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4 . A. ENVIRONMENTAL SITE ASSESSMENT . The County may, at its expense and prior to the Option <br /> Expiration Date, 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 materials <br /> contamination shall be performed to the standard of practice of the ASTM, Practice E 1527 . For purposes of <br /> this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance , material or waste of any <br /> kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph <br /> 4 .B . ) . The parties acknowledge that a portion of the Property has been utilized as a citrus grove, and that <br /> materials considered hazardous may have been properly used for the maintenance of the grove . Any issues <br /> which arise from such use will be addressed in Purchaser ' s review of the environmental site assessment under <br /> paragraph 4 .B . hereof. <br /> 4 .B . HAZARDOUS MATERIALS . In the event that the environmental site assessment provided for in <br /> paragraph 4 .A. confirms the presence (or significant risk of the presence, as determined in Purchaser= s sole <br /> discretion) of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to terminate this <br /> Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect <br /> not to terminate this Agreement, Seller shall , at his sole cost and expense and prior to the exercise of the option <br /> and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the <br /> Property necessary to bring the Property into full compliance with any and all applicable federal , state or local <br /> laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or <br /> imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). However, <br /> should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to 5 % of the Total <br /> Purchase Price as stated in paragraph 3 .A. , Seller may elect to terminate this Agreement and no party shall <br /> have any further obligations under this Agreement. In the event that Hazardous Materials placed on the <br /> Property prior to closing are discovered after closing, Seller shall remain obligated hereunder, with such <br /> obligation to survive the closing and delivery and recording of the deed described in paragraph 8 of this <br /> Agreement and Purchaser's possession of the Property, to diligently pursue and accomplish the clean up of <br /> Hazardous Materials in a manner consistent with all applicable Environmental Laws and at Seller's sole cost <br /> and expense. <br /> 5 . SURVEY. Purchaser may, at its sole cost and expense and not less than 35 days prior to the Option <br /> Expiration Date, obtain a current boundary survey of the Property prepared by a professional land surveyor <br /> licensed by the State of Florida which meets the standards and requirements of the County, and the County' s <br /> anticipated funding partner, the Florida Communities Trust. The Survey shall be certified to Purchaser, title <br /> insurer, closing agent and FloridAffinity, Inc . , and the date of certification shall be within 90 days before the <br /> date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of <br /> deleting the standard exceptions for survey matters and easements or claims of easements not shown by the <br /> public records from the owner's title policy. If the Survey shows any encroachment on the Property, or that <br /> improvements intended to be located on the Property encroach on the land of others, the same shall be treated <br /> as a title defect under this Agreement. <br /> 6 , TITLE INSURANCE. Seller shall , at his sole cost and expense and at least 35 days prior to the <br /> Option Expiration Date, furnish to Purchaser a marketable title insurance commitment, to be followed by an <br /> owner's marketable title insurance policy (ALTA Form "B" ) from a title insurance company, approved by the <br /> Purchaser, insuring marketable title of the Purchaser in and to the Property in the amount of the Total Purchase <br /> Price . Seller shall require that the title insurer delete the standard exceptions of such policy referring to : (a) all <br /> taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or <br /> 12 / 10 / 04 <br /> Page 2 <br />