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A TRUE COPY
<br />CERTIFICATION ON LAST PAGE
<br />RYAN L. BUTLER, CLERK
<br />3. Term. The term of this Agreement ("Term") is for 99 years, beginning on the Effective Date.
<br />4. Easement Fee. Grantee shall pay Grantor a one-time fee in the amount set forth on Schedule 1 attached
<br />hereto and made a part hereof ("Fee"). The Fee is due and payable on the Fee Payment Date. The "Fee
<br />Payment Date" is the earlier of (i) the Effective Date or (ii) the date Grantor and Grantee finalize the
<br />transactions resulting in this Agreement pursuant to the Letter of Intent — Indian River County, Sea Oaks
<br />Wastewater Plant — Communications Easement for Tower dated � L)VXP, t 7. , 2025.
<br />Grantee's failure to remit payment for the Fee pursuant to this paragraph shall be deemed to be a default
<br />under this Agreement.
<br />5. Termination. This Agreement may not be terminated by Grantor. In addition to other termination rights
<br />contained in this Agreement, this Agreement may be terminated by Grantee, upon 30 days' prior written
<br />notice to Grantor. Upon termination, Grantor and Grantee shall execute and record such documents
<br />reasonably required to terminate the Easements.
<br />6. Improvements; Utilities. Grantee and its Customers, may, at their discretion and expense, construct
<br />such improvements in, to, under and over the Easements, consistent with the uses specified in Sections 1
<br />and 2, all of which shall be deemed part of the Facilities. The Facilities shall remain the property of Grantee
<br />and its Customers, as applicable, and Grantor shall possess no right, title or interest therein. In the event
<br />that utilities necessary to serve the Facilities cannot be installed within the Easements, Grantor agrees to
<br />cooperate with Grantee and to act reasonably and in good faith in granting Grantee the right to locate such
<br />utilities on Grantor's Property without requiring the payment of additional fees. If necessary, Grantor shall,
<br />upon Grantee's request, execute and record a separate written easement with Grantee or with the utility
<br />company providing the utility service to reflect such right. Grantor agrees to cooperate with Grantee in
<br />obtaining, at Grantee's expense, all licenses and permits required for Grantee's and Grantee's Customers'
<br />use of the Easements and Grantor hereby irrevocably constitutes and appoints Grantee as its true and lawful
<br />attorney-in-fact, with full power of substitution and re -substitution, to apply for and obtain any and all
<br />licenses, permits, consents or approvals which may be required in connection with the use of the Easements
<br />by Grantee, in the name of Grantor or Grantee, as necessary to comply with applicable laws, statutes or
<br />regulations.
<br />7. Taxes. Grantor shall pay, on or before the due date, all present and future real property taxes, transfer
<br />taxes, penalties, interest, roll -back or additional taxes, sales and use taxes and all other fees and assessments
<br />(the "Taxes") attributable to Grantor's Property, this Agreement, and the Easements regardless of the party
<br />to whom such Taxes are billed. Grantee shall reimburse Grantor in full for any property taxes assessed
<br />against Grantor but directly attributed to the Facilities within thirty (30) days of Grantor's request for such
<br />reimbursement, provided that such request is accompanied by documentation reasonably supporting such
<br />request. Within ten (10) days of receiving a request from Grantee, Grantor shall furnish to Grantee a copy
<br />of each bill for any such Taxes and evidence of Grantor's payment of such bill. If Grantor fails to pay any
<br />Taxes when due, Grantee shall have the right, but not the obligation, to pay such Taxes on behalf of Grantor.
<br />Grantor shall reimburse Grantee for the full amount of such Taxes paid by Grantee on Grantor's behalf
<br />within five (5) business days of Grantor's receipt of an invoice from Grantee.
<br />8. Environmental Covenants and Indemnity. Grantor represents that it has not permitted or engaged in
<br />the use of, and has no knowledge of, any substance, chemical or waste (collectively "Hazardous
<br />Substance") located on, under or about Grantor's Property that is identified as hazardous, toxic or
<br />dangerous in any applicable federal, state or local law or regulation. No underground storage tanks for
<br />petroleum or any other Hazardous Substance, or underground piping or conduits, are or have previously
<br />Easement Agreement
<br />WEC-FL-78
<br />Sea Oaks
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