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ORIGINAL '. - <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 23rd day of Auril 2007 by and between Jack W. Miller and Julia S . <br /> Miller, his wife, ("Sellers") and Indian River County, a political subdivision of the State of Florida <br /> ("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 6710 8`h Street, Vero Beach, County of <br /> Indian River, State of Florida and more specifically described in Exhibit "A," containing <br /> approximately 42 ,510 square feet or 0 .976 acres valued at $70,000 per acre, $68,320. 00 plus <br /> improvements located within said right-of-way valued at $ 12, 155 . 00(see inventory of improvements <br /> listing, Exhibit `B") . This property is zoned A- 1 , Agricultural 1 unit per 5 acres, 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 property plus <br /> the value of the improvements shall be Eighty Thousand Four Hundred Seventy Five Dollars <br /> ($ 80,475 . 00). The Purchase Price shall be paid on the Closing Date . The Effective Date of this <br /> Agreement shall be the date upon which the County shall have approved the execution of this <br /> Agreement, either by approval by the Indian River County Board of County Commissioners at a <br /> formal meeting of such Board or by the County 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 <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 /> 1 <br /> Standard Agreement to Purchase and Sell <br /> Real Estate — Jack W. Miller and Julia S. Miller, his wife <br /> Parcel ID No. 07-33 -39-00001 -0160-00001 . 0 <br /> F:\Engineering\Robert Webb\Miller8thst Agreement.doc <br />