Okaloosa County BOCC — January 21, 2014 — Internal Coordination Sheet and Declaration of Restrictive Covenant

CONTRACT & LEASE INTERNAL COORDINATION SHEET ie 4 2 Contract/Lease Numben_09-1736-AP Tracking Number: ba ~/ y Contractor/Lessee Name: LPA Group, lnc, Grant Funded: YES _ NO_. Purpose: ord] Ldoc tassoci with BIS Airport-Restrictive Covenant Date/Term: 1. [2] GREATER THAN $50,000 Amount: 2. [1] GREATER THAN $25,000 Department: Airport DTS. 3. £2) $25,000 OR LESS Dept. Monitor Name: Sunil Hamman / Stage Document has besn reviewed and includes any attachments or exhibits. Purchasing Review Date: /@ el -/3 Risk Management Review Date: +25 -7 j j eect a Atforney Review, | ”» pane a he o by we Date: abel County AHorney Following Okaloosa County approval Contract & Grant Document has bean received: Date: Contracts & Grants Manager SS Lewis SSS LONGMAN & I WALKER | PA. ATTORNEYS AT LAW Reply To: Tallahassee December 5, 2013 Michael Baker, Jr., Inc. c/o Doug Hambrecht, P.E. Senior Project Manager 1320 Executive Center Drive Atkins Building, Suite 100 Tallahassee, FL 32301 RE; Transmittal of Final Declaration of Restrictive Covenant and Supporting Documents, DEP Facility ID # 468512257, Destin/Walton Beach Airport Former Storage Tank Site Dear Mr. Hambrecht: Enclosed is the final Declaration of Restrictive Covenant, which has been revised to show Charles K. Windes, Jr. as the new Chairman of the Okaloosa County Board of County Commissioners. Please have the DRC executed on behalf of Okaloosa County and Okaloosa County Airport and Industrial Authority where indicated, and also have each signature witnessed and notarized. After execution, please return the DRC to me, and I will coordinate execution by the Department of Environmental Protection and then recording in the public records. We look forward to our continued coordination to complete this process and secure a Site Rehabilitation Completion Order in this matter. Sincerely, F. Joseph Ullo, Jr. Lewis, Longman & Walker, P.A. FJU Enclosure See Things Differently BRADENTON JACKSONVILLE TALLAHASSEE WEST PALM BEACH 101 Riverfront Boulevard 245 Riverside Avenue 315 South Calhoun Street 515 North Flagler Drive Suite 420 Suite 150 Suite 830 Suite 1500 Bradenton, Florida 34205 Jacksonville, Florida 32202 Tallahassee, Florida 32301 West Paim Beach, Florida $3401 p | 941-708-4040 ¢ f| 941-708-4024 p | 904-353-6410 © f | 904-353-7619 p | 850-222-5702 # f | 850-224-9242 p | 561-640-0820 © f| 561-640-8202 00275537-1 www.iiw-law.com THIS INSTRUMENT PREPARED BY: F. JOSEPH ULLO, JR., ESQUIRE LEWIS, LONGMAN & WALKER, P.A. 315 SOUTH CALHOUN STREET, SUITE 830 TALLAHASSEE, FL 32202 (850) 222-5702 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION OF RESTRICTIVE COVENANT (hereinafter “Declaration”) is made this _____ day of 20 __, by Okaloosa County and Okaloosa County Airport and Industrial Authority (hereinafter “GRANTOR”) and the Florida Department of Environmental! Protection (hereinafter “FDEP”). RECITALS A. GRANTOR is the fee simple owner of that certain real property situated in the County of Okaloosa, State of Florida, more particularly illustrated and described in Exhibit A attached hereto and made a part hereof (hereinafter the “Restricted Property”) B. The FDEP Facility Identification Number for the Restricted Property is 46/8512257. The facility name at the time of this Declaration is Destin-Fort Walton Beach Airport. This Declaration addresses the discharge that was reported to the FDEP on May 6, 2005; C. The discharge of petroleum products on the Restricted Property is documented in the following reports that are incorporated by reference: 1. Limited Site Assessment Report dated July 23, 2008, submitted by Cameron Cole; and 2. Limited Site Assessment Report Addendum dated March 31, 2009, submitted by Cameron Cole; and 3. Various Natural Attenuation Monitoring Plan and Reports dated October 15, 2009, January 14, 2010, April 28, 2010, July 26, 2010, and October 27, 2010; and 4, Site Rehabilitation Completion Report & No Further Action Proposal dated January 31, 2012, submitted by Cameron Cole. D. The reports noted in Recital C set forth the nature and extent of the contamination described in Recital C that is located on the Restricted Property. These reports confirm that contaminated soil and