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f • + 1 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the om Seller , upon the terms and conditions set forth in this County hereby agrees to purchase fr Agreement that certain parcel of real property located adjacent to 66t" Avenue south of 41St Street , Vero Beach , Florida , and more specifically described in the sketch and legal description attached as Exhibit " B " , containing approximately 3 . 838 acres , and all improvements thereon , except for specific palms , fencing and irrigation improvements together with all easements , rights and uses now or hereafter belonging thereto ( collectively , the " Property" ) . 3 . Purchase Price Effective Date . The purchase price (" Purchase Price I " ) for the Property shall be Two Hundred Thirteen Thousand Three Hundred Ninety Two Dollars and eighty cents ( $ 213 , 392 . 80 ) . The Purchase Price was established by the Cherry Lane Cattle LLC appraisal , which is mutually agreed upon by the parties . The County shall pay and the Banack Family Limited Partnership shall accept , $ 213 , 392 . 80 as the Purchase Price of the Property . 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 . 4 . 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 except as noted in Exhibit "A" ; 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 (" Permitted Exceptions " ) . 4 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the Effective Date of this Agreement 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 ) terminate this Agreement , whereupon it 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 . 5 . Palm Trees . The 3 . 838 acres being purchased by the County contains 565 palm trees planted in five rows . There are 243 Washingtonia palms and 322 Queen palms . The County agrees to purchase the trees for the sum of Fifty Five Thousand Seven Hundred Twenty Two Dollars . ( $ 55 , 722 . 00 ) . The value of the trees was established by taking an inventory of the five rows of trees and each tree was measured as to its height . The Sellers currently charge $ 12 . 00 per foot for a Washingtonia palm dug and loaded on the buyer' s vehicle and $ 6 . 00 per foot for a Queen palm dug and loaded onto ls havehe ea value ole .f $ 25 , 176 . 00 en the total height and the Queen enl palmsWashingtonia atoeia palms is added together the p 2