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y -� 1 � of <br /> 4pv ® ,r1 / (P <br /> ORIGINAL <br /> AGREEMENT TO PURCHASE , SELL , AND LEASE REAL ESTATE <br /> BETWEEN INDIAN RIVER COUNTY <br /> AND <br /> THOMAS LESTER O ' NEAL , JR . <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement" ) is made <br /> and entered into as of the 21st day of April 2009 , by and between Indian River <br /> County , a political subdivision of the State of Florida ( "the County" ) , and Thomas Lester <br /> O ' Neal , Jr . , ( " Seller") , who agree as follows : <br /> WHEREAS , Thomas Lester O ' Neal , Jr . owns property located at 7115 66 `h Avenue , <br /> Vero Beach , Florida . (the Property ) A sketch and legal description is attached to this <br /> agreement as Exhibit "A" and incorporated by reference herein ; and <br /> WHEREAS , the County , is scheduled to expand 66`h Avenue in the future and the road <br /> expansion will impact and affect the O ' Neal 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 to <br /> 66th Avenue ; and <br /> WHEREAS , the County has contacted Seller and has offered to purchase an <br /> approximately 0 . 48 acre parcel of property from the Seller to be used as right- of-way ; and <br /> WHEREAS , the County is prepared to take the Property by using its power of eminent <br /> domain ; and <br /> WHEREAS , the Seller and the County wish to avoid the risk , time and expense of <br /> litigation by 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 <br /> incorporated herein <br /> 2 . Agreement to Purchase and Sell . 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 <br /> this Agreement , that certain parcel of real property located at 7115 66`h Avenue , Vero Beach , <br /> Florida and more specifically described in the sketch and legal description attached as Exhibit <br /> "A" , containing approximately 0 . 48 acre , and all improvements thereon , together with all <br /> easements , rights and uses now or hereafter belonging thereto (collectively , the " Property " ) . <br /> 2 . 1 Purchase Price , Effective Date . The purchase price (" Purchase Price " ) for the Property <br /> 1 <br />