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0 UKIU'% INAL AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made and entered into as of the 18th day of June , 2004 , by and between Indian River County , a political subdivision of the State of Florida (" County" ) , and Donald Coultas , as to a 60 % undivided interest , Elaine Nofi , as to a 20 % undivided interest and Leandra Nofi , as to a 20 % undivided interest , as Tenants in Common ( " Seller" ) , who agree as follows : 1 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement , that certain parcel of real property located at 4116 48th Avenue , Vero Beach , County of Indian River, State of Florida and more specifically described on Exhibit "A" attached hereto and incorporated by this reference containing approximately 11 , 700 square feet , and all improvements thereon , together with all easements , rights and uses now or hereafter belonging thereto (collectively , the " Property" ) . 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the Property shall be Thirty-Three Thousand and 00/ 100 Dollars ($ 33 , 000 . 00 ) . The Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement , either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority . 3 . Title . Seller shall convey marketable title to the Property by warranty deed free of claims , liens , easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants , restrictions and public utility easements of record provided (a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing prevents County's intended use and development of the Property (" Permitted Exceptions " ) . 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property . County shall within fifteen ( 15 ) days following the Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if (a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty (30 ) days from receipt of notice from County of title defects (" Curative Period " ) . Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , by written notice to Seller, to : ( i ) to terminate this Agreement , whereupon shall be of no further force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to closing . 4 . Representations of the Seller. w 4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the sole 1 5/20/2004C:\Documents and Settings\Joe\Desktop\Coultas Agreement newest version.doc