CN-370000-PL269-T18.pdf

TASK ASSIGNMENT NOTIFICATION FORM

DEP CONTRACT NO. PL269

Task Assignment Number: PL269.018 BLA File Number: 328202 Date: April 28, 2020

Project Name: Devil’s Garden County: Hendry Owner’s Name: Alico, Inc. Phase I-B West and Phase 1-B Central Acres: 10,684.00 Parcel ID No: Multiple (see attached)

Contractor: NORTHSTAR CONTRACTING GROUP, INC. FEID No: 13-3879343 Contractor Contract Manager: Pamela Jackson Phone Number: 850-531-9860

DEP Designated Task Manager: James Parker Phone Number: 850-245-3045 DEP Contract Manager: James Parker Phone Number: 850-245-3045 Subcontractors: (List, if any) ___________________________ MBE: ______ Yes No ___________________________________________________ MBE: ______ Yes No

Task Description (Use additional sheets if necessary):

1) Provide a Phase I Environmental Site Assessment for the above referenced parcel(s) as described in Exhibit “A” in accordance with Division of State Lands (DSL) standards which are attached as Exhibit “B” and in accordance with the cost estimate provided in Exhibit “C”. In addition, the Contractor must comply with the most current American Society of Testing and Materials (ASTM) E2247 standard. If the DSL standards and ASTM requirements for Phase I ESAs conflict, then the Contractor must perform to the more stringent of the requirements (ASTM scope and limitations will be provided to the Contractor upon request). The signatory on the report must be an “environmental professional”, as that term is defined by ASTM. Please be aware that DSL requires the contractor to conduct an AUL/lien search on its behalf, as outlined in the DSL Scope of Services.

Deviations:

The following deviations from DSL standards and/or Contract PL269 will be authorized: Submittal of DRAFT and FINAL products may be done electronically; paper copies will not be required. Two (2) compact discs containing the FINAL report will be required upon approval of the DRAFT product. No other deviations from the above-mentioned standards are allowed, unless in writing from the Division of State Lands.

The User Questionnaire is completed and attached. For property access, contact Mr. Mike Moore (Property Manager) at mmoore@alicoinc.com Additionally, please include the owners representatives Mr. Tim Hughes (Attorney) on any correspondence at thughes@trenam.com or 1-727-366-4995

Attachments: Exhibit “A”, Exhibit “B”, Exhibit “C”, & User Questionnaire

DRAFT Products Due Date: June 5, 2020 Liquidated Damages Per Day Charge: $ 25.00

Task Assignment Type: Amount Not to Exceed:

Fee Schedule (Phase I ESA) $ 5,978.03

Cost Reimbursement $ n/a Total Task Assignment Value $ 5,978.03

NORTHSTAR CONTRACTING GROUP, INC. FLORIDA DEPARTMENT OF

ENVIRONMENTAL PROTECTION

Contract Manager Date DEP Contract Manager or designee Date

APPROVED:

Contractual Authority Date

Pamela JW Jackson

Digitally signed by Pamela JW Jackson Date: 2020.04.29 12:36:02 -04'00'

James Parker

Digitally signed by James Parker Date: 2020.04.28 11:48:31 -04'00'

Robbie Parrish

Digitally signed by Robbie Parrish Date: 2020.04.28 14:31:41 -04'00' mailto:mmoore@alicoinc.com mailto:thughes@trenam.com

Funding Authority Date

Funding Information:

Org. Code E. O. Fund Object Code Budget Entity Module Special Category Project # Year Amount

37102400000 NE 348014 131545 37100400 n/a 084108 FF03020 19 $5,978.03 cc: Contracts Office (MS93)

Bureau of Finance & Accounting (MS75) 2 copies

29-Digit FLAIR Code: 37202348014371004000008410819

Performance Measure: DEP Contract Manager will review deliverable to ensure specifications were met.

Financial Consequences: DEP will not pay for unsatisfactory deliverables. Contractor shall be given the right to remedy at no cost to DEP.

Suzanne Lane

Digitally signed by Suzanne Lane Date: 2020.04.29 09:55:32 -04'00'

FLORIDA DEPARTMENT OF

Environmental Protection

Marjory Stoneman Douglas Building

3900 Commonwealth Boulevard Tallahassee, FL 32399

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Noah Valenstein Secretary

APPRAISAL MAP REVIEW MEMO

TO: Marjorie Karter, Program Consultant

Bureau of Real Estate Services

FROM: Steve Kellogg, PLSM Signature __ ________________ Bureau of Survey and Mapping (BSM) Date: November 7, 2019

