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0 K Olt AL AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 18th day of December, 2007 by and between Indian River County, a political subdivision of the State of Florida ("County"), and Cathy Sue Woolsey, ("Seller"), who agrees as follows : 1 . Agreement to Purchase and Sell and Grant. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 8625 70a' Avenue (aka Powerline Road), Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A," containing approximately 2,68 1 .0 square feet or . 062 acres, $6, 166. 00 at $2 .30 per sq. ft, zoned A- 1 , Agricultural, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto. Additionally, the Seller agrees to grant to the County a 10-foot temporary construction easement consisting of 1 ,885 . 0 sq. ft. (see Exhibit "B").This easement is for construction related activities and will last until the completion of the road construction. Ms. Woolsey will agree to lease to Indian River County the temporary construction easement for the amount of .23 per square foot, ($433 . 00), for one year with the option of two renewable lease agreements at six month intervals. The first year' s rental amount is included in the purchase price. The purchase price also includes Ms. Woolsey attorney fees for the amount of $3 ,000 .00, $200.00 for engineering review of the road plans and $ 1 ,416 .00 for landscaping along the eastern boundary of the property. The plant material may come from the County owned tree stock. 2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for the Property shall be Eleven-Thousand Two-Hundred Fifteen and 00/ 100 Dollars ($_11215 . 00). The Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3 . Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents County's intended use and development of the Property. 3 .2 County may order an Ownership and Encumbrance Report with respect to the Property. County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to : (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4. 1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property, which is the 1 F:\Engineering\Robert Webb\powerlinerd\Woolsey agreement.doc