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<br />ADDENDUM TO CONTRACT <br />Addendum No. 3 <br /> <br />For Sale and Purchase between John H. Gerken, Trustee, singularly <br />known as "fee simple owner" & Jai Amika, Inc., singularly known as <br />"Lessee" and collectively referred to as the "Seller", and by the <br />City of Sunny Isles Beach (the "Buyer"). <br /> <br />1. Incorporation by Reference. This Addendum No. 3 is <br />attached and made a part of the contract. All terms of <br />this addendum shall control over any conflicting terms of <br />the contract. <br /> <br />2. The closing date shall be July 13, 1998. <br /> <br />3. Seller hereby grants Buyer authority to remove the <br />underground fuel storage tank in the north parking lot. <br />The Buyer shall be responsible for all costs and expenses <br />relating to the removal of the tank. The Buyer shall <br />restore the real property to its original condition and <br />shall be responsible for all costs and expenses with <br />respect to restoration. In the event that there is <br />contamination and the hole where the tank is removed is <br />not permitted to be filled in pursuant to the applicable <br />environmental laws, then, and in that event, the Buyer <br />shall construct a fence around the hole. If there is no <br />contamination, the hole shall be filled in, however the <br />property shall not be required to be restored to its <br />original condition if a closing occurs. If a closing <br />does not occur, then, and in that event, the property <br />shall be restored to its original condition at the <br />expense of the Buyer unless contamination exists and such <br />restoration is not permitted pursuant to the applicable <br />environmental laws. Prior to commencing the removal of <br />the tank, the Seller shall be provided with all plans <br />relating to the removal of the tank in order to ascertain <br />that no substantial damage will be caused to the <br />structure of the real property. The Buyer and/or <br />contractor shall comply with all environmental laws and <br />regulations relating to the removal of the tank. <br /> <br />4 . This Addendum may be executed in counterparts by the <br />parties hereto and each shall be considered an original <br />insofar as the parties hereto are concerned, but together <br />said counterparts shall comprise only one Addendum. <br /> <br />Buyer: <br /> <br />By: <br /> <br />By: <br /> <br />Seller: <br /> <br />Dated<~~~ · ,(- 3 -, <br />Jai Amika, . <br />K/i ~~~ ' <br />6 <br /> <br />1998 <br /> <br />Date: <br /> <br /> <br />, 1998 <br /> <br />City <br /> <br />Date: <br /> <br />, 1998 <br /> <br />1998\jai-a.bi.ka\addendu..3 <br /> <br />By: <br />JOHN H. GERKEN, TRUSTEE <br />TUILLE TRUST UIA did 10/15/53 <br />