Okaloosa County BOCC — February 3, 2015 — Purchase & Sale Agreement

PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT is made this __ day of , 201_, between Thomas B. Horne, lll, Dallas Briscoe Horne, Barbara Beth Horne and Daniel Gene Horne, joint tenants, 5908 Houston Lane, Crestview, Florida, 32539, collectively as “Seller"), and OKALOOSA COUNTY, a political subdivision of Florida, through its Board of County Commissioners (the "Board") with an address at 1804 Lewis Turner Boulevard, Suite 100, Fort Walton Beach, Florida 32547, as "Purchaser”(the “Agreement”). For and in consideration of the Purchase Price and the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. AGREEMENT TO PURCHASE AND SELL. (A) Seller agrees to sell and convey to Purchaser, and Purchaser agrees to buy from Seller, subject to the terms and conditions hereinafter set forth, all of Seller's rights, title, and interest in and to the real property located in Okaloosa County, Florida, shown in Exhibit "A", together with all improvements, easements and appurtenances ("Property”), in accordance with the provisions of this Agreement. (B) The acquisition by the Purchaser will be handled through the Okaloosa County Water and Sewer Department as a separate enterprise fund of the County, with the Water and Sewer Director as the Purchaser's representative. (C) There shall be no deposit required with the execution of this Agreement by the Purchaser. (D) Seller Agrees to convey to Purchaser at Closing an access easement providing ingress and egress to and from the Property at a location and in a form mutually agreeable to Purchaser and Seller. (E) At Closing, Seller agrees to convey to Purchaser a 20-foot utility easement as shown in Exhibit “A”. 2. CONTINGENCIES. This Agreement shall not be binding on the parties until fully executed first by the Seller and then only upon approval by the Okaloosa County Board of County Commissioners and execution by the Chairman of that Board. All dates and timelines herein shall run from the date this Agreement is executed by the Chairman of the Okaloosa County Board of County Commissioners. 3. PURCHASE PRICE. Purchaser }}Ey_f/ - Seller* (A) The purchase price for the Property is Seventy Thousand and 00/100 DOLLARS ($70,000.00) (“Initial Purchase Price") which, after credit for any deposit, will be paid by County certified check or by electronic transfer at closing. (B) Seller hereby authorizes Purchaser to issue a County check or electronic transfer for the Purchase Price directly to the Escrow Agent who is authorized by law to receive such payment, and who is acceptable to Purchaser, and to require the Escrow Agent to pay Seller's expenses of sale and prorated real estate taxes. (C) The Initial Purchase Price is subject to adjustment in accordance with Seller credits and debits as set forth in this Agreement and the Final Purchase Price shall be determined consistent therewith. 4. FEASIBILITY AND SUITABLITY ANALYSIS. (A) Seller has provided Purchaser with access to the Property and Purchaser, at its expense, has undertaken such analysis of the Property as it deems appropriate to determine feasibility and suitability for Purchaser’s purposes. (B) Environmental Site Assessment — Seller has provided to Purchaser any previous, current, or pending court actions or regulatory actions, environmental audit information, if any, and other such information regarding any potential hazardous soil or water conditions on or around the Property that are in Seller's control. (C) Purchaser, in its discretion, may cause to be performed, at its sole expense, a Phase | Environmental Site Assessment of the Property (and a subsequent Phase ll, if necessary)(individually or collectively, the “ESA”). If such ESA discloses the presence of any Hazardous Material, Seller shall have the right to perform such cleanup and remediation as is necessar