FINAL ORDER NO. LW-20-001

STATE OF FLORIDA

LAND AND WATER ADJUDICATORY COMMISSION

DEPARTMENT OF ECONOMIC OPPORTUNITY,

Petitioner,

v. FLWAC Case No.: APP-14-001

DOAH Case No.: 15-0704

LAKE COUNTY, FLORIDA, and RUBIN GROVES OF CLERMONT, LLC,

________R_es_pon_de_nts_. /

FINAL ORDER OF DISMISSAL

This cause came before the Secretary of the Florida Land and Water Adjudicatory Commission (Commission) upon the "Notice of Dismissal Without Prejudice" filed by the Department of Economic Opportunity (Department) on August 21, 2020. The Department's Notice of Dismissal Without Prejudice represents that the parties executed a Settlement Agreement on January 4, 2019. The Settlement Agreement required the completion of certain conditions prior to the Department filing a notice of dismissal in the subject matter. The required conditions were satisfactorily met and, in accordance with the Settlement Agreement, the Department filed the Notice of Dismissal Without Prejudice with the Secretary of the Commission. It should be noted that the Settlement Agreement also requires continuing obligations to annually provide certain groundwater monitoring reports to the Department until three years after the last platted lot is sold. The Department will continue to monitor Rubin Groves' compliance with the terms of the Settlement Agreement and, consistent with the

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Filed August 25, 2020 3:07 PM Division of Administrative Hearings

Settlement Agreement, the dismissal of the case without prejudice will not impair the rights of the parties to enforce the terms of the Settlement Agreement. A copy of the Department's Notice of Dismissal Without Prejudice, to include the Settlement Agreement, is attached and incorporated herein as "Exhibit A."

IT IS ORDERED that the above-referenced proceeding is hereby dismissed.

NOTICE OF RIGHTS

Any party to this Order has the right to seek judicial review of the Final Order pursuant to section 120.68, Florida Statutes, by filing a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Commission, Office of Policy and Budget, Executive Office of the Governor, The Capitol, Room 1802, Tallahassee, Florida 32399-0001; and by filing a copy of the Notice of Appeal, accompanied by the applicable filing fees, with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days of the day this Order is filed with the Clerk of th:, mission.

DONE AND ORDERED this day of August, 2020.

CHRIS SPENCER, Policy Director Office of Policy and Budget Interim Secretary, Florida Land and Water Adjudicatory Commission

i:1\ r::- LED with the Clerk of the Florida Land and Water Adjudicatory Commission this

c:_,10 _ day of August, 2020.

  / !erk,

Adjudic y

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was deli to the following persons by United States mail, hand-delivery or electronic mail this j.5 day of August,

Clerk, Florida L e Adjudicatory Commission

2020.

Honorable Ron DeSantis Governor

The Capitol

Tallahassee, Florida 32399

Honorable Ashley Moody Attorney General

The Capitol

Tallahassee, Florida 32399

James Uthmeier, Esquire Governor's Legal Office Room 209, The Capitol Tallahassee, Florida 32399

Honorable Bram D. E. Canter Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

. Tallahassee, Florida 32399-3060

Honorable Jimmy Patronis Chief Financial Officer The Capitol

Tallahassee, Florida 32399

Honorable Nikki Fried Commissioner of Agriculture The Capitol

Tallahassee, Florida 32399

Jon Morris, Assistant General Counsel Department of Economic Opportunity Caldwell Building, MSC 110

107 East Madison Street Tallahassee, Florida 32399-4128

Ken Lawson, Executive Director Department of Economic Opportunity Caldwell Building

107 East Madison Street Tallahassee, FL 32399-4128

Jimmy D. Crawford, Esquire Crawford, Modica and Holt Chartered Attorneys at Law 702 W. Montrose Street Clermont, Florida 34711

Honorable Leslie Campione, Chair

Lake County Board of County Commissioners 315 West Main Street

Tavares, Florida 32778

Melanie N. Marsh, County Attorney Lake County

315 West Main Street Suite 335

Tavares, Florida 32778

Rubin Groves of Clermont, LLC 4600 Lyons Road

Lake Worth, Florida 33467

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Keith Austin, Esquire Registered Agent for

Rubin Groves of Clermont, LLC 223 Peruvian Avenue

Palm Beach, Florida 33480

East Central Florida Regional Planning Council 309 Cranes Roost Boulevard

Suite 2000

Altamonte Springs, Florida 32701

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EXHIBIT A

STATE OF FLORIDA

FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY,

Petitioner ,

vs. DOAH Case No. 15-0704

FLAWAC Case No.: APP 14-001

LAKE COUNTY, FL, and

RUBIN GROVES OF CLERMONT, LLC,

Respondents.

                                                                    I

NOTICE OF DISMISSAL WITHOUT PREJUDICE

Petitioner, Florida Department of Economic Opportunity (DEO), by and through the undersigned counsel hereby files the following Notice of Voluntary Dismissal Without Prejudice.

1. This case involves a development order, approved by the Lake County Board of County Commissioners ("County") through Ordinance 2014-7 ("Development Order"), which approved Rubin Groves of Clermont, LLC (Rubin Groves), proposed development of a residential subdivision in the Green Swamp Area of Critical State Concern.

2. DEO challenged the Development Order by filing its Petition with the Florida Land and Water Adjudicatory Commission (FLAWAC) on March 31, 2014.

3. DEO challenged the Development Order on two grounds: first, that it was inconsistent with the County's Comprehensive Plan; and second, that it was inconsistent with the Principles for Guiding Development in the Green Swamp Area of Critical State Concern, set forth in Rule 28-26.003, Florida Administrative Code.

4. The case was referred to the Division of Administrative Hearings and assigned Case No.

   
   

   15-0704. The case was heard before Administrative Law Judge Bram D. E. Canter, who issued a Recommended Order on August 21, 2015.

5. The ALJ recommended that FLWAC issue an order determining that the Development Order is invalid because it is inconsistent with the Lake County Comprehensive Plan. The ALJ concluded the DEO did not meet its burden of proof to prove the Development Order was inconsistent with the Principles for Guiding Development.

6. The parties to this case filed a request that the case be placed in abeyance while a settlement was negotiated.

7. The parties executed a Settlement Agreement, attached hereto as Exhibit "1", by execution ofDEO as the last party to sign on January 4, 2019.

8. Pursuant to Section I.A.3. of the Settlement Agreement, if the conditions in paragraph

   
   

   I.A.2. are met, DEO will file a Motion for Voluntary Dismissal Without Prejudice with FLWAC.

9. On or about February 14, 2020, and by supplemental response on May 13, 2020, Rubin Groves submitted to the DEO information to support the completion of the activities set forth in paragraph I.A.2., which are the requirements to move for dismissal without prejudice of this action.

10. DEO has reviewed Rubin Grove's submission and has found Rubin Groves to be in compliance with the terms of paragraph I.A.2.

11. The Settlement Agreement contains continuing obligations to provide certain groundwater monitoring reports annually until three years after the last platted lot is sold. Rubin Groves

    has provided assurances to DEO that it will continue to provide said reports in the future and continue to honor its obligations under the Settlement Agreement.

12. DEO will continue to monitor Rubin Groves compliance with the terms of the Settlement Agreement, and pursuant to Section II.2., dismissal of the case without prejudice shall not impair the rights of the parties to enforce the terms of the Settlement Agreement. WHEREFORE, for the foregoing reasons, Petitioner, Department of Economic

Opportunity dismisses this action without prejudice.

