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0811qld � AGREEMENT TO PURCHASE AND SELL RED AL - oZ5 � 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 (" County") , and Robert H . Cook , Jr. ( " Sellers " ) , 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 8000 26th Street, Vero Beach , FL 32966 (see attached Exhibit "A"I County of Indian River, State of Florida and more specifically described on Exhibit "A" attached hereto and incorporated by this reference containing approximately 39, 834. 6 square feet , and with all improvements , such as fence , irrigation systems and other operational equipment found to be located within the right-of-way shall be relocated on sellers property at no cost to the seller . 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price " ) for the parcel shall be Sixty- Three- Thousand-Nine-Hundred=Eighty- 00/00 Dollars ($63, 980. 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. 4 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the sole owner of and has good right , title , and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances . CADocuments and Settings\rwebb\Desktop\Robert Webb\Cook26thstreet Purchase Contract. doc 1