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hh 1485052 V � . THIS DOCUMENT HAS BEEN RECORDED pD IN THE PUBLIC RECORDS OF ° INDIAN RIVER COUNTY FL 0 BK : 1649 PGA287 , Pagel of 8 10/23/2003 at 09 :01 AM , D DOCTAX PD $0.70 JEFFREY K BARTON , CLERK OF COURT This Instrument Prepared By Pattie J. Scott S Recurring Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No . 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGN SUBMERGED LANDS EASEMENT NO . 40008 BOT FILE NO . 310225313 PA NO . 4-061 -56415 - 1 THIS EASEMENT is hereby granted by the Board of Trustees of the Internal Improvement Trust Fund of the State of ' Florida, hereinafter referred to as the Grantor. WITNESSETH: That for the faithful and timely performance of and compliance with the terms and conditions stated herein, the Grantor does hereby grant to Indian River County, Florida, hereinafter referred to as the Grantee, a nonexclusive easement on, under and across the sovereign lands, if any, contained in the following legal description : A parcel of submerged land in Section 23 , Township 31 South, Range 38 East, in San Sebastian River, v Indian River County, as is more particularly described and shown on Attachment A, dated May 7. 2001 . TO HAVE THE USE OF the hereinabove described premises from June 10, 2002, the effective date of this easement . The terms and conditions of and for which this easement is granted are as follows : 1 . USE OF PROPERTY : The above described parcel of land shall be used solely for public transportation purposes only by or under the supervision of the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION or such local governmental entity having maintenance responsibility. Grantee shall not engage in any activity except as described in the St . Johns River Water Management District Permit No. 4-061 - 56415 - 1 , dated August 7, 2001 , incorporated herein and made a part of this easement by reference . All of the foregoing subject to the remaining conditions of this Easement . 2 . EASEMENT CONSIDERATION : In the event the Grantor amends its rules related to fees and the amended rules provide the Grantee will be charged a fee or an increased fee for this activity, the Grantee agrees to pay all charges required by such amended rules within 90 days of the date the amended rules become effective or by a date provided by an invoice from the Department, whichever is later. All fees charged under this provision shall be prospective in nature; i . e. they shall begin to accrue on the date that the amended rules become effective . 3 . AUTOMATIC TERMINATION: This easement shall automatically terminate when, in the opinion of Grantor, the easement is not utilized for the purposes authorized. Any costs or expenses incurred by Grantor in removing Grantee or its property from the easement area shall be paid by Grantee. 4 . WARRANTY OF TITLE/GUARANTEE OF SUITABILITY OF USE OF LAND : Grantor neither warrants title to the lands described herein nor guarantees the suitability of any of the lands for any particular use. [41 ]