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z! _ ZLA 0 <br /> �J t l T Z <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( " Agreement " ) is made <br /> and entered into as of the 24thday of May , 200 5 , by and between Indian River <br /> County , a political subdivision of the State of Florida ( " County" ) , and W . C . Graves , III , a / k/ a <br /> William C . Graves , III and Frances E . Graves , his wife ( collectively , " Seller" ) , who agree as <br /> 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 on the North side of 4th Street , <br /> approximately 700 feet East of 58th Avenue , County of Indian River, State of Florida and more <br /> specifically described on Exhibit "A " , attached hereto and incorporated by this reference , <br /> containing approximately 11 , 370 square feet ( . 26 acre ) , and all improvements thereon , together <br /> with all easements , rights and uses now or hereafter belonging thereto ( collectively , the <br /> " Property" . <br /> 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the <br /> Property shall beTwenty Two Thousand Seven Hundred Forty DollarsThe Purchase <br /> Price shall be paid on the Closing Date . The Effective udtc of this Agreement shall be the date <br /> upon which the County shall have approved the execution of this Agreement , either by approval <br /> by the Indian River County Board of County Commissioners at a formal meeting of such Board <br /> 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 /> 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 ueiiver 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 closil-19 . <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 /> F :\Public Works\Capita.) Projects\Misc . AEreements\Graves@4thStRevised I - 1 8 -05 . doc 1 <br /> 22 740 . 00 <br /> RETa wlv 70 x, rf <-OuAlh; '' <br />