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environmental site assessments. It shall be Windsor's responsibility to consult with DSL to obtain such standards to
<br /> assure the product meets DSL conditions for such products. County will, at its sole cost and expense, obtain a phase I
<br /> environmental site assessment of Tract B, certified to Windsor, to determine the existence and extent, if any,
<br /> of
<br /> Hazardous Materials on that Tract. County shall, at its sole cost and expense, obtain a phase I environmental site
<br /> assessment of Tract C to determine the existence and extent, if any, of Hazardous Materials on that Tract. County shall
<br /> require that the phase I environmental site assessment of Tract C be certified to BOT to the extent of Tract E, which is
<br /> included within Tract C. The ESA to be certified to BOT as to Tract E shall conform with DSL's standards for
<br /> environmental site assessments. It shall by County's responsibility to consult with DSL to obtain such standards to
<br /> assure the product meets DSL conditions for such products. Windsor may, at its sole cost and expense, obtain a phase I
<br /> environmental site assessment of Tract A to determine the existence and extent, if any, of Hazardous Materials on that
<br /> Tract. All ESA 's will be obtained within six months prior to the closing of the exchange, or updated to such a date. For
<br /> purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of
<br /> any kind or any other substance that is regulated by any Environmental Law (as hereinafter defined in paragraph 3 .B.).
<br /> 3 .13 . HAZARDOUS MATERIALS. If any of the environmental site assessments of Tracts D, B or C as provided
<br /> for in paragraph 3 .A. confirms the presence of Hazardous Materials that exceed a minimum level established under any
<br /> Environmental Law, then, as to Tracts C and D Windsor shall bring said tracts into compliance with Environmental
<br /> Law; provided, however, if the estimate to bring said tracts into compliance with Environmental Law exceeds
<br /> $ 50,000.00 then Windsor may terminate this Agreement. If the affected receiving party agrees to pay the cost of
<br /> bringing the affected Tract into compliance with Environmental Law that exceeds $50,000.00, then Windsor's
<br /> termination shall be void and Windsor shall pay $50,000 toward bringing the affected tract into compliance with
<br /> Environmental Law and the receiving party who has so agreed shall pay the balance. "Environmental Law" means all
<br /> federal, state and local laws, including statutes, regulations, ordinances, codes, rules, judgments, orders, decrees,
<br /> permits, concessions, grants, franchises, licenses, agreements and other governmental restrictions relating to the
<br /> protection of the environment or human health, welfare or safety, or to the emission, discharge, seepage, release or
<br /> threatened release of any contaminant, chemical, waste, irritant, petroleum product, waste product, radioactive
<br /> material, flammable or corrosive substance, explosive, polychlorinated biphenyl, asbestos, hazardous or toxic
<br /> substance, material or waste of any kind into the environment, including, without limitation, ambient air, surface
<br /> water, ground water, or land including, but not limited to, the Federal Solid Waste Disposal Act, the Federal Clean
<br /> Air Act, the Federal Clean Water Act, the Federal Resource and Conservation and Recovery Act of 1976, the
<br /> Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, the Federal Superfund
<br /> Amendments and Reauthorization Act of 1986, Chapters 161 , 253 , 373, 376 and 403 , Florida Statutes, Rules of the
<br /> U. S . Environmental Protection Agency, Rules of the Florida Department of Environmental Protection, and the rules
<br /> of the Florida water management districts now or at any time hereafter in effect.
<br /> Nothing herein shall be construed to limit the parties ' legal liability under any Environmental Law for Hazardous
<br /> Materials located on the properties to be conveyed in this exchange, nor to limit a party/Grantee ' s legal and equitable
<br /> remedies against a party/Grantor as to a tract conveyed in the exchange under any Environmental Law for Hazardous
<br /> Materials located on the tract conveyed.
<br /> 4. SURVEY. Windsor will obtain at its sole cost and expense a current boundary survey of Tracts A through E
<br /> prepared by a professional surveyor and mapper licensed by the State of Florida that meets the standards
<br />and
<br /> requirements of DSL (" Survey"). If the Survey shows any encroachment on Tracts A through E or that improvements
<br /> intended to be located on Tracts A through E encroach on the land of others or on other Tracts, the same shall be treated
<br /> as a title defect.
<br /> 4. 1 BASELINE DOCUMENTATION. A report documenting the condition of Tract E at closing shall be obtained
<br /> by Windsor at Windsor's sole cost and expense. The baseline documentation report shall be prepared in accordance
<br /> with the terms and conditions of DSL for such reports and shall be approved by DSL prior to closing.
<br /> 5 . TITLE INSURANCE. Windsor will, at its sole cost and expense, obtain marketable title insurance
<br /> commitments, to be followed by owner's marketable title insurance policies (ALTA Form "B " with Florida revisions)
<br /> insuring marketable title in BOT to Tract D for an amount equal to the value of that tract as set forth in Paragraph 2, and
<br /> insuring marketable title in County to Tract C for an amount equal to the number of acres of the property to be received
<br /> by the County times the average per acre value of the Tract D as set forth in Paragraph 2. Windsor will also obtain and
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<br /> BLA- 104 , Revised 01 /26/06
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