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7xX AGREEMENT TO PURCHASE AND SELL REAL #RMNA & ao THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of August , 2007, by and between Indian River County, a political subdivision of the State of Florida ("County") , and Paul H. Freeman, As Trustee ("Seller") , who agree as follows : 1 . Agreement to Purchase and Sell . Whereas the Buyer is acquiring the Property for road purposes and is acquiring similar rights of way for the widening of 8th Street in Indian River County. The Buyer has the right of eminent domain in connection with the acquisition of road rights of way, and the parties agree that this Contract is being entered into in lieu of condemnation . In this regard , the Buyer has acquired other right of way along 8th to allow for the paving of 8th Street. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 6986 810 Street. Vero Beach (see attached Exhibit "A " County of Indian River, State of Florida and more specifically described on Exhibit "A" attached hereto and incorporated by this reference, containing approximately 4.52 acres, and all improvements thereon , together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property") . 2. Purchase Price, Effective Date . The purchase price (the "Purchase Price") for the parcel shall be Three Hundred Sixteen Thousand Four Hundred Dollars ($316,400. 00). The Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 2 . 1 In addition to the purchase price for the right of way, the Buyer or Buyer's Contractor agrees to: (a) move any fencing utilized by the Seller for pasture and which may be in the right of way, including any clearing , if required ; and (b) remove any citrus trees in the portion of the Property presently being cultivated for citrus production which overhangs the right of way or which need to be removed in order to allow for the maintenance of the Property as a citrus grove by the Seller. 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3. 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified , or (b) County delivers notice and Seller cures the defects within thirty (30) days from o . moi. L ( donlakI1CCI1190_1'lI1C 113Ytl mterllc� N I iu-rcJLncIICcfll m_ I 'll! , l:a.e_i "1lI( A LNN ) Ibn', ILrnid- „ - l - ag