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The pedestrian ingress/egress easement and maintenance easement are <br /> expressly conditioned on covenants on the part of Grantee , its successors and <br /> assigns , which covenants are agreed to by accepting the benefit of these grants <br /> of easements as follows : <br /> 1 . Grantee , its successors and assigns shall at all times maintain a <br /> $ 300 , 000 liability insurance policy , naming Indian River County as an additional <br /> insured , with a reputable insurance company having an A . M . Best rating of A+ 5 . <br /> Failure to maintain insurance or lapse in the required minimum insurance will <br /> automatically terminate the pedestrian ingress/egress easement and <br /> maintenance easement. Since these easements do not serve a public park , the <br /> liability is with the Grantee as beneficial user. The Grantee indemnifies and <br /> holds County harmless from all damages to personal or real property for use of <br /> the easements as a means of ingress/egress and maintenance . <br /> 2 . The pedestrian ingress/egress easement is for canoeists and <br /> kayakers to enter from the eastern portion of Lot 12 to access the adjacent water <br /> estuary . The maintenance easement is for the purpose of removing all exotics , <br /> clearing , grading and stabilizing with sod and to maintain the landscaping and <br /> vegetation . <br /> 3 . Grantee shall not occupy the pedestrian ingress/egress easement <br /> and maintenance easement with any permanent or temporary <br /> aboveground/belowground structure . Additionally, Grantee shall provide a <br /> natural or manmade feature that would delineate the separation of Lot 12 from <br /> the pedestrian ingress/egress easement and maintenance easement property, <br /> e . g . , transition from marl parking area on Lot 12 to sod on Grantor' s property or <br /> an equivalent. The intent is to prevent the encroachment of boat and trailer <br /> storage and to restrict public vehicle access from entering onto the subject <br /> easements . <br /> 4 . Maintenance vehicles , for the purpose of maintaining landscaping <br /> and vegetation within the subject pedestrian ingress/egress easement and <br /> maintenance easement , are not precluded from ingressing and egressing the <br /> subject easements . <br /> And GRANTOR hereby covenants with said GRANTEE that the <br /> GRANTOR is lawfully seized of said servient land in fee simple , and that the <br /> GRANTOR has good right and lawful authority to convey the easements rn <br /> established hereby and will defend the same against the lawful claims of all <br /> persons whomsoever. <br /> N <br /> Q <br /> ry <br /> 2 <br /> F:\Attomey\Nancy\DOCS\PLAN\stormwater outfall pipe easement & maint. ease.doc <br />