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ENVIRONMENTAL AFFIDAVIT
<br /> STATE OF FLORIDA )
<br /> SS :
<br /> COUNTY OF )
<br /> BEFORE ME , the undersigned authority personally appeared
<br /> ( " Seller " ) , who
<br /> 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 /> following described property together with improvements located thereon located in
<br /> County , Florida , to - wit :
<br /> See Exhibit " A " attached hereto and by this reference made a part
<br /> hereof ( hereinafter " the Property " )
<br /> 2 . That Seller is this day ( the " Closing Date " ) conveying the Property to
<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 , judgments ,
<br /> orders , decrees , permits , concessions , grants , franchises , licenses , agreements or other
<br /> governmental restrictions relating to the protection of the environment or human health ,
<br /> welfare or safety , or to the emission , discharge , seepage , release or threatened release of
<br /> Hazardous Materials ( as hereinafter defined ) into the environment including , without
<br /> limitation , ambient air , surface water , ground water , or land , or otherwise relating to the
<br /> handling of such Hazardous Materials . For purposes of this Affidavit the term " Hazardous
<br /> Materials " shall mean any contaminant , chemical , waste , irritant , petroleum product , waste
<br /> product , radioactive material , flammable or corrosive substance , explosive , poly - chlorinated
<br /> biphenyls , asbestos , hazardous or toxic substance , material or waste of any kind , or any
<br /> ether 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
<br /> Materials on the Property , and , to the best of Seller ' s knowledge , no other person or entity
<br /> has placed , or permitted to be placed , any Hazardous Materials on the Property .
<br /> ( ii ) To the best of Seller ' s knowledge , but without investigation , there
<br /> does not exist on the Property any condition or circumstance which requires or may , in the
<br /> future , require cleanup , removal or other remedial action or other response under
<br /> Environmental Laws on the part of Seller or a subsequent owner of all or any portion
<br /> of the
<br /> Property or which would subject Seller or a subsequent owner of all or any portion of the
<br /> Property to liability , penalties , damages or injunctive relief .
<br /> ( iii ) To the best of Seller ' s knowledge , but without investigation , no
<br /> underground treatment , buried , partially buried or above ground storage tanks , storage
<br /> vessels , sumps , drums , containers , water , gas or oil wells , or landfills are or have ever
<br /> been located on the Property .
<br /> ( iv ) Seller , and to the best of Seller ' s knowledge , but without Seller ' s
<br /> investigation , any other person or entity that has owned , occupied or possessed the Property ,
<br /> has never violated , and is presently in compliance with , all Environmental Laws applicable to
<br /> the Property .
<br /> ( v ) No warning notice , notice of violation , administrative complaint ,
<br /> judicial complaint or other formal or informal notice has been issued by any federal , state
<br /> 02 / 21 / 05
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