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`t .620/Lf PURCHASE AND SALE AGREEMENT b i v- 0'43 /3 i oft THIS PURCHASE AND SALE AGREEMENT (the Agreement) is entered into as of the sth day of April, 2014, by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 (the County), and Cumberland Farms, Inc., a Delaware corporation authorized to do business in the State of Florida, whose address is 100 Crossing Boulevard, Framingham, MA 01702 (Cumberland). Cumberland and the County (the Parties) agree as follows: RECITALS WHEREAS, Cumberland has submitted an application to construct a convenience store with fuel service located at the northeast corner of Oslo Road and 27th Avenue in Indian River County (the 'Cumberland Development' ); and WHEREAS the County owns an 80 foot right of way strip of property in front of the Cumberland site parallel to Oslo Road. The strip is encumbered with a 30 foot wide access easement along the eastern edge of the 80 foot strip and benefits the property to the north of the strip (the "Initial Easement) The 80' strip and the Initial Easement are shown on the aerial photo, attached as Exhibit "A"; and WHEREAS, Cumberland seeks to expand the width of the easement in order to accommodate semi tractor -trailer deliveries, a sidewalk, and general ingress/egress for the Cumberland Development, all as shown on the sketch and legal description attached as Exhibit "B"; and WHEREAS, for the consideration and terms as set forth herein, the County shall convey an access easement to Cumberland over the property described in Exhibit "B" (the Property) for the use and benefit of its employees, guests and customers and those benefited by the Initial Easement, in accordance with the Easement attached hereto as Exhibit "C'; and WHEREAS, each Party agrees that this Agreement is in the best interest of the County and Cumberland, respectively. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree, as follows: 1. The above recitals are true and correct and are incorporated by this reference herein. 2. Agreement to Purchase and Sell and Grant. The County hereby agrees to convey to Cumberland a perpetual, non-exclusive easement, for access as shown on the sketch and legal description attached as Exhibit "B' in accordance with the Easement attached hereto as Exhibit "C". ORLDOCS 13368037 2