Respectfully submitted this 21,,,._ day of August 2020.

eneral Counsel No. 113037

Depart1 nt of Economic Opportunity 107 E Madison Street, MSC 110

a ahassee, FL 32399-4128 Telephone: 850-245-7156

Email: Jon.Morris@deo.myflorida.com DEO.eservice@deo.myflorida.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the undersigned has served a true and correct copy of the foregoing to the following individuals in the manner indicated below, this LJ t' day of August, 2020.

General Counsel rNo: 113037

epartment of Economic Opportunity adison Street, MSC 110

e, FL 32399-4128

Copies to:

Jimmy D. Crawford, Esq. Crawford, Modica & Holt Chartered Attorneys at Law 702 W. Montrose Street Clermont, FL 34711

Tel. No. 352-432-8644

Fax No. 352-432-8699

jcrawford@cmhlawyers.com

Melanie Marsh, Esq.

County Attorney, Lake County, FL

P.O. Box 7800

315 W. Main St., Ste 335,

Tavares, FL 32778

Tel. No. 352-343-9787

Fax No. 352-343-9646

mmarsh@lakecountyfl.gov

SETl'LEMJNT AfiBIEMENI

This Sattlem.cnt Agreement (hereinafter "Agreement"), is entered in.to and effective as of the date last executed below (hereinafter "Effective Date"), by and between, the Florida Department of Economic Opportunity (hereJnafter "DBO'? Rubin Groves of Clennont, LLC (hcnina.ftm' "Rubin Oroves"), and Lake County, Florida (hereinafter "Lake County"),

Wbenu, DBO filod a challenge, FLWAC Case No. APP-14-001 and DOAH Case No. 15-0704 (hereinafter•'Challengej,to Lake County's approval ofa Development Order, Ordinance 2014-7 (hereinafter "Ordinance''• attached hereto as Exhibit A. allowing Rubin Oroves to remove sand from its 131-acre property located in Lala, County (hereinafter "Subject Property"); and

Wh.ereu, the oue was referred to the Division of Admin.iatrative Hearings (hereinafter "DOAH"), and a fonna1 baaing was conducted. The Admfnis-tive Law Iudge (hereJnafter "AIJ', issued a rocommended order finding the Ordinance invalid because it is incODSlstont with County's Comprehensive Plan, and the case was tharoafter referred to the Florida Land and

Water Acljudicatory Commission ClfLWAC") for issuance of a final order; and

Whereas, DBO, Rubin Oroves, and Lake County (each a "Party" and collectively •'the Parties") desire to settle all claims, disputes, charges. and causes of action that exist or ma.y exist botwecn them regarding the challenge in order to avoid the cost and distraction of further litigation; and

NOW, THEREFORE, in exchange for the mutual covmumta herein, and other good and valuable COJ1Bideration, the receipt and suffloienay of which is hereby acknowledged, the Parties agree, as follows:

1. Propoaed PUD Amendment

Rubin Groves shall, within 60 days of the Effective Date of this Agreement, apply for an amendment to Ordinance 2014-7 ("PUD Amendmenf')t to amend the bonding provisions to (1) require a site worl<. reclamation bond, and (2) require perfonnance and payment bonds for 1he construction of the subdivision improvements by phase when construction of tho subdivision begins.

A. Approval of Applieatlon for Amendment of Planned Unit Developm.ent (PUD)

Jfthe Lake County Board of County Commisslonors approves the PUD Amendment, then tho following conditions shall take effeat as of the date the PUD Amendment is oxocuted:

1. Rubin Groves shall begin the following testing within 30 days of 1he effective date of the PUD Amendment and complete the following testing and mapping within 90 days of the effectl.ve

   -date of the PUD Amendment:

   
   

   1. Drill a total of three deep Standard Penetration Test ('1SPT'') borings into

      the Floridan aquifer and Jnstall 4-inch monitor wells with screens in the limestone and groutad to

      
      

      surface with neatoarumt on theSubject Property. Tho doep SPT and monitoring WDlls shall extend to a depth of 1SO feet or at least 10 feat into a compctc.nt limestone uniL Tho deep monitoring wells r'DMW") shall be daveloped to allow water level meaauremont and water quality sampling. Two of the DMWs shall be located in the south.west and northeast comers of the Subject Property,

      and the centrally located DMW may be abandoned prior to starting tho maas grading operations. Bach DMW ahall be suitable for the Ground Wat« Monitoring Plan, attached hereto u Julbit

      I. and aasess the impacts of tho removal of soil and development on the Subject Property, The

      specifications for the DMWs aro attached hereto as Emlblt C.

      b, Collect, bag. and label drill cutdnga every five fec,t from the borings and wella required inparagraph A,I,a. The cuttinp shall be sent to the Florida Geological Survey for evaluation to determine the preaenoe of a confining or semi-confining layer above the Floridan aquifer and for permanent arohiving in tho State's geologic sample repository.

      
      

      o. Drill a total of 15 shallow SPT borings and Install 15 plezometcra (2-inoh diameter cuing) to depths of 40 to SO feet with screen Intervals &tarting approximately five feet above the water table and extending to the bottom of the piezomet.era at approximately 10 feet below 1he water table on du, Subjeot Property. The solid casing above, the screened intervals to ground surface shall bo grout acaled. Rubin Groves shall also develop each piezomoter to clear sediment and drilling mud, allow the pio:r.ometers to stabili7.e for a minimum of24 houn, and then moaaure tho groundwater levels. The groundwater levels shall be measured overy three (3) days for a period of three (3) weeb in both the DMWs and the 15 piezometm, The location of the shallow piezomo1ers are shown on the figure attached hereto a.• 'fjplblt C.

      d. Swvey the looation and elevation of each of the monitoring wells and piezorneten, including ground surface and top of cuing. Provide the survey 1o 1he DBO within 90 days of the Effective DD of the PUD Amendment,

      1. Use the collooted data to provide the DBO with the following:

         
         

         1. Mmsurement of groundwater level& for a period of three weeks and calculation of a median groundwa11ll' elevation for each piemmeter and DMW location.

      il. Comparison of groundwater levels betweon each DMW and its acijacent pim.ometer over the three wcc,k period 1o dot.ermine 1hc degree of hydraulic communication betwmi the Floridan aquifer 111d the water table, A groundwa1er contour map shall be created based on the piezometer data and interpolate between the data points using the Krlaing iDmrpolation approach. The gromidwater contour map shall be signed and sealed attesting to its accuracy by a Professional Engineer or Professional Geologist licensed in1he State of Florida. The complad groundwater contour map shall be provided to the DEO and the Florida Geological Survey within 90 daya of tho Effective Date of the PUD Ammdment.

      ill. A "'buff.or zone" contour map, which shall uniformly follow the

      surflclal groundwatm elevation contours but at 14 feet higher in

      
      

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      Dlevation. The contours shall be created uaing 1ho Kriglng mrpolation approach. The complc,ted "buffer mnt/J contour map

      .shall bo provided to the DBO and the Florida Geologic Survey within 90 daya of the Effective Date of tho PUD Amcndmont.

      
      

      1. Sample and teat two of tho DMWs and 1hree of the shallow pJezometms utilizing industry standard sampling and teBting measures fur the indicator parameters speclfted In the Ground Watm' Monitoring Plan attached hereto as Emlblt B. The data will be for background 188C8sment of water quality mid ii intended to be used for adaptive managcmont actions to be takm after development of the site, if needed, and to maintain or hnprove water-quality and aquifer recharge rates after development, It will not be used for enforcement or to evaluate suitability of the site for mass grading plan approval,

         
         

      2. Rubin Groves is not required to perform any tcating or analysis to address DEO•s ooncema in the challenge, except as expressly set fi>rth in this Agreement, and as reaaonably necessary to complete tho grading. testing. or analysis exprculy set forth in this Asn,mnent.

