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A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (2) Issuance of an ESA of the parcel(s) certified to the Recipient, FCT, and the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, which meets the standards and requirements of Rule 62-819.012, F.A.C. and the ASTM Practice E 1527, and with a date of certification within 90 days of Grant Award Disbursement, together with the statement required by Rule 62- 819.012(4), F.A.C. If the Phase 1 ESA reports evidence of recognized environmental conditions, then a Phase II ESA performed to address any concerns raised in the Phase I ESA and to confirm the presence of contaminants on site. Phase II ESAs shall meet the standards and requirements of ASTM E1903-11. In the event an adverse ESA is reported on a site, FCT shall assess the risk to the State. Because the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida will have an executory interest in the Project Site, FCT shall have the right to refuse to deliver funds for closing/disbursement if FCT determines the hazardous materials contamination presents a liability to the State that outweighs the benefits to be derived from the acquisition of the Project Site. If it is determined by FCT that a delay in, or termination of the Acquisition is necessary, the Trust shall immediately notify the Recipient, and this Agreement shall be amended accordingly. A letter from FCT indicating approval of the Management Plan written in accordance with Rule 62-818.011, F.A.C., and as described in Article VII below. d. A statement of the Project Costs. e. A statement of the amount of the award being requested from FCT. f. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. g. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. h. A signed statement by the Recipient that all activities under this Agreement comply will all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. i. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VIIA. below. DEP Agreement No. S0958, Page 8 of 24 FCT Project No. 11-050-FFI l Pre -Acquired Project Site