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10 -63 . 06 <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE a q _ 25 <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made <br /> and entered into as of the 3rd day of October , 2006 , by and between Indian River <br /> County, a political subdivision of the State of Florida ("County') , and Justo Manuel Hernandez <br /> and Blanca Lleo Hernandez, his wife ("collectively, "Seller") , 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 7135 66th Avenue , 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, and all improvements thereon , tos they with all <br /> easements , rights and uses now or hereafter belonging thereto (collectiv yro <br /> -� MN �r33 1000pl - � 9- t3 -oc <br /> 2 . Purchase Price Effective Date The purchase price (the "Purchase Price") for the WMN <br /> Property shall be Rfle ',JIR EAyed-SevPn#v Eivs Thsesana n„ n -s �gg.gg► Indian <br /> River County also agrees to pay the Pre-Payment Penalties if any, associated with the <br /> mortgage(s) on the property described on Exhibit "A" The Purchase Price shall be paid on <br /> the Closing Date. The Effective Date of this Agreement shall be the date upon which the County <br /> shall have approved the execution of this Agreement, either by approval by the Indian River <br /> County Board of County Commissioners at a formal meeting of such Board or by the County <br /> 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 /> 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 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 /> I ur N A L <br />