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AGREEMENT TO PURCHASE AND SELL REORQ1 N A LST I38 <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made <br /> and entered into as of the 29th of March , 2007, by and between Indian River County , a <br /> political subdivision of the State of Florida ("County") , and <br /> 1. Basil & Donna L. Keller, husband and wife ("Sellers") , who agree as follows : <br /> 1 . 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 at 74th Street, Vero Beach (see <br /> attached Exhibit "A " County of Indian River, State of Florida and more specifically described on <br /> Exhibit "A" attached hereto and incorporated by this reference containing approximately <br /> 18 , 557square feet, and all improvements thereon , together with all easements , rights and uses <br /> now or hereafter belonging thereto (collectively , the " Property") . <br /> 2 . Purchase Price , Effective Date . The purchase price (the " Purchase Price") for the <br /> property shall be Thirty- Thousand one-Hundred- and 00/00 Dollars ($30, 100. 00). The <br /> Purchase Price shall be paid on the Closing Date . The Effective Date of this Agreement shall be <br /> the date upon which the County shall have approved the execution of this Agreement, either by <br /> approval by the Indian River County Board of County Commissioners at a formal meeting of <br /> such Board or by the County Administrator pursuant 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 <br /> for the year of Closing and covenants , restrictions and public utility easements of record provided <br /> (a) there exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing <br /> prevents County's intended use and development of the Property (" Permitted Exceptions ") . <br /> 3 . 1 County may order an Ownership and Encumbrance Report or Title Insurance <br /> Commitment with respect to the Property. County shall within fifteen ( 15) days following the <br /> Effective Date of this Agreement deliver written notice to Seller of title defects . Title shall be <br /> deemed acceptable to County if (a) County fails to deliver notice of defects within the time <br /> specified , or (b) County delivers notice and Seller cures the defects within thirty (30) days from <br /> receipt of notice from County of title defects ("Curative Period ") . Seller shall use best efforts to <br /> cure the defects within the Curative Period and if the title defects are not cured within the <br /> Curative Period , County shall have thirty (30) days from the end of the Curative Period to elect, <br /> by written notice to Seller, to : (i) to terminate this Agreement , whereupon shall be of no further <br /> force and effect, or (ii) extend the Curative Period for up to an additional 90 days ; or (iii) accept <br /> 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 /> P:\EngineeringURobert Webb1 o66thavepr ject\74th ave 12th to 4th\basildonnakeller Purchase Contractdoc - 1 - <br />