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TEMPORARY CONTRUCTION EASEMENT DEED (2015- /TCE) THIS INDENTURE made and entered into as of the day of , 2015, by and between SCHOOL BOARD OF INDIAN RIVER COUNTY (the "Grantor'), whose mailing address is 1990 25th Street, Vero Beach, Florida 32960, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (the "Grantee"), whose mailing address is 1801 27th Street, Vero Beach, Florida 32960: (Wherever used herein the terms "Grantor" and "Grantee" include all parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That Grantor is the owner in fee simple of that certain real property (the "Property") lying, situate and being in Indian River County, Florida and more particularly described as: PART OF THE EAST 1/2 OF EAST 1/2 OF THE SE 1/4 OF SE 1/4 AS FOUND IN DEED BOOK 67, PAGE 173 & PART OF SW 1/4 OF SW 1/4 OF SECTION 23 RANGE 32 TOWNSHIP 39 AS FOUND IN DEED BOOK 67, PAGE 173 LESS A PARCEL IN SECTION 23 DESCRIBED IN OFFICIAL RECORD BOOK 535, PAGE 322 The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee, its successor and assigns, a temporary construction easement ("Easement") for the purpose of installing landscaping for the 45th Street Beautification Project ("Project") on property located on the south side of Gifford Middle School, which Easement is more particularly described in Exhibit "A" (the "Easement Premises"), attached hereto and incorporated herein by reference, and which Easement shall run with and be a burden upon the Property for the duration of such Project. Grantor hereby reserves for itself, its successors and assigns, the right to use the Easement Premises for the purpose not inconsistent with the Easement granted herein, including without limitation, the right of ingress, egress and passage by Grantor and its employees, agents, customers, and invitees, over across, and through the Easement Premises. Grantor further grants to the Grantee, its agents, employees, contractors, and assigns, a general ingress/egress over and across the Property for any municipal or governmental purpose related to the purpose of the Easement. Grantee shall not be otherwise responsible for maintenance of the Easement Premises. THIS EASEMENT is granted under the following conditions: 1. Easement shall be for a period of thirty (30) days from commencement of construction on the Project. 2. Grantee shall occupy the premises for the purpose of installation of landscaping within the Easement or any extension thereof, and to leave the Easement Premises in substantially the same conditions as existed on the date this Easement Deed was executed. 1 88 :