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A TRUE COPY
<br />Project No. 24-314 CEF: i I "KATION ON LAST PAGE
<br />Tract No. FLMEA-INDI-009, FLMEB-INDI-009, FLMEA-INDI-011, FLMEB-INDI-012 !dY`"' 6UTLER, CLERK
<br />A. To the extent authorized in Section 768.28, Florida Statutes, COUNTY hereby
<br />assumes all risks for damages, injuries, or loss to either property or persons,
<br />caused by, or arising out of, or resulting from, or in any way associated with the
<br />installation, construction, use, maintenance, repair or replacement of the
<br />Encroachment Area.
<br />B. The consent granted herein is limited exclusively to the proposed Encroachment
<br />upon the Owned Premises within the Easement Area. COUNTY shall not alter the grade
<br />or permit such alteration anywhere on the Easement Area without the prior express
<br />written consent of FGT.
<br />C. COUNTY shall at all times conduct all activities on the Easement Area in such
<br />a manner as not to unreasonably interfere with or impede the operation and maintenance
<br />of the Pipeline Facilities, as conducted in the past, present or future, in any manner
<br />whatsoever.
<br />D. Except as to the Encroachment, COUNTY shall not construct, plant or create
<br />additional improvements of any kind, including but not limited to, fences, sheds, irrigation
<br />or drainage systems, utilities other than the Encroachment, decking, pole barns, parking
<br />lots, roadways, pools, ponds, trees or shrubs within the confines of the Easement Area
<br />without the prior express written consent of FGT.
<br />E. COUNTY understands and agrees that FGT may not have the authority to
<br />grant COUNTY permission to construct the Encroachment in the Easement Area. This
<br />Agreement merely defines the terms by which FGT will not object, and that COUNTY will
<br />obtain permission for the Encroachment from the underlying fee owners? of the Lands or
<br />third parties having an interest in the Owned Premises. The consent granted by this
<br />instrument shall not constitute or be construed as a subordination, merger, assignment,
<br />conveyance or relinquishment of any of the right, title and interest of FGT under the
<br />provisions of the Easement Agreement.
<br />2. COUNTY agrees that the Encroachment and any additional approved
<br />improvements constructed or installed in the Easement Area shall be constructed in
<br />accordance with the Engineering and Construction Specifications detailed in Exhibit "A"
<br />attached hereto and made a part hereof. Installation, construction, maintenance, repair
<br />and replacement of the Encroachment shall be the sole responsibility, and performed at
<br />the sole cost and expense of COUNTY.
<br />3. To the extent authorized in Section 768.28, Florida Statutes, and subject to the
<br />limitations on liability and recovery contained therein, COUNTY agrees to indemnify,
<br />protect, and hold harmless FGT, its parent, affiliates, subsidiaries, and their directors,
<br />officers, employees, representatives, and agents (hereinafter "FGT Entities") from and
<br />against any and all actions or causes of action, claims, demands, liabilities, loss, damage,
<br />injury, suit, proceeding, judgment, cost or expense of whatever kind or nature, including
<br />but not limited to reasonable attorneys' fees, caused by, or arising out of, or resulting
<br />from, or in any way associated with the installation, construction, use, maintenance, repair
<br />or replacement of the Encroachment, or from the COUNTY's operation, maintenance,
<br />use, or presence of FGT's Pipeline Facilities upon or in the vicinity of the Encroachment
<br />Area except where such loss, cost, liability, or expense was proximately caused by the
<br />negligence or wrongful act or omission of FGT or its employees.
<br />In addition, and only to the extent authorized in Section 768.28, Florida Statutes,
<br />COUNTY agrees to indemnify, defend and hold harmless FGT and the FGT Entities from
<br />and against any liability, damage, claims, loss, cause of action, suit, proceeding,
<br />judgment, cost (including the cost or expense of environmental response, removal or
<br />remediation activities), fees or expense, including reasonable attorney's fees, arising
<br />from: (a) non-compliance with any laws, regulations and orders applicable to the
<br />ownership or the operation and maintenance of the Encroachment on the Property and
<br />the Encroachment Area described herein, and (b) any incidents, acts, releases,
<br />negligence, transactions or omissions, or conditions on or affecting the Encroachment
<br />Area caused by, or arising out of, or resulting from, or in any way associated with the
<br />installation, construction, use, maintenance, repair or replacement of the Encroachment
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