FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Waste Management

INSTITUTIONAL CONTROLS

PROCEDURES GUIDANCE

Date: August 2002

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TABLE OF CONTENTS

Section Page Number Preface 3 A. What are Institutional Controls? 3 B. When is the Use of Institutional Controls Allowed or Appropriate? 4 C. Institutional Controls Used with Engineering Controls 5 D. How to Use Various Types of Institutional Controls 6 E. Institutional Controls Registry 11 F. Process: Who Approves What? 11 G. Public Involvement 12 H. Enforcement of Institutional Controls 12 I. Removing an Institutional Control 13 J. Attachments 1. Sample Restrictive Covenant 14 2. Subordination of Mortgage Form 22 3. Recording Requirements 23 4. Restrictive Covenant Checklist 24 5. Sample Conservation Easement 25 6. Sample Consent & Joinder of Mortgagee 33 7. Conservation Easement Statute 34 8. Conservation Easement Checklist 36 9. Institutional Control Registry Form 37 10. Model Memorandum of Understanding 43

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Preface This document has been prepared as guidance for the Florida Department of Environmental Protection (FDEP), Division of Waste Management (DWM) Tallahassee staff, District Offices, and those counties under contract with the FDEP to oversee cleanup of contaminated property. Nothing in this document should be construed as a uniform policy or rule (except for those rules specifically enumerated as such). This document merely provides general information regarding types of Institutional Controls, outlines the requirements for the internal processing of Institutional Controls, and characterizes the DWMs experiences thus far in this area, in one document so that all DWM staff have the same information upon which to base a decision. This document was prepared by the Bureaus of Waste Cleanup and Petroleum Storage Systems, the District Office Waste Programs, and the Office of General Counsel (OGC). If you have any questions regarding the information contained in this document, please contact the appropriate program or enforcement attorney and/or the appropriate technical supervisor in your section. Likewise, if you have any insight or experience you believe should be included in a subsequent version of this document please contact an attorney with the Office of General Counsel, a Bureau Chief or a Waste Program Administrator. Please contact the appropriate supervisor and/or FDEP attorney if you are considering using Institutional Controls for a site that has not executed a brownfield site rehabilitation agreement or contaminated with petroleum products or drycleaning solvents. A. WHAT ARE INSTITUTIONAL CONTROLS? Sections 376.301(21) and 376.79(9), Florida Statutes (1999) (F.S.), similarly define Institutional Controls as "the restriction on use or access to a site to eliminate or minimize exposure to (petroleum products' chemicals of concern, drycleaning solvents) contaminants. Such restrictions may include, but are not limited to, deed restrictions, use restrictions, or restrictive zoning. Institutional Controls are non-engineering measures and usually, but not always are legal controls intended to affect human activities in such a way as to prevent or reduce exposure to contamination. The legal mechanism, the Institutional Control, contains restrictions or prohibitions such as land and resource use restrictions, and well-drilling prohibitions. The Institutional Control itself may be a restrictive covenant, conservation easement, well use advisory, local ordinance, or deed notices. Because Institutional Controls are typically tied to the property and are generally a part of the title to the property, any and all original documents referenced in such a document MUST be kept on file with the FDEP and not destroyed pursuant to any other recordkeeping guidelines.

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B. WHEN IS THE USE OF INSTITUTIONAL CONTROLS ALLOWED OR APPROPRIATE?

The petroleum cleanup, brownfield, and drycleaning programs specifically authorize FDEP to use Institutional Controls to eliminate or control the potential exposure to contamination. Chapters 62-770, 62-782, and 62-785, Florida Administrative Code (F.A.C.), implement the statutory authorization by allowing use of Institutional Controls and alternative cleanup target levels instead of the default cleanup target levels contained in Chapter 62-777, F.A.C. See Rules 62-770.650, 62-782.650 and 62-785.650, and 62-770.680, 62-782.680 and 62-785.680, F.A.C. The rules also authorize use of Institutional Controls to achieve FDEP approval for a Site Rehabilitation Completion (SRCO) with Conditions Order, otherwise known as a No Further Action (NFA) with Conditions Order (hereinafter both orders will be referred to as conditional closure order). See Rules 62-770.680, 62-782.680, and 62-785.680, and 62-770.700, 62-782.700, and 62-785.700, F.A.C. In determining whether a conditional closure order is appropriate please look to these rules and any FDEP guidance document in conjunction with the technical assessment and, if applicable, remediation information supplied regarding the site. Then determine what are the exposure pathways and develop a list of restrictions that will be necessary to protect human health and the environment from the remaining contamination.

In determining which Institutional Control is appropriate, consider: the medium contaminated, current and future use of the contaminated property, current and projected use of the land surrounding the contaminated property, probability of the contamination spreading, the nature of the contamination (i.e., whether it is likely to naturally attenuate or is easily mobilized), location of receptors (water supply wells, surface water bodies, etc.), and availability of public water supply systems, etc. In selecting the appropriate Institutional Control that would be placed on property, please work closely with the current property owner or his attorney to find a mutually satisfactory institutional control. Any Institutional Control that involves the recording of a document with the title of the property (such as a restrictive covenant) must be authorized by the owner of the contaminated property. No restriction on the use of the property can be imposed unilaterally by the FDEP upon a property owner.1

On a similar issue, the FDEP cannot prohibit the subdivision of private property.

However, the FDEP should not encourage property owners to subdivide property in order to limit the land that would be encumbered by an Institutional Control. As an alternative to the extreme measure of subdividing a parcel to limit the area to be encumbered, property owners can simply adequately define the area to be encumbered by the restriction. For example, if the property is 20 acres and only a acre area of petroleum contaminated soil remains and the restriction includes the maintenance of a cap (i.e., parking lot), the owner, either by survey or legal description, can specifically define the area to be encumbered and include that description within the Institutional Control. However, if a property owner proposes to subdivide his/her property to limit the area to be restricted and requests your input, please ensure that the contaminated

1 There may be exceptions for site in enforcement. Special instructions for enforcement proceedings are not addressed in this guidance document. Please coordinate with the appropriate FDEP enforcement attorney.

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parcel is of sufficient size to ensure that potential for leaching and groundwater movement are adequately addressed. See Attachment J3 regarding recording requirements.

If the remaining contamination extends off the source property and that

contamination otherwise meets the technical requirements for conditional closure the Department site/project manager may be asked if an institutional control can be placed on the off-site non-source property. There are a number of site-specific issues that must be evaluated prior to discussing such a request. Please contact your supervisor and appropriate program or enforcement attorney to discuss the specifics of the contamination and properties in question. At minimum, should such a request be approved, notice would have to be provided to the local government and the standard covenant and orders would need to be modified to reflect the situation. Currently, the FDEP does not recommend placing institutional controls on off-site non-source properties. Questions to ask to determine whether an Institutional Control is appropriate and which one to use: (1) How long will the control have to be in effect? What is the current and proposed use of the property? For sites where the remaining contamination may not naturally attenuate consider using multiple controls to ensure the durability of the restriction (see How to Use Various Types of Institutional Controls below). For example, metals and certain persistent pesticides may remain in the soil in perpetuity. Such sites may require multiple controls depending upon whether the property is owned by the government or not. (2) Is this a Petroleum Preapproved Advanced Cleanup or Pay for Performance site? Such sites may require by contract, the agreement to, if not the recording of, an Institutional Control prior to beginning the cleanup work. C. INSTITUTIONAL CONTROLS USED WITH ENGINEERING CONTROLS Engineering controls such as caps, barriers, slurry walls, or other controls are designed to limit access and exposure to contamination or are designed to eliminate further migration of the contamination. Where an engineering control is necessary, Institutional Controls should be imposed to ensure that engineering controls are properly monitored and maintained, and that the FDEP has access to inspect the engineering control. Future owners of contaminated property may not be willing to continue to maintain and repair an engineering remedy designed to contain the contamination. Therefore, the current use of the property and the property owners long-term plans for the property are of some interest.2

2 There may be certain limited instances when the FDEP, to ensure the durability of the engineering control, may request that the owners/responsible parties present evidence that they have sufficient financial resources to maintain the engineering control.

