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<br />40
<br />ENVZRUNMENTAL AFFIDAVIT
<br />STATE OF FLORIDA
<br />COUNTY OF Indian River_
<br />BEFORE ME, the undersigned authority personally appeared
<br />Marie Simmons and _Peter G. Sabonjohn, Trustee of the jjniveral
<br />who being by me first duly sworn, deposes and states:
<br />1. That Seller is the sole owner in fee simple and now in possession of the
<br />followingg described property together with improvements located thereon located in
<br />Indian liiver County, Florida, to -wit:
<br />See Exhibit "A" attached hereto and by this reference made
<br />a part hereof (hereinafter "the Property")
<br />2. That Seller is this day Ithe "Closing Date") conveying the Property to
<br />_Indian Eiger Gountv�a Political SubcNiviBiqlL of the State of Florida
<br />hereinafter referred to as the "Purchaser".
<br />3. For purposes of this Affidavit the term "Environmental Law" shall mean any and
<br />all federal, state and local statutes, laws, regulations, ordinances, rules,
<br />judgments, orders, decrees, permits, concessions, grants, franchises, licenses,
<br />agreements or other governmental restrictions relating to the protection of the
<br />environment or human health, welfare or safety, or to the emission, discharge,
<br />seepage, release or threatened release of Hazardous Materials (as hereinafter
<br />defined) into the environment including, without limitation, ambient air, surface
<br />water, ground water, or land, or otherwise relating to the handling of such Hazardous
<br />Materials, For purposes of this Affidavit the term "Hazardous Materials" shall mean
<br />any contaminant, chemical, waste, irritant-, petroleum product, waste product,
<br />radioactive material, flammable or corrosive substance, explosive, poly -chlorinated
<br />biphenyls, asbestos, hazardous or toxic substance, material or waste of any kind, or
<br />any other substance which is regulated by any Environmental Law.
<br />4. As of the Closing Date, Seller warrants and represents to Purchaser, its
<br />successors and assigns that:
<br />(i) Seller has not placed, or permitted to be placed, any Hazardous Materials on
<br />the Property, and, to the best- of Seller's knowledge. no other person or entity has
<br />placed, or permitted to be placed, any Hazardous Materials on the Property.
<br />(ii) To the best of Seller's knowledge, there does not exist on the Property any
<br />condition or circumstance which requires or may, in the future, require cleanup,
<br />removal or other remedial action or other response under Environmental Laws on the
<br />part of Seller or a subsequent owner of all or any portion of the Property or which
<br />would subject Seller or a subsequent owner of all or any portion of the Property to
<br />liability, penalties, damages or injunctive relief.
<br />(iii) To the best of Seller's knowledge, no underground treatment, buried,
<br />partially buried or above ground storage tanks, storage vessels, sumps, drums,
<br />containers, water, gas or oil wells, or landfills are or have ever been located on
<br />the Property-
<br />(iv1 Seller, and to the best of Seller's knowledge, any other person or
<br />entity that has owned, occupied or possessed the Property, has never violated, and
<br />is presently in compliance with, all Environmental Laws applicable to the Property.
<br />(v) No warning notice, notice of violation, administrative complaint, judicial
<br />complaint or other formal or informal notice has been issued by any federal, state
<br />or local environmental agency alleging that conditions on the Property are in
<br />violation of any Environmental Law.
<br />(vi) Seller is not subject to any judgmeric, decree, order or citation related
<br />to or arising out of Envi. roamen ta 1 Laws, and Seller has not been named or listecl as
<br />a potentially responsible party by any governmental body or agency in a matter
<br />arising under any Environmental Law.
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