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<br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE
<br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made
<br /> and entered into as of the 30th day of November 30 , 2005 by and between Indian River County, a
<br /> political subdivision of the State of Florida ("County") , and (Dave W . Wetherington and Janice
<br /> Wetherington (as to a Life Estate) and Dave W . Wetherington and Janice Wetherington Trustees of
<br /> The Wetherington Family Trust, U. T . D . 21St day of October 1996 ( as to a remainder interest)
<br /> (" Seller") who agree as follows :
<br /> 1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County, and the County
<br /> hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement,
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<br /> UICIL l. ellalll parCei vl IUai yiUIJciry IUL aMUu aL J .) w 13 JI . J vv , v ero BeaCh % . vuiity vl uiuicui ruvci ,
<br /> State of Florida and more specifically described in Exhibit "A , " containing approximately 19 , 650
<br /> square feet or 0 . 45 acres , zoned A- 1 , Agricultural ( 1 ) unit per (5 ) acres , IRC Future Land Use
<br /> designation is L- 1 which is (3 ) units per acre , and all improvements thereon, together with all
<br /> easements , rights and uses now or hereafter belonging thereirio (collectively, "Property") .
<br /> 2 . ( Purcl_aase price ,11 ffective ate. The purchase price (t e " ur rice") for the Property shall
<br /> be,
<br /> T rs (533 75ff 00) . The Purchase Price shall be
<br /> paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the
<br /> County shall have 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 County
<br /> Administrator 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 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
<br /> County' s intended use and development of the Property.
<br /> 3 . 2 County may order an Ownership and Encumbrance Report with respect to the Property.
<br /> County shall, within thirty (3 0) days from receipt of the Ownership and Encumbrance Report , deliver
<br /> written notice to Seller of title defects . Title shall be deemed acceptable to County if ( a) County fails
<br /> co deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures
<br /> the defects within thirty (30) days from receipt of notice from County of title defects (" Curative
<br /> Period") . Seller shall use best efforts to cure the defects within the Curative Period and if the title
<br /> defects are not cured within the Curative Period, County shall have thirty (30) days from the end of
<br /> the Curative Period to elect , by written notice to Seller, to : (i) to terminate this Agreement,
<br /> whereupon shall be of no further force and effect, or (ii ) extend the Curative Period for up to an
<br /> additional 90 days ; or (iii ) accept title subject to 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 /> 4 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would
<br /> impair or otherwise affect title to any portion of the Property, and shall record no documents in the
<br /> Public Records which would affect title to the Property, without the prior written consent of the
<br /> Standard Agreement to Purchase and Sell I
<br /> Real Estate — Dave W . Wetherington and Janice Wetherington (as to Life Estate) and Dave W . Wetherington and Janice
<br /> Wetherington Trustees of The Wetherington Family Trust, U . T. D . 21 " day of October 1996 (as to a remainder interest)
<br /> Parcel ID No . 33 -39-28 -00001 -0060 - 00001 . 1
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