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ORI 6 I Alf <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE (`,Agreement") is made and <br /> entered into as of the f day of February, 2008 by and between Indian River County, a <br /> political subdivision of the State of Florida ('`County") , and Chester E . Wilcox, Jr: and Lynn R . <br /> Wilcox, co-Trustees of the Chester E. Wilcox Jr. Trust dated July 1 , 1998 (" Seller"), who agree <br /> 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, the parcel I. D. # 31 -39-30-00000-7000-00002 . 0, real property located on 70th <br /> Avenue (aka Powerline Road), Vero Beach, County of Indian River, State of Florida and more <br /> specifically described in Exhibit "A," containing approximately 15 , 190 . 0 sq . ft. or . 35 acres, <br /> zoned A-1 , Agricultural , and all improvements thereon, together with all easements, rights and <br /> uses now or hereafter belonging thereto (collectively, the "Property, along with the agreed upon <br /> conditions as shown in the attached addendum (Exhibit `B') . <br /> 2 . Purchase Price, Effective Date . The purchase price (the "Purchase Price") for the Property <br /> shall be Thirty-Thousand-One-Hundred-Eighty- Dollars and 00/ 100 Dollars($30, 180. 00). The <br /> Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be <br /> the date upon which the County shall have approved the execution of this Agreement, either by <br /> approval by the Indian River County Board of County Commissioners at a formal meeting of <br /> such Board or by the County Administrator pursuant to his delegated authority . <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 for <br /> the year of Closing and covenants, restrictions and public utility easements of record provided (a) <br /> 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. <br /> County may order an Ownership and Encumbrance Report with respect to the Property. County <br /> shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver <br /> written notice to Seller of title defects . Title shall be deemed acceptable to County if (a) County <br /> fails to deliver notice of defects within the time specified, or (b) County delivers notice and <br /> Seller cures the defects within thirty (30) days from receipt of notice from County of title defects <br /> ("Curative Period") . Seller shall use best efforts to cure the defects within the Curative Period <br /> and if the title defects are not cured within the Curative Period, County shall have thirty (30) days <br /> from the end of the Curative Period to elect, by written notice to Seller, to : (i) to terminate this <br /> Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period <br /> for up to an additional 90 days ; or (iii) accept title subject to existing defects and proceed to <br /> closing. <br /> 1 <br /> F :AEngineering\LouiseALouise GatesTowerline Road. Wilcox\Wilcox Agreementafterbarkettrev2 . 7 . 08 .doc <br />