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7 <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE Q � ` <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made <br /> and entered into as of the 22nd day of Jul y , 2003 , by and between Indian River <br /> County, a political subdivision of the State of Florida ("County") , and Rosewood Road East <br /> Development Corp . , a Florida Corporation, ("Seller"), who agree as follows : <br /> 1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the <br /> County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this <br /> Agreement, that certain parcel of real property located at 4950 16th Street, County of Indian River, <br /> State of Florida and more specifically described on Exhibit "A"* , containing approximately <br /> 7, 656 . 1 square feet, or . 1758 acre, and all improvements thereon, together with all easements, rights <br /> and uses now or hereafter belonging thereto (collectively, the "Property") . *NOTE : The total right- <br /> of-way to be conveyed is a depth of 40 feet, or a total of . 703 acre . Of this , the south 30 feet, or <br /> . 5272 acre is dedicated without compensation per the County' s Land Development Regulations, and <br /> the north 10 feet, or . 1758 acre is by purchase. The Purchase Price below represents compensation <br /> for the north 10 feet, or . 1758 acre . <br /> 2 . Purchase Price, Effective Date . The purchase price (the "Purchase Price") for the Property <br /> shall be Five Thousand Five Hundred Dollars ($5,500. 00). The Purchase Price shall be paid on <br /> the Closing Date . The Effective Date of this Agreement shall be the date upon which the County <br /> shall have approved the execution of this Agreement, either by approval by the Indian River County <br /> Board of County Commissioners at a formal meeting of such Board or by the County Administrator <br /> pursuant to his delegated authority. <br /> 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims, <br /> liens, easements and encumbrances of record or known to Seller; but subject to propertytaxes for the <br /> year of Closing and covenants, restrictions and public utility easements of record provided (a) there <br /> exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents <br /> County's intended use and development of the Property. <br /> 3 .2 . 1 County may order an Ownership and Encumbrance Report with respect to the Property. <br /> County shall, within thirty (3 0) days from either, receipt of the Ownership and Encumbrance <br /> Report, or execution of this contract by all parties (whichever occurs last) deliver written <br /> notice to Seller of title defects . Title shall be deemed acceptable to County if (a) County fails <br /> to deliver notice of defects within the time specified, or (b) County delivers notice and Seller <br /> cures the defects within thirty (30) days from receipt of notice from County of title defects <br /> ("Curative Period") . Seller shall use best efforts to cure the defects within the Curative <br /> Period and if the title defects are not cured within the Curative Period, County shall have <br /> thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to : (i) <br /> to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend <br /> the Curative Period for up to an additional 90 days ; or (iii) accept title subject to existing <br /> defects and proceed to closing . <br /> 4 . Representations of the Seller. <br /> 4 . 1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole <br /> Standard Agreement — I.R.Co. & Rosewood East Dev. Corp . 1 <br />