
Forest Lak 7operty O ner's Association,Inc.
Bye,-'
Name/Title! 410
Date: Po loyl
INDIAN RIVER COUNTY,FLORIDA
ATTEST: Jeffrey R. Smith, Clef ai lk BOARD OF COUNTY
Court and Comptro �sTKOMMISSIONERS
BY:
Deputy Clerk ;o eph . Flescher, airman
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'•�.R000N ..•• Date: May 2, 2017
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(SEAL)
Approved as to form and legal sufficiency:
Dylan Reingold Jason B own
County Attorney County Adm' istrator
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