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r <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> Z3 .4 <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made and <br /> entered into as of the 12th day of Jul Y. , 2005 , by and between INDIAN RIVER <br /> COUNTY , a political subdivision of the State of Florida , 1840 25th Street , Vero Beach , FL32960 <br /> ( "County" ) , and ROSE PERRY DAVIS , 1724 Riley Street , Orlando , FL 32805 ( " Seller" ) , who <br /> 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 described as parts of Property Appraiser' s Tax <br /> # 32392200000100000027 . 0 located in Vero Beach , Indian River County , State of Florida , and <br /> more specifically legally described on Exhibit "A" attached hereto and incorporated by this <br /> reference containing approximately 1 . 22 Acres , and any improvements thereon , together with all <br /> easements , 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 $ 54, 900 . 00 . The Purchase Price shall be paid and title to the described <br /> property shall be conveyed on the Closing Date . The Effective Date of this Agreement shall be <br /> the date upon which the Indian River County Board of County Commissioners approved the <br /> execution of this Agreement at its formal meeting . *$45, 000 peracre will be paid based on the exact <br /> calculation of 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 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 /> 1 <br />