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<br />( ()I II N, NOKRIS..SC'IIERFR. IVFINI'.I R(,I-I(r N'OI ,\III(
<br />712 U S IIR ;I I\\'AY ONE. SUFr3: 400
<br />NOI4I11 I'.\I NI ISFACII, F1..34108
<br />(,RANT OF NON-EXCLUSIVE EASEMENT
<br />FOR LANDFILL GAS EQUIPMENT AND PIPELINE
<br />THIS EASEMENT is made, granted and entered into this 13thday of December, 2011, by
<br />INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a dependent special district of
<br />Indian River County, Florida, (hereinafter referred to as "Grantor"), to INEOS NEW PLANET
<br />BIOENERGY, LL(:, its successors and assigns, whose real property is adjacent to the real property of
<br />the Grantor, (hereinafter referred to as "Grantee).
<br />WITNESSETH
<br />That Grantor, for and in consideration of the Stun of Ten Dollars ($10.00) in hand paid by the
<br />Grantee and other good and valuable consideration, the receipt of which is hereby acknowledged, does
<br />hereby grant to the Grantee, its successors and assigns, a non-exclusive easement which shall permit
<br />Grantee authority to enter upon the Easement Properly of the Grantor, including the flare station pad
<br />constructed thereon, at any time during the Grantor's normal business hours and at other times upon
<br />receiving the Grantor's prior consent, which shall not be unreasonably withheld or delayed, to install,
<br />operate, maintain, service, construct, reconstruct, remove, relocate, repair, replace, improve, and
<br />inspect the Grantee's Landfill Gas Assets and other improvements that are located in, on, over, under,
<br />and across the Easement Property. The Grantee's Landfill Gas Assets include, but are not limited to,
<br />the Grantee's pipelines, wires, compressors, coolers, metering equipment, valves, controls and other
<br />related equipment for the measurement, transmission, connection, handling, monitoring and
<br />management of landfill gas (collectively, the "Facilities").
<br />The Easement Property hereby granted covers that certain land lying, situate and being in
<br />Indian River County, Florida, and being niore particularly described as follows:
<br />SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
<br />together with the right and privilege from time to time to reconstruct, inspect, alter, improve, enlarge,
<br />replace, remove or relocate such Facilities and with all rights and privileges necessary or convenient for
<br />the full enjoyment or use thereof for the herein -described purposes, including, but not limited to the
<br />right to cut and keep clear all trees and undergrowth and other obstructions within said area that may
<br />interfere with the proper construction, operation and maintenance of such Facilities, the right to mark
<br />the location of any underground Facilities by above -ground and other suitable markers and the right of
<br />ingress, and egress for personnel and equipment of Grantee, its contractors, agents, successors or
<br />assigns, over the adjoining lands of the Grantor, for the purpose of exercising and enjoying the rights
<br />granted by this easement and any or all of the rights granted hereunder.
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