PROJECT NAME: Devil’s Garden

OWNER'S NAME: Alico, Inc. Phase 1-B Central

PARCEL IDS: 1 31 45 04 A00 0001.0000, 1 31 45 05 A00 0001.0000, 1 31 45 06 A00 0001.0000, 1 31 45 07 A00 0001.0000, 1 31 45 08 A00 0001.0000, 1 31 45 09 A00 0001.0000, 1 31 45 16 A00 0001.0000, 1 31 45 17 A00 0001.0000, 1 31 45 20 A00 0001.0000, 1 31 45 21 A00 0001.0000, 1 31 45 28 A00 0001.0000, 1 31 45 29 A00 0001.0000, 1 31 45 32 A00 0001.0000, 1 31 45 33 A00 0001.0000

Sections 4, 5, 6, 7, 8, 9, 16, 17, 20, 21, 28, 29, 32 and 33, Township 45 South, Range 31 East, Hendry County

COMMENTS: The property is pasture, prairie and wetlands.

AREA: 6,845 acres +/- (4,336 acres uplands, 2,509 acres wetlands)

• This property does not appear to be water front.

• Title information dated September 5, 2019, revised October 23, 2019 has been reviewed.

• The property is accessed via County Road 832 (Keri Road), an improved public road.

• The legal description was derived from the title information and deeds from the Hendry County Public Records and is attached as Exhibit “A”.

• The boundaries, areas and wetlands were derived from the Florida Department of Revenue GIS Data and US Fish and Wildlife Service National Wetlands Inventory (NWI) Data.

The description, areas, boundary and encumbrances are subject to change with an accurate field survey and title insurance commitment.

kellogg_s New Stamp 4

Devil’s Garden Phase 1-B Central Alico, Inc.

Date: 11.06.2019

EXHIBIT “A”

In Township 45 South, Range 31 East, Hendry County, Florida:

All of Section 4, lying South of County Road 832 (Keri Road).

All of Section 5 lying South of County Road 832 (Keri Road), LESS AND EXCEPT the area around the Cell Tower Site described as the West 660 feet of the North 970 feet of said Section 5, to be more accurately described by a field survey.

All of Section 6 lying South of County Road 832 (Keri Road), LESS AND EXCEPT those lands described in OR Book 937, Page 1284, Public Records of Hendry County, Florida ALSO LESS AND EXCEPT the area around the Keri work center site, to be more accurately described by a field survey.

All of Section 7, LESS AND EXCEPT those lands described in OR Book 937, Page 1284, Public Records of Hendry County, Florida.

All of Section 8, LESS AND EXCEPT those lands described in OR Book 937, Page 1284, Public Records of Hendry County, Florida.

All of Sections 9, 16, 17, 20 and 21.

All of Section 28, LESS AND EXCEPT those lands described in OR Book 865, Page 1364, Public Records of Hendry County, Florida.

All of Section 29.

All of Section 32, LESS AND EXCEPT those lands described in OR Book 669, Page 1643, Public Records of Hendry County, Florida.

All of Section 33, LESS AND EXCEPT those lands described in OR Book 648, Page 1244, OR Book 669 1643 and OR Book 865, Page 1364, Public Records of Hendry County, Florida.

NOTE: This legal description is for appraisal purposes. There may be revisions based on a boundary survey and title insurance commitment of the property.

Devil's Garden – Phase 1B Central

Hendry County, Florida Document Path: W:\Counties_GIS\Hendry\Alico_Devils_Garden\Phase II\Alico_Devils_Garden_Phase_1_BC_Edits_Central.mxd

Date Saved: 11/6/2019 12:39:40 PM

Subject Parcel National Wetlands Inventory Devil's Garden Florida Forever BOT Project State Managed Conservation Lands Federal Managed Conservation Lands

0 1 20.5

Miles

Subject Parcel

File Location: \\FLDEP1\tech_cad\ Map Created By: GW Stelter

Data Sources:

1) Cadastral 2018 Data

2) National Wetlands Inventory

3) Florida Conservation Lands

4) Florida Forever BOT Project

5) NAVTEQ Roads

6) Bing Aerials

Okaloacoochee Slough

State Forest

Devil's Garden Florida Forever BOT Project

Owner: Alico, Inc.

