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TEMPORARY DUNE RESTORATION EASEMENT This TEMPORARY DUNE RESTORATION EASEMENT ("Easement"), made and executed this day of October, 2008, by MARBRISA HOMEOWNERS ASSOCIATION, INC., a non-profit Florida corporation, whose address is C/O Elliott Merrill Community Management, 835 201h Place, Vero Beach, FL 32960, hereinafter called Grantor to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called Grantee, WITNESSETH: That Grantor, for and in consideration of the sum of ONE DOLLAR and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the Grantee a TEMPORARY BEACH RESTORATION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: THE REAL PROPERTY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF ("Easement Premises") This is a nonexclusive Easement with Grantor reserving the right to continued free use of the Easement Premises in a manner not inconsistent with the rights granted herein to Grantee, subject to the following terms and conditions: 1. Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication to or for the general public and this Easement shall be strictly limited to and for the purposes expressed herein. 2. Use. The Easement may be used by Grantee, its employees, contractors, subcontractors, agents, and assigns for the Grantee's beach restoration project known as the Baytree, Marbrisa, and Seagrape Trail Dune Restoration Project and shall include, without limitation, the right to use the Easement Premises for constructing, enlarging, repairing, replacing, and maintaining the beach and shoreline by filling with compatible sand, and for planting and maintaining native dune vegetation.