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<br /> AGREEMENT TO PURCHASE AND SELL REAFL ESTATE ,,� �© 7
<br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made
<br /> and entered into as of the 20th day of June , 2006 by and between Indian River
<br /> County , a political subdivision of the State of Florida (" County") , and Eleanor J . Williams Colvin
<br /> ("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 5285 66th Avenue , Vero Beach , County
<br /> of Indian River, State of Florida and more specifically described on Exhibit "A" attached hereto
<br /> and incorporated by this reference , and all improvements thereon , together with all easements ,
<br /> rights and uses now or hereafter belonging thereto (collectively , the " Property") .
<br /> 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price") for the
<br /> Property shall be Two Hundred -Fifty Thousand Dollars ($250 , 000 . 00) . The Purchase Price shall
<br /> be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which
<br /> the County shall have approved the execution of this Agreement , either by approval by the
<br /> Indian River County Board of County Commissioners at a formal meeting of such Board or by
<br /> 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 /> 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 .
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