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3120180073359 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3168 PG: 1180 Page 1 of 16 12/62018 9:56 AM D DOCTAX PD $0.70 This instrument prepared by: Record and return to: Kevin M. Barry, Esquire ROSSWAYSWAN TIERNEY' BARRY LACE & OLIVER, P.L. Attorneys at Law 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960 Telephone: (772) 231-4440 ACCESS & UTILITIES EASEMENT THIS ACCESS & UTILITIES EASEMENT is executed on the dates set forth below by and among STAR SUITES BY RIVERSIDE THEATRE, LLC, a Florida limited liability company, whose address is 3250 Riverside Park Drive, Vero Beach, Florida 32963 (hereinafter referred to as "Grantor"), DT COMMONS, LLC, a Florida limited liability company, whose address is 3001 Ocean Drive, Suite 203, Vero Beach, Florida 32963 (hereinafter referred to as "DT"), and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1801 27th Street, Building A, Vero Beach, Florida 32960 (hereinafter referred to as "I.R.C.", and collectively with DT the "Grantees" and each individually a "Grantee"). Each of Grantor, DT and I.R.C. may be referred to herein as a "Party" or collectively as the "Parties." WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain property (hereinafter referred to as the "Roadway Property") in Indian River County, Florida, which is legally described as set forth in EXHIBIT "A" attached hereto and incorporated herein by reference, Parcel ID No. 32-39- 26-00011-0210-00001.4; WHEREAS, DT is the owner in fee simple of certain property (hereinafter referred to as the "DT Property") in Indian River County, Florida, which is legally described as set forth in EXHIBIT "B" attached hereto and incorporated herein by reference, Parcel ID No. 32-39-26- 00011-0210-000001.2; WHEREAS, I.R.C. is the owner in fee simple of certain property (hereinafter referred to as the "I.R.C. Property") in Indian River County, Florida, which is legally described as set forth in EXHIBIT "C" attached hereto and incorporated herein by reference, Parcel ID No. 32-39-26- 00011-0230-000001.0; WHEREAS, the Parties desire Grantees to have certain access and utility rights over the Roadway Property, on the terms and conditions set forth herein. NOW THEREFORE, for valuable consideration, in hand paid and received, including the mutual promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: 1. The above recitals are affirmed as being true and correct and are hereby incorporated herein by reference. Page 1 of 6