Wetlands: 2,509 Acres Uplands: 4,336 Acres

Total: 6,845 Acres

Dinner Island Ranch Wildlife Management Area

Wetlands Reserve Program Easement #193

FLORIDA DEPARTMENT OF

Environmental Protection

Marjory Stoneman Douglas Building

3900 Commonwealth Boulevard Tallahassee, FL 32399

Ron DeSantis Governor

Jeanette Nuñez

Lt. Governor

Noah Valenstein Secretary

APPRAISAL MAP REVIEW MEMO

TO: Marjorie Karter, Program Consultant

Bureau of Real Estate Services

FROM: Steve Kellogg, PLSM Signature __ ________________ Bureau of Survey and Mapping (BSM) Date: November 7, 2019

PROJECT NAME: Devil’s Garden

OWNER'S NAME: Alico, Inc. Phase 1-B West

PARCEL IDS: 1 30 45 11 A00 0003.0000, 1 30 45 12 A00 0001.0000, 1 30 45 13 A00 0001.0000, 1 30 45 14 A00 0001.0000, 1 30 45 23 A00 0001.0000, 1 30 45 24 A00 0001.0000, 1 31 45 18 A00 0001.0000, 1 31 45 19 A00 0001.0000, 1 31 45 30 A00 0001.0000, 1 31 45 31 A00 0001.0000

Sections 11, 12, 13, 14, 23 and 24, Township 45 South, Range 30 East Sections 18, 19, 30 and 31, Township 45 South, Range 31 East, Hendry County

COMMENTS: The property is pasture, prairie and wetlands.

AREA: 3,839 acres +/- (2,497 acres uplands, 1,342 acres wetlands)

• This property does not appear to be water front.

• Title information dated September 5, 2019, revised October 23, 2019 has been reviewed.

• The property is accessed via County Road 832 (Keri Road), an improved public road.

• The legal description was derived from the title information and deeds from the Hendry County Public Records and is attached as Exhibit “A”.

• The boundaries, areas and wetlands were derived from the Florida Department of Revenue GIS Data and US Fish and Wildlife Service National Wetlands Inventory (NWI) Data.

The description, areas, boundary and encumbrances are subject to change with an accurate field survey and title insurance commitment.

kellogg_s New Stamp 4

Devil’s Garden Phase 1-B West Alico, Inc.

Date: 11.06.2019

EXHIBIT “A”

In Township 45 South, Range 30 East, Hendry County, Florida:

That part of Section 11, lying South of County Road 832 (Keri Road), LESS AND EXCEPT those lands described in OR Book 581, Page 445 and OR Book 937, Page 1284, Public Records of Hendry County, Florida.

All of Sections 12 and 13, LESS AND EXCEPT those lands described in OR Book 937, Page 1284, Public Records of Hendry County, Florida.

All of Sections 14 and 23, LESS AND EXCEPT those lands described in Official Records Book 581, Page 445, Public Records of Hendry County, Florida.

All of Section 24.

In Township 45 South, Range 31 East, Hendry County, Florida:

All of Section 18, LESS AND EXCEPT those lands described in OR Book 937, Page 1284, Public Records of Hendry County, Florida.

All of Section 19.

All of Section 30.

The East ½ of Section 31, LESS AND EXCEPT those lands described in OR Book 620, Page 1383, Public Records of Hendry County, Florida.

NOTE: This legal description is for appraisal purposes. There may be revisions based on a boundary survey and title insurance commitment of the property.

Devil's Garden – Phase 1B West

Hendry County, Florida Document Path: W:\Counties_GIS\Hendry\Alico_Devils_Garden\Phase II\Alico_Devils_Garden_Phase_1_BC_Edits_West.mxd

Date Saved: 11/6/2019 12:36:40 PM

Subject Parcel National Wetlands Inventory Devil's Garden Florida Forever BOT Project State Managed Conservation Lands Federal Managed Conservation Lands

0 1 20.5

Miles

Subject Parcel

File Location: \\FLDEP1\tech_cad\ Map Created By: GW Stelter

Data Sources:

1) Cadastral 2018 Data

2) National Wetlands Inventory

3) Florida Conservation Lands

4) Florida Forever BOT Project

5) NAVTEQ Roads

6) Bing Aerials

Okaloacoochee Slough

State Forest

Devil's Garden Florida Forever BOT Project

Owner: Alico, Inc.

Wetlands: 1,342 Acres Uplands: 2,497 Acres

Total: 3,839 Acres

Dinner Island Ranch Wildlife Management Area

Wetlands Reserve Program Easement #193

ATTACHMENT C

SCOPE OF SERVICES

ENVIRONMENTAL SITE ASSESSMENT SERVICES

The Contractor shall provide environmental site assessment (ESA) services, on a task assignment basis, for the Department.

These services may include, but not be limited to, the performance of all levels of environmental site assessments (i.e., Phase I, Phase II and updates) in compliance with the Division of State Lands' requirements (see Exhibits I, Ill, IV and V below);

summarizing recommendations and conclusions; preparing recommendations and conclusions; remediation coordination;

remediation activities; clerical staff assistance for environmental site assessment and related document processing, project assessment and remediation consultation.

All sampling and analyses performed under this Contract must conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and the Quality Assurance Requirements for Department Contracts (see Attachment G).

