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AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br />THIS AGREEMENT is entered into as of the day of June, 2021, by and <br />between. Indian River County, a political subdivision of the State of Florida, whose <br />address is 1801 27th Street, Vero Beach, FL 32960 ("County"), and Fredrick L. Lipfert, <br />Trustee of the Frederick L. Lipfert and Norma C. Lipfort Trust Agreement dated February <br />14, 2013, whose address is 2536 1st Street, Vero Beach, FL 32962 ("Lipfert"). <br />WHEREAS_, Lipfertowns 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 as 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 510, 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 66t' 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 />141 <br />