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D. HOW TO USE VARIOUS TYPES OF INSTITUTIONAL CONTROLS The following is a list of various Institutional Controls, some of which are recommended for brownfield, drycleaning and petroleum contamination sites. Other types of controls are addressed here because property owners may suggest these controls as alternatives to those currently being recommended by the FDEP. First, it is the FDEP professional staffs, including FDEP contracted local government and FDEP contracted private site/project managers, (hereinafter referred to as site/project manager) responsibility to determine that the technical and rule requirements will allow a conditional closure. Second, the site/project manager must determine what restrictions must be in place to protect human health and the environment (i.e., well prohibition, engineering controls, etc.). Third, in negotiations with the property owner or their attorney, the site/project manager must discuss the appropriate Institutional Control (restrictive covenant, conservation easement, etc.) Contact OGC if you need assistance in selecting the appropriate Institutional Control.

Once an Institutional Control is selected, the site/project manager provides any FDEP guidance regarding that control to the property owner or their attorney and let them prepare the control. It is recommended that the site/project manager provide a copy of this Institutional Control Procedures Guidance Document and its attachments to the property owner or representative (or the internet location for this guidance document). It is also recommended that the property owner or his representative prepare the Institutional Control and NOT the clean up consultant or the governmental site/project manager. Lastly, all questions and documents should go to the site/project manager to determine if the institutional control contains the appropriate restrictions or requirements and that the necessary supporting documentation has been provided. Lastly, it is the site/project managers responsibility to ensure that all the appropriate supporting documentation (including, an unsigned draft of the institutional control, the supporting technical and legal documents as required below) has been submitted to the site/project manager prior to routing the DRAFT Institutional Control to Tallahassee for review, approval and/or signature. FDEP OGC should only receive the request for legal review of the Institutional Control directly from FDEP staff and NOT from the property owner or owners representative. 1. Restrictive Covenants per Section 704.06 and Chapter 376, F.S. {See a Sample Covenant and Checklist in Attachments J1 and J4}. Each restrictive covenant entered into with the FDEP must be drafted reflecting the facts of the particular situation. The appropriate program should decide whether a restrictive covenant or some other Institutional Control is more appropriate. If a restrictive covenant is considered the appropriate control, please follow the procedure for processing below. a. All Sites: First, geological and engineering details should be reviewed and approved by the project/site manager prior to forwarding an unsigned covenant with supporting documentation to FDEP OGC. The site/project manager must be review the draft covenant to ensure that the covenant contains the correct restrictions. The site/project

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manager must coordinate with the property owner or their representative to ensure that the following legal documents are provided prior to forwarding and Institutional Control to FDEP OGC for review. See Restrictive Covenant Checklist, Attachment J4. OGC Must See the Following Prior to Reviewing Any Restriction:

(a) a certified copy of the deed - the deed must identify the property owner PLUS the name on the deed MUST match the name of the current owner. If it does not, for example for a corporation, then the OGC must see proof that the corporation on the deed is the predecessor to the current corporation, and

(b) a copy of the legal description of the property (typically on the

deed) and, if only a portion of the property is to be encumbered by the restriction, then either a survey of the portion or a legal description of the portion to be restricted - which may be sent to the FDEP Bureau of Survey & Mapping for confirmation of the legal description, and

(c) a copy of the legal description or survey if only a portion of the

property will be encumbered. Such a description or survey must be a clearly labeled attachment to the restrictive covenant and the area to be encumbered must be clearly labeled (for example area of engineering control, capped area, location of slurry wall, restricted area, etc.), Site/project mangers must ensure that this attachment correctly locates the area to be restricted, and

(d) a title (ownership) search and an encumbrances search which

identifies who has title to the property, and ALL others with an interest in the property such as lessees, mortgage holders, liens, and easements; additionally copies of any and ALL existing encumbrances of the property MUST be sent to OGC for review.

(1) If there are mortgage holders (typically these are

banks) a Subordination of Mortgage may need to be completed (see Attachment J2).

(2) If there are tenants or lessees a copy of the lease needs to be sent to OGC, particularly if the lease is recorded. If such tenants/lessees have an interest in the real property such that the proposed restrictions may impact their rights contained in the lease, they too will need to participate in the discussion about the restriction and approve it. Restrictive Covenants should not be unilaterally accepted by the FDEP where the restrictions impact the contractual rights of lessee/tenants.

(3) If the are any easements, certified copies of those easements need to be provided to OGC (a map, diagram or survey showing the relationship of the easement to the contaminated and/or restricted area is very helpful). Again, if the restriction interferes with the easement holders rights, then the easement holder, too will need to participate.

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After the Restrictive Covenant is Signed: After the property owner and the FDEP representative have signed it, the restrictive covenant must be recorded by the property owner with the appropriate county land office. A receipt (typically, this is a copy of the restrictive covenant that is stamped with the book and page number in the upper right hand corner of the document) indicating where and when the covenant was recorded must be provided to FDEP prior to entry of the conditional closure order. A copy of any recorded restrictive covenant restricting installation of wells and the FDEP Order with conditions should be submitted by the owner/operator to the appropriate well permitting authority(ies) (i.e., water management district or county). The property owner or their agent should submit a copy of any recorded restrictive covenant restricting land use and the FDEP Order to the local government with land use authority (i.e., county or city). The FDEP may submit a copy thereof to the Florida Department of Community Affairs. The site/project manager MUST then complete and return to FDEP Tallahassee (see below) an Institutional Control Registry Data Sheet form. See Attachment J9. ALL reports referenced in the covenant MUST be PERMANENTLY MAINTAINED (i.e., FDEP should have a copy of the SAR/RAP for as long as the covenant exists) and NOT destroyed pursuant to any other recordkeeping guidelines. b. District Lead Sites (Counties with delegated programs that are not required to

obtain FDEP approval of technical decisions, please follow the District Lead Sites instructions throughout this document.):

The site/project manager should send the draft covenant, along with the above information (D.1.a), to OGC. The site/project manager should include a cover memo which provides that it is the Districts opinion that an Institutional Control is appropriate and briefly state why, and include any special information that you think is pertinent (for example, any time constraints for FDEP review such as a pending closing for sale of the property would be useful). Also, include the name and Suncom number (with extension, if applicable) of the FDEP site/project manager, and the name and phone number of the person representing the property owner, if any, or the name and telephone number of the property owner. The memo, covenant, and supporting documentation should be sent directly to the appropriate OGC attorney (if this is a part of an enforcement case then to the enforcement attorney, otherwise to the appropriate program attorney). The District should modify any of the sample restrictive covenants attached to this document to indicate: the District as the FDEP signing representative and that the technical documents referenced in the covenant are on file at the District office and provide that location.

