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1644581 _ THIS DOCUMENT HAS BEEN RECORDED 6 IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FL BK : 1870 PG : 1024 , Pagel of 18 05/06/2005 at 08 : 56 AM , D DOCTAX PD $0 .70 JEFFREY K BARTON , CLERK OF COURT GRANT OF RESTORATION , ACCES § AND RECREATION EASEMENT THIS GRANT OF RESTORATION , ACCESS AND RECREATION EASEMENT (the " Agreement" ) , entered into this Irej day of Ma , , 2005 ) 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 25th Street , Vero Beach , Florida , 32960 , hereinafter called " County . " WITNESSETH WHEREAS , Grand Harbor is the fee simple owner of certain real property situated in Indian River County , Florida , which consists of approximately 416 acres and is contemplated for high -end residential development of approximately 750 or more units . A map and legal description of the real estate is attached as Exhibit "A" and incorporated by reference herein (the " Property" ) ; and WHEREAS , a portion of the Property lies adjacent to the Indian River (the " River") and contains approximately 62 acres of estuarine wetlands , as more particularly described on the map and legal description of attached as Exhibit " B " and incorporated by reference herein (the " Site ") ; and WHEREAS , due to earlier hydrological alterations to the wetlands , the wetlands are not functioning at their full potential and would benefit from improvements proposed by the County to remedy or modify such past alterations and to make the wetlands a more suitable habitat for fish , plants , and wildlife ; 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 " Project" ) . WHEREAS , Grand Harbor and the County intend that the Project will benefit the Property and that it will not negatively impact the Property or Grand Harbor' s development of the Property ; and 1