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l � f9j � <br /> AGREEMENT TO PURCHASE AND SELL REAL ESTATE <br /> THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made <br /> and entered into as of the 4th day of October, 2007 by and between Juanita W. Hill, a single woman, <br /> (" Seller") and Indian River County, a political subdivision of the State of Florida ("County") , who <br /> 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 1346 43rd Avenue, Vero Beach, County of <br /> Indian River, State of Florida and more specifically described in Exhibit "A," containing <br /> approximately 150 square feet, more or less, and all improvements previously agreed upon. (See <br /> attached Addendum)along with any improvements thereon, together with all easements, rights and <br /> uses now or hereafter belonging thereto (collectively, the "Property"). <br /> 2 . Purchase Price, Effective Date . The purchase price (the "Purchase Price") for the Property <br /> shall be Six Hundred Dollars & 00/ 100 ($600 . 00) . The Purchase Price shall be paid on the Closing <br /> Date. The Effective Date of this Agreement shall be the date upon which the County shall have <br /> approved the execution of this Agreement, either by approval by the Indian River County Board of <br /> County Commissioners at a formal meeting of such Board or by the County Administrator pursuant <br /> 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 for the <br /> year of Closing and covenants, restrictions and public utility easements of record provided (a) there <br /> exists at Closing no violation of any of the foregoing ; and (b) none of the foregoing prevents <br /> County's intended use and development of the Property. <br /> 3 .2 County may order an Ownership and Encumbrance Report with respect to the Property. <br /> County shall, within thirty (30) days from receipt of the Ownership and Encumbrance Report, deliver <br /> written notice to Seller of title defects. Title shall be deemed acceptable to County if(a) County fails <br /> to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures <br /> the defects within thirty (30) days from receipt of notice from County of title defects ("Curative <br /> Period") . Seller shall use best efforts to cure the defects within the Curative Period and if the title <br /> defects are not cured within the Curative Period, County shall have thirty (30) days from the end of <br /> the Curative Period to elect, by written notice to Seller, to : (i) to terminate this Agreement, <br /> whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an <br /> additional 90 days; or (iii) accept 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 /> 4 .2 From and after the Effective Date of this Agreement, Seller shall take no action which would <br /> impair or otherwise affect title to any portion of the Property, and shall record no documents in the <br /> Public Records which would affect title to the Property, without the prior written consent of the <br /> County. <br /> 4 . 3 There are no existing or pending special assessments affecting the Property, which are or may <br /> be assessed by any governmental authority, water or sewer authority, school district, drainage district <br /> or any other special taxing district. <br /> ( '_ iac ,7�nb. n dch! 1aJ .. t � .. ipl"tl • d _tr » ,i Ac ! zm A . , . isiiliq :< d IG% P I i , r ; ci 11 <br /> . .inhac <br /> v <br /> me❑ fill ! i ' t 0- do , - - <br /> 1 <br />