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AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br />THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreemei <br />entered into as of the 12thday of Jul y , 2005, br and between <br />COUNTY, a political subdivision of the State of Florida, 1840 25 Street, Vero E <br />("County"), and KEN McKELLAR, 125 Ocean Way, Vero Beach, FL 32963 ("S( <br />as follows: <br />1. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the <br />County hereby agrees to purchase from Seller, upon the terms and conditions <br />Agreement that certain parcel of real property described as parts of Property Y <br /># 32392200000100000007.0 located in Vero Beach, Indian River County, Stato <br />more specifically legally described on Exhibit "A" attached hereto and incor <br />reference containing approximately * acres (*acreage will be filled in upor <br />survey calculation of the size of the property to be purchased), and any improv( <br />together with all easements, rights and uses now or hereafter belonging thereto <br />"Property"). <br />2. Purchase Price, Effective Date. The purchase price (the "Purchas( <br />Property shall be $45,000 per acre based on exact calculation of acreage for tl <br />purchased. The Purchase Price shall be paid and title to the described p <br />conveyed on the Closing Date. The Effective Date of this Agreement shall b <br />which the Indian River County Board of County Commissioners approved the <br />Agreement at its formal meeting.*$45,000 per acre will be paid based on the ea <br />acreage for the parcel to be purchased as determined by a licensed surveyor. <br />3. Title. Seller shall convey marketable title to the Property by warranty del <br />liens, easements and encumbrances of record or known to Seller; but subject <br />for the year of Closing and covenants, restrictions and public utility easements c <br />(a) there exists at Closing no violation of any of the foregoing; and (b) none <br />prevents County's intended use and development of the Property ("Permitted <br />3.1 County may order an Ownership and Encumbrance Report or <br />Commitment with respect to the Property. County shall within fifteen (15) da <br />Effective Date of this Agreement deliver written notice to Seller of title defect! <br />deemed acceptable to County if (a) County fails to deliver notice of defects <br />specified, or (b) County delivers notice and Seller cures the defects within thirt, <br />receipt of notice from County of title defects ("Curative Period"). Seller shall uc <br />cure the defects within the Curative Period and if the title defects are not c <br />Curative Period, County shall have thirty (30) days from the end of the Curative <br />by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall <br />force and effect, or (ii) extend the Curative Period for up to an additional 90 dal <br />title subject to existing defects and proceed to closing. <br />1 <br />t") is made and <br />INDIAN RIVER <br />each, FL 32960 <br />Iler"), who agree <br />County, and the <br />set forth in this <br />appraiser's Tax <br />of Florida, and <br />porated by this <br />receipt of exact <br />�ments thereon, <br />(collectively, the <br />Price") for the <br />property to be <br />iperty shall be <br />the date upon <br />cecution of this <br />ct calculation of <br />1 free of claims, <br />► property taxes <br />record provided <br />if the foregoing <br />xceptions"). <br />Fitle Insurance <br />Is following the <br />Title shall be <br />within the time <br />(30) days from <br />best efforts to <br />ured within the <br />Period to elect, <br />be of no further <br />s; or (iii) accept <br />