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'ALA�RlGli, ga i�-oar AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 5th day of January 2010 by and between Jack and Jennette Buckner husband and wife ("Sellers") and Indian River County, a political subdivision of the State of Florida ("County"), who agrees as follows: 1. Agreement to Purchase Real Estate. The Seller hereby agrees to sell to the County a parcel of real estate for the use of right-of-way property located at 5740 45th Street, Vero Beach, County of Indian River, State of Florida and more specifically described in Exhibit "A," containing approximately 450.0 square foot corner clip. 2. Purchase Price, Effective Date, Term... The purchase price (the "Purchase Price") shall be Five -Thousand -Dollars & 00/100 ($5,000.00). The Purchase Price includes $2,000 for the real estate and $3,000 for landscaping improvements. 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. The term of this agreement shall begin upon approval of this agreement by the Indian River Board of County Commissioners at a formal meeting of said Board or by the County Administrator pursuant to his delegated authority. 3. Closing. 3.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: 3.2 The Seller shall execute and deliver to the County a Warranty Deed for the real property described in Exhibit A. 3.3 The County and Seller agree that the following personal property such as, fences landscaping material, irrigation and parking areas may be required to be removed. Indian River County shall replace or compensate for any improvements that are impacted and will deliver possession of the property to seller in the same or better condition than before the commencement of the project. 3.4 County shall pay the following expenses at Closing: 3.4.1 The cost of recording the any Documentary Stamps required to be affixed to the Warranty Deed. 4.0 Miscellaneous. 4.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 4.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. F:AEngineering\Robert Webb\45th st. 58th ave intersect\bucknergornerclipPurchase Agreement.45thst.doc