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c. FDEP Contracted Local Government Lead Sites (Counties with delegated

programs that do require FDEP approval of technical decision, please follow the instructions for Contracted Local Government Lead Sites throughout this document.):

The FDEP contracted local government site/project manager must submit the draft covenant along with the above information to the appropriate program DEP liaison (at the time of this writing, Grace Rivera, is the BPSS liaison supervisor). The FDEP contracted local government site/project manager should include: a cover memo which provides the local governments opinion as to why a conditional closure is appropriate, why the proposed restrictions are protective of human health and the environment, and why this form of Institutional Control was selected. Additionally, any other special information that is pertinent (for example, any time constraints on FDEPs review such as a pending closing for sale of the property would be useful); the name and phone number of the site/project manager, and the name and phone number of the person representing the property owner, if any, or the name and telephone number of the property owner. The FDEP liaison will send the contracted local government packet to a FDEP technical reviewer (in BPSS it is the PE or PG on the County team). If approved on its technical merits, all the above documentation (including supporting legal documents) must be forwarded to FDEP OGC with a cover memo indicating who performed the FDEP technical review, that an Institutional Control is appropriate for this site, where the remaining contamination is located and what restrictions on use are necessary. If the FDEP technical reviewer determines that the site is not yet ready for an Institutional Control, the documentation will be returned to the to the contracted local government. The documents supporting the Order and Institutional Control must be maintained until the control is removed. These documents must not be destroyed, but specially identified and protected to ensure their existence for the full duration that the control is necessary. Each program and District should develop a procedure to ensure that these original documents are maintained. 2. Conservation Easements per Section 704.06, F.S. {See a sample conservation easement, statute, & checklist in Attachments J5 - J8} Conservation easements are similar to restrictive covenants in that they are encumbrances on the property that must be approved by the property owner and must be recorded in the land records of the county where the property is located. Conservation easements have been used by the FDEP as a form of institutional control in enforcement cases for several years. This mechanism can be used to maintain existing land use, retain property in a more natural condition or for properties of historical significance. The conservation easement statute specifically allows for the prohibition of construction, excavation, dredging or removal of soil. Conservation easements require the same background information and documentation and are routed through the FDEP in the same manner as restrictive covenants. However, such restrictions must be approved by the Division of State Lands and the Board of Trustees for the Internal Improvement Fund (Governor and Cabinet) and, for that reason, are generally disfavored by the Division of State Lands.

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3. Consent Order Consent orders are final agency action of the FDEP. FDEP may enforce the provisions and requirements in the consent order only against the person signing the consent order pursuant to Section 120.69, F.S. Thus, consent orders with use restrictions are best used for certain entities where long-term ownership of the property is fairly certain such as a government (i.e., airports). The consent order should contain a provision that requires immediate notification to the FDEP or the District prior to the change in ownership of the contaminated property. 4. Governmental Controls a. Zoning and local ordinances Zoning designations are not permanent and are a poor Institutional Control. These controls, removed from Chapter 376, F.S. as an example from the definition of institutional controls, are not considered sufficiently protective of human health and the environment and, therefore, may not be used as an institutional control under any circumstances. b. Permits A corrective action permit may, among other things, specify uses that are prohibited in light of the type of cleanup being conducted (e.g., RCRA closure permits). Since the restrictions are in the permit itself, it is unnecessary either to seek separate regulatory action from a local government or to negotiate the conveyance of a property interest. Permit conditions bind only the permittee and only for the life of the permit. The majority of the brownfield, drycleaning and petroleum programs do not issue permits, therefore, this control is not applicable to those programs. c. Land Use Planning or Management Comprehensive land use plans and comprehensive land management plans adopted by governments provide insufficient protections and are therefore inadequate Institutional Controls. However, the FDEP has made an exception in the past for property owned by the federal government. The FDEP has agreed to the use of appropriately drafted language and restrictions in a Memorandum of Agreement on Land Use Controls as an Institutional Control for active facilities owned by the federal government. However, if the federal government later sells the property, the FDEP should require the imposition of either a conservation easement or restrictive covenant if cleanup will not be resumed. The FDEP should be immediately notified of any sale or intended sale of restricted property. Review of the Institutional Control for federal property must be coordinated with the Technical Review Section in the Bureau of Waste Cleanup or the Enforcement Section of the OGC.

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5. State Lands (DSL/BOT properties)

If the State of Florida is the property owner, you should contact the FDEP Division of State Lands to discuss the issue. As with any property owner, the DSL must first approve of the conditional closure and of the restrictions. Both parties must agree upon the form of the institutional control. E. INSTITUTIONAL CONTROLS REGISTRY Those sites where an Institutional Control has been imposed must be reported on the FDEPs INSTITUTIONAL CONTROLS REGISTRY. This registry was created, in part, to provide a list of brownfield sites to the legislature pursuant to Chapter 376, F.S., including sites where Institutional Control strategies are being employed as part of a conditional closure order. This registry allows the FDEP to better track these controls and allow for better enforcement of the restrictions contained in the controls. Consequently FDEP DWM requires that all properties with a FDEP DWM Institutional Control be reported on the registry. To allow easy access by the FDEP Districts as well as contracted local governments, this registry is maintained on the FDEP Division of Waste Management home page at http://www.dep.state.fl.us/waste/default.htm.

The following information must be provided on the Institutional Control Registry Data Sheet Form to Gayle Lamkin, in the Division of Waste Management, Directors Office, Mail Station 4500, or via e-mail (Gayle.Lamkin@dep.state.fl.us). The following information must be included: site name; address; Facility ID #; type of contamination (e.g., petroleum, PERC, etc.); contaminated medium or media; type of Institutional Control; type of engineering control; general location of the remaining contamination; restrictions contained in the control (wells, cap, etc.); and project manager. See Attachment J9. The Registry is located at www.depmap1.dep.state.fl.us/website/icr or www.dep.state.fl.us/waste and scroll down and click on institutional control registery. This guidance document is located in the same place under ICR Guidance. Please review the following FDEP website for the locational data standards for GIS submittals: http://depnet/bisnet/bisgis/standards/index.htm. F. PROCESS: WHO APPROVES WHAT? Who reviews? The FDEP (including contracted local government site managers) or District project manager should make the technical determination as to whether a site has undergone sufficient assessment and/or remediation that a conditional closure is appropriate under the respective clean up rules. For contracted local government lead sites, the site/project managers decision to allow the use of an Institutional Control should be reviewed by the BPSS County or Brownfields liaison (who will involve the appropriate technical Tallahassee staff). The Waste Program Administrator should approve of the technical determination for District-lead sites and the appropriate Bureau Chief should approve Tallahassee-lead sites. District staff can always seek input from Tallahassee staff.

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Who signs? All Institutional Controls for District-lead sites should be signed by the District Director, or his designee. All Institutional Controls for Tallahassee-lead sites should be signed by the Division Director for the Division of Waste Management or his designee. All Institutional Controls for contracted local government lead sites should be signed by the Division Director for the Division of Waste Management, or his designee. Local governments with delegated authority should sign in accordance with the provisions of the delegation agreement. Where are final copies of executed Institutional Controls filed? The original restrictive covenant or conservation easement should be filed by the property owner with the appropriate county land records office. The property owner is responsible for all filing fees, must obtain a receipt of the filing and return a copy of that receipt to the site/project manager prior to the FDEP issuing any order. One copy should be kept in the site file and retained as part of the Public Record. In addition to forwarding the completed Institutional Controls Registry Data Sheet, the site/project manager should ensure a copy of the recorded document is sent to Tallahassee so it can be kept in the master Institutional Control file maintained by each Bureau in Tallahassee. G. PUBLIC INVOLVEMENT By identifying community interest, the scale of the project, and the likely concerns as early in the cleanup process as possible, the appropriate level of public participation can be determined. Those who are cleaning up a large scale, high interest site are encouraged to invite the public to become involved while environmental conditions and risks are being assessed and while plans are being developed. Public involvement in the development of controls should focus on whether the access and land use controls have been drafted to adequately explain what the prohibited and permitted uses of the site will be and whether there are any continuing obligations and conditions required of the property owner and tenants. 3 H. ENFORCEMENT OF INSTITUTIONAL CONTROLS Institutional Controls must be monitored to ensure compliance so that the public health and the environment are adequately protected. If, however, the control has been ignored or violated or a condition of the Order has been violated, then the FDEP should immediately pursue enforcement. Enforcement of these provisions should proceed in the same manner and by the same authorities as enforcement cases are currently handled. If you believe that any of the following events has occurred, please contact and coordinate with the appropriate FDEP enforcement attorney. 3In addition to the controls which seek to impose an affirmative duty on the owner of real property, redundant Institutional Controls include notices that are merely warnings to the public that a hazard may exist at the property. Examples of such notices include: warning signs posted at a property, a legal notice in a newspaper of general circulation, a Deed Notice that imposes no obligations, and government advisories.

