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i <br /> way, all improvements thereon, together with all easements, rights and uses now or <br /> hereafter belonging thereto (collectively, the "Property') . Furthermore, Ms. Grice West <br /> agrees to execute a temporary construction easement running parallel to the proposed <br /> right of way fine , as shown , on W Avenue Road Plans, attached as Exhibit "DA to this <br /> agreement. This temporary construction easement shall be used for construction of the <br /> replacement horse fencing pursuant to the specifications in the attached Road Plans that <br /> shall be constructed by the County's Contractor. <br /> 2 . 1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the <br /> Property shall be $21 ,494.75 (TwentymOne Thousand Four Hundred Ninety-Four and <br /> 751100 Dollars). The County also agrees to pay Ms. Grice West $28,000 for nine (9) 35M <br /> year old Live Oak trees (to be removed in conjunction with the road construction project). <br /> Further, the County will pay to Ms. Grice West the sum of $ 15,000 in order for her to <br /> construct a driveway, gate and fencing at the northern border of her property. Please see <br /> additional conditions shown and attached as the Addendum to Contract, Exhibit "CA. The <br /> total Purchase Price shall be $64,494.75 (Sixty-Four Thousand Four Hundred Ninety-Four <br /> and 75!100 Dollars), paid on the Closing Date. The Effective Date of this Agreement shall <br /> be the date upon which the County shall have approved the execution of this Agreement, <br /> either by approval by the Indian River County Board of County Commissioners at a formal <br /> meeting of such Board or by the County Administrator pursuant to his delegated authority. <br /> 3. Title. Ms. Grice West shall convey marketable title to the Property by warranty deed <br /> free of claims, liens, easements and encumbrances of record or known to Ms. Grice West; <br /> but subject to r taxes for the r of Closing and covenants, restrictions and public <br /> ! property Y� 9 <br /> utility easements of record provided (a) there exists at Closing no violation of any of the <br /> foregoing; and (b) none of the foregoing prevents County's intended use and development <br /> of the Property ("Permitted Exceptions"). <br /> 3. 1 County may order an Ownership and Encumbrance Report or Title Insurance <br /> Commitment with respect to the Property. County shall within fifteen (15) days following <br /> the Effective Date of this Agreement deliver written notice to Ms. Grice West of title <br /> defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of <br /> defects within the time specified, or (b) County delivers notice and Ms. Grice West cures <br /> the defects within thirty (30) days from receipt of notice from County of title defects <br /> ("Curative Period'. Ms. Gnce West shall use best efforts to cure the defects within the <br /> Curative Period and if the title defects are not cured within the Curative Period , , County <br /> shall have thirty (30) days from the end of the Curative Period to elect, by written notice to <br /> Ms. Grice West, to: (i) to terminate this Agreement, whereupon shall be of no further force <br /> and effect, or (u) extend the Curative Period for up to an additional 90 days; or (iii accept <br /> title subject to existing defects and proceed to closing. <br /> 4. Representations of the Ms. Grice West. <br /> 4. 1 Ms. Grine West is indefeasibly seized of marketable, fee simple title to the Property, <br /> and is the sole owner of and has good right, title, and authority to convey and transfer the <br /> Property which is the subject matter of this Agreement, free and dear of all liens and <br /> encumbrances. <br /> 2 <br />