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10. TERMINATION: The Grantee, by acceptance of this easement, binds itself, its successors and assigns, to abide
<br /> by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Grantee,
<br /> its successors and assigns. In the event the Grantee fails or refuses to comply with the provisions and conditions herein set
<br /> forth or in the event the Grantee violates any of the provisions and conditions herein, this easement may be terminated by the
<br /> Grantor upon 30 days written notice to Grantee. If terminated, all of the above-described parcel of land shall revert to the
<br /> Grantor. All costs, including attorneys' fees, incurred by the Grantor to enforce the provisions of this easement shall be paid
<br /> by the Grantee. All notices required to be given to Grantee by this easement or applicable law or administrative rules shall be
<br /> sufficient if sent by U.S. Mail to the following address:
<br /> Indian River County, Florida
<br /> 1801 27's Street, Building A
<br /> Vero Beach, Florida 32960
<br /> The Grantee agrees to notify the Grantor by certified mail of any changes to this address at least ten (10) days before the
<br /> change is effective.
<br /> 11 . TAXES AND ASSESSMENTS: The Grantee shall assume all responsibility for liabilities that accrue to the
<br /> subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind
<br /> and description which are now or may be hereafter lawfully assessed and levied against the subject property during the
<br /> effective period of this easement which result from the grant of this easement or the activities of Grantee hereunder.
<br /> 12. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Grantee does not remove said structures
<br /> and equipment occupying and erected upon the premises after expiration or cancellation of this easement, such structures and
<br /> equipment will be deemed forfeited to the Grantor, and the Grantor may authorize removal and may sell such forfeited
<br /> structures and equipment after ten (10) days written notice by certified mail addressed to the Grantee at the address specified in
<br /> Item 10 or at such address on record as provided to the Grantor by the Grantee. However, such remedy shall be in addition to
<br /> all other remedies available to Grantor under applicable laws, Hiles and regulations including the right to compel removal of all
<br /> structures and the right to impose administrative fines.
<br /> 13 . ENFORCEMENT OF PROVISIONS : No failure, or successive failures, on the part of the Grantor to enforce any
<br /> provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or
<br /> render the same inoperative or impair the right of the Grantor to enforce the same upon any renewal thereof or in the event of
<br /> subsequent breach or breaches.
<br /> 14. RECORDATION OF EASEMENT: The Grantee, at its own expense, shall record this fully executed easement
<br /> in its entirety in the public records of the county within which the easement site is located within fourteen (14) days after
<br /> receipt, and shall provide to the Grantor within ten (10) days following the recordation a copy of the recorded easement in its
<br /> entirety which contains the O.R Book and pages at which the easement is recorded.
<br /> 15 . AMENDMENTS/MODIFICATIONS: This easement is the entire and only agreement between the parties. Its
<br /> provisions are not severable. Any amendment or modification to this easement must be in writing and must be accepted,
<br /> acknowledged and executed by the Grantee and Grantor.
<br /> 16. ACOE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the
<br /> Grantee shall obtain the U. S. Army Corps of Engineers (COE) permit if it is required by the COE. Any modifications to the
<br /> construction and/or activities authorized herein that may be required by the COE shall require consideration by and the prior
<br /> written approval of the Grantor prior to the commencement of construction and/or any activities on sovereign, submerged
<br /> lands.
<br /> IT ADDITIONAL STRUCTURES OR ACTIVITIES/EMERGENCY STRUCTURAL REPAIRS : No additional
<br /> structures shall be erected and/or activities undertaken, including but not limited to, dredging, relocation/realignment or major
<br /> repairs or renovations made to authorized structures, on, in or over sovereignty, submerged lands without the prior written
<br /> consent of the Grantor, with the exception of emergency repairs. Unless specifically authorized in writing by the Grantor, such
<br /> activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the
<br /> Grantee to administrative fines under Chapter 18- 14, Florida Administrative Code. If emergency repairs are required to be
<br /> undertaken in the interests of public health, safety or welfare, the Grantee shall notify the Grantor of such repairs as quickly as
<br /> is practicable, provided, however, that such emergency activities shall not exceed the activities authorized by this easement.
<br /> 18 . UPLAND RIPARIAN PROPERTY INTEREST: During the term of this easement, Grantee must have
<br /> satisfactory evidence of sufficient upland interest as defined in Rule 18-21 .003, Florida Administrative Code, to the extent
<br /> required by paragraph 18-21 .004(3)(b), Florida Administrative Code, in order to conduct the activity described in this
<br /> easement. If at any time during the term of this easement, Grantee fails to comply with this requirement, use of sovereignty,
<br /> submerged lands described in this easement shall immediately cease and this easement shall terminate and title to this
<br /> easement shall revert to and vest in the Grantor immediately and automatically.
<br /> Page 2 of 8 Pages
<br /> Easement No. 40872
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