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This document prepared by and return to : 11/9/04wcg(PWD)jwd Indian River County Public Works Department f 840 25a' Street Vero Beach, Fl . 32960 Therefore, at closing, the COUNTY shall pay to the DEVELOPER $ a o , g 9 n . t o by locally drawn certified check, cashier ' s check or wire transfer. 5 . Conveyance : Conveyance shall be made by statutory Warranty Deed, or by County Deed, as appropriate . 6 . Evidence of Title : Each party will be responsible to provide its own title insurance at its own expense as to the property it acquires . 7 . Costs : Other than title insurance, each party shall bear its own costs, including documentary stamps and recording fees, if any. s . Closing Dates This transaction will be closed on or before the thirtieth day following execution of the Developer' s Agreement and this Agreement by Indian River County, but not later than January 31 , 2005 , unless extended in writing by the parties . 9 . Property Condition : COUNTY and DEVELOPER acknowledge and agree that each will take title to the property in its present condition, "as is, where is , and with all faults" . 10 . Brokers : Neither COUNTY nor DEVELOPER has utilized the services of any brokers or licensed real estate professionals concerning this transaction. 11 . Attorney ' s Fees and Costs : If any dispute arises under the terms of this Agreement, the prevailing party shall be entitled to recover attorney' s fees and costs from the party not prevailing . 12 . Default: In the event transaction is not closed due to the default or failure on the partof either party to perform under the terms and conditions herein, the other party may seek specific performance, damages , or both. 13 . Waiver of Jury Trial: In the event of a dispute arising hereunder, COUNTY and 2 JAPlanning & Zoning\AGUERREVERE, ENRIQUE\Agreement to Exchange Real Property 1108 04 .wpd.doc