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AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT is entered into as of the 10th day of January 2023, by and between the Indian River County Board of County Commissioners, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 ("County"), and St. John's River Water Management District, a public body existing under Chapter 373 Florida Statutes, whose address is 4049 Reid Road, Palatka, FL 32177 ("District"). WHEREAS, the District jointly owns a parcel of real property known as the St. Sebastian River Buffer Preserve located on the north side of County Road 512, west of I- 95, as depicted on the aerial photo attached as Exhibit "A", hereinafter, the "Preserve"; and WHEREAS, the Preserve is jointly owned with the State of Florida and is maintained by the Florida Department of Environmental Protection ("FDEP"); and WHEREAS, the Tran -Florida Railroad Trail ("Trail") runs through portions of the Preserve and the County desires to expand the Trail by obtaining a Right -of -Way Easement ("Easement") from the Co-owners of the Preserve; and WHEREAS, on October 18, 2022, the State of Florida, through the FDEP, granted an Easement to the County for the County to build addition trail ("Proposed Trail") to the west of the existing Trail. The Proposed Trail expansion is depicted on the aerial photos attached as Exhibit "A", and WHEREAS, the County seeks to receive a similar Easement from the District for Proposed Trail; and WHEREAS, when granting an easement, Rule 40C-9.380, Florida Administrative Code, requires, among other things, that the District be compensated for the loss of intended use of the land within the proposed Easement; and NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Agreement to Purchase and Sell. The District hereby agrees to sell to the County, and the County hereby agrees to purchase from the District, upon the terms and conditions set forth in this Agreement, an Easement over the 8.10 -acre parcel of real property and more specifically described in Exhibit "B" attached and incorporated by reference herein. 2. Purchase Price; Effective Date. The consideration for the Easement shall be paid in kind to the District. As consideration the County shall design, construct, and maintain a 12 -foot wide asphalt Proposed Trail along the existing Trans -Florida Central Railway