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1P .1 R AL l E- 1061 lo I G I 'i8o k ad ° q - ,z 9S AGREEMENT TO PURCHASE A TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT TO PURCHASE A TEMPORARY CONSTRUCTION EASEMENT ("Agreement") is made and entered into as of the 17 day of November 2009 by and between Kevin Irby (" Sellers") and Indian River County , a political subdivision of the State of Florida ("County") , who agree as follows : 1 . Agreement to Purchase Temporary Construction Easement The Seller hereby agrees to grant t to the County a temporary construction easement ( " Easement " ) upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 1586 43rd Avenue, Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit " A, " containing approximately 3 , 330 . 0 square feet ( 10 ' x 330 . ') . 2 . Purchase Price , Effective Date , Term . . The purchase price (the "Purchase Price") for the shall be One- Thousand-Five-Hundred- Eighteen-Dollars & 00/ 100 ($ 1 , 518 . 00 ) . The Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . The term of this easement shall begin upon approval of this agreement by the Indian River Board of County Commissioners and will be in force from the date of commencement of the 43rd Avenue road project and expire 30 days after completion of the project . 3 . Closing . 3 . 1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement . The parties agree that the Closing shall be as follows : 3 . 2 The Seller shall execute and deliver to the County a Temporary construction easement over the property described in Exhibit A . 3 . 3 The County and Seller agree that the following personal property such as, fences landscaping material, irrigation and parking areas may be required to be removed . Indian River County shall replace or compensate for any improvements that are impacted and will deliver possession of the property to seller in the same or better condition than before the commencement of the project . 3 . 4 County shall pay the following expenses at Closing : 3 . 4 . 1 The cost of recording the Easement and any Documentary Stamps required to be affixed to the Easement . 4 . 0 Miscellaneous , 4 . 1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters , and in the Southern District of Florida for all federal court matters . 4 . 2 Condemnation . In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement , and the obligations of all parties hereunder shall cease , or to proceed , subject to all other terms , covenants , conditions , representations and warranties of this F : AEngineering\Robert Webb\notice to owner\irby Purchase Agretment. 43rd . doc