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' V 0 R I G A L <br /> JUN 2 3 2004 7 M j <br /> 5 <br /> INDIAN RIVER COUNTY Q <br /> ENGINEERING DIVISION <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 7th day of April, 2004 , by and between Indian River County, a political <br /> subdivision of the State of Florida ("County") , and Joel E . BeasonVnd Anna M. Bell , as tenants in <br /> common, ("Sellers") , who agree as follows : <br /> G LorZiF} 114944JOAl /11, c CVA <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 118 Keystone Drive, City of Sebastian, <br /> 0ounty of Indian River, State of Florida and more specifically described on Exhibit "A, " attached <br /> hereto and made a part of this Agreement, containing 12 , 500 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 THIRTY- SEVEN THOUSAND AND 00/ 100 Dollars ($ 37, 000 . 00) . The Purchase Price <br /> shall be paid on the Closing Date . The Effective Date of this Agreement shall be the date upon which <br /> the County shall have approved the execution of this Agreement, either by approval by the Indian <br /> River 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 /> 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 /> 1 <br /> F : \Engineering\RonC\Word Docs\Beason-bell Agreement.doc <br /> Standard Real Estate Agreement — Beason/Bell <br />