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X200 7- 290 a � AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement') is made and entered into as of the _ day of June, 2007 , by and between Indian River County, a political subdivision of the State of Florida ("County") , and Tylan Dean and Jeannette Parker, husband and wife , 600 Ohio Ave . , St. Cloud , FL 34769 ("Seller"), who agree as follows: 1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, a id the County hereby agrees to purchase from Seller, upon the terms and conditions set forth n this Agreement, that certain parcel of real property located in Indian River County, State of F orida and more specifically described on Exhibit "A" attached hereto and incorporated b� this reference , and any improvements thereon , together with all easements, rights and uses n )w or hereafter belonging thereto (collectively, the "Property") . 2. Purchase Price , Effective Date . The purchase price (the "Purchase Price") for the Property shall be Two Hundred Ninety Thousand Dollars ($290,000) . The P irchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be t ie date upon which the County shall have approved the execution of this Agreement, either iy approval by the Indian River County Board of County Commissioners at a formal meeting ( f such Board or by the County Administrator pursuant to his delegated authority . 3. Title and Environmental Assessment. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of i :cord or known to Seller; but subject to property taxes for the year of Closing and covenants , re: tractions and public utility easements of record provided (a) there exists at Closing no viola :ion of any of the foregoing ; and (b) none of the foregoing prevents County's intended use and ievelopment of the Property (" Permitted Exceptions"). 3. 1 Seller shall within twenty one (21 ) days after the Effective Date provide the County with a Title Insurance Commitment with respect to the Property. County shall within twenty one (21 ) days following receipt of the Title Insurance Commitment to 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 forty five (45) days from receipt of notice from County of title defects ("Curative Period") . Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing . 3.2 The County may at its option obtain a phase I environmental (hazardous materials) assessment of the Property within forty five (45) days after the Effective Date . County shall within fifteen ( 15) days following receipt of the ESA to deliver written notice to Seller of environmental defects . The environmental status of the Property 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 forty five (45) days from receipt of notice from 1 ATTACHMENT !}