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F O 1 <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 08th day of April , 2008, by and between Indian River County, a <br />political subdivision of the State of Florida ("County"), and Mary44wre-Sanders ("Seller"), <br />whose address is 5225 Cairo Drive, Sebring FL. 33875 and agrees as follows: <br />1. Agreement to Purchase and Sell and Grant. The Seller hereby agrees to sell to the County, <br />and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth <br />in this Agreement, that certain parcel of real property located at 976 8`h Street, Vero Beach, <br />County of Indian River, State of Florida and more specifically described in Exhibit "A," <br />containing approximately 200.0 square feet or .005 acres, zoned single family residential, <br />and all improvements thereon, together with all easements, rights and uses now or hereafter <br />belonging thereto. <br />2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the Property <br />shall be Six -Hundred Seventy and 00/100 Dollars ($670.00), $3.35 per square foot. The <br />Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall <br />be the date upon which the County shall have approved the execution of this Agreement, <br />either by approval by the Indian River County Board of County Commissioners at a formal <br />meeting of such Board or by the County Administrator pursuant to his delegated authority. <br />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 <br />provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the <br />foregoing prevents 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 of the Ownership and Encumbrance Report, <br />deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if <br />(a) County fails to deliver notice of defects within the time specified, or (b) County delivers <br />notice and Seller cures the defects within thirty (30) days from receipt of notice from County <br />of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the <br />Curative Period and if the title defects are not cured within the Curative Period, County shall <br />have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, <br />to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) <br />extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to <br />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 />FAEngineering\Robert WeWsanderspuragree.doc <br />