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4-29-2005 3 : 34PM FROM INDIAN RIVER COLWY 7727789391 I -7 ' <br /> P_ 2 <br /> ORIGINAL <br /> APR - 2 2005 <br /> INDIAN RIVER COUNTY <br /> ENGFNEERING DIVISION <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 29th day of April, 20 }5 by and between Indian River County, a political <br /> subdivision of the State of Florida ("County'), and Glen Rohm, Daniel J. Brognano, William T. <br /> Brognano and Todd A. Brognano, as to an undivided Y4 interest each, ("Seller"), who agree as <br /> follows: <br /> 1 . Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County <br /> hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, <br /> that certain parcel of real property located at 6500 Wh Street, County of Indian River, State of <br /> Florida and more specifically described on Exhibit "A," containing approximately 48,619.24 square <br /> feet or 1 . 12 acres more or less and all improvements thereon, together with all easements, rights and <br /> uses now or hereafter belonging thereto (collectively, the "Property ). <br /> 2. Purchase Pee. Effective Date. The purchase price (the "Pur+chase Price'l for the Property shall <br /> be Thirty-Seven Thousand One Hundred Fifty and 401100 L7ollars ($1!J5.0..40 . The Purchase Price <br /> shall be paid on the Closing Date. The Effective Bate 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 Indian <br /> River 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, it!e. Seller shall convey marketable title to the Property by warranty deed free of claims, <br /> Hens, easements and encumbrances of record or known to Seller, but subject to property taxes for the <br /> year of Closing and covenants, restrictions and public utility easements of record provided (a) there <br /> exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents <br /> County's intended use and development of the Property. <br /> 3 .2 County may order an Ownership and Encumbrance Report With respect to the Property. <br /> County shall, within thirty (30) days from receipt ofthe Ownership and Encumbrance Report, deliver <br /> written notice to Seller of title defects. Title shall be deemed acceptable to County if(a) County fails <br /> to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures <br /> the defects within thirty (30) days from receipt of notice from County of title defects ("Curative <br /> Period'). Seller shall use best efforts to cure the defects within the Curative Period and if the title <br /> defects are not cured within the Curative period, County shall have thirty (30) days from the end of <br /> the Curative Period to elect, by written notice to Seller, to. (i) to terminate this Agreement, <br /> whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an <br /> additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. <br /> 4. Representation 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 /> 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would <br /> impair or otherwise affect title to any portion of the Property, and shall record no documents in. the <br /> Public Records which would affect title to the Property, without the prior written consent of the <br /> County. <br /> FAEnginoeringlR*aCM*rd Docs\Winter Beach Fanw AV=ncpt.docStandard Agreement to Pumhase and Sell <br /> Real Estatc <br />