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� 9 <br /> ORIGINAL <br /> y, r <br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE <br /> BETWEEN <br /> ROBERT J . , II AND WENDY GARDINER <br /> AND <br /> INDIAN RIVER COUNTY <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is <br /> made and entered into as of the 9th day of September , 2008 , by and between <br /> Indian River County , a political subdivision of the State of Florida ("the County") , and <br /> Robert J . Gardiner II and Wendy Gardiner, his wife , ("Sellers") , who agree as follows : <br /> WHEREAS , the Gardiners owns property located at 6705 66th Avenue , Vero Beach , <br /> Florida . A legal description of the property is attached to this agreement as Exhibit "A" and <br /> incorporated by reference herein ; and <br /> WHEREAS , the County, is scheduled to expand 66th Avenue in the future and the <br /> road expansion will impact and affect the Gardiner'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 <br /> to 66th Avenue ; and <br /> WHEREAS , the County has contacted the Gardiners and has offered to purchase <br /> an approximately 1 . 260 acre parcel of property to be used as right-of-way as depicted on <br /> Exhibit "A" (the Property) ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of <br /> eminent domain ; and <br /> WHEREAS , Mr. Robert J . Gardiner II and Wendy Gardiner and the County wish to <br /> avoid the risk , time and expense of litigation by entering into this agreement for sale and <br /> 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 /> 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , <br /> and the County hereby agrees to purchase from Seller, upon the terms and conditions set <br /> forth in this Agreement , that certain parcel of real property located at 6705 66th Avenue , <br /> 1 <br />