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2006-253A
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2006-253A
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ADDENDUM TO VACANT LAND CONTRACT <br /> I . A. TOTAL PURCHASE PRICE . The Total. Purchase Price of $665 ,000 . 00 ($ 163 ,390 . 66 <br /> per acre) is based on acreage estimates utilized in the appraisals obtained by the Buyer : including <br /> a total acreage of approximately 4 . 07 acres . This Agreement is contingent upon approval of the <br /> survey by Buyer. <br /> 2.A. ADJUSTMENT OF TOTAL PURCHASE PRICE. If, prior to closing and after review <br /> of the survey, environmental assessment or title, Buyer determines that the property contains less <br /> than 4 . 07 acres, the Total Purchase Price stated in paragraph I .A. shall be reduced in a pro rata <br /> amount commensurate with the decrease in the actual acreage. If , after review of the survey, <br /> environmental assessment or title, Buyer determines the Total Purchase Price exceeds the final <br /> County approved appraised value of the Property, or if the survey reveals less than 3 . 50 acres, <br /> Buyer shall, in it' s sole discretion, have the right to terminate this Agreement by written notice to <br /> Seller and neither party shall have any further obligations under this Agreement. <br /> 3 .A . ENVIRONMENTAL SITE ASSESSMENT. The Buyer may, at its expense and prior to <br /> the end of the Feasibility Study Period, conduct an environmental site assessment of the Property <br /> which meets the standard of practice of the American Society of Testing Materials (" ASTM ") . <br /> The examination of hazardous materials contamination shall be performed to the standard of <br /> practice of the ASTM, Practice E 1527 . For purposes of this Agreement "Hazardous Materials " <br /> shall mean any hazardous or toxic substance, material or waste of any kind or any other <br /> substance which is regulated by any Environmental Law (as hereinafter defined in paragraph <br /> 4 .A.) . Any issues which arise from such use will be addressed in Buyer' s review of the <br /> environmental site assessment under paragraph 4 .A . hereof. <br /> 4 .A. HAZARDOUS MATERIALS . In the event that the environmental site assessment <br /> provided for in paragraph 3 .A. confirms the presence (or significant risk of the presence, as <br /> determined in Buyer' s sole discretion) of Hazardous Materials on the Property, Buyer, at its sole <br /> option, may elect to terminate this Agreement and neither party shall have any further <br /> obligations under this Agreement. Should Buyer elect not to terminate this Agreement, Seller <br /> shall , at his sole cost and expense and prior to the exercise of the option and closing, promptly <br /> commence and diligently pursue any assessment, clean up and monitoring of the Property <br /> necessary to bring the Property into Poll compliance with any and all applicable federal, state or <br /> local laws, statutes, ordinances , rules, regulations or other governmental restrictions regulating, <br /> relating to, or imposing liability or standards of conduct concerning Hazardous Materials <br /> ("Environmental Law") . However, should the estimated cost of clean up of Hazardous Materials <br /> exceed a sum which is equal to 5 % of the Total Purchase Price as stated in paragraph 1 . A. , Seller <br /> may elect to terminate this Agreement and no party shall have any further obligations under this <br /> Agreement. 1A thp cirentthat Llazar-dQIN Mgtcrials plaaed OP IhG P ort. , .."; <br /> tLe plosipwand APLATerar QPJ rerwalingf th dQVJ !1 soribQd ; n paragraph Q of this A gryg. wN4 <br /> p F h p /t gil : atl . _ai44 plisL. 41. 0 GleaR up <br /> lse4lef's Sale eest and <br /> 12/ 10/04 <br /> Page 1 <br />
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