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AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br />THIS AGREEMENT is entere&into as of the 7th day of July, 2021,E by and between <br />indian�River, County;.a political subdivision of the State of`Florida,:whose address is 1801 <br />27cn Street, -Vero, Beach, FL 32960 _("County"),'and Fredrick- L. Lipfert;. Trustee of the <br />Frederick-; L,-Lipfert and Norma Cr Lipfort Trust Agreement dated February 14; 2013, <br />whose 'addresslis 2536.1 stiStreet, Vero Beach, FL 32,9,6.2 (".Lipfert"). <br />WHEREAS, Lipfert owns a 12.25 -acre parcel,of improved land located..at 7905, 66th <br />Avenue, Vero Beach, FL .32966 on the west side of 66th Avenue and north of 61St Street <br />as depicted on the aerial photo attached las Exhibit 'A"; =and <br />WHEREAS, the parcel is zoned A-1, Agricultural, up to one; residential unit per five. <br />acres and lies outside of the Urban Services Boundary; and <br />WHEREAS, County is undertaking, a road expansion project consisting of the <br />widening of 66th Avenue north of 49th Street to County Road 51D, for which County needs <br />a 1.07 acre parcel of property (Property) at the eastern edge of the parcel -to be used as <br />right-of-way; and <br />WHEREAS, in order to avoid the uncertainty of trial and the costs of litigation, the <br />Parties have agreed to purchase and sell the above parcel of Property to be used for the <br />second phase of the 66th Avenue Improvement Project. <br />NOW THEREFORE, in consideration of the mutual undertakings herein, and other <br />good and valuable consideration, the receipt and adequacy of which is hereby <br />acknowledged, the parties agree, as follows: <br />Recitals. The above recitals are true and correct and are incorporated herein. <br />1. Agreement to -Purchase and Sell.. Lipfert hereby agrees to sell to the County, and <br />the County .hereby agrees to purchase: from Lipfert, upon the terms and conditions, set <br />forth in this Agreement, the 1.07 acre parcel of real property and more specifically <br />described in Exhibit "B" attached and incorporated by reference- herein. <br />.2. Purchase Price: Effective Date. The purchase price (the "Purchase Price') for the <br />Property shall be: FORTY-FIVE THOUSAND FOUR HUNDRED SEVENTY FIVE dollars <br />($45;475.00). The Purchase Price shall be paid. on the Closing Date. The Effective Date <br />of this Agreement shall be the date upon which the County shall have approved the <br />execution of this Agreement, by the Indian River County Board of County Commissioners <br />at a formal meeting, of such Board. <br />3. Title to the Property. Lipfert shall convey marketable title to the Property by <br />warranty deed free of claims, liens,, easements and encumbrances of record or known to <br />Lipfert; but subject to property taxes for the year of Closing and subject to covenants, <br />restrictions and public utility easements of record provided (a) there exists at Closing no <br />