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4A t • , , , 1AN <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 `la day of :5 p4k4m %l - v , 2008 by and between Indian River County, a <br /> political subdivision of the State of Florida ("County") , and David Godwin , (" Seller") , who agrees as <br /> follows : <br /> 1 . Agreement to Purchase and Sell and Grant . The Seller hereby agrees to sell to the County, and <br /> the 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 5825 85th Street, Vero Beach, County of <br /> Indian River, State of Florida and more specifically described in Exhibit "A, " containing <br /> approximately 0 . 15 acres , zoned RS - 3 , and all improvements thereon, together with all easements , <br /> rights and uses now or hereafter belonging thereto . <br /> 2 . Purchas rice, Effective Date . The chase price (the "Purchase Price") for the Property shall <br /> be Thirty 1housand 00/ 100 Dollars ($ ) . The Purchase Price shall be paid on the Closing <br /> Date . The Effective Date of this Agreement shall be the date upon which the County shall have <br /> approved the execution of this Agreement , either by approval by the Indian River County Board of <br /> County Commissioners at a formal meeting of such Board or by the County Administrator pursuant <br /> 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 ( 30) 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 /> 4 . 3 There are no existing or pending special assessments affecting the Property, which are or may <br /> be assessed by any governmental authority, water or sewer authority, school district, drainage district <br /> or any other special taxing district . <br /> 1 <br />