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TEMPORARY CONSTRUCTION EASEMENT
<br /> THIS AGREEMENT , made and entered into this 4th day of October 2005 , by
<br /> and between THE CITY OF VERO BEACH , FLORIDA , a municipal corporation organized and
<br /> existing under the laws of the State of Florida , whose mailing address is P . O . Box 1389 , Vero
<br /> Beach , FL 32961 - 1389 , hereinafter referred to as "GRANTOR , " and INDIAN RIVER COUNTY ,
<br /> FLORIDA, a political subdivision of the State of Florida , whose mailing address is 1840 25th Street ,
<br /> Vero Beach , FL 32960 , hereinafter referred to as " GRANTEE , "
<br /> WITNESSETH :
<br /> WHEREAS , GRANTEE proposes to make improvements to the intersection of 41St Street
<br /> and 43rd Avenue , Vero Beach , Indian River County, Florida ( Indian River County Project No . 0236) ,
<br /> to include two lanes of traffic, turn lanes in each direction , with a center/turn lane transitioning up to
<br /> the intersection . In addition , GRANTEE proposes to install a culvert pipe and fill in the sublateral A-
<br /> 6 canal along the south side of 41St Street ; and
<br /> WHEREAS , it will be necessary to utilize a portion of GRANTOR ' S property , more
<br /> particularly described in the attachments to this Agreement, for the purposes stated above ,
<br /> NOW , THEREFORE , in consideration of One Dollar and other valuable consideration , the
<br /> receipt and sufficiency of which are hereby acknowledged , the GRANTOR , for itself, its successors
<br /> and assigns , does hereby grant , bargain , and convey to the GRANTEE , GRANTEE 's successors
<br /> and assigns , for the time period described herein , a temporary construction easement over, under,
<br /> across , and upon the following -described property situated in the County of Indian River, State of
<br /> Florida , and being more particularly bounded and described as follows :
<br /> [SEE EXHIBIT A, ATTACHED]
<br /> THIS EASEMENT is granted under the following conditions :
<br /> 1 . That this easement shall be in effect only until completion of the construction as
<br /> described herein .
<br /> 2 . That GRANTEE shall occupy the premises for the purpose of making improvements
<br /> to the intersection of 41 st Street and 43rd Avenue , Vero Beach , Indian River County , Florida ( Indian
<br /> River County Project No . 0236) , to include two lanes of traffic , turn lanes in each direction , with a
<br /> center/turn lane transitioning up to the intersection and to install a culvert pipe and fill in the
<br /> sublateral canal along the south side of 41St Street ,
<br /> 3 . That GRANTEE agrees to surrender possession of the premises upon the
<br /> completion of the construction as described above , and to leave the premises substantially the
<br /> same as it was on the date this Agreement was executed .
<br /> 4 . That GRANTEE shall indemnify and hold harmless GRANTOR from any claim or
<br /> damage that may arise as a result of the construction of the aforesaid improvements only to the
<br /> extent allowed by F . S . 768 . 28 .
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<br /> n .sti.pweng .easements . IRC.temp.const.police .firing .range .aug . 05-cpv.doc 9/12/2005 11 :25 AM
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