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ORIGINAL -' <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE �C1 �' 3 7 �' <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made <br /> and entered into as of the 24ttay of October , 2006 , by and between Indian <br /> River County, a political subdivision of the State of Florida ("County") , and <br /> Devanand & Rookminee Maharaj ("Seller" ) , <br /> who agree as follows : <br /> 1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the <br /> 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 886692 Id Court County of <br /> Indian River, State of Florida and more specifically described on Exhibit "A" attached hereto and <br /> incorporated by this reference containing approximately 13068 square feet, and all <br /> improvements thereon , together with all easements , rights and uses now or hereafter belonging <br /> thereto (collectively, the " Property') . <br /> 2 . Purchase Price , Effective Date . The purchase price (the "Purchase Price") for the <br /> Property shall be three hundred nineteen thousand five hundred and 00/ 100 Dollars <br /> ($ 319 , 500 ) . The Purchase Price shall be paid on the Closing Date . The Effective Date of <br /> this Agreement shall be the date upon which the County shall have approved the execution of <br /> this Agreement, either by approval by the Indian River County Board of County Commissioners <br /> at a formal meeting of such Board or by the County Administrator pursuant to his delegated <br /> 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 <br /> for the year of Closing and covenants , restrictions and public utility easements of record provided <br /> (a ) there exists at Closing no violation of any of the foregoing ; and ( b) none of the foregoing <br /> prevents County's intended use and development of the Property (" Permitted Exceptions") . <br /> 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance <br /> Commitment with respect to the Property. County shall within fifteen ( 15) days following the <br /> Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be <br /> deemed acceptable to County if (a ) County fails to deliver notice of defects within the time <br /> specified , or (b ) County delivers notice and Seller cures the defects within thirty (30 ) days from <br /> receipt of notice from County of title defects ( "Curative Period ") . Seller shall use best efforts to <br /> cure the defects within the Curative Period and if the title defects are not cured within the <br /> Curative Period , County shall have thirty (30 ) days from the end of the Curative Period to elect, <br /> by written notice to Seller, to : (i ) to terminate this Agreement, whereupon shall be of no further <br /> force and effect, or ( ii ) extend the Curative Period for up to an additional 90 days ; or (iii ) accept <br /> 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 /> 1 <br />