Okaloosa County BOCC — September 15, 2015 — SPGC easement

PERPETUAL EASEMENT AND HOLD HARMLESS AGREEMENT STATE OF FLORIDA COUNTY OF OKALOOSA THIS PERPETUAL EASEMENT AND HOLD HARMLESS AGREEMENT made on the day of , 2015 by and between ) Couavamds Posn bowe [lowse B.O.D. , as the Party of the First Part and OKALOOSA COUNTY A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, as the Party of the Second Part. WITNESSETH: That the First Party, in consideration of the sum of one (1) dollar and other valuable consideration paid, the receipt of which is hereby acknowledged, hereby grants unto the Party of the Second Part, its successors, and assigns, a perpetual easement and right of way for the purpose of (1) ingress/egress to Pond #1; (2) maintenance and demucking activities at Pond #1; (3) the removal of a weir located approximately 15-20 feet south of the storm drain inflow pipe; and (4)the modification of the weir located directly beneath the pedestrian/cart pathway. Such perpetual easement and right of way shall be upon and through the following described land in Okaloosa County, Florida: See Attachment “A” TO HAVE AND TO HOLD the same unto the Party of the Second Part, its successors and assigns, together with the right to enter upon said land, provided however, said Party of the Second Part shall not intentionally damage the contiguous land of the Party of the First Part. Further, the Party of the First Part will defend the title to said lands against all persons claiming by, through or under the said Party of the First Part. The Party of the Second Part agrees to modify the existing weir located beneath the pedestrian path in accordance with the plans therefor attached hereto as Attachment “B”. The Party of the Second Part further agrees that long term maintenance of Pond #1 shall be the responsibility of the County, and further, the Party of the Second Part is responsible for removal and disposition of material removed from Pond #1, unless otherwise requested. The Party of the Second Part agrees that the weir elevation will be modified to a level that is acceptable and agreeable between all parties involved. ‘The Party of the First Part acknowledges and understands all risks to downstream ponds, pools, streams, and other structures inherent in the operation of the gate valve, and in full recognition thereof does agree to indemnify and hold harmless the Party of the Second Part for any and all liability including damages caused by its construction and maintenance operations. IN WITNESS WHEREOF the Party of the First Part has hereunto set_its hand and seal on this the day of 2015. 4 Gl A e < Boutd Zhar e Witress ' — W ' Wltness %/Z@ 1 _ e BoniS mens b, (Seal) Date: ATTEST: Secretary IN WITNESS WHEREOF the Party of the Second Part has hereunto set its hand and seal on this the day of 2015 and has accepted the rights and obligations granted hereln OKALOOSA COUNTY, a Political Subdivision of the State of Florida (Seal) By: Nathan D. Boyles, Chairman ATTEST: JD Peacock II Clerk of Circuit Court