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ORICINAL W . 0 5 - Ql? <br /> S � <br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE <br /> BETWEEN <br /> INDIAN RIVER COUNTY AND HERBERT T . JAMES , JR . , AS TRUSTEE OF <br /> THE HERBERT T . JAMES , JR , REVOCABLE TRUST - 1991 <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made and <br /> entered into as of the 5th day of May , 2009 , by and between Indian River County , <br /> a political subdivision of the State of Florida ( "the County" ) , and Herbert T . James , Jr . , <br /> as <br /> Trustee of the Herbert T . James , Jr . Revocable Trust- 1991 ( " Seller" ) , who agree as follows : <br /> WHEREAS , the Herbert T . James , Jr . Revocable Trust 1991 , located at 53 `d Street , Vero <br /> Beach , Florida . A sketch and legal description of the property is attached to this agreement as <br /> Exhibit "A" and incorporated by reference herein ; and <br /> WHEREAS , the County , is scheduled to expand 66th Avenue in the future and the road <br /> expansion will impact and affect the Herbert T . James , Jr . Revocable Trust 1991 ' s property ; and <br /> WHEREAS , in order for the County to proceed with its road expansion plans , the County <br /> needs to purchase property to be used as right- of-way from landowners adjacent to 53rd Street ; <br /> and <br /> WHEREAS , the County has contacted Herbert T . James , Jr . , Trustee and has offered to <br /> purchase an approximately 0 . 560 acre parcel of property from the Herbert T . James , Jr . <br /> Revocable Trust 1991 to be used as right-of-way as depicted on Exhibit "A" (the Property) ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of eminent <br /> domain ; and <br /> WHEREAS , the Herbert T . James , Jr . Revocable Trust 1991 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 incorporated <br /> herein <br /> 2 . Agreement to Purchase and Sell . The Seller hereby agrees to sell to the County , and the <br /> 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 on the north side of 53rd Street west of <br /> 66th Avenue , Vero Beach , Florida and more specifically described in the sketch and legal <br /> description attached as Exhibit "A" , containing approximately 0 . 560 acres , and all improvements <br /> thereon , together with all easements , rights and uses now or hereafter belonging thereto <br /> (collectively , the " Property" ) . <br /> 1 <br />