groundwater as defined by Chapter 62-780, Florida Administrative 169143-4 ] Code (F.A.C.), exists on the Restricted Property. Also, these reports document that the groundwater contamination does not extend beyond the Restricted Property boundaries, that the extent of the groundwater contamination does not exceed 1/4 acre, and the groundwater contamination is not migrating. E. Itis the intent of the restrictions in this Declaration to reduce or eliminate the risk of exposure of users or occupants of the Restricted Property and the environment to the contaminants and to reduce or eliminate the threat of migration of the contaminants. F, The FDEP has agreed to issue a Site Rehabilitation Completion Order with Conditions (hereinafter “Order”) upon recordation of this Declaration. The FDEP can unilaterally revoke the Order if the conditions of this Declaration or of the Order are not met. Additionally, if concentrations of petroleum products’ chemicals of concern increase above the levels approved in the Order, or if a subsequent discharge occurs at the Restricted Property, the FDEP may require site rehabilitation to reduce concentrations of contamination to the levels allowed by the applicable FDEP rules. The Order relating to FDEP Facility No. 46/8512257 can be found by contacting the appropriate FDEP district office or bureau; G. GRANTOR deenmss it desirable and in the best interest of all present and future owners of the Restricted Property that an Order be obtained and that the Restricted Property as illustrated and described in Exhibit A be held subject to certain restrictions, all of which are more particularly hereinafter set forth. NOW, THEREFORE, to induce the FDEP to issue the Order and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the undersigned parties, GRANTOR agrees as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. GRANTOR hereby imposes on the Restricted Property the following restrictions: a.i. There shall be no use of the groundwater under the Restricted Property. There shall be no drilling for water conducted on the Restricted Property, nor shall any wells be installed on the Restricted Property other than monitoring wells pre- approved in writing by FDEP’s Division of Waste Management (DWM) in addition to any authorizations required by the Division of Water Resource Management (DWRM) and the Water Management District (WMD). a.ii. For any dewatering activities on the Restricted Property a plan approved by FDEP’s DWM must be in place to address and ensure the appropriate handling, treatment and disposal of any extracted groundwater that may be contaminated. a.lii. Attached as Exhibit B, and incorporated by reference herein, is a drawing identifying the size and location of existing swales, catch basins and stormwater 00169143-4 2 conveyance facilities on the Restricted Property. Such existing stormwater features shall not be altered, modified or expanded, and there shall be no construction of new stormwater swales, stormwater detention or retention facilities or ditches on the Restricted Property without prior written approval from FDEP’s DWM in addition to any authorizations required by the DWRM and the WMD. A revised exhibit must be recorded when any stormwater feature is altered, modified, expanded, or constructed. b. Excavation and construction is not prohibited on the Restricted Property provided any contaminated soils that are excavated are removed and properly disposed of pursuant to Chapter 62-780, F.A.C. and any other applicable local, state, and federal requirements. Nothing herein shall limit any other legal requirements regarding construction methods and precautions that must be taken to minimize risk of exposure while conducting work in contaminated areas. For any dewatering activities, a plan pre-approved by FDEP’s Division of Waste Management must be in place to address and ensure the appropriate handling, treatment, and disposal of any extracted groundwater that may be contaminated. Nothing in this Declaration shall prevent, limit or restrict any excavation or construction at or below the surface outside the boundary of the Restricted Property. c. The following uses of the Restricted Property are prohibited: agricultural use of the land including forestry, fishing and mining; hotels or lodging; recreational