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r <br /> AGREEMENT FOR THE PURCHASE AND SALE OF REAL ESTATE PALM TREES AND FOR <br /> THE SALE AND CARE OF ORNAMENTAL <br /> BETWEEN <br /> INDIAN RIVER COUNTY AND THE BANACK FAMILY LIMITED PARTNERSHIP <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ( "Agreement" ) is made <br /> and entered into as of the 6th day of Apri 1 , 20101 by and between Indian River County , <br /> a political subdivision of the State of Florida ("the County " ) , and the Banack Family Limited <br /> Partnership ( " Seller" ) , who agree as follows : <br /> WHEREAS , Seller owns a 37 ± acre parcel of property located adjacent to 66th Avenue <br /> south of 41St Street in the unincorporated section of Indian River County , Florida . An aerial <br /> photograph 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 the <br /> 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 County <br /> needs to purchase property to be used as right- of-way from landowners adjacent to 66th Avenue ; <br /> and <br /> WHEREAS , the County has contacted Seller and has offered to purchase a 3 . 838 parcel <br /> of property from the Banack Family Limited Partnership to be used as right- of-way as depicted <br /> on Exhibit " B " (the " Property" ) ; and <br /> WHEREAS , the Banack Family Limited Partnership is represented by Raymer F . Maguire <br /> III of the law firm of Fixel , Maguire & Willis , 605 East Robinson Street , Suite 140 , Orlando , <br /> Florida ; and <br /> WHEREAS , Seller is willing to sell to the County the fee simple interest in the 3 . 838 acres , <br /> and <br /> WHEREAS , the County is prepared to take the Property by using its power of eminent <br /> domain ; and <br /> WHEREAS , Seller and the County wish to avoid the risk , time and expense of litigation by <br /> 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 incorporated <br /> herein <br /> 1 <br />