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AW
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<br />40
<br />ENVIRONMENTAL AFFIDAVIT
<br />STATE OF FLORIDA
<br />COUNTY OF PALM BEACH
<br />BEFORE ME, the undersigned authority personally appeared LABRA ANDRE alkla LAURA H.
<br />ANDRE, ("Seller") who, being by me first duly sworn, deposes and slates:
<br />1. That Seller is the sole owner in rue simple and now in possession of the following described
<br />property together with improvements located thereon located in Indian River County, Florida, to wit:
<br />See E=xhibit "A" attached hereto and by this reference made a part hereof
<br />(herefnaiter "the Property")
<br />2, That Seller is this day (the "Closing Date")conveying the Property to INDIAN RIVER
<br />COUNTY, a Florida political subdivision, hereinafter referred to as the ("Purchaser').
<br />3, For purposes of this Affidavit [tie term "Environmental Law" shall mean any and all federal,
<br />state and local statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, permits,
<br />concessions, grants, franchises, licenses, agreements or other governmental restrictions relating to the
<br />protection of the environment or human health, welfare or safety, or to the emission, discharge, seepage,
<br />release orthreaRened release of Hazardous Materials (as hereinafterdefined) into the environment including,
<br />without limitation, ambient air, surface water, ground water, or land, or olherwise relating to the handling of
<br />such Hazardous Materials. For purposes of this Affidavit the term "Hazardous Materials"' shall mean any
<br />contaminant, chemical, waste, Irritant, petroleum product, waste product, radioactive material, flammabie
<br />or corroslve substance, explosive, poly -chlorinated biphenyls, asbestos, hazardous or toxic substance,
<br />material or waste of any [rind, or any other substance which is regulated by any Environmental Law.
<br />As or the Closing Date, Seiler warrants and represents to Purchaser, Its successors and
<br />assigns that:
<br />(1) Seller has not placed, or permitted to be placed, any Hazardous Materials on the Property,
<br />and, to the best of Seller's knowledge, no other person or entity has placed, or permitted to
<br />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 condition or
<br />circumstance which requires or may, in the future, require cleanup -removal or other
<br />remedial action or other response under Environmental Laws on [tie part or Seller or a
<br />subsequent owner of all or any portion of (lie Property or which would subject Seller or a
<br />subsequent owner of all or any portion of the Property to liability, penalties, damages or
<br />injunctive relief.
<br />(Ill) To the best of Seller's knowledge, no underground treatment, buried, partially buried or
<br />above ground storage tanks, storage vessels, sumps, drums, containers, water, gas or oil
<br />wells, or landfills are or have ever been focaled on the Property.
<br />(IV) Seller, and to the best of Seller's knowledge, any other person or entity that has owned,
<br />occupied orpossessed the Property, has neverviolated, and is presenify in compflance with,
<br />all Environmental Laws applicable to the Property.
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