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Prepared byand Return to:
<br />Indian River Associates U, LLLP
<br />1600 SavvgraaaCorponahe Parkway, Suite 400
<br />Sunrise, Florida OD323
<br />Attn: Steve He|fnan.Esq.
<br />TEMPORARY DRAINAGE EASEMENT
<br />THIS TEMPORARY DRAINAGE EASESEMENTUhe^Eeneme�� �executed �
<br />the (1 day of luatL. 2000. by INDIAN RIVER ASSOCIATES U. LLLP. a Florida limited
<br />liability limited padnemhip, having mailing address of 1600 Saw8naas Corporate Padiway, Suite 400,
<br />Sunrise, Florida 83323 (the "Grantor"), to and in favor of INDIAN RIVER COUNTY, a political subdivision
<br />of the State of Florida, having e mailing eddnoua of 1801 27^^ Street, Vern Beavh, Florida 32060 (the
<br />"Grantee"). Grantor and Grantee are sometimes referred to herein individually as a "Party' and
<br />collectively as the "Parties".
<br />WITNESSETH
<br />VVHEREAS. Grantor is the owner ofcertain mam| property located in Indian River County, Florida
<br />more particularly described onExhibit "A"attached hereto and made aport hereof (the "Easement Anea');
<br />and
<br />WHEREAS, Grantee desires tmobtain from Grantor atemporary, non-exclusive easement over
<br />and upon the Easement Area for the "Easement Purposes" (as hereinafter defined); and
<br />VVHEREA8. Grantor agrees togrant (o Grantee atempouary. non-exclusive easement over and
<br />upon the Easement Area for the Easement Purposes onthe terms, but subject tothe conditions, set forth
<br />herein,
<br />NOW, THEREFQRE, in consideration of the premises, the agreements and covenants set forth
<br />hereimmMer, and for other good and valuable onneidenaUon, the receipt and sufficiency of which are
<br />hereby acknowledged, the Parties, intending to be legally bound, do hereby agree as follows:
<br />The foregoing recitals are true and correct and incorporated herein by this reference.
<br />2. Grantor hereby grants unto Grantee atemporary, non-exclusive easement over and upon
<br />the Easement Area for the Easement Purposes on the tomns, but subject to the conditions, set forth
<br />herein.
<br />8. A) The easement granted herein shall be solely for and limited tnthe following uses
<br />and purposes (oo|mo0ve|% the "Easement Purposes"): (a) to construct such ditches, |gkme and other
<br />water conveyance systems and/or retention areas within the Easement Area necessary tocapture, carry
<br />and retain drainage for storm water runoff for the western half of 2»m 4��num SW from 251h Street SW to
<br />215t Street SW (the drainage provided by this Easement is referred to heroin as the "Drainage Cmpaniiy^);
<br />and (b) to instaU, nnaintein, oporoto, repair and rw9|ann such pipes, equipment and other facilities within
<br />the Easement Area for the purposes of capturing, carrying and retaining the storm water runoff drainage
<br />referred to in (a) above within and throughout the Easement Area. Any construction, installation,
<br />main{enanne, operatiVn, repair or replacements undertaken by Grantee pursuant to or inconnection with
<br />this Easement and the rights granted herein must comply with all n(atuten, rules, rmgu|aUono, ordinances,
<br />codes and permits (ino|uding.without limitation, the '^Pmrmit"(as hereinafter defined))and mhoU beotthe
<br />sole cost and expense nfGrantee.
<br />(i i) Grantee hereby acknowledges that Grantor has, as of the date of this Easement,
<br />partially constructed permanent drainage facilities (md|mntive|y.the "Grantor Facilities") omproperty owned
<br />
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