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WHEREAS , Sellers and the County wish to avoid the risk , time and expense of <br /> litigation by entering into this agreement for sale and purchase of the Property ; <br /> NOW , THEREFORE , in consideration of the mutual terms , conditions , promises , <br /> covenants and premises hereinafter, the COUNTY and SELLERS agree as follows : <br /> 1 . Recitals . The above recitals are affirmed as being true and correct and are <br /> incorporated herein <br /> 2 . Agreement to Purchase and Sell The Sellers hereby agree to sell to the County , <br /> and the County hereby agrees to purchase from Sellers , upon the terms and conditions <br /> set forth in this Agreement , that certain parcel of real property located on CR 510 , <br /> Sebastian , Florida and more specifically described in the attached Exhibits "A " and " B " , <br /> containing approximately 5 , 500 square feet ( . 1263 acres ) and 2 , 600 square feet ( . 0597 <br /> acres ) , and all improvements thereon , together with all easements , rights and uses now <br /> or hereafter belonging thereto ( collectively , the " Property" ) . <br /> 3 . Purchase Price , Effective Date The purchase price ( " Purchase Price " ) for the <br /> Property shall be $ 38 , 000 . The Purchase Price shall be paid on the Closing Date , The <br /> Effective Date of this Agreement shall be the date upon which the County shall have <br /> approved the execution of this Agreement , either by approval by the Indian River <br /> County Board of County Commissioners at a formal meeting of such Board or by the <br /> County Administrator pursuant to his delegated authority . <br /> 4 . Title . Sellers shall convey marketable title to the Property by warranty deed free <br /> of claims , liens , easements and encumbrances of record or known to Sellers but subject <br /> to property taxes for the year of Closing and covenants , restrictions and public utility <br /> easements of record provided ( a ) there exists at Closing no violation of any of the <br /> foregoing ; and ( b ) none of the foregoing prevents County's intended use and <br /> development of the Property ( " Permitted Exceptions " ) . In the event Sellers are unable <br /> to convey marketable title to the Property by warranty deed free of claims , liens , <br /> easements and encumbrances of record or known to Sellers , County and Sellers shall <br /> proceed forward with a stipulated eminent domain taking to convey said title and to <br /> remove title defects . <br /> 4 . 1 County may order an Ownership and Encumbrance Report or Title Insurance <br /> Commitment with respect to the Property . County shall within fifteen ( 15 ) days following <br /> the Effective Date of this Agreement deliver written notice to Sellers of title defects . <br /> Title shall be deemed acceptable to County if ( a ) County fails to deliver notice of defects <br /> within the time specified , or ( b ) County delivers notice and Sellers cure the defects <br /> within thirty ( 30 ) days from receipt of notice from County of title defects ( " Curative <br /> Period " ) . Sellers shall use best efforts to cure the defects within the Curative Period <br /> and if the title defects are not cured within the Curative Period , County shall have thirty <br /> ( 30 ) days from the end of the Curative Period to elect , by written notice to Sellers , to : ( <br />i ) <br /> to terminate this Agreement , whereupon shall be of no further force and effect , or ( ii ) <br /> Page 2 of 7 <br />