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a. a provision of the restrictive covenant or conservation easement or Memorandum of Agreement has been violated or ignored (e.g., if the covenant prohibits the installation of wells on the property and there is a well on the property that was not approved by the DEP); b. a restrictive covenant or conservation easement has been improperly removed from the title; c. the local government repealed the ordinance which was the Institutional Control; d. ownership of the property has changed since the execution of a consent order or

memorandum of agreement; e. any time you believe that the restrictions at a site are not protecting human

health or the environment.

I. REMOVING AN INSTITUTIONAL CONTROL

To remove an Institutional Control, the current property owner must submit a written request to the appropriate program of the FDEP or District requesting that the control be removed. The acceptable reasons to remove a control include: the sites contamination no longer exceeds the SCTL's or water quality standards (recent assessment data would need to be submitted), the site remains contaminated but the property owner plans to immediately begin cleaning up the contamination (the property then should be treated as any other property in cleanup), or for whatever reason the type of Institutional Control must be modified (in which case you are just replacing one form of an Institutional Control with another).

To remove restrictive covenants or conservation easements from the property

records, a document in the same form as the original document and filed in the same manner with the county land records office must be recorded which states that the FDEP and the property owner agree to remove the control and briefly state the reason for removing the institutional control. Once recorded, please follow up with the same governments who were notified of the filing of the original control and send copies of the release to them and to the Registry. Once an Institutional Control becomes unnecessary and is removed, all the supporting documents that have been kept on file may be disposed of in the same manner as other FDEP records. J. ATTACHMENTS Attached are several documents provided to assist FDEP staff in processing a request for Institutional Controls. With the exception of those attachments that recite the Florida Statutes, Florida Administrative Code, or documents adopted by rule, these attachments do not need to be followed exactly as provided. The FDEP is providing these samples and checklists to help facilitate the processing of these controls.

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ATTACHMENT J1: SAMPLE RESTRICTIVE COVENANT

{{ }}- these brackets indicate areas that must be completed, plus instructions. At least three (3) inch by three (3) inch blank space must be reserved at the top right hand corner of the first page and a one (1) inch by three (3) inch space at the top right hand corner on each subsequent page of the document. Please instruct your office staff to NOT DATE STAMP in this blocked area.

Once the form is completed, please remove the italicized instructions.

Please insert page numbers at bottom page X of Y

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This instrument prepared by: {{name, company & full mailing address of NON-FDEP non-consultant who prepared covenant}}

DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT (hereinafter Declaration) is made this _____ day of _______________, 200 __, by {{property owner -.}} {{a corporation authorized to conduct business in the State of Florida, -- if applicable}} (hereinafter {shorthand for the company or owner}) and the Florida Department of Environmental Protection (hereinafter DEP).

RECITALS A. {{Owner}} is the fee simple owner of that certain real property situated in the County of ___________, State of Florida, more particularly described in Exhibit A attached hereto and made a part thereof (hereinafter the Property) {{attach as Exhibit A the legal description of the property or, if short enough, include within this document}}; B. The DEP Facility Identification Number for the Property is {{______ }}. The facility name at the time of this Declaration is {{______________ }}; C. {Basic information regarding contamination, brief history of discharge/cleanup, etc.it is rarely necessary to list each & every report prepared}}. The discharge of {{dry cleaning solvents, petroleum products, etc. insert the appropriate contaminants.}} on the Property is documented in the following reports which are incorporated by reference {{list ONLY what is applicable to the remaining contamination on the site}}: Example:

1. Site Assessment Report dated __________, submitted by {{Company that prepared report}}; and

2. Site Assessment Report Addendum dated ______, submitted by {{Company that prepared report}}; and etc.

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D. The reports noted in Recital C set forth the nature and extent of the contamination on the Property. These reports confirm that contaminated soil and/or groundwater as defined by Chapter 62-___, Florida Administrative Code, exists on the Property. Also, these reports document that the groundwater contamination does not extend off the Property, that the extent of the groundwater contamination does not exceed 1/4 acre and the groundwater contamination is not migrating. {{Be sure this is accurate to the particular site if not briefly summarize what is correct, certainly if there is no groundwater contamination, state where the contamination remains, such as soil or sediment. Additionally, the FDEP prefers that this document NOT be used to indicate which parties are or are not liable for the contamination}}. E. The DEP has agreed to issue a Site Rehabilitation Completion Order with Conditions {{or NFA with Conditions}} (hereinafter Order) upon recordation of this Declaration, and the DEP can unilaterally revoke the Order if the conditions of this Declaration or of the Order are not met. Additionally, in the event concentrations of {{generally, list the contamination, for example petroleum products chemicals of concern}} increase above the levels approved in the Order, or if a subsequent discharge occurs at the site, the Department may require site rehabilitation to reduce concentrations of contamination to the levels approved in the {{NFAP OR SRCR}} or otherwise allowed by Chapter 62-___, F.A.C. The Order relating to {{Owner}}, DEP Facility No. {{9 digit #}}, are on file with the {{DEP Bureau of __________________ located at 2600 Blair Stone Road, Mail Station ____, Tallahassee, Florida 32399-____ -OR wherever appropriate such as a DEP District office}}; {{In this next paragraph, F., if only part of the property will be encumbered by the restrictions, include the language in the parenthesis, otherwise delete the appropriate portions of lines 3 & 4 in italics}} F. {{Owner}} deems it desirable and in the best interest of all present and future owners of the Property that an Order be obtained and that the {{portion of the}} Property {{as described in Exhibit B attached hereto and made a part thereof}}(hereinafter to be referred to as that Portion)}} be held subject to certain restrictions and changes, all of which are more particularly hereinafter set forth.{{Exhibit B must be a legal description or a professional land survey which SPECIFICALLY and CLEARLY labels or otherwise identifies the area to be restricted as the restricted or encumbered or capped area}}. NOW, THEREFORE, to induce the DEP to issue the Order and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the undersigned parties, {{Owner}} agrees as follows {{while standard in many other real property transactions, the DEP does not require payment for the opportunity to use the conditional closure option, therefore, any discussion of payment in this document is typically inappropirate}}:

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1. The foregoing recitals are true and correct and are incorporated herein by reference.

