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