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This Instrument Prepared By: Pattie J. Scott Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 211`249 THIS DOCUMENT HAS KEEN RECORDED IN THE PUN,: T_IC RE: _:ORDS OF INDIAN RIVER COUNTY FL 8K: 2472 PG 762, Faget of 8 01/20/2011 at 09:07 AM, DOC: S74AFIS D $0.70 JEFf=REY K 6ARTON, C:I.. ARK Of C(:)URT BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS EASEMENT RECEIVED MODIFICATION TO RELOCATE AND INCREASE PREEMPTED AREA EASEMENT NO.: 40872 SEP 0 3 2010 BOT FILE NO.: 310232373 PA NO.: 31-256136-003 QEF Central pig 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 County, Florida, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereignty lands, if any, contained in the following legal description: 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 May 19, 2010. TO HAVE THE USE OF the hereinabove described premises from July 1, 2010, the effective date of this modified easement, through November 9, 2057, the expiration date of this modified easement. The terms and conditions on and for which this modified 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 the construction of a disposal area 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, and State of Florida Department of Environmental Protection Modified Permit No. 31-256136-003, dated July 1, 2010, incorporated herein and made apart of this easement by reference. All of the foregoing subject to the remaining conditions o 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. WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND: Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. 4. 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. 5. DAMAGE TO EASEMENT PROPERTY AND INTERFERENCE WITH PUBLIC AND PRIVATE RIGHTS: Grantee shall not damage the easement lands or unduly interfere with public or private rights therein. 6. 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. 7. 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. [441 l