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ADDENDUM
<br /> 1 , ENVIRONMENTAL SITE ASSESSMENT. The County may, at its expense and prior to the
<br /> November 4, 2005 , conduct an environmental site assessment of the Property which meets the standard of
<br /> practice of the American Society of Testing Materials ("ASTM " ) . The examination of hazardous
<br /> materials contamination shall be performed to the standard of practice of the ASTM, Practice E 1527 . For
<br /> purposes of this Addendum "Hazardous Materials " shall mean any hazardous or toxic substance, material
<br /> or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter
<br /> defined in paragraph 4 .13 . ) . Diamond shall execute and deliver the Environmental Affidavit, in the form
<br /> attached, at closing.
<br /> 2 . SURVEY. The County may, at its cost, obtain a current boundary survey of the Property
<br /> prepared by a professional land surveyor licensed by the State of Florida which meets the standards and
<br /> requirements of the County, and the County ' s anticipated funding partner, the Florida Communities Trust
<br /> (FCT). The date of certification of the survey shall be within 90 days before the date of closing for
<br /> purposes of deleting the standard exceptions for survey matters and easements or claims of easements not
<br /> shown by the public records from the owner's title policy. If the Survey shows any encroachment on the
<br /> Property, or that improvements located on the Property encroach on the land of others, the same shall be
<br /> treated as a title defect.
<br /> 3 . TITLE INSURANCE. The County, at its sole cost, and no later than November 4, 2005 , obtain a
<br /> marketable title insurance commitment, to be followed by an owner's marketable title insurance policy
<br /> (ALTA Form "B ") from a title insurance company, approved by the County, insuring marketable title of
<br /> the County in and to the Property in the amount of the total purchase price . Diamond shall provide
<br /> affidavits, and corrective documents (in any), reasonably requested by the title insurer to delete the
<br /> standard exceptions of such policy referring to : (a) all taxes, (b) unrecorded rights or claims of parties in
<br /> possession, (c) survey matters, provided County obtains survey, (d) unrecorded easements or claims of
<br /> easements, provided County obtains survey, and (e) unrecorded mechanics' liens . Upon notice by the
<br /> County Diamond shall take reasonable steps prior to closing to remove defects to title disclosed by the
<br /> title commitment, but shall not be obligated to bring suit to cure such defects .
<br /> 4 . INTEREST CONVEYED . At closing, Diamond shall execute and deliver to the County a
<br /> statutory warranty deed in accordance with Section 689. 02 , Florida Statutes, conveying marketable title to
<br /> the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies
<br /> and other encumbrances, except for those that are acceptable by the County. The grantee in the
<br /> Warranty Deed shall be Indian River County, a political subdivision of the State of Florida. Diamond
<br /> hereby represents and warrants to the County that the Property is owned in fee simple by the Leona
<br /> Diamond Trust.
<br /> 5 , PREPARATION OF CLOSING DOCUMENTS . Upon execution of this Assignment, Diamond
<br /> shall submit to the County a properly completed and executed beneficial interest affidavit and disclosure
<br /> statement as required by Sections 286 .23 , and 380.08(2), Florida Statutes . The County or its
<br /> representative shall prepare the warranty deed; closing statements; the title, possession and lien affidavit
<br /> certified to the County and title insurer in accordance with Section 627 . 7842, Florida Statutes on forms
<br /> approved by the County; and, the environmental affidavit. Diamond shall provide reasonable evidence,
<br /> upon request of the County of the title insurer, of authority from the owner of the Property to the
<br /> individual executing all documents . JCL with Diamond' s approval shall prepare and submit to the County
<br /> for County review and approval the final proposed easement for access to the Diamond property
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