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AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> 03 - lei <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made <br /> and entered into as of the 22ndday of July , 2003 , by and between Indian River <br /> County, a political subdivision of the State of Florida (" County") , and Oslo Venture, LLC, <br /> (" 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 4250 Oslo Road, County of Indian River, <br /> State of Florida and more specifically described on Exhibit "A," containing approximately <br /> 10 , 305 . 70 square feet, or approximately . 24 acre , and all improvements thereon, together with all <br /> easements , rights and uses now or hereafter belonging thereto (collectively, the "Property") . <br /> 2 . Purchase Price, Effective Date . The purchase price (the "Purchase Price") for the Property <br /> shall be Ten Thousand, Three Hundred Five Dollars and Seventy Cents ($ 10,305 . 70) . The <br /> Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the <br /> date upon which the County shall have approved the execution of this Agreement, either by approval <br /> by the Indian River County Board of County Commissioners at a formal meeting of such Board or by <br /> the County Administrator pursuant to his delegated authority. Note : See Addendum to Agreement <br /> To Purchase And Sell Real Estate . <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 property taxes 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 County <br /> from using the Property as a right of way. <br /> 3 . 2 County may order an Ownership and Encumbrance Report with respect to the Property. <br /> County shall, within thirty (30) days from either, receipt of the Ownership and Encumbrance Report, <br /> or execution of this contract by all parties (whichever occurs last) deliver written notice to Seller of <br /> title defects . Title shall be deemed acceptable to County if (a) County fails to deliver notice of <br /> defects within the time specified, or (b) County delivers notice and Seller cures the defects within <br /> thirty (30) days from receipt of notice from County of title defects ("Curative Period") . Seller may <br /> cure the defects within the Curative Period and if the title defects are not cured within the Curative <br /> Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written <br /> notice to Seller, to : (i) to terminate this Agreement, whereupon shall be of no further force and effect, <br /> or (ii) extend the Curative Period for up to an additional 90 days ; or (iii) accept title subject to <br /> existing 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 /> owner of and has good right, title and authority to convey and transfer the Property which is the <br /> subject matter of this Agreement, free and clear of all liens and encumbrances . <br /> 1 <br /> F :\Public Works\Capital Projects\Oslo - 43rd Avenue\Right-of-Way\OsloVentureContract-Zengage.OsloRdROW6. 17 . 03 .doc <br />