The Contractor shall also be involved in the preparation of scopes of services for tasks to be assigned by the Department, at no cost to the Department. This may include compilation of information and products, and research and office work necessary for identification of tasks.

No minimum amount of work is guaranteed under this Contract.

Additional Services

The Contractor may be requested to provide additional services related to an environmental site assessment or remediation services, as deemed necessary by the Department. In the event that such additional services are needed, and based on the availability of funding, the Contractor shall be shall be compensated at rates mutually acceptable to the Department and the Contractor, as evidenced by an executed Task Assignment Notification or Task Assignment Change Order Form

Cost Proposals

The Department may issue informal cost proposal requests to its environmental site assessment contractors for specific projects to be conducted under a task assignment, although final selection for task assignment award may not be based solely on price. All cost proposals prepared by the Contractor must be submitted to the Department on or before the date and time set for receiving cost proposals in order to be considered for task assignment award.

Performance Measures:

Deliverables reviewed to ensure compliance requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.)

and the Quality Assurance Requirements for Department Contracts (see Attachment G).

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

DEP Contract No. , Attachment C, Page 1 of 12

EXHIBIT I

STANDARDS FOR ENVIRONMENTAL SITE ASSESSMENT SERVICES

DIVISION OF STATE LANDS

INSTRUCTIONS FOR

ENVIRONMENTAL SITE ASSESSMENTS

SCOPE OF SERVICES REQUIRED IN PERFORMING THE PHASE I ENVIRONMENTAL SITE ASSESSMENT

(PHASE I ESA)

The environmental site assessment of the property (Property) to be acquired by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Board of Trustees) must meet the requirements of the Florida Department of Environmental Protection, Division of State Lands (DSL), Bureau of Land Acquisition (BLA). For purposes of performing the environmental site assessment, the term "hazardous materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is designated pursuant to and/or regulated by any environmental law. The term "environmental law" shall mean any and all applicable federal, state, tribal or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials. In addition, the Contractor must comply with the most current American Society of Testing and Materials (ASTM) E 1527 standard. If the DSL standards and ASTM requirements for Phase I ESAs conflict, then the Contractor must perform to the more stringent of the requirements. Specifically, the Contractor must adhere to the current scope and limitations of ASTM Designation: E 1527-05;

Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.

The DSL required components and scope of the environmental site assessment beyond the above are as follows:

1. Requests for deviation from the DSL requirements as set forth must be approved in writing by the Division of State Lands prior to the issuance of a Task Assignment.

2. Certify the environmental site assessment to the Board of Trustees of the Internal Improvement Trust fund of the State of Florida and any other parties requested by DSL. If the report is not certified to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and other requested parties, the product will not be accepted. The certification shall state the following: (a) the date the Task Assignment was signed by the Contractor (also insert a copy of the signed Task Assignment in the report following the certification page); (b) the date the Contractor began the work on the ESA; (c) the environmental site assessment meets the requirements of the Department of Environmental Protection, Division of State Lands, the current ASTM E 1527 standard, and therefore the federal Environmental Protection Agency's All Appropriate Inquiry Rule; (d) the accuracy, correctness and completeness of the environmental site assessment is provided with the knowledge of the ASTM; and (e) the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is entitled to rely on the information set forth in the environmental site assessment.

3. Determine if prior environmental site assessments have been done or any other environmental work and, if so, what it disclosed. Include all found information in the report as an Appendix for the independent review.

4. Contractor agrees to notify DSL immediately, or as soon as feasible, if any substantial problems of significant magnitude unfold or are discovered at any point during the Phase I ESA that impact the Subject Property.

5. Determine the potential existence of federal, state, tribal, and local environmental cleanup liens and Activity and Use Limitations (AUL) of enforcement actions against the Property. The Division of State Lands contracts with the Contractor to fulfill these obligations on behalf of the user( s )/DSL.

6. Identify adjoining property landowners.

7. Interview the applicable adjoining neighbors if it is determined by the Contractor that an adjoining landowner is involved in an industrial use (an activity requiring the application of labor and capital for the production or distribution of a product or

DEP Contract No. , Attachment C, Page 2 of 12 article, including, without limitation, manufacturing, processing, extraction, refining, warehousing, transportation, and utilities of hazardous substances or petroleum products), or if the adjoining site shows current or historical issues in the regulatory database search. Applicable sites would include gas stations; motor repair facilities; commercial printing facilities; dry cleaners; photo developing laboratories; junkyards or landfills; or waste treatment, storage, disposal, processing or recycling facilities. Interviewing residential neighbors is not necessary unless the Contractor has cause for concern.

