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<br />i itAGREEMENT 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 24th day of August, 2007 by and between Elbert C. Pickerill, Trustee of
<br />the Trust Agreement of Elbert C. Pickerill dated April 17, 1997 and Frances K. Pickerill, Trustee of
<br />the Trust Agreement of Frances K. Pickerill dated April 17, 1997 ("Sellers") and Indian River
<br />County, a political subdivision of the State of Florida ("County"), 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 1150 43rd Avenue, Vero Beach, County of
<br />Indian River, State of Florida and more specifically described in Exhibit "A," containing
<br />approximately 600 square feet, more or less, and all improvements thereon, together with all
<br />easements, rights and uses now or hereafter belonging thereto (collectively, the "Property").
<br />2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the Property
<br />shall be Eighteen Hundred Dollars & 00/100 ($1,800.00). 0.00). The Purchase Price shall be paid on the
<br />Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall
<br />have approved the execution of this Agreement, either by approval by the Indian River County Board
<br />of County Commissioners at a formal meeting of such Board or by the County Administrator
<br />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 (3 0) 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
<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 />4.3 There are no existing or pending special assessments affecting the Property, which are or may
<br />be assessed by any governmental authority, water or sewer authority, school district, drainage district
<br />or any other special taxing district.
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