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AGREEMENT TO PURCHASE AND SELL REAL DRI G 1 W A L { <br /> aoo7 - oW <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made <br /> and entered into as of the 15h day of Au ust, 2007 , by and between Indian River County, a <br /> political subdivision of the State of Florida (" County") , and <br /> Verna and William Wright, husband and wife ("Sellers") , 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 5791 85`h Street , Vero Beach , <br /> County of Indian River, State of Florida and more specifically described on Exhibit "A" attached <br /> hereto and incorporated by this reference containing approximately 6 , 375 square feet, and <br /> all improvements thereon , together with all easements , rights and uses now or hereafter <br /> belonging thereto ( collectively , the " Property") . <br /> MCI,Xv. <br /> 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price") for the 614n. 7 <br /> Property shall be nd ARd = 194 Dollars ($ 12� <br /> The Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement <br /> shall be the date upon which the County shall have approved the execution of this Agreement, <br /> either by approval by the Indian River County Board of County Commissioners at a formal <br /> 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 <br /> forthe 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 ") . Seiler 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 shall be of no further <br /> force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii) accept <br /> 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 <br /> would impair or otherwise affect title to any portion of the Property , and shall record no <br /> 1 <br />