      
      

2. In order for Rubin Groves to proceed wl1h grading and oonstruction pursuant 1D the

   Ordinance and this Agteemant, the following conditions must be met:

   
   

   1. Rubin Groves shall complete all requirements of Paragraph A.1;

   2. The proposed final elevation throughout the area of proposed grading must be 142' (142 feet) above National Oeodetio Vertical Datum (NOVD), or higher, except thlt drainage system or stormwater treat:mmt areas, as rcvie\Wd and approved by Lake County, may have a lower elevation. but In no case ahall ftlll below 137' (137 feet) above NGVD1 provided die applicant demonstratm:

      1. The, lowest elevation is at least 14t (14 feet) above the measured au:rfioial groundwater elevation 'throughout the drainage system or stonnwater treatment area, and

      2. The t.otal combined surf.ace area of all drainage system or stormwater

         1reatmcnt on the Subject Property does not oxcecd 15 acres;

         c, The resultB of the testing and contour mapping described in paragraph A.1 must indicate that a fixed buffer zone of 141 (14 feet) exists above the measured surficial groundwater elevation at the proposed final elevation in the area of proposed grading.

         
         

3. If 1he conditions in paragraph A.2. are met, the DBO will file a Motion far Voluntary Dismissal without Prejudioc with FLWAC.

   
   

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4. li'fhe conditions in parasraph A.2. arenm met:

L The Parties may continue t.o pursue the Challenge at FLWAC within seven

(7) days after providing written notice to the Parties; or

b. Rubin Groves may raise the proposed final elevation to 11 height that complies with all of tho conditions in paragraph A:J..

S. Rubin Groves must commence oonstructlon of the approved development, as outlined in Section 1.A., and 1.C-0. of the Ordinance, within three (3) years of the Effective Date of this Agreement.

1. Following grading and oonstruction pursuant t.o the Ordinance and this Agreement, actual excavation may not penetrate deeper than 1he higher of 142' (142 feet) NGVD or 14' (14 feet) above the moasurod surfloial. groundwater elevation throughout the graded area, except that drainage system or st.ormwat.er treaunmt areas, as reviewed and approved by Lake County, may have a lower elevation, but inno case shall fall below 137' (137 fem) above NOVD, provided the requirements of paragraph 2 are met. The requirod measure of a fixed buffer thickness of 14• (14 feet) to the measured groundwater elevation 11CCOunts for long-term seasonal fluctuation and for the capillary fringe buffer zone above the groundwater love!.

   
   

2. Rubin Groves shall follow all applioable State laws and Lake Comity requirements, including, but not limited to, the Comprehensive Plan and Land Developrnant R.cgulations. Rubin Groves must apply for and begranted all applicable State and Lake County approvals and permits, and in doing so, make all of the conditions in this Agreement a necessary part of all said approvals and permits.

   
   

3. If tho grading and construction penetrates deeper than as provided herein, or the required perm.itB do not contain all conditions of this Agreement, this shall constitute a breach of this Agreement, and the DEO may pUl'Bue all rights and remedies available to it. For avi;,ldance of doubt, Rubin Groves me.y choose to grade to any elevation higher than the maximmn depth described above.

4. Within one (1) year of the approval of the PUD Amendment by the Board of County Commissioners, Lake Cowtty shall propose and recommend adoption to the Lake County Board of County Commissioners the amendmcmt to the Lab County Comprehensive Plan as follows:

The definition of "Mining Activities" in the Lake County Comprehensive Plan shall be mnended

to read:

The mining of mamrlals, ore or other naturally occurring materials from the earth by whatever method. including the removal of overburden for the purpose of extracting and removing from the site such underlying deposits and all associated clearing, grading, construction, processing. transportation and reclamation on the property, including the removal of greater than two hundred (200) percent of the minimum stormwater rct"cntion/detentfonvolume required under a Development Order, and including pre-mining

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activities and lake creation but not including activities associated with site surveyin& environmantal monitoring, mineral exploration or the sinking or operation of test wells and similar activities.

B. Denhd of Applieation for Amendment to PUD

In the event the Lake County Board of County Commissioners does not approve the PUD Amendment, or the PUD Amendment otherwise does not become effective, the County shall (1) begin proceedings to administratively revoke Ordinance 2014-7, and the Subject Property shall

revert to Its previously effective zonins, (2) the Parties shall jointl:y file a Motion for Voluntary

Dismissal ofFLWAC Case No. APP-14-001 and DOAH Case No. 1S-0704 u moot, since the subject of those cases. Ordinance 2014-7, has been revoked, and (3) the DEO shall have no further obligations or leSJ>OnBlbilities 88 it relatoa to its challmge of Ordinance 2014.7. Rubin Groves shall execute any documents required by the County to move forward with the revocation of Ordinance 2014-7. In the event Ordinance 2014-7 Is administratively revoked, Rubin Groves hereby acknowledges that it has voluntarily agreed for the Subject Property to be returned to its previously effective zonln& thereby waiving any rights to assert any claims for damages, attorney's fees, or costs, against Lake County or the DBO, includius but not limit.ed to claims for eminent domain, invme condemnation or pursuant to Chapter 70, Florida Statutes.

Il. General Provlllom

1, Non-JUnding Agreement. The DEO entered into 1his Agreement due to the unique facts and oircumstancas of the above-described dispute. Nothing In this Agreement shall be construed as binding upon the future dctcnninations, decisions, or actions of the DEO, This Agreement shall be afforded no prccedential value in any future proc«-,,cJing or matter. Further, nothing herein shall be construed as a waiver of any future rights or privileges of the DEO that ere not directly related to the facts and circumstances upon which this Agreement is premised.

2. Complete Settlement and General Release of Claims. If a Motion for Voluntary Dismissal is granted by FLWAC pursuant to either section A.3. or B, above, then the tmns of this Agreement constitum a complete release and discharge of any claim for reliet including, but not limited to, all damages, attorney's fees, costs or expenses of any kind, or other monies to which the Parties may claim to be entitled to pursuant 1X> the DBO's Challenge. This Agreement is Intended as the full and complete settlement oftheclaims raised or that mayhave been raised by the Parties against each other. Nothing in this paragraph shall impair the rights of the Parties to enforce the terms of this Agreemont.

3, Waiver ofAttomcys' Foos and Costs. The Parties shall bear their own oosts, expenses, and attorneys' feca. Any compensation described hcn,in includes the Parties agreement, if any, with regard to attorneys' fees. The Parties waive any claim or entitlement to attorneys• fees or oosts othor than 88 set forth herein and agree that no Party, nor anyone acting on their behalf, will petition any court of competent jurisdiction for an award of attorneys' fees or costs relating to any ofth.c actions or potential actions desoribed in this Agreement.

4. No ,Admhudon of Llabillty. The Parties have entered into this Agreement in order to avoid

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tho substantial costs, rilb, uncertainties, and mconvenience of litiption reprding tho challenged dovolopment ordor. The Parties understand and agn,e that nothing contained in this Asremnent shall be considered an admission of llabillty or fault and any such liability or fault Is expressly denied.

s. No Effect on Public Recorda Law, Any Party may be required t.o diaclosc this Asreement pursuant to a request made under Chapter 119, Florida Statutes.