8. Review and provide a summary of current and historical aerial photographs of the Property and surrounding area for an evaluation of prior and current use. Copies of the photography shall be placed in an appendix within the environmental site assessment for independent review.

9. Provide color photographs of the current site conditions in the ESA. All structures, wells, access roads and trail paths leading onto the Subject Property or impacting the Subject Property, areas of concern, items of concern (including trash sites, borrow pits, stressed vegetation and stained soil), business environmental risks, historical recognized environmental conditions, and recognized environmental conditions on the Property or impacting the Property shall be photographed.

Enough photographs should be taken to show a good representation of the entire site's conditions. If access is available inside of each structure(s), enough photographs should be taken to show a good representation of the internal portion of the structure{ s).

a. Include the corresponding Longitude and Latitude of each photograph, and an ArcGIS shapefile which also includes the latitudes and longitudes in the attribute table, in the ESA report for all indicated areas.

b. List manufacturer and model number of the GPS Unit used to collect data {i.e., Garmin GPS map 76).

10. Orient all photograph points on a site map to scale or current aerial photograph.

11. Estimate depth to groundwater and direction of groundwater flow.

12. List all data failures, as defined in the current ASTM E 1527 standard, and explain why they exist.

13. The environmental assessment report shall contain a discussion and evaluation of the relevance of all the components listed above and other findings of the ESA, along with definite conclusions and specific recommendations for further work the Contractor deems necessary as pertinent to the Subject Property.

14. Provide each report on double-sided pages.

15. Insert an aerial photograph or map of the entire Subject Property at the front of the report.

16. Provide a Table of Contents and page numbers in the ESA report.

17. Provide corresponding page numbers to the Contractor's Itemized Checklist (see Exhibit II), attached to the Task Assignment, and include a completed copy in the ESA.

18. Separate out appendices clearly in the report.

19. One (1) certified paper copy and four (4) certified CDs of the environmental site assessment shall be delivered to the DSL as set out below:

(DEP Contract Manager) Bureau of Land Acquisition Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 115 Tallahassee, Florida 32399

20. All professionals preparing or reviewing Environmental Site Assessments for the Division of State Lands are required to carry a minimum of $1,000,000 in professional liability insurance.

DEP Contract No. , Attachment C, Page 3 of 12

EXHIBIT II

CONTRACTOR'S ITEMIZED CHECKLIST

Phase I ESA {ASTM E 1527 and ASTM E 2247): Updated Phase I ESA (ASTM E 1527 and ASTM E 2247J

Directions: Please fill in each blank with the appropriate response. An appendix may be indicated instead of page numbe�s), if appropriate.

1) YES/NO Have any requests for deviation to the DSL Scope of Services been approved?

2) Page#

Certification to the Board of Trustees, with subsections a, b, c, d, and e.

3) Page# Determination of whether other or previous ESAs or environmental work has been performed at the Subject Property. If other ESAs or environmental work exists, state the Appendix in which copies of the previous ESAs or environmental work can be found in the report: Appendix

4) Page#

Determination of existing environmental liens and AULs on the Subject Property.

5) Page#

Adjoining property landowner identification.

6) YES/NO Were any adjoining landowners interviewed? If so, what page number can this information be found on in the report? Page # __

7) Page# Summary of current and historical aerial photographs.

8) Page# GPS points and GPS manufacturer and model.

9) Page#

Photograph points oriented on a site map to scale or current aerial photograph.

10) Page# Groundwater information.

11) Page# Data failure information.

12) Page# Discussion and evaluation of findings, conclusions and recommendations.

DEP Contract No. , Attachment C, Page 4 of 12

EXHIBIT Ill

DIVISION OF ST ATE LANDS

INSTRUCTIONS FOR

ENVIRONMENTAL SITE ASSESSMENTS

SCOPE OF SERVICES REQUIRED IN PERFORMING THE PHASE I ENVIRONMENTAL

SITE ASSESSMENT (ESA) FOR FORESTLAND OR RURAL PROPERTY

The environmental site assessment of the property (Property) to be acquired by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Board of Trustees) must meet the requirements of the Florida Department of Environmental Protection, Division of State Lands (DSL), Bureau of Land Acquisition (BLA). For purposes of performing the environmental site assessment, the term "hazardous materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is designated pursuant to and/or regulated by any environmental law. The term "environmental law" shall mean any and all applicable federal, state, tribal or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials. In addition, the Contractor must comply with the most current American Society of Testing and Materials (ASTM) E 2247 standard. If the DSL standards and ASTM requirements for Phase I ESAs conflict, then the Contractor must perform to the more stringent of the requirements. Please see Contractor's Itemized Checklist (see Exhibit I), attached to the Task Assignment. Specifically, the Contractor must adhere to the current scope and limitations of ASTM Designation: E 2247-08; Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process for Forestland or Rural Property.

