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2. Within 20 days of the County Commission approving this Agreement as <br />described herein, the Defendant agree to do the following: <br />a. The Defendant will convey to the Petitioner clear title to the real <br />property described as the "Right of Way Parcel" on Exhibit A. (Parcel <br />110 containing 0.47 acres +/-) <br />3. The Petitioner agrees to construct an 18' wide driveway from 66th Ave onto <br />Parcel 110 during the planned 66th Avenue roadway widening project. <br />Depending on the engineering requirements, the driveway may extend into <br />Parcel 110, in which case Defendant agrees to give Petitioner a temporary <br />construction easement or right of entry to construct the driveway. <br />4. The Defendant agree to assume all risk regarding any drainage issues on <br />Parcel 110 and 111 resulting from the 66th Avenue roadway widening <br />project. <br />5. This entire Agreement is subject to and contingent upon approval by the <br />Indian River County Board of County Commissioners (Hereafter the Board). <br />The Petitioner will put this Agreement on the agenda for the next available <br />Board meeting and the County Staff will recommend Board approval of this <br />Agreement. If the Board fails to approve this Agreement, then this entire <br />Agreement is void. <br />6. Except as stated herein, all parties to this agreement further agree to bear <br />their own costs and fees. <br />7. The Petitioner will pay the entire cost of the mediation. <br />8. This agreement is final and binding as of the date and time it is signed by <br />or on behalf of the parties. <br />