6. Entire Agreement, This Agreement constitutes tho entire Agreement belwecm tho Parties, and there are no other agroonum_ta, oral or written, between or among them n,Iated to any mattc,n covered by this Agreemmrt. The only CODl!lideratlon for execution of this Agrecmant is that which is stated in this Agream.ent, and there are no promiaes or agroemonts of any other kind which have caused the Parties to execute thls Agreement. No Party has relied on BDY statements or representations by the other Party nor tho Parties' agents or representatives concerning tho matters addressed in this Ap,ement. The Parties fully understand the meaning and intent of this Agn,mnent, including, but not limi t.o1 its final and binding effect. This Agreement supersedes any and all prior or contemporaneous agreement&, written or oral, or any othor understandings'that may have existed or currently exist between the Parties, and which are related to the aamo subject maum as described in th.is Agreement.

7, Modification. This Agreement may not be modified, altered, or ohanged except upon express n arrumdment c,xc,cuted by authorized representatives of1hc, Parties, wherein specific reference is made to this Agreement.

1. Am>licablc, Law and Jurisdiction, The laws of the State of Florida shall govern tho conatruation, enforcement, and intcrpnation of this Agreement, rogardlcu of amt without refmenco to whetha: any applicable conflicts of lawa or principles may point to the application of the Jaws of another jurisdiction. The Partiea hereby agree that tho oxclusive personal jurisdiction and venue to resolve any and all disputes between them including. without limitation, any disputes arising out of or relating to this Agn,emmt shall bo in the stato courts of the State of Florida in the County of Leon. The Parties expressly oonaent to the exclusive personal jurisdiction and vanue in any 81ate court located in Leon County, Florida, and waive any dc:fmse of fonun non convcniens, lack of personal jmisdic:m or like defense. IN ANY LEGAL OR EQUITABLE ACTION BETWBBN mB PAR.TIES ARISING FR.OM 11{(8 AOREBMENT, THB PARTIES HEREBY EXPRESSLY WAIVE TRIAL BY JURY TO THE FULLEST BXTBNT PBRMJSSmLB BY LAW.

2. Successo Tho rights and obligations of the Parties under this Agreement shall inure to tho benefit of and shall be binding upon their respective sucoeasors and assigns, and the Parties consent to enforcement of any covenants In this Agreement by any such succcsl!IOr or uaign.

10, Third Party Bme:fioiaries. The provisions of this Agreement aro expressly intonded to be fur the benefit of the Parties, and no third party beneficiaries are Intended or contomplated by the Parties in entering into1his Agreement.

1. Severabillty. If any provision ln this Agreement is not in compli11110e with Florida law, or

   
   

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   any provision is held to be invalid, illegal, or unenforceable, either legislatively or judicially, suob provision will be severed from the Agreement, and the remainder of this Agreement will continue to be valid and enforceable unloss such determination of invalidity shall deprive a Party of the substantial benefit of i1B bargain.

   
   

2. Parties Have Read and Understand the Agreement. The tenns in this Agreement arc the product of umsMlangth negotiations. Tho Parties have carefully read and fully understand all of the provisions of this Agreement and that they are knowingly and voluntarily entering Jnto t.bis Agroemmrt. Bach Party declares that it has been represented by counsel in the negotiation, execution, and dolivery of this Agreement and that it executes this Agreement voluntarily after consultation with counsel. Bach Party participated in the drafting of this Agftlmnant. In the event of any ambiguity, tho Parties agree that it shall not be construed against any one Party.

   
   

3. Captions and Headhuzs. Tho captions and headings, to the extent used in this Agreement, are for reference purposos only and shall not be taken into account in construing or interpreting th.is Agreement

14, Exhibits: the following exhibits are a1tached hereto and incorporated Into this Agreement

by reference:

L JJblbitA: Ordinance 2014-7.

h. Exhibit B: Ground Water Monitoring Plan.

o. Exhibit C: Graphic depiction of the location of the proposed shaliow pim.ometers and the deep monitoring wells.

1S. Countetparts. This Agreement may be executed in multiple counterparts and all such counterparts shall be considered one document.

16. Bffective Da. Tho Effeetive Date of this Agreement is 1he day the last party hereto

ex:eoutm 11u, documc:mt.

[Slpatnre pagea to follow]

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Settlement Agreement between Department of Eeonomie Opportunity, Rubin Groves of Clermont, LLC and Lake County

IN WITNESS WBEBEOJI', by signature below, tho Parties agree to abide by the terms conditions, and provisions of this Agreement.

"f MaIT OF ECONOMIC OPPORTUNTIY

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Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties.

OFFICE OF GENERAL COUNSEL

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Settlement Agreement between Department of Eeonomle Opportunity, Rubin Grov111 of Clerm.oat, LLC and Lake County

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Settlement Agreement between Department of Economic Opportunity, Rubin Groves of Clermont, LLC and Lake County

A'ITEST:

BOARD OF COUNTY COMMISSIONERS

»-

OF LAKE COUNTY, FLORIDA

===== ::;:t;4

::::::::::::: :

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£'tin

Board o . ers of Lake· unty, Florida

        e amp1one,                          

Thisc:2,0 day of l} &lu>z.,. ,2018.

Approved as to fonn and legality:

Melanie Mars. h .;

County Attorney

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S:\DOCUMl!NT\201I\Ll110A1'10N\DEO w Rubin OroWIIofCltrlnont, LLC\llubln 0!0"8 pn,palCd Nttlemmll lllllllll. D. ll _c:lnll.dac1t

JMSTROMIN!f:2014016801 OR BK 44•0 PQ 1152 PAGl!IS: 10 2/13/2014 10:10:37 AM

lQ:CL JCILLY, L1'U CotJN'l'Y CLIIIU< 01' 'l'HB CI:RCUIT COORT RIC 1'11S: $86.50

Eulbtt"A"

Ordf.unce 2014-7

1 ORDINANCE #201+7

2 PHft1..13..1

1. Rubin Grove• of Clennont, LLC.l 8heldon Rubin

2. Rubin Grav• of Clannont PUD

5

1. AN ORDINANCE OF THE LAKE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE

2. LAKE COUNTY ZONING MAPSi AND PROVIDING FOR ANEFFECTIVE DATE,

3. WHEREAS, Shakton Rubin (the •Apptlcanr) on behalf of Rubin Groves of Clermont. LLC - Sheldon

4. Ru!M (the 'Ownn') has aubmlbad an application to anend the Planned Unit Development (PUD) Zoning

5. Dfstr1ct (Ordtlance #2013-8) on 131 +/. acrea ID allow a Mlxad..Uae Planned Unit Develcpment of slngte­

6. famly realdentlal U881, limited commercial uaea, and to Include mass grading and ovemurden removal

7. exceeding 200% of the atormwater volume raqulrement and

8. WHEREAS, the property consists of appro>dmatsly 131 + acres located south of Clarmont-W8Bt and

9. 110ulhwe8t of lte lntel'88CHon of WoodCl88t Way and US'll1 Section 26 &'lf - Township 24 South - Range

10. 2e Eat. also described as Altemate Key #1595240, 2510480 end lhe western portions of Alternate Key #8

11. 1071011, & 1695188, and more partloolarfy deactlbed below:

12. LEGAL DESCRIPTION:

13. (Exhibit •A• Attached)

14. WHEREAS, lhe subject property Is looatfd within the Green Swamp Ridge Futul9 Land Use Category:

15. and

16. WHEREAS, the Boanl of County CA>mmlaaloners of Lake County1 Fiorita. on the 2611day of

17. February, 2013 approvacl a Mixed Uae PUO under Ordinance #201a-&: and

2J WHEREAS, the adoption of this new ordinance shall aupel18de and replace Ordinance #'l013-8; and

24 WHEREAS, the Lake County Planning and Zoning Board, did review petb PH #21·13-1, on the 71

2s day of January, 2014, aftar giving Nollce of Hearing on petition for a change In the uaa of laid, lnclt.drG a

