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ORIGINAL
<br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE $`�,� ►013
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<br /> BETWEEN INDIAN RIVER COUNTY
<br /> AND '1, 013 1q6 �
<br /> 510 , LLC
<br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement" ) is
<br /> made and entered into as of the 20 day of August , 2013 , by and between Indian River
<br /> County , a political subdivision of the State of Florida ("the County") , and 510 , LLC , who
<br /> agree as follows :
<br /> WHEREAS , 510 , LLC owns property located at 4650 CR 510 , Sebastian , FL
<br /> 32958 , 4695 86" Place , Sebastian , FL 32958 and 4595 87th Street, Vero Beach , FL 32967 .
<br /> A sketch and legal description of the property is attached to this agreement as Exhibit "A" ,
<br /> " B " and " C" , incorporated by reference herein ; and
<br /> WHEREAS , the County is scheduled to expand CR510 , also known as 85th Street ,
<br /> in the future and the road expansion will impact the property of 510 , LLC ; and
<br /> WHEREAS , in order for the County to proceed with its road expansion plans , the
<br /> County needs to purchase property to be used as right-of-way from landowners adjacent
<br /> to CR510 ; and
<br /> WHEREAS , the County has contacted 5101 LLC and has offered to purchase a total
<br /> of approximately 518 square feet of property to be used as road right-of-way , as depicted
<br /> on Exhibit "A" , 8 , 695 square feet of property to be used as a temporary construction
<br /> easement, as depicted on Exhibit " B" and a total of approximately 44 , 104 square feet of
<br /> property to be used as a drainage easement, as depicted on Exhibit " C" (the Property) , and
<br /> WHEREAS , the County is prepared to take the Property by using its power of
<br /> eminent domain ; and
<br /> WHEREAS , 5101 LLC and the County wish to avoid the risk , time and expense of
<br /> litigation by entering into this agreement for sale and purchase of the Property ;
<br /> NOW, THEREFORE , in consideration of the mutual terms , conditions , promises ,
<br /> covenants and premises hereinafter, the COUNTY and SELLER agree as follows :
<br /> 1 . Recitals . The above recitals are affirmed as being true and correct and are
<br /> incorporated herein
<br /> 2 . Agreement to Purchase and Sell . 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
<br /> forth in this Agreement that certain parcel of real property located on SR510 , 86th Place ,
<br /> Sebastian , Florida and more specifically described in the sketch and legal description
<br /> attached as Exhibit "A" , fee simple , containing approximately 518 square feet, Exhibit " B " ,
<br /> temporary construction easement , containing: approximately 8 , 695 square feet and Exhibit
<br /> " C " , drainage easement, containing approximately 41 , 104 square feet , ail improvements
<br /> thereon , together with all easements , rights and uses now or hereafter belonging
<br /> thereto (coilectively , the " Property") . Seller shall have the right to expand the retention pond
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