The DSL required components and scope of the environmental site assessment beyond the above are as follows:

1. Requests for deviation from the DSL requirements as set forth must be approved in writing by the Division of State Lands prior to the issuance of a Task Assignment.

2. Certify the environmental site assessment to the Board of Trustees of the Internal Improvement Trust fund of the State of Florida and any other parties requested by DSL. If the report is not certified to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and other requested parties, the product will not be accepted. The certification shall state the following: (a) the date the Task Assignment was signed by the Contractor (also insert a copy of the signed Task Assignment in the report following the certification page); (b) the date the Contractor began the work on the ESA; (c) the environmental site assessment meets the requirements of the Department of Environmental Protection, Division of State Lands, the current ASTM E 2247 standard, and therefore the federal Environmental Protection Agency's All Appropriate Inquiry Rule; (d) the accuracy, correctness and completeness of the environmental site assessment is provided with the knowledge of the ASTM; and (e) the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is entitled to rely on the information set forth in the environmental site assessment.

3. Determine if prior environmental site assessments have been done or any other environmental work and, if so, what it disclosed. Include all found information in the report as an Appendix for the independent review.

4. Contractor agrees to notify DSL immediately, or as soon as feasible, if any substantial problems of significant magnitude unfold or are discovered at any point during the Phase I ESA that impact the Subject Property.

5. Determine the potential existence of federal, state, tribal, and local environmental cleanup liens and Activity and Use Limitations (AUL) of enforcement actions against the Property. The Division of State Lands contracts with the Contractor to fulfill these obligations on behalf of the user(s)/DSL.

6. Identify adjoining property landowners.

DEP Contract No , Attachment C, Page 5 of 12

7. Interview the applicable adjoining neighbors if it is determined by the Contractor that an adjoining landowner is involved in an industrial use (an activity requiring the application of labor and capital for the production or distribution of a product or article, including, without limitation, manufacturing, processing, extraction, refining, warehousing, transportation, and utilities of hazardous substances or petroleum products), or if the adjoining site shows current or historical issues in the regulatory database search. Applicable sites would include gas stations; motor repair facilities; commercial printing facilities; dry cleaners; photo developing laboratories; junkyards or landfills; or waste treatment, storage, disposal, processing or recycling facilities. Interviewing residential neighbors is not necessary unless the Contractor has cause for concern.

8. Review and provide a summary of current and historical aerial photographs of the Property and surrounding area for an evaluation of prior and current use. Copies of the photography shall be placed in an appendix within the environmental site assessment for independent review.

9. Provide color photographs of the current site conditions in the ESA. All structures, wells, access roads and trail paths leading onto the Subject Property or impacting the Subject Property, areas of concern, items of concern (including trash sites, borrow pits, stressed vegetation and stained soil), business environmental risks, historical recognized environmental conditions, and recognized environmental conditions on the Property or impacting the Property shall be photographed.

Enough photographs should be taken to show a good representation of the entire site's conditions. If access is available inside of each structure(s), enough photographs should be taken to show a good representation of the internal portion of the structure( s).

a. Include the corresponding Longitude and Latitude of each photograph, and an ArcGIS shapefile which also includes the latitudes and longitudes in the attribute table, in the ESA report for all indicated areas.

b. List manufacturer and model number of the GPS Unit used to collect data (i.e., Garmin GPS map 76).

10. Orient all photograph points on a site map to scale or current aerial photograph.

11. Estimate depth to groundwater and direction of groundwater flow.

12. List all data failures, as defined in the current ASTM E 2247 standard, and explain why they exist.

13. The environmental assessment report shall contain a discussion and evaluation of the relevance of all the components listed above and other findings of the ESA, along with definite conclusions and specific recommendations for further work the Contractor deems necessary as pertinent to the Subject Property.

14. Provide each report on double-sided pages.

15. Insert an aerial photograph or map of the entire Subject Property at the front of the report.

16. Provide a Table of Contents and page numbers in the ESA report.

17. Provide corresponding page numbers to the Contractor's Itemized Checklist (see Exhibit I), attached to the Task Assignment, and include a completed copy in the ESA.

18. Separate out appendices clearly in the report.

DEP Contract No. , Attachment C, Page 6 of 12

19. One (1) certified paper copy and four (4) certified CDs of the environmental site assessment shall be delivered to the DSL as set out below:

(DEP Contract Manager) Bureau of Land Acquisition Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 115 Tallahassee, Florida 32399

20. All professionals preparing or reviewing Environmental Site Assessments for the Division of State Lands are required to carry a minimum of $1,000,000 in professional liability insurance.