2. {{Owner}} hereby imposes on {{that Portion of}} the Property the following use restriction{{s}}:

a. There shall be no {first restricted use}};

FOR GROUNDWATER restrictions please use the following type language:

There shall be no drilling for water conducted on the Property nor shall any wells be installed on the Property other than monitoring wells pre-approved by the DEP. There shall be no use of the groundwater on the Property. Additionally, there shall be no stormwater swales, stormwater detention or retention facilities or ditches on the Property.

b. There shall be no {{second restricted use, if any; SOIL

restrictions, please use the following type language}}. Excavation and construction below two feet surface elevations is

not prohibited within the areas containing contaminated soils as described in (Exhibit B) provided any contaminated soils that are excavated are removed and properly disposed of pursuant to Chapter 62-___, F.A.C. (or subsequent contamination site cleanup criteria rule(s)). Reasonable construction methods and techniques shall be employed to minimize risk of exposure. Nothing in this declaration shall prevent, limit or restrict any excavation or construction at or below the surface outside the boundary of contaminated soils as described in Exhibit B.

c. {{If there is a restriction on the use of the land, this

must be exhaustively described. Reliance on ONLY local zoning or land use classifications is insufficient to adequately restrict the use of the land or adequately describe the restriction. The following language is suggested.}}

Generally, there shall be no agricultural use of the land including

forestry, fishing and mining; no hotels or lodging; no recreational uses including amusement parks, parks, camps, museums, zoos, or gardens; no residential uses; and no educational uses such as elementary and secondary schools, or day care services. These prohibited uses are specifically defined by using the North American Industry Classification System, United States, 1997 (NAICS), Executive Office of the President, Office of Management and Budget. The prohibited uses by code are: Sector 11 Agriculture, Forestry, Fishing and Hunting; Subsection 212 Mining (except Oil and Gas); Code 512132

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Drive-In Motion Picture Theaters; Code 51412 Libraries and Archives; Code 53111 Lessors of Residential Buildings and Dwellings; Subsector 611 Elementary and Secondary Schools; Subsector 623 Nursing and Residential Care Facilities; Subsector 624 Social Assistance; Subsector 711 Performing Arts, Spectator Sports and Related Industries; Subsector 712 Museums, Historical Sites, and Similar Institutions; Subsector 713 Amusement, Gambling, and Recreation Industries; Subsector 721 Accommodation (hotels, motels, RV parks, etc.); Subsector 813 Religious, Grantmaking, Civic, Professional, and Similar Organizations; and Subsection 814 Private Households.

Engineering controls, in place prior to the recording of the Institutional

Control, are an alternative to the previous general list of prohibitions on land use. Below

is an example.

The area of soil contamination as located on {{that Portion of}} the Property shall be permanently covered with an impermeable material that prevents human exposure and water infiltration, or two (2) feet of clean and uncontaminated soil or fill must cover {{that Portion of}} the Property.

1. For the purpose of monitoring the restrictions contained herein, DEP or

its respective successors and assigns shall have site access to the Property at reasonable times and with reasonable notice to the {{Owner}}.

2. It is the intention of {{Owner}} that the restriction contained in this

Declaration shall touch and concern the Property, run with the land and with the title to the Property, and shall apply to and be binding upon and inure to the benefit of the successors and assigns of {{Owner}}, and to DEP, its successors and assigns, and to any and all parties hereafter having any right, title or interest in the Property or any part thereof. This Declaration shall continue in perpetuity, unless otherwise modified in writing by {{Owner}} and the DEP as provided in paragraph 4 hereof. These restrictions may be enforced in a court of competent jurisdiction by the DEP or its successor agency, or by any other person, firm, corporation, or governmental agency that is substantially benefited by this restriction.

3. In order to ensure the perpetual nature of these restrictions, the

{{Owner}} its successors and assigns, shall reference these restrictions in any subsequent deed of conveyance, including the recording book and page of record of this Declaration.

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4. This Declaration is binding until a release of covenant is executed by the DEP Secretary (or designee) and is recorded in the county land records. To receive prior approval from DEP to remove any requirement herein, active cleanup of the Property must resume or cleanup target levels established pursuant to Florida Statutes and DEP rules must have been achieved. This Declaration may be modified in writing only. Any subsequent amendment must be executed by both {{Owner}} and the DEP or their respective successors and assigns and be recorded by the owner as an amendment hereto.

5. If any provision of this Declaration is held to be invalid by any court of

competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provisions thereof. All such other provisions shall continue unimpaired in full force and effect.

IN WITNESS WHEREOF, {{Owner}} has executed this instrument, this _____ day of _______________________, 200__. Signed, sealed and delivered in the presence of: ______________________________ Of: _____________________________ {{Owners signature}} {{Company/Corp. name if applicable} ] Print Name: ____________________ Its: ___________________________ {{company position if applicable}} ______________________________________________________________ {{full mailing address; i.e., post office box, etc.}} ______________________________ Date: __________________________ Witness Print Name: ____________________ ______________________________ Date: __________________________ Witness Print Name: ____________________ STATE OF ______________________) COUNTY OF ____________________) The foregoing instrument was acknowledged before me this _____ day of ____, 200 __, by _____________________________________.

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Personally Known _______ OR Produced Identification _________. Type of Identification Produced ____________________________ .

______________________________ Signature of Notary Public ______________________________ Print Name of Notary Public Commission No. ________________

Commission Expires: ____________ Approved as to form by the Florida Department of Environmental Protection, Office of General Counsel. __________________________. IN WITNESS WHEREOF, the Florida Department of Environmental Protection has executed this instrument, this _____ day of _______________________, 200__. Signed, sealed and delivered in the presence of:

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION

By: _______________________________ Print Name: _________________________ {{title}} Division of {{fill in appropriate Division}}; Bureau of {{fill in appropriate Bureau}} {{Mailing Address}}, Mail Station {___{}}, {{City}}, Florida {{Zip Code}} Witness: _______________________________ Date: __________________ Print Name: ____________________ Witness: _______________________________ Date: __________________ Print Name: ____________________ STATE OF ______________________) COUNTY OF ____________________) The foregoing instrument was acknowledged before me this _____ day of ____, 200 __, by __________________________________ as representative for the Florida Department of Environmental Protection. Personally Known _______ OR Produced Identification ____________. Type of Identification Produced ________________________________.

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______________________________ Signature of Notary Public ______________________________ Print Name of Notary Public Commission No. _________________ Commission Expires: _____________

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ATTACHMENT J2: SAMPLE

SUBORDINATION OF MORTGAGE TO DECLARATION OF RESTRICTIVE COVENANT

{{MORTGAGE HOLDER, SUCH AS A BANK}}, as the holder of the following described instrument:

Mortgage from {{PROPERTY OWNER, IF CORPORATION INDICATE TYPE}}, to {{MORTGAGE HOLDER & INDICATE TYPE OF CORPORATION}}, recorded {{DATE RECORDED}}, in Official Records Book {{BOOK NUMBER}}, at page {{NUMBER}}, {{which mortgage was modified and restated pursuant to...... -- INDICATE ANY MODIFICATION OF MORTGAGE ALSO BY DATE, BOOK & PAGE}} all recorded among the Public Records of {{COUNTY}} County, Florida

(collectively the Mortgage), hereby subordinates the lien of its Mortgage to the foregoing {{If attached to covenant & to be filed with covenant}} Declaration of Restrictive Covenant{{s}} by and between {{PROPERTY OWNER}} and the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the undersigned has executed and delivered this Subordination of Mortgage to Declaration of Restrictive Covenant this ______ day of ______________ 200__.

{{MORTGAGE HOLDER, INDICATE STATE OF CORPORATION}}

WITNESSES: _____________________________ By: _____________________________ Print Name:____________________ Print Name: ________________________ Title: _____________________________ ______________________________ (CORPORATE SEAL) Print Name: ____________________ STATE OF FLORIDA COUNTY OF ________________ The foregoing instrument was acknowledged before me this _____ day of ______________ 200__ by _____________________________, as _________________ of {{MORTGAGE HOLDER}}, a {{STATE}} corporation, on behalf of the corporation, who is personally known to me or who produced _____________________________________ as identification.

__________________________________ Notary Public, State of {{STATE}} __________________________________ Printed Notary Name Commission No. _____________________

My Commission Expires: ______________

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ATTACHMENT J3: STATUTORY RECORDING REQUIREMENTS

695.26 Requirements for recording instruments affecting real property.-- (1) No instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the clerk of the circuit court unless:

(a) The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument; (b) The name and post-office address of the natural person who prepared the instrument or under whose supervision it was prepared are legibly printed, typewritten, or stamped upon such instrument; (c) The name of each witness to the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such witness; (d) The name of any notary public or other officer authorized to take acknowledgments or proofs whose signature appears upon the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such notary public or other officer authorized to take acknowledgment or proofs; (e) A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page are reserved for use by the clerk of the court; and (f) In any instrument other than a mortgage conveying or purporting to convey any interest in real property, the name and post-office address of each grantee in such instrument are legibly printed, typewritten, or stamped upon such instrument.

