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AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made and entered into as of the 12th day of April , 2011 by and between Indian River County , a political subdivision of the State of Florida 1801 27th Street , Vero Beach , FL 32960 (" County " ) , and Hale Family 1999 Limited Partnership , 8965 Palm Breeze Terrace , Vero Beach , FL 32963 (" 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 , five ( 5 ) parcels of real property located along 66th Avenue between 41s' and 37th Streets , Indian River County and more specifically described in Exhibit "A " , " B " , " C " , " D " & " E " attached and incorporated by reference herein . Parcel 121 ( Exhibit "A ") contains 2 . 67 acres , and shall be used as right- of-way for the County ' s 661" Avenue Improvement Project , Parcel 151 ( Exhibit " B " ) contains 1 . 25 acres , and shall be used as right- of-way for the County' s 66t" Avenue and 37th Street Improvement Project , Parcel 152 ( Exhibit " C ") contains 0 . 39 acres , and shall be used as right- of-way for the County ' s 37t " Street Improvement Project . Seller further agrees to grant to the County a perpetual , non - exclusive easement for access and drainage over Parcel 409 described in Exhibit " D " attached hereto containing approximately 2 . 619 acres located near the western part of the Seller' s property for the County 's 66t Avenue improvement project . Seller also agrees to grant to the County a perpetual , non - exclusive easement for access and drainage over Parcel 804 described in Exhibit " E " attached hereto containing approximately 0 . 267 acres located near the western part of the Seller' s property for the County' s 66th Avenue improvement project . Seller' s remainder parcel is defined as the real property owned by Seller at the southwest quadrant of 37th Street and 66th Avenue , Indian River County less Exhibits "A" , " B " , " C " , " D " & " E " and referred herein as " Remainder Parcel " . Parcels 121 , 151 ; 152 , 409 and 804 , shall collectively be referred to as " Property " . 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the Property shall be FOUR HUNDRED FORTY THOUSAND DOLLARS ( $440 , 000 . 00 ) . The Purchase Price shall be paid on the Closing Date . The Purchase Price is inclusive of all expert witness fees , costs , real estate commissions and attorney' s fees incurred by Seller. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board . 3 . Title to Parcels 121 , _151 and 152 . Seller shall convey marketable title to Parcels 121 , 151 and 152 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 subject to 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 Parcels 121 , 151 and 152 . 3 . 1 County may order an Ownership and Encumbrance Report with respect to Parcels 121 , 151 and 152 . County shall , within thirty ( 30 ) days from receipt of the Ownership and Encumbrance Report , deliver written notice to Seller of title defects . I