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I JjJ �J This document was prepared by �, y and should be returned to 1905353 THIS DOCUMENT HAS BEEN the County Attorney 's Office RECORDED IN THE PUBIC RECORDS 1801 27th Street OF INDIAN RIVER COUNTY FL BK: 2244 PG.525, Paget of 12 Vero Beach, Florida 32960 02,12212008 at 03 31 PM, JEFFREY K BARTON , CLERK OF COURT AGREEMENT FOR UTILITY EASEMENT THIS AGREEMENT FOR UTILITY EASEMENT (the "Agreement ' ), entered into this 9 day of ee- T*Wre. , 2007 , by GRAND HARBOR NORTH LAND LLC , a Delaware corporation , whose mailing address is 3755 7th Terrace , Suite 301 , Vero Beach , Florida , 32960 hereinafter called "Grand Harbor' to INDIAN RIVER COUNTY, a political subdivision of the State of Florida , whose mailing address is 1840 25 lh Street, Vero Beach , Florida , 32960 , hereinafter called "County . " WITNESSETH WHEREAS , Grand Harbor and the County entered into a Grant of Restoration , Access and Recreation Easement dated May 3 , 2005 and amended February 6 , 2007 , herein after referred to as the Agreement; and WHEREAS , the original Site lies adjacent to the Indian River (the 'River") and contains approximately 59 acres of estuarine wetlands (originally said to contain 62 acres under the May 3 , 2005 agreement) and on February 6 , 2007 , an additional 7 . 89 acres were added to the site , creating a total of 66 . 89 acres ; and WHEREAS , in accordance with the Agreement, the County has been working diligently with the various permitting agencies for approval of its Project; and WHEREAS , the County has requested that Grand Harbor permit the County to modify the Site to accept brine discharge from the North County Reverse Osmosis Drinking Water Plant, blend it with water from the Indian River in a system of detention ponds that will in turn flow into the Indian River and provide for the basis of improvement of the estuarine habitat and to provide for passive recreation in the form of boardwalks , fishing areas and nature trails (the "Spoonbill Marsh Project') ; and WHEREAS , The County is designing a pipeline from the North County Reverse Osmosis Drinking Water Plant to the Indian River at the Spoonbill Marsh Project site ; and WHEREAS , in order to have the brine discharge reach the Spoonbill Marsh Project, the County must obtain a utility easement from several landowners , including property owned by Grand Harbor; and WHEREAS , since execution of the Agreement, Grand Harbor has submitted an application to develop their property to the west of the Site and is currently designing roadways and utility easements within their property . The County agrees that 1