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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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