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AGREEMENT FOR PURCHASE AND SALE • OF REAL PROPERTY, AND FOR A TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (the "Agreement") is made and entered into on December 1, 2004, by and between R FRANKLIN and HAY L. HARDY (the "Sellers") and the CITY OF CHARLOTTESVILLE, VIRGINIA (the "City") and the COUNTY OF ALBEMARLE, VIRGINIA (the "County"), both political subdivisions of the Commonwealth of Virginia (together, the "Purchaser"). The date upon which Sellers and Purchaser have both fully executed this Agreement shall be the "Effective Date" of this Agreement. WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Purchaser and Sellers hereby agree as follows: 1. Purchase and Sale. Sellers hereby agree to sell to Purchaser and Purchaser hereby agrees to purchase from Sellers, for the Consideration (as defined below) and upon the terms and conditions specified herein, the property more particularly described as that certain parcel of land, with improvements thereon and appurtenances thereto belonging, designated as "Parcel A" on the attached Plat by John McNair and Associates dated July 30, 2004, said property containing 2,640 square feet of land and being a portion of Parcel 34 on City Real Property Tax Map 53, said larger parcel being in all respects the same property conveyed to Sellers herein by deed of Countryhouse • Hotels; Limited Company dated April 1, 1998 and of record in the Clerk's Office of the Circuit Court of the City of Charlottesville in Deed Book 717, page 512, including any right, title and interest of Seller in and to adjacent roads, alleys and rights-of-way thereto and all improvements located thereon (collectively, the 'Property"). 2. Temporary Construction Easement. Sellers hereby agree to grant to Purchaser a temporary construction easement across the rear of Sellers' property at 417-419 Park Street, for use during the construction of a temporary access road connecting Old Fifth Street, S.W., and the existing alley running south from Hedge Street, and for the reconstruction of an existing retaining wall on the property located at 421 Park Street.- Purchaser shall, at its expense, cause a recordable plat to be prepared showing the specific boundaries of the temporary construction easement. Purchaser further agrees that it will (i) replace any ground cover disturbed as a result of the construction; (ii) reinstall or replace the existing white picket fence in the same location; (iii) provide replacement landscaping for any trees or shrubs removed as a result of the construction; and (iv) be responsible for the repair of any damage to Sellers' property resulting from the construction. The replacement landscaping will be subject to the prior approval of the Sellers. 2. Conveyance in lieu of Condemnation. This Agreement and the conveyance of the Property are not undertaken voluntarily by the Seller, in that Purchaser has asserted a necessity to acquire the Property for a public use, specifically for use as a Juvenile and Domestic Relations District Court facility, and the City Council of the City of Charlottesville has passed a Resolution dated August 2, 2004 authorizing the acquisition of the Property by eminent domain. In order to 0