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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. SUTLER, CLERK <br />Prepared by and return to: <br />City Attorney <br />P.O. Box 1389 <br />Vero Beach; FL 32961-1389 <br />TEMPORARY CONSTRUCTION EASEMENT <br />(WATER LINE) <br />#2023-EG-281(TCE) <br />THIS INDENTURE made and entered into this ) a 07day of 2023, <br />"Effective Date's by and between INDIAN RIVER COUNTY, a politial subdivision of the <br />State of Florida: (hereinafter "GRANTOR" or "COUNTY'), whose mailing address is 1801 271h <br />Street, Vero Reach, Florida 32960, and the CITY OF VERO BEACH, FLORIDA, a Municipal <br />corporation (hereinafter "GRANTEE" or "CITY"), whose mailing address is P.O. Box 1389; <br />Vero Beach, Florida 32961-1389.. GRANTOR and GRANTEE may also be referred to herein <br />individually as a. "party" or collectively as the "parties." <br />WHEREAS, GRANTOR is the fee simple owner of certain lands situated in Indian. River <br />County, Florida, and more specifically described in Exhibit "A" attached hereto and made a part <br />hereof, which is located at GIFFORD DOCK PARK; and, <br />WHEREAS, GRANTOR HAS AGREED TO GRANT AND CONVEY TO GRANTEE, <br />a temporary non-exclusive access easement over, on, under, upon, and across the entire property <br />for the specific limited purposes set forth herein, <br />NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and <br />conditions set forth herein, together with other good and. valuable consideration provided to <br />GRANTOR, the adequacy and, receipt of which are hereby acknowledged, GRANTOR hereby <br />voluntarily grants, creates, conveys, and establishes a temporary easement for and in favor of <br />GRANTEE upon the Property described in Exhibit "A," which shall run with the Iand and be <br />binding on the GRANTOR, and shall remain in full force and effect for the duration provided <br />below. <br />The scope, nature, and character of this Temporary Construction Easement shall -be: <br />1. For the construction of an underground pipeline containing. water for service to John's <br />Island; including site work, preparation, maintenance; repair; access, and testing. <br />2. GRANTEE shall restore the Property to the condition that existed prior to any work <br />being conducted and permitted hereunder, normal wear and tear excepted. <br />3. GRANTEE shall, at its own cost and expense, obtain all necessary permits and <br />authorizations required by local, state, or federal authorities prior to the start of construction work <br />at the Premises. <br />4. GRANTEE shall hold the GRANTOR harmless on and indemnify against any claims, <br />causes of action, demands, or suits arising. out of its use of this temporary construction easement <br />for the construction of the pipeline at or on the. Premises, for any and all negligent acts caused by <br />Page 1 of 3 <br />N\Departments\Water & Scwer\BASEMENTS\202311RC- Gifford Dock\2023.8.14 - Teinporary Construction. Easement 112023-E0•281(TCE),docx <br />