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AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br />BETWEEN INDIAN RIVER COUNTY <br />AND <br />GENE PERRY & KENNETH JOHNSON <br />THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is <br />made and entered into as of the. 2 day of June , 2020, by and between Indian <br />River County, a political subdivision of the State of Florida ("the County"), and Gene Perry <br />and Kenneth Johnson, ("the Sellers") who agree as follows: <br />WHEREAS, Seller owns property located at 2390 45th Street, Vero Beach, Florida <br />32967. A legal description of the property is attached to this agreement as Exhibit "A" and <br />incorporated by reference herein; and <br />WHEREAS, the County has plans to improve the US Highway 1 and 45th Street <br />intersection to include a dedicated left turn lane; and <br />WHEREAS in order for the County to proceed with road expansion plans, the <br />County needs to purchase property to be used as right-of-way from landowners along the <br />south side of 45th Street; and <br />WHEREAS, the County contacted the Seller and offered to purchase right-of-way of <br />301 square feet of property as depicted on Exhibit "B"; and <br />WHEREAS, the Seller has agreed to sell for the stated purchase price on the <br />understanding that the project will be constructed, and the parcel taken will be used, in <br />substantial accordance with Contract Plans, 45th Street and US Highway 1 Roadway and <br />Signalization Improvements, IRC Project No.: 1355, 90% Plans Submittal, December, <br />2015, bearing date and time at the bottom of the cover page (copy attached as Exhibit "C") <br />of 12/18/2015, 7:48:13 AM, which plans are incorporated herein by reference and made a <br />part of this agreement; and <br />WHEREAS, the Parties agree this is an arm's length transaction between the Seller <br />and the County, without the threat of eminent domain. <br />NOW, THEREFORE, in exchange of mutually good and valuable consideration the <br />COUNTY and SELLER hereby affirm each of the representations contained hereinabove <br />and hereby agrees to be bound by the terms contained herein below. <br />1. Recitals. The above recitals are affirmed as being true, correct, and material to <br />induce the parties to enter into this Agreement and are 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 />forth in this Agreement that certain parcel of real property located at 2390 45th Street, Vero <br />Beach, Florida and more specifically described in the legal description attached as Exhibit <br />"B", fee simple, containing approximately 301 square feet, all improvements thereon, <br />together with all easements, rights and uses now or hereafter belonging thereto <br />(collectively, the "Property"). <br />