uses including amusement parks, parks, camps, museums, zoos, or gardens; residential uses, and educational uses such as elementary or secondary schools, or day care services. These prohibited uses are specifically defined by using the North American Industry Classification System, Unite t Z{NA Executive Office of the President, Office of Management and Budget. The prohibited uses by code are: Sector 11 Agriculture, Forestry, Fishing and Hunting; Subsector 212 Mining (except Oil and Gas); Code 512132 Drive-In Motion Picture Theaters; Code 51912 Libraries and Archives; Code 53111 Lessors of Residential Buildings and Dwellings; Subsector 6111 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 Subsector 814 Private Households. 3. In the remaining paragraphs, all references to “GRANTOR” and “FDEP” shall also mean and refer to their respective successors and assigns. 4. For the purpose of monitoring the restrictions contained herein, FDEP is hereby granted a right of entry upon and access to the Restricted Property at reasonable times and with reasonable notice to the GRANTOR. Access to the Restricted Property is granted by an adjacent public right of way, Airport Road as illustrated in Exhibit A. 00169143-4 3 5. It is the intention of GRANTOR that this Declaration shall touch and concern the Restricted Property, run with the land and with the title to the Restricted Property, and shall apply to and be binding upon and inure to the benefit of GRANTOR and FDEP, and to any and all parties hereafter having any right, title or interest in the Restricted Property or any part thereof. The FDEP may enforce the terms and conditions of this Declaration by injunctive relief and other appropriate available legal remedies. Any forbearance on behalf of the FDEP to exercise its right in the event of the failure of the GRANTOR to comply with the provisions of this Declaration shall not be deemed or construed to be a waiver of the FDEP’s rights hereunder. This Declaration shall continue in perpetuity, unless otherwise modified in writing by GRANTOR and the FDEP as provided in paragraph 7 hereof. These restrictions may also be enforced in a court of competent jurisdiction by any other person, firm, corporation, or governmental agency that is substantially benefited by these restrictions. If the GRANTOR does not or will not be able to comply with any or all of the provisions of this Declaration, the GRANTOR shall notify FDEP in writing within three (3) calendar days. Additionally, GRANTOR shall notify FDEP thirty (30) days prior to any conveyance or sale, granting or transferring the Restricted Property or portion thereof, to any heirs, successors, assigns or grantees, including, without limitation, the conveyance of any security interest in said Restricted Property. 6. In order to ensure the perpetual nature of this Declaration, GRANTOR shall reference these restrictions in any subsequent lease or deed of conveyance, including the recording book and page of record of this Declaration. Furthermore, prior to the entry into a landlord-tenant relationship with respect to the Restricted Property, the GRANTOR agrees to notify in writing all proposed tenants of the Restricted Property of the existence and contents of this Declaration of Restrictive Covenant. 7. This Declaration is binding until a release of covenant is executed by the FDEP Secretary (or designee) and is recorded in the public records of the county in which the land is located. To receive prior approval from the FDEP to remove any requirement herein, cleanup target levels established pursuant to Florida Statutes and FDEP rules must be achieved. This Declaration may be modified in writing only. Any subsequent amendments must be executed by both GRANTOR and the FDEP and be recorded by GRANTOR as an amendment hereto. 8. Ifany provision of this Declaration is held to be invalid by any court of competent jurisdiction, the invalidity of that provision shall not affect the validity of any other provisions of the Declaration. All such other provisions shall continue unimpaired in full force and effect. 