1. nouce that said petition would be preaenled to Iha Board of County Commlsalonere of Lake County,

2. Florida, on tha 2811day of January, 2014; and

3. · WHEREAS, tha Board of County Commissioners reviewed said petition, the 1'9COmmendetlons of the

4. Lake County Plannlng a,d Zoning Boani1 and any comments, favorable or unfavorable, from the Pubic and

5. surrounding property owners at aduly advertised Publlc HeBllng, and

6. WHEREAS, upon review, ca,_n tenns pertaining 1D the development of Iha above described property

7. have bean duly approved, and

8. NOW THEREFORE. BE IT ORDAINED by the Board of County CommtaalonBIB of Lake County,

9. Florida, that the Lend Development Regulalona of Lake County, Florlde, be altered and amended aa they

10. pertain to the above tract of land. • apecilled above, subject 1D the following 1Blml:

36 Section 1. T111111:

1. The County Manager or destgnee shal amend the Zoning Map kl acmdl.llCB with this

2. Ordinance. The uaee of the property ahall be llmlted to lhe UN& apeclffed In this Ordinance and generaffy oonalslent with the Conceptual Plan attached hereb • Exhibit -eu. To Iha

3. extent where there are con11ct& between exhibit 'B1 and 1h11 Ordlnwioa, this Ordinance

   40

   PLANNING AND COMMUNrrY DESIGN

   111WEST MAIN STREET

   TAVARES FL Hffl

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   XNS RUMINft 2014016801 OR BOOK 4440/PACD 1153 PAGE 2 of 10

   
   

   
   

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   QUANCE #'lOM·Z

   PH121-13-1 /Rubin GrlMI of Clarmoo U.C-Sheldon Rubin (Profl20100tK>010 ARl2348)

   shaU take precedenoe. Thia Ordinance shall aupersade and replace any and au previous ordinances for1h18 property, epecfflcally Ordlmn:e #'i013-8.

   1. LJlld Uaa end Oealgn: (American Disabilities N:t. .. ADA Compliant Mixed Uae Community)

      1. Rasklanflal:

         Slngte.Famlly Resldentlel at adensity of up lo four (4) dwelling unltl (du) lo lhe net

         acre (490 dwelling units. maximum).

      2. Commarcfal:

         1. Commercial development area shall not exceed twen (24.54) ams

            maximum and as tnlted by the maximum floor area ratio of 0.25.

         2. Commerclal ·uaet ehaD be permitted In accordance with the Compnthenalve

            Plan and Land Dewloprnent Ragulatlona (LOR), aa amended.

            >.c:l»BBIJfY uaee directly associated with the above princlpal U988 may be approved by lhe County Manager or daalgnee. Any other Ll88 of the slta not spaclflad In ftlla Ordinance shall 11qulra approval of an amendment fo this Ordinance by the Soard of County Commlsslone11.

   2. Mass Grading and OYerburden Removal:

      1. The mass grading shall be consistent with Exhibit •c• - Mue Grading Conceptual Plan and Is 11ubJect to the Prtnclplee for Guiding Development and Development Requlramanta within lhe Green Swamp A1911 of CrltlGII Stata Concern contained In the Comprahnlve Plan and Land Development P.sgulallans1 as amended.

      2. The maee grading plan shall be suiject to Iha mining regulations oontalned kl the Land Development Regulatlona, as amended, 111d shall be submitted aa Conatruotion P11111 for Pha•1 of the development

      3. The mass grading plm, shaD meet all submlltal requirements for a Mining Condllonal Use Permit and Operating Plan In accord111ca with the Land Development Regulatlona, as amended, but wlll not be required to go through the Mining Condlllonal Use Pennlt Publlc Heart11i process.

      4. Prior to the commencement of any development activity, Including the mus grading of the sit&, a final plat shall be FeOOrded In lhe Public Records of Lake County, Florida, for the entire project acreage, which shall Include all lots and commercial development In addllon to complying with all provisions of this ordinance, aid all provisions of Iha Lake Countf Land Development Regulations (LOR) pertaining to the development of the property more partlcularty deacr1hed In Exhibit •A•. attached hereto and Incorporated herein, Iha Developer shall prov'lde a fully uaculed Devalopers Agreement between the DMloper and the County together with a Surety Bond In the IIOOUflt of on, hundred ■n d tw.nty (120) percint of 1ha total ccntruclon coat for the project, prior to or In conJur,ctlon wit the Board of County Commlsalone111 acceptance of the final pla Instead aid In place of the one hundf8d and tan (110) percent securJty ruqulrament stated In Section 14.08.00.E.2.• Lake County LOR.

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Exhlblt"A•

INSTRUMENT# 2014016801 OR BOOK 4440/PACD 1154 PAGB: 3 of 10

QBOINANQEAU+z

PH #21-13-1 I Rubtl Gl'OWII al Cllfflllln U.C- ShBldon Rullln (PRIJ#2010060010 ARm46)

1. C. Environmental, Open Space and Conaervation:

2. 1. An environmental assessment consistent with the Comprehensive Plan and LOR,

3. aa amended shall be requl19d with site plm1, prelinfnary plat1 and/or construction

4. plans.

5. 2. The development is providing 49,1 acres of open space, which meets Iha

6. millmum required open space of 49.07 acres (40% of the net bulldabla area), The

7. d8Y8fopment shall maintain the minimum oper1 space on the site, consfs1ant with

8. the ComprehensJve Plan and LOR, aa amended.

9. 3. All welands within the propertv shdl be placed Into a conservatton easement or

10. sfmllar recorded and legally binding Instrument, as allowed by law. pursuant to

11. Lake County Comprahenslve Plan Polley, as anended. The conservation

12. easement or almHar Instrument ahaU requlra that all wetlands and weUand buffers

13. be maintained In1helr natural and unaltered atata.

14. D. Development Requirements:

    
    

    Im	lo ISR	45% of lhe devel ment site
    Fl		26% of the non-reeldanUal devel ment site 5.000 SF; may Increase ID max. lSR & FAR HbuHdlng meets or exceeds austalnable
    Bulldlng Square Footage		building ra ng & cerlllloallon system and retains lhe first 3 Inches of atormwater runoff Ol'I the rt .

15. All devalopmanl shall meet the development requlraments within the Green Swamp

16. Area of C lical State Concern In accordance with Iha Comprehensive Plan and LOR,

11 asamanded.

1. E. Stormwater.

2. Stormwater faclllUes shall be oonstruclad utilizing the lale8l biodiversity design

3. 1echnlques and Beat Management Practices (BMPs)1 such as but not Bmlted to, blo­

4. flltratlon1 blo-swales, rain gardens, and blo-ratentlon.

5. F. uanaes:

6. 1. Central water and sewer ahaK be provided to the devBlopment prior to oonstrucllon

7. plan and/or site pia'I approval.

8. 2. A copy af the UUllty Service Agreement balWeen the developer llld utllty aeNlce

9. provider shall be provided to the County prtor to the approval of a alte plan and.lor

10. construction plans.

11. 3. The.Developer or Property OWner shaU demonstrate lhat all BCC888 ways are

12. designed to accommodals solld waste collectlon vehlclea to Lake Co.unty

13. atandll'ds1 aa amended,

14. G. Parking: All parking for the development s all be consistent with the Comprehensive

15. Plan 111d LOR, as amended.

33

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OR BOOK 44.0/P.AQI 115! PAGB 4 of 10

PBP!NANQEf20'.l+z

PH #21-13-1I Rllbln Oroves ofClerrnont1 LLC- Shllkkrl Rubin (Pnlj#2010080010 AR#2848}

l H. Buffers, Landscaping, and Setbacks:

1. 1. Landscaping and screening shaU be In accordance with the Comprahenslve Plan

2. and LDR, as amended.

