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N' <br />AGREEMENT <br />AGREEMENT made this 9th day of February . 2021, by and between the Board of <br />County Commissioners of Indian River County, Florida (hereinafter "COUNTY") and Steve Martin <br />and Terrianne Martin, husband and wife (hereinafter, "OWNERS") <br />WHEREAS, COUNTY is in the process of acquiring certain lands necessary for the <br />widening and improvement of 6e Avenue as well as lands necessary to make improvements on <br />intersecting side streets such as 6e Street; and <br />WHEREAS, OWNERS own certain real property abutting 65th Street; and <br />WHEREAS, a portion of the lands owned by OWNERS (herein designated as Parcel 304) = <br />are necessary for the COUNTY to make its planned improvements to 65th Street; and <br />WHEREAS, the COUNTY and OWNERS desire to amicably resolve all issues related to <br />the acquisition of Parcel 304 by COUNTY on the following terms and conditions:' <br />NOW, THEREFORE, COUNTY and OWNERS agree as follows: <br />1. The above -referenced recitals are true and correct and incorporated herein by reference. <br />2. Within twenty (20) days from the date of approval of this Agreement by the Indian <br />River County Board of County Commissions, OWNERS shall convey to COUNTY, by, <br />Warranty Deed, the parcel designated as Parcel 304 as legally described in attached <br />Exhibit A. Ad valorem real estate taxes for Parcel 304 shall be prorated as of the date of <br />closing. Non -ad valorem taxes shall be paid in full by the OWNERS. <br />3. OWNERS shall convey marketable title to Parcel 304 to COUNTY free and clear of any <br />mortgages, liens or other encumbrances of any nature. OWNERS shall obtain partial <br />releases of mortgage and such other documents as may be necessary in order.to convey _ <br />free and clear title to COUNTY. <br />4. Upon delivery of the above -referenced Warranty Deed and in consideration for the <br />conveyance, COUNTY shall: <br />S. Make payment to OWNERS in the amount of $27,500 for Parcel 304 less <br />prorated taxes and assessments. I- - - ._" - - <br />b. Make payment to OWNERS in the amount of $11,267.00 in reimbursement for <br />attorney's fees, expert costs and other costs and expenses of any nature. <br />C. At the time of construction of the 65' Street improvements by COUNTY, <br />COUNTY shall install a 20 feet wide concrete driveway and culvert with Mitered <br />end as depicted on the 65th Street Plan and Profile sheet attached as Exhibit B. <br />d. At the time of commencement of the 65th Street improvements by COUNTY, <br />COUNTY shall stake the new right-of-way/property line so that OWNERS may <br />install a new fence and gate at the new south property line. OWNERS shall be <br />fully responsible for all costs and expenses of the installation of the new fence ' <br />and gate. <br />e. OWNERS shall seek no other compensation or payment of any nature from <br />COUNTY arising from or related to the acquisition of the lands subject to this <br />Agreement. COUNTY shall be responsible for recording costs and documentary <br />stamps, if any, due concerning the above conveyance. <br />5. This Agreement is subject to and contingent upon approval of the Board -of County <br />Commissioners of Indian River County. In the event such approval is not obtained, this <br />Agreement shall be null and void and shall not be admissible in evidence in any Court <br />proceedings p to COUNTY'S acquisition of Parcel 304. <br />DA on the day and ye hove written. <br />Terrianne Martin, OWNER <br />