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ORIGINAL <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE Iqo <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement") is made <br /> and entered into as of the ig day of J , 2004 , by and between Indian River County, a <br /> political subdivision of the State of Florida County") , and Poo - Sen Chu and Kuei -Ying Chu , his <br /> wife , ( Collectively, "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 1969 Barber Street, City of Sebastian, <br /> County of Indian River, State of Florida and more specifically described on Exhibit "A, " attached <br /> hereto and made a part of this Agreement, containing 10 , 000 square feet and all improvements <br /> thereon, together with all easements , rights and uses now or hereafter belonging thereto (collectively, <br /> the "Property") . <br /> 2 . Purchase Price , Effective Date The purchase price (the "Purchase Price") for the Property <br /> shall be Fifty Thousand Dollars and No Cents ($ 50 , 000 . 00) . The Purchase Price shall be paid on the <br /> Closing Date . The Effective Date of this Agreement shall be the date upon which the County shall <br /> have approved the execution of this Agreement, either by approval by the Indian River County Board <br /> 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 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 /> to 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 /> County. <br /> 4 . 3 There are no existing or pending special assessments affecting the Property, which are ormay <br /> be assessed by any governmental authority, water or sewer authority, school district, drainage district <br /> F :\Public Works\Capital Projects\Misc .Agreements\Chu .BarberSt. Revised6- I5-04. doc 1 <br /> (Revised Agreement supersedes previous Agreement) <br /> /´┐ŻETUrP/Y %0 1: ,P. fvr/NTY <br />