9. GRANTOR covenants and represents that on the date of execution of this Declaration that GRANTOR is seized of the Restricted Property in fee simple and has good right to create, establish, and impose this restrictive covenant on the use of the Property. GRANTOR also covenants and warrants that the Restricted Property is free and clear of any and all liens, mortgages, or encumbrances that could impair GRANTOR’S rights to impose the restrictive covenant described in this Declaration. 00169143-4 4 IN WITNESS WHEREOF, Okaloosa County has executed this instrument, this___ day of ,20_. GRANTOR OKALOOSA COUNTY By: Name: Charles K. Windes, Jr. Title: Chairman, Okaloosa County Board of County Commissioners 101 East James Lee Blvd Crestview, FL 32536 Signed, sealed and delivered in the presence of: By: ZB = Date: Witness Brian Cherry Print Name: General Manager Regal Air Destin - Date: Date: (-felYf Witness Print Name: STATE OF ) COUNTY OF } The foregoing instrument was acknowledged before me this day of ___,20_, by Personally Known OR Produced Identification Type of Identification Produced 00169143-4 Signature of Notary Public IN WITNESS WHEREOF, Okaloosa County Airport and Industrial Authority has executed this instrument, this ___ day of ,20_. GRANTOR OKALOOSA COUNTY AIRPORT AND INDUSTRIAL AUTHORITY By: Name: Charles K. Windes, Jr. Title: Chairman, Okaloosa County Board of County Commissioners 101 East James Lee Blvd Crestview, FL 32536 Signed, sealed and delivered in the presence of: Date: By: ae Witness . . Brian Cherry Print Name: General Manager Date: nee Air Oe, / Witness ares Print Name: STATE OF } COUNTY OF ) The foregoing instrument was acknowledged before me this__ day of __, 20_, by Personally Known OR Produced Identification Type of Identification Produced Signature of Notary Public 00169143-4 6 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 ,20_. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Valerie K. Heugel, Bureau Chief Bureau of Petroleum Storage Systems Division of Waste Management 2600 Blair Stone Road Tallahassee, Florida 32399 Signed, sealed and delivered in the presence of: Witness: Date: Print Name: Witness: Date: Print Name: STATE OF __) COUNTY OF ) The foregoing instrument was acknowledged before me this day of __, 20_, by as representative for the Florida Department of Environmental Protection. Personally Known OR Produced Identification Type of Identification Produced Signature of Notary Public Print Name of Notary Public Commission No. Commission Expires: 00169143-4 7 EXHIBIT A (TEXT REPRODUCED FOR CLARITY) LEGAL DESCRIPTION OF RESTRICTED PROPER A DEFINED AREA LYING WITHIN T—-2—-S, R-22-W IN OKALOOSA COUNTY FLORIDA ALSO LYING FES DESCRIPTED IN OLR, 297 PG, 395 & OR, 627 PG. /4/ te eee IN OKALOOSA COUNTY ALSO LYING WITH THE BOU INDARY OF ; i DESTIN -FORT WALTON BEACH AIRPORT AND BEIN ULAR Y DESCRIBED AS FOLLOWS: COMMERKCEIN So NT DESIGNATED AS DESTPORT (PID BG4869) ESTABLISED EY THE NATIO NAL GEODETIC SURVEY PROCEED N 72° 21°28"W A DISTANCE OF 809.11 TO THE POINT OF BEGINNING: THENCE PROCEED N 7° Ag 30"E A DISTANCE OF 241.217; THENCE PROCEED \ 82 A DISTANCE OF 252.03: THENCE PROCEED S 53° 1. ANC 139.36). THENCE PROCEED S 8° [18 9.99; THENCE ree S 8V at 18"E£ A DISTANCE OF © TO THE POINT OF BEGINNING. CONTAINING - SQUARE FEET, 1.82 ACRES 7 O D O V) = ye i) tT] ae TT Cm oO >) Cl teeopescaat » ape 32252 £3 ever & Of as I * r ERGRUNCD oxBR & ppt wd HevUCA RSCG Sanit FcR tact ome AS Dee «CeCe ert ah Uni 48H ory FORT WALTON BEACH RXHIUI 4 or SURVEY OF RESTRICTED PROPLRTY EXHIBIT A (TEXT REPRODUCED FOR CLARITY) LEGAL DESCRIPTION OF RESTRICTED PROPERTY A DEFINED AREA LYING WITHIN T-2~S, R-22—W IN OKALOOSA COUNTY FLORIDA ALSO LYING WITHIN PARCELS DESCRIPTED IN OR. 297 nS 395 & OR. 627 PG. 747 AS RECORDED IN OKALOOSA O COUNTY ALSO LYING WITH THE BOUNDARY OF THE DESTIN ~FORT WAL TON BEACH AIRPORT AND BEING VORE PARTIC! ULARY DESCRIBED AS FOLLOWS: COMMENCEING AT A POINT DESIGNATED AS DESTPORT (PID-6G4869) ESTABLISED BY THE NATIONAL GEODETIC SUR\ EY PROCEED N 72° 2128"W A DISTANCE OF 809.11 TG THE POINT OF Sein THENCE PROCEED N 7° 44’ S32"—E A DISTANCE OF 241. at HENCE PROCEED N 82° 15’ 28" W y A DISTANCE OF 252.03’: UENCE PRO © EEO S$ 53° 13 O06 WA DISTANCE OF 139.36’: fuen ICE PROCE S 8° 18'42"W A DISTANCE OF 139.99. THENCE PROCEED ° Bi on 1B"E A DISTANCE OF 259.80 TO THE POINT OF BEGINNING. CONTAINING 79,385.94 SQUARE FEET, 1.82 ACRES +/ 06169 143-2 Aah (CF sromwancat act @ Ror one) ° See oA “Eff EXHBIT B EXISTING | STORMWATER FEATURES