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