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IWoo s' 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 .