(2) If a name or address is printed, typewritten, or stamped on an instrument in a position other than the position required by subsection (1), the clerk of the circuit court may, in her or his discretion, accept the instrument for recordation if she or he determines that the connection between the signature and the name or the name and the address is apparent.

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ATTACHMENT J4: RESTRICTIVE COVENANT CHECKLIST 1. Does site meet statutory and rule requirements, which allow an SRCO with

conditions or an NFA with conditions? 2. What restrictions are necessary to reduce or eliminate the risk of exposure?

Consider all avenues of risk and think creatively regarding restrictions. 3. If a restrictive covenant is appropriate, the following supporting documents must

be provided to the FDEP OGC: ____ Certified copy of the deed. a. does the name of the owner/grantee on the deed match the name of the

person who claims to be the property owner? b. confirm property ownership on county internet web site (if possible).

____ Title Search (ownership & encumbrances search) copy provided. ____ Tax Lien information either that lien has been removed or copy of lien. ____ Easements list of any easements & copies of recorded easement. A

diagram of the location of the easements in relation to the restricted area is helpful.

____ Mortgage holder completed and signed subordination of mortgage for each financial institution or lender of existing mortgages.

____ Leases copies of all leases and subleases or assigned leases. ____ Any UCC liens copies of and releases from any liens (i.e., tax liens). ____ Legal Description. ____ Legal description of the entire property even if only a portion of the

property will be encumbered/restricted (Exhibit A to covenant). ____ If only a portion of the parcel will be restricted then either a survey of the

restricted portion (not just the contaminated area, the entire area to be restricted) or a legal description of the restricted area (a scaled diagram attached is also helpful) is required (Exhibit B to covenant).

____ Cover memo to Tallahassee. ____ Name of site/project manager & telephone number; ____ Name of person representing the property owner and telephone number

(or the name of the property owner if unrepresented); ____ Brief description why site/project manager believes site ok for IC & why

these restrictions are adequate. MAIL: District lead sites mail directly to appropriate program attorney (or, if the site is in enforcement, to the enforcement attorney) in FDEP OGC Tallahassee. Contracted local government lead sites mail directly to the FDEP liaison who will contact the appropriate Tallahassee technical support for review prior to sending to FDEPOGC.

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ATTACHMENT J6: SAMPLE CONSERVATION EASEMENT

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This instrument prepared by: Name Mailing Address City, Florida, Zip Code

DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this _________ day of ____________ 200_, by _______________________, having an address at ____________________________ _____________________________________ (Grantor) to the Florida Department of Environmental Protection (FDEP or Grantee). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the Property (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee.

WITNESSETH A. WHEREAS, the Grantor is the sole owner in fee simple of certain lands situated in _________ County, Florida, more specifically described in Exhibit A attached hereto and incorporated herein (Property); {{attach as Exhibit A the legal description of the property or, if short enough, include within this document}}; and B. The FDEP Facility Identification Number for the Property is {{______}}. The facility name at the time of this Easement is {{______________ }}; C. {{Basic information regarding contamination, brief history of discharge/cleanup, etc.}}. The discharge of {{petroleum products, drycleaning solvents, whatever property characterizes the nature of the contamination}} on the Property is documented in the following reports which are incorporated by reference {{list what is applicable to the site}}:

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1. Site Assessment Report dated __________, submitted by {{Company that prepared report}}; and

2. Site Assessment Report Addendum dated ______, submitted by {{Company that prepared report}}; and etc.

D. The reports noted in Recital C set forth the nature and extent of the contamination on the Property. These reports confirm that contaminated groundwater as defined by Chapters 62-_____, F.A.C., exists on the Property. Also these reports document that the groundwater contamination does not extend off the Property, that the extent of the groundwater contamination does not exceed 1/4 acre and the groundwater contamination is not migrating. {{Be sure this is accurate to the particular site if not briefly summarize what is correct}}. E. The FDEP has agreed to issue a Site Rehabilitation Completion Order (SRCO) with Conditions {{or NFA with Conditions}} (hereinafter Order) upon recordation of this Easement, and the FDEP can unilaterally revoke the Order if the conditions of this Easement or of the Order are not met. The Order relating to Grantor, FDEP Facility No. {{9 digit #}}, are on file with the {{FDEP Bureau of __________located at 2600 Blair Stone Road, Mail Station ____, Tallahassee, Florida 32399-______ or other appropriate location}}; F. Grantor deems it desirable and in the best interest of all present and future owners of the Property that a {{SRCO with conditions, NFA, with conditions}} be obtained and that the Property be held subject to certain restrictions and changes, all of which are more particularly hereinafter set forth. NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby voluntarily grants and conveys a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature and character of this conservation easement shall be as follows: 1. Purpose. The purpose of this conservation easement is to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. 2. Rights of Grantee. To carry out this purpose, the following rights are conveyed to Grantee by this easement: The right to take action to preserve and protect the environmental value of the Property; The right to prevent any activity on, or use of, the Property that is inconsistent with the purpose of this conservation easement, and to require the restoration of areas or features of the Property that may be damaged by any inconsistent activity or use; The right to enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are complying with the covenants and prohibitions contained in this conservation easement; and

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The right to proceed at law or in equity to enforce the provisions of this conservation easement and the covenants set forth herein, and to prevent the occurrence of any of the prohibited activities hereinafter set forth. 3. Prohibited Uses. The following activities are prohibited in or on the Property: Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a FDEP approved maintenance plan; Planting of nuisance, exotic, or non-native plants as listed by the Exotic Pest Plant Council; Exploration for, or extraction of, oil or gas, and excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material; Surface use; Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; Acts or uses detrimental to such aforementioned retention of land or water areas; Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. 4. Reserved Rights. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any FDEP rule, criteria, permit and the intent and purposes of this Conservation Easement. 5. Public Access. No right or access by the general public to any portion of the Property is conveyed by this conservation easement. 6. Liability. Grantor, its successors or assigns, shall take responsibility for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 7. Real Property Taxes. Grantor, its successors or assigns, shall pay any and all real property taxes and assessments levied by competent authority on the Property. Grantor, its successors or assigns, will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantors ownership of the Property. Neither Grantors, its successors or assigns, nor any person or entity claiming by or through Grantors its successors or assigns, shall hold

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Grantee liable for any damage or injury to person or personal property which may occur on the Property. 8. Hazardous Waste. Grantor covenants and represents that no hazardous substance or toxic waste are currently stored on the property and that there are not now any underground storage tanks located on the Property. 9. Enforcement Discretion. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach by Grantor, shall not be deemed or construed to be a waiver of Grantees rights. 10. Venue and Enforcement Costs. Venue to enforce the terms of this conservation easement shall be in Leon County, Florida. In addition, if the Grantee prevails in an enforcement action, it shall be entitled to recover the cost of restoring the land to the natural vegetative and hydrologic condition existing at the time of execution of the conservation easement or to the vegetative and hydrologic condition required by the aforementioned permit. 11. Assignment of Rights. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 12. Recording in Land Records. Grantor shall record this conservation easement in timely fashion in the Official Records of __________ County, Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this conservation easement in the public records. 13. Successors. The covenants, terms, conditions and restrictions of this Conservation Easement shall be binding upon, and inure to, the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. 14. Notices. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 15. Subsequent Deeds. Grantor shall insert the terms and restrictions of this conservation easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. 16. Severability. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 17. Alteration or Revocation. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs,

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assigns or successors-in-interest, which shall be filed in the public records in ___________ County. 18. Controlling Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of Florida. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all person whomsoever. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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IN WITNESS WHEREOF, the Grantor and Grantee have executed this Conservation

