3/28/2018 2:02:40 PM
11/9/2015 10:53:21 AM
Official Document Type
Declaration of Covenants
Agenda Item Number
Florida Department of Environmental Protection
Disney Cattle Dip Property
State Road 510
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2. Interim Source Removal Report dated the 17th day of December, 2008, prepared by Geosyntec <br /> Consultants; <br /> 3. Site Assessment Report Addendum dated the 25th day of August, 2010, prepared by Geosyntec <br /> Consultants; <br /> 4. Site Assessment Report Addendum No. 2 dated the 30th day of August, 2012, prepared by <br /> Geosyntec Consultants; and <br /> 5. Site Assessment Status Report dated the 2nd day of December, 2013, prepared by Geosyntec <br /> Consultants. <br /> D. The reports noted in Recital C. above set forth the`n^ture and extent of the contamination that was <br /> found on the Property. These reports confirm that contaminated groundwater exists on the Property, <br /> as defined by Chapter 62-780, Florida Administrative Code (F.A.C.). Also, these reports document <br /> that the groundwater contamination did not extend beyond the Property boundary, and that the extent <br /> of the groundwater contamination did not exceed 1/4 acre and the groundwater contamination was not <br /> migrating. <br /> E. It is the intent that the restrictions in this Declaration reduce or eliminate the risk of exposure of users <br /> or occupants of the Property and the environment to the contaminants and to reduce or eliminate the <br /> threat of migration of the contaminants. <br /> F. The FDEP has agreed to issue a Site Rehabilitation Completion Order with Conditions (hereinafter <br /> "Order") upon recordation of this Declaration. The Order relating to FDEP Facility No. COM <br /> 289528 can be found by contacting the FDEP Southeast District Office. <br /> NOW, THEREFORE, to induce the FDEP to issue the Order and for other good and valuable <br /> consideration, the receipt and sufficiency of which are hereby acknowledged by each of the undersigned <br /> parties,GRANTOR agrees as follows: <br /> 1. The foregoing recitals are true and correct and are incorporated herein by reference. <br /> 2. GRANTOR hereby imposes the following restrictions and requirements: <br /> a. There shall be no use of the groundwater under the Property. There shall be no drilling for <br /> water conducted on the Property, nor shall any wells be installed on the Property, other than <br /> monitoring wells pre-approved in writing by FDEP's Division of Waste Management <br /> (DWM), in addition to any authorizations required by the Division of Water Resource <br /> Management (DWRM) and the Water Management Districts. For any dewatering activities <br /> on the Property, a plan approved by FDEP's DWM must be in place to address and ensure the <br /> appropriate handling, treatment and disposal of any extracted groundwater that may be <br /> contaminated. <br /> 3. In the remaining paragraphs, all references to "GRANTOR" and "FDEP" shall also mean and <br /> refer to their respective successors and assigns. <br /> Page 2 of 6 <br />
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