DECLARATION OF RESTRICTIVE COVENANT

THIS DECLARATION OF RESTRICTIVE COVENANT (hereinafter “Declaration”) is made this ________ day of ____________________, 199 __, by {property owner) (Should see the deed identifying the property owner) (hereinafter “Grantor”) and the Florida Department of Environmental Protection (hereinafter “the Department”).

RECITALS

WHEREAS, the Grantor is the owner of certain real property (hereinafter referred to as the "Site") located in ________________________ County, Florida, which is more fully described in Exhibit 'A" attached hereto and made a part hereof {{attach as Exhibit A the legal description of the property}};

WHEREAS a Consent Order has been entered in the case of State of Florida, Department of Environmental Protection v. ___________________________, (hereinafter “the Consent Order”), for {the implementation of remedial action at the Site}. Pursuant to the Consent Order, the DEP has agreed to issue a {SRCO, NFA, etc.) upon recordation of this Declaration;

WHEREAS, the Grantor has agreed to grant a conservation easement in favor of the Department on the Site on the terms set forth herein;

NOW THEREFORE, Grantor hereby grants to the Department, and assigns a perpetual conservation easement on the Site. Such easement is granted pursuant to and in accordance with the provisions of Section 704.06, Florida Statutes. The restrictions and covenants of this easement constitute a perpetual servitude on the property and run with the property.

1. The purpose of this Declaration is to {assure the integrity and maintenance of the remedial action activities implemented at the Site). The Grantors, and their respective successors and assigns, covenant with the Department and its assigns not to conduct any of the following activities at or on the Site:

(FOR EXAMPLE}

a. Drilling, construction, disturbance other activities which would compromise the integrity of the cover, the fence, monitoring wells, or any other component of the remedy, or the function of any operating, monitoring, or maintenance activity.

b. Construction of roads or excavation or drilling/placement of wells.

c. Construction or placement of residences, trailers, schools, businesses, churches, warehouses, storage facilities or any other structures whether temporary or permanent.

d. Use for crops, vegetation, planting, other agricultural or forestry uses, pasture or holding of domestic animals.

e. Storage or disposal of construction debris, solid waste, hazardous waste, garbage, used cars, used trucks, used tires, used automobile parts, and other scrap pr junk materials.

f. Alterations of stormwater drainage conditions on to, away from, or adjacent to the cover.

2. The terms and conditions of this Declaration may be enforced by the Department and its assigns by injunctive relief and other appropriate available remedies. In any enforcement action in which the Department or its assigns prevail, Department or its assigns shall be entitled to recover reasonable attorney's fees and costs in the trial and appellate courts and in addition to the cost of restoring the land to the condition existing at the time of execution of this Declaration. Any forbearance on behalf of the Department to exercise its rights in the event of the failure of Grantors to comply with the provisions of this Declaration shall not be deemed or construed to be a waiver of the Department's rights hereunder in the event of any subsequent failure of the Grantors to comply.

3. {{Owner}} and its successors and assigns shall grant site access to the DEP or their respective successors and assigns for the purpose of determining compliance with the {SRCO, NFA, etc.}}.

4. It is the intention of {{Owner}} that the restriction contained in this Declaration shall 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 any and all parties hereafter having any right, title or interest in the Property or any part thereof.

5. This Declaration shall continue in perpetuity, unless otherwise modified in writing by {{Owner}} and the DEP.

IN WITNESS WHEREOF, {{Owner}) has executed this instrument, this _________ day of ___________________, 199__.

Signed, sealed and delivered in the presence of:

{{Owner}}

__________________________________ By: ___________________________________

<Company/Corp name if applicable> <Owner's signature>

Print name: _________________________ Its: ___________________________________

< company position >

____________________________________ Date:

____________________________________

< witness >

Print Name: ____________________________

STATE OF ________________)

COUNTY OF ______________)

The foregoing instrument was acknowledged before me this __________ day of _______________, 199___, by _________________________________. He/She is (personally known to me) or (has produced _______________________________ as identification).

__________________________________

Signature of Notary Public

__________________________________

Print Name of Notary Public

Commission No.

Commission Expires: