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Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 2.2 Drain Pipe. The property uses outfall drainage for storm water control to drain any excess water into the adjacent Indian River Farms Water Control District drainage ditch. This is in the area of take. The County will place a drain pipe and shut off gate on the property to replace the current drainage this would put the owner back to where they were at the time of take with the ability to drain excess water off the property and to the adjacent canal. The drain pipe will be installed per Indian River Farms Water District requirements. (see Exhibit "B" for sketch of drain pipe) 2.3 Attorneys Fees. Attorney's fees in the amount of $3,613.50 (Three Thousand Six Hundred and Thirteen, 50/100 Dollars). This amount is the statutory attorney's fees amount which is 33% (Thirty Three Percent) of the benefit conferred to the Seller. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller represents to the parties to have marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 2 49