3. 2. Landscape buffers. fences or waRs. shall not be required between commercfal or

4. mixed (rasldenHal/commerci uses within this planned unit deveJopment except

5. to vlaually SOl88n parking, loading or slorage nae.

6. 3, Best Management Pracllces for native landscaping and •right plant-right placea

7. landscaping techniques shall be used for the landscape design to minimize the

8. use of chemlcals, pestlcldae, and watar for ln1gaUon, Invasive and exotic plant

9. species are prohibited.

10. 4. A fifty (50) foot wide buffer shall be along the weatem perimeter property Ina,

11. adjacent to agricullural land araas and any agricultu,e zoned propertlaa, The

12. buffer wlH be assessed during the 19M of Iha required prellmlnary plat and/or

13. site plan and may consist of axlsllng non-Invasive vegetation or Roricla Friendly

14. vegetation.

15. I. Transportation:

16. 1. Access management shaU be consistent with the Comprehensive Plan1 LOR, and

17. Florida Department of Tl'a'laportatlon (FOOT) RegulaHons, u amended,

18. 2. A fi.JII operational traffic Impact analyals shall be submitted for l9\llew Md approval

19. with asita plan and/or prellmlnary plat application.

20. J, Llghdng: Exterior lighting shall .not lllumlnate adjacent proper11es and rights-of-way.

21. OUtdoor llghtlng shall be full-cutoff llghflng. Lighting shall be designed 80 as to prevent

22. direct glare. llght apfflage1 and hazaltlous lnlerference consistent with Dark Sky

23. Principles and be In accordance With the Comprehensive Plan and Land Development

24. Regulatlons, BB amended.

25. K Noise: A noise assessment shall be required wllh the prvllmlnary plat and/or site plan

26. submittal to demonstrate mlUgatlon for any noise lmpacls' the proposed pro)ect may

27. have on the neighboring uses pursuant to the LOR. as amended.

28. L, Slgnage: Slgnage shall be consistent with the Comprehensive Plan and LOR, as

29. amended.

30. M. ConculT8ncy: The development shall be subject to all applcable Concunency

31. Management requirements In arx:ordance wllh the Comprehensive Plat and LOR. as

32. amended.

33. N. Future Amendments to Statutes, Coda. Plan•. and/or Regulatlona: The specfflc

34. refarenoes In this Ordinance to the Florida Statutes, Florida Administrative Code, Lake

35. County Comprehensive Plan. and Lake County Land Development Regulatlons,

36. Include any future amendment to Iha statutas, Code. Plan, and.br Regulattona,

37. 0. PUD Term Umlts: Physical development shaH commence within th188 (3) years

38. from the date of thla Ordinance approval.

39. 1. Failure to subml an appllcatlon for a Mining Conditional Use Permi a Mining

40. Operatk>n Plan, Reclamatlon/Maes Grading Pm, and bonding or other security

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Ellhllll ''A"

INSTIWMIIN f 2014016801 OR BOOK 4440/PAGB 1156 PAGE 5 of 10

QRPINANQE f201+z

PH #21-13-1 J Rubia Grovea of Clftffllllllt LLC-Shaldon RUbln (Pmjl2010080010 AR#2348)

1. necessary to enforce the condllans of approval In accordance with Section

2. 8.08.00, LDR, as amended, shaU consllute ranure to commence pllyslcal

J development and shall cause the revocauon of this ordinance In accontance with

1. the Compmhanslva Plan or superseding dowments amended.

2. 2. Falure to oooslruct either infrastruoture for 100 dwetllng un\tl, lnfrntruclure for

3. 5,000 l(IUare feet of commercfal use, or the neceasary exlenslon of Woodcrest

4. Way to support the proposed development wltllln three (3) yaa11 of approval of

B this Ordinance, shall conadtute faRu,e to commence physlcal deWllopment and

1. shall call88 Iha revocation of this Oldlna,ce In accordance with Ille

2. Comprehensive Plan or aupersedlng documents amended. Clearing and grading

3. alone shall net be construed as aufflclent to meet this requlramBnt.

4. 3, Prior t.o expiration of the threa year time frame, the Boaltl of County

5. Commissioners may grant via a PubOc Hearlng, a one (1) extension of the tne

6. frame far a maximum of two (2) years upon a showing that reasonable efforts hawe

1 s been made towards aeeurlng the required approvals and commencement of work.

16 P. After eefabllahmenl ofthe facllltlea as provklad herein, the aforementioned property

1 '7 shall only be \lsed forlhe uses named In this Ordln111ce.

1. Q. This Ordinance shall Inure to the beneflt of, and shall conatltute a covenant running

2. with the land and the tenna, conditions. 111d provisions hsraof, and shaD be binding

2o upon the preaent owner and Fff/ succeasor, and shall be subject to each and every

1. condltlan herein set out

2. R, The transfer of ownership or l8a9e of any or all of ttla property descr1bed In 1h18

3. Ordinance shall Include in the lransl'ar or lease agreement. a provision that Ile

4. purchaser or lessee Is made good and aware of tile conditions partatnlng to lhla

5. Ordinance, and agrees to be bound by these cordltlons. The purchaser or les8ee Inly

6. request a change from lhe existing plans 111d conditions by followlng procedures

7. contained In the Lake County Land Development Regulations, as amended.

2e S. Acllon by the Lake County Code Enforcement Speclal Master: The Lake County Code

29 Enforcement Speclal Master ahaD have the aulhortly to enforoe the terms and

3o conditions set forth In this ordinance and to recommend that the Ordinance be

1. revoked,

2. Section 2, Development Review and Approval: Prior to 1he Issuance of any permits, lhe OWner

3. shall obtain development order apP,mvale from Lake County. The applications for final

4. orders ahall meet all submittal requirements and oomply with all County codes and

5. ordinances, as amended,

3 6 Section a. Severablllty: If any aectlon, aantence, clause or phraBe of this Ordinance Is held to be

31 Invalid or unoonsUtuUanal by any court of competent Jurisdlcllon, then said haldlng shall In

3 a no way affect the velldtty of the remaining portions of lhlB Ordinance.

3 g Sactlon 4, Flllng With the Department of State. The olelk shall be.and Is hereby dll9t\ed forthwith to

4 o send a copy of this Ordinance to the Secretary of State for the State of Florida In accordance with Section

41 1 26.661 Florida Statutes.

