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DigiSign Verified: 8E3E7A25-30D4-4854-B8B3-D6A8A916EB6B
<br />Attachment 3
<br />terms are defined in the Clean Water Act, 33 U.S.C. 11251 et sea. and the regulations promulgated
<br />thereunder (as amended from time to time), the Resource, Conservation and Recovery Act, 42
<br />U.S.C. '6901 et seq. (as amended from time to time), and the Florida Resource Recovery and
<br />Management Act, Florida Statutes `403.70-403.73 (as amended from time to time) and shall
<br />include any other elements or compounds contained in the list of hazardous substances adopted by
<br />the United States Environmental Protection Agency ("EPA") and the list of toxic pollutants
<br />designated by the United States Congress or EPA as defined by any other Federal, State or local
<br />statute, law, ordinance, code, rule, regulation, order or decree relating to standards of conduct
<br />concerning any toxic or dangerous waste or substance). No later than seven (7) days after the
<br />Effective Date, Seller shall provide to Buyer any and all information relating to the Property which
<br />is in Sellers' possession or control or in the possession or control of Sellers' agents, employees
<br />and/or professionals, including, without limitation, full and complete copies of all leases, surveys,
<br />topographical maps, soil boring reports, traffic studies, any and all environmental reports, site
<br />planning concepts, project approvals, permits, licenses, title policies, proof of payment of school,
<br />water, sewer, road and recreational impact fees, homeowners' association documents, developer
<br />agreements (whether recorded or not) and any other document of which Seller has knowledge. If
<br />for any reason Buyer, in its sole and absolute discretion, determines that the Contemplated
<br />Improvements cannot be built on the Property or that Buyer wishes to terminate this Agreement
<br />for any reason or no reason at all, then no later than the expiration of the Investigation Period,
<br />Buyer shall, in writing, notify Seller that it has elected not to proceed with the transaction
<br />contemplated hereby. Thereupon, the Deposit shall immediately be returned to Buyer without the
<br />need for any authorization from Seller to Escrow Agent and the parties hereto shall be relieved of
<br />all liability under this Agreement other than those that specifically survive hereunder. In the event
<br />that Buyer fails to timely notify Seller in writing of its election not to proceed with the transaction
<br />contemplated hereby, Buyer shall be deemed to have elected to proceed. Following any inspections
<br />upon the Property, Buyer or Buyer's agents shall return the Property to the condition it existed
<br />immediately prior to such inspections, reasonable wear and tear excepted.
<br />5. Conditions Precedent to Buyer's Obligation to Close. The following are specific
<br />conditions which must be satisfied prior to, and must be true at, Closing:
<br />(a) No Governmental Prohibitions. There are no governmental prohibitions that
<br />prevent Buyer from constructing the Contemplated Improvements.
<br />(b) Access. There shall be direct, uninterrupted and continuous ingress and
<br />egress access for pedestrian and vehicular traffic to and from the Property.
<br />(c) Other. All of the other conditions set forth in this Agreement to be satisfied
<br />prior to the Closing shall have been satisfied in all respects as required by the terms of this
<br />Agreement.
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