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AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> BETWEEN <br /> IRA J . JR . AND VIRGINIA BINGHAM AND INDIAN RIVER COUNTY <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is <br /> made and entered into as of the 3rd day of September , 2008 , by and between Indian <br /> River County , a political subdivision of the State of Florida ( "the County" ) , and Ira J . <br /> Bingham Jr, and his wife Virginia Bingham , ( "Seller" ) , who agree as follows : <br /> WHEREAS , Ira J . and Virginia Bingham own a 9 . 113 ± acre parcel of property <br /> located north of 73rd Street on 66th Avenue , Vero Beach , Florida , A sketch and legal <br /> description of the property is attached to this agreement as Exhibit "A" and incorporated by <br /> reference herein ; and <br /> WHEREAS , the County , is scheduled to expand 66th Avenue in the near future and <br /> the road expansion will impact and affect the Seller' s property ; and <br /> WHEREAS , in order for the County to proceed with its road expansion plans , the <br /> County needs to purchase property to be used as right-of-way from landowners adjacent to <br /> 66th Avenue ; and <br /> WHEREAS , the County has contacted Seller and has offered to purchase a 104 , 370 <br /> square foot (2 . 396 acre ) parcel of property from Ira J . and Virginia Bingham to be used as <br /> right-of-way as depicted on Exhibit "A" (the Property ) ; and <br /> WHEREAS , Ira J . and Virginia Bingham are represented by Raymer F . Maguire III of <br /> the law firm of Fixel , Maguire & Willis , 1010 Executive Center Drive , Suite 121 , Orlando , <br /> Florida ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , Seller and the County wish to avoid the risk , time and expense of <br /> litigation by entering into this agreement for sale and purchase of the Property ; <br /> NOW , THEREFORE , in consideration of the mutual terms , conditions , promises , <br /> covenants and premises hereinafter, the COUNTY and SELLER agree as follows : <br /> 1 . Recitals . The above recitals are affirmed as being true and correct and are <br /> incorporated herein <br /> 1 <br />