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<br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE I
<br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made
<br /> and entered into as of the 20th day of August, 2007 by and between Indian River County, a political
<br /> subdivision of the State of Florida ("County"), and Robert W . Schlitt and Jo Ann Schlitt, husband
<br /> and wife , ("Seller"), who agree as follows :
<br /> 1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the County
<br /> hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement,
<br /> those certain parcels of real property located at 505 and 545 66'h Avenue, Vero Beach, County of
<br /> Indian River, State of Florida and more specifically described in Exhibit "A," Parcel 2 containing
<br /> approximately 13 ,212 square feet, and Exhibit "A" parcel 3 containing 6,608 square feet or for a
<br /> total land area of 19, 820 square feet . The land is zoned A- 1 , Agricultural, up to 1 unit per 5 -acres
<br /> with a Land Use classification of AG- 1 , 1 unit per 5 -acres, and all improvements thereon, together
<br /> with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property") .
<br /> In addition to the purchase of the land, which is $ 79, 000 . 00 or $ 3 . 98 dollars per square foot. It has
<br /> been deemed appropriate by means of an appraisal prepared by Peter D.Annfield,MAI State Certified
<br /> Appraiser that certain severance damages for external obsolescence and cost to establish landscape in
<br /> the amount of S21 ,000 . 00 be paid for a total amount of S100,000 . 00.
<br /> 2 . Purchase Price, Effective Date . The Purchase Price for the Property shall be One-Hundred
<br /> Thousand-dollars and 00/100 Dollars ($ 100,000. 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 subj ect 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.
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