4.2

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Exhibit "N'

INSTlWMINTf 2014016801 OR BOOK 4440/PAGZ 1157 PA.GI 6 of 10

ORQNNJCE #201+z

PH121-18-1 / IUIII GRIVII d Clennon U.C-Sheldan Rubin (Pro}m10080010

1 Section 5, Effective Date. Thia Ordinance1hall become effective • provided by llw.

2

1. ENACTEDthlt 2.i + dayof 00J)Wl..NVt.- ,2014.

2. b

3. FILED with Iha Sacrttary of 81118 K b ('lAOJl_3. t O , 2014.

6

1. EFPECTIVE O 1 2014.

2. BOARD OF COUNTY COMMISSIONERS

   10

   11

   12

3. LAKE C RIDA

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IMSTRUMIINTI 2014016801 OR BOOK 4440/PAGK 1158 PAGE 7 of 10

or

OftPINANQE #2Q14·Z

PH ftl-13-1 I IUJln Grovel Clarrnon LlC - Sheldon RIJ>ln (Pn!Jl2010080010 AR#ZW8)

1. EXHIBIT •A 11 ... LEGAL DESCRIPTION

2. Parcel No,1;

3. The North 681 feet of the South 1485 feat of the Eaat 1'2 of the Southaut 1/4 of Section 27,

4. Township 24 South, Range 26 East1 L.ake County, Florida.

5. P@CCII No.2;

6. The North ee1 feet of the South 1485 feet of Section 26, Township 24 South, Range 28 East,

7. Lake County, Florida, lying West of the right of way of U.S. Highway No. 27,

8. LESS and.EXCePT the folloWfng described parcale:

9. From the Southwest comer of Section 26, Township 24 South, Range 26 East, Lake County,

10. Florida, run South 89111411150 11 Eaat, along the South llne of said section 26, 3388.26 feet to a

11. point on the centerRne of U.S. Highway #27, run thence along said centerlne, North 20•05'209

12. Wast,1384.28 feet; run thence North 81'41'5011 Wes 119.49 feet to the Point of Beginning; said

13. Point of Beginning being on the Westerly rlght of-way line of U.S. Highway # 27; continue

14. thence North 8911141'5011 West, 289.89 feet run thence North 0011118 1 1 0'1 East. 187.47 feet; run

15. thence South s 9•41150" Ent, 200.0 feet to the aforeeald Waaterly rlght-of..way llne of U.S.

16. Highway #27i run thenoe South 20°06120"1 Eaat, 200.0 feet to the.Point of Beginning.

17. AND

18. From tie Southweat comer of Section 26, Township 24 South, Range 26 East. Lake County,

19. Florida, n.in South 99•4115011 East, along the South llne of 11kt Section 28, 3388.28 feet to a

20. point on the aenterllne of U.S. Highway #!2.7, run thenoe along the said centerline of U.S.

21. Hlg,hway #27, North 20•05•2o"Weat 1384.28feet; thence North ee•41'5101 West 119.49 feet for

22. a Point of Beginning, aald Point of Beginning being on the Waaterty right-of-way llna of the

23. aforeeald U.S. Highway #27; run thence along ·said Westerly right-of-way llna South 20°0912011

24. Eut 200.0 feet; thence North 89°41'00" West 439.38 teat; thence North 00°18110" East 374.93

25. fee thanoe Soulh 89'4116011 East 100.00 feat; thenoe South 00°1811011 West 187.47 feet:

26. thence South 89°4115011 East 269.69 feet to the Point of Beginning.

27. Parcel No,3•

    way u.a.

28. That part of the South 1/4 of the Southwest 1/4 of the Southeast 1/4 lylng West of the right of

29. of Highway No. 27; The South 114 of the Southeast 1/4 of the Southwest 1/4; and the

30. South 1/4 of the Southwest 1/4 of the Southwest 1/4; Section 28, Township 24 South, Range 28

31. Eaat, Lake County, Florida;

32. The South 1/4 of the Southeast 1/4 of the Southeast 1/4 of Section 27, Townahlp· 24 South,

33. Range 26 East, Lake County, Rorlda,

34. Parcel No,.4:

35. The North 494 feet of the South 824 feet of Section 26, Township 24 South, Range 26 East,

36. Lake County I Florlda, lying West of tl'le right of way of U.s. Highway No. 27, and the North 494

37. feet of the South 824 feet of the Southeast 114 of the Southeast 1/4 of Secllon 27, Township 24

38. South, Range_26 Easti Lake County1 Florida.

39. ALSO LESS THE FOLLOWING DESCRIBED PARCEL (Raoetrac)

40. LEGAL DESCRIPTlON: (Racetrac Parcel)

41· A part of Saotlon 28, Township 24 South, Range 26 East, Lake County, Florida, being more

1. partlcularty described as follows:

2. Commence at the Southeast corner of said Sacllon 26.: thence along the South line of said 4 4 Section 26, North 89'61r1111 West, a distance of 2034.49 feet. to the weaterty right-of-way llne of

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INS'l'RtJMBN I 201401&801 OR BOOK 4440/PAGI 1159 PAGB 8 o 10

ORQINANCEfl0:1+z

Ftl t..!1•13-1 / Rubin Grovaa or aermon llC - Shefdon Rt.t>ln (ProJl2010080010ARl234B)

1. U.S. Highway 27 (State Road 25) per Florida Department of Transportation Right-ofMWay Map

2. Section 11200, for a point of beginning. Thence continue along eald South line, North 8S°59'11''

3. West, a distance of 469.14 feet; thence leaving eaid South llne. North 20017'1r Wesl a

4. dlltance of 1184.20 feel; thence South eea 5311tY1 East, a dletanca of 489.-45 feet, to a point on

5. the westerly right-of-way line of said U.S. Highway 27; thence along sa1d westerly right-of-way

6. line, South 2Ql'1T 1711 Eaat, a distance of 1183.34 feat, to the point of beginning. Containing

7. 11.95 acn,a, more or lffe.

8. Subjactto:

9. Legal descrtptlon: ingresa/egren eaeamant

10. A part of Sactton 26, Township 24 South, Range 26 Eaat, Lake County, Florida, being more

l l particularly daecrlbed aa followa:

1. Commence at the Southeast corner of said Sectlo.n 26; thence along the South line of said

2. Section 281 North 89059'11• West, a distance of 2503,63 feet; thence leaving aald South llne,

3. North 20•1r11• west. a distance of 835.57 feet. for a Point of Beginning; thence conUnue North

4. 20'17'17" W881:, a distance of 76.00 feet; thence North e;ci43•1e• East. a dlBtance of 440,00 feet,

5. to the weIterly r1ght..of..way line of U.S. Highway 27 (state Road 26) per Florida Department of

6. Transportation Rlght--cf-Way Map Sectll?n 11200: thence along aald westerly right-of-way llna.

7. South 20'17'_1r Eaat1 a dlltance of 75.00 feet thence leaving eald westerly rtght-of-way llne,

8. South 89'43'18.. West, a distance of 440.00 feet, to the Point of Beginning.

9. Containing 0.76 acres. more or Jen.

21

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Blchlblt "A"

lNSTRUNINT# 2014016801 OR B00IC 4440/PAGE 1160 PAGE 9 of 10

QBPl QE #201+z

PH f'l1-18-1 IRubin Groa of C1em1C11t. U.C- Shlldan Rubin (ProjffD1008001O AR#2.148)

1 EXHIBIT •a•- CONCEPT PLAN

2

3

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Exhlblt"A"

INSTRtlMBNTf 2014016801 OR llOOK 4440/PAGJ: 1161 PAGII 10 of 10

OflllNAHQERl1+z

PH #121-13-1 / Rubin GroV8a of Clennont LLC- Sheldon Rubin (Praj#Z010060010ARl2348)

1 EXHIBIT "C"- MASS GRADING CONCEPT PLAN

2

3

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. Exhibit "B"

Ground Water Monitoring Plan

GROUNDWATER MONITORING PLAN

Pagel of 5

The proposed Groundwater Monitoring Plan (OMP) outlines how Ruben Groves of Clermont. LLC, int.ends to assOS!I the impacts of the development on the enviromnental resources. The goal of the OMP ls to provido a ·basis to establish baseline conditions and assDSS the long-term

impacts of the dovolopment on the groundwater in tho project area.

Backa:mund

The areas proposed under this OMP include approximately 131 acres of vacant land currently of agricultural uso. The site will be developed as a handicap and ap,accessiblc single family residential community withcommercial development along U.S. Highway 27.

Proposed Groundwater Monitoring Plan

Tho main goal of the GMP wilt be to provide, baseline and long-term monitoring information from which the impacts on 1he groundwater of the area can bo assessed. Tho objectives of the OMP Include monitorlna water quality impacts from mass grading activities and land use changes including lawn oere e.ctivities and storm.water numagmnent In 1;he proposed residential commercial areas.