DEP Contract No. , Attachment C, Page 7 of 12

EXHIBIT IV

DIVISION OF ST ATE LANDS

INSTRUCTIONS FOR

UPDATED ENVIRONMENT AL SITE ASSESSMENTS

SCOPE OF SERVICES REQUIRED IN PERFORMING AN UPDATED

PHASE I (ASTM E 1527 or E 2247) ENVIRONMENTAL SITE ASSESSMENT (ESA)

The updated environmental site assessment of the property (Property) to be acquired by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Board of Trustees) must meet the requirements of the Florida Department of Environmental Protection, Division of State Lands (DSL), Bureau of Land Acquisition (BLA). For purposes of performing the environmental site assessment, the term "hazardous materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is designated pursuant to and/or regulated by any environmental law. The term "environmental law" shall mean any and all applicable federal, state, tribal or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning hazardous materials.

In addition, the Contractor must comply with the most current American Society of Testing and Materials (ASTM) E 1527 or current ASTM E 2247 standard, whichever is applicable to the update. If the DSL standards and ASTM requirements for Phase I ESAs conflict, then the Contractor must perform to the more stringent of the requirements. Please see the Contractor's Itemized Checklist which will be attached to the Task Assignment (see Exhibit 11). Specifically, the Contractor must adhere to the current scope and limitations of ASTM Designation: E 1527-05; Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, or ASTM Designation: E 2247-08, Standard Practice for Environmental Site Assessment Process for Forestland or Rural Property, whichever is applicable to the update.

The OSL required components and scope of the environmental site assessment beyond the above are as follows:

1. Requests for deviation from the DSL requirements as set forth must be approved in writing by the Division of State Lands prior to the issuance of a Task Assignment.

2. Certify the updated environmental site assessment to the Board of Trustees of the Internal Improvement Trust fund of the State of Florida and any other parties requested by OSL. If the updated ESA report is not certified to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and other requested parties, the product will not be accepted.

The certification shall state the following: (a) the date the Task Assignment was signed by the Contractor (also insert a copy of the signed Task Assignment in the report following the certification page); (b) the date the Contractor began the work on the updated ESA; (c} the updated environmental site assessment meets the requirements of the Department of Environmental Protection, Division of State Lands, the current ASTM standard, and therefore the federal Environmental Protection Agency's All Appropriate Inquiry Rule; (d) the accuracy, correctness and completeness of the updated environmental site assessment is provided with the knowledge of the ASTM; and (e) the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is entitled to rely on the information set forth in the updated environmental site assessment.

3. Determine if prior environmental site assessments have been done or any other environmental work and, if so, what it disclosed. Include all found information in the report as an Appendix for the independent review.

4. Contractor agrees to notify DSL immediately, or as soon as feasible, if any substantial problems of significant magnitude unfold or are discovered at any point during the Updated Phase I ESA that impact the Subject Property.

5. Determine the potential existence of federal, state, tribal, and local environmental cleanup liens and Activity and Use Limitations (AUL) of enforcement actions against the Property. The Division of State Lands contracts with the Contractor to fulfill these obligations on behalf of the user(s)/DSL.

DEP Contract No. , Attachment C, Page 8 of 12

6. Identify adjoining property landowners.

7. Interview the applicable adjoining neighbors if it is determined by the Contractor that an adjoining landowner is involved in an industrial use (an activity requiring the application of labor and capital for the production or distribution of a product or article, including, without limitation, manufacturing, processing, extraction, refining, warehousing, transportation, and utilities of hazardous substances or petroleum products), or if the adjoining site shows current or historical issues in the regulatory database search. Applicable sites would include gas stations; motor repair facilities; commercial printing facilities; dry cleaners; photo developing laboratories; junkyards or landfills; or waste treatment, storage, disposal, processing or recycling facilities. Interviewing residential neighbors is not necessary unless the Contractor has cause for concern.

8. Review and provide a summary of current and historical aerial photographs of the Property and surrounding area for an evaluation of prior and current use. Copies of the photography shall be placed in an appendix within the updated environmental site assessment for independent review.

9. Provide color photographs of the current site conditions in the updated ESA. All structures, wells, access roads and trail paths leading onto the Subject Property or impacting the Subject Property, areas of concern, items of concern (including trash sites, borrow pits, stressed vegetation and stained soil), business environmental risks, historical recognized

. environmental conditions, and recognized environmental conditions on the Property or impacting the Property shall be photographed. Enough photographs should be taken to show a good representation of the entire site's conditions. If access is available inside of each structure(s), enough photographs should be taken to show a good representation of the internal portion of the structure(s).

a. Include the corresponding Longitude and Latitude of each photograph, and an ArcGIS shapefile which also includes the latitudes and longitudes in the attribute table, in the updated ESA report for all indicated areas.

b. List manufacturer and model number of the GPS Unit used to collect data (i.e., Garmin GPS map 76).

