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ORIGINAL <br /> i ► (el0 <br /> rd . 5 ' <br /> �O/v F�3 / <br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE <br /> BETWEEN INDIAN RIVER COUNTY <br /> AND <br /> DAVID L . AND BARBARA A . HEFFLEBOWER <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement " ) is <br /> made and entered into as of the 1 6thday of November 2010 , by and between <br /> Indian River County , a political subdivision of the State of Florida ( "the County") , and David <br /> L . and Barbara A . Hefflebower , husband and wife , who agree as follows : <br /> WHEREAS , David L . and Barbara A . Hefflebower owns property located at 850 66th <br /> Avenue , Vero Beach , Florida . Legal description of the property is attached to this <br /> agreement as Exhibit "A" incorporated by reference herein ; and <br /> WHEREAS , the County , is scheduled to expand 66th Avenue in the future and the <br /> road expansion will impact and affect the Hefflebower' s property ; 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 on 66th <br /> Avenue and intersecting streets ; and <br /> WHEREAS , the County has contacted Hefflebowers , represented by Attorney <br /> Mickey Barkett , and has offered to purchase approximately 22 , 050 square feet of property <br /> to be used as right-of-way (shown as Exhibit "A " ) , and 11 , 200 square feet of property to be <br /> used as a temporary construction easement ( shown as Exhibit " B " ) ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , David L . and Barbara A . Hefflebower and the County wish to avoid the <br /> risk , time and expense of litigation by entering into this agreement for sale and purchase of <br /> the entire 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 /> 1 <br />