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ORIGINAL <br /> � R <br /> JAI <br /> Ua7 <br /> AGREEMENTTO PURC]EIASE A TEMP )RA RY CONSTRUCTION <br /> EASEMENT <br /> THIS AGREEMENT TO PURCHASE A TEMPORARY CONSTRUCTION EASEMENT <br /> ("Agreement") is made and entered into as of the 3rd <br /> day of between Edward P . and Leona. Peterson (" Sellers ") and Indian River Coeuntyraolitic0 <br /> pal subdivis on <br /> of the State of Florida ("County") , who agree as follows : <br /> 1 . Agreement to Purchase Temporary Construction Easement. The Seller hereby agrees to grant <br /> to the County a temporary construction easement ( "Easement ") upon the terms and conditions set <br /> forth in this Agreement, that certain parcel of real property located at 4311 9th Place, Vero Beach. <br /> County of Indian River, State of Florida and more specifically described in Exhibit <br /> approximately 1 , 300 . 0 square feet ( 10 ' x 130 ') . A, containing <br /> 2 . Purchase Price Effective Date , Term . . The purchase price (the "Purchase Price ") for the shall <br /> Five-Hundred-Ninety-Eight-Dollars & 0 <br /> e Effective 0/ 100 ($ 598 . 00) . The Purchase Price shall be paid on the <br /> Closing Date . ThDate of this Agreement shall be the date upon which the County shall <br /> have approved the execution of this Agreement, either by approval by the Indian River County Board <br /> of County Commissioners at a formal meeting of such Board or by the County Administrator <br /> pursuant to his delegated authority. The term of this easement shall begin upon approval of this <br /> agreement by the Indian River Board of County Commissioners and will be in force from the date of <br /> commencement of the 43rd Avenue road project and expire 30 days after completion of the project . <br /> 3 . Closing . <br /> 3 . 1 The closing of the transaction contemplated herein ("Closing" and "Closing Date ") shall take <br /> place within 45 days following the Effective Date of this Agreement. The parties agree that the <br /> Closing shall be as follows : <br /> 3 . 2 The Seller shall execute and deliver to the County a Temporary construction easement over <br /> the property described in Exhibit A. <br /> 3 . 3 The County and Seller agree that the following personal property such as , fences landscaping <br /> material , irrigation and parking areas may be required to be removed . Indian River County shall <br /> replace or compensate for any improvements that are impacted and will deliver possession of the <br /> property to seller in the same or better condition than before the commencement of the project. <br /> 3 . 4 County shall pay the following expenses at Closing : <br /> 3 . 4 . 1 The cost of recording the Easement and any Documentary Stamps required to be affixed to the <br /> Easement. <br /> 4 . 0 Miscellaneous . <br /> 4 . 1 Controllin Law This Agreement shall be construed and enforced in accordance with the <br /> laws of the State ofFlorida. Venue shall be in Indian River County for all state court matters , and in <br /> the Southern District of Florida for all federal court matters . <br /> 4 . 2 Condemnation. In the event that all or an \ <br /> condemned for any public or quasi -public use or pu pose\o f if any acquis uired or <br /> do norbcondemnation <br /> proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have <br /> the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, <br /> or to proceed, subject to all other terms , covenants, conditions, representations and warranties of this <br /> Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; <br /> FAEngineering\aobert Webb\notice to own er\petersonP urchase �greenient. 43rd . doc <br />