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q10 g ORIGINAL AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND DAVID ELDELL AND ALFREDIA BENDER THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the 19th day of August , 2008 , by and between Indian River County , a political subdivision of the State of Florida ("the County") , and David Eldell and Alfredia Bender , his daughter, ("Sellers") , who agree as follows : WHEREAS , David Eldell and Alfredia Bender own property located at 5730 85th Street , Sebastian , Florida , attached to this agreement as Exhibit "A" and incorporated by reference herein ; and WHEREAS , the County, is scheduled to expand 85th Street in the future and the road expansion will impact and affect David Eldell and Alfredia Bender' s property ; and WHEREAS , in order for the County to proceed with its road expansion plans , the County needs to purchase property to be used as right-of-way and storm -water retention , from landowners adjacent to 85th Street ; and WHEREAS , the County has contacted the David Eldell and Alfredia Bender and has offered to purchase a lot containing approximately 0 . 12 acre or 5 , 400 square feet of property from the Eldell be used as right-of-way and storm-water retention ; and WHEREAS , the County is prepared to take the Property by using its power of eminent domain ; and WHEREAS , David Eldell , Alfredia Bender and the County wish to avoid the risk , time and expense of litigation by entering into this agreement for sale and purchase of the Property ; NOW, THEREFORE , in consideration of the mutual terms , conditions , promises , covenants and premises hereinafter, the COUNTY and SELLER agree as follows : 1 . Recitals . The above recitals are affirmed as being true and correct and are incorporated herein 2 . 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 5730 85th Street, Sebastian , Florida and more specifically described in the legal description attached as Exhibit "A containing approximately 0 . 12 acre , and all improvements thereon , together . 1