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<br />~AY~05-2005 THU 03:50 PM STENSTROM,MCINTOSH,COLBE <br /> <br />FAX NO, 407 330 2379 <br /> <br />p, 09 <br /> <br />ADDENDUM TO VACANT LAND CONTRACT <br /> <br />This Addendum is made to the Vacant Land Contract dated , 2005, <br />belween MARCEL DULONG and JEANNI:: DULONG ("Seller') and CITY OF CASSELBERRY, <br />FLORIDA, ("BuyerU), concerning the property described on Exhibit "A" attached hereto, (the <br />"contract"). <br /> <br />WHEREAS, the Buyer Elnd Seller agree to make the following terms and conditions palt of <br />tile Contract: <br /> <br />1. As used herein, 'Efí13ctive Pate" shail mean the date on which the City Commission <br />of the Cily of Cas$",lberry has conditionaily approved this Agreement. <br /> <br />2. T "¡e Purchase Pric€> of $99,000.00 is conting€>nt upon and subject to Buyer obtaining <br />an appraisal (or a minimum of $99,000.00, which appraisal shall be performed during the Feasibility <br />Study Period. <br /> <br />3. This contract is contingenl upon and subject to the condition<ll and final approval of <br />the Cily Commission of the City of Cassel be ny, Florida, compliance with §166.045, Florida Statutes, <br />Dnd the Charter of the City of Casselberry, Florida, as well <IS any other requirements of Florida <br />laws, which approval is to be obtained during the Feasibility Study Period. <br /> <br />4. Seller will, within five (5) days from Effective Dale, make available for inspection by <br />Buyer all written documents in Seller's possession or control affecting the Property including, without <br />limiting tho generality of the foregoing, any leases affecting the Property, building permits, plats, <br />plans, sllrveys, title repolis, governmental approvals relating to the Construction and use of the <br />PrOpêrty, environmÐnlallests, soil tesls, Md service agreements. <br /> <br />5. This Contract (and ail exhibits and addendums thereto) constitutes the entire <br />understanding and agreer\1ent between the parties hereto with respect to the subject matter hereof. <br />No moctificffiÎon or amendment ofthis Conlmct shall be valid and binding upon the parties unless in <br />writing and executed by the parties to be bound thereby. The provisions of this Conlract shall <br />survive closing and deliwny of Ille dead and other closing documenls and shall not be extinguIshed <br />by m\?rger. <br /> <br />6. Seller shall pay all real estate commíssiol'1s involved in the purchase. Assist2Sell, <br />acting as Seller's agent shall be paid a reÇj estate commission at closing on the purchase by Seller <br />in (he amOlll,t of 3%: Tho Tríece Company, acting as Buyer's Agent forthe City of Casselberry, shall <br />bo paid <I real estate commission at closing on the purchase by Seller in the amount of 2% of the <br />purchase price; the City of Cassølberry shall receive <I 1 % credit on the closing statement from the <br />Seller at closing. <br /> <br />7. Although an escrow fee is not anticipated, the parties agree that in the event an <br />escrow fee is required b¿¡cause of the closing, it shall be the Buyer's responsibility to pay said fee, <br /> <br />B. H~,don Gas. Radon is a naturally occurring radioaclive gas that, when it has <br />accllnlulated in a building in sufficient quantities, may present health risks to persol'1s who are <br />e'xposed to it over time. Levels of radon that exceed federal and state guidelines have been (ound <br />in b~li1dings in Florida. Additional information regarding radon and radon testing may be obtained <br />fwm YOllr county public he!)lth unit. Buyer may, wjlhin Ihe Feasibílity Study Period, have an <br />appwpriately licen$€d person test the property for radort. If the radon level exceeds acceptable EP A <br />slanclMds, Seller may choose to reduce the radon level to an acceptable EPA level, failing which <br />.dlher party may cancel this Contrfld. <br /> <br />1t._~ <br />i1ì ^ <br />. )<'10' <br /> <br />f3.r <br />