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03/131. 1 9SIS 11;44 305- 9474.86 <br />SUNNY ISLES BEACH <br />PAGE @3 <br />B) There are no actionS, suits or proceedings pending or threatened against, by, or <br />affecting the Seller in any court, or before any government agency relating to the <br />ownership of, or Seller's ability to convey the pro!)erty. <br />C) Seller, John H. Gerken, as Trustee, is presently vested with good marketable ap_d <br />insurable fee simple title, Seller, Jai Amika, Inc, as long term lessee, represents it is the <br />sole party in possession as of this date and attaches a copy of the Lcase Agreement and <br />any amendments thereto. The Seller agrees that the lease may not be amended prior to <br />closing without the written consent of Buyer and that no new leasehold interest or <br />tenancies shall be created between the date of contract and the date of closing. <br />Both <br />4. ftokers/Sellezwarrant and represent at Bu shall not be responsible for any Brokers <br />involved in this transaction and/ �e��d dettt�i y and hold harmless the City, the Buyer, <br />from and against any costs, fees, damages, claims and liabilities arising including without <br />limitation attorney's fees tbxough all trial and appellate levels of litigation out of any claim <br />made by any Broker or salesman claiming by reason of its dealings with Buyer or Seller. <br />5, This contract is contingent upon approval of the City Commission on March 26, 1998 at its <br />reg ly scheduled meeting. This paragraph supercedcs Paragraph l.a. of the Addendum to <br />th on.tract. <br />Buyer Date Selle Date <br />Buy'( <br />Date eller Jhn H. C-erken, <br />�4rustee,cYuille Trust <br />U/A d/d 10/15/53 <br />2 <br />3 /07y/sY <br />as Datc <br />