Easement this __________ day of ______________, 200__. Signed, sealed and delivered ________________________________ in our presence as witnesses: A Florida corporation ________________________ By: ____________________________ Print Name:_______________ Print Name: _____________________ Title: ___________________________ ________________________ Print Name:_______________ STATE OF FLORIDA COUNTY OF ___________ The foregoing instrument was acknowledged before me this ___ day of __________, 200__, by _______________ as ______________________ of the (corporations name)_________________. He/she is personally known to me or has produced ____________________________ as identification. ________________________________ Notary Public _______________________________ Printed/Typed Name of Notary Commission No. _________________ Commission Expires ______________

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Approved as to form by the Florida Department of Environmental Protection, Office of General Counsel ________________________________ Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT in our presence as witnesses: OF ENVIRONMENTAL PROTECTION _______________________ _________________________________ Signature Signature Printed Name and Title _______________________ Bureau of _________________________ Print Name of Witness Mailing Address of Signatory: _______________________ Signature _______________________ Print Name of Witness STATE OF FLORIDA COUNTY OF ___________ The foregoing instrument was acknowledged before me this ___ day of __________, 200__, by _______________ as ______________________ of the (corporations name)_________________. He/she is personally known to me or has produced ___________________________ as identification. ________________________________ Notary Public _______________________________ Printed/Typed Name of Notary Commission No. _________________ Commission Expires ______________

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ATTACMENT J6:CONSERVATION EASEMENT CONSENT & JOINDER OF MORTGAGEE

CONSENT AND JOINDER OF MORTGAGEE The undersigned, _______________________________ (mortgagee), the mortgagee under that certain ________________________ (title of mortgage document) dated __________________ and recorded at Official Records Book ______, Page _____, of _______________ County, Florida, hereby consent and joins in the foregoing Deed of Conservation Easement, and subordinates its mortgage lien encumbering all or any part of the Property (as described in the foregoing Deed of Conservation Easement) to the Deed of Conservation Easement. IN WITNESS WHEREOF, this Consent and Joinder is executed by the undersigned this _____ day of _______________, 200__. Signed, sealed and delivered Mortgagee in our presence as witnesses: _________________________ By: _________________________ Print Name: Print Name: _____________________ Title: ___________________________ _________________________ Print Name: STATE OF FLORIDA COUNTY OF ___________ The foregoing instrument was acknowledged before me this ___ day of __________, 200__, by _______________ as ______________________ of the (corporations name)_________________. He/she is personally known to me or has produced _____________________ as identification. ________________________________ Notary Public _______________________________ Printed/Typed Name of Notary Commission No. _________________ Commission Expires ______________

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ATTACHMENT J7: CONSERVATION EASEMENT STATUTE 704.06 Conservation easements; creation; acquisition; enforcement.-- (1) As used in this section, "conservation easement" means a right or interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance; or maintaining existing land uses and which prohibits or limits any or all of the following: (a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. (b) Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. (c) Removal or destruction of trees, shrubs, or other vegetation. (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. (e) Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) Acts or uses detrimental to such retention of land or water areas. (h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. (2) Conservation easements are perpetual, undivided interests in property and may be created or stated in the form of a restriction, easement, covenant, or condition in any deed, will, or other instrument executed by or on behalf of the owner of the property, or in any order of taking. Such easements may be acquired in the same manner as other interests in property are acquired, except by condemnation or by other exercise of the power of eminent domain, and shall not be unassignable to other governmental bodies or agencies, charitable organizations, or trusts authorized to acquire such easements, for lack of benefit to a dominant estate. (3) Conservation easements may be acquired by any governmental body or agency or by a charitable corporation or trust whose purposes include protecting natural, scenic, or open space values of real property, assuring its availability for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving sites or properties of historical, architectural, archaeological, or cultural significance. (4) Conservation easements shall run with the land and be binding on all subsequent owners of the servient estate. No conservation easement shall be unenforceable on account of lack of privity of contract or lack of benefit to particular land or on account of the benefit being assignable. Conservation easements may be enforced by injunction or proceeding in equity or at law, and shall entitle the holder to enter the land in a reasonable manner and at reasonable times to assure compliance. A conservation easement may be released by the holder of the easement to the holder of the fee even though the holder of the fee may not be a governmental body or a charitable corporation or trust. (5) All conservation easements shall be recorded and indexed in the same manner as any other instrument affecting the title to real property.

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(6) The provisions of this section shall not be construed to imply that any restriction, easement, covenant, or condition which does not have the benefit of this section shall, on account of any provision hereof, be unenforceable. (7) Recording of the conservation easement shall be notice to the property appraiser and tax collector of the county of the conveyance of the conservation easement. (8) Conservation easements may provide for a third-party right of enforcement. As used in this section, third-party right of enforcement means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, or charitable corporation or trust as described in subsection (3), which although eligible to be a holder, is not a holder. (9) An action affecting a conservation easement may be brought by: (a) An owner of an interest in the real property burdened by the easement; (b) A holder of the easement; (c) A person having a third-party right of enforcement; or (d) A person authorized by another law. (10) The ownership or attempted enforcement of rights held by the holder of an easement does not subject the holder to any liability for any damage or injury that may be suffered by any person on the property or as a result of the condition of the property encumbered by a conservation easement. (11) Nothing in this section or other provisions of law shall be construed to prohibit or limit the owner of land, or the owner of a conservation easement over land, to voluntarily negotiate the sale or utilization of such lands or easement for the construction and operation of linear facilities, including electric transmission and distribution facilities, telecommunications transmission and distribution facilities, pipeline transmission and distribution facilities, public transportation corridors, and related appurtenances, nor shall this section prohibit the use of eminent domain for said purposes as established by law. In any legal proceeding to condemn land for the purpose of construction and operation of a linear facility as described above, the court shall consider the public benefit provided by the conservation easement and linear facilities in determining which lands may be taken and the compensation paid.

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ATTACHMENT J8: CONSERVATION EASEMENT CHECKLIST

Please use the Checklist for the Restrictive Covenant. In addition to those requirements please see the following. Conservation Easements may only be used when the intent in purpose is to (check as many as apply): _____ 1. Keep the property in its natural, scenic, open, agricultural, or wooded condition; _____ 2. Keep the property a suitable habitat for fish, plants, or wildlife; _____ 3. Keep the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance; or _____ 4. Maintain existing land uses and prohibit or limit any or all of the following

(check all that apply): ______(a) Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. ______(b) Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. ______(c) Removal or destruction of trees, shrubs, or other vegetation. ______(d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. ______(e) Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. ______(f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. ______(g) Acts or uses detrimental to such retention of land or water areas. ______(h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. _____ Provide a complete description of the size of the property; _____ Provide information regarding surrounding land uses in all directions; _____ Provide a brief description of the history of uses of the property; _____ Describe the natural area including surface waters, habitat, & why the property has any historical, architectural, archaeological, or cultural significance.

