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0 e q10 g <br />ORIGINAL <br />AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE <br />BETWEEN INDIAN RIVER COUNTY <br />AND <br />DAVID ELDELL AND ALFREDIA BENDER <br />THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is <br />made and entered into as of the 19th day of August , 2008, by and between <br />Indian River County, a political subdivision of the State of Florida ("the County"), and David <br />Eldell and Alfredia Bender, his daughter, ("Sellers"), who agree as follows: <br />WHEREAS, David Eldell and Alfredia Bender own property located at 5730 85th <br />Street, Sebastian, Florida, attached to this agreement as Exhibit "A" and incorporated by <br />reference herein; and <br />WHEREAS, the County, is scheduled to expand 85th Street in the future and the <br />road expansion will impact and affect David Eldell and Alfredia Bender'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 and storm -water retention, <br />from landowners adjacent to 85th Street; and <br />WHEREAS, the County has contacted the David Eldell and Alfredia Bender and has <br />offered to purchase a lot containing approximately 0.12 acre or 5,400 square feet of <br />property from the Eldell be used as right-of-way and storm -water retention; and <br />WHEREAS, the County is prepared to take the Property by using its power of <br />eminent domain; and <br />WHEREAS, David Eldell, Alfredia Bender and the County wish to avoid the risk, <br />time and expense of litigation by entering into this agreement for sale and purchase of the <br />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 5730 85th Street, <br />Sebastian, Florida and more specifically described in the legal description attached as <br />Exhibit "A", containing approximately 0.12 acre, and all improvements thereon, together <br />1 <br />