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' SUNNY ISLES BEACH PAGE 62 <br />03/13/19�1Q 11.44 305- 9474386 <br />AUDENi7UN4 TO CONTRACT <br />Addendum No- 2 <br />For Sale and Purchase Between John H. Gerken, Trustee, singularly known as `'fee simple owner" & <br />Jai ,%mika, Inc. singularly known as "Lessee" and collectively referred to as the "Seller" and by the <br />City of Sunny Isles Beach ( the "Buyer") <br />1. Incorporation by Reference, This Addendum No. 2 is attached <br />terms made <br />to part of the contract, <br />m <br />Ail ters of this addendum shall control ove y c <br />�,, Inspection. Buyer shall have the right at its sole coss and osiperlod') rtwenty-one eteproparty <br />after the date of the execution of the contract (tha "inspection p <br />and make inquiries with the pertinent government authorities of with respect to environmental uc.tir�g any environmental <br />issues. Buyer shall have access g the not limited for purposes n <br />tests upon the property, including but not limited to environmental assessments or audits, soil <br />and groundwater samplings, soil borings, percolation tests, i engineering er shad at topographical s <br />studies, as buyer in its discretion deems necessary or conven eu aru b a duly licensed <br />obtain air environmmental audit report of the property prep Y <br />environmental engineei or geologist. In the event thenvironmental rty or hazatdnus reflects tatelYal <br />hazardous materi als (as defined below) on or of s the Seller may correct or at its sole <br />disposal activities have been conducted on the property, <br />o <br />option may, with proper written notice to the Buyer, declare this contract dial action as w11 <br />p y p a for the cost of such <br />provided however, Buyer, may, at its option, pay <br />rectify the probletns divulged by ally environmental tests- Hazardous petroleum teTi ls pears and <br />includes, without limitations, any flammable or explosive hazardous waste or toxic <br />products, explosives, radioactive materials, natural or synthetic gas, <br />substances or related materials as defined by Federal, Statr, or local law. Buyer shall be <br />responsible to restore the property to its original condition prior to testing if any damages <br />result from such testing. <br />3. Covenants, l; Representations and Warranties of the Seller . Seller hereby coMiftnts, represents <br />and warrants the following to the Buyer: <br />A) Jai Amika, Inc. is corporation duly authorized, validly existing in good standing and <br />qualified to do business under the laws of Florida n "Lessee" <br />c ws s la this Property <br />is State of <br />John H. Gerken is a bona fide court appointed trustee under <br />Florida and is the foe simple owner ofntb a PropertY. Seller has the .full unrestricted <br />power and authority to make deliver/�`tfir inco�fa� Ra1Kkx>d cbc� <br />tqdW d this contract. Seller is taking all necessary action to authorize <br />� f this contract, seller and Lessee agree, to execute any and all <br />documentation as required by the Buyer's title insurance company necessary to <br />terminate the leasehold interest simultaneous with the closing of this transaction. <br />Seller is not now insolvent or the subject any pending threatened or contemplated <br />bankruptcy, insolvency or other debtor relief proc6edings• <br />