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-7 This document 1907002 aid should be returned to THIS DOCUMENT HAS BEEN the County Attorney 's Office RECORDED IN THE PUB -IC RECORDS 1801 27th Street This Instrument Prepared By: OF INDIAN RIVER COUNTY FL Pattie I. Scott BK: 2246 PG:B90, Pagel of 8 Vero Beach , Florida 32960 03.+03/2008 at 09:50 AM , Recurring Revenue Section Bureau of Public Land Administration JEFFREY K BARTON , CLERK OF COURT 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS EASEMENT EASEMENT NO. 40872 BOT FILE NO. 310232373 PA NO. 31 -256136-001 THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to Indian River CounZ Florida, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 14, Township 32 South, Range 39 East in the Indian River Indian River County, as is more particularly described and shown on Attachment A, dated March 22, 2007. TO HAVE THE USE OF the hereinabove described premises from November 9. 2007, the effective date of this easement. The terms and conditions of and for which this easement is granted are as follows: 1 . USE OF PROPERTY: The above described parcel of land shall be used solely for an intake channel to a siltation basin associated with a water treatment plant and Grantee shall not engage in any activity except as described in the State of Florida Department of Environmental Protection, Consolidated Environmental Resource Permit No. 31-256136-001, dated November 9. 2007, incorporated herein and made a part of this easement by reference. All of the foregoing subject to the remaining conditions of this Easement. 2. EASEMENT CONSIDERATION: In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i.e. they shall begin to accrue on the date that the amended rules become effective. 3 . RIGHTS GRANTED : The rights hereby granted shall be subject to any and all prior rights of the United States and any and all prior grants by the Grantor in and to the submerged lands situated within the limits of this easement. 4. DAMAGE TO EASEMENT PROPERTY AND IN"1�RFERENCE WITH PUBLIC AND PRIVATE RIGHTS Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 5. GRANTOR'S RIGHT TO GRANT COMPATIBLE USES OF THE EASEMENT PROPERTY: This easement is nonexclusive, and the Grantor, or its duly authorized agent, shall retain the right to enter the property or to engage in management activities not inconsistent with the use herein provided for and shall retain the right to grant compatible uses of the property to third parties during the term of this easement. 6. RIGHT TO INSPECT: Grantor, or its duly authorized agent, shall have the right at any time to inspect the works and operations of the Grantee in any matter pertaining to this easement. 7. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS : The Grantee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 76825, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 8 . VENUE: Grantee waives venue as to any litigation arising from matters relating to this easement and any such litigation between Grantor and Grantee shall be initiated and maintained only in Leon County, Florida. 9. ASSIGNMENT OF EASEMENT: This easement shall not be assigned or otherwise transferred without prior written consent of the Grantor or its duly authorized agent. Any assignment or other transfer without prior written consent of the Grantor shall be null and void and without legal effect. [401