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ORIGINAL
<br /> Soho - ec /
<br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE
<br /> T141S AGREEMENT TO URCHASE AND SELL REAL ESTATE ("Agreement") is made
<br /> and entered into as of the _, 2010 by and between, Margaret B . Durwin
<br /> (Seller")whose address is P . O . x 692 , 32964 , Vero Beach, Florida and Indian River County, a
<br /> political subdivision of the State of Florida (" County") , who agree 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 t
<br /> Agreement, that certain parcel of real property located at 585 43rd Avenue, Vero Beach, County ofId
<br /> Indian River, State of Florida and more specifically described in Exhibit A, containing It'
<br /> approximately 1 . 76 acre , 76 , 666 . 0 square feet more or less , for a storm water retention pond fronting
<br /> 43 a Avenue along with all improvements thereon, together with all Pasements , rights and uses n - w
<br /> or hereafter belonging 'hereto (eollectively, the "Property"`
<br /> 2 . Purchase Price, Effective Date . The purchase price (the "Purchase Price") for the Property
<br /> shall be Two-Hundred-Thousand-Dollars & 00/ 100 ($200 , 000 . 00) (see Exhibit "A") . The Purchase
<br /> Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon
<br /> which the County shall have approved the execution of this Agreement, either by approval by the
<br /> Indian River County Board of County Commissioners at a formal meeting of such Board or by the
<br /> County Administrator pursuant to his delegated authority .
<br /> 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , liens ,
<br /> easements and encumbrances of record or known to Seller; but subject to propertv taxes for the year
<br /> of Closing and covenants , restrictions and public utility easements of record provided (a) mere exists '
<br /> at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents County' s ,1 � , , � �
<br /> intended use and development of the Property .
<br /> ij
<br /> 3 .2County may order an Ownership and Encumbrance Report with respect to the Property . County
<br /> shall , within thirty (3 0) days from receipt of the Ownership and Encumbrance Report, deliver written
<br /> notice to Seller of title defects . Title shall be deemed acceptable to County if (a) County fails to
<br /> deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the
<br /> defects within thirty (30) days from receipt of notice from County of title defects ("Curative
<br /> Period") . Seller shall use best efforts to cure the defects within the Curative Period and if the title
<br /> defects are not cured within the Curative Period, County shall have thirty (30) days from the end of
<br /> the Curative Period to elect, by written notice to Seller, to : (i) to terminate this Agreement,
<br /> whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an
<br /> additional 90 days ; or (iii) accept title subject to existing defects and proceed to closing .
<br /> 4 . Representations of the Seller.
<br /> 4 . 1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner
<br /> of and has good right, title and authority to convey and transfer the Property which is the subject
<br /> matter of this Agreement, free and clear of all liens and encumbrances .
<br /> 4 . 217rom and after the Effective Date of this Agreement, Seller shall take no action which would
<br /> impair or otherwise affect title to any portion of the Property, and shall record no documents in the
<br /> Public Records which would affect title to the Property, without the prior written consent of the
<br /> County.
<br /> 4 . 3 There are no existing or pending special assessments affecting the Property , which are or may be
<br /> assessed by any governmental authority, water or sewer authority, school district, drainage district or
<br /> any other special taxing district.
<br /> F :\Engineering\Robert Webb\43rd ave . capital\DURWIN43RDA1VERETENTpurchaseagree. doc
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