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f3 . � . fQ <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> BETWEEN <br /> TIMOTHY E . AND JOSHANA TYNES <br /> AND INDIAN RIVER COUNTY <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement" ) is <br /> made and entered into as of the 12h day of December, 2008 , by and between Indian <br /> River County, a political subdivision of the State of Florida ("the County" ) , and Timothy E . <br /> Tynes , Joshana Tynes and Mermaid Carwash , Inc . ("Seller" ) , who agree as follows : <br /> WHEREAS, Seller owns property located at 1935 43`d Avenue , Vero Beach , Florida <br /> 32960 . A sketch and legal description of the property is attached to this agreement as <br /> Exhibit "A" and incorporated by reference herein ; and <br /> WHEREAS , the County is scheduled to expand 43`d Avenue in the near future and <br /> the road expansion will impact and affect Seller' s property; and <br /> WHEREAS, in order for the County to proceed with its road expansion plans , the <br /> County needs to purchase property to be used as right-of-way from landowners adjacent to <br /> 43`d Avenue ; and <br /> WHEREAS , the County has contacted Seller and has offered to purchase the entire <br /> parcel of property from Seller, approximately 0 . 47 acres to be used as right-of-way (the <br /> Property) ; and <br /> WHEREAS , Seller is represented by the firm of Tileston , Simon and Holloway, P . A . , <br /> David W . Holloway , Esq . , 1711 Gunn Highway, Odessa , FL 33556- 1909 ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , Seller and the County wish to avoid the risk , time and expense of <br /> litigation by entering into this agreement for sale and purchase of the Property; <br /> NOW, THEREFORE , in consideration of the mutual terms , conditions , promises , <br /> covenants and premises hereinafter, the COUNTY and SELLER agree as follows : <br /> 1 . Recitals . The above recitals are affirmed as being true and correct and are <br /> incorporated herein <br /> 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , <br /> and the County hereby agrees to purchase from Seller, upon the terms and <br /> conditions set forth in this Agreement , that certain parcel of real property located at , <br /> 1 <br />