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ATTACHMENT J9: INSTITUTIONAL CONTROL REGISTRY DATA SHEET

See Instruction Sheet for guidance. __________________ Database (as applicable)

_______________________________ ___________________________________

County Facility ID (as applicable)

__________________________________________________ ____________________________________________

Facility Name Facility Address

________________________ _ ____________ ________ ________ ________ __________ __________ ____________

City Zip Section Township Range Book # Page # Parcel ID

____________ ____________ ___________ __________ __________

_____________________________________________

LAT DD LAT MM LAT SS LONG DD LONG MM LONG SS LAT/LONG ACQUISITION METHOD

_______________________________ ________________ _________________ ________________ __________________

Institutional Control Mechanism Date Recorded Program Area Date Order Issued Date IC Removed

1._______________________________ __________________ _______________________ ________________________

Institutional Control Type Engineering Control Contaminated Media Contamination

2._______________________________ __________________ _______________________ ________________________

Institutional Control Type Engineering Control Contaminated Media Contamination

3._______________________________ __________________ _______________________ ________________________

Institutional Control Type Engineering Control Contaminated Media Contamination

4._______________________________ __________________ _______________________ ________________________

Institutional Control Type Engineering Control Contaminated Media Contamination

_________________

Last Inspection

Comments:

Legal Description: Please identify if attached

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Instruction Sheet for Institutional Control Registry Data Sheet Database: This should identify the database in which this facility is currently tracked (e.g., STCM, COMET, etc.) County: List the County of the Facility DEP Facility ID Number: List the number (or name) in which the facility is currently tracked Facility Name: List the name of the Facility Facility Address: List the actual Street Address of the Facility with the institutional control (not the headquarters office or mailing address) City: List the city of the Facility Zip: List the facility Zip Code Section/Township/Range: List the Section/Township and Range of the Facility Book #/Page#/Parcel ID: List the plat book #, page # and parcel ID of the recorded instrument Lat/Long: List the Latitude and Longitude in days, minutes and seconds. Lat/Long Acquisition method: List the method of acquisition as either: ADDM ADDRESS MATCHING AGPS AUTONOMOUS GPS CSUR CADASTRAL SURVEY DGPS - DIFFERENTIALLY CORRECTED GPS DMAP - DIGITAL MAP INTERPOLATION DPHO - DIGITAL AERIAL PHOTOGRAPHY WITH GROUND CONTROL GGPS - GEODETIC QUALITY GLOBAL POSITIONING SYSTEM (GPS)

LORN - LORAN-C NAVIGATIONAL DEVICE MMAP - MANUAL AERIAL PHOTOGRAPHY W/ GROUND CONTROL MPHO - MANUAL MAP INTERPOLATION SATI - SATELLITE IMAGERY W/ GROUND CONTROL UNVERIFIED ZIPC- ZIP CODE CENTROID Institutional Control Mechanism: List the mechanism as either: CONSERVATION EASMENT RESTRICTIVE COVENANT DEED NOTICE MEMORANDUM OF AGREEMENT CONSENT ORDERS OTHER DEP PERMIT ZONING AND LOCAL ORDINANCES

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Date Institutional Control Recorded: For Conservation Easements, Restrictive Covenants or Deed Notices: This is the date the actual instrument was recorded by the property owner with the appropriate county land office. A receipt (typically this the copy of the restrictive covenant that is stamped with the book and page number in the upper right hand corner of the document) indicating when and where the covenant was recorded.

Memorandum of Agreements, Permits or Other: This is the date the agreement, permit or other instrument was fully executed.

Program Area: Identify the program area this institutional control was authorized as either: PETROLEUM CERCLA BROWNFIELDS RCRA DRYCLEANING OTHER Date Order Issued: This is the date that the Site Rehabilitation Completion Order with Conditions was issued by the DEP. Date Institutional Control was Removed: This is the date that the institutional control was removed (unrecorded by the property owner). Institutional Control Type: This is the specific restriction(s) imposed by the Institutional Control Mechanism and should be recorded as either: ACCESS RESTRICTION DIGGING RESTRICTION EC MAINTENANCE LAND USE RESTRICTION OSHA NOTIFICATION REQUIREMENT GROUNDWATER USE RESTRICTION Engineering Control: This is the identified engineering control imposed by the Institutional Control mechanism (if applicable) and should be recorded as either: BOTTOM BARRIERS IMPERVIOUS CAP SOIL CAP FENCES IMMOBILIZATION NONE VERTICAL BARRIER Contaminated media: This is the media specifically being addressed by the Institutional control type and should be recorded as either: GROUNDWATER SOIL SEDIMENT SURFACE WATER Contamination: This is the general category of contamination being addressed by the Institutional Control Type and should be recorded as either: INORGANIC METALLIC INORGANIC NONMETALLIC

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OTHER ORGANIC COMPOUNDS PAH - POLYNUCLEAR AROMATIC HYDOCARBONS PCB - POLYCHLORINATED BYPHENOLS PESTICIDES (INCLUDES HERBICIDES, FUNGICIDES AND INSECTICIDES) PETROLEUM (INCLUDES BTEX AND MTBE) PHENOLS UNKNOWN VOA - VOLATILE ORGANIC AROMATICS VOH - VOLATILE ORGANIC HYDROCARBONS Note: The institutional control type, engineering control, contaminated media and contamination are linked fields. Additionally, there can be multiple institutional control types for each Institutional control mechanism. For example, a Restrictive Covenant (institutional control mechanism) may restrict groundwater access due to groundwater contaminated with petroleum chemicals of concern. The same mechanism may also require a concrete cap and digging restrictions due to soil contaminated with petroleum chemicals of concern. Under this situation, the following should be entered into the datasheet: Covenant__________ ___10/21/00_ _Petroleum _11/30/00_ ___________ Institutional Control Mechanism Date Recorded Program Area Date Order Issued Date IC Removed

1._Water Use Restriction_ NONE_ GROUNDWATER__ __PETROLEUM___ Institutional Control Type Engineering Control Contaminated Media Contamination

2._EC MAINTENANCE___ _CAP___ _SOIL____________ __PETROLEUM___ Institutional Control Type Engineering Control Contaminated Media Contamination

3._DIGGING RESTRICTION_ NONE SOIL_____________ PETROLEUM Institutional Control Type Engineering Control Contaminated Media Contamination

4._______________________________ __________________ _______________________ ________________________

Institutional Control Type Engineering Control Contaminated Media Contamination Last Inspection: This is the date that the facility was inspected by DEP or its agents to verify that the institutional control was in place. Comments: This should include any appropriate comments pertaining to the facility. Please note that this will be displayed on the web for public use. Soplease keep comments brief and professional. Legal Description: This is the legal description of the property and may be attached to this data sheet rather than transcribed in this space.

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ATTACHMENT J10: SAMPLE MEMORANDUM OF UNDERSTANDING

MEMORANDUM OF UNDERSTANDING BETWEEN THE

SOUTH FLORIDA WATER MANAGEMENT DISTRICT

AND THE

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION This MEMORANDUM OF UNDERSTANDING (MOU) is entered into on this ________ day of _____________, 2000, between the Parties, the South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406, a public corporation of the State of Florida (DISTRICT), and the Florida Department of Environmental Protection, a public agency of the State of Florida, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (FDEP).

WITNESSETH:

THAT WHEREAS, the DISTRICT is an independent taxing authority, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes (F.S.); and WHEREAS, the DISTRICT is empowered to enter into contractual arrangements with public agencies, private corporations or other persons, pursuant to Section 373.083, F.S.; and WHEREAS, the Kissimmee River Restoration Project (the Project) is included in the DISTRICT Save Our Rivers (SOR) program established to acquire and manage lands under the statutory standards and criteria of that program pursuant to Chapter 373, F.S.; and WHEREAS, the DISTRICT is obligated to acquire certain lands within the Project and certify that acquisition is complete to U.S. Army Corps of Engineers; and WHEREAS, some of the lands which the DISTRICT is obligated to acquire contain abandoned cattle vats (Vats), which were installed by landowners as part of state and local tick eradication programs; and

WHEREAS, the DISTRICT and the FDEP entered into a Memorandum of Understanding dated February 7, 1994 (1994 MOU), in which the parties agreed to a procedure that permitted the DISTRICT to continue the acquisition of lands required for the Project, including those which contain Vats, and which allowed for appropriate and timely remediation of contamination problems associated with Vats; and WHEREAS, the DISTRICT has identified two sites with Vats on lands it has acquired for the Project (Sites), the Sites being further identified as follows:

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