For the proposed residential development, a total of three (3) groundwater monitoring locations were 1elccted. Fipre 1presents the approximate locations of the three groundwater monitoring locations (denoted as GWB--1, OWCN2 and OWC-3). The proposed wells will be completed into the upper Floridan aquifert since this is the primary groundwater system of concorn. In addltlon. a shallow well will be installed at each location in order to access a su.rfioial aquifer which may be perched during wet IOISODB, _

All 1ix shallow and deep monitoring wells will be installed and sampled for background watm que.llty determination prior to any development oonstruotion in their respective monitoring areas. AU new wells will be mstalled and daveloped according to proper industry speciftcatlons. Water Managomcnt District (WMD) permits. WMD completion forms, and DEP completion fonns will be submitted. The wells are located to address the concerns of the planning agency over potentiaJ land use effects on gr01.mdwatar quantity.

All sample collection, storage, packaging, shipping and analyses will be conducted in accordance with standard practices. Qualified commerclal laboratories will conduct the laborat.ory analyses by commonly accepted methods (such as those prescribed by EPA or the APHA). The laboratory must have an approved quality assurance plan, and process sample1 according t.o 1he quality assurance plan.

The activities hwluded in this OMP will tarminate three years following project build-out, which shall bo the date the last platted lot is sold. This will provide adequate time to assess any negative impacts on water qualey as a result of the development.

Grow,tlwater Blnatio,u

Page 2 ofS Groundwater levels will be measured blNarmually and included In a summary report once a year, which shall be supplied to the Florida Division of Economic Opporbmity, Florida Department of Environmental Protection. and Lake County.

The OMP has been prepared based on a determined direction of regional upper Floridan aquifer

:ftow to the northNnortbeast and a looalir.ed flow in the surficial aquifer to the east and west. These flow diroctions have been contirmod by groundwater modeling efforlB conducted for die permitting of this project.

Oro,mdwllter Quality Mollltorlng Pll1flltU!ten and heqMenq

Consistent with approved plans for similar developmcntB, "indJcator-91 parameters would be most frequently monitored at the proposed locations:

• Groundwater samples will be collected immediately following installation of the monitoring wells and then twice per year, during the months of May and Oct.ober, correspondJng to the end of normal wet and dry seasons in the area. A sample _must be delivered to DBO and Florida Geologic aft.mo grading is complDte and before construction commcm.ces.

  
  

  One of the monitoring locations (GWB-1) will monitor background groundwater quality and the other two monitoring locations (OWC-2 and GWCN3) will monitor the eftbcts of the development on groundwater quality. All three (3) monitoring locations will be sampled and analyzed for primary and secondary drinking water standards immediately after installation of wells.

  Tin, bi--annual groundwater samples will be ana1)'7.00 for ..indicator" parameters. The analytical results wlll be compared to primary and secondary drinking water standards where applicable, The "indicator'' parameters will include:

  
  

  Nitrate Nitrite

  Total dissolved solids total suspended solids sulfate

  total phosphorus ortho-phoaphate

  total kjeldahl oi1rogen Arsenic

  
  

  In addition, any parmneter that has shown an exoeedanoe during the background sampling event shall be added to the smni--annual suite until it is shown to be of no concern for one year.

  
  

• Field parameters wiU be collected from all wells during the groundwater sampling events and wlll include turbidity, ,dissolved oxygen, specific conductiy!ty, temperature, water table elevations and pH.

Exhibit "B"

Page3 of5 An oxceedance of the Florida. standards or an increasing trend shall COllBtitutc CIWIC for an expansion of the sampling suite, sampling frequency, mitigation and/or remedial action for the purpose of preventing additional possible impacts. The action to be tabn as the resuh of an exeeedancc1 shall be determinod by the Florida Departmcn1 of Environmental Protection. The applicable Standards for the determination of en exceedance shall be the Drinking Water Standards. An increashlg trend will be defined as two (2) standard deviations from the baseline mean. The baseline mean will be d6terminod using initial sampling results from the three (3) monitoring locations,

All monitoring wells will be installed and sampled as soon as praotical prior to earth work activities, If after the initial sampling any well iB found to contain water that exceeds any water quality standard established under this OMP, the well will be re-sampled at least 30 and no more than 90 days after the original sample· wu taken. Prior to the sampling, at least five well volwnes will be purged from the woll. Should the second sample continue to·show that1he water still exceeds the water quality standard, the concontration fowid in the second sample will become the minim.um standard for that particular monitoring well.

Well Conltructlon

Prior to construction of the monitoring wells, continuous exploratory borings using split spoon samplers will be performed at each well location, Soil samples collected in the borings should be tested for grain size distribution In the anticipated screened intmval for use in sizing 1be filter mataial and slotted pipe section. Sizing of the filter and screen slot should be conducted using either EPA document 600/4R89/034, or ASTM D 5092R90. Using1he results of the exploratory borings, the final depths and screened intervals.

The monitoring wells should be constnwted using hollow stmn au.gar techniques or cased boreholes and rotary wash me1hod. The hollow stem auger or 1he rotary wash borehole should have a minimum diameter of 62 inches. A minimum filter pack annulus of 2 inches is required. All drilllna: equipment should be decontaminatodprior to installation of the monitoring wells and in batween inataUation of each monitoring well. Each monit.oring well should be constructed with 2--inoh diameter solid PVC well casing threaded to a 10 foot section of slotted PVC wall screen. The annular space around the well screen should be filled with filter pack to 3 feet above

the well screen. The filter pack ud slotted PVC should be sized eooording to the prevailing soil

conditions, as dc,scribed above, A sealant consisting of 30/65 silica sand should be placod above the filter pack and the remaining annular space should be sealed to grade, with neat content grout The grout should be mixed with no moie than six (6) gallons of water for each 94 pound bag of Type 1 Portland cement. Care should be taken to ensure that grout filtrate docs not enter the well.

Reporting

Iusults from all groundwater monitoring &0tivities described above would be summarized annually, and include all data in digital format and tabular representation. Included with the data for each individual well, the annual report will present the folioMng:

Exhibit 1B•

Page 4 of S

• A trend analysis including graphical representation for indicator parameters that have shown a consistently observable change over time and alao any parameters that havo shown an exooedanoe or an increasing trend.

• Mapa that show concentration contours of paramm,rs of possible concern will be aenerat.ed if adequato data are available. These maps will be used to investigate possible sources of groundwater quality degradation.

• Changes in the development regarding layout, location of possible inputs to ground or surface water souroes or any other occumm.ces or changes that may be pertinent to environmental effects.

• A report on the status of all monitoring wells and any proposed action if necessary.

• All hlstorioal data in tabular fonn provided in hard copy and digital spreadsheet format.

  
  

• Groundwater oontour maps aeated from the current year's water table elevation data referenced in NOVD.

The data included in these reports will be used to BBSess the effects, if any, of the development on the environmental resources of the area. Comparison of water quality results to applicable State water quality standards and a discussion of any exceedances or increasing trends will be included.

The first report must be delivered to DEO within six months of the execution of this Agreement Subsequent reports will be dellverod to DEO, Lake County, tmd Florida Geologic on Decembm I of each year,

Exhlblt"B'

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FIGURE1

Exhlbll "B"

Emibit "C"

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LOcatlon of Shallow Plezometers

Location of Deep Monitoring Wells

Graphic depiction of the location oftke proposed 1hallow piet:ometen and the deep monitoring wells

Docket for Case No: 15-000704

Orders for Case No: 15-000704