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ORIGMAL�4r <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made <br /> and entered into as of the day of May, 2008 by and between Indian River County, a political <br /> subdivision of the State of Florida ("County"), and Quang N . Nguyen and Le Thu Thi Tran, husband <br /> and wife, ("Seller"), who agrees as follows : <br /> 1 . Agreement to Purchase and Sell and Grant. The Seller hereby agrees to sell to the County, and <br /> the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this <br /> Agreement, that certain parcel of real property located at 2005 55`h Avenue , Vero Beach, County of <br /> Indian River, State of Florida and more specifically described in Exhibit "A," containing <br /> approximately 968 square feet or 0. 022 acres, $ 7,800 . 00 at $8 .00 per sq. ft, plus a premium of <br /> $ 1170. 00 totaling $8 , 970. 00. Zoning is RS -6, and all improvements thereon, together with all <br /> easements, rights and uses now or hereafter belonging thereto . <br /> 2 . Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the Property shall <br /> be Eight Thousand Nine Hundred Seventy and 00/100 Dollars ($ 8,970.00 . The Purchase Price shall <br /> be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the <br /> County shall have approved the execution of this Agreement, either by approval by the Indian River <br /> County Board of County Commissioners at a formal meeting of such Board or by the County <br /> Administrator pursuant to his delegated authority. <br /> 3 . Title. Seller shall convey marketable title to the Property by warranty deed free of claims, <br /> liens , easements and encumbrances of record or known to Seller; but subject to property taxes for the <br /> year of Closing and covenants, restrictions and public utility easements of record provided (a) there <br /> exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents <br /> County's intended use and development of the Property. <br /> 3 . 2 County may order an Ownership and Encumbrance Report with respect to the Property. <br /> County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver <br /> written notice to Seller of title defects. Title shall be deemed acceptable to County if(a) County fails <br /> to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures <br /> the defects within thirty (30) days from receipt of notice from County of title defects ("Curative <br /> Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title <br /> defects are not cured within the Curative Period, County shall have thirty (30) days nom the end of <br /> the Curative Period to elect, by written notice to Seller, to : (i) to terminate this Agreement, <br /> whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an <br /> additional 90 days; or (iii) accept title subject to existing defects and proceed to closing . <br /> 4 . Representations of the Seller. <br /> 4. 1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole <br /> owner of and has good right, title and authority to convey and transfer the Property, which is the <br /> subject matter of this Agreement, free and clear of all liens and encumbrances. <br /> 4 . 2 From and after the Effective Date of this Agreement, Seller shall take no action which would <br /> impair or otherwise affect title to any portion of the Property, and shall record no documents in the <br /> Public Records which would affect title to the Property, without the prior written consent of the <br /> County. <br /> 1 <br />