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<br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE OIL
<br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement') is made
<br /> and entered into as of the 06"' day of September, 2006 by and between Indian River County, a
<br /> political subdivision of the State of Florida ("County"), and Charles W. Behler, Jr. and Kathleen M .
<br /> Behler, his wife, ("Seller"), who agree 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 8641 70`h Avenue (aka Powerline Road),
<br /> Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A,
<br /> Behler ROW" containing approximately 3 ,971 square feet, .091 acres, zoned A- 1 , Agricultural, and
<br /> all improvements thereon, together with all easements, rights and uses now or hereafter belonging
<br /> thereto. Additionally, the Seller agrees to grant to the County a 10-foot Easement for utility,
<br /> drainage, sidewalk and pedestrian purposes described in Exhibit "A, Behler Easement", containing
<br /> approximately 2, 828 . 50 square feet, (collectively, the "Property").
<br /> 2 . Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the Property shall
<br /> be Nine-Thousand-One-Hundred- Dollars and 00/ 100 Cents (S 9, 100 .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 from 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
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<br /> F:\Engineering\Robert Webb\powerlinerd\Behler - Agreement.doc _
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