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'FEB 21 11989 <br />BOOK 76 F'�»E214 <br />distribution and collection lines, lift stations, meters and other <br />installations and facilities which are a part of the water and <br />sewer systems. The parties recognize that chlorine and other <br />materials and supplies will be consumed, pending closing. <br />B. Real Property: Tracts A and C, Breezy Village <br />Mobile Home Subdivision, Unit 1, as in Plat Book 9, Page 34, of <br />the Public Records of Indian River County, Florida. <br />2. PURCHASE PRICE:. The purchase price for the Property is <br />$65,000.00 payable in cash or by cashier's check at the time of <br />closing. <br />3. CLOSING DATE: The closing in this transaction shall <br />occur on March 1, 1989, unless extended by other provisions of <br />this contract. <br />4. CONVEYANCE DOCUMENTS: The real property shall be <br />conveyed free and clear of all encumbrances by general warranty <br />deed. The personal property shall be conveyed by Bill of Sale <br />with warranties of title. <br />5. PERSONAL PROPERTY IN "AS -IS" CONDITION: All personal <br />property will be conveyed to the county in as -is condition. The <br />Seller makes no warranties or representation with respect to the <br />physical condition of the personal property. <br />6. TITLE TO THE REAL PROPERTY: The title to the real <br />property shall be good and marketable. Buyer may, at its expense, <br />obtain an abstract or title insurance binder/policy on the <br />property showing the title to be good and marketable. Marketable <br />title should be determined according to applicable Title Standards <br />adopted by authority of the Florida Bar and in accordance with <br />law. If title is found to be defective, Buyer shall, prior to <br />closing, notify Seller in writing, specifying defects. If the <br />defects render title unmarketable, Seller will have 120 days from <br />receipt of notice within which to remove the defects, failing <br />which, Buyer shall have the option of either accepting title as it <br />then is or of cancelling this contract. <br />Buyer shall take title subject to zoning, restrictions, <br />prohibitions, and other requirements imposed by governmental <br />authority; restrictions, easements and other matters appearing on <br />the plat or otherwise common to the subdivision and taxes for the <br />year of closing and subsequent years. <br />7. RIGHT OF REPURCHASE AS TO TRACT C: The Buyer and Seller <br />acknowledge and agree that the Buyer intends to continue to <br />utilize Tract C for the purpose of providing sewer utility service <br />to the Breezy Village Mobile Home Subdivision, Unit 1 and other <br />service areas. At such time as the Buyer no longer utilizes Tract <br />C for such purposes, the` Buyer shall give the Seller written <br />notice that said use has discontinued, and the Seller shall have <br />90 days after delivery of the said notice to repurchase Tract C <br />for a price equal to the fair -market value of the land, only. The <br />fair -market value shall be determined by a registered real estate <br />broker with experience in land appraisals ("Qualified Appraiser"), <br />mutually selected by the parties. If the parties are unable to <br />agree upon the selection of a Qualified Appraiser, then each party <br />shall select its own Qualified Appraiser and the two appraisers so <br />selected shall select a third Qualified Appraiser. Three <br />appraisals shall be prepared and the arithmetic' average of the <br />three shall be deemed to be the fair -market value. The appraisal <br />costs shall be shared by the parties, 50/50. The Seller shall <br />give the Buyer written notice of its election to repurchase the <br />property within the said 90 -day period and a closing on the <br />transaction shall occur within 30•days following the completion of <br />the appraisals and the determination of the fair -market value. <br />The provisions of Paragraph 6 shall apply with respect to the <br />condition of title. The recording expenses shall be divided <br />evenly between the parties. Unless otherwise agreed to by Seller, <br />the Buyer shall remove all sewer plant improvements, equipment and <br />54 <br />