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ORIGIN 70 <br /> AGREEMENT TO PURCHASE AND, SELL REAL ESTATE <br /> W <br /> THIS AGREEMENT T9 PURCHASE AND SELL REAL ESTATE ("Agreement") is made <br /> 1' and entered into as of theme ay of 31AX4 1 200_1 by and between Indian River <br /> Ca <br /> Ac <br /> ,County, a political subdivision of the State Florida (" County") , and Richard Rentschler and <br /> o 54aryann Rentschler , husband and wife , (collectively " Seller") , who agree as follows : <br /> i v <br /> > o <br /> o .sic o1 • Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the <br /> iz wCounty hereby agrees to purchase from Seller, upon the terms and conditions set forth in this <br /> cc . 4!4C that certain parcel of real property located at 4620 67tH Avenue (backs to 66tH <br /> cUJ � Avenue) , County of Indian River, State of Florida and more specifically described on Exhibit "A" <br /> attached hereto and incorporated by this reference containing approximately 4 . 62 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 <br /> Property shall be Two Hundred Seventy-Seven Thousand , Two Hundred Dollars ($277 , 200 . 00) . <br /> The Purchase Price shall be paid as follows : ''/2, or $ 138 , 600 . 00 shall be paid on the Closing <br /> Date . The second '/2 or $ 138 , 600 . 00 shall be paid on January 1 , 2008 . The second '/2 or <br /> escrowed , amount shall bear interest at 90% of the SBA rate , which is currently 4 . 88 % . The <br /> Effective Date of this Agreement shall be the date upon which the County shall have approved <br /> the execution of this Agreement, either by approval by the Indian River County Board of County <br /> Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his <br /> 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 <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 this Agreement shall <br /> be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 <br /> 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 /> F.Tublic Works\Capital Projects\66th Ave (SR 60 to CR 510)\66th Ave_LarutAcquisition\66th Ave ROW Agreements\Rentschler6-4-07.doc <br /> If <br />