10. Orient all photograph points on a site map to scale or current aerial photograph.

11. Estimate depth to groundwater and direction of groundwater flow.

12. List all data failures, as defined in the current ASTM standard, and explain why they exist.

13. The updated environmental assessment report shall contain a discussion and evaluation of the relevance of all the components listed above and other findings of the updated ESA, along with definite conclusions and specific recommendations for further work the Contractor deems necessary as pertinent to the Subject Property.

14. Provide each report on double-sided pages.

15. Insert an aerial photograph or map of the entire Subject Property at the front of the report.

16. Provide a Table of Contents and page numbers in the updated ESA report.

17. Provide corresponding page numbers to the Contractor's Itemized Checklist (see Exhibit II), attached to the Task Assignment, and include a completed copy in the updated ESA.

18. Separate out appendices clearly in the report.

DEP Contract No. , Attachment C, Page 9 of 12

19. One (1) certified paper copy and four (4) certified CDs of the updated environmental site assessment shall be delivered to the DSL as set out below:

(DEP Contract Manager) Bureau of Land Acquisition Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 115 Tallahassee, Florida 32399

20. All professionals preparing or reviewing Environmental Site Assessments for the Division of State Lands are required to carry a minimum of $1,000,000 in professional liability insurance.

DEP Contract No. , Attachment C, Page 10 of 12

EXHIBIT V

DIVISION OF ST ATE LANDS

INSTRUCTIONS FOR

PHASE II ENVIRONMENT AL SITE ASSESSMENTS

STANDARDS FOR CONDUCTING PHASE II ENVIRONMENTAL SITE ASSESSMENT (PHASE II ESA)

1. Certify the Phase II environmental site assessment to the Board of Trustees of the Internal Improvement Trust fund of the State of Florida and any other parties requested by DSL. If the report is not certified to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and other requested parties, the product will not be accepted. The certification shall state the following: (a) the date the Task Assignment was signed by the Contractor and the due date (also insert a copy of the signed Task Assignment in the report following the certification page); (b) the Phase II environmental site assessment meets the requirements of the Department of Environmental Protection, Division of State Lands; (c) the accuracy, correctness and completeness of the Phase II environmental site assessment is provided with the knowledge of the Comprehensive Environmental Response Compensation And Liability Act as set forth in 42 U.S.C. Section 9601 et seq., as amended ("CERCLA"); and (d) the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida is entitled to rely on the information set forth in the Phase II environmental site assessment.

2. Requests for deviation from the DSL requirements as set forth must be approved in writing by the Division of State Lands prior to the issuance of a Task Assignment.

3. Contractor agrees to notify DSL immediately, or as soon as feasible, a) if any substantial problems of significant magnitude unfold or are discovered at any point during the Phase II ESA that impact the Subject Property, or b) if any new Recognized Environmental Conditions (RECs) that were not listed as an REC in the corresponding Phase I ESA are discovered during the course of the Phase II ESA.

4. Contractor agrees to communicate to DSL, by email and/or telephone, all of the data results once received from the laboratory prior to submittal of the written report.

5. Provide color photographs of the Phase II ESA work and any onsite conditions that may have changed since the Phase I ESA that may be of concern. Enough photographs should be taken to show a good representation of the site's RECs that are associated with the Phase II ESA.

a) Orient all photographs on a site map to scale or current aerial photograph.

6. Provide correlating GPS points for all existing wells, sample points, monitor wells, and newly discovered recognized environmental conditions, items of concern or business environmental risks.

a) Orient GPS points on a site map to scale or current aerial photograph.

7. All Phase II environmental site assessments shall be approved and certified by a professional engineer or professional geologist licensed by the State of Florida.

8. Submit a written report which shall include a description of the RECs identified in the Phase I ESA (any any other RECs identified during the course of the Phase II ESA), the correlating work performed; observations; all back up documentation including, but not limited to, the results of the laboratory analysis, waste manifests, receipts and chain of custody documentation; monitoring well construction data; findings; conclusions, and specific recommendations based on the conditions encountered during the assessment..

9. Provide each report on double-sided pages.

10. Insert an aerial photograph or map of the entire Subject Property at the front of the report.

11. Separate out appendices clearly in the report.

DEP Contract No. , Attachment C, Page 11 of 12

12. One (1) certified paper copy and four (4) certified CDs of the Phase II environmental site assessment shall be delivered to the DSL as set out below:

(DEP Contract Manager) Bureau of Land Acquisition Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 115 Tallahassee, Florida 32399

DEP Contract No. , Attachment C, Page 12 of 12