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CONSENT TO LAND DEVELOPMENT AND USE OF REAL PROPERTY THIS CONSENT TO LAND DEVELOPMENT AND USE OF REAL PROPERTY (the "Consent") is entered into this _ day of , 2025, by and between the City of Fellsmere, Florida (the "City"), a municipal corporation validly formed and existing under the laws of the State of Florida, and Indian River County, Florida, a political subdivision of the State of Florida (the "Holder"). WITNESSETH WHEREAS, the City plans to construct for the general public's use a twelve -foot -wide stabilized sidewalk from Broadway to the western boundary of the St. Sebastian River Preserve State Park, a distance of approximately 8,200 linear feet, on real property commonly referred to as the "Rail Trail," which is more particularly described and depicted in the legal description and sketch of the project area attached hereto as Exhibit "A" and by this reference made a part hereof (the "Project Area"); and WHEREAS, while the City is the fee -simple owner of the lands within the Project Area, Holder maintains some reserved right, title, or interest in, on, under, or across such lands or in lands immediately adjacent to the Project Area; and WHEREAS, notwithstanding such right, title, or interest, Holder consents to the City's land development activities and use of the Project Area as more particularly set forth in this Consent. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions, the parties hereby promise and covenant on behalf of themselves, tenants in common, joint tenants, and all heirs, assigns, successors in interest and legal representatives, as follows: 1. Recitals. The foregoing recitals are true and correct, and made a part hereof. 2. Irrevocable. The consent and approval given by Holder to the land development and use of the lands within Project Area contemplated by this Consent are irrevocable. 3. Sovereign Immunity. Nothing contained in this Consent shall be construed as a waiver or attempted waiver of immunity from, or limitation of, liability the City or the Holder has under the Doctrine of Sovereign Immunity under the Florida Constitution and Florida Statutes, including but not limited to, Section 768.28 Florida Statutes, as amended. In the event any claim or lawsuit is brought against the City and/or the Holder, the City and/or Holder shall not be liable to pay a claim or a judgment by any one person or entity or any claim or judgment or portions thereof which when totaled with all other claims or judgments paid arising out of the same incident or occurrence, which exceeds the amount 96