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AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br />THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ('`Agreement") is <br />made and entered into as of the 2nd day of February , 2016, by and between <br />Indian River County ("County"), a political subdivision of the State of Florida, whose <br />address is 1801 27th Street, Vero Beach, FL 32960 and Bent Pine Golf Club, Inc. <br />("Sellers"), a Florida not for profit corporation, whose address is 6001 Club House Drive, <br />Vero Beach, FL, 32967-4599, who agree as follows. - <br />1 . <br />ollows: <br />1. 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 />forth in this Agreement, those five (5) certain parcels of real property located at 5775 <br />(double lot), 5745, 5735, 5725 and 5715 58th Avenue, County of Indian River, State of <br />Florida and more specifically described on Exhibit "A" attached hereto and incorporated by <br />this reference, containing a total of approximately 1.16 acres, and all improvements <br />thereon, together with all easements, rights and uses now or hereafter belonging thereto <br />(collectively, the "Property"). <br />2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for <br />Property shall be Fifty -One Thousand and 00/00 Dollars ($51,000.00). The Purchase <br />Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the <br />date upon which the County shall have approved the execution of this Agreement, by <br />approval by the Indian River County Board of County Commissioners at a formal meeting <br />of such Board. This Agreement is contingent upon approval by the Bent Pine members at <br />its annual meeting of members in March 2016, <br />3. Title. Seller shall convey marketable title to the Property by warranty deed free of <br />claims, liens, easements and encumbrances of record or known to Seller; but subject to <br />property taxes for the year of Closing and covenants, restrictions and public utility <br />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 Seller of title defects. Title <br />shall be deemed acceptable to County if (a) County fails to deliver notice of defects within <br />the time specified, or (b) County delivers notice and Seller cures the defects within thirty <br />(30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall <br />use best efforts to cure the defects within the Curative Period and if the title defects are not <br />cured within the Curative Period, County shall have thirty (30) days from the end of the <br />Curative Period to elect, by written notice to Seller, to: (i) terminate this Agreement, <br />whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up <br />to an additional 90 days; or (iii) accept title subject to existing defects and proceed to <br />closing. <br />FAAttorney\BiINAgreements\Bent Pine 58th Avenue IotWurchase Contract doc - I - <br />